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U-1986-20 (Amended)b20-U-86 (Amended) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4328 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RE02 M MIM APPROVAL OF AMENEM NP TO CONDITION 2 OF USE PERMIT 20-U-86 TO INCREASE THE FLOOR AREA, AND SEATING LIMITS FOR RESTAURANT OCCUPANCY IN THE OAKS SHOPPING CENTER SECTION I• FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for Use Permit amendment, 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 Commission finds 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 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 odate the proposed use. c) That the proposed use will not generate a level of traffic over and above 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 uses, nor injurious to property and improvements in the neighborhood. 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 amendment is hereby recommended for approval, 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 are contained in the Public Hearing record concerning Application 20-U-86 Amended as set forth in the Minutes of the Planning Com¢dssion Meeting of February 25, 1991, and are incorporated by reference as though fully set forth herein. Resolution No. 4328 (20-U-86 Amended) 02/25/91 Page - 2 - SECTION II • PRCaTECT DESCRIPTION Application No(s): 20-U-86 (Amended) Applicant: JM Properties Co. - Oaks Shomira Center Property Owner: Pacific Acquisitions Corp. Location: 21269 Stevens Creek Blvd. Dy 4. • 00 a YY 0 �uUJ YY71: it M:I as tt h/YY 6..1. .4 10 D Dl. The rec m:rendation of approval is based on Dchibit A of Use Permit 20-U-86 (Amended), except as may be amended by the Conditions contained herein. 2. MODIFICATION OF RESTAURANT RDJtJIRIIIII4I5 Condition 3 of Use Permit 20-U-86, as stated in the City Clerk's letter of 08/27/86, is hereby amended to reflect a maximum restaurant floor allowed on 27,000 s.f. and a maximum of 880 seats. r ••,a •a• rala Condition 2 of Use Permit 20-U-86, as stated in the City Clerk's letter of 08/27/86, is hereby amended to reflect a minimum required parking space inventory of 558 spaces. Eighteen (18) additional parking spaces beyond the existing inventory of 540 spaces shall be provided through restriping in accordance with City standard dimensions, subject to staff approval prior to installation of additional seating beyond the 800 seat limit stated in 20-U-86. In the event that the developer/owner cannot accommodate the required total mmber of parking stalls through restriping, the subject use permit amendment shall be returned to the Planning CMmiiission for further review. The Commission may reduce the authorized number of additional restaurant seats if a satisfactory parking solution is not demonstrated. 4. TREE PRESERVATION/REMMIATION Based on the findings of the arborists' reports of 10/22/90, 12/12/900 01/21/91 and 02/12/91, the property owner is authorized to remove specimen Oak trees labeled 1, 2, 3 and 4 on the diagram dated 02/25/91. Said trees shall be replaced with Oak trees in accordance with a specific, written replacement plan to be provided to and approved by staff prior to installation of any new restaurant seating authorized under the subject Use Permit amendment. Resolution No. 4328 (20-U-86 Amended) 02/25/91 Page - 3 - The tree replacement document shall include a precise, scaled drawing depicting the location of the replacement specimen scale tree (min. 8" caliper, field -dug Oak in -box for one year min.), the location of clear soil area required around the tree, the location of pervious surface in the drip line area, and the total number of existing parking spaces removed. The City Council may authorize delay in the timing of replacement if water conservation demands of the present drwght condition would so require. MNI• a-.. 