U-1990-05b5-1-90
CITY OF C U P E R T I N O
10300 Torre AVem e
Cupertino, California 95014
RESOD LON NO. 4280
OF THE PLANNING CMUMSION OF TEE CITY OF CUPERMM
R]7O OMING MW 0 CITY COUNCIL APPROVE A USE PERMIT
FCR A 2,000 S.F. FRYING TAI(EOM RUMURA TP
SECTION I • FIN IMS
WHEREAS, the Planning o3mniaQion 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 reTmxed to support
said application; and
MEMENS, the Planning C=nJ ion finds that the application meets the
following retirements:
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
users 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.
NOW, Z RM:)RE, BE IT RESOLVED:
That after careful consideration of maps, facts, epddbits, 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 sub=wlusicns upon which the findings and oar3itions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 5-U-90 as set forth in the Minutes of the Planning
commission Meeting of August 13, 1990, and are incorporated by reference
as though fully set forth herein.
Resolution No. 4280 (5-U-90) 08/13/90
Page -2-
CkI II • PA0.TDGT DFS�tIPTI-CN
Application No(s): 5-U-90 and 4-EA-90
Applicant: Taco Bell-Cnmration
Pzrperty owner: Matt and Chris LaMonico
Location: Nrrthnaar ccr'ner of De Anna Blvd and BonningW W
USE PERd•D:T to construct and operate a 2,000 s.f. freestanding takeout
restaurant.
,SF TC3N In: CONDITIONS ACHMSMM BY THE PLIBLSC WORKS DEPAn'**�N►`
1. STREET WIDENING
Street widening, improvements and dedications shall be provided in
a= dance with City Standards and specifications and as required by
the City Engineer.
2. CURB AND GAITER IMPRC7VEI4fSlTS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and sta„lards as specified by the City
Engineer.
3. STREET LSGHMM INSTALLATION
Street lighting shall be installed and shall be as approved by the
city Engineer. Lighting fixtures shall be positioned so as to
preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted
by the zone in which the site is located.
4. LIRE SAF EPY
Developer shall cmply with all fire safety requirements specified by
the City in conssaltation with the Central Fire District.
5. STREET TREES
Street trees shall be planted within the Public Right of Way and shall
be of a type approved by the city in accordance with ordinance 125.
6. Q3AD_�CII
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125. First floor finished floor elevation
shall not exceed 24 inches above the highest top of curb elevation on
the adjoining De Anza Blvd. frontage, unless the need for greater
elevation is demonstrated to the City Engineer for purposes of
achieving proper site drainage or resolving other technical
constraints.
PaWlutioah No. 4280 (5-U-90) 08/13/90
Page -3-
Drainage shall be provided to the satisfaction of the City Engineer.
Mie developer shall comply with the requirements of the Undexgroluxi
Utilities Ordinance No. 331 and other related Ordinances and
regalatics of the City of O ipertino, and shall coordinate with
affected utility providers for installation of wxIerground utility
devices. 71he developer shall submit detailed plans showing utility
underground provisions. Said plans sha11 be subject to prior approval
of the affected Utility provider and the City Engineer.
the project developer shall enter into an improvement agreement with
the limited to f tocheddmg and inspec-'tio providing foionnayym�of, including
fees, storm drainfe butnot
dedication fees and fees far urclergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Electrical transformers, telephone vaults and similar above groin
equipment enclosures shall be screened with landscaping or located
underground such that said equipment is not visible fran public street
areas.
Sheet A -:LA shall be modified to include a transit bus turnout and
shelter pad on the So. De Anza Blvd. frontage, according to
specifications approved by the City Engineer.
Zhe recommendation of approval is based on sheets A-lA, Irl, Ir2,
-U-
revised 06/12/90, 06-403 dated 06/12/90 of Application 590, except
as may be amended by the Conditions contained in this Resolution.
• •r ti v •+• a•
the developer shall record a covenant nrnniM with the land obligating
the present or future property owner to install a masonry wall on the
easterly perimeter of the site at such time as the adjoining property
is developed for residential use. Zhe barrier shall be configured to
attain an effective 6 foot height above highest adjoining grade at any
point along its reach.
