Reso 303918-U-87
CITY OF CUPERTINO
10430 So. De Anza Boulevard
Cupertino, California 95014
RES0IXION No. 3039
REOCMMENDING APPROVAL OF A USE PERMIT
FOR AN ON-PRDMSES DINING ESTABLITIM P OWI'AINIM 18 SEATS
LOCATED WITHIN A 920 SQ. FT. TFNANr SPACE WITHIN
AN EOQST'IM SHOPPING CENTER
SECTION I• FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for AmexIment of an existing Use Permit, as described on page
2 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 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
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.
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.
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 recomme- xled for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the suboonclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 18-U-87 as set forth in the Minutes of the Planning
Commission Meeting of May 26, 1987, and are incorporated by reference as
though fully set forth herein.
RESOLMON ?Io. 3039 (18-U-87) 05/26/87
Page - 2 -
SECTION II: PROTECT DESCRIPTION
Application No(s) 18-U-87
Applicant: Batman Mahbod
Property Owner: Trust Centmanv of the West
Location: Southeast corner of Stevens Creek Bouleva_d
and Portal Avenue
SECTION III• CONDITIONS AUM SrERED BY THE PLANNING OEPARTMFNP
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits A-1 and B of
Application 18-U-87, except as may be amended by the conditions
contained in this Resolution.
2. TRIP/ACRE CONSTRAINT
The Recommendation of approval is based on the subject restaurant
occupying 920 square feet of gross floor area, generating 2.76 trip
ends. Figure 1 shall be attached to this Resolution, and shall
establish the rumbas of surplus trips remaining to the site, given the
tenant mix and degree of vacant' appearing therein.
3. PARi@IG
Prior to camnencement of the approved use, the property owner shall
restripe the parking area to provide two (2) additional parking
stalls. The dimensions and location of said parking stalls shall be
subject to prior approval by staff.
4. USE CONSTRAINT
The subject Use Permit authorizes operation of an on -premises eating
establishment with 18 seats and two employees per shift. Flouts of
operation shall be limited from 9 AM to 11 PM daily. All food and
beverage products shall be provided to customers in returnable
containers, and served with returnable tableware.
5. SERVICE YARD MAtU�GEtgSlT
A) Prior to commencement of the subject restaurant use, the shopping
center owner shall implement the definitive management plan for
the service corridor at the rear of the Center, as generally
described in the letter of May 20, 1987 frotn Coates and Sowards,
incorporated by reference in this condition. Monitoring of
oanpliance with topics A-2 and A-3 on Page One of said letter
shall be the direct responsibility of the property manager and
shall not be delegated to contract personnel. The property manager
may designate an employee to undertake monitoring and enforcement
activity, subject to approval of the Planning Director.
RESOLUTION No. 3039 (18-U-87) 05/26/87
Page - 3 -
411 5. (Cont'd.)
B) Prior to expiration of the subject Use Permit, the property owner
shall obtain City Council amendment of the Use Permit for Orchard
Valley Marketplace as follows:
1) Incorporate the above-mentioned management plan with conditions
for the Center as a whole, in addition to linking said
management plan to 18 iJ-87.
2) Modify Condition 23 (1) of 16-U-76 (Rev) to allow operation of
take out food service establishments.
3) Prohibit location of new food service tenants in that part of
the center which directly adjoins the gated portion of the rear
service corridor
C) If resident complaints persist regarding abuse of the service yard
area, staff may take appropriate action through the City's Code
Enforcement process, and possible public nuissance abatement.
6. USE PERMIT REVIEW
The subject Use Permit for the 920 sq. ft. restaurant shall be subject
to monitoring and review during the first six months of the
restaurant's operation to ascertain compliance with limitations on
take out activity and to ensure that activities associated with said
• restaurant do not exacerbate problems identified with the Shopping
Center's service yard area. Staff findings of non compliance shall be
subject to Code Enforcement action and possible initiation of a Use
Permit revocation hearing.
7. TIME LIMIT
The subject use permit shall remain valid for a period of six (6)
months. Said Use Permit shall become permanent upon completion of the
Shopping Center Use Permit amendments detailed in Condition 5 of this
Resolution.
PASSED AND ADOPiD this 26th day of May, 1987 at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call
vote:
AYES: COMMISSIONERS: Szabo, Adams, Vice-Chr. Sorensen
NAYS: COMMISSIONERS: Claudy
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chr. Mackenzie
ATTEST: APPROVED:
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Robert Cowan ee Sorensen, Vice-Chairman
Director of Planning ino Planning Commission