U-1993-04bn
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10300 Torte Avenue
Cupertino, CA 95014-3255
Telephone: (400) 2524505
rAx: (400) 252-0753
COMMUNITY DEVELOPMENT
August 10, 1993
Polio's
Attn: Ray Klein
1040 Grant Road, Sic. 155-317
Mi. View, California 94040
Cites of Cwpertirw
P.O. hoc S80
Cupertino, CA 95015.0580
Post -It" brand fax transmittal memo 7671 10.1pages ► 3
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Subj: PLANNNING COMMISSION ACTION LETTER: Application 4-U-93 - Polio's
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. 4469.
Please note these conditions carefully. Subsequent submittal of materials for building permits or other
entitlements will be checked for compliance with the conditions listed in the Resolution; discrepancies may result
in processing delays. Please contact our oMce 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,
J
Mich Iu�%ityD
Coco lopment Department
Enclosure
Resolution No. 4469
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4-U-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO, 4469
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO LOCATE A FAST FOOD RESTAURANT
IN AN EXISTING SHOPPING CENTER
SECTION 1: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as
described on Page I 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 arc 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 rises, 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 specked in this Resolution arc based and
contained in the Public Hearing record concerning Application 4-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 ll: PROJECT DESCRIPTION
Applicant No(s): 4-U-93
Applicant: Pollo's
Property Owner: ABC De Anza Plaza Partners
Location: 10525 De Anza Boulevard. Southwest corner of De Anza Blvd. and McClellan Rd.
Resolution No. (4-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 the site plan dated July 29, 1993, the floor plan dated July 28.
1993 and this staff report dated August 9, 1993, except as may be amended by the conditions contained herein.
2. APPROVED USE
The subject use permit grants the operation of a 1500 sq. ft. fast food establishment with a maximum number
of 26 seats and three employees.
3. PARKING DEFICIT
This use permit authorizes a parking deficiency of 3.5 spaces at the center. The Planning commission reserves
the right to reduce the number of scats on the premises should a parking shortage arise in the future.
4. PARKING LOT RESTRIPING
Prior to opening of the business the o%vner of the shopping center shall restripe the parking lot with a
minimum of 63 spaces.
5. DELIVERIES
No deliveries or pickups shall occur between the hours of 8:00 p.m. and 8:00 a.m. weekdays and 8:00 p.m. and
9:00 a.m. weekends in conformance with Section 10.48.062 of the Cupertino Municipal Code.
6. GARBAGE PICKUP
Garbage pickup adequacy to satisfaction of Los Altos Garbage Company. Further, the applicant is encouraged
to participate in Los Altos Garbage's cardboard recycling program.
7. SIGNS
All signs shall be in confor orrice with the approved sign program for the center. Prior to installation of the
signs the applicant shall obtain the appropriate permits from the Building Department.
8. ROOF MOUNTED EOUIPMENT
All roof mounted equipment shall not be visible from any public right of way. Further, the equipment shall
not produce a noise level above that required by the Noise Ordinance (Cupertino Municipal Code).
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
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CITY OF CUPERTINO
10300 Torrc Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM APPROVED
Application: -4-U-93 Agenda Date: Augi1618, dX9Xi,ICIL
Applicant: Pollo's Restaurant Property Owner: ABC De Anza Partners
Property Location: 10525 S. De Anza Boulevard. Southwest corner of Dc Anza Blvd. -%iW o dC!cIIaa U
Application Summary: Use Permit to operate a fast food restaurant in an existing`Sfl ping center- —
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General Plan/Zoning: Consistent With the commercial designation.
Environmental Assessment: Categorically Exempt Signed
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Comments:
The General Commercial Ordinance (Section 19.56) requires a conditional use permit for f of
the use permit is to assure that parking and traffic impacts are compatible with existing and ba�tened uses in the area.
Traffic:
The traffic generated by a fast food restaurant is considered an extraordinary use which requires a tmfDc study. A traffic
study completed by Barton-Aschman Associates concluded that the proposed restaurant will create one additional P.M. peak
hour trip. After reviewing the report, staff determined that the additional trip is insignificant and will have no impact on
the center or the McClellan Road driveway.
Parking:
The following parking analysis illustrates the distribution of parking:
ACTiVffY AREA SEATS/EMPLOYEES RATTO REQUIRED PARKING
Pollo's
1497 s.f.
26 seats/3 employees
1/4 seats + 1/emp.
9.5 spaces
Domino's Pizza
1102 s.f.
0 seats/5 emp+ 1 truck
1/4 seats+ 1/emp.
6.0
Subway Sandwich
840 s.f.
8 seats/2 employees
1/4 seats + I/emp.
4.0
Yogurt Delite
1497 s.f.
6 seats/2 employees
1/4 seats+ 1/emp.
3.5
Orion Telescopes
1245 s.f.
1/200 s.f.
6.0
Florist (Vacant)
1572 s.f.
1/200 s.f.
8.0
Copy Mat
1906 s.f.
11200 s.f.
9.5
Olde's Discount Corp.
1220 s.f.
1/285 s.f.
4.5
Rocky Mtn. Sheepskin
1300 st
1/200 s.f.
6.5
One Hour Photo
1000 s.f.
1/200 s.f.
5.0
Elegant Hair Design
840 s f
1/200 s.f.
4.0
Total Required: 66.5 Spaces
Total Provided: 63.0
Deficit: <3.5>
The previous use permit (38-U-86) allowed for a one space parking deficit for the center meaning that the proposed
restaurant will increase the deficit by 2.5 spaces. Staff does not consider the 3.5 space deficit to be significant as the tenant
mix is such that the -peak parking demands vary though out the day. The enclosed parking analysis demonstrates a peak
demand scenario for the center showing that the center will have free spaces during the peak lunch time period. The Barton-
Aschman report supports this finding. An actual count during the lunch time hour and the dinner time hour at De Anza
Plaza and at the Campbell Polles location demonstrated that there would be a surplus of parking spaces at De Anza Plaza.
The model resolution contains a condition allowing the Planning Commission to review the use permit or the center's use
permit if parking problems arise in the future.
The parking stripes at the center have nearly disappeared. A condition of approval requires the parking lot to be rcstripcd