U-1986-20b10300 Torre Avenue
Cupertino, California 95014
Telephone: 1403) 252-450S
OFFICE OF THE CITY CLERK
August 7, 1986
The Stoneson Development Corp.
3150 20th Avenue
San Francisco, CA 95132
CITY COUNCIL ACTION - 20-U-86
P.O. sox 500
Cupertino, California 95015
This will confirm the action by the City Council at their meeting of
July 21, 1986 at which your Application 20-U-86 was approved per the
following conditions:
OONDITIONS OF APPROVAL AIINIISTERED BY THE PLANNING DEPARTMENT
1. APPROVED E}OiLBITS
The rec= mendation of approval is based on Exhibits A, A-1, A-2
and Info. of Application 20-U-86 except as may be amended by
special conditions enumerated herein.
2. RESTRIPING
The applicant/owners shall restripe the parking aisles to
increase parking yield to approximately 532 parking spaces. she
restriping plan be subject to staff review and approval and shall
be approved and implemented prior to issuance of the final
Occupancy Permit for the former Sandpiper or by May 1987,
whichever occurs first.
3. USE I�iLTATION
Hours of operation shall be limited from 6 a.m. to midnight for
retail shops, and 6:00 a.m. to 2:00 a.m. for restaurants.
"Sit-down" restaurants within the center are permitted a maximum
of 20,400 sq. ft. and a maximum of 800 total seats. A minor
adjustment in restaurant size may be permitted when it is
demonstrated that the total is not exceeding the above numbers.
No dancing, entertainment or live music is permitted. The
replacement restaurant for the former Sandpiper building may
continue to have a separate bar facility not to exceed the
seating of the form bar. Theaters are limited to approximately
ll,000 sq. ft. of building area and a maximum of 900 seats.
4. GENERAL, oIXRCIAL ORDINANCE
New uses or reuse of space within the Oaks Shopping Center shall
be limited to uses allowed without the securing of a use permit
under the City's General Commercial Zoning Ordinance or any
successor. All other uses not addressed in Condition No. 3 above
shall require use permit review and approval.
5. FU7= PARKING PROBI xMS
In the event of future parking problems caused by a deficit in
parking spaces to cover uses in the Oaks Center, the Planning
Commission reserves the right to hold a public hearing at any
time to review this use permit and to impose measures to mitigate
the problems. Examples of some of the measures which may be
imposed are as follows:
a. Organize an employee car pooling/van pooling program.
b. Reconfigure the parking arrangement to increase parking
Yield, possibly including modifications of curb and driveway
islands.
c. Limit future uses to low traffic generating comztercial uses
or uses which do not attract customers during periods which
are impacted by excessive parking demand.
-', d. Adjust uses, through attrition, to less intensive uses or
uses which do not generate activity during impacted periods.
f. Modify existing uses upon expiration of their leases to
decrease activity during impacted periods.
g. Restricting hours of future leases.
6. MINOR ARCH ECIURAL MODIFICATIONS
Architectural modifications to accommodate new tenants shall be
submitted to and approved by the Architectural and Site Approval
Ccimnittee. The applicant may appeal decisions of the Committee
to the City Council.
7. MODIFICATION OF 7HE APPRO= DF.MDPMENT PLAN
In the event that the applicant or subsequent property owner
shall desire to make any minor change, alteration or amendment in
the approved development plan or building permit, a written
request and revised 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 or the interests of
owners of property within or adjoining the development 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 said changes to the Planning Commission for approval. If
the change is denied by the Planning Commission, the applicant
may appeal to the City Council as provided in Ordinance 652 of
the City of Cupertino. If the change is approved, an appeal my
be made by an interested party. Further, any member of the City
Council nay 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 Commmissicn.
The expiration of the use permit is July 21, 1988 (Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
Sincerely,
DOR01HY CORDS
C=C CLERK
rw
cc: Departnent of Planning and Development
Bruce Detweiler
21269 Stevens Creek Boulevard
Cupertino, CA 95014
APPLICATION 20-U-86
RESOU=ON•2823
OF 1 1 PLVWM C"ff.SSICN OF 7HE CITY OF C(JPM=IO
IMOMMIDING APPROVALOF MSTM USE • a / TIO ALLOW
�Wl • /
tCERFAS, the Planning Commni.ssicn of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WEREAS, the applicant(s) has met the burden of proof required to support
said application; and
vanalF;A/.S, the Planning Camiissicn finis that the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plan of
the City of Cupertino, and are not detrimental to existing uses
or to rises 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 neighborhood.
• .IDI-r71.19 a -,�.. �.
That after careful consideration of naps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby reoccmended for approval, subject to the condition which are
enumerated in this Resolutions begiuming on Page 2 thereof; and
BE IT FLJRIHER RESOLVED:
That the subeonrlusicns upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 20-U-86, as set forth in the Mimrtes of the
Planning Commission Meeting of July 14, 1986, and are incorporated by
reference as though fully set forth herein.
