Reso 4683 8-U-95(Mod.)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4683
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A USE PERMIT TO ALLOW A
2,313 SQUARE FOOT MEZZANINE TO A GROCERY STORE
LOCATED AT 20558 STEVENS CREEK BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit Modification, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby approved, subject to the conditions which are
enumerated in this Resolution beginning on page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application 8-U-95(Mod.) set forth in the
Minutes of the Planning Commission Meeting of February 26, 1996, and aze incorporated by reference
as though fully set forth herein.
Resolution No. 4683 8-U-95(Mod.) February 26, 1996
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 8-U-95(Mod.)
Applicant: John Fry
Property Owner: Byer Properties
Location: 20558 Stevens Creek Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled "Whole Foods Market-Cupertino Floor
Plan Option 12" consisting of one sheet and dated February 19, 1996.
2. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 2,313 square feet of the 250,000 square foot retail
commercial development allocation pool reserved for the Heart of the City area.
3. PARKING
The City recognizes the minor deficit of five (5) parking stalls in relation to the city's parking
requirement. The applicant shall maintain shared parking arrangements among tenants.
PASSED AND ADOPTED this day of February 26, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Harris and Chairman Roberts
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Doyle and Mahoney
ATTEST: APP VED:
G ��I��,JC..- —
Robert S. Cowan Pau Roberts, Chairman
Director of Community Development Cupertino Planning Commission
g/planning/rs8u95m 1