Reso 4248 3-U-90
C I T Y O F C U P E R T I N O
10300 'Ibrre Avenue
- CUpertino, California 95014
RF�OLZTrION No. 4248
OF Tf-� PLAIaTING OCY�'�IISSION OF 'II-�E C'ITY OF CUPII�TIl10
REX.�IDING APP'ROVAL OF A USE PF�T 'I�0 OONVII7I' � F�0�2
BARCZAY' S BANK SITE 'I�0 A DINE-IN RES`I'AURANr
SECTION I: FINDINGS
WHg2FAS, the Plannirig C.c�umission of the City of C1�xtino reoeived an
application for a Use P�exmit, as described on Page 2 of this Re..solution;
arr3
WI�RF.AS, the applicant has met the burden of proof required to st�port
said application; and
Wf�2F.AS, the Planning Cca�unission firx�s that the application meets the
� follawing requirements:
a) That the use or u.ses are in conformanoe with the General Plan of
the City of G�pestino, ar�d ax�e nat detrimetital to existing uses
or to use� specifically permitted in the zone in which the
prono6ed use is to be located.
b) That the property irivolved is adequate in si2e and shape to
aoocetumdate the propoe�d use.
c) �at the pra�osed use will nat generate a level of traffic over
and above that of the capacity of the existing street system.
d) 'IY�at the propo��ed use is atheYwise not detrimental to the health,
safety, peaoe, morals and general welfare of persons residirig or
working in the nei�rhood of such prc��ed uses, nor injurious
to property and imprave�nents in the neighvorhood.
NC7W, 'IHg2F.��RE, BE IT RE50LUID:
That after careful oonsideration of maps, facts, e�ibits, testiimny ar�d
other evidenoe sukmitted in this matter, the application for Use Permit is
hereby r��ded far approval, subject to the oonditions which are
enwnerated in this Resolution beginnir�g on Page 2 thereof; ar�d
That the subconclusions �on which the f; �; � ar�d coryditions specif ied
in this Resolution are based ar�d contairied in the Public Hearir�g reoord
conc�rnirig Application 3-U-90 as set forth in the Minutes of the Plannir�g
Cca�unission Meeting of March 12, 1990, ar�d are inoorporated by refere..rx:e as
though fully set forth herein.
Resolution No. 4248 (3�J-90) 03/12/90
Page -2-
II. PRQTF]LT DF�CRIFI'�ON
Applicatiori No. (s) 3-�90 ar�d 2-FA-90
Applicvzt C�ro�uton's. Inc.
�rq�er'tY Owner William Antanioli TnLSt,ee (Barclay's)
I�ocatiori 10100 So. DeAnza Blvd.
SD�I'ION III. OONDITIONS ACNII�TIS�2ID BY TI� PUBI�IC WU�S D�A�r
1. SIR�T WIDENIl�TG
Street ric�t-of�way avquisition, widening, i,n���vements ard dedications
shall be provided in avoardanoe with City Star�da.,�s ar�d specifications
and as required by the City �gineer a�l paid by t draperty vwner.
2. CLJRB AND GfTI'I'E�2
C,lirbs and gutters, sidewalks and related structures shall be installed
in a000�c]ance with grades ar�d standards as specified by the City
Et�gineer and paid by the praperty aar�r. The existir�g monolithic
sidewalk along the parkir�g lat fror�tage shall be replaced with parkway
sidewalk, with suitable transitions prwided to the adjoining
monolithic walk in front of the buildirig.
3. SrI'REEr LIQ-IrING INSrAL�I.ATION
Street lighting shall be installed arri shall be as approved by the City
�gineer. Lighting fixtures s�t�all be positioned so as to preclude
glare ar�d other for�s of visual interference to adjoi n; r,c� properties,
and shall be no hic�er than the maxi�un height permitted by the zone in
which the site is located.
4. FIRE HYL)RAI�I'
Fire hydrants shall be located as required by the City.
