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U-1987-52bC" of Cwperti"o 10300 Torre A.enue P.O. Box 580 Cuperrino. CaLlornra 95014 Cupertino, California 95015 Telephone: (408) 252-450S DEPARTMENT Of THE CITY CLERK April 1, 1988 Joy and Tom Fianzella Franzellars Orchard Valley 19770 Stevens Creek Boulevard Cupertino, CA 95014 CM COUNCIL ACTION - APPLICATICH 52-U-87 - FRANZIISAPS This will confirm the action by the City Council at their meeting of February 16, 1988 at which your Application 52-U-87 was approved per the following conditions: ••�U YY • •u•q1 �IY7r'E0r• 7 1 I� 7 ' .IJ•.. •�71•: :�IultY�l 1. APPROVED EXHIBMS The reoommenlation of approval is based on Exhibit Informational and Informational #2, except as may be amended by the Conditions contained in this Resolution. 2. USE LIMITATIONS The applicant is permitted to operate a take-out food service as an incidental component of an existing specialty food store and proposed delicatessen. Take-out food shall be limited to sandwiches, salads, and prepared items, as described in the letter frum Mr. Ralph Brogdon dated January 7, 1988. Cult meats, cheeses, etc., are considered delicatessen items, and as such, are not regulated by this use permit. Indoor seating is not permitted. All takeout food shall be packaged for off -site consumption. Outdoor retailing shall be permitted subject to the following regulations: 1) �: Franzella's shall submit an outdoor retailing plan to the Plann-ing Director. The plan shall consist of a written description of proposed products and display structures, a scaled site plan identifying the location of displays, and if necessary, an elevation drawing or photos. Mie Director shall approve or disapprove the plan based on the policies described below, me Planning Director's decision may be appealed to the Atrhitectural Committee (ASAC) as an informal review item. 2) Display structures shall be of a finished quality and attractive in appearance. Eaarples of finished quality include structures of painted stained wood, metal, or plastic, or "theme" containers. At the Planning Director's discretion, items such as plants and baskets may be hung from the rafters, provided a minimum 8 ft. clearance is maintained over walkways. 3) Location: A minimum six foot clearance shall be maintained from the parking lot curb to displays. Displays shall be located Within 15 ft. of the store's frontage and shall not be permitted at the west side of the building. Outdoor display space, including display structures and walkways between said structures, shall not exceed ten percent of the store's gross square footage. P3mere walkways between displays are necessary, said walkways shall be a minim- 6 ft. 4) Type of Merchandise: outdoor merchandise shall be of a similar nature as item sold within the subject store. 5) Maintenance: Displays shall be maintained in a neat and clean manner. The applicant shall comply with Health Department requirements. 6) Signaag: Signing shall conform to the sign Ordinance. G�VIITMI- a « A trash enclosure shall be installed behind the subject store, subject toPlanning Department approval, prior to issuance of Wilding The refrigeration unit behind the subject store is approved as a temporary unit until the fall of 1989, returning for City Council action at the first meeting in September, 1989, if not removed prior to that time. The applicant may expand. the main building to accamnodate a similar sized indoor refrigerator, provided the expansion is limited to 400 sq. ft., subject to approval of the Architectural and site Approval Cca mittee. The unit shall be screened as indicated on the attached drawing. The expiration date of the use permit is February 16, 1990 (Section 6.4 of Ordinance No. 652 as revised by ordinance No. 1136). Sincerely, 4� DOFDM oMOMLIUS, CHC "tt oc: Department of Planning and Develcpnent Coates and Soward 1725 S. Pasoan Avenue Canpbell, CA 95008 Mr. SmalIcombo 19741 Bixby Drive Cupertino, CA 95014 Mr. Ran Bierman 19781 Bixby Drive Cupertino, CA 95014 Mr. Arthur Fernandez 19711 Bixby Drive Npertino, CA 95014 George and Ru-bam Harris 19731 Bixby Drive Cupertino, CA 95014 Mr. and Mrs. Tamblyn 19721 Bixby Drive Cupertino, CA 95014 Ralph E. Brogdon, Inc. A Professional Law Corp. 10455 Torre Avenue Cupertino, CA 95014 me 6,96mmw3- , rI e BLS -IAA PX Mve IU.