Reso 2823APPLICATION 20-U-86
RESOU=ON•2823
OF 1 1 PLVWM C"ff.SSICN OF 7HE CITY OF C(JPM=IO
IMOMMIDING APPROVALOF MSTM USE • a / TIO ALLOW
�Wl • /
tCERFAS, the Planning Commni.ssicn of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WEREAS, the applicant(s) has met the burden of proof required to support
said application; and
vanalF;A/.S, the Planning Camiissicn finis that the application meets the
following requirements:
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 rises 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 beyond that of the capacity of the existing 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 use, nor injurious
to property and improvements in the neighborhood.
• .IDI-r71.19 a -,�.. �.
That after careful consideration of naps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby reoccmended for approval, subject to the condition which are
enumerated in this Resolutions begiuming on Page 2 thereof; and
BE IT FLJRIHER RESOLVED:
That the subeonrlusicns upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 20-U-86, as set forth in the Mimrtes of the
Planning Commission Meeting of July 14, 1986, and are incorporated by
reference as though fully set forth herein.
RESO=CN M. 2823 (20-iT-86) July 14, 1986
PAGE-2-
Application No(s) 20-U-86
Applicant: Stoneson Develo meet Cforroration
Property owner: Same
Location: oaks Shooairs Center. north side of
Stevens Creek Boulevard, bounded by Mary
Avenue and Hic1hway 85
The recammerdation of approval is based on Exhibits A, A-1, A-2 and
Info. of Application 20-U-86 except as may be amended by special
carditicros enumerated herein.
1,-nPW-
The applicant/owners shall restripe the parking aisles to isx tease
parking yield to approximately 532 parking spaces. The restriping
plan be subject to staff review and approval and shall be approved and
implemented prior to issuance of the final Occupancy Permit for the
former Sandpiper or by May 3-987, whichever occurs first.
3. USE r,rMrmnTrt
Haas of operation shall be limited from 6 a.m. to 12 p.m. "Sit-down"
restaurants within the center are permitted a maximm: of 20,400 sq.
ft. and a maximum of 800 total seats. A minor adjustment in
restaurant size may be permitted when it is demonstrated that the
total is not exceeding the above r=bers. Theaters are limited to
approximately 11,000 sq. ft. of building area and a maximnn of 900
seats.
!1271yi_ ••. i lip M i. •1'1• /• Y
New uses or reuse of space within the Oaks Shopping Center shall be
limited to uses ally ed without the securing of a use permit under the
city's General Cmuercial ZenuV Ordinance or any successor. All
other uses not addressed in Cxaditicn No. 3 above shall require use
permit review and approval.
RESOU=CN NO. 2823 (20-U-86) July 14, 1986
PAGE - 3 -
In the event of Diture parking problems, the Planning ctmmission
reserves the right to hold a public hearing at any time to review this
use permit, and the applicant hereby agrees to implement any or all of
the following measures or other measures as deemed necessary to
mitigate said problem:
poolinga. Organize an employ— car pooibn/van program.
b. Reconfigure the parkarrangement increase
parking t parking
Yield, possibly including modifications of curb and driveway
islands.
C. Limit future uses to low traffic generating commercial uses
or uses which do not attract customers during periods which
are impacted by excessive parking demani.
d. Adjust uses, through attrition, to less intensive uses or
uses which do not generate activity during impacted periods.
e. Implement a system to police the parking lot and keep out
motorists attending other functions and facilities outside
of the oaks shopping Center.
f. Modify existing uses upon expiration of their leases to
decrease activity during iq-zted periods.
g. Restricting hours of future leases.
6. MINOR ARCHrIECIVRAL MODIFICATIONS
Minor architectural modifications to accommodate new tenants shall be
submitted to and approved by the Architectural and site Approval
Committee. The applicant may appeal decisions of the Cmnittee to the
City Council.
In the event that the applicant or subsequent property owner shall
desire to make any minor change, alteration or amendment in the
approved development plan or building permit, a written request and
revised development plan or building permit shall be submitted to the
Director of Planning and Development. If the Director makes a finding
that the changes are minor and do not affect the general appearance of
the area or the interests of owners of property within or adjoining
the development area, the Director may certify the change on the
revised plan. If such approval is withheld, the applicant may appeal
to the Planning Commission. If the changes are material, the Director
shall submit said charges to the Planning Cmmu-ssion for approval. If
the change is denied by the Planning Commission, the applicant may
appeal to the City Council as provided in ordinance 652 of the City of
Cupertino. If the change is approved, an appeal my be made by an
interested party. Further, any member of the City Council may request
a hearing before the City Council, said request to be made within ten
(10) days from the date of approval - when the change has been
approved by the Planning Commission.
RESOLIT.MCN NO. 2823 (20-U-86)
PAGE -4-
JU1y 14, 1986
PASSED AND ADOPTED this 14th day of July, 1986, at a regular meeting of
the Planning C==issicai of the City of Cupertino, State of California, by
the following roll vote:
AYES: CUOMSSIONERS: Adams, Mackenzie, Claudy, Chr. Szabo
NAYS: CC 2MWIC)NERS: None
ABSTAIN: COMMIS.SICNEFS: None
AHSEW: CCKUMIMEEFS: Sorensen
/s/ Robert S. Cowan
Robert S. aman
Plarring Director
RE520MU86(B-5)1Vm
/s/ Nicholas Szabo
Nicholas Szabo, C+Airma +
Planning cmmission