Resolution No. 4280 (5-u-90) 08/13/90
Page -4-
14. P&EI=
T-le developer Shall maintain a minimum parking ratio of 1sp/4 seats
plus one additional space for each mployee on premier curing the
maximum employment period, notwithstanding the re*nxment to
parking areas with adjoining properties.
15. MDIFICA= OF APPROVED DFVECDFMENP 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 changes may be certified an the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Ccmissicn.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning CoaniSsicn for approval. If
the ci=anges are denied by the Planning Coamdssion, 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
Coi=il regarding said approved champs. Said request shall be made
within ten (10) days frcm the date of approval of said changes by the
Planning Commission.
16. USE LINTrATSONS -- (GB40ZAL OOF QT4 A 1
The subject Use Permit authorizes construction and operation of a fast
food restaurant, as defined in Section 4.7 of City Ordinance 1344,
with a maninurn indoor seating capacity of sixty (60). Hour's of
operation are limited to 7:00 AM to 11:00 PM all days.
Prohibited activities include the installation of outdoor dini g
tables, whether permanent or seasonal, live entertainment and sale of
alcoholic beverages.
17. D�DEVELOPM Nf PIAN
The approved exhibits referenced in Condition 12 above shall
constitute the definitive development plan for the site's Planned
Development Zoning, as required under Section 4(b) of Ordinance No.
618.
Resolution No. 4280 (54j-90) 08/13/90
Page -5-
18. PROME QM9aQEt= PLAN REVIiid
As part of the precise develcpne3nt plan required under Section IV (C)
of Ordinance No. 618, the developer shall obtain Architectural and
Site Approval Committee approval of the comprehensive plantin; and
site lighting plan, definitive building materials and color palette,
larriscaping and irrigation plan. one Committee shall also obtain
certification from the project landscape designer that the palette and
irrigation system comply with the Xeriscape program. Me c mittee's
findings shall be returned to City Council for final approval.
19. SIg PF99 M
Sign information indicated on the approved exhibits and condition 12
above shall be subject to separate review and approval by the
Azrhitectural Site and Approval Committee.
20. NOISEMKI G DEVIC7S
No public address system or paging system, powered megaphone or
similar noiswaking device sha11 be permitted outdoors at any time.
21. IVGRES,S/EX91ESS FASDIERM
Zone applicant shall record an appropriate deed restriction and
covenant numning with the land subject to approval of the City
Attorney, which shall provide for future implementation of reciprocal
irgress/egress easements and shaved parking with the adjoining
northerly parcel, and for future ingress/egass easements and shared
parking with the property to the east if the City should deem such
requirements desireable at the time that the easterly property
develops. Said deed restriction shall prwi.de for shared maintenance
responsibility for all parcels which share a common private drive or
private roadway with one or more other parcels.
The driveway access to Boning+ Raid and DeAnza Boulevard is limited
to right turn in and out.
22. ENVIB�DJOIPMM SPE1=CATIONs
The subject Use permit auttucrizes im-tal aticn of a Thermal Oxidation
canbustion unit at the northeast corner of the site for purposes of
ccnpleting cleanup of subsurface contamination of existing soils,
according to the following principles:
1) nnissions from the operating device shall be within BAMW
specifications
2) Said device shall be placed in a roofed enclosure, ao=ding to
the specifications contained in the sound consultant's report of
08/06/90.
3) Tine device and its enclosure shall be removed upon cmpletion of
the cleanup wank, and landscaping installed, to the satisfaction
of the Director of CcmainLity Development. one Enclosure may not
remain following removal of the equipment inside for use as a
storage building.
Resolution No. 4280 (5-U-90) 08/13/9O
Page -6-
Prior to installation of arty pollution mitigation device(s), the
developer/Property owner shall execute an agreement holding harmless
the City of Cupertino from all liabilities associated with operation
of the Pollution cleanup equipent, and for any liability arising from
determination that that the cleanup effort has not been satisfactazily
ccugleted. The farm and Melt of sand AcAreemen- shall be subject to
City Attorney approval prior to recordation.
