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U-1995-02bCitl• of uupertino March 28, 1995 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Mr. Walt Lan 12601 Cambridge Drive Saratoga, California 95070 SUIBJ,ECT- PLANNING COMMISSION ACTION LETTER m Application 2-U-95 This letter confirms the decision of the Planning Commission, given at the regular meeting of March 27, 1995, approving a `use permit according to the enclosed copy of Planning Commission Resolution No. '4599. 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 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, Robert Cowan Community Development Department Enclosure Resolution No. 4599 cc: Dean Frisbee clwinword/letters/205 Printed on Recycled Paper 2-U-95 .f CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4599 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO LOCATE A 6,400 SQ. FT. RESTAURANT IN AN. EXISTING BUILDING SECTION I: 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 is in conformance with the General Plan of the City of Cupertino, and is 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 but would allow the city to 'install a bus turnout for the existing bus stop in front of the building. Dedication of land for this purpose is required: 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. e) Implementation of the Heart of the City landscaping will begin the beautification requirements for all properties abutting Stevens Creek Blvd. 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 2-U-95 as set forth in the Minutes of the Planning Commission Meeting of March 27, 1995, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 2-U-95 Applicant: Walt Lan Property Owner: Russell Bate Location: 20007 Stevens Creek Boulevard Resolution No. 4599 2-U-95 March 27, 1995 Page-2- RX"WeRatt• • • • • lW11191 1�! • ul�t 1� L _ • ' u� ' 1. APPROVED EXHIBITS The recommendation of approval is based on Site Plan (Sheet 1) dated 1-21-95, Floor Plan, (Sheet 2) dated 1-19-95, Elevation Plan (Sheet 3) dated 1-22-95, as may be amended by the Conditions contained in this Resolution. 2. USE LIMITATIONS This conditional use permit grants the use of a 6,400 sq.ft. sit-down restaurant. The hours of operation are limited to 7:00 AM - 11:00 PM daily. The maximum seating is regulated by the available parking. 3. PARKING A two space parking deficiency is granted. The applicant can restrip the parking lot to accommodate additional vehicles by using a 33% compact car space ratio to obtain greater parking efficiency. Parking shall be provided at a ratio of one space for every four restaurant seats and one space per employee. A minimum of 35 parking spaces shall be available for the retail uses. The remaining parking shall determine the number of restaurant seats based upon the restaurant parking ratio described above. 4. LIGHTING During the building permit process the applicant shall submit information regarding adequacy of parking lot light coverage. This information will include a lighting contour plan at 1" = 30', 40' or 50' scale or a point by point lighting plan for the entire site, which takes into account all sources of light. If the lighting contour plan proves that areas of the parking lot are inadequately lit, additional lighting shall be installed prior to the opening of the business. A lighting plan shall be submitted with the building plans which is consistent with the cities "lighting design statement". The types of light standards shall be similar in type, height and color as that which currently exists. No building mounted lighting is approved. 5. SIGN PROGRAM A sign program, consistent with the Sign Ordinance, shall be submitted with the building permit for staff approval. 6. HEART OF THE CITY Approved development shall dedicate a 26-foot landscape and sidewalk easement inboard from the curb along the Stevens Creek Boulevard frontage. The easement shall consist of a curbside planting strip ten (10) feet in width, a sidewalk six (6-9) feet in width, and a back -of -walk planting strip ten (10) feet in width, except as modified by the bus turnout. Planting strip areas shall contain a grass groundcover and a single row of Pyrus Calleryana "Chanticleer" along the curbside except for the bus turnout, and a single row in the plating strip back of the sidewalk. The trees shall be 36" boxed, planted 30 feet on center. Appropriate irrigation shall be provided. An area may be cleared of boulevard street trees to allow for unobstructed views of building and signage. This area shall include the necessary curb cut and driveway. It shall be a minimum of 60 feet between trees and a maximum of one third (1/3) the length of the parcel frontage not to exceed one hundred twenty (120) feet between trees per opening. If the Heart of the City Specific Plan is approved prior to final occupancy and the if less streetscape improvements are required, the applicant may install the lesser requirement. a Resolution No. 4599 2-U-95 March 27, 1995 Page -3- SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 7. