HomeMy WebLinkAboutCity Council Resolution 99-38
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RESOLUTION NO. 99- lß..
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A RESOLUTION OF THE CITY COUNCIL OF THE
CfIY OF SARATOGA DENYING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION;
APPELLANT CHRIS HAWKS
APPLICANT STARBUCKS COFFEE, INC.
12960 SARATOGA-SUNNYVALE ROAD
UP-97 -004.1
WHEREAS, Applicant Starbucks Coffee, Inc. has applied for modification to
an approved use permit to expand into an additional tenant space and increase the
total space to 1,600 square feet and add nine tables for outdoor seating; and
WHEREAS, on April 28, 1999, the Planning Commission of the City of
Saratoga held a hearing on said application at which all interested parties were given a
full opportunity to be heard and to present evidence and following the conclusion
thereof, the Planning Commission voted to approve the use pennit modifications; and
WHEREAS, Appellant Chris Hawks has appealed the approval of the Planning
Commission to the City Council; and
WHEREAS, on June 16, 1999, the City Council conducted a de novo public
hearing on the appeal, at which time any person interested in the matter was given
the full opportunity to be heard and to present evidence; and
WHEREAS, the City Council reviewed and considered the staff report,
minutes of proceedings conducted by the Planning Commission relating to the
application, and all written and oral evidence presented to the City Council in
support of and in opposition to the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Saratoga as follows:
1. After careful consideration of the site plan, architectural drawings, plans
and other exhibits submitted in connection vvith this matter, by unanimous vote of
the City Council the appeal from the Planning Commission is denied and the action
of the Planning Commission is affinned, to wit:
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The approval of the use pennit has been upheld and the following findings
have been determined:
<a) The expansion of the interior store area and the placement of the
outdoor seating will be an attractive amenity at the shopping center and will not be
detrimental to the public safety if the following limitations are imposed:
i) The hours of operation of Starbucks Coffee is limited to 6:00
a.m. to 9:00 p.m, Monday through Thursday; 6:00 a.m. to 10:00 p.m. on Friday;
6:30 a.m. to 10:00 p.m. on Saturday; and 6:30 a.m. to 9:00 p.m. on Sunday.
ii) Any tables and chairs for outdoor seating must be taken
indoors by dusk every evening.
2, The Use Permit 91·004.1 is hereby modified to reflect these conditions.
. * *
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 7th day of Jul y ~ 1999, by the following vote:
J\1nES: Councílmembers Baker,Streit, Mehaffey, Vice Mayor Bogosian,Mayor Shaw
NOES: None
ABSENT: None
ABSTAIN: None
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J\TfEST:
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City Clerk
LMR:kag
June 30. 1999
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