Prior to issuance of h, i i di m permits, the developer shall provide a
written report, approved by the SCM and BAAQMD describing an
alternative cleanup strategy to be implemented in the event that the
Thermal oxidation method described herein proves unsuccessful.
Prior to issuance of h,i2di g permits, the developer shall record
apprcpriat.e easements to a000m xdate placement of a public sidewalk
and a transit shelter on private lands adjoining De Anna Blvd. 2W
farm and content of said easements shall be approved by the City
Attorney prior to recordation.
FT ;.5613442!111uilia
The application shall be referred to the Architectural and site
Approval Comnittee (ASAC) for review of the building architecture and
site plan. The objective of the architectural review is to encourage
the Project sponsor to propose a high quality, unique building to take
advantage of the "gateway" location of the site. Zhe building can be
shifted to the east to increase landscaping on the DeAnza Boulevard
frontage of the site. The Ardiitec4nal and Site Approval Committee
will forward its reccamendation to City Council for final approval.
PASSED AND ADOPTED this 13th day of August, 1990, at a Regular Heating of
the Planning Conmission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: C MMISSICNERS: Mann and Chairman Claudy
NOES: CaVC SSICNERS: Fazekas
ABSTAIN: C34ML .SICNFRS: None
ABSENT: C744rSSICNERS: Mackenzie and Adams
/s/ Robert Cowan
Robert Cowan
Director of c3mmmity Development
peresos/rs5u90-3
/s/ Jahn Claude
John Claudy, Ctuairman
Cupertino Planning Commission
.
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O CQ6TRUCTION NOTES
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PLANT LIST
KLYI LOTANICAL MAYL I COMMON NAME I312LI GULN%TY' KLYAKKS
DE ANZA BLVD,§F
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LANDSCAPE PLAN
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IRRIGATION KEY
H REMOTE CONTROL WSO.'" TORO TSI saws
0 AUTOMATIC TIME CLmCT: SUCANER MTOOP
E9 ■ACE/LOW PREVENT" PESCO OOUSLE CHECK OOZY-SI/S
•• SUP►LV LINE PYC aa" CLASS SIS
LATTERAL LINE PVC CLASS EOO
S POP-UP SNRUP SPOURV MEADS TORO $TO'C' SEAMS IOCOI
WITH POLY PIPE POSEURS A- TORO ISO -*I A PLEL SWING JOINTS
T POP-UP $IDE STRIP SHRIMP "PAT MEADS TORO $TO C $IMES IP:OI
WITH POLY PIPE 1USCAIs A, TORO ISO-OI a PLES SWING JOINTS
0 POP-UP LAWN SPRAT .4AOS TORO 110 'C' SERIES IPCOI
WITH POLTtl NYLENE MISERS MOOEL a'SO-U
a POP-UP 110E STRIP LYE SPRAT HEADS TORO SUP $ST CSERIES
WITH POLVETNYLENE HERS MODEL ISO -SA
• OUSOLER PRESSURE COMPENSATING RAINa1.0 1102
MOUNTED ONPLES OISERS
S SPRI M. L EN, EHISUE TDRO SP-SOOP-IF, H.O,I-O)
WITH VOLT PIPE bSPIRS TORO SSO-01
0 SPRINKLER. LAWN CONIC) SP-3002--O,H.01-0P
WITH POLY PIPE AMA TS TORO 010-01
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- IRRIGATION PLAN z _
ON of Cuperti»o
10300 Torre Avenue P.O. Box Sm
Cupertino, CA 95014-3255 Cupertino. CA 9501S-M
Telephone: (408) 2S2-4505
FAX: (408) 252-0753
DEPARTMENT Of THE CITY CLERK
August 23, 1990
Taco Bell
Attn: Will Harris
1555 RiVer Park Drive, Suite 206
Sac:ramm3to, Califoonia 95815
Y •• I YA Y •. •��• 1� •1- tiY • ]1•. • • as I. y-.e Y 1• • ' 71' y
At their regular meeting of August 20, 1990, the Cupertino City
CY tamil cmitirn:ed the above item to the meeting of M=Iay, September
4, 3990.
If you have any questicm regarding this action, please contact the
Department of Community Develcpm7t.
