U-1983-41 (rev)b41-U-83
WAYNE JOHNSON
(McDONALD'S)
CLTY CF CUPERT1210
APPLICATION FCFM
^+
10300 TORRE AVENUE
FILE NO.(S)
CUPERIINO, CALIFuRvIA 95014
(4CS) 252-4505
E.A. NO.
APPLICAPR'/PFWECT ssx2iSOR L���yn
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ADCRESS ,9i3c v -
LDCATION OF PRaTEcI' /0990
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A. P.N. -3 2 G -
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DESCRIPTION OF PROPOSAL mac
' to-4yPCA cc' r,O cX) 5
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PRO
ACREAGE �STz17G GROSS �NET OROSS
[WELLING UNITS
DENSITY PER GROSS ACRE
SQLWZ FOUTA6E/�.
Lar COVERAGE (i OF NET LOT AREA) z-? 9 2 3 9
nooR AREA RATIO (F.A.R.)
PARI@!G
-RD5U AR J /
-03NPACr
-HANDICAPPED l
-BICYCLES
LANDSCAPE AREA (PERCE2NT216E) 3.y `.. .3A Y
EiTimm HEIGHT 19-11
TYPE OF APPLICATON FE S1
[J ZoNINCIPPEZCNING MISCELtANEOPS APPLICATIONS
[J USTENZATIVE MAP [l -EXCEPIICN/SIGN EXCEPTION $ 160
[J -SUBDMSION MAP (5 OR MORE LOTS) [J -SIGNS $ 120
[7 -PARCEL MAP (4 OR FEWER IONS) [] -ASAC $ 160
-LOT CONSOL.IDATICH [7 MINfR � $ 14
[ J GENERAL PLAN AFII�2OMM [ J
LSMTTID APPLSCCAAT1';�CN2 0
C) VARIANCE$ 940
[J EXCEPTION (EXCLI)DING SIGNS) FULL APPISCATICN*
ARC ITECTVRAL AND SITE APPROVAL [] TENTATIVE MAP $ 970
[J -SIGN PROGRAM -USE PERMIT $ 965
[ J -SIGN EXCEPTICN [ ) -ZQNI NG/�N&INAL PLAN AMEND. $ 1,060
[ J -OTHER MAJCR I*
[J FNVnrAL REVIEW [J -TE"rk= MAP $ 970 BASE
[ J AMEN[ MU TO PRIOR APPROVAL (] -USE PERNIT $ 965 RASE
[) INTERPRETATION OF MINOR AMFSNL2gM [7 -ZCNINC/GENERAL PLAN AMEND. $ 1,060 BASE
Notes: 1. See "Suzy of User Fees" for additional information.
2. canbined projects which are processed simultaneously will be classified based
on the highest rating.
CERTIFICATICN
I certify that the foregoing statements are true and m zect to the best of my )aswledge
and belief. I understand that a misrepresentation of any sulmitted data may invalidate
an approval by the Plarming 03=1 sion or city Council of this application. I vradirstand
that the application may be withdrawn if I or my authorized representative is not present
at the scheduled meeting(s), or if a written request for postpaimment has been presented
to the Planning Ommissirn or off iew board. I have read and understand the
Plaming Coavdasion instruction�eet, ! �discusssd this application with the Public
works' staff and r t pub i re*Urmunts associated with this
Pt1• un� /.
APPLICANT'S SIGNATURE �w ( DATE /
I declare under penalty, perjury that I am the owner of said property or have Power of
Attorney framsaid pmparty owner and that I consent to the abo�i% application.
E0026 28
NOTICE OF DETERMINATION
APPLICATION 41-U-83 (REVISED)
WAYNE JOHNSON
MCDONALD'S CORPORATION y
At their meeting of July 6, 1992, the City Council of the City of Cupertino coif `S�
an application for a use permit Wayne Johnson (McDonald's Corporation, prope{ty
owners). \
The project is described as a use permit to allow an 875 sq. ft. outdoor play yard and
seating for an existing restaurant. The project is located at 10990 N. Stelling Road.
The decision of the City Council was to approve said project. The Planning
Commission by filing a Negative Declaration on this project on December 14, 1992 has
• determined that the project will not have a significant impact upon the environment and
therefore, no Environmental Impact Report has been prepared. The Negative
Declaration has been prepared pursuant to the provisions of State and City guidelines.
