U-1995-08bWof
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Cupertino FAX (408) 777-3333
Community Development Department
February 27, 1996
John Fry, Project Manager
Whole Foods Market
444 Airport Boulevard, #203
Watsonville, California 95076
SUBJECT. PLANNING COA01ISSION ACTION LETTER m Application 8-U-95
This letter confirms the decision of the Planning Commission, given at the regular meeting of
February 26, 1996, approving a mezzanine to a grocery store according to the enclosed copy of
Planning; Commission Resolution No. 4683.
Please note these conditions carefully. Subsequent submittal of materials for building permits
or other entitlements will be checked for compliance with the conditions listed in the
Resolution; discrepancies may result in processing delays. Pleasecontact out `office if you
have questions about this matter.
Please be aware that an appeal of this decision can be made within fourteen calendar days of
the decision. If this occurs, you will be notified of a public hearing which will be scheduled
before the City Council.
Sincerely,
Colin Jung
Community Development Department
cc: Byer Properties
J. Michael Dorton
Enclosure
Resolution -No'. 4683
Printed on ROCIVOted Paeer .
8-U-95(Mod.)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4683
OF THE PLANNING COMMISSION OF THE CTTY 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 CREED 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 proposedlocation, will not be detrimentalorinjurious 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(1\4od.) set forth in the
Minutes of the Planning Commission Meeting of February 26, 1996, and are 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: Dyer Properties
Location: 20558 Stevens Creek Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED .iEI3MITS
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 I allocation pool reserved for the Heart of the City area.
3. PARKIN
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 toll call vote:
AYES: COMMISSIONERS: Harris and Chairman Roberts
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Doyle and Mahoney
ATTEST: APPROVED:
/s/ Robert S. Cowan
Robert S. Cowan
Director of Community Development
g/planning/rs 8u95rn 1
/s/ Paul Roberts
Paul Roberts, Chairman,
Cupertino Planning Commission
i
- CitN- of
pup e®
July 25, 1995
Byer Properties
1000 Brannan Street, #201
San Francisco, California 941,83
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
e
CITY COUNCIL ACTION e . APPLICATION NO. 8-U-95 o BYER PROPERTIES e USE
PERMIT TO DEMOLISH,TWO EXISTING.BUILDINGS AND CONSTRUCT A 2290010 SQ.
FT. FOOD MARKET AND A 49000 SQo FT RESTAURANT; PROPERTY IS LOCATED AT
20558 AND 20900 STEVENS CREEK BOULEVARD
At their regular meeting of July. 17, 1995, the Cupertino City Council granted a negative declaration
and approved Application No. 8-IJ-95 per Planning Commission Resolution No. 4613 for the footprint
of both buildings and architectural design on the Whole Foods building. Council directed that staff,
Council member Bautista, and Mayor Dean schedule a meeting with the applicant to discuss the
architectural design on the Fontana building.. Council will review this design at their -regular meeting
of August7, 1995. The conditions of approval are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT INEPT.
1. FIDE SPRE* KLERS
The market shall be provided with an approved automatic fire sprinkler system. system design
shall comply with NFPA standard #13, 1989 edition.
2. EMERGENCY ACCESS BOXES
Both buildings shall be provided with an approved emergency access key lock box (KNOX),
mounted on the exterior, adjacent to the main entry.
3. NOISE
The project and its tenant operations shall comply with the noise mitigation measures
summarized in the Lewitz and Associates Noise Report dated May 31, 1995. The noise
mitigation measures are:
Printed onsRecvcled Paoer
t
Application 8-U-95
Page 2
1) Refrigeration trucks should not operate on -board refrigeration units while at the loading
dock.
2) The trash compactor hydraulic unit shall be surrounded with a masonry noise barrier
adequate in height and length to mitigate equipment noise to city noise standards.
The market shall define a common open space area along the front walkway of 550 square feet
or more. The plans shall be revised to show improvements conducive for outdoor customer
usage, such as tables, chairs, benches, planters and potted plants.
Trellis members should approximate the size and spacing of the wooden columns.
D :' .M •e_
The Nerium oleander along the side of the market shall be replaced with a non-poisonous
species of tree or shrub that can also adequately screen the building. The applicant shall work
with staff on the landscaping to visually screen the restaurant west elevation and the food
market south and west elevation.
The seating for the free-standing restaurant building shall be increased to a maximum of 124
seats without expansion of the building envelope.
8. The applicant shall install streetscape landscaping consistent with the yet to be adopted Heart of
the City Specific Plan streetscape design. In the event that building permits are approved prior
to the adoption of the specific plan by the City, the applicant shall post a $25,000 performance
bond prior to issuance of building permits to ensure the installation of the streetscape
landscaping.
