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U-1989-05b1 Citil of Cuperti»o 10100 Torre Avenue Cupertino, Calilomia 95014 lrlephone: (408) 252-4505 DEPARTMENT Of THE CITV CLERK May 8, 1989 Chang Yam 1670 Grace Avenue San Jose, CA 95124 P 0, no. 580 Cupertino, California 95015 CITY COUNCIL ACTION - APPLICATION 5-U-89 - USE PERMIT TO ESVO ,rSH A DONUT SHOP, SGUMMSP CORNER OF HC1ST'M ROAD AND SCUM DEAM BOUIEVARD This will confirm the action by the City Council at their meeting of May 1, 1989 at which your Application 5-U-89 was approved per the following conditions: 1. APPROVED EXHIBTTS the recoMwndation of approval is based on the retail, Center Site Plan, and Building Location Key Eldlibits of 5-U-89, except as may be amended by the conditions contained in this letter. 2. USE r UTATI The subject use permit authorizes operation of a 900 sq. ft. doughnut shop in Unit B. The use permit authorizes take-out service only; seating is not approved. The hours of operation may be fran 5:00 a.m. to 11:00 p.m. daily. 3. CASH REGISTER The location of the cash register shall be reviewed by staff for conformance to Condition 25 of Resolution 3097 of 47-U-87. Please review conditions carefully. If you have any questions regarding the conditions of approval please c ntact the Department of Cmu mitt' Develcpmatt staff members for clarification. Failure to in=p±+ate conditions into your plan set will result in delays at the plan diecking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. r 4 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4151 OF THE PLANNING COMMISSION OF THE CITY OF CUPEIZTINO REOM1MENDLNG APPROVAL OF A USE PERMIT FOR A 900 SQ. FT. DOUGIRW SHOP WITH TAKEOUT SERVICE WITH AN EXISTING RETAIL CENIER SECTION I• FINDINGS WHEREAS, the Planning Camnission 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 WHEWAS, the Planning Camnission 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. i' b) That the property involved is adequate in size and shape to ac=mmdate 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, Zf UZURE, 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 recamrnrded 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 5-U-89 as set forth in the Minutes of the Planning Commission Meeting of April 24, 1989, and are incorporated by reference as though fully set forth herein. Resolution No. 4151 (5-U-89) April 24, 1989 Page -2- �.tlY • �t,� 1 � • � Application No(s): 5-U-89 Applicant: Chang -Yam Property Owner: Maariani Development Company Location: Southwest corner of Homestead Road and South De Anza Boulevard SECTION III• CONDITIONS TO BE AD4WISTERED BY COMMUNITY DEVELOPMENT DEPARTME�IP The recommendation of approval is based on the retail, Center Site Plan, and Building location Rey Exhibits of 5-U-89, except as may be amended by the Conditions contained in this Resolution. 2. USE !ABLATION The subject use permit authorizes operation of a 900 sq. ft. doughnut shop in Unit B. The use permit authorizes take-out service only; seating is not approved. The hours of operation may be from 5:00 a.m. to 11:00 p.m. daily. 3. CASH REGISTER The location of the cash register shall be reviewed by staff for oonformance to Condition 25 of Resolution 3097 of 47-U-87. PASSED AND ADOPTED this 24th day of April, 1989 at a Regular Meeting of the Planning Omission of the City of Cupertino, State of California, by the following roll call vote: L AYES: OOMMISSIOms : Claudy, Mackenzie, Sorensen, Szabo, and Chairman Adams NOES: OCN4TMIONERS: None ABSTAIN: OOMMISSIONER.S: None ABSENT: COMMISSIONERS: None /s/ Robert Cowan Robert Conran Director of Camunity Development resos\rso5u89 /s/ Victor Adams Victor Adams, Chairman Cupertino Planning Commission 1 l 47-U-87 CITY OF CUPERTINO 10430 S. De Anza Boulevard Cupertino, California 95014 RESOLIFION No. 3097 OF THE PIAPNING CCr4=ION OF THE CITY OF CUPER=4O APPROVING A 7,030 SQ. FT. =02RCIAL, BL=ING, INCLUDING A 2,800 SQ. FT. 24-HOUR OONVEN1ENCE mARKET .V call . ■ 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 WHERFAS, the applicant has met the burden of proof required to support said application; and WHM;WAS, the Planning Commission finds that the application meets the following requirements: rem'nts: a) net the use or uses are in conformance with the General Plan of th* 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 persona residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. i�• . •� a INJ•,a. • me nmt after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby reamaended for approval, subject to the conditions which are enumerated in this ResolUtion beginning on Page 2 thereof; and That the suboonclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 47-U-87 as set forth in the Minutes of the Planning commission Meeting of October 12, 1987, and are incorporated by reference as though fully set forth herein. RESOUHICU 110. 