5. TRAF�'IC SIGNS
Traffic oontrol signs shall be plaoed at locations specified by the
City.
6. GRADING
Grading shall be as appraved and rec�uired by the City II�gineer in -
acoordance with Ordinanoe 125.
7. DRA.Il�IGE
Drainage shall be pravided to the satisfaction of the City Y�girieer.
Re�solution No. 4248 (3-U-90) 03/12/90
Page -3-
� 8. UND�LaND UI'II�TIES
The develo�per shall oc�q�ly with the of the Lhxiergrour�d
Utilities Ordinanoe No. 331 ar�d atl�er related Ordinar�oe.s ar�d regulations of
th,e City of �ertino, ar�d s�l�all 000�dinate with affec.�tsci utility prwiders
for installatian of utility devioes. �,e develop�r shall
sukmit detailed plans showir�g utility p�ovisions. Said plans
shall be subject to prior approval of the affect,ed Utility p�rovider a�r�d the
City �gineer.
9 AGR�P
�e project develaper shall enter into a ci�vel�t agreement with the
City of C:upertino providiryg for payment of fees, includir�g but not limited
to ch�eckir�g ar�d inspec.-tion fees, sto�n drain fees, park dsdication fees ar�d
fees for und of utilities. Said agreement shall be executed
prior to iSSUar�oe of construction permits .
10. TRANSFOFd�2S
Electrical transformers, telephor� vaults am� similar above ground
equip�n�nt enclosures shall be scree.ned with fenciryg ar�d l�,aping or
located w�dergrour�d such that said equi�nent is not visit�le frcgn public
stxeet areas.
11. ACC�.S
Ir�gress/Dgress shall be pravided at the north arid/or south side of the
site, with no aa�.s to or fran the De Anza Blvd. frontage.
Prior to issuai�oe of buildir�g pennits, if Cali Avenwe is to be u�sed for
avoess, the develaper ma.st either d�nonstrate the pr e of Cali
Avenue as �a dedicated street, or offer same far public dedication, ar�d
i�rove a half-street plus ten feet width if Scofield Drive is to be u.sed
for aocess, or as otheswise directsd by the City �gine�s.
ZY�e developer shall increa.se 'the width of Scofield Drive to a two-way road,
. subject to City abando�rm�e.rYt of Soofield Drive right of way, ar�d securiryq of
an ease�nent fo� aooes.s aver the adjoinir�g larids of Prcmetheus. If the
develq�r is urklble to obtain a�ndorIIC�nt or easement approval, the Soofield
curb cut shall be removed and restoration lar�dscaping shall be provide
subject to staff ap�p�oval.
' �e develc�per will be responsible for reoordation of all private easements,
right�f-�way aoqui.sitions, dedications arxi i�rove�its to the satisfaction
of the Director of Public Works for both Scofield Drive ar�d Cali Avenue.
' SDCTION IV: OONDITIONS ACi�iISI'II2ID BY 'Ii� OOMMUI�TITY DEVELiOPMENI' DE�T.
12. AP'PRpVID E�IIBI'1'S
I The re�tion of approval is based on E�ibits: Site plan, site
sec,-tion, exterior elevation, ar�d lst anr3 2r�d floor plan 1/30/90, exoept as
may be amer�ded by the Condi.tions coritained in this Resolution.
Resolution No. 4248 (3-U-90) 03/12/90
Page -4-
13. NIJDIFICAZ'IC�T OF AP'P1�7VID DEVIIAPNNIFNNr pI,AN '
In the everYt that the applicant or subsequent property owner shall desire
to make arry minar c��anqes, alterations or amerr�n�t of the appn�oved
develognent plan, a written request ar� revised develo�anerit plan shall be
su}znitted to the Directar of Plaru�irg ar�d Dev�lc�xnent. If the Direct.or
makes a f indiz�g that the c�ar�ges are mino� ar�d do not result in a material
affect u�on the appearanoe ar�fur�ction of the pmoject, said changes may be
oertified on the revised plan. If approv of said charxJes is withheld,
the applicant may appeal to the Plannit�g Oc�nnission.
