CUP-2015-02b OFFICE OF COMMUNITY DEVELOPMENT
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CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N 4 (408) 777-3308• FAX(408)777-3333•planning(a�cupertino.org
Apri113, 2015
Saher Stephen
3653 S. Bascom Ave.
Campbell, Ca. 95008
SUBJECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER—CUP-2015-02
T'his letter confirms the decision of the Administrative Hearing Officer, given at the meeting of Apri19,
2015; approving an Administrative Use Permit to allow the operation of specialty food stores that
cumulatively occupy more than 50% of the retail center, located at 19505 Stevens Creek Boulevard,
according to Resolution No. 39.
Please be aware that if this permit is not used within one year, it shall expire on Apri19, 2016.
Also, please note that an appeal of this decision can be made within 14 calendar days from the date of
the mailing of the notification this decision. If this happens, you will be notified of a public hearing,
which will be scheduled before the Planning Commission.
Sincerely,
Gian Paolo Mar e
Assistant Planner
City of Cupertino
Enclosures:
Resolution No. 39
CITY OF CUPERT'INO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 39
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO
APPROVE AN ADMINISTRATIVE USE PERMIT TO ALLOW THE OPERATTON OF
SPECIALTY FOOD STORES THAT CUMULATIVELY OCCUPY MORE THAN 50%
OF THE RETAIL CENTER LOCATED AT 19505 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: CUP-2015-02
Applicant: Saher Stephan(The Tea Zone &Fruit Bar)
Location: 19505 Stevens Creek Boulevard, #102 (APN 316-49-009)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Meeting 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 The Metropolitan development.
WHEREAS, the Administrative Hearing Officer finds:
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;
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 located and conducted in a manner in accord 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 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: HEARING OFFICER: Chao
NOES: HEARING OFFICER:
ATTEST: APPROVED:
/s/Gian Paolo Martire /s/Gar�Chao
Gian Paolo Martire Gary Chao
Assistant Planner Assist.Director of Community Development
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