U-1991-05bCit4 of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252.4505
DEPARTMENT OF THE CITY CLERK
July 3, 1991
Mario Land no
2016 FTir.rfiel Drive
San Jose, California 95148
P.O. Box 580
Cupertino, California 95015
CITY COIrm A=CN - APPLICATIONS 5-U-91 AND 9-EA-91 - USE PERMIT TO
OPERWE A 2,219 SO. FT., 60 SEAT, SIT DOWN RM120RANT WMIIN AN EXI&MG
COMMERCIAL CENM; LOCATED 203443 STEVENS CREEK BOULEVARD (ST. JOSEPH'S
CENTER
At their regular meeting of July 1, 1991, the Cupertino City Council
granted a Negative Declaration, and approved your applications per Planning
Owmi.ssicin Resolution No. 4346 with the following conditions:
The recatizendation of approval is based an the Site Plan, Floor Plan
and staff report dated June 24, 1991, except as may be amended by the
conditions contaitied herein.
The subject Use Pmsmit grants the operatim of a 2,220 sq. ft. eating
estabniabm nt with a maximum of 68 seats. Any take-out food operatim
shall be, inr_idmtrn to sales of food for Iona mgticai an the premises.
3. PARKING EF.FICIT
This use permit authorizes a parking deficiency of eight spaces at the
center. The Planning Commission reserves the right to reduce the
number of seats On the premises should a parking shortage arise in the
future.
4. TRIP CQSIRAI T
Land Use intensity for this shopping center shall be limited to an
intensity that will not generate more than (16) one way trips per acre
during the peak traffic hour. Fbr purposes of ensuring compliance
with the Traffic Intensity Performance Standard, the following
accounting of trips is harebell incorporated in the project approval:
TRIPS C BY SITE: 58.70
TRIPS ALLOCATED TO PROJECP SITE: 58.90
SUREIMS TRIPS: .20
In the event that a development does not utajize the full 16 trips per
acre allocated by the trip end performance standard, the owner of
record shall have the ability to retain, sell or transfer tripe with
other property owners within the Traffic intensity Performance
Standard Area. All sales or transfers of trips shall be filed with
the Director of Planning and Development and the city clerk. No sales
or transfer shall be considered finally consummated until a Use Peximit
has been approved for the property to which the trips are to be
applied.
The property owner shall record a covenant to describe the trip acre
constraint and the total number of trips allocated to the particular
development. The covenant shall have appropriate wording to suggest
that future purchasers of the property consult the U41vidual Use
Permit file to obtain an updated status resort of the total number of
trips allocated.
6. TM PRCMSMaM
The applicant shall provide a certified arborist report for all
on -site trees. The specific arborist shall be approved by staff. The
report shall determine the existing health of said trees, and propose
specific mitigations for their continued health. If replacement of
trees is required, 48• box minimum is requ,red. The report and
specified mitigations shall be cmpleted prior to applicant occupancy.
Please review conditions carefully. if Yon have any questions regarding
the conditions of approval please contact. the Department of Cmumity
Develnt staff memix2s far ClaZifioefiim. Failure to inmzporate
000ditoFsoeiais into Your plan set vi lI result in delays at the plan checi�irug
stage. Zf development conditions zequire tree pseoervations, do not clear
the site until required tree protection devices are installed.
The mcpiration date for the use permit is July 1, 1993 (Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
.a
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.. NO ► •• Y I:A
. M D ,N'
oc: Department of Camnmity Develvpnest
Department of Public Works
Bill McBee
04iertino Sanitary District
20065 Stevens Cheek Boulevard
Cupertino, CA 95014
Jane Bierstedt Carla WLIkey
Barton-Aschmen Associates M V Partners
100 Park Center Plaza, #450 920 West Fremont Avenue
San Jose, Ca 95113 Sumnpvale, CA 94087
5-U-91
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4346
OF 7HE PLANNING C3rWMION OF THE CITY OF CUPERTINO
REOOMME IDING APPROVAL OF A USE PERMIM TO
OPE321ATE A 2,220 SVIARE FOOT EATING. WDOLIS OUM
WITH 68 SEATS
SEC'ITON 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 is in conformance with the General Plan of the City
of Cupertino.
b) That the proposed use is in conformance with the Traffic
Intensity Performance Standard, dated May 1990.
c) That the proposed use is in conformance with the Stevens Creek
Conceptual Plan dated Revised November 14, 1983 with regard to
type of use and land 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 reccame ded 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-91 as set forth in the Minutes of the Planning
Commission Meeting of June 24, 1991, and are incorporated by reference as
though fully set forth herein.
