Reso 4317 27-U-90
I C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RESOI�JI'ION NO. 4317
OF 'IHE PLANNING C�M�IISSSION OF 'IHE CITY OF GUPII�TIlJO
APPRd�TIlJG A USE PF�T TO OPg2ATE A PAC[�GE
LIQLTOR AND GROCF�2Y RETAIL STORE
SF7CTION I• FINDINGS
Wf�2FAS, the Planning Ccatnnission of the City of Cupertino reoeived an
application for a Use Permit, as described on Page 2 of this Re.solution;
aryd
Wf�E'AS, the applicant has met the burden of proof required to support
said application.; and
WI-�E2F,AS, the Planning Corrnnission finds that the application meets the
follvwing requireinents:
a) That the use or uses are in oonformance with the General Plan of
the City of C�.ipertino, and are not detrimexital to existing use.s
or to uses specifically permitted in the zone in which the
praposed use is to be located.
b) That the property involved is adequate in size and shape to
ac�co�rnnodate the propose� use.
c) That the proposed use will not ger�rate 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 use.s, nor injurious
to property and improvements in the neigtil�rhood.
NOW, ��ORE, BE IT RF�SOLUID:
'Ihat aftex careful oonsideration of maps, facts, exhibits, testimony and
other evidence suk�itted in this matter, the application for Use Permit is
hereby recarrunerxled for approval, subject to the c�onditions which are
enwnerated in this Resolution beginning on Page 2 thereof; and
'Ihat the subconclusions upon which the firydings and conditions specified
in this Re�solution are based and contained in the Public Hearing reoord
concerning Application 27 U-90 as set forth in the Minutes of the Plannirig
Ccarnnission Nieeting of January 14, 1991, and are irx�orporated by reference
as tho�i fully set forth herein.
Resolution No. 4317 (27 U-90) January 14, 1991
Page -2-
SDCTION II • PR0.7FX.T D�SCRIFI'ION
Ap�lication No: 27-U-90
Ap�licant: Sawako Brister
Property Owner: Casc;o Manaaement
I,ocation: Bollinger Plaza. On Bollinger,
west of De Anza Bvulevard
SDCI'ION III: UONDITIONS ADN�iISTF�2ID BY 'IHE CONIl�lUNITY DE'VEL(JPN�]'I' DEPT.
l. AP'PR�JVID EXEIIBI'I'S
The reooatm�er�dation of approval is based on �hibits A& B, dated January
14, 1991, exoept as may be amended by the Conditions contained in this
Resolution.
2. FVI'CTRE IlJGRESS/DGRFSS EASIIKIIaI'S
The property owner shall oo�lete an agreement for reciprocal
ingress/egress with vwners of adjoining properties. The agreement shall
be in�lemented at such t�me as the adjoining property vwner(s) is
obligated by the City of Cupertino to participate in a similar agreement.
3. PARKING
The minim�m on-site parking shall be 75 spaces. If the City of Cup�stino
determines in the future that the on-site parking is not adequate, a
public hearing may be initiated and the property vwner may be required to
a000mplish alternative solutions to said parking problem.
4. LANDSCAPE RE'�TIEW
f 'The property vwner shall go before the Architectural and Site Approval
Cca�miittee for review and approval of a final Iandsc.ape Plan for
rejuvenation of the on-site lanc�scaping. The material type shall be in
oonformance with the City of Clipertino Xeriscape guidelines. The ASAC
review shall be coat�pleted within 6 months of kuilding oocupation by
applicant & installation of approved landscaping/irrigation within one
year of oocupation.
5. PRIOR C70NDITIONS OF A�PROVAL
All prior conditions of Use Permit 9 U 89 & 1-U-89 shall be c�leted to
staffs' satisfaction prior to the granting of the applicants liquor
license.
6. �K)UR.S OF OPg2P,TION
The hours of operation shall be in conformanoe with the General Ccannnercial
Ordinance, with evening closing time not later than 11:00 PM any day.
Resolution No. 4317 (27-U-90) January 14, 1991
Page -3-
I
7. USE I�'I'ATION
'The subject Use Fermit authorizes sale of package liquor and prepackaged
food. No "made-to-order" or on-site preparation of food is allawed. No
seating is ap�raved for this use.
8. SIQ�GE
On-site signage shall be in conform�ioe with the appraved Architectural
arxl Site appraved sign program for the Center. A Building Permit must be
obrtained by the Building Departm�nt prior to installation of said sign.
9. N�,SC)1�2Y WALL
'The graperty vwt�r shall repair the masonry wall along the east praperty
line. The Building Division should be oontacted to determine if a Building
Permit is required.
PASSID AND ADOPTID this 14th day of January, 1991 at a rec�ular meeting of
the Architectural ar�d Site Approval Ccernnittee of the City of Gtiipestino,
State of California, by the follawing roll call vote:
AYES: N��E�ZS: Fazekas, Mann, Mackenzie, C�airman Claudy
NOES: r�ERS: None
ABSrAIl�1: r�IIZS: None
ABSII�T: N��II2S: Adams
SiJBMITTID: APPROVID:
�
� �� , �
��
Robert Cowan � Claudy,
Director of Carnrnxnity Developme�zt ino Pl Cca�amission
brister/peresos