S i
z us
City Clerk
DC/cs
cc: Department of Caammity Development
Matt & Chris IaMcnico
1349 Joplin Dr. #2
San Jose, CA 95118
Taco Bell
Attn: Ed Owen
1650 Borel Place #101
San Mateo, California 94402
Cites of Cupertino
10300 Torre Avenue P.O. Box 5W
Cupenmu, CA 95014-3255 Cupertino. CA 95015.0580
Telephone: p108i 2524505
FAX: (4081 252.0753
DEPARTMENT OF THE CITY CLERK
December 19, 1990
Taco Bell
1790 Von Raman
7svine, California 92714
At their regular meeting of December 17, 1990, the Cupertino City Council
approved Application 5-U-90 with a one foot difference between the ardmes,
and per ASAC Resolution No. 1591 with the exhibit revised as presented at
the meeting and with the following conditions:
1-8) Star4ard Architectural and Site Approval Committee conditions to
the extent that they do not conflict with the special oormditions
listed herein. in the event of conflict, the specific conditions
listed herein shall prevail.
9) The approval is based upon the perspective dated December 17,
1990, lighting specifications for Del Rio II, and directional
sign exhibit except as may be amerxled by conditions emmmexated
herein.
10) The street numbers shall be placed on the monument sign and shall
be clearly visible to passing motorists.
11) The monument sign shall be moved so as to stay clear of the
sidewalk site triangle as required by standard detail 7-6.
12) 4ime number of directional signs shall include two entrance signs
only and shall be no higher than 36 inches.
13) The city identification sign shall read "Welcome to a4mrtino".
The letters shall be oxidized satin brass, raised one inch with
clear pleat backing from mcunting surface and internally
illuminated so only clear plex shows light.
24) The south elevation shall have one free standing arch, the
distance from the building shall be determined between staff and
the applicant.
15) The north elevation shall not have any arch.
16) The grass area adjacent to the entrance at Bollinger Road shall
be replaced with ground cover and shrubs which are used elsewhere
on the project.
Please review conditions carefully. If you have any gmsLions regarding
the conditions of approval please cract the Department of amity
Development staff Me dxxs for clarification.
Sincerely,
DOEi0THY CHC
c= aMIC
partmenof Ccmmrdty-I
Paul Begley
Robert H. lee & Assoc.
1337 Howe Ave. #211
Sacramento, CA 95825
Matt & Chris 10lOnica
6672 Hampton Drive
San Jose, CA 95120
Will Harris
1555 Riverpark #206
Sacramento, CA 95815
DEL RIO II - 175-250-400 WATTS
Wide forward throw lighting for Service Stations, Convenience Stores, Restaurants and Parking Lots,
DESIGN FEATURES
UL Betsd As suitable for we locations
Two Year Limited Winery
'ATALOG NUMBER
LAMP
WATTS
VOLTS
M-MH
5.150
2.120
P-HPS
7.175
0.208
0
4.240
\
4.40
4.400
7•zn
6-480
Seim
Numb
Catalog No. OEL
HOUSING - The housing of the Del Roo 11 is
constructed from a single piece of heavy gauge
aluminum. It is precision cut, die formed, seam
welded and sanded smooth. The process
assures a weathertight housing without the use
of sealants while providing crisp architectural
lines. All Internal steel components are
galvanized.
FINISH . The fixture is sanded smooth then
cleaned S etched with a three stage acid base
phosphatlzing process to insure optimum paint
bonding. A finish coat of acrylic -polyester base
enamel is applied then baked to produce a
hard, durable finish that is corrosion and abra.
sion resistanl.
MOUNTING - A standard 7 inch extruded alum-
inum arm with boll guides is provided for
mounting direct to the side of the pole with no
visible hardware.
COLOR
R•Dwk Bronze
B-Black
A•Aluminum
DIMENSIONAL DATA
SIDE VIEW
DOOR FRAME AND LENS - The heavy duty
aluminum door lur4 contalns a flat heat"tempered
and impact resistant Clear glass lens. The
assembly is fully gasketed to protect the intemal
components from moisture and atmospheric
contaminants. The door frame hinges toward the
pole for unobstructed access to electrical
components.