3097 (47-U-87) 10-12-87 PAGE - 6 - 21. SUWEIISANCS If, in the opinion of the City Manager, loitering becomes a problem, the applicant shall mount a television cameras) which shall be connected to a television monitor in full view of the cashier of the convenience market. Said television camera shall provide ooratant monitoring and surveillance of the exterior driveway area and any portion of the parking/landscaps area not directly visible from the cashier's position in the store. Said camera/televisicn system shall be kept in constant use during day and night time operating periods arxi shall be maintained i ned by the applicant/property owner at no expense to the City. 24. Lights shall be directed at the south and west walls of the building. Additionally, lighting in the parking lot shall be of a white tint, rather than orange or yellow. 25. CASH RESISTER The cash register shall be located so as to be reasonably visible from 1 passing police patrols subject to approval of staff. 26. BUILDING 00ItS Final building colors shall be subject to informal review and approval by the Architectural and Site Approval Cctittee. PASSED AND ADOPTED this 12th day of October, 1987 at a Regular Meeting of the Planning Counission of the City of C4pertino, State of California, by the following roll call vote: AYES: caiIISSICNERS: Adams, Claudy, Sorensen, Szabo and Chairman Mackenzie NOES: OU44ISSICNPFS: None AHSI712N: CaflISSICItaTS: None ABSWr: CC*[ISSICKERS: None AT=: APPROVED: /s/ Robert Cowan /a/ Donald Mackenzie Robert Cowan Darold Mackenzie, chairman Director of Planning Cupertino Planning Commissicn RES47U87(Cl) 0 0 NINIl1M OF THE NAY 14 1989; REGULAR COPY COUNCIL NEE17M (CC-757) It was movecLb�Counc. Gatto seconded by Counc. Koppel that re�edticn is the appropriate land use and to remove thi$_�ifem frcm the calendar. The sillstitute motion passed (4=1) with Count. Johnson dissenting. "-, 21. Application 5-U-89 - Chang -Yam - Request -for Use Permit to establish a donut shop with take -cut service in a goo sq. ft. tenant space within an existing retail center. Envirorm ental Determination: The Planning Commission reoa=ends the granting of a Negative Declaration. Located on the southwest corner of Homestead Road and South DeAnza Boulevard. Recommended for approval with conditions. It was saved by Counc. Gatto, seconded by Counc. Johnson, and passed unanimously to grant a Negative Declaration. It was moved by COUnc. Gatto, seconded by Counc. Jdracn and passed unanimously to approve the application per Planning Ccumissicn Resolution No. 4151. 22, Application No. 6-U-89 and 7-FA-89 - Robert H. Lee and Application - Request for Use Permit to reconfigure fuel and to establish a 200 sqftt.. o�enien�ce f .f se sales area at an service station. Environmental Determination: /The Planning Commission recommends the granting. 6f a Negative Declaration Located on the southwest corner of Wolfe Road and Read. Recommended for approval with itions. It was moved Count-\. Gatto, conded n eCounc. Johnson and paced unanimously to g%n Negative Declaration. It was moved by Cbunrc..G'atto�secaamded by Counc. Johnson and passed unanimously/ to approve the application per Planning Commission Resolution No. 4= . 23. Application 2JCPA--89 - Westfield - Re to schedule a hearing to consider an armerrdment of the Land Use Element .of the General Plan to additional buildi— 'area for Vallco Fashion Park. It was/moved by Counc. Gatto, seconded by Count. and used unanimously to refer the application the Planning Commission to initiate public hearings. -7- App. 5-U-89. Chang -Yam App. 6-U-89 & 7_EA-89, R.H. Lei ,. 10300 Torre Avenuw Cupertino, Cols ornto 95014 4 S) F604 06 SUMMARY AGENDA ITEK NUMBER AGENDA DATE MAY 1. 1989 I. SI78T .GT Application No(s): 5-U-89 Applicant: Chara-Yam Property Owner: Mariani Develoament C=any location: southwest corner of Homestead Road and South De An Boulevard USE PERMIT (5-U-89) To establish a donut shop with takeout service in a 900 sq. ft. tenant space within an existing retail enter. II. ZONING AND GENERAL PLAN CONSISTENCY The proposed tenancy is located in the recently constructed Mariani connercial center. The use is consistent with the site's camaercial zoning and General Plan designations, and with the center's 1987 use permit conditions. III. MAJOR ISSUES Public - None. Staff - None. Planning Camnission - None. IV. REOOMMENDATION A. Environmental Assessment: This application is categorically exempt pursuant to CEQA Guidelines. Application 5-U-89 5/1/89 Page - 2 - B. &Mlication 5-U-89: Planing Camnission recommends approval of the Proposed use permit subject to the findings and oonditions in the attached Resolution No. 4151. - Resolution No. 4151 - Planning Camnission Minutes dated 4/24/89, Page 5 - Staff Report dated 4/24/89 - Building Location Rey E&Wit of 5-U-89 - Letter from Kenny Yam dated April 5, 1989 .. SUBMLTlED BY: U� ch ,rAn.. 10 Donald mown Robert S. Cowan City Manager Director of Community Development reports\cc5u89 Off ICE Of COUNTY ASS ISSOR --- SANTA C L A R A COUNTY, CALI FORN1A 4b .. 274.76 �!o o!�• ai4 Tao �! j—aos (—ao IF (—�e ol1 30 1 29 128 i 27w1 26 i 20 ( ' ' •,p' P. 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