If the Direetor fi.tx].s that the requested c�ar�ges are material, such c�zges
shall be referreci to the Planning Da�aission far� approval. If the changes
are denied by the Plannirig Cemnission, the applicarYt may appeal to the City
�u�cil as p�avided in Citv� Ordinai�oe No. 652.
If said changes are ap�:�: __�v�ed by tt�e Plarnzirx� Ocnmission, an appeal may be
made to the City C7auici� by arYy ' party. FL�rther, arry Member of
the City Cau�cil may request a hearir�g be.far�e the City Cauicil regarding
said app�roved changes. Said request shall be made within ten (10) days
frcm the date of apprwal of said changes by the pianninq Ca�aission.
14. PARI�TG _
Parking shall be provided at a ratio of one (1) spac�e for every fo�r (4)
seats ar�d one (1) spaoe for each em�lvyee on duty at ariy shift.
15. LAND6C'APE/LIC�ING RE,'VIEW �
An informal review by the Archit�ral ar�d Site Appraval Ccernnittee prior
to issuanoe of building permits is required. A oca�rehensive oaventional
lar��cape planting plan, exterior lic�ting plan, ar�d building colors to
increase aa�atibility with the exist.irig structures east,
16. NOISF �F1�KII�TG DEVICES
No public address syste�n or paqinq system, powered meqaghone or similar
. noLSe�nakii�g devioe shall be �+�++i tted vutdoors at ariy time .
17. �1C'ROA(��3�F!' P�II'r
Zhe applicarit shall file an encroactm�nt application aryd reoeive approval
thereof for lar�d��caping ir�stallation in any public right of way prior to
release of buildir�g permits.
18. PRQTDCT IDII�fI'TFIC'ATION SIGNS
I
The sign data indicated on the approved e�ibits is not appraved. The
applicant shall sul:mit a sign program to be reviewed ar�d appraved by the
Architectural ar�d Site Appraval ocetunittee prior to issuanoe of buildirig
Permits •
Re�olution No. 4248 (3-U-90) 03/12/90
Page -5-
19. USE r,n�rrmA�r*rpN
i
�e subject use permit autharizes c�eration of a din�-in restaurant of 115
seats. Beer/wine sales shall be permitted in oonjwx.�tion with food anly.
Take-out servioe is nat autharized as a regular servioe to patrons. No
aitd�oo� seatir�g $hall be p�ovided.
20. FZRE SAFEI'Y
The develc�r shall ca�ly with requirements for exitir�g, interior
�r°'�e�ments ar�d sP�z'inklez' sYst�tns as direc.�ted by the city at th�e building
permit stage.
21. SITE ARFA
A title repart is required. Said Title Repart irnast have included a
includirig a plat paroel map shc�wirrg the t.atal acreage ar�d lot line
dim�x�sions as shown on the site plan to provide verification of site area
priar to building permit apprav If the .25 FAR cannat be met with the
prc��ased 200 s. f. addition ir�d.icated on the plan set, the building area
shall be reduced to that which was existirrg at the time the Use Permit
application was filed.
PASSID AND ADOPTID th.is 12th day of March, 1990 at a Regular Meetirig of the
Planni.rig Ca�aunission of the City of C1.�ertino by the followir�g roll call vote:
. AYFS: C�SSIONII�S: Fazekas, Mackenzie, Mann, Chairman Claudy
NOFS : aC�M�IISSIONFRS : �1d�s
ABSI'AIld : OC1N��SSIONEE2S :
ABS��VT : OC�SSIONgZS :
ATl'F�T: App�p�
I �S/ Rr�bert C�an _/s� John Claudy
��rt �� John Claudy, Cha irman
Direc,�tor of Camaunity Develc�xn�nt CUpertino Planni.ng Cce�unission
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per'esos/rso3u90
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