Reso 4310 C I T Y O F C U P E R T I N O
10300 �o�'e Ave.r�e
C�ertir�o, Califarnia 95014
RE50I�TrICd�T No. 4310
� OF � PLAI�Il�LING aCi�SSION OF Zi� CITY OF CUPII�Il�10
RDOCNII�iENDING A�'PROVAL OF LTSE PIIZNIIT 21�90 TO RENI�DEL AN
E�S`�IlJG 19, 800 s. f. RE,TAIL C�1'I'II2
AND � ADD 5,000 9Q. FT. OF OFFICE USE •
SF�CTIOI�7 I: FIl�IDIlJGS
W�2EAS, the Planning datton�ission of the City of G'L�ertino reoeived an
appla�tion for a Use PeYmit, as described on Page 2 of this Resolution;
ar�d
WI�2EA�, the applicant has met the burclen of proof required to support
�''_` saici' �la.�tic�. ; at�d
� WI�2EA��, th�e Planning C;c�nission fir�ds that the application meets the
-:- follcywir�g r�ui�re�merits:
. a) That the use or u.ses are in c�formanoe with the C�eneral Plan of
� � th� City of C.'upertino, ar�d are nat cletrimental to existing uses
. o� to uses specifically permitted in the zone in which the
.. prcyposed use is to be located.
b) 'Il�at the prq�osed use is otherwise nat detrimental to the health,
� safety� Peac�e, morals and general woelfare of persons residing or
workir�g in the neighborhood of such propo^.�ed uses, nor injurious
to p�aperty and imp��ave�nents in the neic�borhood.
c) That the pro�osed redevelapoment of the site ar�d the
site/architectural ar�d lar�scaPing im��avements pruvides
' exceptional upgradir�g to the site to grant a floor area ratio
credit.
NC�W, Zf�ORE, BE IT RESOLUID:
That after careful oonsic�eratian of maps, facts, e�ibits, test�moriy and
other eviclenoe sul�nitted in this matter, the application far Use Permit is
hereby reoan�merxied fo� approv'al, subject to the oor�ditions which are
ernm�erated in thi.s Resolutio� beginnirx,� an Page 2 thereof ; ar�d
( That the suboo�clusions upo�z which the fir�dir�gs ar�d conditions specified
in this ResolutioaZ are based ar�d oontained in the Public Hearing reoord
ooncerning Applicatioa�► 21�90 as set farth in the MiuYUtes of the Planning
Ccarnnission Meetirg of November 13, 1990, ar�d are inoorporated by referenoe
as tho�z fully set farth herein.
Resolution No. 4310 (21�90) 11/13/90
Page -2-
II. PROJ�Cr DESCE2IP'IZO�J
Application No.(s) 21-U-90 and 36-EA-90
Applicarit Dale Meyer Associates
Property Owner F]nile Nijmeh
Loc,ation Northeast c�ornes of Stevens C7eek Blvd.
Blaney Averrue
III . QONDITIONS AI�INISI'II�ID BY Ti� PUBLIC WORKS DEPARI�I�
1. G'I7RB AND C�JIZ�2
cxirbs ar�d gutters, sidewa]ks ar�d related shall be installed
i� aooardanoe with star�dards specified by the City �gine�r.
2. STREET LIC�iTING IN�ON
Street lightirig shall be installed ar�d shall be as ap�proved by the
City �gineer. Lightit�g fixtures shall be positioned so as to
preclude glare ar�d other forn�s of visual interferei�ae to adjoining
properties, at�d shall be no hic�er than the maximti.un height ��+; tted
by the zone in which the site is located.
3. FIFtE HYDFtANr
Fire hydrants shall be located as r�quired by the City.
4. SI'RE�r TR�
Street trees shall be planted within the Public Ric�t of Way arid shall
be of a type approved by the City in a000rdanoe with Ordinanoe 125.
5. GRADING
Grading shall be as appraved ar�d requ�red by the City �gineer in
a000rclarioe with Ordinance 1134.
6. DRAIl�,GE
Drainage shall be p�wided to the satisfaction of the City E7ygineer.
7. UND�UND ITI'II1'I'IES
The develaper shall oatiply with the re' of the Undergrouryd
Utilities Ordinanoe No. 331 ar�d other related Ordinanoes ar�d
rPgulations of the City of CupeYtino, ar�d shall 000rdinate with
affect�ed utility p�widers for installation of undergrovnd utility
devic�s. The develaper shall sukmit detailed plans shcxaing utility
pravisions. Said plan� shall be subject to prior approval
of the affec.�ted Utility p�o�vider ar�d the City II�gineer. FL�ther, the
clevelc�per shall be responsible far reimburse�nerit of arYy prior
in9 ar�d repaYment thereof .
