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Reso 307336-U-87 CITY OF CUPERTINO 10430 S. De Anza Boulevard Cupertino, California 95014 RESOIUTICN NO. 3073 OF ME FTANNI14G CCKwU4SI0N OF 'IHE CITY OF CUPE=10 REOCKM DING APPROVAL OF A USE PERMIT TO OPERATE A 2800 SQUARE F0OT EATING FSTABLISHMUM WITH 52 SEATS AND INCIDENTAL TAFE-GUr OPERATION SECTION I• FINDINGS WHEREAS, the Planning Coamission of the City of Cupertino received an application for a 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 Oa=issicn 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, T4i 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 reoccuenled for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconnclusicrns upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 36-U-87 as set forth in the Minutes of the Planning Carmdssicn Meeting of August 10, 1987, and are incorporated by reference as though fully set forth herein. RESOLUTION NO. 3073 (36-U-87) 8/10/87 PAGE - 2 - SECTION II • PftWECT DESCRIITTION Application No(s) 36-U-87 Applicant: Le Boulamer Property Owner: De Anza Properties Location: North side of Stevens Creek Boulev= 500 f* east of De Anza Boulevard Y MY .,. \ �� il. YY .;.ti s .yU�/�%Y7i�7i�j:f 1 I ]I•a ���yl?�l L 'L�J�6 21,' : 4E The recamnendaticn of approval is based on MKhibit A of Application 36-U-87, except as may be amended by the Corxiiticns contained in this Resolution. Approval is canted to operate an approximately 2800 square foot eating establishment with a maximum of 52 seats. Retail food sales may also be permitted in conjunction with the eating establishment. Take-out food operation shall be incidental to sales of food for consumption on premises and retail food sales. This use permit authorizes an parking deficit of an additional three spaces at the shopping center. The Planning Commission reserves the right to reduce the number of seats on premises should a parking shortage arise in the future. The applicant shall submit a letter acknowledging and agreeing to this condition prior to issuance of tenant improvement permits. 4. TRIP OONSIRAINT Land Use intensity for this shopping center shall be limited to an intensity that will not generate more than sixteen (16) one way trips per acre during the peak traffic hour. For purposes of ensuring compliance with the Traffic Intensity Performance standard, the following accounting of trips is hereby incorporated into the project approval: TRIPS GENERATED BY SITE: 55.1 TRIPS ALLOCATED TO PRU7EX.T SITE: 55.9 SURPWS TRIPS: 0.8 RESOLUTION NO. 3073 (36 iJ-87) 8/10/87 PAGE - 3 - In the event that a development does not utilize the full 16 trips Liman p per 11 acre allotted by the trip end performance standard, the owner of record shall have the ability to retain, sell or transfer trips with other property owners within the the Traffic Intensity Performance Standard Area. All sales or transfers of trips shall be filed with the Director of Planning and Development and the City Clerk. No sale or transfer shall be considered finally consummated until a Use Permit has been approved for the property to which the trips are to be applied. The developer shall record a covenant to describe the trip acre constraint and the total number of trips allocated to the particular development at the time of development approval. The covenant shall appropriate wording to suggest that future purchasers of the property consult the individual Use Permit file to obtain an updated status report of the total number of trips allocated to each particular property. 5. MODIFICATION OF APPROVED DEVELOPMENT PLAN In the event that the applicant or subsequent property owner shall desire to make any minor changes, alterations or amendment of the approved development plan, a written request or revised development plan shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes are minor and do not result in a material affect upon the appearance or function of the project, said changes may be certified on the revised plan. If approval of said changes is withheld, the applicant may appeal to the Planning Commission. If the Director finds that the requested changes are material, such changes shall be referred to the Planning Commission for approval. If the changes are denied by the Planning Commission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Planning Commission, an appeal may be made to the City Council by any interested party. Further, any Member of the City Council may request a hearing before the City Council regarding said approved changes. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Commission. PASSED AND ADOPTED this 10th day of August, 1987 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California by the following roll call vote: AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo and Chairman Mackenzie NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: Robert Cowan Donald Mackenzie, Chairman Director of Planning Cupertino Planning Commissi n