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U-1987-54b0tv of Cupertino 10300 Torte Avenue Cupertino, California 95014 Telephone: (408) 252.4505 DEPARTMENT OF THE CITY CLERK Febnlary 8,: 1988 Garrett Shingu P. O. Boot 1581 Monterey, CA 93942 CITY COLWC1I, ACMCK - APPUCATICH 54-U-87 - ELY MCFLYtS P.O. Box 580 Cupertino, California 95015 This will confirm the action by the City Council at their rooting of FebnTary 1, 1988 at which your Application 54-U-87 was approved per Planning Commission Resolution No. 4031. r1he expiration date of the use permit if February 1, 1990 (Section 6.4 of Ordinanoe No. 652 as revised by Ordinance No. 1136). Sinccee)rely, DOR01M JS, CMC CITY CLERK cc: Department of Planning and Development Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 Fred Barnhart 236 N. Santa Cruz Los Gatos, CA 9503 APPLICATION 54-U-87 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 RESOLUTION NO. 4031 OF THE PLANNING COMMISSION RESIDING APPROVAL OF A USE PM= TO REMODEL A RESTAURANT BY REOONFIGURING FIRST AND SECOND FLOOR DIM* AREA AND TO INSTALL EXTERIOR ARCHITECTURAL MODIFICATIONS 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 or persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. NOW, TFEREFWE, 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 re=mended 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 54-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. RESCLUrION NO. 4031 (54-U-87) 1/11/87 PAGE -2- SECTION II: APPISCATION DESCRIPTION Application No(s) 54-U-87 and 56-EA-87* Applicant: Shirr u and Etow (Eli McFly's Restaurant) Property Owner: P. Barnhart Location: Northwest corner of Valley Green Drive and North De Anza Boulevard SECTION IV: CONDITIONS ADMINISTERED BY THE PLANNING DEPARTMENT 1. APPROVED EXHIBITS The reconmesxlation of approval is based on Exhibits A and B of Application 54 U-87, except as may be amended by the Corxditions contained in this Resolution. �l]/ awe --M,Z Eli/*u174/1��_�li 1141 1N The applicant shall record a covenant which documents the emulative floor area of applications received after February 1, 1986 and informs future property owners of the street and streetscape improvement obligation. A draft covenant shall be submitted to staff for approval prior to recordation. 3. MODIFICATION OF APPROVED DEVEIDPMENr PLAN 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 City Oouncil as provided in City ordinance. No. 652. If said changes are approved by the Planning Commission, an appeal my 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. RESQ=ON NO. 4031 (54-U-87) 1/11/87 PAGE -3- 4. LANDSCAPING The applicant shall submit a final landscape plan to staff for review and approval prior to installation of landscaping. 5. PREVIOUS APPROVALS: All previous conditions of approval not in conflict with conditions contained herein shall remain in full force and effect. PASSED AND ADOPTED this llth day of January, 1988 at a Regular Meeting of the Planning Cmmtission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS Adams, Claudy, Mackenzie, Szabo, and Chairperson Sorensen NAYS: CCMMLSSIONERS ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS ATTEST: /s/ Robert Cowan Robert Cowan Director of Planning RS054U87(M7) APPFY7VE D: /s/ Lauralee Sorensen Lauralee Sorensen, Chairperson Planning Commission Cit'4 of Cupertino 10300 Torre Avenue Cupertino, CA 95014-1255 Telephone: (408) 252-4505 TAX: (408) 252-0753 COMMUNITY DEVTEOPMENT January 29, 1991 Mr. Armen Shamamian A. S. Associates, Incorporated 410 West Latimer Avenue Campbell, CA 95008 Dear Mr. Shamamian: P.O. Box Son Cuperlino, CA 95015-0500 This letter acknowledges that the drawings submitted for an interior remodel at Cafe Rerldevous are in conformance with the existing use permit and therefore are approved. Thank you for submitting your plans for our review. Yours truly, CITY OF CUPS R rINO Ciddy Wordell Associate Planner letters/cwshamam I annee.�- a olm�a+�e I►ow • :. . � I • VIA 0 11-r I� n w < BM I� I I I� • I i SHINGU + STOW Qes ao . YnL'" iy Bi•E6N Pt+• eurGaTlNd• '� , e.�.� • Lr'r,r •�r i� I 7—M wrloo. HWW VtNN4* Now LANPOC"INO 12 1 FIXI -- f' Ldzk=P- -rLAN —IOM.PIWISV A. -MA ?lp a)-- ZXWoTP40 R.NI APLOA O.P. Ti of RW M 0- Im r600.