-0(- y Vl", to" A.m. Q oe. v6ytsL4 art V'roc, 1 of 0 0 d. Duo & 0, 1 '" ' O 11/47 - 1- 0 IL I ( PR: 12 R Ian NT;'GaTe CO V-SFRI.-r. UNIT L NoUll YLAf j 4N14"V LP 4'04 Trr- Im. Aecen� ACIV --UIAP .......... . a �7- ON of Cupertino 10300 Torre Avenue Cupertino, California 95014 Telephone: (400) 252.4505 OFFICE OF THE CITY CLERK March 14, 1988 Coates and Sowards Attn: Mark Wiminer 1725 S. Basom Avenue, #104 Campbell, CA 95008 CITY COUNCIL ACTION - ORCHARD VALLEY MARKED PLACE P.O. Box 580 Cupertino, California 95015 This will confirm the action by the City Council at their meeting of March 7, 1988 at which a report regarding trash at the subject shopping center was presented to Council. Council directed that the use permit conditions regarding trash enclosures be enforced. Sincerely, DORO'M 0Or0=S, CMC CITY CLERK cc: Department of Planning and Development Mr. and Mrs. Tamblyn 19721 Bixby Drive Cupertino, CA 95014 Mr. and Mrs. Harris 19731 Bixby Drive Cupertino, CA 95014 r 52-U-87 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4023 '17•0 1 li • ■ Nay• •' 71• •71 �- • • ••• ]I' M •• 3 1• ]•• W 1 •• • •I'J • • 7. C 6171 • a •• ••. '.• • • •••• 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 Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finis 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 recommended for appraval, subject to the conditions which are enwrnrated 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 52-U-87 as set forth in the Minutes of the Planning Commission Meeting of January 11, 1988, and are incorporated by reference as though fully set forth herein. Resclution No. 4023 (52-U-87) 1/11/88 Page - 2 - II. PROJECT DATA Application No(s) 52-U-87 Applicant FYanzella's orchard Valley Property Owner Coates and Sowards. Inc. Location: Southeast quadrant. Stevens Creek Hwlmrdrd and Portal Avenue III. CONDITIONS ACMDUSTERED BY THE PIAMI G DEPATMAMM 1. APPRIOVED E RIBITS The recommendation of approval is based on Ed dbit Informational and Informational #2, except as may be amended by the Conditions contained in this Resolution. 2. USE r.rnrrramrONg The applicant is permitted to operate a take-out food service as an incidental component of an existing specialty food store and proposed delicatessen. Take -cut food shall be limited to sandwiches, salads, and prepared items, as described in the letter from Mr. Ralph Brogdcn dated January 7, 1988. art meats, cheeses, etc., are considered delicatessen items, and as such, are rot regulated by this use permit. Indoor seating is not permitted. All take-out food shall be packaged for off -site consumption. Outdoor retailing shall be permitted subject to the following regulations: 1) General: Franzella's shall submit an outdoor retailing plan to the Planning Director. The plan shall consist of a written description of proposed products and display structures, a scaled site plan identifying the location of displays, and if necessary, an elevation drawing or photos. The Director shall approve or disapprove the plan based on the policies described below. The Planning Director's decision may be appealed to the Architectural ccenittee (ASAC) as an informal review item. 2) Anoearance: Display structures shall be of a finished quality and attractive in appearance. Examples of finished quality include structures of painted stained wood, metal, or plastic, or °theme" containers. At the Planning Director's discretion, items such as plants and baskets may be hung from the rafters, provided a miniimm 8 ft. clearance is maintained over walkways. Resolution No. 4023 (52-U-87) 1/11/88 Page - 3 - 3) Location: A minimIUM six foot clearance shall be maintained from the parking lot curb to displays. Displays shall be located within 15 ft. of the store's frontage and shall not be permitted at the west side of the building. Outdoor display space, including display structures and walkways between said structures, shall not exceed ten percent of the store's gross square footage. Where walkways between displays are necessary, said walkways shall be a minimm 6 ft. 4) Type of Merchandise: Outdoor merchandise shall be of a similar nature as items sold within the subject store. 