RESOIUPSON NO. 4346 (5-U-91) Jane 24, 1991
Page -2-
Application No(s): 57i-91
Applicant: Mario Landino
Property Owner: WDV Partners - -
Project Location: St. Joseph Center' N. side of Stevens
Creek Blvd. 400 ft. east of De Anza
Boulevard
F�Jpmktcq �• ab -
The recommendation of approval is based on Site Plan, Floor Plan and
staff report dated June 24, 1991, except as may be amended by the
Conditions contained in this Resolution.
;'tea•
The subject Use Permit grants the operation of a 2,220 sq.ft. eating
establishment with a maximum of 68 seats. Any take-out food operation
shall be incidental to sales of food for consunt9tion on the premises.
• :� �h� � �IBI MY�
This use permit authorizes a parking deficiency of eight spaces at the
center. The Planning Commission reserves the right to reduce the
number of seats on the premises should a parking shortage arise in the
future.
4. TRIP OONSTRAINr
Land Use intensity for this shopping center shall be limited to an
intensity that will riot generate more than (16) one way trips per acre
during the peak traffic hour. For purposes of ensuring compliance
with the Traffic Intensity Performance Standard, the following
accounting of trips is hereby incorporated into the project approval:
TRIPS GENERATED BY SITE: 58.70
TRIPS ALLOCATED TO PROJECT SITE: 58.90
SURPLUS TRIPS: .20
In the event that a development does not utilize the full 16 trips per
acre allocated by the trip end performance standard, the owner of
record shall have the ability to retain, sell or transfer trips with
other property owners within the Traffic Intensity Performance
Standard Area. All sales or transfers of trips shall be filed with
the Director of Planning and Development and the City Clerk. No sales
or transfer shall be considered finally consummated until a Use Permit
has been approved for the property to which the trips are to be
applied.
RFSOLUrICN NO. 4346 (5-U-91) June 24, 1991
Page -3-
5.
The property owner shall record a covenant to describe the trip acre
constraint and the total number of trips allocated to the particular
development. The covenant shall have appropriate wording to suggest
that future purchasers of the property oonsult the individual Use
Permit file to obtain an updated status report of the total number of
trips allocated.
The applicant shall provide a certified arborist report for all
on -site trees. The specific arborist shall be approved by staff. The
report shall determine the existing health of said trees, and propose
specific mitigations for their continued health. If replacement of
trees is required, 48'1 box minimum is required. The report and
specified mitigations shall be completed prior to applicant occupancy.
PASSED AND ADOPIM this 24th day of June, 1991 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California by the
following roll call vote:
A •• I • F. P. P 1• r �? �?
/s/ Robert Cowan
Robert Cowan
Director of Community Development
resos/pc5-u-91
/s/ Donald Mackenzie
Donald MacKenzie, Chairman
Cupertino Planning Commission
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NCTTCE OF DUERMnU CU
Application 5-U-91
Mario Iandino
At their meeting of July 1, 1991, the City Council of the City of
Cupertino considered the request for a user permit filed by Mario
Iandino. the project is located at St. Joseph Center on the north
side of Stevens Creek Boulevard, 400 ft. east of DeAnza Boulevard.
The project is described as a Use Permit to authorize a 2,200 sq.
ft., 68 seat formal restaurant tenant within an existing retail
complex.
The decision of the City Council was to approve said project. The
Planning Conmi.ssion, by filing a Negative Declaration on this project
on September 10, 1991 has determined that the project will not have a
significant irpaaet upon the envirorment and therefore, no
Ehvirormbental Impact Report has been prepared. The Negative
Declaration has been prepared pursuant to the provision of State and
City guidelines. A Copy of said Negative Declaration is available in
the office of the City Clerk, 10300 Torre Avenue, Cupertino,
California.
Ri+Uerta Wolfe
Deputy City Clerk
City of Cupertino
DEC 6 1991
;��tba e111ca of lh�lirit
state K, ,makawa
CauaS� Clerk �� •,n.. :