U-1988-12bCity of Cwperti"
1070o Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
July 27, 1988
Arth= Gunther
21 Great Circle
Mill Valley, CA 94941
1
CITY CCRJ = ACTICN - APPLiCA=CN 12-U-88.
P.O. so■ sao
Cupertino. California 95015
Zh.is will confirm the action by the City C)ot=il at their meeting of July
5, 1988 at which your Application 12-U-88 was approved per the following
conditions:
Street widening, improvemestts, and dedications shall be provided in
aoco2darm with City Standa*ds and specifications and as required by
the City Engineer.
• 1,: a �M4�; �na�r,
Q=bs, gutters, sidewalks, and st=turw shall be installed to grades
and be oonstnwted in acoosdance with standards specified by the
Stevens Creek Boulevard Sidewalk and landscaping standard, to the
satisfaction of the City F7,gineer.
got r #V-
Street lighting shall be installed and shall be as approved by the
City Engineer. All on and off -site lighting shall designed to in no
way interfere with adjacent areas and shall be no higher than the
1aYtnliLi height permitted by the zone in which the property is located.
Fire hydrants shall be located as required by the City.
5. TRAFFIC OONIT0L SIQ�S
Traffic control signs shall be placed at locations to be specified by
the City.
6. S7TM TR1�S
• Street trees will be planted in the public right-of-way and shall be
of a type approved by the City in accordance with the Stevens Creek
Boulevard Sidewalk Plan.
7.
Grading shall be as approved and required by the city Engineer in
accordance with ordinance 125.
8.
Drainage shall be provided to the satisfaction of the City Engineer.
9. LJN�t1!'II.I'PIES
. The developer shall be responsible f= complying with the requirements
of the Underground Utility Ordinance No. 331 and other related
ordinances and regulations of the City of Cupertino, and shall make
the necessary arrangements with the utility c=Panies involved for the
installation of said facilities. The subdivider shall sL*m it a
detailed planshowing utility
underground provisions. (7his
have prior apprcrmi of the utility es and the City Engineer. )
10.
The ptoject developer shall enter into a development agreement with
the City of 04= tino providing for iaplementation of irProvements and
payment of fees, including but not limited to checking and inspection
fees, stc m drain fees, park dedication fees and fees for
u dergrounding of utilities. Said agreement shall be prior to
issuance of construction permits.
The approval is based on Exhibits A, A-2, B 1st Rev., B-1 1st Rev.,
B-2, B-3, C, and Info. of Application 12-U-88 except as may be amended
• by additional conditions enumerated herein.
12. MODMCATICfr OF APPRWED DEVELQR4E r FLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, altexations 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 Enaction of the
project, said charges may be certified on the revised plan. If
approval of said charges 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 Omnission for approval. If
the changes are denied by the Planning Cxamissicn, the applicant may
• appeal to the City Crxuncil as provided in City Oniinaros No. 652.
If said charges are approved by the Planning Ommiasion, 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 charges. Said request shall be made
within ten (10) days from the date of approval of said changes by the
Planning Commission.
A masonry wall shall be provided on the project's south and west
baridaxy with residentially zoned or used property. Said wall shall
be eight (8) feet in height as measured from highest adjoining grade.
A) Mis subject Use Permit authorizes operation of a dine -in restaurant
with liquor service. Tie maximum seating capacity equals 190, for
indoor and outdoor seating as shown on Exhibit A-1.
B) Live entertairment activity, including but not limited to amplified
or unamplified music, and dancing are prohibited in a000rdance with
General Plan Policy 6(c) (1) of the Land Use Element and Condition 3
of 3-Z-83.
Activities are limited to those allowed for sit down restaurants as
.prescribed in the General Comeercial
Additionally, take out activities shall not
t exceed loft ozoning f the
operation.
C) Business hairs shall not extend past to:oo P.H. Sunday through
Thursday nor 11:00 P.M. Friday and Saturday.
Exhibit A shall be revised to reflect ompliance with the frontage
landscaping and setback requirements specified in Condition 7 of
3-Z-83, and ocupliance with the parkway sidewalk and plant selection
requirements of the Stevens Creek Boulevard Sidewalk and Iandscaping
Plan. The final solution shall be subject to ASAc informal approval
prior to release of building permits.
16. 12 SS/BGRFSS EASII�2dI5 IV
T1ie developer shall record an appropriate deed restriction and
covenant running with the land subject to approval of the City
Attorney, which shall provide for necessary reciprocal ingress and
egress easements to and from the property to the east.
The developer shall oemply with fire safety requirements, including
interricr sprinkler system requirements, as required by the City.
