U-1989-05b1
Citil of Cuperti»o
10100 Torre Avenue
Cupertino, Calilomia 95014
lrlephone: (408) 252-4505
DEPARTMENT Of THE CITV CLERK
May 8, 1989
Chang Yam
1670 Grace Avenue
San Jose, CA 95124
P 0, no. 580
Cupertino, California 95015
CITY COUNCIL ACTION - APPLICATION 5-U-89 - USE PERMIT TO ESVO ,rSH A DONUT
SHOP, SGUMMSP CORNER OF HC1ST'M ROAD AND SCUM DEAM BOUIEVARD
This will confirm the action by the City Council at their meeting of May
1, 1989 at which your Application 5-U-89 was approved per the following
conditions:
1. APPROVED EXHIBTTS
the recoMwndation of approval is based on the retail, Center Site
Plan, and Building Location Key Eldlibits of 5-U-89, except as may be
amended by the conditions contained in this letter.
2. USE r UTATI
The subject use permit authorizes operation of a 900 sq. ft. doughnut
shop in Unit B. The use permit authorizes take-out service only;
seating is not approved. The hours of operation may be fran 5:00 a.m.
to 11:00 p.m. daily.
3. CASH REGISTER
The location of the cash register shall be reviewed by staff for
conformance to Condition 25 of Resolution 3097 of 47-U-87.
Please review conditions carefully. If you have any questions regarding
the conditions of approval please c ntact the Department of Cmu mitt'
Develcpmatt staff members for clarification. Failure to in=p±+ate
conditions into your plan set will result in delays at the plan diecking
stage. If development conditions require tree preservations, do not clear
the site until required tree protection devices are installed.
r
4
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4151
OF THE PLANNING COMMISSION OF THE CITY OF CUPEIZTINO
REOM1MENDLNG APPROVAL OF A USE PERMIT FOR A 900 SQ. FT.
DOUGIRW SHOP WITH TAKEOUT SERVICE WITH AN EXISTING
RETAIL CENIER
SECTION I• FINDINGS
WHEREAS, the Planning Camnission 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
WHEWAS, the Planning Camnission 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. i'
b) That the property involved is adequate in size and shape to
ac=mmdate 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, Zf UZURE, 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 recamrnrded 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 5-U-89 as set forth in the Minutes of the Planning
Commission Meeting of April 24, 1989, and are incorporated by reference as
though fully set forth herein.
Resolution No. 4151 (5-U-89) April 24, 1989
Page -2-
�.tlY • �t,� 1 � • �
Application No(s): 5-U-89
Applicant: Chang -Yam
Property Owner: Maariani Development Company
Location: Southwest corner of Homestead Road and South De
Anza Boulevard
SECTION III• CONDITIONS TO BE AD4WISTERED BY COMMUNITY DEVELOPMENT
DEPARTME�IP
The recommendation of approval is based on the retail, Center Site
Plan, and Building location Rey Exhibits of 5-U-89, except as may be
amended by the Conditions contained in this Resolution.
2. USE !ABLATION
The subject use permit authorizes operation of a 900 sq. ft. doughnut
shop in Unit B. The use permit authorizes take-out service only;
seating is not approved. The hours of operation may be from 5:00 a.m.
to 11:00 p.m. daily.
3. CASH REGISTER
The location of the cash register shall be reviewed by staff for
oonformance to Condition 25 of Resolution 3097 of 47-U-87.
PASSED AND ADOPTED this 24th day of April, 1989 at a Regular Meeting of
the Planning Omission of the City of Cupertino, State of California, by
the following roll call vote:
L AYES: OOMMISSIOms : Claudy, Mackenzie, Sorensen, Szabo, and
Chairman Adams
NOES: OCN4TMIONERS: None
ABSTAIN: OOMMISSIONER.S: None
ABSENT: COMMISSIONERS: None
/s/ Robert Cowan
Robert Conran
Director of Camunity Development
resos\rso5u89
/s/ Victor Adams
Victor Adams, Chairman
Cupertino Planning Commission
1 l 47-U-87
CITY OF CUPERTINO
10430 S. De Anza Boulevard
Cupertino, California 95014
RESOLIFION No. 3097
OF THE PIAPNING CCr4=ION OF THE CITY OF CUPER=4O
APPROVING A 7,030 SQ. FT. =02RCIAL, BL=ING, INCLUDING
A 2,800 SQ. FT. 24-HOUR OONVEN1ENCE mARKET
.V call . ■
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
WHERFAS, the applicant has met the burden of proof required to support
said application; and
WHM;WAS, the Planning Commission finds that the application meets the
following requirements:
rem'nts:
a) net the use or uses are in conformance with the General Plan of th*
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 persona residing or
working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
i�• . •� a INJ•,a. • me
nmt after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby reamaended for approval, subject to the conditions which are
enumerated in this ResolUtion beginning on Page 2 thereof; and
That the suboonclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 47-U-87 as set forth in the Minutes of the Planning
commission Meeting of October 12, 1987, and are incorporated by reference
as though fully set forth herein.