0 15 a SEWTS - •-1 O Within ninety (90) days of the effective date of the subject Use Permit Amendment, the property owner shall obtain ASAC approval of a comprehensive landscape plan and inventory/remediation plan for all existing specimen trees present on the entire site, exclusive of those authorized by the City for removal. The recommendations of the remedation plan shall be subject to formal review by the Architectural and site Approval Committee with final approval by City Council. Said plan shall identify suitable areas for tree placement where no trees currently are founds. PASSED AND ADOPTED this 25th day of February, 1991, at a Regular Meeting of the Planning Commission of the City of Cupertino, state of California, by the following roll call vote: AYES: ocmusSIONERS: Mahoney, Austin, Fazekas, Mann, Chr. Mackenzie NOES: COMMISSIONERS: None ABSBUN: CovMISSIONERS: None ABSENP: Cot-MSSIONERS: None 1s/ Robert Cowan Robert Cowan Director of community Development peresos/rso20uamd /s/ Donald Mackenzie _ Donald Mackenzie, Chairman Cupertino Planning Commission 0" of Cupertino 10300 Aare A,, n— Cupertino. CA 95014.3255 Telepi,one: (408) 252.4505 FAX. 14081 252-0753 DEPARTMENT Of THE CITY CLERK March 6, 1991 JMB Properties 3521 20th Avenue, Suite 300 San Francisco, California 94132-1915 r,ECEIVED STONESTOWN GALLE R' P.O. Box 580 Cupertino. CA 95015.0580 = COUNCIL ACTION - APPLICATION NO. 20-U-86 (AMENDED) - USE PERMIT AN•3FSNLTUM TO INCREASE AIWAED RESTAIJRANT SEATING FRCH 800 TO 880 AND TO ALLOW PMVVAL OF Z r=G SPECIMEN OAK TREES; LOCATED CARS SHOPPING CENTER At their regular meeting of March 4, 1991, the Cupertino City Council granted a Negative Declaration and approved your amendment per Planning Commission Resolution No. 4328 with the following Cor3ditions: SECTION IV: CONDITIONS AEMWISTERED BY THE Cam7NIT'Y DEVELOPMENT DEPT. 1. Q EXHIBITS The recoInz endation of approval is based on Exhibit A, of Use Permit 20-U-86 (Amended), except as may be amended by the conditions contained herein. 2. MODIFICATION OF RESTAURANT RDOUIRII9;NI5 Condition 3 of Use Permit 20-U-86, as stated in the City Clerk's letter of August 27, 1986, is hereby amended to reflect a maximum restaurant floor allowed on 27,000 sq. ft. and a maximum of 880 seats. 3. PARKING REOULREMEV 5 Condition 2 of Use Permit 20-U-86„ as stated in the City Clerk's letter of August 27, 1986, is hereby amended to reflect a minimum required parking space inventory of 558 spaces. Eighteen (18) additional parking spaces beyond the existing inventory of 540 spaces shall be provided through restriping in accordance with City Standard dimensions, subject to staff approval prior to installation of additional seating beyond the 800 seat limit stated in 20-U-86. In the event that the developer/owner cannot aeootmnodate the required total number of parking stalls through restriping, the subject use permit amendment shall be returned to the Planning Ccmmnnission for further review. The Conmmission may reduce the authorized number of additional restaurant seats if a satisfactory parking solution is not demonstrated. In lieu of returning to the Planning Cmmnission, the owner may voluntarily reduce the authorized number of restaurant seats by an amount equal to four seats reduction for each space less than 558 being provided. 4. TREE P7P,TION/RII�DIATION Based on the findings of the arborists' reports of October 22, 1990, December 12, 1990, January 21, 1991, and February 12, 1991, the property owner is authorized to remove specimen Oak trees labeled 1„ 2, and 4 on the diagram dated February 25, 1991. Said trees shall be replaced with Oak trees in accordance with a specific written replacement plan to be provided to and approved by staff prior to installation of any new restaurant seating authorized under the subject Use Permit ammxbr nt. The tree replacement document shall include a precise, scaled drawing depicting the location of the replacement specimen scale tree (min. 8" caliper„ field -dug Oak in -box for one year min.), the location of clear soil area required around the tree, the location of previous surface in the drip line area, and the total number of existing parking spaces removed. The applicant shall prepare a sketch depicting a device proposed to support and maintain Tree No. 3. The sketch shall be presented for approval by the City Council no later than April 1, 1991. Upon Council's approval, the applicant shall install the device and retain the oak specified as Tree #3 on the diagram dated February 25, 1991. • Y21'.4 Y:21 jai i��;7a„la IY Within ninety (90) days of the effective date of the subject User permit Amerxtaent, the property owner shall obtain