U-1987-45b& ON of Cuperti"o
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252.4505
DEPARTMENT OF THE CITY CLERK
May 20, 1988
Carl Rarrher Enterprises, Inc.
1200 N. Harbor Blvd.
Anaheim, CA 92801
CITY COUNCIL ACTION - APPLICATION 45-U-87
P.O. Box 580
Cupertino, California 95015
This will confirm the action by the City Council at their meeting of May
16, 1988 at which your Application 45-U-87 was approved per Planning
Commission Resolution No. 4050.
The expiration date for the use permit if May 16, 1990 (Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
Siny, � .
Na-� )zzJc,,
DOROM CORNELIUS, CMC
CITY CLERK
cc: DepartBent of Planning and Development
Bill McBee
Cgpertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
John Waddell
4432 Enterprise St., Spaces U & V
Fremont, CA 94538
Joseph P. Franoo
2277 Al= Rock Avenue
San Jose, CA 95116
45-U-87
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUPION NO. 4050
OF THE PLANNING C"aSSION OF THE CITY OF CUPERTINO
raXX11 MING APPROVAL OF A USE PERMIT TO CONSTf3KT AND
OPERATE A DRIVE -UP SERVICE WINDOW AND VEHICLE LANE
AT AN EXISTING TAKE -GUT RESTAURANT
SECTION I• FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolutions
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) miat 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, THMUDRE, 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 rec=wrled 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 and contained in the Public Hearing record
concerning Application 45-U-87 as set forth in the Minutes of the Planning
Commission Meeting of May 9, 1988, and are incorporated by reference as
though fully set forth herein.
RESOLUTION NO. 4050 (45-U-87) 05/09/88
PAGE - 2 -
SECTION II: DESCRIPTION OF PRQ7ECT
Application No(s) 45-U-87 and 46-EA-87
Applicant: Carl Karcher Enterorises
Property Owner: Franco
Location: Southeast corner of Homestead Fad and Franco Ct
SECTION III • CONDITION AD=STERED BY THE NJHLSC WORKS DEPAR rnTFarr
street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications as required by the
City Engineer. Said requirement may extend to provision of a second
left turn lane westbound at the Hcmestead/De Anza intersection.
Curbs and gutters, sidewalks and related structures shall be
installed in accordance with grades and standards as specified by
the City Engineer.
3. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the
City Engineer. Lighting fixtures shall be positioned so as to
preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted
by the zone in which the site is located.
4. FIRE HYC&tANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the
City.
•� •tea.
Street trees shall be planted within the Public Right of way and
shall be of a type approved by the City in accordance with Ordinance
125.
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125.
REQOIITPION NO. 4050 (45-U-87) 05/09/88
PAGE-3-
Drainage shall be provided to the satisfaction of the City Engineer.
The developer shall oanply with the requirements of the Underground
Utilities Ordinance No. 331 and other related Ordinances and
regulations of the City of Cupertino, and shall coordinate with
affected utility providers for installation of underground utility
devices. The developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior
approval of the affected Utility provider and the City Engineer.
• •.'1�/71 • Y 1.'F • c!i717y17i�
The project developer shall enter into a development agreement with
the City of Cupertino providing for payment of fees, including but
rat limited to checking and inspection fees, storm drain fees, park
dedication fees and fees for undergrourling of utilities. Said
agreement shall be executed prior to issuance of construction
permits.
NY ��'�. MY v • .4••J ]I• �.
11. APPROVED =BITS
The recc mlendation of approval is based on Exhibits A, B, and Info.
of Application 45-U-87, except as may be anwzxled by the conditions
contained in this Resolution.
The subject Use Permit authorizes construction and operation of a
drive -up service window and related site improvements. All
conditions of Planning Commission Resolution 1474, except Condition
17, shall remain in full force and effect. In instances of
conflict, the conditions cited herein shall prevail.
13. QJRBING
The developer shall provide a continuous curb between the parking
stalls on the south edge of the site and the stacking lane along
with appropriate railings to prevent vehicle overhang into the
circulation area. Said solution shall be subject to staff approval
at the building permit stage.
RESOLUTION 140. 4050 (45-U-87) 05/09/88
PAGE - 4
14. NOISE OONTROL
No sound emitted from the menu order board, or other related public
address system shall be audible beyond the limits of the restaurant
site.
15. LANDSCAPING
The developer shall retain a qualified arborist to evaluate the
condition of the specimen trees currently adjoining the building,
and determine their suitability for relocation on the site. Final
decision on the requirement to relocate any or all of said trees, or
to require replacement of any or all of said trees with specimen
scale substitutes shall rest with the Architectural and Site
Approval Committee prior to issuance of building permits.
Sign information for the proposed menu board and directional devices
shall be subject to separate review and approval by the
Architectural and Site Approval Committee.
17. MODIFICATION OF APPROVED DEVELOH4FNr PLAN
In the event that the applicant or subsequent property owner shall
desire to snake 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 changes. Said request shall be made
within ten (10) days from the date of approval of said changes by
the Planning Commission.
18. STACEIM LANE DESIGN
The U-Shaped access stacking lane is not approved. The developer
will prepare an "L-Shaped" lane alternative, and a serpentine shaped
lane alternative, and present said alternatives for ASAC final
approval in conjunction with the site landscape plan.
The ASAC shall evaluate stacking capacity, parking lot impacts and
select the appropriate design alternative.
RESOLUPIQQ NO. 4050 (45-U-87) 05/09/88
PAGE-5-
PASSED AND AMP= this 9th day of May, 1988 at a Regular Meeting of the
Planning Cc=J ion of the City of Cupertino, State of California, by the
following roll call vote:
AYES: 0Or4umia ERS: Adams, Claudy, Mackenzie, Szabo, and
amirperscn Sorensen
NOES: C344rMICNERS:
ABSTAIN: O34CWICNERS:
ABSENT: OMCMIONERS:
/a/ Robert S. Cowan
Robert S. Cowan
Director of Planning
RS045U87 (PS)
/s/ Lauralee Sorensen
ISural.ee Sorensen, Qlairpersm
Cupertino Planning ommission
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EQUIPTIMENT FLOOR PLAN