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U-1993-03b10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department July 12, 1994 Jabar Singh Bombay Oven 20803 Stevens Creek Boulevard Cupertino, California 95014 SUBJECT: PLANNING COMMISSION ACTION LETTER - Application 3-U-93 This letter confirms the decision of the Planning Commission, given at the regular meeting of July 11, 1994, approving a use permit according to the enclosed copy of Planning Commission Resolution No. 4540. Please note these conditions carefully. Subsequent submittal of materials for building permits or other entitlements will be checked for compliance with lice conditions listed in the Resolution; discrepancies may result in processing delays. Please contact our office if you have questions about this matter. Please be aware that an appeal of this decision can be made within fourteen calendar days of the decision. If this occurs, you will be notified of a public hearing which will be scheduled before the City Council. Sincerely, e�� Thomas Robtllardo Community Development Department Enclosure Resolution No. 4540 vlwinworanenen/3u93 Pnmed an net Ard Paper 3-U-93 (ASA) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4540 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A LANDSCAPE PLAN FOR AN EXISTING RESTAURANT. ,FCTION I: PROJECT DESCRIPTION Application 3-11-93 (ASA): Bombay Oven: 20803 Stevens Creek Blvd.: Requesting review and approval of a landscape improvement plan of a previously approved use permit for an existing restaurant. SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for landscape improvement plans for an existing restaurant, as described in this Resolution; and WHEREAS, the landscape plan is in conformance with the conceptual landscape requirements of the Xeriscape Ordinance and condition 5 of Use Permit 3-U-93. NOW, THEREFORE, BE IT RESOLVED: That alter careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the landscape improvements for the building is hereby approved subject to the conditions which are enumerated in this Resolution; 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 3-U-93 (ASA) as set forth in the Minutes of the Planning Commission Meeting of July 11, 1994, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. 1. Ap roval: The approval is based on the landscape improvement plan of 3-U-93 (ASA) with the provision that the Pear tree be an ornamental pear. PASSED AND ADOPTED this I Ith day of July, 1994 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle, Harris, Roberts and Chairman Mahoney NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: /s/ Robert Cowan Robert Cowan Community Development Director g1mm\perosos/3u93a5a APPROVED /-I Orrin Mahoney Orrin Mahoney, Chairman Cupertino Planning Commission. APPROVED PLZZWL Signed Date V �orl he X�ST��G06LZ�E147JTJ r T } r ! "_S_ZlrSLK'A pjusT_RE :;i rN • - —_�-�� ;' 'S. :�: irk ��'•' .70 Ai 1LOCO41. ,{E�I :n VL � Z �. ,N Ulu i',U�VI — —• --- 6 ,- c '^ J ' . 2 '! � ` • i '' � f •` EXIST NC3yS�TE '•::FIB AN= a=%• . _—._.._. .._--�--' - •--�1r_•_---:ram In----�-_•-,-,—•:-�•-�-s�•a-T•� i 20803 STErVENS CREEK BLVQ� CUPERT�NO.CA� . . . . . . . . . . . Ll ITJ At` 10 — FT - pup M t I 0 1-1 "z— U 1 .7 1 Ll �blTl —Trtr .a t ,N �RF14"0CN, V. ......... Or .40 .00 .20803 s-riEIvaNS CFUEEEK OL-Vl:�, C:UPlEF;VrlmOC Ohl of CWpertblo 10300 Torre Avenue P.O. Boa 580 Cupertino. CA 95014-3255 Cupertino. CA 95015.0580 Telephone: 14081 252.4505 FAX: 14081 252-0753 COMMUNITY DEVELOPMENT August 10, 1993 Jabar Singh 4445 Stevenson Boulevard, 043 Fremont, California 94538 Subj: PLANNNING COMMISSION ACTION LETTER Application 3-U-93 - Jabar Singh This letter confirms the decision of the Planning Commission, given at the regular meeting of August 9, 1993. approving a use permit according to the enclosed copy of the Planning Commission Resolution No. 4468. Please note these conditions carefully. Subsequent submittal of materials for building permits or other entitlements %ill be checked for compliance with the conditions listed in the Resolution. discrepancies may result in processing delays. Please contact our office if you have questions about this matter. Please be aware that an appeal of this decision can be made within fourteen working days of the decision. If this occurs, you will be notified of a public hearing which will be scheduled before the City Council. Sincerely. 