Resolution No. 4310 (21-U-90) 11/13/90
Page -3-
8 . AGE2�
� The p�oject develcypes shall enter into a in��vement agreement with
the City of Gtiipertino p�aviding for payment of fees, inclu�iir�g but not
l�mited to checking ar�d inspection fees, storm drain fees, park
dedicatio� fees ar�d fees far of utilities. Said
agree�nent shall be ex�ecuted p�iar to issuanoe of oonstruction ��;ts.
9. 'I�2ANSFnF�.S
Elec.fisical transformers, tel�phane vaults ar�d similar above �nd
equigne�zt enclosure.s shall be scre�t�ed with fencir�g ar�d lar��caping or
located � that said equipment is not visible frcan
public street areas to be determined by tY�e City F7�4ineer-
10. PIDESI'RIAN E'��SII�'I'S
P�edestrian easemexits over the sidwalk area shall be prepared by the
develcyper, app�roved by th�e City Attorrm�ey ar�d recorded againsta the
�7� P�'�'P�Y P�'ior to issuanoe of buildir�g ��; ts.
11. MASONRY �IZ
'The existing cor�rete block wall on the site's r�therly bau�dary with
residential property shall be maintained at an effective heic�t of 6
feet. Said wall shall be subject to inspec.�tion ar�d necessary repair to
ensure satisfactory noise attenuation.
IV. UONDITIONS A1�lISI�tID BY Zi� OCI� DEVELAPN�Tr DE�A�IN�
12. APPl�VID �IIBI'I'S
The reoo�ner�dation of appraval is based o� F�hibits A1 through A6,
dated Navember 6, 1990, exoept as may be a�mer�ded bY the Coi�ditions
oontained in this Itesolution.
13. N�DIFICATION OF APPRpVID DEVE[APN�Tr PZAN
in tne event tnat the applicant or subsequent prap�rtY owner shall
d�sire to make any miu�ar changes, alterations ar amexrhnent of the
apprvved develo�nent plan, a written requ�est or revised develo�enent
plan shall be suk�nitted to th+e Directo� of Planning and Dev�ela�xnent.
If th�e Direc.�to� makes a firydir�q that th�e ch��nges are minor ar�d do not
� result in a material affect upon the ap�pearanoe or function of the
Pro7ect. said chat�ges may be certified an the revised plan. If
approval of said charyges is withheld, the applicant may appF.al to the
Plannirig Ccs�nission.
If the Director firx�.s that the requested changes are material, such
changes shall be referred to the Planning �unissi� for approval. If
the changes are c�enied by the Planning C�nissian, the applicant may
ap�eal to the City Cau�cil as prwided in City Ordinanoe No. 652.
Resoluti� No. 4310 (21�90) 11/13/90
Page -4-
13. (Cont'd.)
If said char�ges are app�aved by the Plannir�g C�nissio�n, an appeal may
be made to the City Caancil by arry interested party. �larther. anY
Me�mber of the City Ca�u�cil may request a hearir�g before th�e City
Caw�cil regardir�q said ap�o�ved changes . Said request shall be made
within ten (10) days frcan the date of appraval of said changes by the
Planning Ccatunission.
14. PAF�I�iG
Zhe develaper shall provide a n�i.nim�nn of 116 parking space.s. The
�i�Pi� P�'kir�q spaoe (s) located in the 50 ft. laryd�scape setback
area adjoinis�g Stevens Creek Blvd. shall be relocated.
It is reoognized that the parkinq ratio is belvw the minirrnnn
requirement of Ordinanoe 1277, but that variation in haurs of
c�peration justifies shared use of these space.s, ar�d averflaa parking
to the adjoinir�g offive c�enter i.s provided through reciprocal rigthts
of aooess. If parkirig proble�ns, especially spillav+er parking to the
adjoining residential neighbarhood, are repoYted, the City may
ini tiate action to modify the subject use permit to reu�re the
prapertY owner to abate the P�'�! P�lem. 'Ihe City may, after
e�austing good faith efforts to resolv�e parkir�g problems, initiate an
actioai to revak,e the Use Permit ac�oardir�g to the provisions of
Ordirlanoe 652.
15. IlIGRESS/F]GFtFSS EASFT�3VT
The applicant shall reoard an a�riate deed restriction and
oovenarit runnirig with the lar�d with the ad7 oining Pr�ertY awner east
providing for reciprocal ingress/egress ease�nts to arrd frcen the
affec�ted paroels. The alt�rnative joint driveway plan in Use Permit
28�J-82 shall be referred to for the shared aooess pravisions. Said
easements shall be reooYded p�io�r to release of the occa.zpancy permit.