RESOUHICU 110. 3097 (47-U-87) 10-12-87
PAGE - 6 -
21. SUWEIISANCS
If, in the opinion of the City Manager, loitering becomes a problem,
the applicant shall mount a television cameras) which shall be
connected to a television monitor in full view of the cashier of the
convenience market. Said television camera shall provide ooratant
monitoring and surveillance of the exterior driveway area and any
portion of the parking/landscaps area not directly visible from the
cashier's position in the store. Said camera/televisicn system shall
be kept in constant use during day and night time operating periods
arxi shall be maintained i ned by the applicant/property owner at no expense
to the City.
24.
Lights shall be directed at the south and west walls of the building.
Additionally, lighting in the parking lot shall be of a white tint,
rather than orange or yellow.
25. CASH RESISTER
The cash register shall be located so as to be reasonably visible from 1
passing police patrols subject to approval of staff.
26. BUILDING 00ItS
Final building colors shall be subject to informal review and approval
by the Architectural and Site Approval Cctittee.
PASSED AND ADOPTED this 12th day of October, 1987 at a Regular Meeting of
the Planning Counission of the City of C4pertino, State of California, by
the following roll call vote:
AYES: caiIISSICNERS: Adams, Claudy, Sorensen, Szabo and Chairman
Mackenzie
NOES: OU44ISSICNPFS: None
AHSI712N: CaflISSICItaTS: None
ABSWr: CC*[ISSICKERS: None
AT=: APPROVED:
/s/ Robert Cowan /a/ Donald Mackenzie
Robert Cowan Darold Mackenzie, chairman
Director of Planning Cupertino Planning Commissicn
RES47U87(Cl)
0
0
NINIl1M OF THE NAY 14 1989; REGULAR COPY COUNCIL NEE17M
(CC-757)
It was movecLb�Counc. Gatto seconded by Counc. Koppel
that re�edticn is the appropriate land use and to remove
thi$_�ifem frcm the calendar. The sillstitute motion passed
(4=1) with Count. Johnson dissenting. "-,
21. Application 5-U-89 - Chang -Yam - Request -for Use Permit
to establish a donut shop with take -cut service in a
goo sq. ft. tenant space within an existing retail
center. Envirorm ental Determination: The Planning
Commission reoa=ends the granting of a Negative
Declaration. Located on the southwest corner of
Homestead Road and South DeAnza Boulevard. Recommended
for approval with conditions.
It was saved by Counc. Gatto, seconded by Counc. Johnson,
and passed unanimously to grant a Negative Declaration.
It was moved by COUnc. Gatto, seconded by Counc. Jdracn
and passed unanimously to approve the application per
Planning Ccumissicn Resolution No. 4151.
22, Application No. 6-U-89 and 7-FA-89 - Robert H. Lee and
Application
- Request for Use Permit to reconfigure fuel
and to establish a 200 sqftt.. o�enien�ce
f .f
se sales area at an service
station. Environmental Determination: /The Planning
Commission recommends the granting. 6f a Negative
Declaration Located on the southwest corner of Wolfe
Road and Read. Recommended for approval with
itions.
It was moved Count-\. Gatto, conded n eCounc. Johnson
and paced unanimously to g%n Negative Declaration.
It was moved by Cbunrc..G'atto�secaamded by Counc. Johnson
and passed unanimously/ to approve the application per
Planning Commission Resolution No. 4= .
23. Application 2JCPA--89 - Westfield - Re to schedule
a hearing to consider an armerrdment of the Land Use
Element .of the General Plan to additional
buildi— 'area for Vallco Fashion Park.
It was/moved by Counc. Gatto, seconded by Count.
and used unanimously to refer the application the
Planning Commission to initiate public hearings.
-7-
App. 5-U-89.
Chang -Yam
App. 6-U-89 &
7_EA-89, R.H. Lei
,.
10300 Torre Avenuw Cupertino, Cols ornto 95014 4 S) F604 06
SUMMARY
AGENDA ITEK NUMBER AGENDA DATE MAY 1. 1989
I. SI78T .GT
Application No(s): 5-U-89
Applicant: Chara-Yam
Property Owner: Mariani Develoament C=any
location: southwest corner of Homestead Road and South De
An Boulevard
USE PERMIT (5-U-89)
To establish a donut shop with takeout service in a 900 sq. ft. tenant
space within an existing retail enter.
