Reso 2194 27-U-79 (Revised)
RESOLUTION NO. 2194
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A REVISION OF USE PERMIT
APPLICATION 27-U-79 (REVISED) TO AUTHORIZE THE
OPERATION OF AN 820 SQ. FT. , 20-SEAT DELICATESSEN
AND CATERING BUSINESS WITHIN 7 ,700 SQ. FT. OFFICE/
COMMERCIAL BUILDING.
APPLICANT: Marius E. Nelsen
ADDRESS: 21801 Stevens Creek Boulevard, Cupertino, California 95014
SUBMITTED: March 6, 1981
LOCATION: Northeast corner of Stevens Creek Boulevard and Mann Drive
within the Monta Vista neighborhood.
The Conditions of Approval adopted by the City Council on November 19, 1979
shall remain in force with the exception of Conditions 15 and 17. Condition
15 is modified to reflect a revised site plan exhibit and Condition 17 is
revised to reflect a new parking requirement and allocation of building space
to various activities.
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. The approval is based upon Exhibit A (Revised) of Application 27-U-79
® (Revised) as may be modified by additional conditions contained herein.
The site plan shall be revised to depict the approval location of
fuel storage tanks.
16. The approval is contingent upon the abandonment of Mann Drive as
defined on the official recorded Plan Line for Stevens Creek Boulevard.
17. Commercial retailing activities within the 7 ,700 sq. ft . building are
limited to 2,500 sq. ft. of gross floor area including the 820 sq. ft.
delicatessen space.
If the delicatessen/catering operation results in significant amount
of spillover parking on adjoining commercial parking lots or in adjoining
residential areas , the Planning Commission may conduct a hearing to consider
the following corrective measures related to delicatessen/catering
activity.
a. Reduction in seating.
b. Restriction in the hours of operation.
c. A lease with contiguous commercial property owners to provide
additional parking.
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a y
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014 110
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
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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(continued on Page 2)
27-U-79 (Revised)
Planning Commission Resolution No. 2194 (continued)
4
18. The applicant shall record a covenant obligating existing and future
property owners to provide reciprocal ingress/egress easements with
the adjoining property owners to the west at such time in the future
as the City or County can require the same of the adjoining property
owner. Said covenant shall be approved by the City Attorney and
recorded prior to the issuance of building permits.
19. The applicant shall cause an acoustical report to be prepared for
the purpose of designing a suitable noise attenuation barrier between
the peripheral parking lot and adjoining single-family residence. The
design and location shall be reviewed by the Architectural and Site
Approval Committee.
20. The applicant may submit a reconfiguration showing the curb cut on the
westerly portion of Configuration A. These revisions may be done at
the Architectural and Site Approval Committee level and the Committee
may move the curb cut west to allow joint ingress/egress with adjoining
shopping center and eliminate a few parking spaces , if necessary. Curbs
will be installed along Mann Drive based on configuration of plan line.
New curbing will be installed along Stevens Creek Boulevard frontage
of property.
PASSED AND ADOPTED this 13th day of April, 1981, 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, Binneweg, Blaine, Claudy, Chairman Koenitzer
NAYS: None
ABSTAIN: None
ABSENT: None
APPROVED:
R. D. Koenitzer
R. D. Koenitzer, Chairman
Planning Commission
ATTEST:
Ukt— COW1fA
Robert Cowan
Assistant Planning Director
411
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