Reso 4749 13-U-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4749
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO LOCATE A 1,130 SQ. FT. RESTAURANT
IN AN EXISTING RETAIL BUILDING
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit,
as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter;
and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare,
or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, 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 No. 13-U-96 as set forth in the Minutes of
the Planning Commission Meeting of September 9, 1996, and are incorporated by reference though fully
set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 13-U-96
Applicant: Gumbas Restaurant
Property Owner: Michael Pierce
Location: 21678 Stevens Creek Boulevard
Resolution No. 4749 13-U-96 September 9, 1996
Page -2-
SE�TION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the site plan, floor plan and interior elevations dated
July 24, 1996.
2. APPROVED USE
The subject use permit grants the operation of a 1,130 square foot food establishment with a
maximum of 46 seats and three peak hour employees.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
3. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
4. STREET TREES
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.
5. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of
the Cupertino Municipal Code.
6. 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.
7. 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: $1,354.17
d. Power Cost: N/A
e. Map Checking Fees: N/A
f. Park Fees: N/A
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Resolution No. 4749 13-U-96 September 9, 1996
Page -3-
-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.
8. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to Cupertino Water
Company and shall reach an agreement with Cupertino 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 conditions specified in Section IV of this Resolution
conform to generally accepted engineering p actices
ert Vis i, City Engineer
PASSED AND ADOPTED this 9th day of September, 1996, 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, Doyle, Mahoney and Vice Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairman Roberts
ATTEST: APPROVED:
�/�. �---=---,
Robert S. Cowan Andrea Harris, Vice Chairperson
Director of Community Development Cupertino Planning Commission
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