Reso 4280 5-U-90
C I T Y O F C U P E R T I N O
10300 �orre Avenue
G'�zpeY California 95014
RFSOLIJI'ION NO. 4280
OF THE PLANNING OOrM�SSION OF Tf� CITY OF CUPE�I'INO
R�OCINIl�TpING T�iAT � CITY (70i�ICIL APPRpVE A USE PF�RN�T
F�OR A 2, 000 S. F. FR�I'ANDING TAI�OUr RFSTAURANT
SE�C,TION I • FINDINGS
WHg2E'AS, the Planning C�nnission of the City of C1zp�stino received an
application for a Use Permit, as de.scribed on Page 2 of this R�e_solution;
arxl
WfiEftE;A.S, the applicant has met the burden of proof required to support
said application; and
Wf�2F,AS, the Planning ` Carnnission finds that the application meets the
follawing requirements:
a) 'Ihat the use or use.s are in conformance with the General Plan of the
City of Cupertino, and are not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is
to be located.
b) That the property involved is adequate in size and shape to
ac�nnnodate the proposed use .
c) That the proposed use will not generate a level of traffic over and
above that of the capacity of the existi.ng street system.
d) That the proposed use is otherwise not detrimental to the health,
safety, peace, morals arid general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, Z��ORE, BE IT RF.SOLUID:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence suhii.itted in this matter, the application for Use Permit is
hereby recc�rnnerided for approval, subject to the conditions which are
entunerated in this Resolution beginnirig on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearixig record
concPxning Application 5-U-90 as set forth in the Minutes of the Planning
CoYtnnission Meeting of August 13, 1990, and are incorporated by refere,�zce
as though fully set forth herein.
Resolution No. 4280 (5-U-90) 08/13/90
Page -2-
SrJCTION II • PRQ7DCT DESQ2IPTION
Application No(s): 5-U-90 and 4-EA-90
Applicant: Tac�o Bell Cbrporation
Property owner: Matt and c�ris LaMonico
L�ocation: Northeast corn�r of De Anza Blvd and Bollinger Rd
USE PEE�NIIT to construct and operate a 2,000 s.f. freestanding takeout
restaurant.
SDCI'ION III: CONDITIONS AI.�NISI�2ID BY 'I� PUBILIC WORKS DEPAFZINIII�'I
l. STREEr WIDE�TIlIG
Street widening, i�ravements and dedications shall be provided in
aocordance with City Standards and specifications and as required by
the City F�zgineer.
2. CI.IRB AND GUITE�t Il�ROVII+�VTS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. STRE�T LIC�iTING INSTALLATION
Street lighting shall be installed and shall be as appraved by the
City F�zgineer. Lighting fixtures shall be positioned so as to
preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted
by the zone in which the site is located.
4. FIRE SAFEI'Y
Developer shall co��ply with all fire safety requirements specified by
the City in consultation with the Central Fire District.
5. SI'RE�r ZREES
Street trees shall be planted within the Public Right of Way and shall
be of a type approved by the City in accordance with Ordinance 125.
6. GR��DING
Grading shall be as approved and required by the City IIzgineer in
ac�oordance with Ordinance 125. First floor finished floor elevation
shall not exceed 24 iriches above the highest top of curb elevation on
the adjoining De Anza Blvd. frontage, unless the need for greater
elevation is demonstrated to the City F�'ngineex for purposes of
achieving proper site drainage or resolving other technical
constsaints.
Resolution No. 4280 (5-U-90) 08/13/90
Page -3-
7. DRA�GE
IIrainage shall be provided to the satisfaction of the City F�igineer.
8. iJNDF�2GROUND VI'ILIfiIES
The developer shall comply with the requirements of the Underground
Utilities Ordinance No. 331 and other related Ordinances and
rec�lations of the City of C�.ipErtino, and s�hall coordinate with
affected utility providers for installation of underground utility
devices. The developer shall sulsnit detailed plans shc7wing utility
underground pro�visions. Said plans shall be subject to prior approval
of the affected Utility provider and the City IIzgineer.
