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U-1995-08(Mod)bM 7 "J City of Cuperthio February 10, 1998 John U. Fry 444 Airport Blvd. Watsonville, CA 95076 Department of Community Development 10300 Torre Avenue, Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Planning Division Dear Mr. Fry: SUBJECT: PLANNING COMMISSION ACTION LETTER a Application 8-,J-95 (Mod.) This letter confirms the decision of the Planning Commission, given at the meeting of February 9, 1998, approving a minor modification according to the enclosed copy of the Planning Commission Resolution No. 4890. Please note these conditions carefully. Subsequent submittal of material for building permits or other entitlements will be checked for compliance with the conditions listed in the Resolution; discrepancies may result in processing delays. Please contact our office if you have questions about this matter. Please be aware that an appeal of this decision can be made within 14 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, Ciddy Wordell Community Development Department g/planning/posthearing/8051tr Printed on Recycled Paper d' (8-U-95(M)) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4890 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION OF A USE PERMIT TO CONSTRUCT A 552 SQ.FT. ADDITION FOR A BALER ROOM AND AN ENTRY AT AN EXISTING FOOD MARKET. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, 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. That the use or uses are in conformance with the .General Plan. of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. 2. That the property involved is adequate in size and shape to accommodate the proposed use. 3. That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. 4. That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the'neighborhood. 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(M) set forth in the Minutes of the Planning Commission Meeting of February 9, 1998, and are incorporated by reference though fully set forth herein. ■ Resolution No. 4890 February 9, 1998 Page-2- .SECTION II: PROJECT DESCRIPTION Application No.: 8-U-95(M) Applicant: Byers Properties/Whole Foods Market Property Owner: Same Location: 20830 Stevens Creek Blvd. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Sheet A-1, dated 1/14/98. 20 PRIOR APPROVAL Conditions of approval from 8-U-95 remain in effect. PASSED AND ADOPTED this 9th day of February, 1998., at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle, Harris, Mahoney, Stevens NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Is/`Robert S. Cowan Robert S. Cowan Director of Community Development g/pdreporthso805m APPROVED: /s/ Donna Austin Donna Austin, Chairwoman Cupertino Planning Commission CITY OF CUPIERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: 8-U-95(M) Agenda Date: February 9, 1998 ]property Owner. Byer Properties (Whole Foods Market) ]Property Location: 20830 Stevens Creek Boulevard Aunlication Suu>rnm To construct a 552 sq. ft. addition for a baler room and an entry at an existing food market. (The 552 sq. ft. was based on preliminary drawings; actual square footage is 637.) {Discussion: The baler room is proposed at the rear (south) elevation of the market. The room will enclose the baling of cardboard which currently occurs outdoors in this area. The baled cardboard is picked up approximately once a week through the loading door. The door will be closed except at delivery times. A roof over the existing stairwell which currently serves the mezzanine is also proposed. An allocation of 637 sq. ft. from the Heart of the City commercial allocation will be required, which will leave 190,267 sq. ft. in that category. The new entry enclosure will occur, within an existing awning/column entry area.: A new windscreen is also proposed at the exit doors. Both proposals are needed to provide better protection from the elements. No square footage allocation is required for this enclosure because it is open at the top; it is not affixed to the eave or awning above. Recommendation. Staff recommends approval. Enclosures - Model resolution Sheet A-1, dated l/14/98 Submitted by: Ciddy Wordell, City Planner Approved by: Robert S. Cowan, Director of Community Development � g:p1anning/pdreport/pAu95m _ z W,o,�u i s• T 1 J- \1 x a r{I•} •.... uaf�j :.'6 � _� f'-'� .•>.�. t kM r p_I�, x> _.-. 07, (+ •z_ F� Ty1I ,1I1 �xw•xl� � �!e a � .,,F �{ 7 �Y�1. . 1��1-�G�b�\'Y\PLj/° 'r<,•. 1c-I��lll -�_r +: @ . � . ��,�'' cU r Vto NO 142W (bAl�f� Aw 4 \ �kl�T' NEW Er11T�`( awcLa5u • E:XIbT PPRKIa�j MA•Wc�j ✓/ PJI.O la - a n' �•- exlsr PAe4eJ NG mil. �� NEAE W W D- HReA� 0 1 I I EXIe9T PU�i6K i I EXIT•• RbR 1 k ! i 1 I N0W rev exl�r. Rn G, NSW b.& L. E i, ArlolTt0" NEW �o^ HEM GONG.51.ApJ p0v Pwol� I= SKI wl sklsj tva.�s y ue Ex18 , M7•,7-. Z �5'(7 • Tti M�zXJ�.NWl� • v - NI:w NEw Z wail...11�UM1IOEFLSiPEGF EXls-i- STI:. PM sleE-�Tuvs +I I ��77 U o sYP2v w/S lil �I �'-'R> NROvE Ewe d v��s� pn� . ° X ,reX1 exlsr cvc-K ° �N+PpToK EkIST, LoA•c;'1n4G4 NEW P�A,LEFz .�aalrtc�r� zs r SOUrh 'aNC> Ors VL. I I ,i/ 11 NC9W wMli31•AI.FoDR��wPTRy . �asl�4ST $ Tf+-U-%1 T� N.dT _ 17 EXI6.MC�I7+•L � - rQ 1 ---._ ---- Gv(jE�R,SIDirla. T�^t, i0 _ r•' — Y NEW COn1G. Eycl�bT. 5rAllZ .-r - e u^ Ie FAeTeE} ro 0 / _ r rr _ \ r � I/1^," 1 0" ...._.._._._.--.-....-•ir-__....-.-.... Irl I I El" . NEWW�rJIJDRAAtc-oti SS njftprlZE ANop1 Gf7 AWr.I. • • •ro Ma7GN-l�w'6�: 5jofzGFfbNT PROIECTIOWNER NEVJ GLAS�v AMMONS AND ' WHOLE I FOODS o MARKET Ir I CROSSROADS SHOPPING CENTER 20558 STEVENS CREEK BLVD. CUPERTINO, CALIFORNIA C/D/M REAL ESTATE COMPANY sTo�T E Isr LoW 444iAIRPORT BLVD. G T SUITE #203 i`-- WATSONVILLE, CA 94076 - -- —•— CI"= exi' ' cow APPL • NQ. -U-95 . li�C� o I - DRAWN RY P71 tPRINT DATE (,Jn DRAWINGDA7E-.'12/30/q�` DATE ISSUED FOR CONSTRUCTION +1 O REVISIONS y .L'-1 I�{419gj PFG-r-{FARING ._. _co�cTia.1S 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