A substantial landscape buffer as shown on Exhibit C shall be provided
on the south and west site boundary adjacent to existing residential
properties. The south side shall have a minim- 24 inch box canopy
trees. The final landscape solution shall be subject to informal ASAC
approval prior to issuance of building permits. The present landscape
buffer between subject property and the adjacent property owners to
the south shall be maintained at its present setback distance. 'This
may result in eliminating four parking places with no loss of seating
capacity:
The southwest Corner of the building shall be Modified to a diagonal
shape in order to facilitate truck and fire apparatus access to the
driveway on the west side of the site and CMVc n driveway with the
adjoining property, subject to staff approval at the building permit
• stage.
20. DMI.ITICN Fmotrntarr
The existing structure in the parking area of the site shall be
removed prior to or concurrently with project construction. The
developer shall assume the resPWISibility to obtain all required
demolition permits in accordance with City ordinances.
No public address system or paging system, powered megaphcne or
similar noisemaking device shall be permitted outdoors at any time.
Prior to issuance of building permits, the developer shall obtain A.SAc
informal approval of a comprehensive lighting plan for the parking
area. The plan shall ensure safe use of the parking area while
minimizing lighting interference to the adjoining residential sites.
Parking shall be provided at a ratio of 1 space for every three (3)
seats plus one space for each employee present on the site during the
peak employment period of the business day.
The exit to Stevens Creek Boulevard is to be well marked subject to
the approval of the Planning Director.
The developer/operator shall ensure that evening hour clean-up
activities do not result in disturbance to neighboring residential
properties. The rear doors of the building shall be kept closed at
all times except during delivery or trash removal activity. Trash
removal shall not occur after midnight, nor shall the trash enclosure
or duapster be used between one hour after closing of the restaurant
and 7:00 A.M. The parking area pavement shall not be used for washing
or clean-up activity, nor shall food scraps be allowed to enter the
storm drain system.
t• �•L� t1::y!
Sign information indicated on the application Exhibits is not
approved. A separate sign program application is required through the
Architectural Site and Approval Ocimittee.
The foregoing steps are indicative of protective actions to be taken
and are not exhaustive. Should the City receive ocuplaints about
unauthorized activity, noise or unsanitary practices, light intrusion,
Parking problem or traffic problems, the Use Permit may be subject to
a public hearing for purposes of addirg conditions or possible
revocation of said Use Permit.
-ram ���. �.•_� •
• The applicant shall demonstrate that the parcels have been
consolidated into one parcel prior to issuance of building permits.
Zrqrs9s/egress to the easement drive connecting this real estate and
service station site to Blaney Avenue is prohibited.
28. Staff shill report back to Counci on the status of the operation one
year after opening.
The expiration date for impleentation of the use permit is July 5, 1990
(Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). You
may apply for an extension of that deadline.
Sincerely,
w
cc: Department of Planning and Development
Bill Mass
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Steven Gazzera
1134 El Camino ideal West
Mt. View, CA 94040
• CitH of Cupertino
10300 Torre Avenue P.O. Box 550
Cupertino. California 95014 Cupertino. California 95015
Telephone: (4M) 2524505
DEPARTMENT OF THE CITY CLERK
November 2, 1988
Arthur Gunther
21 Great Circle
Mill Valley, CA 94941
•
CM OOUNCaa AM71CH - APP=CAnCH 12-0-88
Zhis will confirm the action by the City Oour=a at their meeting of
October 31, 1988 at which am-diticn of approval 14(c) of Application
12-U-88 was clarified per Rswlution No. 7656, a ropy of which is
enclosed.
• Shy,
D0E�7IHY pus, C W
crry cum
• cc: Department of Planning and Develcpmennt
Mr. Vick Dervin
10109 Mello Park
04m tino, CA 95014
Mr. Paul Goodley
19990 Brenda court
02partim, CA 95014
Janes E. Jackson
Jackson Donovan RW Mulford & S alya
10455 Rrure Avenue
Q2pertino, CA 95014
•
PD;SOIiJI'ICIR NO. 7656
A RESO=CN OF THE CITY OOUNCTL OF IIiE CITY OF C UPEl TIM JNjERpjMrnC
OCN=CN 14C OF AP'PI.SOMCH 12-U-88 RMUMC IU HOURS OF OPERATIC H
BE IT RFSOLVED, by the City 0ouncil of the City of Cupertino, that
Cmdition 14C of Application 12-U-88, as set forth in City council action
letter dated July 27, 1988, relating to hours of operation of the pizzeria
Uno restaurant, located at 19930 Stevens Creek Boulevard, shall be
interpreted as follows:
1. No new patrons shall be witted to the restaurant after the close
of business at 10:00 p.m., Sunday through Thursday, and 11:00 p.m.,
Friday and Saturday night.