A copy of said Negative Declaration is available in the Office of the City Clerk, 10300
Torre Avenue, Cupertino, California.
Roberta Wolfe
Deputy City Clerk
City of Cupertino
ON of <<1Tnrtina
I01M tom A.enue
C1rpr•rtuio. CA 95014.3255
trlrpho— (+08) 251-4505
t1\ 14081252-0751
CFFICE CF TM CITY CIEM
July 22, 1992
V� IS®
Wayne Johnson
12380 S. Saratoga -Sunnyvale Road #1
Saratoga, California 95070
P.O. Boa 580
Cupertino. CA 95015.0580
CITY COUNCIL ACrICN - APPLICATION NO. 41-U-83 (REVISED) AND 42-FA-92 -
WAYNE JOMSCN (M OMMI S CORPORATION) - USE PERrIIT TO ALLOW A PLAY YARD
AND CUIDOOR SEATING; SITE IS LOCATED AT 10990 NOM SELLING ROAD
At their regular meeting of July 6, 1992, the Cupertino City Council
approved granted a Negative Declaration and approved your application per
Planning amnission Resolution No. 4410 with the following conditions:
F 1 1• .I• r I4►�t ��ta:.•.��v a�l�
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer his memrandum dated April 6, 1992.
�.
Drainage shall be provided to the satisfaction of the City Engineer.
Surface flow across public sidewalks may be allowed in the R-1, R-2
and R-3 zones unless storm drain facilities are deemed necessary by
the City Engineer. Development in all other zoning districts shall be
served by on site storm drainage facilities connected to the City
storm drainage system. If City storm drains are not available,
drainage facilities shall be installed to the satisfaction of the City
Engineer.
3.
The project developer shall enter into a improvement agreement with
the City of Cupertino providing for 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 executed prior to issuance of construction permits.
SECPICN IV: OCNDITICNS AL2tINISTERED BY THE C—CM ITY DEMO-ag= DEFT.
:VW_A J> I ty WW VIK
The recommendation of approval is based on the Exhibits titled
McDonald's Corporation: Playland Addition, Plan Set, 6 sheets dated
June 18, 1992, except as may be amended by the conditions stated in
this Resolution.
5. MODIFICATICN OF APPROVED DEVEIDPh1E W 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 written request or revised development
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 effect 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 Cammission, 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 fran the date of approval of said changes by the
Planning Commission.
6. PREVICUS CO&DITICNS OF APPRf7VAL
A11 conditions of approval for use permit File No. 41-U-83 remain in
effect except as may be amended by the conditions stated in this
Resolution.
7. SEAT
A maxi:mnn of 110 seats, including outdoor sets, is approved by this
use permit revision.
Please review conditions carefUUy. If you have any g"tims rung
the conditions of approval please contact the Dq=13 rnt of amity
DevelDp0ent staff m mbers for crlarification. Failure to .inaXp=ste
conditinos into your plan set W311 result in delays at the plan
stage. If development conditions require tree p�vatioos, do not �
on
the site until required tree protection devices are installed.
The expiration date for the use permit is July 6, 1994 (Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
Sincerely, �
DORaMr C10MI , CS7C
CITY CLERK
cc: Department of Camunity Development
Department of Public Works
Bill McBee McDonald's Corporation
Cupertino Sanitary District 2480 North First St., #220
20065 Stevens Creek Boulevard San Jose, Ch 95131
Cupertino, CA 95014
41-LU-83 (Revised)
CM OF CUPEiir=
10300 Torre Avenue
Cupertino, California 95014
UY(aa.)m�
OF UIE PLANNING C VaSSION OF THE CITY OF CLIPFRrIND
PEOoMMEN2 ING APPROVAL OF USE PERMIT REVISION TO ALILW
AN 875 SQUARE FOOT OUIDOOR PLAY YARD AND OUMOOR
SFATnn FM AN EXISMr. PMIALMANP.
