Reso 4410 41-U-83 (Revised)
CITY OF GUPFI2TIl�T0
10300 'Ibrre Avenue
� G�pertino, California 95014
R'F.9�ITi'IQd l�A. 4410
OF 'IHE PLANNING O�SSION OF ZHE CITY OF GUPII�2'I'Il10
R�C7QNIl�IDING A�'PR(�VAL OF USE PE�IIT REVISION 'PO AI�AW
AN 875 SQL�,RE F�OOrI' OUI'DOOR PLAY YARD AND OUIfl00R
SEATING FC�R AN EXISTING RESTAURAI�i'.
SF7GTION I • FIl�iDIlJGS
Wf�REAS, the Planning Ccernnission of the City of Cupertino rec�eived an
application for a Use Pexmit, as described on Page 2 of this Re�solution;
arid
W�F'.,AS, the ap�licant has met the burden of proof required to support
said application; and
Wf�RE'AS, the Planning Commission firids that the application meets the
following requirements:
a) That the use or u.ses are in oonformanoe with the General Plan of
the City of Cupertino, and are not detrimental to existing uses
or to u_ses 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
' a000a�m�date the proposed use.
c) That the proposed use will not generate a level of traffic over
and above that of the capacity of the existirig street system.
, d) That the proposed use will not generate parking demand over and
above that of the parking supply available.
e) That the proposed use is otherwi.se nat detrimental to the health,
safety, peace, morals and general welfare of persons residing or
` working in the neic�borhood of such pra��osed uses, nor injurious
� to property and improveme.nts in the neighborhood.
NOW, ��ORE, BE IT RF50LUID:
That after careful consideration of maps, facts, e�ibits, testimony arid
other evidence suY�nitted in this matter, the application for Use Permit is
, hereby reconnnended for appraval, subject to the conditions which are
, entn�erated in this Re��olution beginning on Page 2 thereof; and
�, That the subconclusions upon which the f irrlirigs and cor�ditions specif ied
� in this Resolution are based aryd contained in the Public Hearing record
con�rnir�g Application 4-U-83 (Revised) as set forth in the Minutes of the
( planning Carnnission Nleeting of June 22, 1992, and are incorporated by
reference as though fully set forth herein.
Resolution No. 4410 41-U-83 (Revised) July 6, 1992
Page -2-
' SF]CI'ION II: PRO�7FX.T DF�Q2IPI'ION
Application No(s): 41-U-83 (Revised), 4-EA-92
i Applicant: WaYne Johnson
property Owner: Mc Donald's Corporation
Loaation: 10990 N. Stelling Road
S�CI'ION III: CJONDITIONS A�TISTF�2ID BY � PUBLIC WORKS DEPARII�3�T
l. C[JRB AND GUl'I'II2
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Curbs ar�d gutters, sidewalks and related structures shall be installed in
accordance with grades and standards as specified by the City �gineer in
� his memorarrhnn dated April 6, 1992.
2. DRAINAGE
Drainage shall be prwided to the satisfaction of the City �gine�x.
S�rface flvw across public sidewalks may be allowed in the R-1, R-2 and R-3
zones unless storm drain facilities are deemed nece.ssary by the City
�gineer. Develop9ment in all other zonirig districts shall be served by on
site storm drainage facilities connect.ed to the City storm drainage
system. If City storm drains are nat available, drainage facilities shall
be installed to the satisfaction of the City IIzgineer.
3 . AGR�1`I'
� The o'ect developer shall enter into a im�ro�vement agreemeazt with the
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City of Cupertino providing for payment of fees, including but not limited
to checking and inspec,-tion fees, storm drain fees, park dedication fees and
i fees for undergrwnding of utilities. Said agreem�ent shall be �ecuted
` prior to issuance of construction per�mits.
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CITY ENGINF,II2' S CF�I'IFICATE OF
ACCEPTANCE OF IIJGIlVE�2ING/SURVEYING C70NDITIONS
� (Sec.�tion 66474.10 CA Gav't. Code)
� I hereby oertify that the engineering and surveying conditions specified in
Section III of this Resolution conform to generally aocepted engineering
► practices.
Js� Bert viskavich
Bert Viskavich
i Director of Public Works
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SE]CI'ION IV: OONDITIONS ADNIINISI'II2ID BY THE C7C�NIl�7NITY DEVELAPN�FI' DF,PAKIN�]'r
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i 4. APPI�VID EXEIIBITS
( The recoarnnendation of approval is based on �ibits titled Mc Donald's
Corporation: Playland Addition, Plan Set, 6 sheets dated June 18, 1992,
except as may be ame.nded by the Conditions oontained in this Resolution.
Resolution No. 4410 41-U-83 (Revised) July 6,
1992
Page -3-
5. N�DIFICATION OF APPRaVID DEVELI�PN�Fr PIAN
In the event that the applicant or subsequexYt praperty owner shall desire
to make arry minor changes, alterations or am�t of the ap�raved
devel�.nt plan, a written request or revised dev+elo�anent plan shall be
suk�mitted to the Director of Planning ar�d Devela�snent. If the Director
makes a finding that the changes are minor ar�d do not result in a material
affect upon the ap�earance or function of the project, said changes may be
certified on the revised plan. If appraval of said changes is withheld,
the applicant may appeal to the Plannirig Ccernnission.
If the Direc.�tor finds that the requested changes are material, such changes
shall be referred to the Planning Ccarnnission far appraval. If the chaiiges
are denied by the Planning Coarnnission, the ap�plicant may appe.al to the City
Cotuicil as provided in City Ordinance No. 652.
If said changes are approved by the Planning Co�unission, an appeal may be
made to the City Council by any interested party. Ftiirther, any Member of
the City Council may request a hearing before the City Council regarding
said approved changes. Said request shall be made within ten (10) days
frcan the date of approval of said changes by the Planning Coarnnission.
6. PRE�TIOUS QONDITIONS OF A�PROVAL
Al1 cor�ditions of appraval for use permit File No. 41-U-83 remain in effect
( except as may be am�nded by the Conditions oontained in this Re��olution.
7. SEAT'Il�TG
� A maxirrnun of 110 seats, including autdoor sets, is approved by this use
permit revision.
8. PLAY YARD DFSIGN
'Ihe open fenoe design is appraved as shown on the plan set. The overall
� height, oolors and signage are subject to further Architectural and Site
Approval Co�rnmittee review with specific direction to reduce the visual
� obtnLSiveness of the play equipanent and prohibit additional signage.
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Resolution No. 4410 41-U-83 (Revised) July 6, 1992
Page -4-
PASSID AND ADOP'I� this 22r�d day of Jw1e, 1992, at a Regular Meeting of the
Planning Ccarnmission of the City of Cupertino, State of California, by the
follawing roll call vat:e:
AYES: OC�NIl�IISSIONIIZS: Austin, Mackenzie, Mahoney, Mann & Chairman Fazekas
NOES : OC�Il�IISSIONII3.S :
ABSTAIl�T: O�Il�IISSIONg2S :
A B S F 1 � T: O� Il� II S S I O N II� S:
ATTF.ST: APPI�JVID
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xober caaan Daryl Faz , c�riman
Director of Cca�m�unity Develapment Cupertino Planning Comnission
peresos/rev41U83
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