ASAc approval of a comprehensive larriscape plan and inventory/remediation plan for all existing specimen trees present on the entire site, exclusive of those authorized by the City for removal. The reccumendations of the remediaticn plan shall be subject to formal review by the Architectural aryl Site Approval C=mittee with final approval by City council. Said plan shall identify suitable areas for tree placement where no trees currently are found. Please review conditions carefully. If you have arry questions regarding the conditions of approval please contact the Department of coammurity Development staff members for clarification. �•'.• Y ••'1 171 • M M N cc: Department of Cammmity Development Department of Public Works Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 Corporate & Cormwrcial Services, Inc. Attn: Mimi Scoppettone 131 Carlton Ave., Ste. 102 Ins Gatos, CA 95032 Pacific Acquisitions, Inc. 3521 20th Ave., Ste. 300 San Francisco, CA 94132-1915 Craig Glimmer The oaks Center 3521 20th Ave., Ste. 300 San Francisco, CA 94132-1915 Barbara Arens Barton-Aschman Assoc., Inc. 100 Park center Plaza, #450 San Jose, CA 95113 David McKay 3521 20th Ave., Ste. 300 San Francisco, CA 94132-1915 '•v . � •1T 3• 9S N p N N h \ J. l LF X hi31T ! I 17COMPACT SPA C� 3 4f 0 TOTAL SPACES MARY i3pe�1 ��p QV:M al J a 26 145 2G� 37 S STEVEKIS CREEK bLVO V el M y 4 y 1 PARKING .,CDT,7-,REourtGURaTtll1 e1111J.aco cit4 of euperti"o 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: 1408) 2S24505 FAX: 1408)252-0753 DEPARTMENT OF THE CITY CLERK April 2, 1991 David Mackey The Oaks Center 3521-20th Avenue, Suite 300 San Francisco, California 94132 P.O. Box 5w Cupenino, CA 95015-0580 CITY COUNCIL ACTION - APPLICATION 20-U-96 (AMF =) - JMP PROPFTMM - APPROVAL OF DMCE TO SUPPOW AND SAVE TREE NO. 3, OAKS STOPPING CFNPER At their regular meeting of April 1, 1991, the CiTpertino City Council continued consideration of this item to the regular meeting of May 6, 1991. If you have any questions regarding this action, please contact this office. Sincerel DOROQIiY S CITY CLERK DC/cs oc %Dept:: of.. Q�mnulity: Developalent -. Citt4 of Curcrthio 10300 Tune Avenue P.O. Box 500 Cupenmo. CA 95014-3255 Cupertino. CA 95015.0580 ielrpbatc: (408) 252.4505 FAX- (400( 252-0753 DH'ARIMFNT Of THE CITY CLERK May 9, 1991 JMB Properties CoEipany 3521 20th Avenue, Suite 300 San Francisco, California 94132-1915 CITY COUNCIL ACTION - APPLICATION 20-U-86 (AM MED) - APPROVAL OF DEVICE TO SUPPORT AND SAVE TREE NO. 3, OAKS SHOPPING CT3`1'M At their regular meeting of May 6, 1991, the Cupertino City Council continued this item to their regular meeting of June 3, 1991. If you have any questions regarding this action, please contact this departrnent. Sincerely, . cs DOROTHY S, CMC _ CITY CLERK cc: Deparbnent of Community Development David Mackey The Oaks Center 3521 20th Avenue, Suite 300 San Francisco, California 94132-1915 Cit-4 of CuPerti"o 10300 Torre Avenue Cupertino, CA 95014.3255 Telephone: (408) 252.4505 FAX: (408) 252-0753 DEPARTMENT OF THE CITY CLERK June 5, 1991 JMB Properties Company 3521 20th Avenue Suite 300 } San Francisco, California 94132-1915 P.O. Box 580 Cupertino, CA 95015-0580 CITY COUNCIL ACTION - APPLICATION 20-U-86 (AMENDED) - APPROIVAL OF DEVICE TO SUPPORT AND SAVE TREE NO. 3, OAKS SHOPPING CENTER At their regular meeting of June 3, 1991, the Cupertino City Council approved the process to save the tree as outlined by the Mayne Tree Expert Cot>pany, Inc. in their letter of April S. If you have any questions regarding this action, please contact the Department of Community Develogrent staff mmbers for clarification. Sincere fir, DCRtOrISiY OCRHELIi1S, CND CITY CLERK cc: Department of Community Development Department of Public Forks David Mackey JMB Properties Company 3521 20th Avenue, Suite 300 San Francisco, CA 94132-1915 Barbara Arens Banton-Aschman Assoc., Inc. 100 Park Center Plaza, Ste. 450 San Jose, CA 95113 Craig Gumner Tile Oaks Center 3521 20th Avenue, Suite 300 San Francisco, CA 94132-1915 Mimi Scoppettone Corporate rk Commercial Service 131 Carlton Ave., Ste. 102 Ins Gatos, CA 95032 City of Cuperti"o 103M Torre Avenue Cupertino, CA 95014.3255 Telephone: 1408) 252-4505 FAX: 1408) 252-0753 COMMUNITY DEVELOPMENT