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U-1992-04bCITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Councilmembers Chairman and Planning Commission From: Robert S. Cowan, Director of Community Development I sc, Date: December 13, 1994 Subj: Minor Modification of 4-ASA-94 (Boston Chicken) and interpretation regarding application 4-U-92 (previously Cafe Rendezvous). 10385 S. De Anza Blvd. Chapter 19.132 of the Cupertino Municipal Code allows for administrative approval of minor changes to a project. The Director reports his decision to the City Council and Planning Commission in time to allow any Councilmember or Planning Commissioner to appeal the decision within fourteen calendar days. Application: Minor Modification of 4-ASA-94 (Boston Chicken) and interpretation regarding application 4-U-92 (previously Cafe Rendezvous). Boston Chicken, 10385 S. De Anza Blvd. Description: The applicant, Boston Chicken, is proposing to occupy the current Cafe Rendezvous. Boston Chicken received approval from the Planning Commission on May 23 for minor exterior architectural modifications. These modifications included removal of the existing hip'roof and the addition of a parapet and multi -colored canopy (see attached elevations). The applicant's proposal is to obscure the north facing windows and move the entrance door by 12' to the east. These changes are a result of the Boston Chicken restaurant floor plan. The proposed windows will obscure views into the new kitchen (see floor plan) and the entrance door realignment will position people in line with the food ordering counter and cashier. As described in the attached letter, this facility will prepare a limited amount of food to be delivered to other Boston Chicken restaurants in the area. The deliveries will be a maximum of five trips per day from a small refrigerated truck. The hours of these deliveries are consistent with the restaurant hours of operation (7:00 AM-11:00 PM). The Director interprets the preparation of food products for other Boston Chicken operations to be incidental and consistent with the existing conditional use permit because of the size and scope of this portion of the operation. Action: Approved the minor modification to the architectural features and interpret that the incidental catering to other Boston Chicken restaurants is minor in scope and does not warrant a modification to the conditional use permit. c: Peder Kruger Enclosures: - Boston Chicken Operational Statement - Plans pages P-I, P-2, P-3, P-4 dated 11/30/9.4 & A-7 dated 4n194 - City Council Action letter of July 22,1992 g*bVort/4 -94 R SCHEDULES MATERIAL LEGEND S wu +tpa0 Mw '0 :nw'wrr.a••'�t •rt:w(= mai sie �.([u { r smr m.1.cr • nwr«>•m• �` nwo`r•`w1i •eiva.i. e�.a.[ raw(e OO N[[ L~Mgt [tiff{•�FK.KC a4l f.O+1K{ F w suci, smw�. c�<ro o. riili.l eiiur(i i��.R.{.I IOLLOVL {...P Si.�ea 1C .ulO.�P�i.Q ROP G�•{ O YI .40..w[ti O..w.Gt . Q <e.n ru[rww sa.a n ecc>,[a s.�ws GLASS LEGEND pr.elAAr.G Owi9 Or fmA.,i.a aMa © .� rwofO aws9 NOTES nw.wO .a1...nM n M CO•r 016®. �Od I[LD, m► wa r rt.a1 m.re ncad sf.ro .awe uru y FrOVI.wrOfr...O SrltOOL06 t,,{r AS We# q fall[,..6 ]7}S Sp1E1 Ca019 rO R b s[Om {RK co.o rm wu, ro nn tii ns•a sn.aA necrvw....r M ro s rwr® wn..m n o.a oe•r O aam. nsrre+a w..r9 �w yp w0. os, 00.! wnR .Ur I.Y. tww . [rgCf Vua ewa..wr y710 a(a GaOm rot .s+tam KEY g EXTERIOR ELEVATIONS r W6rar ON IORTH ELEVATION re"�_-- RUSS WATSON ASSOCIATES Klw• 'a O.nr.. o..-. S,.«I. Son rran({•e. l'. 1.13 -157 1� .]] Jyrl /+{ .l] .7J J]JO RESTAURANT REMODEL 10388 SOUTH OE ANZA BLVO. CUPERTWO. CALIFORNIA r wocrro 94402 EXTERIOR ELEVATIONS DO NOT SCALA ORAWF6S �.n rww A-7 �N 0,994 RUSS WATSON ASSOCIATES Cit-4 of CHperti"o 10300 Torre Avenue P.O. Box 580 Cupertino, CA 95014.3255 Cupertino, CA 95015-0580 )4081 252-4505 FAX: (408) 252-0753 OFFICE OF TBE CITY CLERK July 22, 1992 Bill & Amalia, Inc. 103385 South LZA Boulevard Cupertino, California 95014 CITY CMCM ACTION - APPLICATION No. 4-U-92 - BILL & AMALIA, INC. - USE PERMIT FOR: AN EXrsTING RESTADRANT WITH FULL SERVICE BAR; PROPERTY IS LOCATED AT 10385 SO= DERM BOULEVARD At their regular meeting of July 20, 1992, the Cupertino City Council approved your application per Planning ammission Resolution No. 4412 with the following conditions: nie recommendation of approval is based on the Site Plan and Floor Plan dated April 5, 1992, e=ept as may be wwnded by the 000ditions stated in this Resolution. Subject Use Peamit authorizes a separate cocktail bat in a full serv3.08 restaurant as depicted in the plans referenced above. The total number of seating dedicated to a separate bar is limited to 25% of the total seating allowed. The hours of operation shall be consistent with the allowed daytime operation hours identified in the General Commercial Ordinance and shall not exceed 11:00 p.m. 