U-1993-05bCit4 of Carerovio
10300 Torre Avenue P.O. Bok Sao
Cupertino. CA 9SO14.325S Cupentno, CA 9SOIS-0560
telephone: IIOai 2524505
FAX: i40a1252-0753
COMMUNITY DEVELOPMENT
August 10, 1993
Brinker Int'l. dba Chili's
Attn: Kim Woodard
6820 LBJ Freeway
Dallas, Texas 75240
Subj: PLANNNING COMMISSION ACTION LETTER Application 5-U-93 - Brinker Int'l. dba Chili'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. 4470.
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 office if you have questions about this matter.
Please be allare 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,
0 bA/'
Miche%Bj
Community Development Department
Enclosure
Resolution No. 4470
g:,mmUenens,1003
5-U-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4470
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR A 656 SQ. FT. ADDITION INCLUDING
AN EXPANSION TO THE KITCHEN, BATHROOMS AND ENTRY
SECTION I: 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 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 subeonclusions upon which the findings and conditions specified in this Resolution are based and
contained in the Public Hearing record concerning Application 5-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 IL PROJECT DFSCRIPTION
Applicant No(s): 5-U-93
Applicant: Brinker Int'I. dba Chili's
Property Owner. Robert Erving
Location: 20060 Stevens Creek Blvd.
Resolution No. 4470 (5-U-93) August 9, 1993
Page -2-
SECTION 1110 CONDITIONS ADMINISTERFD BY THE COMMUNITY DEVELOPMENT DFPARTMFNT
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits SDI, 2, 3, 4, except as may be amended by the
Conditions contained in this Resolution.
2, DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 656 sq. R. of the 50,000 sq. R. commercial development priorities
allocation for revitalization of commercial centers.
3. LAND USE
The hours of operation are from 7:00 a.m. to 11:00 p.m., except Friday, Saturday until 12:00 p.m. The total
seating not exceed 204 dining chairs, 50 bar seat chairs and 18 total employees.
4, 'STREET IMPROVEMENT D F . MENT
According to Planning Commission Resolution No. 2786_ special streetscape improvements are deferred. A
deed restriction shall be recorded on the property that the applicant is proposing 12% improvements above the
existing square footage and that when an additional 13% are proposed, then the applicant shall work with the
Public Works Department to assure that the transition on the sidewalk between the applicant's business and the
proposed business to the east is adequate for handicap accessibility.
5. IN . FSCR IEGRESSS
The applicant shall record a final ingress/egress easement between this property and the property to the east.
The details regarding the allowed elevation for the transition between the properties shall be approved by the
Public Works Department. The alignment of these two driveways shall be consistent with the approved plan of
the property owners to the east.
[-�ftei I Q I WA .I M OM 6741. V
5101:451
The applicant shall provide confirmation of County Health Department approval prior to issuance of a building
permit.
7. HANDICAP
The applicant shall comply with interior and exterior handicap requirements as required by the Building
Department.
8, EXTERIOR SPEAKERS
No exterior megaphone or microphone are allowed.
9. ROOF MOUNTED EQUIPMENT
Roof mounted equipment shall not be visible from adjoining properties and shall be as shown on the proposed
plan. Plan Sheet SD3, Rear Elevation, SD3.05 shall be reduced in height to a maximum of 30" above the
wall/roof intersection. Architectural details shall be finalized by staff.
10. 1 OS ALTOS GARBAGE
The applicants shall provide clearance from Los Altos Garbage that the increase of seats will be accompanied
by an increase in service day pick-ups for garbage to assure adequate servicing to the site.
Resolution No. 4470 (5-U-93) August 9, 1993
Page-3-
11. SIGNAGF
All signage shall be in conformance with the Sign Ordinance prior to occupancy.
12. LANDSCAPING
All existing trees must be protected as outlined in Chapter 14.18 of the Cupertino Municipal Code. No trees are
approved for removal. All new trees shall be greater than 15 gallon size. Final landscape plans shall be
submitted with a landscape architect's certificate of conformance with xeriscape guidelines prior to building
permit issuance.
13. REMOVAL OF CONSTRUCTION
The existing covered area identified on SD1.04 on the northeast portion of the building shall be removed. No
building permit exists for this structure; it is not included in this application and shall be removed within 180
days of use permit approval.
14. SIDEWALK TREATMENT
The new sidewalk brick/concrete treatment shall be extended along the entire front elevation.
15. METAL FLASHING
All metal (lashing shall be painted in nonreflective color.
16. CONDITION LIGHTING
The mechanical detail of the light fixture shall be approved by staff prior to installation. The light intensity
shall be consistent with the SD 1.01 lighting contours as submitted by the applicant.
17. SANITARY D19TRTCT
The applicant shall comply with this Cupertino Sanitary District's letter of July 15, 1993 which required
additional commercial density fees, as well as any other conditions required by the District, prior to issuance of
building permits.
PASSED AND ADOPTED this 9th day of August, 1993, at a regulaar 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:
Is/ Robert S. Cowan
Robert S. Cowan
Director of Community Development
g:/mm/peresos/5u93
APPROVED:
/s/ Orin Mahoney
Orrin Mahoney, Vice Chairman
Cupertino Planning Commission
Cupertino Chill's
Written Description of Proposed Activities
June 08,1993
The existing Chili's at 20060 Stevens Creek Boulevard in Cupertino, CA, continues to be
one of the busiest restaurants in the Chili's system. For quite some time, we have been
trying to decide the best way to handle the continuously increasing business and the fact
that our restaurant is in desperate need of remodeling. In October of 1992, we proposed
a plan to keep the existing Chili's in operation while constructing a new Chili's immediately
behind it. This plan did not materialize for several reasons, one being Chili's was unable
to reach an agreement with Cali -Land regarding the access easement and the cost of
temporary parking during the construction phase of the new restaurant.