November 13, 1991 'W Properties C-pany Attention: David Mackey 3521 - 20th Avenue, Suite 300 Sian Francisco, CA 94132-1915 Subject: Application 20-U-86(Amen>ded) - JM Properties Co. P.O. Box 580 Cupertino, CA 9501S-OS80 Zhis letter will confirm the decision of the Architectural and Site Approval OaT1mttee given at its regular meeting of November 12, 1991. The subject application was approved per the conditions specified in the enclosed copy of ASAC Resolution No. 1655. This application has been forwarded to the city council for final review and will be placed on the consent Calendar at their meeting of November 18, 1991. Sincerely, CITY OF CUPE RTM40 I1a11as R. Robillard Planner II Ehcl. cc: Pacific Acquisitions Corp. asac/jmb20u86 Cit4 of Cupertino 10300 Torre Avenue Cupertino. California 95014 Telephone: ON)252-4505 DEPARTMENT Of THE CITY CLERK November 20, 1991 David Mackey ObS Properties Company 3521 20th Avenue, Suite 300 San Francisco, California 94142-1915 P.O. Sol 500 Cupertino. California 95015 CITY COUNCIL ACPICN - APPLIOMCN 20-U-86 (AM MED) - RB=M FYR REVIEW AND APPFDVAL OF A CUIPREHENSIVE LANDSCAPING PLAN AMID nMNT(=/REMMIATICN PLAN FIOR ALL EXISTING SPECIMEN 'TREES IACATED AT AN EXISTING RETAIL CENTER; SITE IS IACATED AT THE NORTHWEST CORNER OF STEVENS CREEK BOULEVARD AMID b2M AVENUE At their regular meeting of November 18, 1991, the Cupertino City Council approved your application per Architectural and Site Approval Committee Resolution No. 1655 with the following conditions: 1-8) Standard Architectural and Site Approval CcnTdttee conditions to the extent that they do not conflict with the special conditions listed herein. In the event of conflict, the specific conditions listed herein shall prevail. 9) The approval is based upon tree managaTlent plan and site/tree location dated November 12, 1991, letter from Corporate Commercial Services dated Septeffbe r 30, 1991, and tree replacement plan dated April 3, 1991, except as may be amended by conditions enumerated herein. 10) The grates over the proposed trenching shall be monitored and maintained in good condition so as to avoid the soil from being compacted. Please review conditions carefully. if you have any questions regarding the conditions of approval please contact the Department of Cot�uLity Development staff manbers for clarification. sin 1 D IR OM 7r�, c2 c r CITY CUM cc: Department of Cm unity Development Department of Public Works 20-U-86(Amenied) RESOLUTION NO. 1655 OF 711E ARC ITECIIPAL AND SITE APPROVAL CCWr1TEE OF THE CSTY OF CUpFImm R9WE9 IIIG APPROVAL OF A CO14PR31E1SIVE LANDSCAPING AND INVENTORY/ REMLDIATION PLAN FOR ALL TREES AT AN FOISTING RETAIL CENTER. APPLICANT: 3MB Properties Company PROPERTY OWNER: Pacific Acquisitions corporation APPLICANT'S ADDRESS: 3521 20th Avenue,1300, San Francisco, CA 94132-1935 PRQTDCT LOCATION: 21269 Stevens Creek Boulevard FINDINGS: The Architectural and Site Approval Committee finds as follows with regard to this application: 1) That the ooWrehensive tree management plan provides a course of action which will reasonably protect and enhance the condition of all trees on the site. CONDITIONS: 1-8) tiha*r7arA Architectural and Site Approval Committee conditions to the extent that they do not conflict with the special conditions listed herein. in the event of conflict, the specific conditions listed herein shall prevail. 9) 'Ie approval is based upon tree management plan and site/tree location plan dated November 12, 1991; letter from Corporate Commercial Services dated September 30, 1991; and tree replacement plan dated April 3, 1991 except as may be amended by conditions enumerated herein. 10) The grates over the proposed trenching shall be monitored and maintained in good condition so as to avoid the soil from being compacted. PASSED AND ADOPTED this 12th day of November, 1991 at a regular meeting of the Architectural and Site Approval committee of the City of Cupertino, State of California, by the following roll call vote: AYES: MEMBERS: Hoxsie, Lim, Weber, Lavios NAYS: MEMBERS: ABSTAIN: MEMBERS: ABSENT: MEMBERS: Jackson ATTEST: APPROVED: /s/ 'Thomas R. Robillard /s/ Robert Hoxsie Thomas R. Robillard Robert Hoxsie, vice Chairperson Planner II Archit. & Site Apprvl. Cm=. asac/r20u86