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 mak.-s 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. f If the Director finds that the requested changes are material, such changes shall be referred to the Planning Commission 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 Comnission, an appeal nay be made to the City Council by any interested party. Further, any Member of the City Conch. 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. No public address system or paging system, powered megz#ione cW ( ' similar nolsemakin-g device shall be permitted outdoors at any time. An acknowledged parking deficiency exists at the center. the Planning Commission reserves the right to review this Use Permit if overflow situations arise. The corrective action may include, but is li not limited to, requiring that the parking lot be restriped to increase the compact parking spaces to 50% or greater or limiting the hours of operation of businesses at the center. The property owner is herby deferred frcmm the special street and landscape laprvvemmelmts as required in the South DeAnZ a Conceptual Plats. The purpose of the deferment is described in Planning Commission Resolution No. 2785. This applications is the first Use permit application since the 1986 Planning Cammission Minute Order. It Is acknowledged by the property owner, if the bar operation is instituted, that the 25% cumulative Floor Area of the total building area (76,630 sq. ft.) is 19,158 sq. ft. By subtracting the proposed restaurant (4,000 sq. ft.), the applicant has 15,158 sq. ft. of building area remaining prior to the requirement that the special streetscape and landscape Mgnvvenents be implemented. Please review camditims clreft 11Y. If you have any questions regarding the oxditions of appr-a pleam —*act the Dep=Umt of Ctmmity Development staff members for clarification. c ate. Failure to inaan paste conditions into your plan set mill result in delays at the Plan g If development crnditiras requim tree iprmeeervatinos, do not clear tthhsite until required tree pi otectim devices are The eViratim date for the use permit is July 20, 1994 (Section 6.4 of ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, DC+RO7HY OORNEGIUS, Q� CITY CCgtM . cc: Department of Community Development Department of Public Works Bill McBee Ron E. Cali Cupertino Sanitary District 10497 S. DeAnza Blvd. 20065 Stevens Creek Boulevard O*ert no, CA 95014 Cupertino, CA 95014 (ems Hontalas 1071 Bryant Way Sunnyvale, CA 94087 Boston Chicken Operational Statement 10385 S. De Anza Blvd. Cupertino, CA Boston Chicken is a new concept in California and is best described as a Family Oriented Fresh Food Deli Style Restaurant. All food is prepared daily and our menu focuses on fresh, whole chickens which are marinated and then cooked in brick lined gas rotisserie ovens. The cooking process takes approximately 2 hours and is completed in full view of our customers. Boston Chicken also prepares a variety of specialty side dishes daily, including made -from -scratch Mashed Potatoes, Gravy, Butternut Squash, zucchini in Marinara Sauce, and freshly -baked Cornbread. Boston Chicken offers these foods in a deli -style format. Our customers begin their orders by selecting their choices from a menu and placing that order with a food server. As our customer places this meal order, a food server carves their meat portion and then places the meat portions on their plate. Side dishes are then selected from a deli -style display case and placed on their plate by a food server. Our customer then pays for the meal and carries it on a tray to their table. This location will seat approximately seventy people. In this facility, Boston Chicken will also prepare a limited selection of food products and menu items for use in other Boston Chicken Restaurants in the area. Deliveries to these locations will be on a daily basis in support of our commitment to fresh products, but will be made on a batch route basis, requiring only _one or -two -trips in and out of this facility per day by the -delivery vehicle. --we will be utilizing a small refrigerated truck for these deliveries. We believe that there is no significant traffic impact from this aspect of our operation. Our Boston Chicken restaurants typically operate from 6:00 am to 10:00 pm, seven days a week, employing 45 to 50 full and part-time employees with approximately 8 employees working per shift. Boston Chicken does not sell alcoholic beverages. 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PLANZA : O L V A awa[.t 1••aN CIMM 1W- aaY J 1•.�.. nlaaul-tas !wa i. ms la 1/TN �1 •I..YCIK Iw• 1•Nt . 1/:r IQ •K./•t 1.•M• 1•w• � tafK M[la [KttL.tl1 fla I1C11•.a tlaca• {.. tIW iw f1aC{! .•ralaa{ t W. iMIK-r•rapM {ate[ MIl• ,....Iw [ytrlrt .» 