Reso 4346 5 U-91
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RE.SOLiJI'ION No. 4346
OF 'I'HE PLANNIlJG G�OI�M'IISSION OF 'I�E CITY OF C�7PERZ'INO
R�E70�IDING APPROVAL OF A USE P�T TO
OPERP,TE A 2, 220 SQL�RE F�0C7r EATIlJG ESTI1EiT
WITH 68 SEATS
Sr7GTION I • FIlVDINGS
WHg2El�S, the Planning Co�runission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
arid
W�, the applicant has met the burden of proof required to support
said application.; and
Wf�RF.AS, the Planning Con�mission finds that the application meets the
following requirements:
a) That the use is in conformance with the General Plan of tlhe City
of G'upertino.
b) That the proposed use is in conformance with the Traffic
Intensity Performance Standard, dated May 1990.
c) That the proposed use is in conformanc� with the Stevens Creek
Conceptual Plan dated Revised November 14, 1983 with regard to
type of use and lar�d use intensity.
i
NOW, 7�ORE, BE IT RESOLUID:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence sul�nitted in this matter, the application for Use Permit is
hereby rec�mnerided for approval, subject to the conditions which are
enwnexated 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 P,pplication 5-U-91 as set forth in the Minutes of the Planning
Connnission Meeting of June 24, 1991, and are incorporated by refexence as
though fully set forth herein.
RF50LiTI'ION NO. 4346 (5-U-91) June 24, 1991
Page -2-
SFX.TION II • P�2Q7�CI' DESQZIPTION
Application No(s): 5-U-91
Applicant: Mario Landino
Property Owner: WDV Partners
Project Loc.ation: St. Joseph Center; N. side of Stevens
Creek Blvd. 400 ft. east of De Anza
Boulevard
SECTION IV: OONDITIONS AI�TISTII2ID BY Tf� C�ONII�lUI�TITY DEVELiO�FI' DEPT
l. APPROVID EXfIIBITS
The recc►nnnendation of approval is based on Site Plan, Floor Plan and
staff report dated June 24, 1991, except as may be amended by the
Conditions contained in this Resolution.
2. APPROVID USE
The subject Use Permit grants the operation of a 2,220 sq.ft. eating
establishment with a maxi�m�m of 68 seats. Any take-out food operation
shall be incidental to sales of food for cons�tion on the premises.
3. PARKIl�TG DEFICIT
This use permit authorizes a parking deficiency of eight spaces at the
center. The Planning Ca�nission resexves the right to reduce the
ntnrbex of seats on the premises should a parking shortage arise in the
future.
4. TRIP OONSTRAINI'
, Land Use intensity for this shopping center shall be limited to an
intensity that will not generate more than (16) one way trips per acre
during the peak traffic hour. For purpos�s of ensuring compliance
with the Traffic Intensity Performance Standard, the following
ac�counting of trips is hereby incorporated into the project approval:
�
TRIPS GII�TEERA�TID BY SITE: 58.70
TRIPS ALIACATID TO PRO�TECT SITE: 58.90
S'URPLUS TRIPS: .20
In the event that a developanent does not utilize the full 16 trips per
acre allocated by the trip erid performaizce standard, the awnex of
record shall have the ability to retain, sell or transfer trips with
other propexty awners within the Traffic Intensity Performance
Standard Area. All sales or transfers of trips shall be filed with
the Director of Plannirig and Development and the City Clerk. No sales
or transfer shall be considered finally consLU�anated until a Use Permit
has beexi approved for the property to whic.h the trips are to be
applied.
�SOLiJI'ION NO. 4346 (5 U-91) June 24, 1991
Page -3-
The property awner shall record a covenant to de�scribe the trip acre
constraint and the total n�r of trips allocated to the particular
development. �e covenant shall have appropriate wording to suggest
that future purchasers of the property consult the individual Use
Permit file to obtain an updated status report of the total nwnb�r of
trips allocated.
5. TREE PROT�CTION
The applicant shall provide a certified arborist report on three trees
which shall be identified by staff. The trees are (1) approximately
located in the center of the parkirig lot, (2) South of the Apple
Ccanrputer office building. The report shall analyze the existi.ng
health of the trees, proposed mitigations for their continued health
or replacement suggestions. The specific arborist shall be approved by
staff.
PASSID AND ADOPTID this 24th day of June, 1991 at a R�gular Meeting of the
Planning C�rnnission of the City of Cupertino, State of California by the
follo�wirig roll call vote:
AYFS : �O�M�IISSIONER.S :
NOFS : C�ON�'IISSIONF�2.S :
ABSTAIl�T: C�ODM'BSSIONF�2.5:
ABSII�T: C�OPM�SSIONERS:
ATI'�ST: VID:
�'-'� �� . � .
� �� �
Robext Cawan Donald MacKenzie Chairman
Director of Conurnulity Development Cupertino Plann' Co�nnission
resos/pc5 u-91