The next best thing to a new building is a remodeled building, and we have been working
with our design and operations people to devise a more efficient kitchen, service yard,
and seating plan, and to make the exterior of the building more appealing. The additional
656 square feet being proposed is not "seatable" square footage. The additional space
in the restaurant is being added to provide a more efficient kitchen and to bring the
restrooms up to code. The new seating plan will allow for approximately 10 new seats
due to some efficiencies that we gain. Our goal is to replace some existing booth seating
with tables and chairs which allows us to more adequately accommodate large parties.
The improvements to the exterior of the building will include an updated entrance, the
relocation of the satellite dumpster area currently existing in the parking area to a location
immediately adjacent to the building and enclosed within a stucco wall, more landscaping
around the building, and new lighter colored paint. The parking lot will also be re-
surfaced and striped to provide 7 new parking spaces. Landscaping will be increased in
the parking area to provide a more aesthetically pleasing took to the overall site.
This plan is beneficial to all parties involved in the process. We can complete this plan
with minimal down time which is a plus to our employees and the company; it allows us
to operate a more efficient restaurant which is a plus to our employees and patrons; it
requires that we bring the building into compliance with new codes which is a plus to our
employees, patrons, and inspectors; and it also allows us to give the building a newer
"Chili's look" which we believe is important to make the customer feel at home in our
restaurants. The Cupertino Chili's is a very important part of our system and we look
forward to implementing the above remodel so that we can continue to improve the
service we provide to our patrons in the Cupertino area.
_III II IIIIIII L [CE.
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V W BUILDING AREA - EXISTING - 5296 S.F.
BUILDING -AREA - NEW ADDRION - 656 S.F.
TOTAL BUILDING AREA - 5952 S.F. _
L BUILDING AREA - s952 S.F.
LANDSCAPE AREA - 6656 S.F.
PAVING AREA - 32960 S.F.
PARKING LOT LIGF-ITING FLOOR AREA RATIO .5's. F. (1.09 ACRES)
LANDSCAPE RATID - 18%
PAVING RATIO - 69.5S
SD1.01 SCALE LXM FfXTURC - LID. PROFILE RECSEATINGEXISTING SEATING - 206
LUwNNRE WTTFI MLENT LENS NEW -SEATING - 254 (SEE SD2 FOR SUMMARY)
AM W. METAL I UDE LAMP. OWNER: ROBERT ERVING
DARK BRONZE FINISH. P.O.BOX 22640 x
POLE ------- 25• POLES ON MIN. 3' CONCRETE SEATTIE. WA 96122
BASE AT SOUTH L07 k t,•poLr.S TENANT: BRINKER INTERNATIONAL
ON 3' MIN CONCRETE BASE AT DBA-CwUS
WEST LOT. DARK BRONZE FINISH. 2DD60 STEVENS CREEK SLID
CWERONO, CA. 95ol.
NOTE: PLAN ABOVE INDICATES UGl1T1NG PARCEL: J69-0--003
CONTOURS W CH SNDWS MAX/MIN GRID: 6D-AA
INTENSITY IN LUMINS. EXISTING ZONING: PD COMMERCIAL � da
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HANDICAP -CAR 2 T
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• DINING: 204 SEAT/4 51 PARKING SPACES
BAR: 50 SEATS /3 - 17 PARKING SPACES
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SD1.04 PROPOSED SITE PLAN
S SCALE: 1' - 20'
_ p�C t ORRL a ®d01 SD3.02 NEON SIGN #2
SCALE: 1/2' - T-O'
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14
SD4.01
5U4.U2
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5-U-93
RESOLUTION NO. 1728
OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE OF
THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF ARCHITECTURAL AND SITE DESIGN
FOR AN EXISTING RESTAURANT.
APPLICANT: Brinker Intl. (Chili's)
PROPERTY OWNER: Robert Erving
APPLICANT'S ADDRESS: 20060 Steven Creek Blvd., Cupertino, CA, 95014
PROJECT LOCATION: Same.
FINDINGS:
The Architectural and Site Approval Committee finds as follows with regard to this application:
I ) That the propose site and architectural development plan s minor in scope and substantially upgrades the
appearance of the building..
2) That the proposed landscaping plan meets the requirements of the Xcriscape Ordinance.
3) That the proposed sign is approved as an exception to the existing and proposed Sign Ordinance; whereas
neon sign SD 3.02 is consistent with the spirit and intent of the sign ordinance, is beneficial to the public
health, safety, and welfare, and the proposed sign is the least modification to the prescribed and proposed
regulations.
CONDITIONS:
1-8) Standard Architectural and Site Approval Committee conditions to the extent that they do not conflict
with the special conditions listed herein. In the event of conflict, the specific conditions listed herein shall
prevail.
9) The approval is based upon the written description of proposed activities dated June 8, 1993 and the site
and development plan (4 sheets) dated June 9, 1993 and the material and color sample of this application,
except as may be amended by the conditions enumerated herein.
10) Neon Sign No. 1 SD 3.01 is not approved as part of this sign program.
PASSED AND ADOPTED this 12th day of July, 1993 at a regular meeting of the Architectural and Sitc Approval
Committee of the City of Cupertino, State of California, by the following roll call vote:
AYES: MEMBERS: Frolich, Hams, Weber and Chairperson Lim
NAYS: MEMBERS: None
ABSTAIN: MEMBERS: None
ABSENT: MEMBERS: None
ATTEST:
/s/ Thomas R. Robillard
Thomas R. Robillard
Planner 11
assc412n93
APPROVED:
/s/ Wayland Lim
Wayland Lim, Chairperson
Architectural and Site Approval. Committee