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Reso 4833 2-U-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4833 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR A 895 SQUARE FOOT ADDITION AND INTERIOR RENOVATION OF AN EXISTING RESTAURANT AT 10700 DE ANZA BOULEVARD. SECTION I: PROJECT DESCRIPTION Application No.: 2-U-97 Applicant: Fumio Suda Property Owner: Yukio Iyamoto Location: 10700 De Anza Blvd. SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Conditional Use Permit, as described in this Resolution; and WHEREAS, the Planning Commission finds that the: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is be located and;. b) The proposed addition will not increase seating on site and thus not engender greater parking demand. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�iibits, testimony and other evidence submitted in this matter, Application No. 2-U-97, is hereby approved 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. 2-U-97 as set forth in the Minutes of Planning Commission Meeting of Apri128, 1997, and are incorporated by reference herein. SECTION III. ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT � 1. APPROVED EXHIBITS I The recommendation of approval is based on Site Plan dated 4-14-97, Off Site Improvement Plan dated 4-14-97, Irrigation Plan dated 4-14-97, Planting Plan dated 4-14-97, Exterior Elevations and , Floor Plan dated 4-3-97, and Exterior Elevations, Floor Plan, Existing Condition dated 2-20-97, and the Material Board dated Apri121, 1997. Resolution No. 4833 2-U-97 Apri128, 1997 Page -2- 2. ADDITIONAL SEATING No additional restaurant seating is allowed for the site. 3. COMPLIANCE WITH SOUTH DE ANZA BLVD. CONCEPTUAL PLAN Frontage landscaping and street improvements shall comply with the "Long-term sidewalk design" of the South De Anza Boulevard Conceptual Zoning Plan, file No. 8-Z-95. 4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 5. INGRESS/EGRESS AGREEMENT The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, which shall provide for reciprocal ingress/egress easements with the adjoining southerly and northerly parcels. Said deed restriction shall provide for shared maintenance responsibility for all parcels which share a common private drive or private roadway with one or more parcels. The intent of this condition is to require vehicular access between properties located on the east side of De Anza Boulevard between Silverado Avenue to the north and Bollinger Road to the south as specified by the South De Anza Boulevard area zoning plan. SECTION III: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 6. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 7. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks, bus turn-out and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 8. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining � properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. Resolution No. 4833 2-U-97 April 28, 1997 Page -3- 9. FIRE HYDRANT Fire hydrants shall be located as required by the City. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. 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. 12. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 13. 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. 14. FIRE PROTECTION Fire sprinklers shall be installed in any new construction on Lot A to the approval of the City. The driveway to Lot A shall be marked Fire Lane on the final map. 15. UNDERGROLIND 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. 16. 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. Fees: ' a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1,744.00 minimum , b. Development Maintenance Deposit: $1,000.00 � c. Storm Drainage Fee: $1,167.00 d. Power Cost: $75.00 per street light ` Resolution No. 4833 2-U-97 Apri128, 1997 Page -4- e. Map Checking Fees: N/A f. Park Fees: N/A -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. 17. TRANSFORMERS 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. 18. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water Works for water service to the subject development. 19. FIRE ACCESS LANES Emergency fire access lanes shall be recorded as fire lane easements on the final map and shall meet Central Fire District standards. 20. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity which disturbs soil. BMP plans shall be included in your grading and street improvement plans. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering a su nditions specified in Section IV. of this Resolution conform to generally acc te ineerin ractices. ert Vi vich, ity Engine � i I � � Resolution No. 4833 2-U-97 Apri128, 1997 Page -5- PASSED AND ADOPTED this 28th day, of April 1997, Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Mahoney, Roberts and Chairperson Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Doyle ATTEST: APPROVED: � � ; -� �� ���-,�_� �i' �i . ,, Robert S. Cowan Andrea Harris, Chairperson Director of Community Development Cupertino Planning Commission g:/pl anning/res/r2U97. Doc � h l I �