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U-2013-03b OFFICE OF COMMUNITY DEVELOPMENT , �. CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408) 777-3308 • FAX(408)777-3333• planninq(a�cupertino.orq August 23, 2013 California Campus Attn: Sophia Duus 1081 Essex Ave. Richmond, Ca. 94801 SUBJECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER—U-2013-02, U-2013-03, U-2013- 05 This letter confirms the decision of the Administrative Hearing Officer, given at the meeting of August 22, 2013; approving an Administrative Use Permit to allow the installation of a textile donation container to be located at 10650 Bubb Road (U-2013-02), 10122 Bandley Drive (U-2013-03) and at 10625 S Foothill Boulevard (U-2013-05), according to Resolution Nos. 18, 19 and 20. Please be aware that if this permit is not used within one year, it shall expire on August 22, 2014. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of the mailing of the notification this decision. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sinc r ly, � frey Trybus Code Enforcement Officer City of Cupertino Enclosures: Resolution No. 18, 19 and 20 CC:Jeffrey Young,c/o Thomas Jackson,22468 Cupertino Rd,Cupertino CA 95014 David,Marian Plaza,LLC,4546 El Camino Real#C,Los Altos CA 94022 Nahar Sing,c/o Gordon Beckstrom,22650 San Juan Rd,Cupertino CA 95014 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 19 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO APPROVE AN ADMINISTRATIVE USE PERMIT TO ALLOW THE INSTALLATION OF A TEXTILE DONATION CONTAINER TO BE LOCATED AT 10122 BANDLEY DRIVE SECTION I: PROJECT DESCRIPTION Application No.: U-2013-03 Applicant: Sophia Duus (Campus California) Location: 10122 Bandley Drive APN# 326-34-066 SECTION II: FINDINGS WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application to approve the installation of a textile donation container to be installed at an existing shopping center. WHEREAS, the Administrative Hearing Officer finds: L The proposal, at the proposed location, will not be detrimental ar injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of Chapter 19.108, of the Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Application No. U-2013-03, is hereby approved; and That the sub conclusions upon which the findings and conditions specified in this Resolution are based and contained in the public hearing record concerning Application U-2013-03 as set forth in the Minutes of the Administrative Hearing Meeting of August 22, 2013, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the site plan titled "Marina Foods, 10122 Bandley Drive Cupertino Ca" prepared by Chris Wedge, Campus Califomia, dated August 8, 2013 and consisting of one sheet labeled A2, except as may be amended by conditions in this resolution. Resolution No. 19 U-2013-03 August 22,2013 Page 2 2. NUMBER, SIZE, AND LOCATION OF DONATION CONTAINERS The total number, size, and location of collection containers shall be limited as shown on the site plans. No additional containers shall be permitted, nor shall any increase in size or revision to the location be permitted without a separate approval, notwithstanding changes required as part of the Administrative Use Permit. 3. CESSATION OF USE Any discontinuation of the donation container shall not be reestablished without approval of a new application. 4. PROPERTY OWNER AUTHORIZATION A condition has been added to have Campus California obtain written authorization/consent from the property owner and or legal representative to install the donation box on this property before the donation box is installed. 5. PERMIT RENEWAL The applicant/property owner is responsible to renew the permit before it expires 18 months of the date of the approval on(February 22, 2015). If the permit expires without renewal, the collection container shall be removed from the site on the day following permit expiration. 6. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 7. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 8. NOTICE OF FEES,DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Resolution No.19 U-2013-03 August 22,2013 Page 3 PASSED AND ADOPTED this 22th day of August, 2013 at a Regular Meeting of the Administrative Hearing Meeting of the City of Cupertino, State of California,by the following roll call vote: AYES: HEARING OFFICER: Gary Chao NOES: HEARING OFFICER:none ATTEST: APPROVED: /s/Teffrey Trybus /s/Gar�Chao Jeffrey Trybus Gary Chao Code Enforcement Officer City Planner �� e�,�r��:•�r_ i�c��c:�.�r��i�1 `� �� % [„,'•�' �a V 4 `�� '� . ��r� �� r�� . ;��r�a=�`��:��F. �.��,�t��_ , � �: �� :�, '�g f -' �a,�_1. �� 1 R i � . :•t ,- L � �.,,F�.�. ,�: �.. �� ,e�,8 .`:�i ., �. �q�1 , �. 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