II. ZONING AND GENERAL PLAN CONSISTENCY
The proposed tenancy is located in the recently constructed Mariani
connercial center. The use is consistent with the site's camaercial
zoning and General Plan designations, and with the center's 1987 use
permit conditions.
III. MAJOR ISSUES
Public
- None.
Staff
- None.
Planning Camnission
- None.
IV. REOOMMENDATION
A. Environmental Assessment: This application is categorically
exempt pursuant to CEQA Guidelines.
Application 5-U-89 5/1/89
Page - 2 -
B. &Mlication 5-U-89: Planing Camnission recommends approval of the
Proposed use permit subject to the findings and oonditions in the
attached Resolution No. 4151.
- Resolution No. 4151
- Planning Camnission Minutes dated 4/24/89, Page 5
- Staff Report dated 4/24/89
- Building Location Rey E&Wit of 5-U-89
- Letter from Kenny Yam dated April 5, 1989
.. SUBMLTlED BY:
U� ch ,rAn..
10 Donald mown Robert S. Cowan
City Manager Director of Community Development
reports\cc5u89
Off ICE Of COUNTY ASS ISSOR --- SANTA C L A R A COUNTY, CALI FORN1A
4b
..
274.76
�!o o!�• ai4 Tao �! j—aos (—ao IF (—�e ol1
30 1 29 128 i 27w1 26 i 20 ( ' ' •,p' P. "
COMMON AREAro '- -�-�-t �T_ •
J 30� � i 1� t Z7� ?g I �' I , ,r�. _ �� — _r^ �►s7 k+ IrR� 1
I I I I 1 ASSfSSEO WITH UNITS 19 9 AAuL-
�-90 ao �4e Ni ao nJ was III Lq w'- KcT — �`— Q `i-9 �-- --
LOT 48
B O O K P A 0[
323 44
i
f
.i
MaPLETREE (pNi PL Ig 12 -( •oT� u g— 4 1' • 30'
4 k4 gi 1=— `t 3 '
rW-{ioi9j rio`n1 i v1•}-•oe1, v -- — L2�s5-o
.I GI I 1 a15 ��_�_ ; 70 0o i! i v ii j'7o:q
23 'To o, r „�
17 1 Is i Is 114
r-
I I- 1 1 .j a 1 a zz i I I I. Ti i„ 1 1 '+ � aJ0 309
1 I` 1 — — — — — — —i 1� j iTi Tis»1`•'
� I ,'L-4 l �sxl � 1g 1 21 �I Iw + I .0 1 —
31 ! 32 33 134 I !s t-- } Lit
tf I„' 1 I� L-,n
•o�•1 wo tot! vwa$ ar�.i� 20 to sl I I A m� x � O t
1�... I � AI lu
_ Lip J TR. NO. 5919
sHaor oaK CUP
(pvlJ LANE ERTINO GARDENS
• � w
3 a '
1
as as Ia .-tri iaSigTao.1 1—*;L� —' I'mo"��" F it l 1 1 r Rr. 3� A a
RIB ! J-
��1 x .L I �a t'� a
. • �1 (1) , • I s
3 i 3 13 1 +0 1 4/ rJ 1431 43 I �_ 1 4if 1 t6 1 47 g. a
,,J � j nl ell s
S6 �' 37 130 139 ly4o 141 1 142J1 43 1 441 45 1�49�1 4T
O) 0q ,all lo.�! ♦t' •e �o �e �O70.a0 7o a� ao ZD 2o.ai re•7 r2
Y
— HOMESTEAD 326 — ROAD I
I
r
't
fN
1 OFFICE OF COUNTY ASSESSOR •SANTA CLARA 41 COUNTY CALIFORNIA
323
3 I 4 4 3r1V• e 1 a I w I u I
•• 1 1 I I 7 1 ; co ;
�_ TR N! 5901 MES •t _»J
";b•LA CONNER DRIVE eRACH APART1jIT
�9ae r1 MAUREEN TERRACE TRACT Na 3515 x
III
70 •70 RO •70 w 70 10 to
rQ 1 Ll. I I 19 >< I
1 I 2 I 3 I 4 1 0 1 a 1 T 1 • 1 9 1 10 = O
•'.0 PER INQ:• '� I I ■ 100
C+04 AC. '
9.72 AC. OR. o
9.26 AC, NET i
35 PTN. SEC, 45 W 8K
}
z
• a z
s
i
a eo'
WWII
•N I
o Z
Ls r o
az,tz • nwrt
2OW11 ALFRED
L
OMESTEAD 3----ROAD
T. 7 S R. 2 W