Reso 4470 5-U-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4470
OF TI-�E PLANNING COMMISSION OF 'TI� CITY OF CUPERTINO
APPROVING A USE PERMIT FOR A 656 SQ. FT. ADDITION INCLUDING
AN EXPANSION TO TF-� KITCHEN, BATHROOMS AND ENTRY
� 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 traff'ic 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, THEREFORE, 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 5-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
Applicant No(s): 5-U-93
Applicant: Brinker Int'1. dba Chili's
Property Owner: Robert Erving
� Location: 20060 Stevens Creek Blvd.
Resolution No. 4470 (5-U-93) August 9, 1993
Page -2-
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I SECTION IIL CONDITIONS ADMINISTERED BY TI� COMNIUNITY DEVELOPMENT DEPARTMENT
� 1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits SD1, 2, 3, 4, except as may be amended by the
Conditions contained in this Resolution.
2. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 656 sq. ft. of the 50,000 sq. ft. commercial development priorities
allocation for revitalization of commercial centers.
I 3. LAND USE
The hours of operation are from 7:00 a.m. to 11:00 p.m., except Friday, Saturday until 12:00 p.m. The total
( seating not exceed 204 dining chairs, 50 bar seat chairs and 18 total employees.
I 4. STREET IMPROVEMENT DEFERMENT
►
According to Planning Commission Resolution No. 2786_ special streetscape improvements are deferred. A
deed restriction shall be recorded on the property that the applicant is proposing 12% improvements above the
existing square footage and that when an additional 13% are proposed, then the applicant shall work with the
Public Works Department to assure that the transition on the sidewalk between the applicant's business and the
proposed business to the east is adequate for handicap accessibility.
i
5. INGRESS/EGRESS
� The applicant shall record a final ingress/egress easement between this property and the property to the east.
i The details regarding the allowed elevation for the transition between the properties shall be approved by the
I Public Works Department. The alignment of these two driveways shall be consistent with the approved plan
� of the property owners to the east.
I
I 6. COUNTY HEALTH DEPARTMENT
� The applicant shall provide confirmation of County Health Department approval prior to issuance of a
� building permit.
7. HANDICAP
I The applicant shall comply with interior and exterior handicap requirements as required by the Building
� Department.
� 8. EXTERIOR SPEAKERS
� No exterior megaphone or microphone are allowed.
( 9. ROOF MOUNTED EQUIPMENT
Roof mounted equipment shall not be visible from adjoining properties and shall be as shown on the proposed
plan. Plan Sheet SD3, Rear Elevation, SD3.05 shall be reduced in height to a maximum of 30" above the
wall/roof intersection. Architectural details shall be finalized by staff.
10. LOS ALTOS GARBAGE
The applicants shall provide clearance from Los Altos Garbage that the increase of seats will be accompanied
by an increase in service day pick-ups for garbage to assure adequate servicing to the site.
Resolution No. 4470 (5-U-93) August 9, 1993
Page -3-
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11. SIGNAGE
All signage shall be in conformance with the Sign Ordinance prior to occupancy.
12. LANDSCAPING
All existing trees must be protected as outlined in Chapter 14.18 of the Cupertino Municipal Code. No trees
are approved for removal. All new trees shall be greater than 15 gallon size. Final landscape plans shall be
submitted with a landscape architect's certificate of conformance with xeriscape guidelines prior to building
permit issuance.
13. REMOVAL OF CONSTRUCTION
The existing covered area identified on SD 1.04 on the northeast portion of the building shall be removed. No
building permit exists for this structure; it is not included in this application and shall be removed within 180
days of use permit approval.
14. SIDEWALK TREATMENT
The new sidewalk brick/concrete treatment shall be extended along the entire front elevation.
15. METAL FLASHING
All metal flashing shall be painted in nonreflective color.
16. CONDITION LIGHTING
The mechanical detail of the light fixture shall be approved by staff prior to installation. The light intensiry
shall be consistent with the SD 1.01 lighting contours as submitted by the applicant.
17. SANITARY DISTRICT
The applicant shall comply with this Cupertino Sanitary District's letter of July 15, 1993 which required
additional commercial density fees, as well as any other conditions required by the District, prior to issuance of
building permits.
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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:
AYES: CONIlVIISSIONERS: Bautista, Doyle and Vice Chairman Mahoney
NOES: CONIlvIISSIONERS: None
ABSTAIN: CONIMISSIONERS: None
ABSENT: CONIMISSIONERS: Roberts and Chairwoman Austin
ATTEST: APPROVE :
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Robert S. Cowan Orrin Mahoney, Vice C airman
Director of Community Development Cupertino Planning C mmission
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