RESO=CN M. 2823 (20-iT-86) July 14, 1986
PAGE-2-
Application No(s) 20-U-86
Applicant: Stoneson Develo meet Cforroration
Property owner: Same
Location: oaks Shooairs Center. north side of
Stevens Creek Boulevard, bounded by Mary
Avenue and Hic1hway 85
The recammerdation of approval is based on Exhibits A, A-1, A-2 and
Info. of Application 20-U-86 except as may be amended by special
carditicros enumerated herein.
1,-nPW-
The applicant/owners shall restripe the parking aisles to isx tease
parking yield to approximately 532 parking spaces. The restriping
plan be subject to staff review and approval and shall be approved and
implemented prior to issuance of the final Occupancy Permit for the
former Sandpiper or by May 3-987, whichever occurs first.
3. USE r,rMrmnTrt
Haas of operation shall be limited from 6 a.m. to 12 p.m. "Sit-down"
restaurants within the center are permitted a maximm: of 20,400 sq.
ft. and a maximum of 800 total seats. A minor adjustment in
restaurant size may be permitted when it is demonstrated that the
total is not exceeding the above r=bers. Theaters are limited to
approximately 11,000 sq. ft. of building area and a maximnn of 900
seats.
!1271yi_ ••. i lip M i. •1'1• /• Y
New uses or reuse of space within the Oaks Shopping Center shall be
limited to uses ally ed without the securing of a use permit under the
city's General Cmuercial ZenuV Ordinance or any successor. All
other uses not addressed in Cxaditicn No. 3 above shall require use
permit review and approval.
RESOU=CN NO. 2823 (20-U-86) July 14, 1986
PAGE - 3 -
In the event of Diture parking problems, the Planning ctmmission
reserves the right to hold a public hearing at any time to review this
use permit, and the applicant hereby agrees to implement any or all of
the following measures or other measures as deemed necessary to
mitigate said problem:
poolinga. Organize an employ— car pooibn/van program.
b. Reconfigure the parkarrangement increase
parking t parking
Yield, possibly including modifications of curb and driveway
islands.
C. Limit future uses to low traffic generating commercial uses
or uses which do not attract customers during periods which
are impacted by excessive parking demani.
d. Adjust uses, through attrition, to less intensive uses or
uses which do not generate activity during impacted periods.
e. Implement a system to police the parking lot and keep out
motorists attending other functions and facilities outside
of the oaks shopping Center.
f. Modify existing uses upon expiration of their leases to
decrease activity during iq-zted periods.
g. Restricting hours of future leases.
6. MINOR ARCHrIECIVRAL MODIFICATIONS
Minor architectural modifications to accommodate new tenants shall be
submitted to and approved by the Architectural and site Approval
Committee. The applicant may appeal decisions of the Cmnittee to the
City Council.
In the event that the applicant or subsequent property owner shall
desire to make any minor change, alteration or amendment in the
approved development plan or building permit, a written request and
revised 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 or the interests of owners of property within or adjoining
the development 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 said charges to the Planning Cmmu-ssion for approval. If
the change is denied by the Planning Commission, the applicant may
appeal to the City Council as provided in ordinance 652 of the City of
Cupertino. If the change is approved, an appeal my 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.
RESOLIT.MCN NO. 2823 (20-U-86)
PAGE -4-
JU1y 14, 1986
PASSED AND ADOPTED this 14th day of July, 1986, at a regular meeting of
the Planning C==issicai of the City of Cupertino, State of California, by
the following roll vote:
AYES: CUOMSSIONERS: Adams, Mackenzie, Claudy, Chr. Szabo
NAYS: CC 2MWIC)NERS: None
ABSTAIN: COMMIS.SICNEFS: None
AHSEW: CCKUMIMEEFS: Sorensen
/s/ Robert S. Cowan
Robert S. aman
Plarring Director
RE520MU86(B-5)1Vm
/s/ Nicholas Szabo
Nicholas Szabo, C+Airma +
Planning cmmission
PLAINNING2 COMMISSION I
CITY OF CUPF.MINO I
APPLICATICIJ
EXHIBIT— A
L ! PIC RESOLUTION No.
} DATE:
340 STANW9.L y9A_E;
117 C(IMFACT SPA?
12 5 537 TOTAL 59A' I
MAKV AVE
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STEVEUS CREEK 6LV0
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PARK MC. Lo RECOAIFILURATION
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n+EArRe 1 2 3 4 1713
MALL
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' I i Y _ OF G � �' _ - : r. • LY. — \ 8 'e} 3 4 SANDPIPERSANDPIPER(1 ' i �, i n 1 e�•�
'.1CATI0 NO PA=4o
:IT
40'. '0' 1002005CALE
TENANT �_• - ••_~ Sa.FT. DATE TENANT 50 Ft DATE- - -
1 ; GlftsUnique'' j 1200 4 'Vogue Alley — -- -�_1400
2 ,Space Avallablo 1600 _ B, 5 I -
3 ' Malke•Sage i .1600 6 i--
1 ' SwensensIce Cream
6 0
6'(1103'E'S i-- I
2 SweetEntlings
750'.