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures such as shall be installed in accordance with grades and standards as specified by the City Engineer. Bus turn -out along Stevens Creek Blvd. shall be designed by a licensed civil engineer in accordance with City Standard and as specified by the City Engineer. 8. FIRE HYDRANT Fire hydrants shall be located as required by the City. 9. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 10. STREET TREES, Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in _P accordance with Ordinance No. 125. 11. GRADING Grading shall be as, approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 12. DRAINAGE Drainage shall be provided to the satisfaction of .the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 13. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility. devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 14. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm , drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. a. Checking & Inspection Fees: b. Development Maintenance Deposit: c. Storm Drainage Fee: d. Power Cost: e. Map Checking Fees: f. Park Fees: $ 5% of Improvement Cost or $1,744.00 minimum $1,000.00 $2,420/acre N/A $3 8 1.00 N/A Resolution No. 4599 March 13, 1995 Page -4- The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 15. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 16. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to San Jose Water Company and shall reach an agreement with San Jose Water Company for water service to the subject development. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. /s/ Bert Viskovich Bert Viskovich, City Engineer PASSED AND ADOPTED this 27th day of March, 1995, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Harris and Mahoney NOES: COMMISSIONERS: Roberts and Chairman Doyle ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: /s/ Robert S. Cowan Robert S. Cowan Director of Community Development g/pdreport/rs205 . ff • o /s/ David Doyle David Doyle, Chairman Cupertino Planning Commission 0 CITY OF CUPERTINO NEGATIVE DECLARATION March 27, 1995 As provided by the Environmental Assessment Procedure adopted by the City Council of the, City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1 1978, and July 7, 1980, the following described project was granted a Negative Declaration by the Planning Commission of the City of Cupertino on March 27, 1995,_ PROJECT DESCRIPTION AND LOCATIO 4-EA-95 Application No. 2-U-95 Applicant: Walt Lan Property Owner: Russell Bate Location: 20007 Stevens Creek Boulevard DISCRETIONARY ACTION REQUEST Use Permitto. locate a 6,400 sq. ft. restaurant n an existing building. FEIDINGS OF DECISIONMAKING. BODY The Planning Commission granted a Negative Declaration since the project is consistent with the General Plan and there is no significant environmental impacts. Robert _Cowan` Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Negative Declaration was filed in the Office of the City Clerk of the Cit f 'Cupertino on ai 1995. City Clerk c:/winword/erc/4ea95 i NOTICE OF DETERMINATION Application 2-N-95 and 4- EA-95 Walt Lan At their meeting of March 27, 1995, the Cupertino City Planning Commission considered a request for a use permit submitted by Walt Lan. The project is described as a use permit to locate a 6,400 sq. ft. restaurant in an existing building. The project is located at 20007 Stevens Creek Boulevard. The decision of the Planning Commission was to approve said project. The Planning Commission, by filing a Negative Declaration on March 27, 1995, has determined that the project will not have a -significant impact upon the environment and, therefore, no Environmental Impact Deport has been prepared. The Negative Declaration has been prepared pursuant to the provisions 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. c lwinword/erc/4ea95 det —4 Eye Kim Smith City Clerks ` City of Cupertino �� „� h APP 21995, kAy 1 21995 Pf m THRouG ." ,a a COUNTY ����� sa D COUNTY 6LERK - DEPUTY I 52\8`a\Sf s zc UL hlr�` R t11_0(W I �I _ • 1,:� � .. � grr,.• pi . . . . . .f I .. _ I[ „ 7 � ,� � .rI 4 1T �,xc °i� �"`!('� � c Cc �„�c ,,y f•"'•b F FF...1 I - .. �... 6�r t,,l, 1 I I, �� - , , 109% ero0oaao PROBED ON Front Entrance ' .... ...... . BANQUET ROOM N. .o. SIDE I' a` .1 C U I'II'OPOSLLI srA]7Nr; ; OININ(, l�'U (DY 107,LNVATIPH LVl Unit, nlil Y ) ,M �k \ Y' .\` \ ` � y{j �• $T�IGGd / X c0 ';� � � .. � _ �1'r�lL'4 �i _ PANTKD