• 2. patm:s already in the restaurant prior to the close of business may
remain and may be served food or beverages, provided all patrcns
have exited the restaurant no later than 11:30 p.m. Sunday through
2hursday, and 12:30 a.m. Friday and Saturday night.
3. The Applicant,/cperator shall be respa:sible for ensuring that no
patrons remain in the restaurant after the above haws.
PASSED AND ADOPTED at a regular meeting of the City Cbuuroil of the
City of Cupertino this —aL-.C`day of October , 1988, by the
following vote:
vote Members of the City Council
AYES: Johsnon, Koppel, Plungy, Rogers, Gatto
NOES: None
ABSENT: None
ABSTA Zi: None
/s/ Dorothy Cornelius /s/ John M. Gatto
City Cleric Mayor, City of Cgpertino
12-U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4070
OF THE PLAANJING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO OPERATE A
SIT-DOWN RESTAURANT WITH LIQUOR SERVICE AND ADDITION OF
APPROXIMATELY 900 SQ. FT. OF GROSS FLOOR AREA
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 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 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.
e) The proposed restaurant is not subject to application of the traffic
intensity performance standard since it is of approximately the same
use intensity as that of the restaurant which formerly occupied this
site, and represents a continuation of that same use intensity.
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 12-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. 4070 (12-U-88) 06/13/88
Page -2-
SECTION II: DESCRIPTION OF PRWECT
Application No(s): 12-U-88 and 19-EA-88
Applicant: Arthur G. Gunther
Property Owner: Steven Gazarra
Location: South side of Stevens Creek Blvd. 500 feet east
of Blaney Avenue
SECTION III: comDTTIONS ALI imsTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET DVROVFM2M & DEDICATION
Street widening, improvements, and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
2. CURB, GCT= & SIDEWALK
• Curbs, gutters, sidewalks, and structures shall be installed to grades
and be constructed in accordance with standards specified by the
Stevens Creek Boulevard Sidewalk and Landscaping Standard, to the
satisfaction of the City Engineer.
3. LIGHTING
street lighting shall be installed and shall be as approved by the
City Engineer. All on and off -site lighting shall designed to in no
way interfere with adjacent areas and shall be no higher than the
maximum height permitted by the zone in which the property is located.
4. FIRE HYDRANTS
Fire hydrants shall be located as required by the City.
5. TRAFFIC CONTROL SIINS
Traffic control signs shall be placed at locations to be specified by
the City.
6. STREET TREES
Street trees will be planted in the public right-of-way and shall be
of a type approved by the City in accordance with the Stevens Creek
Boulevard Sidewalk Plan.
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125.
mmm��
Drainage shall be provided to the satisfaction of the City Engineer.
Resolution No. 4070 (12-U-88) 06/13/88
Page -3-
9 . UNDERGROUND LTI'ILS ITES
The developer shall be responsible for complying with the requirements
of the Underground Utility ordinance No. 331 and other related
ordinances and regulations of the City of Cupertino, and shall make
the necessary arrangements with the utility companies involved for the
installation of said facilities. The subdivider shall submit a
detailed plan showing utility underground provisions. (This plan must
have prior approval of the utility companies and the City Engineer.)
• • • ^ is • es• as �a
The project developer shall enter into a development agreement with
the City of Cupertino providing for implementation of improvements and
payment of fees, including but not limited to checking and inspection
fees, storm drain fees, park dedication fees and fees for
undergrounding of utilities. Said agreement shall be prior to
• issuance of construction permits.
SECTION IV: OONDTPIONS ADMINISTERED BY THE PLANNING DEPARIMWP
11. APPROVED E\UBITS
The approval is based on Exhibits A, A-2, B 1st Rev., B-1 1st Rev.,
B-2, B-3, C, and Info. of Application 12-U-88 except as may be amended
by additional conditions enumerated herein.
12. MODIFICATION OF APPROVED DEVEMPMDU 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 •r_-at+-en request or revised develn_^ent
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.
13. MASONRY WALL
A masonry wall shall be provided on the project's south and west
boundary with residentially zoned or used property. Said wall shall
be eight (8) feet in height as measured from highest adjoining grade.
Resolution No. 4070 (12-U-88) 06/13/88
Page -4-
14. USE IMITATION
A) The subject Use Permit authorizes operation of a dine -in restaurant
with liquor service. The maxim= seating capacity equals 190, for
indoor and outdoor seating as shown on Exhibit A-1.
B) Live entertainment activity, including but not limited to amplified
or unamplified music, and dancing are prohibited in accordance with
General Plan Policy 6(c) (1) of the Land Use Element and Condition 3
of 3-Z-83.
Activities are limited to those allowed for sit down restaurants as
prescribed in the General Commercial (CC) Zoning Ordinance.
