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Reso 407012-U-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4070 OF THE PLAANJING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO OPERATE A SIT-DOWN RESTAURANT WITH LIQUOR SERVICE AND ADDITION OF APPROXIMATELY 900 SQ. FT. OF GROSS FLOOR AREA 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 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. e) The proposed restaurant is not subject to application of the traffic intensity performance standard since it is of approximately the same use intensity as that of the restaurant which formerly occupied this site, and represents a continuation of that same use intensity. 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 recommended 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 12-U-88 as set forth in the Minutes of the Planning Commission Meeting of June 13, 1988, and are incorporated by reference as though fully set forth herein. Resolution No. 4070 (12-U-88) 06/13/88 Page -2- SECTION II: DESCRIPTION OF PRWECT Application No(s): 12-U-88 and 19-EA-88 Applicant: Arthur G. Gunther Property Owner: Steven Gazarra Location: South side of Stevens Creek Blvd. 500 feet east of Blaney Avenue SECTION III: comDTTIONS ALI imsTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET DVROVFM2M & DEDICATION Street widening, improvements, and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB, GCT= & SIDEWALK • Curbs, gutters, sidewalks, and structures shall be installed to grades and be constructed in accordance with standards specified by the Stevens Creek Boulevard Sidewalk and Landscaping Standard, to the satisfaction of the City Engineer. 3. LIGHTING street lighting shall be installed and shall be as approved by the City Engineer. All on and off -site lighting shall designed to in no way interfere with adjacent areas and shall be no higher than the maximum height permitted by the zone in which the property is located. 4. FIRE HYDRANTS Fire hydrants shall be located as required by the City. 5. TRAFFIC CONTROL SIINS Traffic control signs shall be placed at locations to be specified by the City. 6. STREET TREES Street trees will be planted in the public right-of-way and shall be of a type approved by the City in accordance with the Stevens Creek Boulevard Sidewalk Plan. 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. mmm�� Drainage shall be provided to the satisfaction of the City Engineer. Resolution No. 4070 (12-U-88) 06/13/88 Page -3- 9 . UNDERGROUND LTI'ILS ITES The developer shall be responsible for complying with the requirements of the Underground Utility ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. The subdivider shall submit a detailed plan showing utility underground provisions. (This plan must have prior approval of the utility companies and the City Engineer.) • • • ^ is • es• as �a The project developer shall enter into a development agreement with the City of Cupertino providing for implementation of improvements and payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be prior to • issuance of construction permits. SECTION IV: OONDTPIONS ADMINISTERED BY THE PLANNING DEPARIMWP 11. APPROVED E\UBITS The approval is based on Exhibits A, A-2, B 1st Rev., B-1 1st Rev., B-2, B-3, C, and Info. of Application 12-U-88 except as may be amended by additional conditions enumerated herein. 12. MODIFICATION OF APPROVED DEVEMPMDU 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 •r_-at+-en request or revised develn_^ent 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. 13. MASONRY WALL A masonry wall shall be provided on the project's south and west boundary with residentially zoned or used property. Said wall shall be eight (8) feet in height as measured from highest adjoining grade. Resolution No. 4070 (12-U-88) 06/13/88 Page -4- 14. USE IMITATION A) The subject Use Permit authorizes operation of a dine -in restaurant with liquor service. The maxim= seating capacity equals 190, for indoor and outdoor seating as shown on Exhibit A-1. B) Live entertainment activity, including but not limited to amplified or unamplified music, and dancing are prohibited in accordance with General Plan Policy 6(c) (1) of the Land Use Element and Condition 3 of 3-Z-83. Activities are limited to those allowed for sit down restaurants as prescribed in the General Commercial (CC) Zoning Ordinance. Additionally, take out activities shall not exceed lo% of the operation. C) Business hours shall not extend past 11:00 P.M. on any night. 0 15. FRONTAGE LANDSCAPING Exhibit A shall be revised to reflect compliance with the frontage landscaping and setback requirements specified in Condition 7 of 3-Z-83, and compliance with the parkway sidewalk and plant selection requirements of the Stevens Creek Boulevard Sidewalk and Landscaping Plan. The final solution shall be subject to ASAC informal approval prior to release of building permits. 16. INGRESS/EGRESS EASEhfEf1TS The developer shall record an appropriate deed restriction and covenant running with the land subject to approval of the City Attorney; which shall provide for necessar,, reciprocal ingr ro c: egress easements to and from the property to the east. • 17. FIRE SAFETY REOUSRFIff11T5 The developer shall comply with fire safety requirements, including interior sprinkler system requirements, as required by the City. 18. BUFFER TO ADJOINING RESIDEIPPTAT,USE AREAS A substantial landscape buffer as shown on Exhibit C shall be provided on the south and west site boundary adjacent to existing residential properties. The south side shall have a minimum 24 inch box canopy trees. The final landscape solution shall be subject to informal ASAC approval prior to issuance of building permits. 19. ARC F=CIURAL MODIFICATIONS The southwest corner of the building shall be modified to a diagonal shape in order to facilitate truck and fire apparatus access to the driveway on the west side of the site and common driveway with the adjoining property, subject to staff approval at the building permit stage. Resolution No. 4070 (12-U-88) 06/13/88 Page -5- The existing structure in the parking area of the site shall be removed prior to or concurrently with project construction. The developer shall assume the responsibility to obtain all required demolition permits in accordance with City ordinances. 21. NOISFMAKING DEVICES No public address system or paging system, powered megaphone or similar noisemaking device shall be permitted outdoors at any time. 22. PARKTNG AREA LIGHTING/IAYOUT Prior to issuance of building permits, the developer shall obtain ASAC informal approval of a coaprehensive lighting plan for the parking area. The plan shall ensure safe use of the parking area while minimizing lighting interference to the adjoining residential sites. Parking shall be provided at a ratio of 1 space for every three (3) seats plus one space for each employee present on the site during the peak employment period of the business day. The exit to Stevens Creek Boulevard is to be well marked subject to the approval of the Planning Director. 23. PARKING AREA/RESTAURANr SERVICE ACPIVITY The developer/operation shall ensure that evening hour clean-up activities do not result in disturbance to neighboring residential properties. The rear doors of the building shall be kept closed at all times except durirx7 delivery or trash r.=val' activity. Trash removal shall not occur after midnight, nor shall the trash enclosure or dumpster be used between midnight and 6:00 A.M. The parking area • pavement shall not be used for washing or clean-up activity, nor shall food scraps be allowed to enter the storm drain system. 24. SIGN PROCu2AM Sign information indicated on the application Exhibits is not approved. A separate sign program application is required through the Architectural Site and Approval Committee. 25. FUJURE CORRECTIVE bIFAS[JR�S The foregoing steps are indicative of protective actions to be taken and are not exhaustive. Should the City receive complaints about unauthorized activity, noise or unsanitary practices, light intrusion, parking or traffic, the Use Permit may be subject to a public hearing for purposes of adding conditions or possible revocation of said Use Permit. Possible additional conditions include reducing seating capacity, restricting hours of operation, prohibiting advertising or signs indicating the take out operation, prohibiting phone orders and eliminating take out activity, or other conditions as deemed appropriate.