Reso 4318 24-U-90
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RF50L�TPION NO. 4318
OF Tf� PL�AI�Il�TING �O�M�IISSION OF 'IHE CITY OF CUPER'I'IlJO
R�OONIl�IDING APPROVAL OF ADD A 540 SQ. FT. SI�ORAGE FtOC1M
AN F�S`I'ING FREE-STANDING RFSTAURANT
SF7CTION I • FIl�tDINGS
�F,AS, the Planning Corrnnission of the City of Cupertino reoeived an
application for a Use Permit, as described on Page 2 of this Resolution; and
WI�S, the applicant has met the burden of proof required to support said
application; aryd
Wf�2F',AS, the Plannirig Co�nission finds that the application meets the following
requireim�ents :
a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and are not detrimental to existing use.s or to uses
specifically permitted in the zone in which the proposed use is to be
located.
b) That the property irrvolved is adequate in size and shape to
acx�mnodate the proposed use .
c) That the praposed use will not generate a level of traffic over and
above that of the capacity of the existing street system.
' d) 'Iitiat 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 impravements in the neighborhood.
N(7W, 'I��tEE�ORE, BE IT FtF50LUID:
'IYLat after careful consideration of maps, facts, e�ibits, testim�ny and other
evidex�e suk�nitted in this matter, the application for Use Pesmit is hereby
rec�rnnended for approval, subject to the conditions which are ernnnerated in
this R,esolution be�ginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in
this Resolution are based are contained in the Public Hearing reoord concerning
Application 24-U-90 as set forth in the Minutes of the Planning Can�nission
Nleeting of January 14, 1991, and are incorporated by referexx�e as though fully
set forth herein.
Resolution No. 4318 (24-U-90) January 14, 1991
Page -2-
�
SF)GTION II • PROJDGT DESCRIPTION
( Application No(s): 24-U-90
Applicant: Yoichi Watanabe
Property Owner: Ushro Hosoho
Location: Northeast corner of Alves Drive and Bandlev
Drive
SF]LTION III. CONDITIONS ADN�iISTF�tID BY 'IHE QONIMUNI'I'Y DEVEL(JPN�Fr DF,PT.
1. APPROVID �IIBI'I'S
The reocarnner�d�ation of approval is based on Sheets 1 thraugh 4 dated
November 5, 1990 of Use Permit 24-U-90, except as may be amex�ded by
the Conditions oontained herein.
2. TRIP QONSIRAIN'I'S
Land use intensity shall be limited to an inte.nsity that will not
g�nerate more than 16 one�aay trips per acre during the p�ak traffic
haur. For the pu�poses of camplianoe with the traffic intex�sity
performance standa.rd. The follvwing acoounting of trips is hereby
incorporated into the project approval:
Zrips cr�ed.ited to p�rvject area:
Gross lot area 1.47 ac.
Assigned trips at 16 trips pPS gross acre 23.60
�ips Ges�e�rated riy the Project:
Assigned to existing restaurant under 10-U-79 12.10
Assigned to APN 326-34-68 under 10-U-79 6.20
� Total Trips u�sed under 10-U-79 18.30
Surplus trips remaining to restaurant site
(Per Cond. 17of Ping. Conmi. Reso. 1946) 5.30
Assigrzed to proposed storage building
(540 sq. ft. @ 3.5 trips/1000 sq. ft.) 1.89
��1� tr� r� i n��q 3. 41
In the event that a develop�nent does not utilize the full 16 trips
per acre allotted by the trip end perform�nce standard, the owner of
reoord shall have the ability to retain, sell or transfer trips with
other property owners within the Traffic Intensity Performanoe
Standard Area. All sales or transfers of trips shall be filed with
the Director of Planning and Development and the City Clerk. No sale
or transfer shall be considered finally constmm�ated until a Use
Permit has bee.n approved for the property to which the trips are to
be applied.
Resolution No. 4318 (24 U-90) Januaiy 14, 1991
Page -3-
The develo�per shall reoord a covenant to describe the trip acxe
constraint aryd the total nwmber of trips allocated to the particular
develc�nent at the time of develo�nent appraval. The c�ovenant shall
worded in a manner to suggest th�at future of the praperty
consult the in�dividual Use Permit file to obtain an updated status
report of the total nwnber of trips allocated to each particular
Pr�Y-
3 . PAF2I�TG
The applicant shall restripe the parking lot to obtain a total of 59
parking spaoes, of which total no more than 33� may be c�ompact. Ztao
spaoes shall be handicapped designated ar�d configured in conformance
with the most current adopted Uniform Building Code. The restriping
plan sh�all be approved by staff prior to issuance of building
permits .
4. TRA,.SH INQASCIRE
The applicant shall install a trash enclosure on the site. The
enclvsure shall be designed to integrate with the existirig building.
The location and design shall be appraved by staff prior to issuance
of building permits.
5. Sr!'RE�I'
'The applicant shall record an agreeme.nt to install required street
in�rovemeiZts at such time when the c�nrnilative floor area of
applications sulsnitted after February 1, 1986 ar�d current
ap�lications exceeds twenty-five peroent of the total floor area of
structures on the praperty. The agreeament shall be approved by the
City Attorney prior to reoordation.
!
6. USE O�TSTRAINTS
( The subject use permit authorizes installation and use of a 540 s.f.
addition to the main restaurant building for storage of good.s and
food products only. Said 540 s.f. space may not be u�sed for clining
area seating, kitchen space or other active uses without prior use
permit appraval froan the City.
PASSID AND ADOP'I� this 14th day of Januaty, 1991, at a Regular M,eeting of
the Planning Ccm�m�ission of the City of Cupertino, State of California, by
the follvwing roll call vote:
AYES: O�Il�IISSIONII2.S: Fazekas, Mann, Mackenzie, C�iairman Claudy
NOFS : �M�IISSIONERS : None
ABSTAIl�i: OC�SSIONII2.S: None
ABSIIVT: O�Il�IISSIODIII2.S: Adams
A'I'I'F.S'r: P�� �
�� ��
� % � -�
��,r-t � iJohn Claudy, Cria '
Director of Go�nunity Development Cupertino Planning Co�numission