SECTION I• FINDIMS
WHEREAS, the Planning Co mni ssion of the City of nm�r tim 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 ission' finds that the application meets the
folla✓ing requirements:
a) That the use or uses are in conformance with the General Plan of
the City of Cupertino, arri are not detrimental to existing uses
or to uses specifically permitted in the zone in which the
proposed use is to be located.
b) Zhat the property involved is adequate in size and shape to
accommodate the proposed use.
c) what the proposed use will not generate a level of traffic over
and above that of the capacity of the existing street system.
d) Miat the proposed use will not generate parking demand over and
above that of the parking supply available.
e) Zhat 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.
?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 auditions which are
Prnmerated in this Resolution beginuiing 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 4-U-83 (Revised) as set forth in the Minutes of the
Planning ct m; lion Meeting of June 22, 1992, and are incorporated by
reference as thahgh fully set forth herein.
Resoluticn No. 4410
41-U-83 (Revised) July 6, 1992
Page -2-
SECPION II: PIMTE7CT
DESCRIPTION
Application No(s):
41-U-83 (Revised). 4-EA-92
Applicant:
wayM Johnson
Property Owns:
Mc Donald's Corporation
IacationI
10990 N. Stellig Road
SDCPION III: CONDITIONS
ACMQU ERED BY THE PUBLIC WOMM DEPATnNn"
1.
Curbs and gutters, sidewalks and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer in
his mem=w-dims dated April 6, 1992.
2. DRAINPGE
Drainage shall be provided to the satisfaction of the City Engineer.
Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3
zones unless storm drain facilities are deemed necessary by the City
Engineer. Develcpnent in all other zoning districts shall be served by on
site storm drainage facilities cmmwcted to the City storm drainage
system. If City storm drains are not available, drainage facilities shall
be installed to the satisfaction of the City Engineer.
The project developer shall enter into a improvement agreement with the
City of Cupertino providing for 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 executed
prior to issuance of construction permits.
CITY ENGINEER'S CERTTFICATE OF
ACCEPIANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.10 CA Gov't. Code)
I hereby certify that the engineering and surveying conditions specified in
Section III of this Resolution conform to generally accepted engineering
practices.
Isl Bert Viskovich
Bert Viskavich
Director of Public Works
SECPION IV: CONDITIONS ACMINISTFRED BY THE CCMJNITY DEVELDPMENP DEPAZMEN17
The reccumnendation of approval is based on Exhibits titled Mc Donald's
Corporation: Playland Addition, Plan Set, 6 sheets dated June 18, 1992,
except as may be amended by the Conditions contained in this Resolution.
Resolution No. 4410 41-U-83 (Revised) July 6,
1992
Page -3-
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 written request or revised development plan shall be
submitted to the Director of Planning and Development.. If the Director
makes a furling that the charges 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 Ccom ssicn.
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 Ccasmission, the applicant may appeal to the City
Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Camission, 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 requesst shall be made within ten (10) days
fry the date of approval of said changes by the Plarmitg commission.
All conditions of approval for use permit File No. 41-U-83 remain in effect
except as may be amended by the Conditions contained in this Resolution.
WMNR`MI
A maxim= of 110 seats, including outdoor sets, is approved by this use
permit revision.
The open fence design is approved as shown on the plan set. The overall
height, colors and signage are subject to further Architectural and Site
Approval Ccnmittee review with specific direction to reduce the visual
obtrusiveness of the play equipment and prohibit additional signage.
Resolution No. 4410 41-L-83 (Revised) July 6, 1992
Page -4-
PASSED AND ADOPTED this 22nd day of June, 1992, at a Regular Meeting of the
Planning-iion of the City of Wpertino, State of California, by the
following roll call vote:
AYES: Ca IISSICNERS: Austin, Mackenzie, Mahoney, Mann & Chairman Eazekas
NOES: CCiTIISSICNfRS: '
ABSTAIN: COt4ffSSIONERS:
ABSENT: C34KL SICKERS:
/s/ Robert Cowan
Robert Cowan
Director of Community Development
peresos/rev41U83
ls/ Daryl Fazekas
Daryl Fazekas, Chariman
Cupertino Planning Coamission
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UNIT ELEVATIONS
SCALE: 1/8'' z-- 1'-011
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LEGEND
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FOUR SEAT TABLE (BY OTHERS)
i% 4�
�t .04
RONALD McDonald STATUE c.
