U-1984-26b •
2b U-84 •
•
RESOLUTION NO. 2596
•
OF THE PLANNING COMMISSION OF THE CITY OF CUPERT I NO
RECOMMENDING THE APPROVAL OF A 1 ,400 SO. FT.
EXPANSION OF AN EXISTING 3,500 SO FT. RESTAURANT
AND A REVISED PARKING PLAN ON THREE PARCELS.
APPLICANT: Fontana 's Inc. (Mr. Allen Byer)
ADDRESS: 20840 Stevens Creek Boulevard, Cupertino,
California 95014
SUBMITTED: November 2, 1984
LOCATION: South side of Stevens Creek Boulevard approximately
900 ft. east of Stel l inq Road.
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings set forth on Page 1 and
subconcl usi ons as set forth in the !Minutes of the Planning
Commission Fleeting of January 14, 1985
CONDITIONS:
1-15. STANDARD CONDITIONS
Standard Conditions to the extent that they do not
conflict with special conditions enumerated hrein. In
the event that a conllict does exist, the special
• conditions as enumerated herein shall apply.
16. APPROVED-EXHIBITS
That recommendation of approval is based on Exhibits A
2nd Revision , B 1st Revision and B-1 of Application
26-U-84 except as may be amended by special conditions
enumerated herein.
17. APPROVED . CONSTRUCTION
Approval is for a 1 ,400 sq. ft. expansion of an existing
3,500 sq. ft. restaurant for a total floor area of 4,900
sq. ft. and resulting in a total of 128 seats and 13
employees. • Seating and number of employees may be
increased if required parking can be provided..
18. LAND_USES
Approval is granted to• operate a full service restaurant
with beer and wine available with meals, but without a
separate bar. Hours of operation may be expanded to a
maximum of 7: 00 a. m. opening to 2: 00 a. m. closing.
19. RECIPROCAL INGRESS/EGRESS EASEMENTS
The applicant shall record a covenant on the three
subject parcels, which would obligate existing and
future property owners to enter into reciprocal
ingress/egress easements over the driveway areas. The
covenant shall require recording of the easements upon
sale or transfer of any of the affected parcels.
1
•
." • RESOLUTION NO. 2596 (CONTINUED) 26--U-84
Additionally, a covenant shall be recorded on the three
parcels agreeing to provide reciprocal ingress/egress
110 easements with the parcel located to the south and east
at such time as the City can require participation by
the property owner.
20. PARKING EASEMENT
The applicant shall record a covenant obligating
existing and future property owners to grant easements
which provide sufficient parking for existing businesses
and Fontana's expansion. The covenant shall require
recording of the parking easement upon sale or transfer
of the affected parcels.
21 . ARCHITECTURAL AND SITE APPROVAL COMMITTEE REVIEW
A detailed landscape plan shall be submitted to the
Architectural and Site Approval Committee for informal
review and approval . Colors and materials shall be as
approved at the Committee meeting on November 26, 1984.
�. MODIFICATION OF APPROVED DEVELOPMENT PLAN
In the event that the applicant or- subsequent property
owner shall desire to make any minor changes, alteration
or amendment in the approved development plan or
building permit , a written , request or revised .
411 development plan or building permit shall be submitted
to the Director of Planning and , Development. If the
Director makes a finding that the changes are minor and
do not. affect the general appearance of the area, the
Director may certify the change on the revised plan. If
such approval is withheld, the 'applicant may appeal to
the Planning Commission. If the changes are material ,
the Director shall submit the change to the Planning
Commi scion for approval . If the change is denied by the
Planning Commission, the applicant may appeal to the
City Council as provided in City Ordinance No. 652. If
the change is approved, an appeal may be made by an
interested party. Further, any member of the City
Council may request a hearing before the City Council ,
said request to be made within ten (10) days from the
date of approval - when the change has been approved by
the Planning Commission.
PASSED AND ADOPTED this 14th, day of January, 1985, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll tall vote:
AYES: Commissioners Adams, Mackenzie; Sorensen, Szabo and
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
TTEST: AP OV
James H. Sisk J rn C1 audy', Cha:i rmAg
Planning Director ' lanning Commiss
y
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