Street widening, improvements and dedications shall be provided in accordance with city
standards and specifications as required by the City Engineer.
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
^ Application 8-U-95
Page 3
3. STREET LIGHTING INSTALLATION
Street lighting shall be installed and approved by the City engineer. Lighting fixtures shall. be
positioned so as to preclude glare and other forms of visual interference to adjoining properties,
and shall be no higher than the maximum height permitted by the zone 'in which the site is
located.
Fire hydrants shall be located as required by the city.
5. TRAFFIC SIGNS'
Traffic control signs shall be placed at locations specified by the city.
6. STREET TREES
Street trees shall be planted within the public right-of-way and shall be of;a type approved by
the city in accordance with Ordinance No.125.
7. GRADING
Grading shall be approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public
sidewalks maybe allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are
deemed necessary by the City Engineer. Development in all other zoning districts shall be
served by on -site storm drainage facilities connected to the city storm drainage system. If city
stonn drains are not available, drainage facilities shall be installed to the satisfaction of the City
Engineer.
9. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance
contained in Chapter 14.24 of the Cupertino Municipal Code and other related Ordinances and
regulations of the, City of Cupertino, and shall coordinate with affected utility providers for
installation of underground utility devices.."The developer shall submit detailed plans showing
utility underground provisions. Said plans` shall be subject to prior approval of the affected
utility provider and the City Engineer.
10. IMPROVEMENT AGREEMENT
The project developer shall enter into a improvement agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees, storm
1
Application 8-U-95
Page 4
drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be
executed prior to issuance of construction permits.
a.
Checking and inspection fee:
b.
Development maintenance deposit:
C.
Storm drain fee:
d.
Power cost:
e.
Map checking fee:
f.
Park fees:
6% of improvement cost or $1,744.00 minimum
$1,000.00
$5,203.00
$75.00 per light
N/A
N/A
The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposed herein may be modified at the time of recordation of the
final map or issuance of building permits. In the event of said changes, the fees charged at the
time will reflect the current fee schedule.
•.0
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall
be screened with fencing and landscaping or located underground such that said equipment is
not visible from public street areas.
• \ • .: 'A 0 1►
The developer shall execute a quitclaim deed for underground water rights to San Jose Water
Company and shall reach an agreement with San Jose Water Company for water service to the
subject development.
The developer shall dedicate sufficient land to the city to accommodate a 10-foot curbside
planting strip and a 6-foot sidewalk.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development staff members for
clarification. Failure to incorporate conditions into your plan set will result in delays at the plan
checking stage. If development conditions require tree preservations, do not clear the site until
required tree protection devices are installed.
The expiration date for the use permit is July 17, 1997. (Section 6.4 of Ordinance No. 652 as revised
by Ordinance No. 1136).
Sincerely, e-S
'.Znzi
KIMBERLY S TH
CITY CLERK
Application 8-U-95
Page 5
cc: Department of Community Development
Department of Public Works
Phillip Savio
Cupertino Sanitary District
20065 Stevens Creek Blvd.
Cupertino, CA 95014
Joe Ternbrock
20791 Scofield Drive
Cupertino, CA 95014
J. Michael Horton
1033 Willow Street, #201
San Jose, CA 95125
Steven Yang
20805 Scofield Drive
Cupertino, CA 95014
Lucille Honig
20745 Scofield Drive
Cupertino, CA 95014
Ted Ripplinger
20821 Scofield Drive
Cupertino, CA 95014
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REVISIONS BY
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EXISTING RES DE CES
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A 260.601 � FF'2�.901 � �: N ✓?�A Z
�I fiTc250.251.
DETAIL gl4 �oFM I I I I I I III- I t__FF T��,�
M�LaL6a7� A SECTION A -A
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EXISTING,
PIZZA HUT
STEVENS CREEK BOULEVARD
TAnd•eema obieetivan.
The landscape doslgn approach hoe been with a simple but
!f -Live theca. in mind. Madluo alaed troop, dhrubo ond
n-
1 imal groundcoverm. The layout is also to coat the City
portino soda nM %eri.c.p. requiromanto. Loon and
-street tress, on -sleeted by the City, Nova Doan placed
along Stevens Crook Boulevard.
