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