U-1990-27bCit-4 of Cuperti"o
10300 Fora• A, ri- F.O. a.. S80
Cupvrmru. CA 95014-3:55 Cupertino, CA 95015.OS80
T,k-pho— 14081:5:-4505
F A X. 14081 15b0753
DEPARTMENT OF THE CITY CLERK
January 28, 1991
Sawako Brister
3726 Eastwood Circle
Santa Clara, California 95054
CITY COUNCIL ACTION - APPLICATION 27-U-90 - USE PERtIIT TO OPERATE A
PACKAGE LIQUOR AND COY RETAIL STURE WrnU:N A 1,000 SQ. FT. TENANT
SPACE; PLmPERTY LOCATED IN THE CCt*ffRCIA.L CENTER ON THE NORTH SIDE OF
BOT,r.TwrFn ROAD, 300 FT. WEST OF DFANZA BWLEVARD
At their regular meeting of January 22, 1991, the Cupertino City Council
granted a Negative Declaration and approved your application per Planning
Conmtission Resolution No. 4317 with the follow conditions:
The rec=nendation of approval is based on Exhibits A and B, dated
January 14, 1991, e=ept as May be amended by the conditions stated in
this Resolution.
'J el- ]!1- ] I]
The property • caner shall complete an agreement for reciprocal
ingress/egress with owners of adjoining properties. The agreement
shall be implemented at such time as the adjoining property owner(s)
is obligated by the City of Cupertino to participate in a similar
agreement.
3. PARKING
The minimum on -site parking shall be 75 parking spaces. If the City
of Cupertino determines in the future that the cn-site parking is not
adequate, a public hearing may be initiated and the property caner may
be required to aco:xplish alternative solutions to said parking
problem.
4. LANDSCAPE RESTIkW
The property owner shall go before the Architectural and site Approval
Committee for review and approval of a final Landscape plan for
rejuvenation of the on -site landscaping. The material type shall be
in conformance with the City of Cupertino Xeriscape guidelines. The
ASAC review shall be completed within 6 months of building occupation
by applicant and installation of approved landscaping/irrigation
within one year of occupation.
5. PRIOR CONDITIONS OF APPFb7VAL
All prior conditions of Use Permit 9-U-89 and 1-U-89 shall be
ccupleted to staff's satisfaction prior to the granting of the
applicant's liquor license.
6. HOURS OF OPERATION
The hours of operation shall be in conformance with the General
Coamercial Ordinance, with evening closing time not later than 11:00
p.m. any day.
7. USE LIMITATION
The subject Use Permit authorizes sale of package liquor and
prepackaged food. No "made to order" or on -site preparation of food
is allowed. No seating is approved for this use.
8. S C3
On -site signage shall be in conformance with the approved
Architectural and site approved sign program for the center. A
building permit must be obtained by the Building Department prior to
installation of said sign.
9. MASONRY WALL
The property owner shall repair the masonry wall along the east
property line. The BuUding Division should be contacted to determine
if a building permit is required.
Please review c a:ditions carefully. If you have any 4uestians regarding
the omditiors of approval. please cacstact the Department of Comi pity
Development staff members fcr clarification. Fai.lu rn to ir-mpc*ate
conditicre into yaw plan set will result in delays at the plan decking
stage. If development ccediticns regAre tree preservations, do not clear
the site until requited tree protection devices are installed.
The expiration date for the use permit is January 22, 1992 (Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
,
Y M 71.1
cc: Department of Camunity Development
Department of Public Works
Casco Management
101 Metro Drive, Suite 100
San Jose, CA 95110
Jedee Schultz
101 Metro Drive, Suite 100
San Jose, CA 95110
27-1-90
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4317
OF THE PLANNING CCHISSSION OF THE CM OF CUPEE2P O
APPROVING A USE PERMIT TO OPERATE A PACMGE
LSQUOR AND GROCERY RETAIL STORE
SECTION I: FINDINGS
WHE;U 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
WMMEAS, 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
acconmodate 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 inprovem=nts in the neighborhood.
NOW, THEREFORE, HE 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 reconmtiended 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 27-U-90 as set forth in the Minutes of the Planning
Commission Meeting of January 14, 1991, and are incorporated by reference
as though fully set forth herein.
Resolution No. 4317 (27-U-90) January 14, 1991
Page -2-
=ON II • PROJ T DESCIL�a ION
Application No: 27-U-90
Applicant: Sawako Brister
Property owner: Casco Management
Location: BoolliMer Plaza on Bollinger.
west of De Anza Boulevard
SDCPION III: CONDITIONS AEMMSTFRID BY TM CCMUNM DEVECDPMEar DEPr.
1. APPRMW F QBTIS
The recc mler4ation of approval is basest on Exhibits A & B, dated January
141 1991, except as may be amended by the Conditions contained in this
P.esoluticn.
2. FUlm INGFFSS/EGRFSSEASIIiFSIPS
The property owner shall complete an agreement for reciprocal
ingress/egress with owners of adjoining properties. The agreement shall
be inplemented at such time as the adjoining property owner(s) is
obligated by the City of Cupertino to participate in a similar agreement.
3. P II
'The minim= on -site parking shall be 75 spaces. If the City of Cupertino
determines in the future that the on -site parking is not adequate, a
public hearing may be initiated and the property owner may be required to
accomplish alternative solutions to said parking problem.
4. LANDSCAPE REVIEW
The property owner shall go before the Architectural and Site Approval
coamittee for review and approval of a final Landscape Plan for
rejuvenation of the on -site landscaping. The material type shall be in
conformance with the City of Cupertino Xeriscape guidelines. The ASAC
review shall be ccepleted within 6 months of building oowpation by
applicant & installation of approved landscaping/irrigation within one
year of occupation.
5. PRIOR CONDTTIONS OF APPROVAL
All prior conditions of Use Permit 9-U-89 & 1-U-89 shall be caarpleted to
staffs' satisfaction prior to the granting of the applicants liquor
license.
G. HOURS OF OPERATION
Me hours of operation shall be in conformance with the General Commercial
Ordinance, with evening closing time not later than 11:00 PM any day.
Resolution No. 4327 (27-U-90) January 14, 1991
Page -3-
7. U ' LM PATZOH
The subject Use Permit authorizes sale of package liquor and Prepackaged
food. No "mad to -order" or on -site preparation of food is allowed. No
seating is approved for this use.
8. S CS
on -site signage shall be in conformance with the approved Architectural
and Site approved sign program for the Center. A Building Permit must be
obtained by the Building Department prior to installation of said sign.
9. MASONRY 4S
The property owner shall repair the masonry wall along the east property
line. The Building Division should be contacted to determine if a Building
Permit is required.
PASSED AND ADOPTED this 14th day of January, 1991 at a regular meeting of
the Architectural and site Approval c=uttee of the City of Cupertino,
State of California, by the following roll call vote:
AYES: mEmBERS: Fazekas, Mann, Mackenzie, Chairman Claudy
NOES: MEMBERS: None
ABS'DUN: MEMBERS: None
/s/ Robert Cowan 1s/ John Claudy
Robert Cogan John Claudy, Chairman
Director of Comm nxty Development Cupertino Planning Ccamission
brister/peresos
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