7 i .- ---d spLI-- - — •--- -
-7 icor.:;Tlned r:p_ira;___ 13L00 I__
3 • liu_==tarc Pewter
800
— -- --
8 ;OpticcllySpeaking i 600 1
.1 °_The RunningTtirrad -
-. 780-
--_-9•j•----------•-
ij —
5 , SlorcAvallablo
1600
2: ShlaenNaturolFccds
3 r Bluz Kh fuoiiF6c
kies.
1170
1200•
D
Boo "'1 -3200
5 RocquetSports11 1200
6 SoPlhla'sfFashlo
Fashions '1200
i_
1 'Oaks Theaters 11000 a
1 Senor Pepes - -� 1 T3720 I
E
�3f Acorn Flowers"'°:� "-8—
4
t
1 I'-agel:Ycrks i" 2200 I
_.
11
l BrassNail
750
2 j The Shire -----_ _ _
t 1°CO 1
12
1 Store Available'
750
3 : Snaan Available 1 1500 j.
13
Oaks Cleaners'
750
1 i (_al_s Mult._Oiiice-_1_-.750 1
14
CeIflcShoppe
750,
5 Soma Available i _ 750
6 .Space Availcble I 1500
F
15,
16
Oakslravel
Toshlkos
750
750
7 ; VI.F?Pnntm i 930 •
17
',OaksHalrSolon-
3 1 S;Tacc Available --
11C0 .. ._
18.
'Rod Otto Menswear
1900
-9 lAi�nlghi5un — j_-750 _f_..
.. _
10 ? Store Avallable -
19
20
.Space Available
750
owners•developers: leasing office:
STOOOo• cdlilo(MTd D%40. " 21259 Stevens c�er-rknbatvd:
5014
415)564-4000
564.4000
(C08) 253.1440
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Oaks Confer
Cuperlillo, Cal'IC11113
1 Ila sfa:wscll 1Io'.CIj;:m.uIII Cup.
3150 29!!l Avom!o
Sm F'r-ndsco CA 9.1132
Y-oar d Phdo: 1983
v.
2- W.
Ste ►ns Crock Blvd.
'AN . W.
nbrook Apts.
alks Cei ter
P
u,
Do Anza Co
s:
B A 1) 1
(Industrial Are,
(ENDORSED)
F1 L E D
'i 0 1986
GRACE K. YAMAKAWA
40untY Clara
S.M.C:lala COunly
UY
L
Application 20-U-86
Stoneson Development Corporation
At their meeting of July 21, 1986, the City Council of the City of
Cupertino considered the request for a use permit filed by Stoneson
Development Corporation. The project is located in the Oaks Shopping
Center on the north side of Stevens Creek Boulevard, bounded by Mary
Avenue and Highway 85.
The project is described as a master use permit to allow two new
restaurants of approximately 3,500 and 9,500 sq. ft. in addition to
40,000 sq. ft. of existing commercial space, 7,500 sqa ft. of
existing restaurants, and 9,000 sq. ft. of existing theaters.
The decision of the City Council was to approve said project. The
planning Commission, by filing a Negative Declaration on this project
on July 23, 1986 has determined that the project will not have a
significant impact upon the environment and therefore, no
Environmental Irpact Report has been prepared. The Negative
Declaration has been prepared pursuant to the provision 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.
�1
Dorothy Corner
City Clerk
City of Cupertino
F,..• • JI,II � (I 19gfi 16;ough �'C J� — .
a ; r C16"O of In. County Clerk
Gr; ;p °. Y+.;�10k,.ea
Cluk
L
67
Zquly „ .
0
CITY OF CUPERTIN0
NEGATIVE DECLARATION
JULY 21, 1986
As provided by the Environmental Assessment Procedure, adopted by the City
Council of the City of Cupertino on May 27, 1973, and amended on March 4,
1974, January 17, 1977, May 1, 1978, and July 7, 1980, the following
described project was chanted a Negative Declaration by the City Council
of the City of Cupertino on July 21, 1986.
PROJECT DESCRIPTION AND LOCATION
Application 17-EA-86
Application No(s) 20-U-86
Applicant: Stoneson Development Corporation
Property Owner: same
Location: Oaks Shopping Center, north side
of Stevens Creek Boulevard, bounded
by Mary Avenue and Hiahwav 85
DISCRETIONARY ACTION
Master Use Permit to allow two new restaurants of approximately 3,500 and
9,500 sq. ft. in addition to 40,000 sq. ft. of existing commercial space,
7,500 sq. ft. of existing restaurants, and 9,000 sq. ft. of existing
theaters.
FINDINGS OF DECISI0NMAFING HODY
The City of Council granted a Negative Declaration since the. project is
consistent with the General Plan and has no significant environmental
impacts.
S
Robert Cowan
Planning Director
J0
CERTIFICATE OF THE CITY CLERK
This is to certify that the above Negative Declaration was filed in the
office of the City Clerk of the City of Cupertino on 1986.
City Clerk
NEG18EA8 (B-4) lvm