U-1988-11b10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino, California 95015
Telephone: (408) 252.4505
13E 141RTMENT Of THE CITY CLERK
July 18, 1988
Yukio Iwamoto
261 University Avenue
Palo Alto, CA 94301
CITY COUNCIL ACTION - APPLICATION 11-U-88 i
This will confirm the action by the City Council at their meeting of July
5, 1988 at which your Application 11-U-88 was approved perPlanning
Callmission Resolution No. 4069.
The expiration date for the use permit is July 5, 1990 (Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
Sincerely,
DOROTHY CORNELIUS, CMC
CITY CIERK
cc: Department of Planning and, Development
Sill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
J. Michael Horton
Edwin J. Myers Assoc.
10601 S. DeAnza Boulevard
Cupertino, CA 95014
Allan G. Byer
66 Potrero Avenue
San Francisco, CA 94103
11-U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
I, RESOLUTION No. 4069
OF THE PLANNING commdISSION OF THE CITY OF CUPER=O
RESIDING APPROVAL OF A USE PEFOUT TO OPERATE A
FULL SERVICE RESTAURANT WITH LIQUOR SERVICE
WITHIN AN EXISTING RETAIL CENTER
SECTION 1: FINDINGS
wHm AS, 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 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 o•rer ar4
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 are contained in the Public Hearing record
concerning Application 11-U-88 as set forth in the Minutes of the Planning
Commission Meeting of June 13, 1988, and are incorporated by reference as
though fully set forth herein.
Resolution No. 4069 (11-U-88) 06/13/88
Page -2-
SECTION II: PROTECT DESCRIMON
Application No(s):11-U-88
_ Applicant: Yukio Iwamoto
Property Owner: Allan G. Byer
L=ation: E. side of So. DeAnza Blvd. 500 ft. south of
Silverado Avenue
SECLTON III: CONDITIONS AL[=STERED BY THE PLANNING DEPATtTMEAfP
1. APPROVED E MBITS
The recommendation of approval is based on Exhibits A and Info., of
Application 11-U-88 except as may be amended by the Conditions
contained in this Resolution.
2. USE L=ATION
The subject Use Permit authorizes operation of a sit-down restaurant
with liquor service and banquet facilities. Restaurant activites shall
conform with the full service restaurant definition contained within
the General Commercial zoning district. A maximum of 92 seats are
permitted, including banquet seating. Liquor sales shall be limited to
a "service bar" only, with no bar area seating provided separate from
that accommodated within the dining room.
Dancing, live music and entertainment activities are explicitly
precluded under this Use Permit.
Hours of operation are limited to 7:00 A.M. to 11:00 P.M.
3. PUBLIC IMPROVEMENTS
The property owner shall retain the option to immediately implement
various public improvements and provide payment of improvement fees due
the City of Cupertino as directed by the City Engineer, or to record a
covenant outlining the provisions of a deferral agreement for said
improvements, in accordance with the City Council Policy adopted April
7, 1986.
4. DEED RESTRICPION
Prior to issuance of permits for interior inprovements, the developer
shall record a deed restriction, acceptable to the City Attorney, which
limits use of the two easterlymost buildings in the center to office
land use only. The term "office land use" refers to all office uses
allowed in the City's administrative and professional office zone,
including administrative, professional and research and development
activities. Prototype research and development is permissible if
conducted in consort with office functions of a business establishment.
5. PROPERTY CONSOLIDATION
The developer shall file an appropriate subdivision map to delete all
existing interior property lines.
Resoluticn t1o. 4069 (11-U-88) 06/13/88
Page -3-
6. ASAC Review
Prior to issuance of interior improvement permits, the developer shall
obtain informal ASAC approval of color and materials for the proposed
awning on the west elevation, as shown on Exhibit A.
7. MODIFICATION OF APPROVED DEVET1JFTfi.." 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 revirod 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 he 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 11o. 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.
PASSED AND ADOPTED this 16th day of June, 1988 at a Regular Meeting of the
Planning Commission o= thie City of Cupertino, State of California, by the
following roll call vote:
AYES: 001•1 IISSIONERS :
HAYS: =1414ISSIONERS:
ABSTAIN: COH4ISSIONERS:
ABSENT: CaM4ISSIONERS:
��
/s/Robert Cowan
Robert Cowan
Director of Planning
RS0llU88(P9)
Adams, Claudy, MacKenzie, Szabo, and Chairperson
Sorensen
none
none
none
/s/Lauralee-Sorensen
Lauralee Sorensen, Chairperson
Cupertino Planning Commission
s
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