OPTICAL SYSTEMS - Primary specular and
secondary seml•specular aluminum reflector$
are precision die formed to provide forwaro
throw optlCa. A heavy duty mogul base socket Is
mounted on a sturdy galvanized steel bracscR to
prevent vibration and to maintain consistent
photometry.
ELECTRICAL COMPONENTS - Ballast trey will
lower on support rods for hands -free acceeslbill•
ly. Ballasts are high -power factor constant -
wattage autotransformer type with 180-C Class
H insulation and capable of starting at -2011'
(-29eC). All ballasts undergo a five -stage test to
Insure adherence to specification tolerances and
maximum energy efficiency.
LENS MOUNTING LAMPED
CG•Clear Glass 7S- 7' Arm to So. Pole
SU-Solar Lens 7R- 7' Arm to Prof. Pole
TW 7- Arm to Wall
7SJ15-- 7' Arm at 15-Angle
13S• 13-Arm to Sq. Pole
13R• 13' Arm to Rnd. Pole
DS. Direct Mlg. to Sq. Pole
DR• Direct Mfg. to Rind. Pole
DW Direct Mtg. to Wall
AM- Adjustable Pole Top Mount
MM• Mast Arm Mount
L/A. Less Arm
OPTIONS
PC-Pholxetl
VS.Polyc/rbwlale
VarI Shield
SF -Single Fuse.
120V a" 277V
OF -Double Fuse
208V, 240V
and 480
SMA-Super Metal
Helics4
f
F
e
60TTOM view
LUMINAIRE•EFFECTIVE PROJECTED AREA FT.'
A e C D E F WATTAGE SINGLE DUAL Tsu OUAD
I B'li 13+1,' ay. /" e' 3' 175-250,100 16 32 37 3.7
Other arm lengths eve,lible. EPA ratings imiude irtau Mg li
JW Ughting, Inc., Copyright 1907
JET-PHILLIPS
6.awl of IKW In
KIDDE
DIVISION OF JW LIGNT/N0, INC
P.O. Box 450909
Houston, Texas 71245
fi IJ) 433-451 1
DIRECTIONAL SIGNS
16" x 36V," DF C-P Anchor Bolt
Mounted Directional Sign
Double face sign with llot pan pa lycarbonote faces, Choice of
seven standard copy selections plus arrow and Taco Bell logo.
Can be ordered in any combination.
Sign box is of extrudedaluminurn and is constructed to meet 35
PSFwindiood. Electrical meats standordsofNational Electric
Cede and Underwriters Laboratories, Inc. Sign bears U.L.
fobeL
Sign is supplied with a 3" x3'squaresteel tube with base Plate.
Foundation supplied by General Contractor.
Four Y" anchor baits required.
Electrical Specifications:
Lcmps: (2)367121 10 C.W.
Ballast: (1) Jefferson 256.131)
Conn. Lood: 1.17 AMPS
Circuits: (1) 15 AMP
Service sign by: Sliding face
Lifting Weight: 28lbs.
AM NO EXIT -� f LEFT
ONLY
ENTER
a T YOUK & , ENTER ONL
�s
36/"
DRIVE-.--> 16-
THRU
TOP VIEW
OF FOUNDATION
Civi of Cupertino
10300 Torre Avenue P.O. Box 580
Cupenino. CA 95014.3255 Cupertino. CA 95015-0580
Telephone: (400) 252-4505
FAX: (408) 252-0753
COMMUNITY DEVELOPMENT
November 27, 1990
Taco Bell
1790 Von Kaman
Irvine, CA 92714
Subject: Application ASAC 5-U-90 - Taco Bell
This letter will confirm the decision of the Architectural and Site
Approval Committee given at its regular meeting of November 26, 1990. The
subject application was reccamiended for approval per the ox-Aitions
specified in the enclosed copy of ASAC Resolution No. 1591.
This application has been forwarded to the City cmur-Al for final review
at their meeting of December 17, 1990.
