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U-1987-18bCftq of Cuperfl"o 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK June 12, 1987 Bahman Mahbod 4072 Beebe Circle San Jose, CA 95135-1007 CITY COUNCIL ACTION - APPLICATION 18-U-87 P.O. Box 580 Cupertino, California 95015 INTERIM CITY HALO 10430 S. DeAnza Blvd. Cupertino. CA 95014 This will confirm the action by the City Council at their meeting of June 1, 1987 at which consideration of your Application 18-U-87 was tabled. Council directed that it be brought back before them when the master use permit revision is held. Sincerely, DORO1W OMMELIUS, CMC CITY CLERK rw encl. cc: Department of Planning atxi Development Bill McBee Oqv tino Sanitary District 20065 Stevens Creek Boulevard Qipertino, CA 95014 Mark winner Trust Ccupany of the West Trustee for TOW III c/o Coates & Sowards 1725 S. Haws¢ Caupbell, CA 95008 Owings & Associates Designers, Inc. 3019 Kilson Dr. Santa Ana, CA 92707 18-U-87 CITY OF CUPERTINO 10430 So. De Anza Boulevard Cupertino, California 95014 RES0IXION No. 3039 REOCMMENDING APPROVAL OF A USE PERMIT FOR AN ON-PRDMSES DINING ESTABLITIM P OWI'AINIM 18 SEATS LOCATED WITHIN A 920 SQ. FT. TFNANr SPACE WITHIN AN EOQST'IM SHOPPING CENTER SECTION I• FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for AmexIment of an existing 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 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 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 is hereby recomme- xled for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the suboonclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 18-U-87 as set forth in the Minutes of the Planning Commission Meeting of May 26, 1987, and are incorporated by reference as though fully set forth herein. RESOLMON ?Io. 3039 (18-U-87) 05/26/87 Page - 2 - SECTION II: PROTECT DESCRIPTION Application No(s) 18-U-87 Applicant: Batman Mahbod Property Owner: Trust Centmanv of the West Location: Southeast corner of Stevens Creek Bouleva_d and Portal Avenue SECTION III• CONDITIONS AUM SrERED BY THE PLANNING OEPARTMFNP 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A-1 and B of Application 18-U-87, except as may be amended by the conditions contained in this Resolution. 2. TRIP/ACRE CONSTRAINT The Recommendation of approval is based on the subject restaurant occupying 920 square feet of gross floor area, generating 2.76 trip ends. Figure 1 shall be attached to this Resolution, and shall establish the rumbas of surplus trips remaining to the site, given the tenant mix and degree of vacant' appearing therein. 3. PARi@IG Prior to camnencement of the approved use, the property owner shall restripe the parking area to provide two (2) additional parking stalls. The dimensions and location of said parking stalls shall be subject to prior approval by staff. 4. USE CONSTRAINT The subject Use Permit authorizes operation of an on -premises eating establishment with 18 seats and two employees per shift. Flouts of operation shall be limited from 9 AM to 11 PM daily. All food and beverage products shall be provided to customers in returnable containers, and served with returnable tableware. 5. SERVICE YARD MAtU�GEtgSlT A) Prior to commencement of the subject restaurant use, the shopping center owner shall implement the definitive management plan for the service corridor at the rear of the Center, as generally described in the letter of May 20, 1987 frotn Coates and Sowards, incorporated by reference in this condition. Monitoring of oanpliance with topics A-2 and A-3 on Page One of said letter shall be the direct responsibility of the property manager and shall not be delegated to contract personnel. The property manager may designate an employee to undertake monitoring and enforcement activity, subject to approval of the Planning Director. RESOLDTIOif No. 3039 (18-U-87) 05/26/87 Page - 3 - 5. (Cont'd.) B) Prior to expiration of the subject Use Permit, the property owner shall obtain City Council amendment of the Use Permit for Orchard valley Marketplace as follows: 1) incorporate the above -mentioned management plan with conditions for the Center as a whole, in addition to linking said management plan to 18-U-87. 2) Modify Condition 23 (1) of 16-U-76 (Rev) to allow operation of take out food service establishments. 3) Prohibit location of new food service tenants in that part of the center which directly adjoins the gated portion of the rear service corridor C) If resident c=nplaints persist regarding abuse of the service yard area, staff may take appropriate action through the City's Code Enforcement process, and possible public nuissance abatement. 