11. lalalatu a• •N tlti rltrat i. t]!1 a[[Mtt [aI.C11K. {[Ct1A ,.: r 11•'altra,a trYl1 a..a•. �L,IOa 1.1 - •Nw.O rar lw•t W KW a.K. to 1M1• aI•a1[.f 1[M !pt ate{ HI•nit—� _ Summac y /WLOW4 oumtywy a•+wf .t.w n.1a+o7t.Nt••�.•... PAP r•AG I.•JN,'AA,•f fiMfAGi A••/1 •I.4 f:ALi4 TILL //•✓IYl) iU44 Legend ' L fcnfecT Mlrn•i };Att Nt. Maas ttA/ fN le'N•a fPK APPROVED OLNCIL Signed -_?1am1g a- 400 /.I. L 71../)b 4.0.... .- _.. j-- 4• .svitiOL fN of r CITY OF CUPERTINO 10300 Torre Avenue GuPertino, California 95014 RESOLUTION No. 4412 USE PERMIT for an existing restaurant with full service bar. �.t on T • Ft r,rlirxrs RmMs, the Planning commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application.; and WHEREAS, the Planning Cotmiission finds that the application meets the following requireme: a) That the proposed use and existing uses are in conformance with the • General Plan and with the Zoning designation for the site. b) That the property and building area is of an adequate size and shape to accommodate the proposed use. c) That the proposed use is otherwise not detrimental to health, safety, peace, and general welfare of persons residing or working in the neighborhood of such a proposed use. d) The special street and landscape standards are deferred according to Resolution No. 2785 of the Planning ocamission. e) The subject Use requires the same parking as the previous use and no anticipated parking problems are expected. Eton �I• Prniec't. D�-on Application No(s): 4-U-92 Applicant: Bill & Amalia 1W Property Owner: Ca1-Firancial MgnaaemgM Project Location: 10385 S,�DP_Anza Blvd. The recaimendaticn of approval. is based on the site Plan and Floor Plan dated June 16, 1992 (revised) and the Elevation Plan dated April 5, 1992 except as may be amended by the caxiiticn stated in this resolution. Resolution No. 4-U-92 July 13, �992 Page -2- Subject Use Permit authorizes a separate cocktail bar in a full service restaurant as depicted in the plans referenced above. The total nmamber of seating dedicated to a separate bar is limited to 25% of the total seating allowed. The hours of operation shall be consistent with the allowed daytime operation hours identified in the General Commercial Ordinance and shall not exceed 11:00 P.M. in the event that the applicant or subsequent property owner shall desire to make any minor changes, alterations or amendment of the approved plan,development submitted tothe Director of Planning and Development. If the D 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 on the revised plan. If approval of said changes is withheld, the applicant may appeal to the Planning ammission. If the Director finds that the requested changes are material, such changes shall be referred to the Planning Commission 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 dwries are approved by the Planning Commission, an appeal may be made to the City Council by any interested party. FXwther, any Member of the City Council may request a hearing before the City Council regarding said approved charges. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Commission. • No public address system or paging system, powered megaphone or similar noisemaking device shall be permitted outdoors at any time. .: ;yvl� An acknowledged parking defioency exists at the center. The Planning Commission reserves the riot to review this Use Permit if overflow parking situations arise. The corrective action may include, but is not limited to, requiring that the parking lot be restriped to increase the compact parking spaces to 50% or greater or limiting the hour of operation of businesses at the center. Resolution No. 4-U-92 July 13, 1992 Page -3- 6. rAM The property owner is hereby deferred from the special street and landscape improvements as required in the South De Anza Conceptual Plan. The purpose of the defe=ment is described in Planning Comnission Resolution No. 2785. This application is the first Use Permit application since the 1986 Planning Cmuission Minute Order. It is acknowledged by the property owner, if the bar operation is instituted, that the 25% cUallative floor area of the total building area (76,630 sf.) is 19,158 sq. ft. By subtracting the proposed restaurant (4,000 sq. ft.) the applicant has 15,158 sq. ft. of building area remaining Prior to the requirement that the special streetscape and landscape inpsovements be implemented. PASSED AND ADOPTED this 13th day of July, 1992 at a regular meeting of the Planning ccomassion of the City of Cupertino, State of California, by the following roll call vote: AYES: MEMBERS: Mann, Austin, McKenzie NOES: RIDERS AB.snMN: MEMBERS ABSENT: MEIERS Mahoney, Fazeas Robert Conran Director of Omamzdty DevelaUent PC RE` OS/4U92 • Daryl FazeCas, Chairman Plarming Ctimnissicn