9 . AGREII�]T
The proj ect developer shall enter into an in�rweinexit agreement with
the City of Cupertino providirig for payment of fees, including but not
limited to checki.ng and inspec�tion fees, storm drain fees, park
dedication fees and fee�s for undergrounding of utilities. Said
agr�nt shall be executed prior to issuance of construction permits.
10. TRANSFORNIERS
Electrical transformers, telephone vaults and similar above ground
equipoment enclosures shall be screened with land�scaping or located
unde.rground such that said equi�ane.nt is not vi.sible frcan public street
areas.
11. 2�2ArTSIT TIJRNOUI'
5heet A-lA shall be modified to include a transit bus turnout and
shelter pad on the So. De Anza Blvd. frontage, acoorditzg to
specifications approved by the City �gineer.
gE]GTION IV: �NDITIONS ADN�TISI�2ID BY THE OC�N.�2[JNITY DEVELAPN�]`I' DEPT.
12. APPROVID �IIBI'1'S
The reo�ndation of approval is based on sheets A-lA, Ir1, Ir2,
revised 06/12/90, 06-403 dated 06/12/90 of Application 5-U-90, except
as may be am,ended by the Conditions contained in this R�esolution.
13. AOOUSTICAL BARRIE�t
The developer shall record a covenant running with the laryd obligatirig
the present or future property cr�mer to install a masonry wall on the
easterly perimeter of the site at such time as the adjoinirig property
is developed for residential use. The barrier shall be configured to
attain an effective 6 foot heic�t above hic�est adjoining grade at any
point along its reach.
Resolution No. 4280 (5-U-90) 08/13/90
Page -4-
14. PARKIlIG �
The developer shall maintain a miu�iim�un parkiixJ ratio of lsp/4 seats
plus one additional space for each e�loyee on premises during the
maxim�nn e�loyment period, notwithstanding the requirement to
interconnect parking areas with adjoiniux� properties.
15. MODI�ICATION OF APPROVID DEVF�APT�Fr PLAN
In the event that the applicant or subsequent property awner shall
desire to make any minor c,�ianges, alterations or amenc�nent of the
approved development plan, a written request or revised devel��t
plan shall be su�mitted to the Director of Planning and Develo�anent.
If the Director makes a finding that the changes are minor ar�d do not
result in a material affect u�on the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said ch�x�es is withheld, the applicant may appeal to the
Plannirig Coirnnission.
If the Disector finds that the requested changes are material, such
ch�zges shall be referred to the PlaruLirig Coar¢nission for approval. If
, the changes are denied by the Planrwzg Coimnission, the applicant may
appeal to the City Council as provided in City Ord.inance No. 652.
If said changes are appraved by the Planning C�unission, an appe.al may
be made to the City Crnuzcil by any interested party • F�rtheY' � anY
Member of the City Council may request a hearirig before the City
Council regarding said apprwed changes. Said request shall be made
within ten (10 ) days fram the date of appraval of sa.id chat�ges by the
Plannirig Ccnrnnission.
� 16. USE LSNIITATIONS -- (G�L 1
The subject Use Permit authorizes construction and operation of a fast
food restaurant, as defined in Section 4.7 of City Ordinanoe 1344,
with a maxim�nn indoor seating capacity of sixty (60). Hours of
operation are limited to 7:00 AM to 11:00 PM all days.
Prohibited activities include the installation of outdoor dini.r�g
tables, whether permanent or seasonal, live entert.airnnent ar�d sale of
alcoholic beverages. - , .
17. DE�'INTTIVE DEVEIAPN�Fr PIAN �
The approved e�ibits referenced in Corxlition 12 above shall
constitute the definitive development plan for the site's Planned
Development Zoning, as required under Se�tion 4(b) of Ordinance No.
618.
Resolution No. 4280 (5-U-90) 08/13/90
Page -5-
18. PR�CISE DEVEL(JPNIII�T PLAN RE�TIEW
As part of the precise develo��ent plan required under Section IV (C)
of Ordinance No. 618, the developer shall obtain Architectural and
Site Approval C,oa�miittee approval of the ccmiprehensive plantirig and
site lighting plan, definitive buildi.ng materials and color palette,
� landscapirig and irrigation plan. The Cartunittee shall also obtain
certification frcan the project landsr,ape designer that the palette and
irrigation system ccenply with the Xeriscape program. The Cammittee's
� findings shall be returned to City Council for final approval.