5) Maintenance: Displays shall be maintained in a neat and clean manner. The applicant shall comply with Health Department requirements. ` 6) Signaae: Signing shall conform to the Sign Ordinance, 4. TRASH ENCfDSURE A trash enclosure shall be installed behind the subject store, subject to Planning Department approval, prior to issuance of building permits. 5. REFRIGERATION UNIT The refrigeration unit behind the subject store shall be removed prior to issuance of building permits. The applicant may expand the main building to accommodate a similar sized indoor refrigerator, provided the expansion is limited to 400 sq. ft., subject to approval of the Architectural and Site Approval Committee. PASSED AND ADOPTED this llth day of January, 1988 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: CavISSIONERS: Adams, Claudy, Szabo and Vice -Chairperson Sorensen NAYS: COMMISSIONERS: None ABSTA324: CCMMIISSIONERS: None ABSENT: CCHMISSIONERS: Mackenzie /s/ Robert Cowan Robert Cowan Director of Planning RESS52U87(LB(2)) /s/ Lauralee Sorensen Lauralee Sorensen, Vice -Chairperson Cupertino Planning Commission r The expiration date of the use permit is February 16, 1990 (Section 6.4 of Ordinance No. 652 as revised by ordinance No. 1136). Sincerely, ~ MRO'M OORNE s, CMC CITY CLERK cc: Department of Planning and Develogment Coates and Soward 1725 S. Basocmt Avenue Campbell, CA 95008 Mr. Smallcombe 19741 Bixby Drive Cupertino, CA 95014 Mr. Ran Bierman 19781 Bixby Drive Cupertino, CA 95014 Mr. Arthur Fernandez 19711 Bixby Drive Cupertino, CA 95014 George and Barbara Harris 19731 Bixby Drive Cupertino, CA 95014 Mr. and Mrs. Tamblyn 19721 Bixby Drive Cupertino, CA 95014 Ralph E. Brogdon, Inc. A Professional Law Corp. 10455 Torre Avenue Cupertino, CA 95014 disapprove the plan based on the policies described below. The Planning Director's decision may be appealed to the Architectural Committee (ASAC) as an informal review item. 2) Appearance: Display structures shall be of a finished quality and attractive in appearance. Examples of finished quality include structures of painted stained wood, metal, or plastic, or "theme" containers. At the Planning Director's discretion, items such as plants and baskets may be hung from the rafters, provided a minimum 8 ft. clearance is maintained over walkways. 3) Location: A minimum six foot clearance shall be maintained from the parking lot curb to displays. Displays shall be located within 15 ft. of the store's frontage and shall not be permitted at the west side of the building. outdoor display space, including display structures and walkways between said structures, shall not exceed ten percent of the store's gross square footage. Where walkways between displays are necessary, said walkways shall be a minimum 6 ft. 4) ape of Merchandise: outdoor merchandise shall be of a similar nature as items sold within the subject store. 5) Maintenance: Displays shall be maintained in a neat and clean mariner. The applicant shall comply with Health Department requirements. rements. 6) Signaae: Signing shall conform to the Sign Ordinance. 4. TRASH ENQASURE A trash enclosure shall be installed behind the subject store, subject to Planning Department approval, prior to issuance of building permits. . 5. REFRIGERATION Lrc1I'P The refrigeration unit behind the subject store shall be removed prior to September 18, 1989. The applicant may expand the main building to accommodate a similar sized indoor refrigerator, provided the expansion is limited to 400 sq, ft., subject to approval of the Architectural and Site Approval Committee. The unit shall be screened as indicated on the attached drawing.