Reso 4328 ao-u-s6 (Ameryaed)
C I T Y O F C U P E R T I N O
10300 Torre Avenue
C'upertino, California 95014
FtFSqI�TrION NO. 4328
OF � PLANNING C�ONIl��SSION OF TI-� CITY OF CUPERTINO
RDO�IDING APPROVAL OF P.�iDN�'I' TO OONDITION 2 OF USE PII�T
20-U-86 TO INCREASE THE FTAOR AF2EA AND SEATING LINNUTS FOR
RES�I'AURAI�Fr OCCUPANCY IN THE OAKS SHOPPING CENTII2
SDCTION I• FINDINGS
WI�ZEAS, the Planning Conunission of the City of Cupextino received an
application for Use Permit amenchnent, as described on Page 2 of this
Resolution; and
Wf�'AS, the applicant has met the burden of proof required to support
said application; and
WI�2F.AS, the Plannirig Connnission finds that the application meets the
folla�wing requirements:
a) That the use or uses are in conformance with the General Plan of the
City of Cup�x�tino, 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) 'I�at the property involved is adequate in size and shape to
aoc�nodate 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 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.
NCyW, 'I'fiE�2E��ORE, BE IT RESC)LUID:
� That after careful consideration of maps, facts, e,a�hibits, testimony and
other evide.nce su�anitted in this matter, the application for Use P�rmi.t
amenc�nt is hereby rec�ed for approval, subject to the conditions
which are ernm�erated in this Resolution beginnirig on Page 2 thereof; and
'Ihat the subc.onclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing reoord
concerning Application 20-U-86 Amended as set forth in the Minutes of the
Planning Conunission Meeting of February 25, 1991, and are incorporated by
reference as though fully set forth herein.
Resolution No. 4328 (20 U-86 Amerided) 02/25/91
Page - 2 -
SDCTION II • PROJ�CI' DESC'ftTPTION
Application No(s) : 20 U-86 (Ame.nded)
Applicant: JN� Properties Co. - O��ks Shopping Center
Property Owner: Pacific Acquisitions Corp.
IACation: 21269 Stevens Creek Blvd.
SDCI'ION III. OONDITIONS ADN�IISI'ERID BY THE C�ONIl�IUNITY DEVIIAPN�FI' DEPT.
1. APPROVID EXE-IIBITS
The r�dation of approval is based on F�hibit A of Use Permit
20-U-86 (Amended), except as may be amended by the Conditions
contained herein.
2. MUDIFICATION OF RFSrAURANT RFX?UIFtII�NTS
Condition 3 of Use Permit 20-U-86, as stated in the City Clerk's
letter of 08/27/86, is hereby ame.nded to reflect a maxim�un restaurant
floor allowed on 27,000 s.f. and a maxim�m► of 880 seats.
� 3. PARI�TG
Condition 2 of Use Permit 20-U-86, as stated in the City Clerk's
lettex of 08/27/86, is hereby amended to reflect a minim�un required
parking space inventory of 558 spaces. Eighteen (18) additional
parking spaces beyond the existing inventory of 540 spaces shall be
prwided through restriping in accordance with City Standard
dimen.sions, subject to staff approval prior to installation of
additional seating beyond the 800 seat limit stated in 20 U-86.
� In the event that the developer/awner cannot ac�mmodate the required
total nwnber of parking stalls through restriping, the subject use
permit amenchnent shall be returned to the Planning Cc�nnnission for
i further review. The Co�nnission may reduce the authorized rnunber of
additional restaurant seats if a satisfactory parking solution is not
� demonstrated.
4. TRF.E PRESERVATION/RII��IATION
Based on the firidirigs of the arborists' reports of 10/22/90, 12/12/90,
01/21/91 and 02/12/91, the property owner is authorized to remove
specimen Oak trees labeled 1, 2, 3 and 4 on the diagram dated
02/25/91. Said trees shall be replaced with Oak trees in accordanoe
with a specific, written replacement plan to be provided to arrl
appraved by staff prior to installation of any new restaurant seatirig
authorized under the subject Use Permit amenc�nt.
Resolution No. 4328 (20-U-86 Amended) 02/25/91
Page - 3 -
The tree replacement doc�m�ent shall include a precise, scaled drawing
depicting the location of the replacement specimen scale tree (min. 8"
caliper, field-dug Oak in-box for one year min.), the location of
clear soil area required around the tree, the location of pervious
surface in the drip line area, and the total nwnber of existing
Pa�'kuxJ spaces removed.
The City Council may authorize delay in the timing of replac�ement if
water conservation demands of the pres�nt drought oondition would so
require.
5. IANG TF�NI TREE C�2E RD4UIl2II�VT
Within ninety (90) days of the effective date of the subject Use
Permit Amencfiient, the property owner shall obtain ASAC approval of a
oomprehensive landscape plan and inventory/remediation plan for all
existing specimen trees present on the entire site, �clusive of those
authorized by the City for removal. The re�oirnnendations of the
remedation plan shall be subject to formal review by the Architectural
and Site Approval Ca�nittee with final approval by City Council. Said
plan shall identify suitable areas for tree plac.ement where no tree.s
currently are found.
PASSID AND ADOPTID this 25th day of February, 1991, at a Regular Meeting
of the Planning Cotrnnission of the City of Cupertino, State of California,
by the follawing roll call vote:
AYFS: CnNII�SSIONE�2.S: Mahoney, Austin, Fazekas, Mann, C��r. Mackenzie
NOFS: G�OPM�SSIONERS : None
ABSrAIl�1: UONM+IISSIONII�S: None
ABSIIVT: �SSIONF�t.S: None
ATI'F�r: APPROVID:
' c �
' Robert Cawan Dona Mackenz i, irn�an
Director of Commuility Development Cupertino Plann' Corrnnission
peresos/rso2ouamd