Scroon1.9 Sosuoa have bop. looked at, 'dmvi.. sm many of the
Euealypeun along the-aouta property lino-aa.,poaalblo and
providing additional': trees to till'!n. .Toll'-gzwlnq mhrubo
hmva�boan lcooked betaeon the propose; iidingo and -lance"
lihe. to help screen the via rom the neighboring church
property. -
The proposed trace in the parking srem have bean chosen to
provide diflaroncoa-: in. deals o _11 m n change in seasonal
color and blood. The landscape area's Pcatsnaa: Rontourant
is a"little =is'•detailed• because of apace avail ehis 'and .
the desire of the O er.
//REE-VIISSIONS BY
YhOTM wIZ
Sad Loan - 106% fescue "
Lnntano.. montovidansia/Levandar Lantana 1 gallon
Myopvrun-Psrvifoliva 0 36" ce 3
Bargonis craaaifolla Q, 18• oc 3
Cazmnin mitauaa Vallov 0 12• oc flat
A pittospordo tabira Nhoolora Daarl 5
B Raphidlapia Ba3larinm. S "
C Enasllonia Terri 'S
n Mari 1 endar/Mhita
E phorolum tonex/M 'a .lend Flex
F Vibu[nam aumpan.un/S.ndank1 Viburnum 5 _
G Santoline vireo¢/Orcan Lavender Cotton 5
,M Canollia jeponica/Red 5
I' Layondule Eentata/Lavandar 5 y
'J Esc llonis ftadoaii
�V-1 Parthenoalasua quinquefolia
Virginia creeper
T-1 pica c 11 rya Chanticloar/ 06" has
Ora nt l.Poor Q 25• cc.
Raq !r d atreot trva
'T-2 I.ageatroeaiaTuakogae/Pi'nk Crape Myrtle 15gallon-
'�T-3 Lageatroemla Muakogaa/Levendar Crape 15 "
:. . Myrtle
T-m .Sepi aabiforua/Ch1 vas Tallow Tree 24• box
,T-5 Nation, olomnd r/R a tree rn feis ;gnlloa.A
T-6 O1 s r.pu/Mu Iti-trunkod-cIiv 2i•. box
fruit] ad v6riaty W -
`:.T-'/ Codrue dooda m/Doodor cedar 20• bex _
�T-8 - .Lag oatroamla Mumkagaa/Malti-tranked :24• box
Crn& MYrCle
1) All landscaped areas shall r calve a two inch layer of
approved 'mulch. .. ._ o•
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EXISTING CHURCH BUILDINGS
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COLUMNS
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COCKTAIL SA',
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PROJECT
JACOUBOWSKY HAWKINS WALKER ASSOCIATES, INC.
ARCHITECTS AND PLANNERS
299 CANNERY ROW
MONTEREY; CALIFORNIA 93940
OOU 649-1701
CitN' of'
Cuperthib
August 14, 1995
Byer Properties
1000 Brannan Street #201
San Francisco, California 94183
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
CITE' COUNCIL ACTION - REVIEW OIL ARCHITECTURAL DESIGN OF THE FONTANA
BUILDING (APP LIICATI[ONIW2�N��959,IBYER PROPERTIES)
At their regular greeting of August 7, 1995, the Cupertino City Council approved the revised design for
the restaurant building for this application and approved a development allocation of 250 sq. ft. from
the Heart of the City development (pool.
If you have any questions regarding this action, please contact the Department of Community
Development staff members for clarification.
Sincerely, e
CITY CLEF
KS/cs
cc: Department of Community Development
Department of Public Works
J. Michael Horton, AIA Architect
1033 Willow Street #201
San Jose, CA 95125
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NOTICE OF DETERMINATION
-'S9
15-EA-95
AppRACat ion 8_U-95
Dyer Properties
At their meeting of July 17, 1995, the City Council of the City of Cupertino considered
an application fora use permit submitted by Byer Properties. The project is'located at
20558 and20900 Stevens Creek Boulevard.
The project is described as a use permit to demolish two existing buildings and construct
a 22,000 sq. ft. food market and a 4,000 sq. ft. restaurant.
The decision of the City Council was to approve said project. The Planning Commission
by filing a Negative Declaration on this project on August 1, 1995 has determined that
the project will not have a significant impact upon the environment and therefore, no
Environmental Impact Deport has been prepared. The Negative Declaration has been
prepared pursuant to the provisions of State and City guidelines. A copy of said Negative
Declaration is available in the Office of the City Clerk, 10300 Torre Avenue, Cupertino,
California.
oberta Wolfe
Deputy City Clerk
City of Cupertino
Aug 7 1995 _
-EP 71995
V , T UNTY CLERK
114 LaVE9' COUNT CLERK
DEPW
Please return to City Clerk's Office
10300 Torre Avenue, Cupertino, CA 95014