Reso 039 C�TY OF CUPERTIIVO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 1V0. 39
OF'�'I�]E AI�MINISTIZA'1'�VE�IEAIZiiNG 1l��ETIIVG OF T]EiE CITY OF' CLJI'EIZ'TIlVO�'O
APPROVE AlV ADIVIINISTRAT'IVE USE I'ERIVIIT`�'O A�LOViT T�IE OP]EIZAT'IOIV OF
SPECIALT'Y FOOD S'�'OIZES THAT CLT1V�[LTLATiVELY OCCZJPY 1VIOIZE'TI�A1V 50%
OF TI�E RE'TAIL CElV'�'ER LOCAT�D A'T 19505 ST'EVEI�TS CIZEE��OULE�TARD
SEC'I'gON I: PI�OTECT I�ESCIZ�PTIOIV
Application 1Vo.: CLJP-2015-02
Applicant: Saher Stephan(The Tea Zone�Fruit]Bar)
Location: 19505 Stevens Creek Boulevard, #102 (AP1V 316-49-009)
SECTIOlV Ig: FI1VDIl�TGS
VVI�EREAS, the Administrative I�earing I�eeting of the City of Cupertino received an application to
allow the operation of specialty food stores that cumulatively occupy more than 50% of the retail portion
of'I`he l�etropolitan clevelopment.
WHEREAS, the Adinuiistrative I�earing Officer finds
1. The proposed use, at the proposed location, will not be cletrimental or injurious to property or
improvements in the vicinity, ancl will not be detrimental to the public healtl�, safety, general
welfare, or convenience;
Allowing the operation of A specialty food store that will cumulatively occupy more than 50% of the retail
center 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 because it will provide greater
accessibility of goods in existing planned general commercial district.
2. The proposed use will be locateci and conducted in a �nanner in accorcl with the Cupertino
Comprehensive General Plan, underlying zoning regulations, the purpose of the City's zoning
ordinances, and complies with the California Environmental Quality Act(CEQA).
'The proposed project is consistent with and will be conducted in a manner in accord with the General Plan,
Zoning Ordinance in that the use, subject to this approval and as conditioned, meets the requirements of the
Zoning District and General Plan and does not conflict with any prior approval. Furthermore the use is
categorically exempt under CEQA in that the proposal involves a negligible modification of an existing facility.
The conditions of approval contained in this resolution further reduce the likelihood of adverse impacts to
surrounding properties.
Resolution No.39 CUP-2015-02 Apri19,2015
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Application No. CUP-2015-02,is hereby approved; 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 CUP-2015-02 as set forth in the
Minutes of the Administrative Hearing Meeting of April 9, 2015, and are incorporated by reference
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set titled "The Tea Zone & Fruit Bar, 19505 Stevens Creek Blvd. #102,
Cupertino CA," dated March 19, 2015, consisting of two (2) pages, labeled A-1, and A-2 except as
may be amended by conditions in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth in this resolution shall be incorporated with complete written
annotated responses into the building permit submittal.
3. 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.
4. OPERATIONS
a. The total number of seats shall be limited to twelve (12) within the service area.
b. Employees shall park in the seven (7) parking spaces allocated for retail staff in the underground
parking garage of Building B of The Metropolitan development.
c. Outdoor seating will be limited to eight(8) seats.
d. Applicant shall submit a detailed maintenance plan to the City prior to Final Occupancy
outlining scheduled litter pick up around the project site (including retail parking area) and
appropriate signage to inform customers to not smoke within 25 feet of any area where smoking
is prohibited and to dispose of trash in designated receptacles.
5. CESSATION OF USE
Any discontinuation of the use of the produce market, bakery, or outdoor display shall not be
permitted to be reestablished without prior approval of a new discretionary permit application.
6. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval, in accordance with Use Permit U-2003-04 as approved by the
City Council on December 15, 2003, and the modification to the use permit M-2010-03 and exception
Resolution No.39 CU�'-2015-02 Apri19,2015
Page 3
to the F-Ieart of the City Plan (EXG2010-03) as approved by the City Council on October 7, 2010, shall
remairi in effect, except as may be amendecl by the conditions contained in this�esolution.
7. CONSLJI,TATIOlV VVI'�'Fi O'THEIZ DEPARTIVIEIVTS
The applicant is responsible to consult with other departxnents and/or agencies wit11 regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community I�evelopment I�epartrnent.
�. I1V�ENl1VIFICA'I'IOlV
To the extent permitted by law, the Applicant shall indemnify axid hold harnll.ess the City, its City
Council, its officers, employees and agents (the "indeinnifiecl parties") from and against any claim,
action, or proceeding brought by a third party against the indeiYu.lified parties anci the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for t11e project,
including (without limitation) reimbursing the City its actual attorneys' fees ancl costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to ciefend any such action with
attorneys of its choice.
9. NOTICE OF FEES l��DICATIOlVS RESERVATIOlVS OR O'THER EXAC'I`IOIVS
The Conditions of Project Approval set forth herein may include certain fees, cledication
requiremen�s,reservation requirements, and other exactions. I'u.rsuant to Government Cocle Section
66020(d) (1), these Conditions constitute written notice of a statement of the axnount of such fees,arid
a description of the dedications, reservations, and other exactions. You are hereby further notifiecl
that the 90-day approval period in which you may protest these fees, dedications, 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.
SECTIOlV I�T: CONI�I'I'IONS AI�IVIINIS'�ERED BY T�-IE ElV�1I]C�OlVl�!]EIVTAL PI20GIZANlS fl��VISIOlV
1. TRAS�I, RECYCLING AI�TD COlVIPOST IZECEPTACLES
Prior to final occupancy, the developer or business owner is required to install public frio birts (�30
gal) side-by-side for trash, recycling and coxnposting, adjacent to the development or business to
control peclestrian litter at the site. 'I'h e type and location of the receptacles are subj ect to the
approval of the Environmental Programs Manager. (C1VIC 9.18.210 P)
Resolution No.39 CUP-2015-02 Apri19,2015
Page 4
PASSED AND ADOPTED this 9� day of April, 2015 at a Regular Meeting of the Administrative Hearing
Meeting of the City of Cupertino, State of California,by the following roll call vote:
AYES: HE NG OFFICER: Chao
NOES: H A G OFFICER:
ATTEST: APPROVED:
Gian Paol Mar re o
Assistant Planner Assist.Director of Community Development