Additionally, take out activities shall not exceed lo% of the
operation.
C) Business hours shall not extend past 11:00 P.M. on any night.
0 15. FRONTAGE LANDSCAPING
Exhibit A shall be revised to reflect compliance with the frontage
landscaping and setback requirements specified in Condition 7 of
3-Z-83, and compliance with the parkway sidewalk and plant selection
requirements of the Stevens Creek Boulevard Sidewalk and Landscaping
Plan. The final solution shall be subject to ASAC informal approval
prior to release of building permits.
16. INGRESS/EGRESS EASEhfEf1TS
The developer shall record an appropriate deed restriction and
covenant running with the land subject to approval of the City
Attorney; which shall provide for necessar,, reciprocal ingr ro c:
egress easements to and from the property to the east.
• 17. FIRE SAFETY REOUSRFIff11T5
The developer shall comply with fire safety requirements, including
interior sprinkler system requirements, as required by the City.
18. BUFFER TO ADJOINING RESIDEIPPTAT,USE AREAS
A substantial landscape buffer as shown on Exhibit C shall be provided
on the south and west site boundary adjacent to existing residential
properties. The south side shall have a minimum 24 inch box canopy
trees. The final landscape solution shall be subject to informal ASAC
approval prior to issuance of building permits.
19. ARC F=CIURAL MODIFICATIONS
The southwest corner of the building shall be modified to a diagonal
shape in order to facilitate truck and fire apparatus access to the
driveway on the west side of the site and common driveway with the
adjoining property, subject to staff approval at the building permit
stage.
Resolution No. 4070 (12-U-88) 06/13/88
Page -5-
The existing structure in the parking area of the site shall be
removed prior to or concurrently with project construction. The
developer shall assume the responsibility to obtain all required
demolition permits in accordance with City ordinances.
21. NOISFMAKING DEVICES
No public address system or paging system, powered megaphone or
similar noisemaking device shall be permitted outdoors at any time.
22. PARKTNG AREA LIGHTING/IAYOUT
Prior to issuance of building permits, the developer shall obtain ASAC
informal approval of a coaprehensive lighting plan for the parking
area. The plan shall ensure safe use of the parking area while
minimizing lighting interference to the adjoining residential sites.
Parking shall be provided at a ratio of 1 space for every three (3)
seats plus one space for each employee present on the site during the
peak employment period of the business day.
The exit to Stevens Creek Boulevard is to be well marked subject to
the approval of the Planning Director.
23. PARKING AREA/RESTAURANr SERVICE ACPIVITY
The developer/operation shall ensure that evening hour clean-up
activities do not result in disturbance to neighboring residential
properties. The rear doors of the building shall be kept closed at
all times except durirx7 delivery or trash r.=val' activity. Trash
removal shall not occur after midnight, nor shall the trash enclosure
or dumpster be used between midnight and 6:00 A.M. The parking area
• pavement shall not be used for washing or clean-up activity, nor shall
food scraps be allowed to enter the storm drain system.
24. SIGN PROCu2AM
Sign information indicated on the application Exhibits is not
approved. A separate sign program application is required through the
Architectural Site and Approval Committee.
25. FUJURE CORRECTIVE bIFAS[JR�S
The foregoing steps are indicative of protective actions to be taken
and are not exhaustive. Should the City receive complaints about
unauthorized activity, noise or unsanitary practices, light intrusion,
parking or traffic, the Use Permit may be subject to a public hearing
for purposes of adding conditions or possible revocation of said Use
Permit. Possible additional conditions include reducing seating
capacity, restricting hours of operation, prohibiting advertising or
signs indicating the take out operation, prohibiting phone orders and
eliminating take out activity, or other conditions as deemed
appropriate.
Resoluticn No. 4070 (12-i-88) 06/13/88
Page -6-
26. PAR= CONSOLIDATION
The applicant sha11 de-mnns-rate that the parcels have been
consolidated into one parcel prior to issuance of building permits.
p.%SSED AND ADOPTED this 16th day of June, 1988 at a Regular Meeting of the
planning Com dssicn of the City of Cupertino by the folloding roll call
vote:
AYES: CCMN SSIO?TERS: Adams, Claudy, Mackenzie, Szabo and Chairwoman
Sorensen
MAYS: COfRIISSIONERS:
ABSTAIN: CO MSSIONERS:
ABSENT: CO?OaSSI0NERS:
• ATTEST:
/s/ Robert Cowan
Robert Cowan
Director of Planning
PS012U88 (P9)
�J
/s/ Lauralee Sorensen
Lauralee Sorensen, Chairperson
Cupertino Planning Commission
69 W!,
7 .Tw ."
VICINITY MAP
SO. BLANEY AVE.
PROJECT ANALYSIS
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