Reso 2968 29-U-86
► CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 2968
OF THE PLANNING COM[IISSION OF THE CITY OF CUPERTINO
READING APPROVAL OF A USE PERMIT TO OPERATE A
RESTAURANT WITHIN AN EXISTING RETAIL CENTER
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 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 29-U-86 as set forth in the Minutes of the Planning
Commission Meeting of October 13, 1986, and are incorporated by reference
as though fully set forth herein.
RESOLUTION No. 2968 (29-U-86) 10/13/86
Page - 2 -
SEuE!ON II: PROJECT DFRCRIPI'ION
Application No. 29-U-86
Applicant: Sigi and Giselle Valencia (The Soup
Station)
Property Owner: Seet Family Living Trust
Location: Bollinger Plaza Center, north side of
Bollinger Road, 200 ft. west of De Anza
BoulevaLd
SEC:I'ION III: CONDITIONS TO BE ADMINISTERED BY THE PLANNING DEPARTMENT
1) APPROVED EXHIBITS
The recommendation of approval is based on Exhibit A of Application
29-U-86, except as said Exhibit may be amended by the Conditions
contained in this Resolution.
2) USE LIMITATIONS
The subject use permit authorizes operation of a sit-down restaurant
within a tenant space encompassing 1200 sq. ft. The exact number of
seats allowed within the facility and maximum employment per shift
shall be determined by the final parking solution derived in
accordance with Condition 3 of this Resolution. Business hours for the
restaurant shall extend from 11:00 AM to 11:00 PM daily.
The restaurant operator shall retain the option to provide beer and
wine service with meals, subject to securing of appropriate State
licenses. No separate bar is authorized under this Use Permit.
3) PARKING SOLUTION
The subject Use Permit is approved with the understanding that
insufficient parking spaces are available on the site to serve the
proposed restaurant. Prior to commencement of restaurant operation,
the property owner shall:
A) remove the existing cargo container and shed roof canopy at the
rear of the building.
B) obtain approval from the Director of Planning of a scale drawing
depicting accurate layout of additional parking spaces on the
premises
C) after approval of said drawing, actually provide said additional
spaces on the site. Said parking spaces shall be dimensioned to
full compliance with City Standards.
RESOLUTION No. 2968 (29-U-86) 10/13/86
Page - 3 -
3. (Cont'd)
In addition, the property owner shall restripe to the dimensional
requirements for "long term" use areas any existing parallel parking
stalls remaining on the site after provision of the ac1ciitional stalls
mentioned above.
Seating capacity and maximum number of employees on duty per shift
shall be determined based on the final parking expansion plan approved
under this Condition.
4. FUTURE 3RE INGRESS EGRESS EASEMENTS
The applicant shall sign an agreement to participate in reciprocal
ingress/egress easements with owners of adjoining properties. Said
agreement shall provide that reciprocal arrpss shall be implemented at
such time as the adjoining property owner(s) is obligated by the City
of Cupertino to participate in a similar agreement.
5. TRASH ENCLOSURE
Prior to opening for business to the general public of the restaurant
approved under this Use Permit, the property owner shall construct of
masonry materials one or more trash enclosures as required to meet the
space needs to store garbage/trash containers for the entire center.
Said trash enclosures shall indllida wood gates; a chain link and
redwood slat gate is specifically precluded.
Final approval of materials and location for each trash enclosure
shall be obtained from the Director of Planning prior to construction.
PASSED AND ADOPTED this 13th day of October, 1986 at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll r 1l vote:
AYES: COMMISSIONERS: Adams, Claudy, MacKenzie, Sorensen
and Chairman Szabo
NAYS: C>OSSIONERS: None
ABSTAIN: COPSSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
Robert Cowan Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Director of Planning Cupertino Planning Commission