Sincerely,
CITY OF COPERTINO
Town Robillard
Planner II
M=Iosure
asac%itr5u90
a
ASAC 5-U-90
RESOLUITCH NO. 1591
OF ME AND SITE APPROVAL 004MI1TEE OF IaM Crry OF CUPERIMJO
RECOt*MM M APPROVAL OF A PRECISE DEVEW MFM PLAN FOR A M FAST FOOD
REST MIM.
APPLICANT: Taco Bell
PROPERTY OWNER: Matt and Chris Lamamoo,
APP1ZCAM IS ADDRESS: 1349 Joplin Dr. 02, San Jose, CA. 95118
PROJECT IACATION: 20241 Bollinger Rd. Northeast comer of Bollinger Fid.
and De Anza Blvd.
The Architectural and Site Approval Committee finds as follows with regard
to this application:
1) That the Architectural design of the building meet the direction of
City Council that the building should be high quality and tmiqio
building that makes a statement for the City and takes advantage of
the "gateway" location of the site.
2) That the landscape plan meets the requirements of the Xeriscape
Guidelines.
3) That the sign program as conditioned herein, meets the requirements
of title 17 of the Cupertino Municipal Code.
4) That the lighting plan is in conformance to City policy.
CONDITIONS:
1-8) Standard Architectural and Site Approval committee coalitions to the
extent that they do not conflict with the special conditions listed
herein. In the event of conflict, the specific conditions listed
herein shall prevail.
9) The approval is based upon sheets 1 and 2 dated November 16, 1990,
sheet A.1A revised November 19, 1990, sheets L.l and L2 dated November
20, 1990, lighting specifications for Del Rio Ii, and directional
sign exhibit except as may be amended by conditions enumerated
herein.
10) The street rnmibess shall be placed on the mornment sign and shall be
clearly visible to passing motorist.
11) The monmient sign shall be moved so as to stay clear of the sidewalk
site triangle as required by standard detail 7-6.
12) The number of directional signs shall include two entrance sign only
and shall be no higher than 36 inches.
Resolution No. 1591 ASAC 5-U-90
Page -2-
13) Me City identification sign shall read 'Welcome to Cupertino".
%be letters shall be oxidized satin brass, raised one inch with
clear plex backing from aamting surface and internally illuminated
so only clear plea shows light.
14) The south elevation shall have one free standing arch, the distance
from the building shall be determined between staff and the
applicant.
15) The north elevation shall not have any arch.
16) The grass area adjacent to the entrance at Bollinger Road shall be
replaced with ground cover and shrubs which are used elsewhere on the
project.
17) The lattice between the front arches may be extended to a level ro
less than the bottom of the building facia.
PASSED AND ADOPIM this 26th day of November, 1990 at a regular meeting of
the Architectural and Site Approval Committee of the City of Cupertino,
State of California, by the following roll call vote:
AYES: mEmB Rs: Gong, Jackson, Lim
NAYS: MMERS: Hoxsie, Weber
ABSDUN: MEM RS:
ABSFNP: MMFRS:
Xbomas R. Robillard
Thomas R. Robillard
Planner II
asac\rso5u90a
/sl Wayne
Wayne Gong, chai„ an
Archit. and Site ApprV1. Comm.
MONUMENT SIGN
INTERNALLY IUMMINAM
CITY OF CUPERTINO SIGN
8 K Lee At A880-A-ft 110 1 TACO BELL CORP.
SIGNAGE
-Frr 1121
Cit,4 of CNperti"o
10100 Torre Mcnue
Cupcnino, CA 95011J25S
Telephone: (400) 2524505
FAX: (406( 252-0751
DEPARTMENT OF THE CITY CUAK
September 11, 1990
Matt and Chris LaManico
1349 Joplin Drive 12
San Jose, California 95118
P.O. Boa $80
Cupertino, CA 95015.0560
CITY COMCIL ACTICN - APP'LIUMCIN NO. 5-U-90 AND 4-FA-90 - TACO BETT
CIMUCIRATICU - USE PERUT TO MKT AND OPERATE A 2,000 SQ. Fr.
