U-1987-36bCites of Cuperti"o
10300 Torre Avenue
P.O. Boa SBO
Cupenino, California 95014 Cupertino, California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
August 26, 1987
Dan Brunello
Le Boulanger
310 Main Street
Los Altos, CA 94011
CITY COUNCIL ACTION - APPLICATION 36-U-87 - STEVENS CREEK BOULEVARD EAST
OF DE ANZA BOULEVARD
This will confirm the action by the City Council at their meeting of
August 17, 1987 at which your APPlication 36-U-87 was approved per
Planning Ccmmdssion Resolution No. 3073.
Sincerely,
DORf7M CORNELIUS, CMC
CITY CLERK
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cc: Department of Planning and Development
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
DeAnza Properties
1037 S. Mary Avenue
Sunnyvale, CA 94087
36-U-87
CITY OF CUPERTINO
10430 S. De Anza Boulevard
Cupertino, California 95014
RESOIUTICN NO. 3073
OF ME FTANNI14G CCKwU4SI0N OF 'IHE CITY OF CUPE=10
REOCKM DING APPROVAL OF A USE PERMIT TO OPERATE
A 2800 SQUARE F0OT EATING FSTABLISHMUM WITH
52 SEATS AND INCIDENTAL TAFE-GUr OPERATION
SECTION I• FINDINGS
WHEREAS, the Planning Coamission of the City of Cupertino received an
application for a 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 Oa=issicn 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, T4i 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 reoccuenled for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subconnclusicrns upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 36-U-87 as set forth in the Minutes of the Planning
Carmdssicn Meeting of August 10, 1987, and are incorporated by reference
as though fully set forth herein.
RESOLUTION NO. 3073 (36-U-87) 8/10/87
PAGE - 2 -
SECTION II • PftWECT DESCRIITTION
Application No(s) 36-U-87
Applicant: Le Boulamer
Property Owner: De Anza Properties
Location: North side of Stevens Creek Boulev= 500 f*
east of De Anza Boulevard
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The recamnendaticn of approval is based on MKhibit A of Application
36-U-87, except as may be amended by the Corxiiticns contained in this
Resolution.
Approval is canted to operate an approximately 2800 square foot
eating establishment with a maximum of 52 seats. Retail food sales
may also be permitted in conjunction with the eating establishment.
Take-out food operation shall be incidental to sales of food for
consumption on premises and retail food sales.
This use permit authorizes an parking deficit of an additional three
spaces at the shopping center. The Planning Commission reserves the
right to reduce the number of seats on premises should a parking
shortage arise in the future. The applicant shall submit a letter
acknowledging and agreeing to this condition prior to issuance of
tenant improvement permits.
4. TRIP OONSIRAINT
Land Use intensity for this shopping center shall be limited to an
intensity that will not generate more than sixteen (16) one way trips
per acre during the peak traffic hour. For purposes of ensuring
compliance with the Traffic Intensity Performance standard, the
following accounting of trips is hereby incorporated into the project
approval:
TRIPS GENERATED BY SITE: 55.1
TRIPS ALLOCATED TO PRU7EX.T SITE: 55.9
SURPWS TRIPS: 0.8
RES0I 011 NO. 3073 (36-U-87) 8/10/87
PAGE - 3 -
In the event that a development does not utilize the full 16 trips per
acre allotted by the trip end performance standard, the owner of
record shall have the ability to retain, sell or transfer trips with
other property owners within the the Traffic Intensity Performance
Standard Area. All sales or transfers of trips shall be filed with
the Director of Planning and Development and the City Clerk. No sale
or transfer shall be considered finally consummated until a Use Permit
has been approved for the property to which the trips are to be
applied.
The developer shall record a covenant to describe the trip acre
constraint and the total number of trips allocated to the particular
development at the time of development approval. The covenant shall
appropriate wording to suggest that future purchasers of the property
consult the individual Use Permit file to obtain an updated status
report of the total number of trips allocated to each particular
property.
- 5. MDIFICATION OF APPROVED DEVELO MFIr FLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Commission.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning Commission for approval. If
the changes are denied by the Planning Commission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission, an appeal may
be made to the City Council by any interested party. Further, any
Member of the City Council may request a hearing before the City
Council regarding said approved charges. Said request shall be made
within ten (10) days from the date of approval of said charges by the
Planning Commission.
PASSED AND ADOPTED this loth day of August, 1987 at a Regular Meeting of
the Planning Commission of the City of Cupertino, State of California by
the following roll call vote:
AYES: CCFMSSIONERS:
Adams, Claudy, Sorensen, Szabo and
Chairman Mackenzie
NOES: COMMISSIONERS:
None
ABSTAIN: 024 IISSIONERS:
None
ABSENT: CCM IISSIONERS:
None
AT
/Robert Cowan
/ ssl Donald Mackenzie
�sl
Robert Cowan
Donald Mackenzie, Chairman
Director of Planning
Cupertino Planning Commission
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