Said easement shall be subject to closure upon finding of the
Cca�mission, through a duly notioed public hearing, that noise or
traffic safety p�oblen�s resul.t fran joint aooe�s activity. 'Ihe cost
of closure installatio�, which may include a gate or vonstruction of a
perman�etit masonry wall, shall be borne by the prcyperty aar�er.
16. LAND9CAPIlJG
'Ihe f inal lar�dscaping plans shall ref lect mam�ding in the planter
along the Blaney Avenue frantage. The box size for the tree species
pra�osed for tl�e lar�dscape bed alor�g Blaney ar�d within the parking lot
shall be greater than 32" boa�. The lat�d��cape architec.�t shall provide
additional trees within the parking areas thra.igh use of diamorrl
pavement cut:auts.
Resolutian No. 4310 (21�J-90) 11/13/90
Page -5-
16. (f7o�it'd. )
Additio�ally plarrtiriq shall be p�ovicled alonq the south buildir�g faoe
of Buildir�g B ar�d alca�g the west kuildir�g faoe of Building A. 'Ihe
final larid.scape and irrigation plan shall be consistent with the
Xeriscape guidelines, ar�d shall be review�ed at�d ap�wed by the
Architectural and Site App�oval Cceaunittee prior to issuanoe of
building peYmits.
17. USE T,n�rrmAm�rpNg -- (GIIJ�2AL aC�N�IAL)
P�eYmitted u_ses may include all u.ses allc�wed witha�t the securiix� of a
Use P�smit in the City of CXapertino oG (Gen�eral Cc�unercial) zanir�g
district. All ather uses r�quirir�q Use P�mit review in the OG zone
shall require Use P�ermit review.
Restaurant and restaurant/laulge uses shall be limited as follvws:
"Mulligan's" spaoe: 72 seats with danoe floor for informal use (No
organized live entert.airm�ent or DJ host)
uFreesfiar�dir�gn space: 20 seats
18. FTlJOR AREA RATIO
The Planning �ion fir�ds that the develaper has satisfied the
criteria speci.fied in Policy 2-31 of the Iar�d Use Element of the
General Plan to allvw 5,000 s.f. of offioe floor spaoe beyor�d that
allc�d under the floor area ratio.
19. NOISEMP,KIl�TG DEVICFS
No public address system ar' paging sYste�c►, Powered megaPhone ar
si�ailar noisemaking device shall be permitted outdoors at ariy time.
20. DErAC�� STRLJGZ[7RF5
The archite�-t shall p�avide a detail of the trash enclosure, lvw wall
aro�,uxl the patio area along Stevens Creek Baulevard ar�d trellis in
front of Building C. 'I�e patio area shall be stuoco material with tile
details to match the praposed builduigs. 'Ihe approval of the materials
for these structures shall be gaverned by the Archit.ectural ar�d Site
Approval C7o��nittee.
21. PATIO AREA
The use of the patio area is primarily as an informal gathering area
for patrons of the restaurant. Seasonal onztdoor seatir�g is allowed
in a000rdarioe with Resolutio� 1807 of the Plannir�g Ocerunission.
22.
The north elevatioai of Building B shall be revised to create a
downw�rd slope to the roof line to meet th�e existir�g roof heic�t
limit. 'Ihe arc,hitec�t shall revise the building elevations far�
Building C to areate further arc�iitectural interest. The revised
plans shall be subject to final app�w�al by the Arc�iit�al ar�d Site
Ap�aval CcenQnittee.
Resolutian No. 4310 (21�90) 11/13/90
Page -6-
23. LIC�TIlaG
All oa1-site lic�tir�q shall be reviewed ar�d ap�arov+ed by the
Architectural ar�d Site Ap�w�l �mittee. 'II�e light st�rds,
heic�t, star�rd oolo�, lw�ain�aire, la� ani p�iotametric data shall be
prwicled far� review and ap�moNal.
PASSID AND ADOPTID this 13th day of Navember, 1990 at a Regular M�eetir�g of
the Planning t�unission of the City of Wpertino by the follvwirig roll
call vate:
AYFS: oCi�IISSI�TF�S: Mann, Fazekas, Chr. Claudy
NOFS: OCi�M�IISSI�iII2S: Mackenzie, Ad�ams
A&STAIl�T: aCi�Il�IISSI0�TII2S: Nane
ABSII�TI': aCi�M�IISSI�JERS: None
AZ'I'E�r: APPR(3VID:
f s/ �tobert cowan �s� John Claudy
Robert Cv�ran Jcahn Claudy, Criairman
Director of Ca�ana.uzity Devel� Cu�stino Plannirx� C�nnission
21-u-90/peresos