Reso 6766 _ _ _ _ _
U-2014-06
�� CITY OF CUPERTIIVO
--1` 10300'I'orre Avenue
Cupertino, California 95014
RESOLUTION IVO. 6766
; , , OF THE PLANNING COlVIMISSIOIV,OF'THE;CITY OF GUPERTINO
APPROVIIVG A.USE PERIVIIT TO.ALLOW AIV IIVTERIQRBAR WITHIlV AIV EXISTIIVG
GROCERY STORE (WHOLE FOODS) LOCATED A'I'20955:STEVENS CREEK BOULVARD
SECT'IOlV I:> PROTECT DESCRIPTION
Application No.: U-2014-06
Applicant: Dwane Kennedy (Whole Foods) ,
Location: ,- . 20955 Ste�ens Creek Boulevard
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SECTION II: FINDINGS FOR DEVELOPMEIVT PERIVIIT:
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WHEREAS, the Planning Corrunission of the City of Cupertino received an application for a
Development Permit as described in Section I. of this'Resolution; and
(�--1 WHEREAS, the necessary public notices have,been given`as x�equired by the Procedural Ordinance of
4�J the City'of Cupertirio, and the P1�lning"Comm'ission�has�held::at least one public hearing in regard to
the application;and ;- ;: i
WHEREAS, the project is determuled to be categorically exempt from the Califoxnia Environtnental
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Quality Act{CEQA); and , , ;
WHEREAS; the applieant has met the burden of proof required to support said application;and
WHEREAS,the P1�Znu1g Commission finds as follows with regard to this application:
1. The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in tYie vicinity; and'will not be detrimen#al to the public health, safety, general
welfare, or convenience;
The proposed wine and beer bar will be within the existtng YVhole,Foods Market which has operated at the site
since 2007. The closest single family residential property is;located approximately 260 feet from the proposed
interior bar. Adequate security measures are :incorporated into the proposed project. Therefore, the proposed
use will not be;detrimental to the public health,safety; and�welfare. ,
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2. The proposed use will be located -arid �conducted „in a manner in accord with the Cupertino '
Comprehensive General Plan and the purpose of'this title.
The proposed use complies with the Cupertino General Plan and Municipal Code requirements,-including:but
not limited to,parking regulations;hours of operation'and security medsures. ` ''
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Resolution No.6766 U-2014-06 October 28,2014
NOW,THEREFORE, BE IT RESOLVED: �
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2
thereof:
The application for a Use Permit, Application no. U-2014-06 is hereby recommended for approval 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 no. U-2014-06 as set forth in the Minutes
of Planning Commission Meeting of October 28, 2014, and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE DEPARTMENT OF COMMUNITY
DEVELOPMENT
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received August 11, 2014 consisting of 3 sheets,
labeled A1.0, A2.3, and A-CUP entitled, "Whole Foods, 20955 Stevens Creek Boulevard, Cupertino,
CA 95014," drawn by Field Paoli;except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data �
may invalidate this approval and may require additional review.
3. EXPIRATION
If the use for which this conditional use permit is granted and utilized has ceased or has been
suspended for two year or more, this permit shall be deemed expired and a new use permit
application must be applied for and obtained.
4. OPERATIONS
a. Beer and wine service from the bar shall only be operated within the area delineated on the site
plan exhibit.
b. The total number of seats shall be limited to 152 within the delineated service area.
c. Exterior doors shall be kept closed at all times.
5. MODIFICATION OF BAR LAYOUT AND OPERATIONS
The Director of Community Development is empowered to make or allow adjustments to the
operation and/or layout of the bar to address any documented problem or nuisance situation that
may occur or changes proposed by the restaurant operator that are d etermined to be minor.
6. REVOCATION OF USE PERMTT
The Director may initiate proceedings for revocation of the Use Permit in any case where, in the
judgment of the Director:
a. Substantial evidence indicates that the conditions of the conditional use permit have not been
implemented, or
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Resolution No:'6766 U-2014-06 . October 28,,2014
b: Complaints are received related to.the tentant unde.r,�this use;permit, and the complaints are not
� immediately addressed by the property management and/or the teriant, or
c. Where the permit is being conducted in a manner:detrirnental to the public health, safe:ty, and
welfare,in accord with the requirements of the municipal code.
7. LAW ENF.ORMENT SUPPORT �
The property owner shall address security concerns in the event that they arise to tlle satisfaction of
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the City. Tlie property owner shall pay for any additional"Sheriff enforcement fime resulting-from
documentecl incidents in the development at the City's contracted hourly rate 'with`the Sheriff
Department at the time of the incident, ,_ , ,
The City reserves the xight to �require' adclitional`security` patrols' and/or 'otlier measur`es as
prescribed by the Sheriff's Office or Code Enforcement. ,
8. STOREERONT V�1IlVDOW DETAILS' . . ``
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' The storefrorif windows shall be kepf operi'arid transparent to the-greatest extent possible. The�fin'al
` floor plan, storefronf design and window display'shall be re�iewed arid approved by the Director of'
Community Development prior to issuance of building permi;ts.
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9. . SIGNAGE _ , „ , '
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Signage is not approved with this use permit application: Signage shall eonform to the Gity Sign
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Code.
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O 10. ALCOHOLiC BEVERAGE CONTROL LICEIVSE �
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'The applicant` shall obtain and adhere to the appropriate California Alcoholic Beverage Control
` License(s)in conjuction with the proposed service.
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11. COIVSULTATION 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.
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12.�IIVDEMNIFICAT'ION . :r4 �:,. :��' ' , .
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To the extent permitted by law; tlie Applicant.shall indemnify and hold harmless the City,..its City
Council, its officers, employees,`and agents>(the"indemnified parties")'from and against:any claim,
act�on, or roceedin b �
' p g rought by a third party against�the indein�li:fied parties and the applicant to
attack, set aside, or void tivs 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.
`13. NOTICE OF FEES DEDICATIONS RESERVATIONS OR QTHER 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,
Resolution No.6766 U-2014-06 October 28,2014
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.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DISTRICT
1. FIRE DEPARTMENT REVIEW
Prior to preforming any work the applicant shall make application to, and receive from, the Building
Department all applicable construction permits.
2. FIRE SPRINKLERS REQUIRED
The new structure shall be equipped with a fire sprinkler system.
SECTION V: CEQA REVIEW
The project was determined to be categorically exempt in accordance with the California Environmental
Quality Act (CEQA), Public Resources Code Section 21000 et seq per Section 15301 (Existing Facilities)
of the CEQA Guidelines because it relates to interior improvements to an existing facility in a
development,urban environment.
PASSED AND ADOPTED this 28th day of October, 2014, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Gong,Takahashi, Sun 4
NOES: COMMISSIONERS:Vice Chair Lee
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
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ary . � Paul Brophy, Ch i
ssist.Director of Community Development Planning Commi on
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