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Reso 179133-u-77 RESOLUTION NO. 1791 OF THE PLANNING COMIISSION OF TIM CITY OF CUPERTINO RECOMM a TTG APPROVAL OF A USE PERMIT TO dkLLOW CON- STRUCTION OF A RESTAUPLANT CONTAINING APPROXIMATELY 79200 SQ a FT. Ain ADJACENT COMMERCIAL BUILDING CON- Te4INI�bG APPROX ATELY 69900 SQ o FT. APPLICANT: MR. JENN CHIU ADDRESS: 698 Venus Court, Foster City, California 94404 SUBMITTED: November 3, '1977 ®CATION a estdr y of and adjacent to De Anzza Blvd. approximately 150 f t a northerly Of the intersection..Of 'Valley Gree, Drive and De Anna Blvd. FIMINGS AND SUBCONCLUSIONS 0 Approval is recommended subject to the findings as set forth on Page 1 and subs®nclus®ns as set forth in the minutes of the Planning Cc=issi®h meeting of December 12,:1977® CONDITIONS: 1-140 StandardConditionsto the extent that the y d® not conflict Frith the Special conditions enumerated herein. In the event a conflict does exist, the special al conditios enumerated herein shall apply. 15. That the approval is based u on Exhibits A and ° p ®f . AD asffiay be amended by additional conditions contained herein, «ith. the understanding that the site'flan may be modified at the Architectzaral and Site Approval Committee stage, to accommodate changes in the land- s ca in ° p �� parking layout, or other' site design details 16.0 The land use intensityshall be limited t® an intethat w ll n®t generate more than 16 one-way trips per acre during the peak trabf is hour. For the pu-rpos es of the 16 one-way trip 'traf f is Int ens itt Per- formance Standard, the following accounting of grips is hegeby incorporated into the project approval: Trips generated by the project.e General Commercial uses 6990®s m q ft. x 2 per 1,000 sq. ft. 13.8 Restaurant 7,200 s o e ft. x 3 a5 per l, 000_ sq a ft. 25.2 Total generated 39 Trips allocated 2.23 x 16 36. Traps transferred Cf romshare/ Sobsago facility 3 Total allowable trips e 39 Surplus trip ends o t f Resoluti®n N® 1791 (continued) The applicant shall record a covenant t® describe the trip acre constraint and the total number of trips allocated t® the parti- cular development at the time of development approval. The covenant shall be worded in a manner t® suggest that the fixture purchaser of properties consult the individual use permit files t® obtain an up-to-date status report of the total number of trip :allocated t® each particular property. Additionally, the a l�,cant shall pp provide evidence that an agreement has been recorded. against the Tymshare property assigning. devel ®pment rights of 3 trip -ends t® the subject property. The City Attorney shall review and approve the above -referenced covenants and agree- ments which shall be recorded. against the respective propertias prier to issuance of building permits® 17® That the approval is f®r a maximum 7,,200 sq ft. restaurant building with a maximum 300 seal capacity.and a separate 6,900 s.q ft. commercial building The general commercial land uses' shall be restricted 'to those ®f`a general retail sages nature such as music shops, record stores, office supplies, book sres,lcist shops, arts and'crats stores, and/or commercial office uses such as real estate '®ffices9nsurnee offices etc. New uses may be permitted to occupy the retail space in this. project when, in the opinion of ;the Planning Director, they substantially conform t.o the above list of permissible usis and when itis determined that they will. notexceed a maximum trip generation rate ®f two trips per 1,040 sq. ft 18® M 33-U-77 The applicant shah, provide a minimum 10 fta ,setback between the. commercial building. and the southerly property line. The 10 fta setback area shall be used to accommodate a walkway for emergency fare exits if required, and landscape area to screen the back of the commercial building from the public view ®n Malley. Green Drive a Additionally theilapplicant shall incorporate a minims landscape area at the southwest corner ®f the site equaling 25 fto from curb as required in the North De Anna Boulevard Conceptual plan Land- scaping Guidelines. The Architectural and Site Approval Committee may Made off this landscaped area f®r an equivalent amount ®f landsc#ing on another portion ®f .the site. The applicant pp t shall modify the site plan -t® provide two interconnecting drives between north/south running parking aisles® Additionallv9;the applicant shall, modify the site plan to accommodate the minimums backup width required under the'' City Standard Details and reflect the . carrect building dimensions for the commercial structure® It is recognized that ghee dfi�ati®ns may sig'ficantly- reduce the number ®f parking stalls which can be accommodated on the subject site This may in tura require a commensurate reduction in. commercial building square f®o'tage or restaurant -seating capacity.,,, ca alit The applicant shah, have the ability to rearrange the parking area and slightly modify the building sire and location to accommodate addii®nal parking spaces. The e4xchi- tectural and Site Approval Committee shall review any site pian` revisions to ensure the adequacy, of landscaping and compliance,th the parking Ordinance. -3- 33-U-77 4 Resolution No. 1791 (continued) 410 20. The specific landscape design, signing and pogoda located within the 50 ft. landscape setback area is not approved as part of this applica- tion. These specific details shall be reviewed by the Architectural and Site Approval Committee. The Committee should ensure that the introduction of the theme landscape design blends with the landscape design planned for the entire North De Anza Boulevard frontage. 21. The applicant shall provide some pedestrian walkways/paving treatment, etc. to delineate pedestrian walkway areas from the parking lot. 22. The applicant shall sign a statement acceptable to the City Attorney agreeing to provide reciprocal ingress/egress easements with the adjoining property to the north at such time in the future as the City can 'require the same from the adjoining property owner. Said reciprocal easement is intended to ease traffic movement between the two sites and particularly to ease the parking and circulation move- ments on the subject property. 23. That the proposed restaurant shall be constructed preceding or concurrently with the construction of the commercial building. PASSED AND ADOPTED this 12th day of December, 1977, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: • AYES: Commissioners Adams, Gatto,. Markkula, Chairwoman Blaine NAYS: None ABSTAIN: None ABSENT: Commissioner Koenitzer ATTEST: APPROVED: V-41-Wc- CAAr-OAA' • -" Robert Cowan Sharon Blaine, Chairwoman Assistant Planning Director Planning Commission 410 -4-