Reso 3055ft
I
16-U-76 (AMENDED)
CITY OF CUPERTINO
10430 S. DE ANZA BOLM YARD
O.roertino, California 95014
RESO=CN NO. 3055
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SECTION I: FINDINGS
WHEREAS, the Planning Oo—ission of the City of CDripertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
• and
WHEPEAS, the applicant has met the burden of proof required to support
said application; and
WHEREAS, the Planning CDommsisaion finis that the application meets the
following regai ements:
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
accccmodate the proposed use.
• c) That the proposed use will not generate a level of traffic over and
above that of the capacity of the a dstirg street system.
d) That the proposed use is otherwise not detrimstTtal to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such Proposed uses, nor injurious to
pr perrt and impravemstTts in the neighborhood.
• la•/al r-/ •aa.• s•
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recommended for app oval, subject to the coarlitio ns which are
enumerated erated in this Resolution beginning on Page 2 thereof; and
That the sub=clusicns upcn which the findings and cmditicyns specified
in this Resolution are based and contained in the Public Hearing record
=ymrnin; Applicaticnn 16-U-76 (Amended) as set forth in the Minutes of
the Planning CrTmmisaion Meeting of June 22, 1987, and are incorporated by
reference as though fully set forth herein.
PESO=--C:: t110. 2056 (16-i -76 (A" T CED)) 6/22/87
PAGE - 2 -
SECTION II • PRf1TECP DESCRIPTION
Application 170(s) 16-U-76 (Amended)
Applicant: Coates and Sowards. Inc.
Property Owner: Trust Con mw of the West
Location: Southeast corner of Stevens Creek Boulevard
and Portal Avenue
Parcel Area
(Acres) : Ap=. 10
SECTON III• aWDITIONS AISQlDiIcM= BY THE PLIMIIN 02ARIr=
1. PREVIOUS APPRCT7AL,'
The conditions of approval described in the City Council Action Letter
dated April 10, 1984, are retained, except as m0dified below.
S2. CONDI= NO, 23
Condition No. 23 Of said Action Letter is amended to read as follows:
Uses within the Orchard Valley Market Place may include all uses
allowed within the City of O.;xertino General C=marcial (03) zoning
district, with the following exceptic— and clarifications:
1. Restaurant space shall be limited to a Maximum of 20,000 e11. ft.
and may include sitdcwn, fast food, or take out restaurants.
Specialty food stores, such as bakeries, delicatessens, or produce
markets, which sell food primarily for consumption off premiss,
shall Ent be considered restaurants and are not included in the
above 20,000 sq. ft. limitation. However, specialty food stores
which sell food primarily for =Wmpticn on premises, shall be
considered restaurants for the purposes of this use permit and
shall be included in the 20,000 sq. ft. limitation. All
• restaurants and specialty food stores shall be subject to use
permit review, as required by the OG Ordinance.
2. Lax -go food stores (exceeding 10,000 Sq. ft.) shall require use
permit review.
3. With the Pam*{on of one fill-servics restaurant, not to exceed
approximately 9,000 sq. ft. with a separate bar, drinking
establishments (bars) and restaurants which maintain a separate
drinking area are prohibited. Alcoholic beverages may be served
with meals.
4. The existing restaurant and specialty food services involving
cn-site food preparation which are located adjacent to the gated
portion of the rear corridor may remain; however, new food
services- involving on -site food preparation shall not be permitted
in this area. The intent of this condition is not only to prevent
RESOLUTION NO. 3055 (16-U-76 (AMENDED)) 6/22/87
PAGE - 3 -
an increase in the number of above described food establishments
adjoining the rear corridor, but also, upon termination of
occupancy, to preclude replacement of existing establishments with
food services which require a new use permit. For example, an
existing sit-down restaurant could be replaced by another sit-down
restaurant (provided the new restaurant was no larger than the
existing one and had similar ope
rating characteristics) , but an
existing sit-down restaurant could not be replaced by a specialty
food store.
3. OUTDOOR SEATING
Outdoor seating shall be limited to a maximum of 20 percent of the
total number of indoor seats in the center.
4. MANAGEMENT PLAN
The property owner shall implement the management plan for the service
corridor at the rear of the Center, as described in the letter from
Mr. R. Mark Wimmer dated May 20, 1987, and as amended below:
a) Monitoring activities described in the 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 the approval of the Planning Director.
b) Requirements described in the letter to keep rear doors closed
shall be incorporated into both new and renewed leases. The
property owner shall also attempt to incorporate the
restriction into existing leases. However, if the property
owner is unsuccessful with regards to this latter effort, and
complaints from adjoining residents persist, the Commission
retains the option to review this use permit and require
additional measures.
c) All trash shall be placed in a dumpster and all dtmlpsters shall
be kept in an enclosure. Exterior storage is not permitted.
This condition (c) applies to the entire Center.
PASSED AND ADOPTED this 22nd day of June, 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
A ' 't;ST: AP".• imo:
410 Robert Cowan Donald zie, Cha'
Director of Planning Cupertino Planning C sion
RES16U76A(SONIA)