U-1989-23bCites of Cupertino
10300 loop Awnue
Cuppnino, Cahlornia 95014
hdpphunp: (408) 252-4505
DEPARTMENT Of WE CITY CLERK
January 24, 1990
Maria Tung
22673 Woodridge Ct.
Cupertino, CA 95014
P.O. Box 580
Cuperllno, Cali(ornla 9501S
CITY COUNCIL ACTION - APPLICATION 23-U-89 - USE PERMIT TO ESTABLISH A HOME
DELIVERY AND TAKE-OUr FWD SERVICE WITH SEPARATE RETAIL SALES AREA IN AN
EXISTING 2,860 SQ. FT. TENANT SPACE WITHIN AN EXISTING SHOPPING CENTER -
NOR'IHWFST CORNER OF SOUIH BLANEY AVENUE AND BOLT NGRR ROAD
This will confirm the action by the City Council at their meeting of
January 16, 1990 at which your Application 23-U-89 was approved per the
following conditions:
1. APPROVED EXHIBITS
'The recommendation of approval is based on the Sheets 2, 3 and 4 dated
12/11/89 of Application 23-U-89, except as amended by the Conditions
contained herein.
2. USE LTMPTATION
the subject use permit authorizes operation of a take-out and
catering/delivery food service and incidental retail sales tenancy
with the following limitations:
A) No dining seats allowed within the retail/waiting area, or
outdoors.
B) Sale of alcoholic beverages limited to package liquors in
conjunction with food orders; no onpremise consumption or sale of
liquor without accompanying food order.
C) No live music or similar forms of entertainment activity shall be
allowed.
D) The hours of operation are limited to 9:00 AM to 9:00 PM for
customer service; cleanup, food preparation and administrative
activity on the premises is limited to the hours of 8:00 AM to
11:00 PM.
E) Take-out food service delivery shall be provided primarily by
contract or employee drivers; direct pick-up of food and
mexchardise shall not significantly impact the parking or traffic
otherwise associated with the retail center in which the subject
use is located.
3. NOISEMAKM DEVICES
No public address system, paging system, powered megaphone or similar
device shall be permitted outdoors at any time.
4. TRASH ENCLASURE/SMVICE ACPIVITY MSMCIION
Prior to co mrerKmment of the approved use, the property owner shall
install gated trash enclosures within the west service yard, the
number of such enclosures, their material and located subject to staff
approval.
All portions of the service yard of the subject tenant space shall be
subject to cleanup of trash and debris, removal of stored materials
and rodent habitat, and removal of all illegal structures prior to
commencement of business activity under this Use Permit. Said area
shall thereafter remain clear of all such debris and unsanitary
products.
The restaurant operator and property owner shall ensure that evening
hour cleanup activities do not disturb neighboring residents. The
parking area and service yard pavement shall not be used for washing
or cleanup activity, nor shall food refuse be allowed to enter the
storm drain system.
5. FVIUFM OORRECr'M MFA.S[JRFS
Should the city receive complaints about unauthorized activity, noise
or unsanitary practices, parking problems or unusually high levels of
traffic associated with the proposed use, the subject Use Permit may
be subject to a public hearing for purpose of adding conditions or
possible revocation.
C 9..9tl' BSI
Sign information indicated on the use permit exhibits shall be subject
to separate approval in accordance with the Center's approved sign
program.
Please review conditions carefully. If you have any questions regarding
the conditions of approval please contact the Department of Ommmity
Development staff *embers for clarification. Failure to incorporate
conditions into your plan set will result in delays at the plan checking
stage. If development conditions require tree preservations, do not clear
the site until required tree protection deviveq arm installed.
The expiration date for the Use permit is January 16, 1992 (Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
Sincerely, .
MM OOMMMS, cmc
CITY C M
cc: Department of Ccmmanity Development
Department of Public Works
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Ieo Hoefer
20076 IaRoda Ct.
Cupertino, CA 95014
Daniel Mao
20041 Bollinger Read
Cupertino, CA 95014
Steve Yang & Associates
1150 N. 1st St., Ste. 140
San Jose, CA 95112
James Moering
1145 Merrill St.
Menlo Park, CA 94025
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23-U-89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RE S011 'ION NO. 4235
OF THE PLANNING CCZUSSION OF THE CITY OF CUPEEM40
REO"ENDING APPROVAL OF A USE PERMIT TO
OPERATE A TAKE -OUP FOOD SERVICE ESTABLISHMENT WITHIN AN
EXISTING SHOPPING CENTER TENANT SPACE
SUCTION 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 Cmmnission 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
acoonnodate the proposed use.
c) Miat 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, UOUTURE, 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 recanmvihded for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
Ghat the suboonelusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 23-U-89 as set forth in the Minutes of the Planning
Ccymnission Meeting of January 8, 1990, and are incorporated by reference
as though fully set forth herein.
