The Cupertino Courier
News
Neighbors' opposition can't stop grocery store
By Crystal Lu
Marukai, a Japanese chain grocery store, will open at Marketplace Shopping Center in Cupertino despite the opposition of neighboring residents.
The city council on Jan. 8 unanimously upheld the appeal of Marketplace's owner, Evershine Group, reversing the planning commission's denial of Marukai's application. The council approved Marukai's use permit under certain conditions: that there will be sealed new trash compactors, a hotline will be set up to address residents' concerns and the council will review the case in a year.
"Neighbors' concerns are real, but we can address the concerns readily with new technology," said Mayor Dolly Sandoval.
Evershine also won an appeal of the planning commission's denial of amending Resolution 3055, which governs the rear area of Marketplace, located at 19680-19720 Stevens Creek Blvd. The resolution mandates that new businesses coming to the rear area of Marketplace, which is near residences along Bixby Drive, have no more on-site food preparation than the businesses they replaced.
Since Longs Drugs was the previous tenant of the Marukai site, the resolution precluded Marukai from food preparation in the store.
The council accepted a staff recommendation to amend the resolution by defining "food preparation" in the ordinance as "cooking or warming of food products by the application of heat."
This definition allows Yogurtland, another applicant, to open a new store in a smaller site of Marketplace's rear area. Yogurtland will have fruit cutting to make toppings for its products.
To comply with Resolution 3055, Marukai has eliminated its proposed kitchen from the planning of the new store. However, it will still have cutting and packaging in its fish and meat departments.
Concerned about the refuse of the fish and meat products, the planning commission voted 2 to 1 to deny Marukai's application at its Dec. 11 meeting. The planning commission also refused to define "food preparation" in the resolution.
Residents near the rear area of the shopping center were happy with the commission's decisions. More than 10 of them spoke at the Jan. 8 council meeting, urging councilmembers to uphold the denial of the application and to keep to the original version of Resolution 3055.
"Our quality of life must not be superceded," said resident Arthur Federico.
Resident Stacie Callas raised her concerns about odors from food waste and how the problem could cause the property values of the neighborhood depreciate.
"I miss Longs Drugs every day," said resident Kali Richards, who complained about Marketplace's food services bringing rats to her garden.
Sandra Spivak, another resident, also made a complaint about rats and urged the council not to allow more food services at Marketplace, which she believes will make the problem worse.
Resident Boris Abramzon presented photos he had taken of overflowing Dumpsters at Marketplace to the council.
Scott Stauffer, immediate past president of the Cupertino Chamber of Commerce, spoke in favor of the project at the Jan. 8 meeting. He asked the council not to let some neighbors' concerns stop a business opportunity that can benefit all 55,000 residents of Cupertino.
Kenny Enomoto, representing Marukai, read a letter from the mayor of Gardena, where Marukai has run its first U.S. store since 1982. The letter stated there have been no complaints about the store's environmental impact on the neighborhood.
The Marketplace discussion took more than two hours.
Following the council's actions, residents lingered outside the chambers to express their frustration to one another.
"The sealed trash compactors won't solve the problem, " said resident Keith Murphy. "When the garbage truck comes, there will still be odors. There are no sealed trucks."