FREESM DING TA1(ECM RESTAURANT; LOCAM ON THE NORTHUSP 00RNER OF DE ZA
BOULEVARD AND BDLLMKZR ROAD
At their regular meting of September 4, 1990, the QTpertino City Council
granted a Negative Declaration and approved Application Nos. 5-U-90 and
4-FA-90 per Planning a>Emnissicn Resolution No. 4280 amended with the
folla.7ing Conditions:
Gfulf-1MON•• e • • u V�j,i • � • ...4 is
1. S M= WIDF gffi
Street widening, improvements and dedications shall be provided in
accordance with city standards and specifications and as required by
the City Engineer.
2. CZJRB AND C2TL'It32 12�f1DVEMENIS
Clubs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. STREEP rZGEn 1NG INSTALLATION
Street lighting shall be installed and shall be as approved by the
City Engineer. Lighting fixtures shall be positioned so as to
preclude glare and other form of visual inter to adjoining
properties, and shall be no higher than the mixiTnmE height permitted
by the zone in which the site is located.
4. FIRE SAFEPY
Developer shall comply with all fire safety requirements specified by
the City in consultation with the Central Fire District.
5. SI�,T 41�5
Street txees shall be planted within the Public Right of Way and shall
be of a type approved by the City in accordance with Ordinance 125.
6. G�AD�CJ
Grading shall be as approved and required by the City Engineer in
accordance with ordinance 125. First floor finished floor elevation
shall not exceed 24 incises above the highest top of curb elevation on
the adjoining Stalling Road frontage, unless the need for greater
elevation is demo1strated to the City Engineer for purposes of
achieving proper site drainage or resolving other technical
constraints.
7.
Drainage shall be provided to the satisfaction of the City Engineer.
8. UNDERCAIM VIZLITIES
TM developer shall comply with the requirements of the Underground
Utilities Ordinance No. 331 and other related Ordinances and
regulations of the City of Cupertino, and shall coordinate with
affected utility providers for installation of underground utility
devices. 4he developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval
of the affected utility provider and the City Er4ineer.
9. IMPROVQMENP AGREE2�27P
Mm project developer shall enter into an improvement agreement with
the City of Cupertino providing for payment of fees, including but not
limited to chaddng and inspection fees, storm drain fees, park
dedication fees and fees for undergrouniing of utilities. Said
agreement shall be executed prior to is uante of construction permits.
10. IPIAM
Zlectrical transformers, telephone vaults and similar above grail
eryclosures shall be screened with fencing and landscaping or
loccaat�indergr+ound such that said equipment is not visible from
public street areas.
11. TRANSIT TWOM
sheet. A -IA shall be modified to include a transit bus turnout and
shelter pad an the South DeAnza Blvd. frontage, according to
specifications approved by the City E ngh-mr.
SiructI IV• QRJDIPICNS AL1i1Z7ISlERID BY THE rrmwmTw UEt/EIDFMENr DEPI'.
12. APPROM E UiIBPlS
The recommendation of approval is based on Sheets A-1A, Iri, Ir2,
revised 06/12/90, 06-403 dated 06/12/90 of Application 5-U-90, except
as may be amended by the Conditions contained in this Resolution.
13. ACOUSITCAL BARRIO
The developer shall record a covenant running with the land obligating
the present or future property owner to install a masonry wall on the
easterly perimeter of the site at such time as the adjoining property
is •developed for residertiat use. The barrier shall be configured to
attain an effective 6 foot height above highest adjoining grade at any
point along its reach.
14. PARI�7G
The developer shall maintain a minimum parking ration of 1sp/4 seats
plus one additional space for each employee on premier during the
maxiamn employment period, notwithstanding the requirement to
intet=mect parking areas with adjoining properties.
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 effect 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 Camatssion 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 CammLwicn, an appeal may
be made to the City Ccunail by any interested party. Fltrther, 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.
�ti�ly� .: ti ha.t�.� .. � i�:.M_•
Zhe .subsequent Use Permit authorizes construction and operation of a
fast food restaurant, as defined in Section 4.7 of City Ordinance
1344, with a maxim= indoor seating capacity of sixty (60). Hours of
operation are limited to 7:00 AH to ll:00 PM all days.
Prohibited• activities include the installation of outdoor dining
tables, whether permanent or seasonal, live entertainment and sale of
alcoholic beverages.