1�J Michele Biu. Community Development Department Enclosure Resolution No. 4468 cc: Richard Messina g: tnrn`1cttm1Jt3u93 3-U-93 CITY OF CUPERTINO 10300 Torrc Avenue Cupertino, California 95014. RESOLUTION NO. 4468 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR A 92 SEAT RESTAURANT IN AN EXISTING BUILDING SECTION 1: FINDINGS WHEREAS, 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 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 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, 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 recommended 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 3-U-93 as set forth in the Minutes of the Planning Commission Meeting of August 9, 1993, and are incorporated by reference though fully set forth herein. SECTION 11: PROJECT DESCRIPTION Application: 3-U-93 Applicant: Jabar Singh Property Owner: Richard Messina Location: 20803 Stevens Creek Boulevard Resolution No. 446H (3-U-93) August 9, 1993 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS The recommendation of approval is based on Sheet 01 dated June 27, 1993, titled "Renovate (E) Restaurant No. Exterior Changes for Mr./Mrs. J.J. Singh", except as may be amended by the Conditions contained in this Resolution. 2. PROPERTY USE CONSTRAINTS The subject use permit authorizes the operation of a full service restaurant with a maximum of 92 seats. A separate bar facility is not authorized by this permit. Hours of operation arc limited to 7:00 a.m. to 11:00 p.m. daily. 3. TERM OF THE PERMIT The subject use permit shall become null and void and of no effect five years after adoption, that is this use permit expires on August 9, 1998. All regulations prodded in Chapter 19.29 of the Municipal Code remain in effect. 4. HANDICAPPED PARKING The applicant shall restnpe the par in lot as needed toproidde one regulation -sized handicapped parking stall. �=t- I "�(�. z-I o � I zJ-, --� r r, c_ t- d ie a to !§PLq c-G 5}a�'— �`. t7 5. PRECISE LANSCAPE RE '"u^tea '� )' (1l1" ".e cC. s/r2 t:-,✓ �� The applicant shall prepare a detailed landscape and irrigation plan and obtain ASAC approval prior to building permit issuance, The plan shall show the removal of the redwood tree adjacent to Saich Way and its replacement with a 15 gallon size tree. This use permit authorizes the removal of the Giant Sequoia. intent to refurbish landscape/irrigation in conformance with Xeriscape Ordinance. 6. ROOFTOP EQUIPMENT All new and existing rooftop equipment shall be fully screened from street view by the equipment screen. 7. RODENT CONTROL The applicant shall retain the services of a licensed pest control company to complete a pest control plan prior to start of construction improvements. Said plan will be appmvcd by the County Health Department. PASSED AND ADOPTED this 9th day of August, 1993. at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Bautista, Doyle and Vice Chairman Mahoney NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Roberts and Chairwoman Austin ATTEST: APPROVED: /s/ Robert S. Cowan /s/ Orrin Mahoney Robert S. Cowan Orrin Mahoney, Vice Chairman Director of Community Development Cupertino Planning Commission CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 252-4505 To: Mayor and City Councilmembers From: Robert Cowan, Director of Community Development Date: August 10, 1993 Subj: REPORT OF PLANNING COMMISSION FINAL DECISIONS MADE MONDAY, AUGUST 9. 1993 Chapter 19.32 of the Cupertino Municipal Code provides for appeal of decisions made by the Planning Commission Application Application 3-U-93 - Jabar Singh, 20903 Stevens Creek Boulevard. Description Use Permit for a 92 scat family sit-down restaurant in an existing building. ction The Planning Commission approved the Use Permit on a 3-0 vote. Approval is effective August 9, 1993. The fourteen calendar day appeal will expire on August 23, 1993. Enclosures: Planning Commission Staff Report dated August 9, 1993 Resolution No. 4468 Applicanfs Statement of Activities, no date Exhibit dated 6/27/93 rmmhnanm3u93 APPROVED CITY COUNCIL I ' ! , P • ' v� MIY Crfaal � '• 3 ..n•_ ..n .: R i .,'.a.y. .M Signed ,nl tyr,q... .,. ;,{•awn• r,w ��%� Date t _ :.• - g ..n..:..rf_. y .w..j__.a__ -r._ A.a. ...r PLANNI G C 2 111.11SSION �c6VE! 'f yw fl�h },•,I s n i U .t; .;. .R n I! • Y - _ S n 971 (` 1 ..-. 1 r•f� uw wr Ncl .w < ' •i�P--• t DRIVE Dale a.r r s It L, ARC &SIT;: L%JIYi'RC.iL a LU w ! r ' Signed Al ii n C9 ,n u1 p' af.. �Y•II.,a .ta.I—,.rK. _ y .K ;Iu`.ea . I v_112_6} ' Q(j)0 � �'� � � � � ' ' L• a r aV .... tip � k 1 - . ¢aar-' �•.s,.� �y � � u� �. 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