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Reso 405045-U-87 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUPION NO. 4050 OF THE PLANNING C"aSSION OF THE CITY OF CUPERTINO raXX11 MING APPROVAL OF A USE PERMIT TO CONSTf3KT AND OPERATE A DRIVE -UP SERVICE WINDOW AND VEHICLE LANE AT AN EXISTING TAKE -GUT RESTAURANT SECTION I• FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolutions 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) miat 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, THMUDRE, 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 rec=wrled 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 45-U-87 as set forth in the Minutes of the Planning Commission Meeting of May 9, 1988, and are incorporated by reference as though fully set forth herein. RESOLUTION NO. 4050 (45-U-87) 05/09/88 PAGE - 2 - SECTION II: DESCRIPTION OF PRQ7ECT Application No(s) 45-U-87 and 46-EA-87 Applicant: Carl Karcher Enterorises Property Owner: Franco Location: Southeast corner of Homestead Fad and Franco Ct SECTION III • CONDITION AD=STERED BY THE NJHLSC WORKS DEPAR rnTFarr street widening, improvements and dedications shall be provided in accordance with City Standards and specifications as required by the City Engineer. Said requirement may extend to provision of a second left turn lane westbound at the Hcmestead/De Anza intersection. Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. 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. 4. FIRE HYC&tANT Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. •� •tea. 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 125. 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. REQOIITPION NO. 4050 (45-U-87) 05/09/88 PAGE-3- Drainage shall be provided to the satisfaction of the City Engineer. The developer shall oanply 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. • •.'1�/71 • Y 1.'F • c!i717y17i� The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but rat limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrourling of utilities. Said agreement shall be executed prior to issuance of construction permits. NY ��'�. MY v • .4••J ]I• �. 11. APPROVED =BITS The recc mlendation of approval is based on Exhibits A, B, and Info. of Application 45-U-87, except as may be anwzxled by the conditions contained in this Resolution. The subject Use Permit authorizes construction and operation of a drive -up service window and related site improvements. All conditions of Planning Commission Resolution 1474, except Condition 17, shall remain in full force and effect. In instances of conflict, the conditions cited herein shall prevail. 13. QJRBING The developer shall provide a continuous curb between the parking stalls on the south edge of the site and the stacking lane along with appropriate railings to prevent vehicle overhang into the circulation area. Said solution shall be subject to staff approval at the building permit stage. RESOLUTION 140. 4050 (45-U-87) 05/09/88 PAGE - 4 14. NOISE OONTROL No sound emitted from the menu order board, or other related public address system shall be audible beyond the limits of the restaurant site. 15. LANDSCAPING The developer shall retain a qualified arborist to evaluate the condition of the specimen trees currently adjoining the building, and determine their suitability for relocation on the site. Final decision on the requirement to relocate any or all of said trees, or to require replacement of any or all of said trees with specimen scale substitutes shall rest with the Architectural and Site Approval Committee prior to issuance of building permits. Sign information for the proposed menu board and directional devices shall be subject to separate review and approval by the Architectural and Site Approval Committee. 17. MODIFICATION OF APPROVED DEVELOH4FNr PLAN In the event that the applicant or subsequent property owner shall desire to snake 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. 18. STACEIM LANE DESIGN The U-Shaped access stacking lane is not approved. The developer will prepare an "L-Shaped" lane alternative, and a serpentine shaped lane alternative, and present said alternatives for ASAC final approval in conjunction with the site landscape plan. The ASAC shall evaluate stacking capacity, parking lot impacts and select the appropriate design alternative.