U-1988-06bCites of Cupertino
10300 Torre Avenue
Cupertino. California 95014
Telephone: 14081 2 5 2- 4 50 5
M PARTMENT Of THE CITY CLERK
May 19, 1988
Larry Yamaoka
505 S. Pastoria Ave., 2nd Floor
Sunnyvale, CA 94086
CITY CWNCIL ACTION - APPLICATION 6-U-88
P.O. Boa 580
Cupertino, California 95015
12,940
uaelJ
This will confirm the action by the City Council at their meeting of May
16, 1988 at which your Application 6-U-88 was approved subject to the
following the conditions:
1. APPROVED EXHIBITS
The r'eecalmendation of approval is based upon Exhibits A and A-1 of
Application 6-U-88, except as may be amended by the conditions
contained in this Resolution.
2. APPROVED USES
This approval authorizes the operation of a 1,500 sq. ft. bakery
containin'l 10 seats, The bakery is authorized to sell sandwiches and
Other delicatessen foods in addition to the items contained within the
letter from Jerry Rao dated March 11, 1988. The take-out food
operation shall be incidental to the sales of food for consumption on
premises and retail sales of baked goods. A separate bar serving
alcoholic beverages is prohibited. Sale of alcoholic beverages is
limited to beer and sine.
3. HOURS OF OPERATION
Hours of operations are limited to 7:00 a.m. to 11:00 p.m.
4. PREVIOUS OJNDITIONS
All conditions contained within Planning Commission Resolution No.
3000 and 3087 not in conflict with provisions contained herein shall
remain in full force and effect.
5. MODIFICATION OF APPROVED DEVEIAPMENT 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 change 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
he 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.
6. QUI DOOR SEATING
Tables and seats may not be placed outside the bakery tenant space.
7. REPIACEMENP OF TREES
The applicant shall replace all missing or removed trees on the site
prior to issuance of a building permit. Since the applicant is
currently pursuing building permits for improvement to the site, this
condition may be fulfilled by posting a letter of credit or cash
deposit in an amount equal to the cost of the replacement trees.
The expiration date of the use permit is May 16, 1990 (Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
Sincerely,
cc: Department of Planning and development
Portal Plaza Properties
19675 Stevens Creek Blvd.
Cupertino, CA 95014
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
6-U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUMON No. 4051
OF THE PLANNING CCMMLSSION OF THE CITY OF CUPERTINO
REC M MING APPROVAL OF A 1,500 SQUARE FOOT
BAiERY WITH 10 SEATS
SECTION I• FINDINGS
MMEA.S, the Planning Ccupission 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 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
accambdate the proposed use.
c) That the proposed use will not generate a level of traffic aver 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 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 6-U-88 as set forth in the Minutes of the Planning
Conmiission Meeting of May 9, 1988 and are incorporated by reference as
though fully set forth herein.
Resolution No. 4051 (6-U-88) May 9, 1988
Page -2-
SECTION II• APPLICATION DESCRIPTION
Application No(s) 6-U-88
Applicant: Larry K. Yamaoka
Property Owner: Portal Plaza Properties
Location: Stevens Creek Boulevard/Portal Plaza
Parcel Area
(Acres): N/A
USE PERMIT (6-U-88) To operate a 1,500 sq. ft. bakery containing 10
seats within an existing shopping center.
SECTION III• CONDITIONS ADMINISTERED BY THE PLANNING DEPAR lr
1. APPROVED EXHIBITS
The reccnm*xx1aticn of approval is based upon Exhibits A and A-1 of
Application 6-U-88, except as may be amended by the Conditions
contained in this Resolution.
2. APPROVED USES
This approval authorizes the operation of a 1,500 sq. ft. bakery
containing 10 seats. The bakery is authorized to sell sandwiches and
other delicatessen foods in addition to the items contained within the
letter from Jerry Kao dated March 11, 1988. The take-out food
operation shall be incidental to the sales of food for consumption on
premises and retail sales of baked goods. A separate bar serving
alcoholic beverages is prohibited. Sale of alcoholic beverages is
limited to beer and wine.
3. HOURS OF OPERATION
Hours of operation are limited to 7:00 a.m. to 11:00 p.m.
4. PREVIOUS CONDITIONS
All conditions contained within Planning Ccnmission Resolution No.
3000 and 3087 not in conflict with provisions contained herein shall
remain in full force and effect.
5. MODIFICATION OF APPROVED DEVELOPMENT 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 firdinj 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 ccmanission.
Resolution No. 4051 (6-U-88) May 9, 1988
Page -3-
If the Director finds that the requested duviies are material, such
des 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.
6. curmm SEATING:
Tables and seats may not be placed outside the bakery tenant space.
PASSED AND ADOPTED this 9th day of May, 1988, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call
vote:
AYES: (,OK41SSIONFRS:
NAYS: CSSIONFRS:
ABSTAIN: CCKUSSIONFRS:
ABSENT: COMMISSIONERS:
ATTEST:
/s/ Robert Cowan
Robert Cowan
Director of Planning
RESOGU88(P8)
Adams, Claudy, Mackenzie, Szabo, Chairwoman
Sorensen
/s/ Lauralee Sorensen
Lauralee Sorensen, Chairperson
Cupertino Planning Commission
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