6. USE PEFOM REVIEW The subject Use Permit for the 920 sq. ft. restaurant shall be subject to monitoring and review during the first six months of the restaurant's operation to ascertain compliance with limitations on take out activity and to ensure that activities associated with said restaurant do not exacerbate problems identified with the Shopping Center's service yard area. Staff findings of non compliance shall be subject to Code Enforcement action and possible initiation of a Use Permit revocation hearing. 7. TIME LSNIIT The subject use permit shall remain valid for a period of six (6) months. Said Use Permit shall become permanent upon completion of the Shopping Center Use Permit amendments detailed in Condition 5 of this Resolution. PASSED AND ADOPTED this 26th day of May, 1987 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: CCK41SSIONERS: Szabo, Adams, vice-Chr. Sorensen NAYS: COMMISSIONERS: Claudy ABSTAIN: COIIISSIONERS: None ABSENT: CSMMffSSIONERS: Chr. Mackenzie 4 Ual /s/ Robert Cowan /s/ Lauralee Sorensen, Vice -Chairman Robert Cowan Lauralee Sorensen, Vice-chairman Director of Planning Cupertino Planning Commission 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK July 15, 1987 Bateman Mahbod 4072 Beebe Circle San Jose, CA 95135-1007 �- MY COUNCIL ACTION - APPLICATION 18-U-87 P.O. Box 580 Cupertino, California 95015 This will confirm the action by the City Council at their meeting of July 6, 1987 at which your Application 18-U-87 was approved per the following conditions: •• • • • •• 7r• 71• I t • 71• . ••Iul3.l The recommendation of approval is based on Exhibits A-1 and B of Application 18-U-87, except as may be amended by the Conditions contained in this Resolution. 2. TRIP/ACRE C0NS1RkM The applicant shall submit a traffic report prepared by a traffic consultant demonstrating the subject eating establishment will not generate more than 5.35 trip ends. side trips must be docwnented in the report, but may be excluded from the final trip factor. A minim= of 1.2 trips per 1,000 sq ft. shall be reserved for the remaining 6,050 sq. ft. of vacant space (7.26 trip ends). 3. PARKQIG Prior to commencement of the approved use, the property owner shall restripe the parking area to provide two (2) additional parking stalls. The dimensions and location of said parking stalls shall be subject to prior approval by staff. 4. USE CONSI'RAIRr The subject Use Permit authorizes operation of a take-out eating establishment as described in Exhibit A-1 of this application. A maximum of 18 seats and two employees per shift are permitted. Hours of operation shall be limited from 9 AM to 11 PM daily. 5. SERVICE YARD MANAGII�TP A) Prior to coamencement of the subject restaurant use, the shopping center owner shall implement the definitive management plan for the service corridor at the rear of the Center, as generally described in the letter of May 20, 1987 from Coates and Sowards, incorporated by reference in this condition. Monitoring of compliance with topics A-2 and A-3 on Page One of said letter shall be the direct responsibility of the property manager and shall not be delegated to contract personnel. The property manager may designate an employee to undertake Monitoring and enforcaTent activity, subject to approval of the Planning Director. B) If resident complaints persist regarding abuse of the service yard area, staff shall take appropriate action through the City's Code Enforcement process, and possible public nuisance abatement. The expiration date of the use permit is July 6, 1989 (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, k�'rX- YY MR1= COFOU US CITY CLERK encl. oc: Department of Planning and Development • Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 Owings & Associates Designers, Inc. 3019 Kilson Dr. Santa Ana, CA 92707 Virginia Tamblyn century Medallion 10370 S. Dekiza Blvd., Ste. 3E Cupertino, CA 95014 Mark WimTer 1725 S. Bascom Ave. Campbell, CA 95008 Trust Ccupany of the West Trustee for TCW III C/O Coates & SMTdrds 1725 S. Bascom Campbell, CA 95008 - in - 41 0 FU OOK PLAN b EQUIPMENT LAYOUT PLAN a4J4fU#J rUHdoD _ xa.[ 114 1-0 I FL OAWINJ MAHGoh, El F EME, 0 WORK P.F.MA ffmowr COUNTLF, APr-A. IL F3i-o' IPMENT Lb-,Y(::iUT FL,&,N' wit, 6 T r, t C I, C7 11 9 mirs-rIT46 9r.v Roev, Ip ft4 v-, w ( 14p.ppr-14 IWIPA-r, ;,- cc p4*4V T,,- �k m UO is !.%T PrW C i 6rtt6e P 7s el E=Fi [ tr. !IV Pr—, Xr io.00 IL MW twzw fit' I W.plto.� —Floor Plan Cr cc - Orchard Valley Market Place Stevens Creek Blvd. and Portal Ave. eta4