U-2005-17bI
10300 Torre Avenue
f Cupertino, CA 95014
CITY OF (408) 777-3308
EkT I N 0 FAX (408) 777-3333
Community Development Department
September 30, 2005
Mr. Larry Yamaoka
Yamaoka Development, Inc.
505 S. Pastoria Avenue
Sunnyvale, CA 94086
SUBJECT: PLANNING COMMISSION ACTION LETTER U-2005-17, ASA -
2005 -12
This letter confirms the decision of the Planning Commission, given at the
meeting of September 27, 2005, approving a use permit and an architectural site
approval to operate and make exterior changes to a restaurant and family
entertainment center at an existing shopping center (Chuck E. Cheese), located at
19805 Stevens Creek Blvd., according to Planning Commission. Resolutions Nos.
6325 and 6326.
Please be aware that if these permits are not used within a two-year period, they
shall expire on September 27, 2007.
Also, please note that an appeal of this decision can be made within 14 calendar
days from the date of this letter. If this happens, you will be notified of a public
hearing, which will be scheduled before the City Council.
Sincerely,
Colin Jun
Senior Planner
Cc Alice Winters, CEEC Entertainment, Inc., 4441 W. Airport Freeway, Irving, TX
75062
G: \ Planning � Post Hearing � Action Letters � 2005 � action letter u200517, asa200512.doc
U-2005-17
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6325
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO OPERATE A RESTAURANT AND FAMILY
ENTERTAINMENT CENTER IN AN EXISTING SHOPPING CENTER AT 19805
STEVENS CREEK BOULEVARD
SECTION 1: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
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 approved, 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
No. U-2005-17 as set forth in the Minutes of the Planning Commission Meeting of
September 27, 2005, and are incorporated by reference as though fully set forth herein.
Resolution No.6325 U-2005-17 September 27, 2005
Page 2
SECTION 11: PROJECT DESCRIPTION
Application No U-2005-17
Applicant- Alice Winters (Chuck E. Cheese)
Location: 19805 Stevens Creek Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Chuck E
Cheese's/Store #786/19625 Stevens Creek Blvd./ Cupertino, CA 95014" dated
09/21/05 and consisting of 5 sheets labeled CS. A0.0, A4.0, A9.0 and a colored
elevation dated September 19, 2005, except as may be amended by the Conditions
contained in this Resolution.
2. APPROVAL OF LAND USE
Approval is granted for a 300 -seat restaurant with an associated entertainment
center, featuring up to 90 coin-operated games and rides in an existing commercial
building.
3. ENTRY DOORS
Any entrance door shall be oriented toward the Stevens Creek Boulevard frontage.
Doors designated for public use on the north and west sides of the building shall be
signed and equipped for emergency exit only and be consistent with local building
and fire codes.
4. BUILDING DESIGN CHANGES
The logo parapet wall and signage shall be centered on the front elevation.
5. LANDSCAPING CHANGES
The applicant shall rehabilitate the landscape strip along Portal Avenue between the
rear property line and building front, adding new landscaping where there are holes
and providing a low -profile shrub row near the top of the berm. Landscaping shall
also be incorporated along the west building elevation. The landscape plan shall be
reviewed and approved by the Community Development Director concurrent with
a building permit application
6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written notice
Resolution No.6325 U-2005-17 September 27, 2005
Page 3
of a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90 -day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90 -day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
7. NOISE CONTROL
Applicant shall contract with an acoustical consultant to provide a noise report
evaluating Chuck E. Cheese's exterior noise levels and interior noise levels in
adjacent tenant spaces and compare the levels to City noise standards. Typical noise
levels should be measured in an existing Chuck E. Cheese's restaurant of a
construction type comparable to the Cupertino tenant space. Recommended noise
mitigation measures shall be incorporated into tenant improvement plans submitted
to the City.
Applicant shall also sign the parking strip abutting and parallel to the residential
property line, prohibiting parking between the hours of 9 p.m. and 7 a.m.
8. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to
the City Sign Code. Applicant may apply for a sign exception as needed.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT,
9. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Division of the Public Works Department prior to building permit
approval.
10. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in your grading and street improvement plans. Erosion and or
sediment control plan shall be provided.
Resolution No.6325 U-2005-17 September 27, 2405
Page 4
PASSED AND ADOPTED this 27tH day of September 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote::
AYES:
COMMISSIONERS:
Chairperson Wong
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Chen, Giefer, Vice -Chair Miller, Saadati &
/ s/ Steve Piasecki
Steve Piasecki
Director of Community Development
G: CupertinofPl anrtinglPDReport/RESIU-2 005-17
APPROVED:
/s/ Gilbert Wong
Gilbert Wong, Chairperson
Planning Commission
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SEPTEMBER 21, 2005 AmTRG%M
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Exterior & Interior Remodel
September 19, 2005