19. SIGN PROGf2F1M
Sign information indicated on the approved e�ibits and Condition 12
above shall be subject to separate review and approval by the
Architectural Site and Approval Co�unittee.
' 20. NOISII��AKING DEVICES
No public address system or paging system, pawered megaphone or
similar noisema]cirig device shall be permitted outdoors at any t�m�e.
' 21. INGRESS/DGRFSS EASIIKIIaI'S
The applicant shall record an appropriate deed restriction and
! covenant running with the land subject to approval of the City
Attorney, which shall provide for future im�lementation of reciprocal
ingress/e�gress easements and shared parking with the adjoining
` northerly parcel, and for future ingress/egress easements and shared
parking with the property to the east if the City should deem such
requireme,nts desireable at the time that the easterly property
� develops. Said deed restriction shall provide for shared maintenance
responsibility for all parcels which share a co�nnon private drive or
private roadway with one or more other parcels.
� The driveway aocess to Bollinger Road and lleAnza Boulevard is limited
to right turn in and out.
22 . II�V�.IFtO1�Il�3�F!'AL SPf7CIFICATIONS
( The subject Use Permit authorizes installation of a Thermal Oxidation
co�x,istion unit at the northeast corner of the site for purposes of
coa�leting cleanup of subsurface contamination of existing soils,
aacording to the follawing principles:
1) �nissions frcan the operating device shall be within BAAQ�ID
specif ications
i 2) Said device shall be placed in a roofed enclosure, a000rding to
the specifications contained in the sound consultant's report of
� 08/06/90.
, 3) The device and its enclosure shall be removed upon completion of
the cleanup work, aryd landscaping installed, to the satisfaction
of the Director of C,�mYUnity Developmexit. The IIzclosure may not
' remain following removal of the equipmerlt inside for use as a
storage building.
Resolution No. 4280 (5-U-90) 08/13/90
Page -6-
�
Prior to installation of any pollution mitigation device(s), the
developer/property awner shall execute an agreement holding harmless
the City of Cup�stino from�► all liabilities associated with aperation
of the pollution cleanup equipam��t, and for any liability arising fro�r►
determination that that the cleanu}� effort has not bee.�z satisfactorily
ccerq�leted. The form and content of said Agr�.nt shall be subject to
City Attorney appraval prior to reoordation.
Prior to issuance of buildi.ng permits, the developer shall provide a
written report, appraved by the SCVWD and BAAQ�ID describing an
alternative cleanup strategy to be implemented in the event that the
Thermal Oxidation method de��ribed herein proves unsuocessful.
a3. smEw�xf�srr s�� �sn�rris
Prior to issuance of building permits, the developer shall reoord
appropriate easements to acov�nnodate placement of a public sidewalk �
and a transit shelter on private lands adjoining De Anza Blvd. The
form and content of said e.asements shall be approved by the City
Attorney prior to recordation.
24 . FtE'�TIEW
The application shall be referred to the Architectural and Site
Approval Comranittee (ASAC) for review of the building architecture and I
site plan. 'Ihe objective of the architectural review is to eaxx,urage
the project sponsor to propose a hig� quality, unique building to take
advantage of the "gateway" location of the site. The building can be
shifted to the east to iricrease landscapirig on the DeAnza Boulevard 1
frontage of the site. The Architectural and Site Approval Coa�nittee
will forward its reco�unendation to City Council for final approval. I
PASSID AND ADOPTID this 13th day of August, 1990, at a Regular M�eeting of
the Planning Co�nission of the City of Cupertino, State of California, by �
the follcxaing roll call vote:
AYFS: C�OPM�SSIONIIZS: Mann and Chaisman Claudy
NOFS: QOPM�SSIONE�2S: Fazekas
ABSI'AIl�T: C�OPM�IISSIONF�S: None l
ABSIIVT: OONIlKISSIONE�2.S: Mackenzie and Adams
ATTESI': APPROVID:
/s� Robert Cowan �s/ John Claudy
Robert Cc�,ran John Claudy, C�airman
Director of C,a�mwiity Developmerit Cupertino Planning Commission
pere��os/rs5u90-3