Reso 6326 ASA-2005-12
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6326
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO OPERATE A RESTAURANT AND FAMILY
ENTERTAINMENT CENTER IN AN EXISTING SHOPPING CENTER AT 19805 STEVENS
CREEK BOULEVARD
SECTION II: PROTECT DESCRIPTION
Application No.: ASA-2005-12
i Applicant: Alice Winters (Chuck E. Cheese)
Location: 19805 Stevens Creek Blvd., APN 316-20-083
� SECTION II: FINDINGS
i WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
� 1. The proposal, 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;
2. The proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The proposal will use materials and design elements that compliment neighboring
structures;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
' submitted in this matter, the application for Architectural and Site Approval, File No. ASA-
2005-12, is hereby approved, subject to the conditions which are enumerated in this Resolution
beginning on Page 2 thereof; and
Resolution No. ASA-2005-12 September 27, 2005
Page 2
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. ASA-2005-
12 as set forth in the Minutes of the Planning Commission Meeting of September 27, 2005,
and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
' DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Chuck E Cheese's/Store
#786/19625 Stevens Creek Blvd./Cupertino, CA 95014" dated 09/21/05 and consisting of
5 sheets labeled CS. A0.0, A4.0, A9.0 and a colored elevation dated September 19, 2005,
; except as may be amended by the Conditions contained in this Resolution.
2. APPROVAL OF LAND USE
Approval is granted for a 300-seat restaurant with an associated entertainment center,
featuring up to 90 coin-operated games and rides in an existing commercial building.
3. ENTRY DOORS
Any entrance door shall be oriented toward the Stevens Creek Boulevard frontage. Doors
designated for public use on the north and west sides of the building shall be signed and
equipped for emergency exit only and be consistent with local building and fire codes.
4. BUILDING DESIGN CHANGES
The logo parapet wall and signage shall be centered on the front elevation.
5. LANDSCAPING CHANGES
The applicant shall rehabilitate the landscape strip along Portal Avenue between the rear
property line and building front, adding new landscaping where there are holes and
providing a low-profile shrub row near the top of the berm. Landscaping shall also be
incorporated along the west building elevation. The landscape plan shall be reviewed
and approved by the Community Development Director concurrent with a building
permit application
6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-
day period complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
Resolution No. ASA-2005-12 September 27, 2005
Page 3
�
7. NOISE CONTROL
Applicant shall contract with an acoustical consultant to provide a noise report evaluating
Chuck E. Cheese's exterior noise levels and interior noise levels in adjacent tenant spaces
and compare the levels to City noise standards. Typical noise levels should be measured
in an existing Chuck E. Cheese's restaurant of a construction type comparable to the
' Cupertino tenant space. Recommended noise mitigation measures shall be incorporated
into tenant improvement plans submitted to the City.
�
Applicant shall also sign the parking strip abutting and parallel to the residential property
� line, prohibiting parking between the hours of 9 p.m. and 7 a.m.
i 8. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to the
City Sign Code. Applicant may apply for a sign exception as needed.
� SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
� 9. TRASH ENCLOSURES
� The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Division of the Public Works Department prior to building permit approval.
�
10. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
� Control Board, for construction activity, which disturbs soil. BMP plans shall be
included in your grading and street improvement plans. Erosion and or sediment
�
control plan shall be provided.
PASSED AND ADOPTED this 27th day of September 2005, at a Regular Meeting of the
, Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
I
AYES: COMMISSIONERS: Chen, Giefer, Vice-Chair Miller, Saadati & Chairperson
Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST• APPROVED:
+ r '
,
�j�� `�i,�..--;/� :L ;,
Ste e Piasec i Gilbert Wong, Chairper�
Director of Community Development Planning Commission ��
G: Cupertino/Planning/PDReport/RES/ASA-2005-12