Resolution tlo. 4235 (23-U-89) January 16, 1990
Page -2-
Application No(s): 23-U-89 and 33-EA-89
Application: Maria Tura
Property owner: James Moerira
Location: NIW Corner of S. Blaney & Bollinger Road
�_• •• 11� • �� :•ulh• YYAt iI _11_ !•u�uI IJ YY /:h/:I ••._uli.i_�7i.J--
The reocuniendation of approval is based on the Sheets 2,3 and 4 dated
12/11/89 of Application 23-U-89, except as amended by the Conditions
contained herein.
2. USE LIMMAIION
The subject use permit authorizes operation of a take-out and
catering/delivery food service and incidental retail sales tenancy with
the following limitations:
A) No dining seats allowed within the retail/waiting area, or outdoors
H) Sale of alcoholic beverages limited to package ligours in conjunction
with food orders; no onpremise consumption or sale of ligcur without
aooaqDanying food order.
C) No live music or similar forms of entertainment activity shall be
allowed.
D) The hours of operation are limited to 9:00 AM to 9:00 PM. for
custaner service; cleanup, food prep. and administrative activity on
the premises is limited to the hours of 8:00 AM to 11:00 PM.
E) Take-out food service delivery shall be provided primarily by
contract or employee drivers; direct pick-up of food and merchandise
shall not significantly impact the parking or traffic otherwise
associated with the retail center in which the subject use is
located.
3. NOISEP� DEVICES
No public address system, paging system, powered megaphone or similar
device shall be permitted outdoors at any tine.
TRASH ENCLOSURE/SERVICE ACPIVM RESTRICTION
Prior to commenoenent of the approved use, the property owner shall
install gated trash enclosures within the west service yard, the number of
such enclosures, their materials and location subject to staff approval.
Resolution No. 4235 (23-U-89) January 8, 1990
Page -3-
All portions of the service yard within 50 yards of the subject tenant
space shall be subject to cleanup of trash and debris, removal of stored
materials and rodent habitat, and removal of all illegal structures prior
to oamexce ent of business activity under this Use Permit. Said area
shall be thereafter remain clear of all such debris and unsanitary
products.
The restaurant operator and property owner shall ensure that evening hour
cleam4) activities do not disturb neighboring residents. The parking area
and service yard pavement shall not be used for washing or cleanup
activity, mar shall food refuse be allowed to enter the storm drain
system.
Should the City receive copliants about unauthorized activity, noise or
unsanitary practices, parking problems or unusually high levels of traffic
associated with the proposed use, the subject Use Permit may be subject to
a public hearing for purposes of adding conditions or possible revocation.
6. SIGN PftOGRAbI
Sign information indicated on the use permit exhibits shall be subject to
separate approval in accordance with the Center's approved sign program.
PASSED AND ADOPTED this 8th day of January, 1990, at a Regular Meeting of the
Planning commission of the City of ompertino, State of California, by the
following roll call vote:
AYES: OCKUSSIONFR.S: Claudy, Mackenzie, Blaine
NOES: OCt MISSIONERS: Chr. Adams
ABSTAIN: CMMSSIONERS: None
ABSENT: CM1MISSIONERS: None
/sl Robert Cowan
Robert Cowan
Director of Community Development
peresos\rso23u89
/sl Victor Adams
Victor Adams, Chairman
Cupertino Planning Commission
I T Y O F C U P E R T I N 0
10300 Torre Avenue
Cupertino, California 95014
RESOUHION NO. 4236 (MINUTE ORDER)
OF THE PLANNING CCMMSSION OF THE CITY OF GUPEWM
RDOCIPZE WING THAT THE CITY COUNCIL INMATE NUISANCE
ABATEMEN'r PiiOCEFDINGS AGAINST THE PROPERTY OWNER(S)
OF 711E "ALL AMERICAN" SHOPPING CTNPER
FINDING:
Public testimony at the JXmuary 8, 1990 meeting of the Planning
Commission revealed long standing conditions of unsightly and unsanitary
storage practices in the shopping oenter's west and north srvice areas,
presence of litter and vectors, and disposal of food products in the storm
drain system. The Commission finds the practices detrimental to public
health and welfare, and finds that previous attempts to reslove these
concerns have gone unheeded by the property owner.
PASSED AND ADOPTED this Sth day of January, 1990 at a Regular Meeting of
the Planning Commission of the City of Cipertino, State of California, by
the following roll call vote:
AYES: O:*MSSION RS: Blaine,
NOES: OCbMSISSIONERS: None
ABSTAIN: OC[HISSIONERS: None
ABSENT: 0:*MSSIONERS: None
/s/ Robert ocuan
Robert Cowan
Director of Planning
Claudy, Mackenzie, Chr. Adams
/s/ Victor Adams
Victor Adams, Chairman
Cupertino Planning ammission