Reso 4468 3-U-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4468
OF 'TI� PLANNING CONIlVIISSION OF TI� CITY OF CUPERTINO
APPROVING A USE PERMIT FOR A 92 SEAT RESTAURANT
IN AN EXISTING BUII.,DING
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as
described on Page 1 of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the use or uses 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 accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing
street system.
d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of
persons residing or working in the neighborhood of such proposed uses, nor injurious to property and
improvements in the neighborhood.
NOW, TF-�EREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the
application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in
this Resolution beginning 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 Hearing record concerning Application 3-U-93 as set forth in the Minutes of the Planning
Commission Meeting of August 9, 1993, and are incorporated by reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application: 3-U-93
Applicant: Jabar Singh
Property Owner: Richard Messina
Location: 20803 Stevens Creek Boulevard
Resolution No. 4468 (3-U-93) August 9, 1993
Page -2-
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SECTION III: CONDITIONS ADMINISTERED BY 'TI� COMMUNIT'Y DEVELOPMENT DEPARTMENT
1. APPROVED EXI-IIBITS
The recommendation of approval is based on Sheet #1 dated June 27, 1993, titled "Renovate (E) Restaurant
No. Exterior Changes for Mr./Mrs. J.J. Singh", except as may be amended by the Conditions contained in this
Resolution.
� 2. PROPERTY USE CONSTRAINTS
i
The subject use permit authorizes the operation of a full service restaurant with a maximum of 92 seats. A
! separate bar facility is not authorized by this permit. Hours of operation are limited to 7:00 a.m. to 11:00 p.m.
daily.
L 3. TERM OF THE PERMIT
� The subject use permit shall become null and void and of no effect five years after adoption, that is this use
permit expires on August 9, 1998. All regulations provided in Chapter 19.29 of the Municipal Code remain in
' effect.
4. HANDICAPPED PARKING
The applicant shall restripe the parking lot as needed to provide one regulation-sized handicapped parking
stall.
� 5. PRECISE LANDSCAPE REVIEW
( The applicant shall prepare a detailed landscape and irrigation plan and obtain ASAC approval prior to
( building permit issuance. The plan shall show the removal of the redwood tree adjacent to Saich Way and its
1 replacement with a 15 gallon size tree. This use permit authorizes the removal of the Giant Sequoia. Intent to
f refurbish landscape/irrigation in conformance with Xeriscape Ordinance.
( 6. ROOFTOP EQUIPMENT
I
' All new and existing rooftop equipment shall be fully screened from street view by the equipment screen.
7. RODENT CONTROL
` The applicant shall retain the services of a licensed pest control company to complete a pest control plan prior
to start of construction improvements. Said plan will be approved by the County Health Department.
� _________________________________________________________________________________
' PASSED AND ADOPTED this 9th day of August, 1993, 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: Bautista, Doyle and Vice Chairman Mahoney
` NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Roberts and Chairwoman Austin
ATTEST: APPROVED: ' �
,� � � ���
F ��1�
�
Robert S. Cowan O in Mahoney, Vice C�
Director of Community Development Cupertino Planning Co mission