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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