7ha approved exhibits referenced in Condition 12 above shall
oonstituts the definitive development plan for the site's Planned
Development Zoning, as required under Section 4(b) of ordinance No.
618.
As part of the precise development plan required tinder Section IV (C)
of amUxmics No. 618, the developer shall obtain Architectural and
site Approval counittee approval of the coupzphensive planting and
site lighting plan, definitive building materials and color palette,
landscaping and irrigation. plan. The Committee shall also obtain
certification frsm the project landscape designer that the palette and
irrigation system comply with the Xeriscape program. The Committee's
findings shall be retx=*d to City Council for final approval.
Sign information indicated on the approved exhibits and Condition 12
above shall be subject to separate review and approval by the
Architectural and Site Approval Committee.
No public address system or paging system, powered megaphone or
similar noisemaking device shall be permitted outdoors at any time.
21. INGRESSlDGRk
The applicant shall record an appropriate deed restriction and
covenant running with the land subject to approval of the City
Attorney, which shall provide for future implementation of reciprocal
ingress/egress - easements and shared parking with the adjoining
northerly parcel, and for future ingress/egress easements and shared
parking with the property to the east if the City should deem such
requirements desirable at the time that the easterly property
develops. Said deed restrictions shall provide for shared maintenance
n:espc¢nsibility for all parcels which share a ccamnon private drive or
private roadway with one or more parcels.
The driveway access to Bollinger Road and DeAnza Boulevard is limited
to right turn in and out.
The subject Use Permit authorizes installation of a Thermal oxidation
combustion unit at the northeast corner of the site for purposes of
completing cleanup of subsurface contamination of existing soils,
according to the following principles:
1) Pmissicom from the operating device shall be within WXMD
specifications.
2) Said device shall be placed in a roofed enclosure, according to
the specification contained in the so-wd consultant's report of
08106190.
2) The device and its enclosure shall be reu=ed upon ccnpletion of
the cleanup work, and landscaping installed, to the satisfaction
of the Director of Cccmzdty Development. The Enclosure may not
remain following removal of the equipment inside for use as a
storage building.
Prior to installation of any pollution mitigation device(s), the
developer/property owner shall execute an agreanent holding harmless
the •City of Cupertino from all liabilities associated with operation
of the pollution cleanup equipment, and for any liability arising from
determination that the cleanup effort has not been satisfactorily
completed. The form and content of said Agreement shall be subject to
city Attorney approval prior to recordation.
Prior to issuance of building permits, the developer shall provide a
written report, approved by the SCM and BAAW describing an
alternative cleanup strategy to be irplanented in the event that the
Thermal cocidation method described herein proves unsuccessful.
FFF •i r +1l4�� i� i �• a is
Prior to issuance of building permits, the developer shall record
appropriate easements to accrnamdate placownt of a public sidewalk
and a transit shelter on private lands adjoining DeAnza Blvd. The
form and content of said easements shall be approved by the City
Attorney prior to recordation.
The application shall be referred to the Architectural. and Site
Approval Comittee (AW) for review of the building architecture and
site plan. The objective of the architectural review is to encourage
the project sponsor to propose a high quality,, unique building to
take advantage of the "gateway" location of the site. The building
can be shifted to the east to increase landscaping on the DeAnza
Boulevard frontage of the site. The Architectural and Site Approval
Committee will forward its rec=netr]aticn to City CoL=il for final
Support.
25. �tOOF l�TtIAL
The roof of the building shall be red tile.
26. ENPRANCE SIGN
The developer shall erect an I'M trance to the City of Cupertino" sign.
Please review crnditime carefully. If you have any 4 Ong
the conditions of approval please contact the Department of Comity
Development staff members for clarification. Failure to incorporate
conditions into your plan set will result in delays at the plan checking
If development conditions require tree preservations, do rot clear
the site until required tree protection devices are irotal.led.
The expiration data for the use permit is September 4, 1992 (Section 6.4
of ordinance No. 652 as revised by Ordinance No. 1136).
Sincerely ,
DOmIiiY , cnc
CITY C UPX
cc: Department of oammuLity Developaent.
Department of Public Works