Reso 4599 2-U-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4599
OF THE PLANNING COMMISSION OF TI� CITY OF CUPERTINO
APPROVING A USE PERNIIT TO LOCATE A 6,400 SQ. FT.
RESTAURANT IN AN EXISTING BUILDING
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as
described on Page 1 of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the use is in conformance with the General Plan of the City of Cupertino, and is not detrimental to
existing uses or to uses 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 accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing
street system but would allow the city to install a bus turnout for the existing bus stop in front of the
building. Dedication of land for this purpose is required.
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.
e) Implementation of the Heart of the City landscaping will begin the beautification requirements for all
properties abutting Stevens Creek Blvd.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, earhibits, testimony and other evidence submitted in this matter,
the application for use permit is hereby recommended for approval, subject to the conditions which are
enumerated 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 Application 2-U-95 as set forth in the Minutes of the
Planning Commission Meeting of March 27, 1995, and are incorporated by reference though fully set forth
herein.
�F('TION II• PROJECT DESCRIPTION
Application No.: 2-U-95
Applicant: Walt Lan
Property Owner: Russell Bate
Location: 20007 Stevens Creek Boulevard
Resolution No. 4599 2-U-95 March 27, 1995
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Site Plan (Sheet 1) dated 1-21-95, Floor Plan, (Sheet 2)
dated 1-19-95, Elevation Plan (Sheet 3) dated 1-22-95, as may be amended by the Conditions contained
in this Resolution.
2. USE LIMITATIONS
This conditional use permit grants the use of a 6,400 sq.ft. sit-down restaurant. The hours of operation
are limited to 7:00 AM - 11:00 PM daily. The maximum seating is regulated by the available parking.
3. PARKING
A two space parking deficiency is granted. The applicant can restrip the parking lot to accommodate
additional vehicles by using a 33% compact car space ratio to obtain greater parking efficiency. Parking
shall be provided at a ratio of one space for every four restaurant seats and one space per employee. A
minimum of 35 parking spaces shall be available for the retail uses. The remaining parking shall
determine the number of restaurant seats based upon the restaurant parking ratio described above.
4. LIGHTING
During the building permit process the applicant shall submit information regarding adequacy of parking
lot light coverage. This information will include a lighting contour plan at 1" = 30', 40' or 50' scale or a
point by point lighting plan for the entire site, which takes into account all sources of light. If the lighting
contour plan proves that areas of the parking lot are inadequately lit, additional lighting shall be installed
prior to the opening of the business. A lighting plan shall be submitted with the building plans which is
consistent with the cities "lighting design statement". The types of light standards shall be similar in
type, height and color as that which currently exists. No building mounted lighting is approved.
5. SIGN PROGRAM -
A sign program, consistent with the Sign Ordinance, shall be submitted with the building permit for staff
approval.
6. HEART OF THE CITY
Approved development shall dedicate a 26-foot landscape and sidewalk easement inboard from the curb
along the Stevens Creek Boulevard frontage. The easement shall consist of a curbside planting strip ten
(10) feet in width, a sidewalk six (6-9) feet in width, and a back-of-walk planting strip ten (10) feet in
width, except as modified by the bus turnout. Planting strip areas shall contain a grass groundcover and a
single row of Pyrus Calleryana "Chanticleer" along the curbside except for the bus turnout, and a single
row in the plating strip back of the sidewalk. The trees shall be 36" boxed, planted 30 feet on center.
Appropriate irrigation shall be provided. An area may be cleared of boulevard street trees to allow for
unobstructed views of building and signage. This area shall include the necessary curb cut and driveway.
It shall be a minimum of 60 feet between trees and a ma�cimum of one third (1/3) the length of the parcel
frontage not to exceed one hundred twenty (120) feet between trees per opening. If the Heart of the City
Specific Plan is approved prior to final occupancy and the if less streetscape improvements are required,
the applicant may install the lesser requirement.
Resolution No. 4599 2-U-95 March 27, 1995
Page -3-
SF['TION IV• CONDITIONS ADMINISTERFD BY TI-�E PUBLIC WORKS DEPARTMENT
�. C'i TRR AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures such as shall be installed in accordance with grades
and standards as specified by the City Engineer.
Bus turn-out along Stevens Creek Blvd. shall be designed by a licensed civil engineer in accordance with
City Standard and as specified by the City Engineer.
8. FIRF HYDRANT
Fire hydrants shall be located as required by the City.
9. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
10. ST'�ET TRFES
Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in
accordance with Ordinance No. 125.
11. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the
Cupertino Municipal Code.
12. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks
may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the
City Engineer. Development in all other zoning districts shall be served by on site storm drainage
facilities connected to the City storm drainage system. If City storm drains are not available, drainage
facilities shall be installed to the satisfaction of the City Engineer.
13. IINDERGROLJND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and
other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected
utility providers for installation of underground utility devices. The developer shall submit detailed plans
showing utility underground provisions. Said plans shall be subject to prior approval of the affected
Utility provider and the City Engineer.
14. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino providing for
payment of fees, including but not limited to checking and inspection fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to
issuance of construction permits.
a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $2,420/acre
d. Power Cost: N/A
e. Map Checking Fees: $381.00
f. Park Fees: N/A
Resolution No. 4599 March 13, 1995
Page -4-
The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposed herein may be modified at the time of recordation of a final map
or issuance of a building permit in the event of said change or changes, the fees changed at that time
will reflect the then current fee schedule.
, 15. TR�NSFORMFRS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be
screened with fencing and landscaping or located underground such that said equipment is not visible
from public street areas.
16. DEDICATION OF WATE i INE
The developer shall execute a quitclaim deed for underground water rights to San Jose Water Company
and shall reach an agreement with San Jose Water Company for water service to the subject development.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying nditio s specified n Section IV of this Resolution
conform to generally accepted engineering practices.
B Viskovi , City Eng eer
I
PASSED AND ADOPTED this 27th day of March, 1995, at a regular meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris and Mahoney
NOES: COMMISSIONERS: Roberts and Chairman Doyle
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: AP OVE :
.
f " P '
Robert S. Cowan David Doyle, airm
Director of Community Development Cupertino Planning Commission
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