SOFT'
SECOND LEVEL THIRD LEVEL (BY OTHERS)
PLAY
UPPERLEVEL PLANS SPRING RIDER (BY OTHERS) Soft NY, 1rurporated
MI -1 mar4ark Blid
Charlotte, NC�282116
SCALE: 1/8 1 -0
0 FENCE (SEE NOTE BELOW)
!Fs fax 5WHUM 19
REQUIRED MINIMUM AREA FOR
McDonald's APPROVED HIGH IMPACT ALi 0.4 W30A AMAMcPA"
SURFACING. INCLUDES AREA FROM
PERIMETER OF SOFT PLAY UNIT
TO DASHED LINE.
AND IX COWI: InV RECOMMENM AREA FOR McDonald's W OV,4 ILOW 0�
APPROVED HIGH IMPACT SURFACING. AMWgVM Q0 FUM
INCLUDES AREA FROM -PERIMETER um ffiv OR ammom 10 wmuch,
OF SOFT PLAY UNIT TO DASHED Fft OA COWOMXk" AM
LINE.
SLIDING SQUARES
DIMMUM ANDCOPT04 ON THE
JOB SnE AND T"d OFF" MW K
❑ SPINNING CIRCLES 001104104 PAO cocoon mm
Ekf "em mvv�w am" A "Odau:
/VERIFY GATE
LOCATION McDonald's SIGNS TO BE c SOFT PLAY INC.
0 0 0 0 0 0 —07 MOUNTED FOR MAXIMUM
F VISIBILITY. FINAL LOCATION
0 Go
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71. 11 TO BE DETERMINED BY
- - OWNER/OPERATOR.
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0 SNEAKER KEEPER.
i> 00 0 FINAL LOCATION
SIDE ELEVATION
35 0-0 0
TO BE DETERMINED 0
CID o BY OWNER/OPERATOR.
4'-0" P 0 6
LOCKED CLEANING
0 EN TRY
cu
`` 08 j INACCESSABLE AREA
(4'-0" MIN. REQ.
c p
0 C) 0 FOR ACCESS.)
1 A,0 - 1` I -
-7
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1117.
NOTES: INTENT OF DRAWNG(S)
RB'-O" SHOW LOCATION OF EQUIPMENT
TO BE PROVIDED BY SOFT PLAY INC,
ALL OTHER EQUIPMENT, FURNISHINGS,
ETC. ARE SHOWN FOR INFORMATION 0
III PURPOSES ONLY AND ARE NOT 0
F - PROVIDED BY SOFT PLAY INC. 0C
C�
�TAL AREA 'RECOMMENDEDwwr....... I Iz_-
FOR TOP 7WTm HIGH VERIFY SIZE, LOCATION, AND 0
IMPACT SURFACING IS I r CLEARANCES OF ALL EQUIPMENT
360 SQ. FEET 'I I ¢ OTHER THAN TP+AT PROVIDED w
I BY SOFT PLAY INC.
............. McDonald's APPROVED SURFACING
7'- 3
IS TO BE APPLIED TO AREA AS DOW
7RIFY OR SHOWN OVER CONCRETE SLAB. 26/92
L C TIO
C30 L ATI Scale
Cm C113 Cw SLOPE OF CONCRETE SLAB 1/4 11=lf_0pfx
SUPPORTING UNIT SHALL NOT
EXCEED 1/4" PER FOOT. omwn
CADD/SEK
TOTAL PLAY YARD TO BE FENCED Checked f
IN COMPLETELY (BY OTHERS).
RESTAURANT OVERALL VVN1rC' TO BE kAIN11"111A
PLAYPLACE SITE PLAN
SCALE: 1/4" = 1'-011
OF 6'-0" HIGH, WITH NO SHARP Unit
TR
EDGES OR POINTS. ACCESS TO
PLAY AREA FROM THE RESTAURANT pmposal -400
ONLY IS RECOMMENDED. 226-96
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SEATING
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OFF SITE
jLWAa Ftzl4A!G
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SUMMARY
EXISTING
1/0 MAX.
18 MAX.
PROPOSED
110 MAX.
18 MAX.
JOINT USE OF HOMESTEAD CTR.
17 17
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.McD0NALD.,,._'S CORPORATION
1
PLAYLAND
10999 STEELING
CUPERTINO, CALI
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VICINITY MAP
TABLE OF CONTENTS
S HEET
TITLE SHEET
EXISTING SITE
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