Reso 2757 49-U-85
RESOLUTION NO. 2757
OF THE PLANNING COMMISSION OF THE CITY OF CU'PERTINO
RECOMMENDING DENIAL OF A USE PERMIT TO EXPAND THE
41, EXISTING "PAUL AND EDDIE'S MJNTA VISTA INN".
APPLICANT: Monta Vista Inn
ADDRESS: 10014 Peninsula Avenue, Cupertino, California 95014
SUBMITTED: December 3, 1985
LOCATION: North side of Peninsula Avenue, approximately 120 ft. west of
Highway 85 (West Valley Freeway) north of Stevens Creek
Boulevard.
FINDINGS AND SUBCONCLUSIONS:
The Planning Commission makes the following findings with respect to the
subject application:
1. The proposal conflicts with the neighborhood commercial focus of the
zoning and General Plan as reflected in the Stevens Creek Boulevard
Plan Line (Monta Vista Plan) .
2. The proposal conflicts with the spirit of General Plan Policy which
encourages late evening activities to locate in major shopping
centers.
3. The proposed expansion is incompatible with the interests of the
adjacent residential neighborhood.
• 4. The expansion may result in higher levels of police incidents at
this location.
5. The applicants have not demonstrated that noise, traffic and parking
problems will not result from the expansion.
6. The site is inadequate in site and shape to acccumodate the
expansion.
7. There is insufficient on-site parking to accamnx date the proposed
expansion.
PASSED AND ADOYr ) this 27th day of January, 1986 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, Mackenzie, Sorensen, Claudy
Chairman Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
/s/ Robert Cowan
/s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission
- 2 -
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014 41/
Telephone (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
DENIAL OF A USE PERMIT.
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a use permit, as stated on Page 2; and
WHEREAS, the applicant has not met the burden of proof required to support
said application; and
WHEREAS, the Planning Commission finds that the application does not meet
all of the following requirements :
a) That the use or uses are in conformance with the General
Plan 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 levels of traffic •
over and beyond that of the capacity of the existing street
system.
d) That the proposed use is otherwise not detrimental to the
health and safety, peace, morals and general welfare of
persons residing or working in the neighborhood of such
proposed use not injurious to property and improvements
in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application for the use permit
be, and the same is hereby denied; and
BE IT FURTHER RESOLVED:
That the findings quoted above and on Page Two be approved and adopted,
and that the Secretary be, and is hereby directed to notify the parties
affected by this decision.
S