Reso 1866 11-U-78
RESOLUTION NO. 1866
410 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW
CONSTRUCTION OF A 7,300 SQ. FT./300 SEAT SEAFOOD
RESTAURANT ON A 1.3 ACRE PARCEL.
APPLICANT: Michael Del Monaco
ADDRESS: 19493 Burgundy Way, Saratoga, California 95070
SUBMITTED: May 26, 1978
LOCATION: Southwest corner of the intersection of North De Anza Boulevard and
Highway 280.
Approval is recommended subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning Commission meeting
of July 24, 1978.
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflict with the special
conditions enumerated herein. In the event a conflict does exist, the
special conditions enumerated herein shall apply.
15. That the approval is granted based upon Use Permit Exhibits A and Staff
Informational except as may be modified by additional conditions contained
® herein.
16. The land use intensity shall be limited to an intensity that will not generate
more than 16 one-way trips per acre during the peak traffic hour. For the
purposes of the 16 one-way trip Traffic Intensity Performance Standard, the
following accounting of trips is hereby incorporated into the project approval.
Trips generated by project:
Restaurant
7,300 sq. ft. x 3.5 per 1,000 sq.. ft. = 25.6
Trips allocated 1.38 ac. x 16 = 22.1
Trips transferred (from Lands of
Barnhart, APN 326-10-75) _ 3.5
Total allowable trips = •25.6
Surplus trip ends - 0
The applicant shall record a covenant to described the trip acre constraint
and the total number of trips allocated to the particular development at the
time of development approval. The covenant shall be worded in a manner to
suggest that the future purchaser of properties consult the individual use
permit files to obtain an up-to-date status report of the total number of
trips allocated to each particular property. Additionally, the applicant
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A
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND-
ING APPROVAL OF A USE PERMIT
WHEREAS, the Planning Commission of the, City of Cupertino received an
application for a USE PERMIT, as stated on Page 2; 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
and is 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
411 over and beyond 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 use
nor injurious to property and improvements in the neighbor-
hood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application of the USE PERMIT
is hereby recommended for approval, subject to the conditions stated
on Page 2; and
BE IT FURTHER RESOLVED:
That the aforementioned findings be approved and adopted, and that the
Secretary be, and is hereby directed to notify the parties affected by
this decision.
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11-U-78
` Planning Commission Resolution No. 1866
(continued)
110
shall provide evidence that an agreement
g has been recorded against the
Barnhart property (APN 326-10-75) assigning development rights of 3.5 trip-
ends to the subject property. The City Attorney shall review and approve
the above-referenced covenants and agreements which shall be recorded against
the respective properties prior to issuance of building permits.
17. The approval is for a maximum 7,300 sq. ft. restaurant building with a maximum
300 seat capacity.
18. The applicant shall modify the site plan prior to submittal for ASAC review
incorporating those modifications suggested in the staff informational exhibit
referenced in Condition 15 of this resolution. The applicant is permitted
the ability to re-arrange the parking area and slightly modify the building
size and location to accommodate additional parking or landscape installation
within the parking area. The ASAC shall review any site plan revisions to
ensure adequate compliance with landscape and parking ordinance standards.
19. Consistent with the intent of Condition 20 of Planning Commission Resolution
No. 1287, the Architectural and Site Approval Committee may permit the removal
of one 20 inch Pine, and one 10 inch unidentified tree on the site.
20. The Architectural and Site Approval Committee, at the time of its review of this
development, shall carefully evaluate the architectural concept of this
proposed building in juxtaposition with the approved Chinese Restaurant to
the south to ensure a harmonious relationship in materials, building height
and bulk, and landscape frontage treatment between the two developments. Further,
the Committee should ensure that the landscape theme proposed for the 50 ft.
landscape frontage on De Anza Boulevard is consistent with the planting scheme
for the development to the south and conforms to the guidelines specified in
the North De Anza Boulevard Conceptual Plan.
21. The applicant shall sign a statement acceptable to the City Attorney agreeing
to provide reciprocal ingress/egress easements with the adjoining property to
the south at such time in the future as the City can require the same from the
adjoining property owner. Said reciprocal easement is intended to facilitate
traffic movement between the two sites and to encourage a harmonious inter-
relationship of these adjoining land uses.
PASSED AND ADOPTED this 24th, day of July, 1978, 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, Gatto, Koenitzer, Chairperson Blaine
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
•
(?1,3t ( jtw /s/ Sharon Blaine
Sharon Blaine, Chairperson
Robert Cowan
Assistant Planning Director Planning Commission
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