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Reso 4469 4-U-93 CITY OF CUPERTINO 10300 Torre Avenue t Cupertino, California 95014 RESOLUTION NO. 4469 I OF TI� PLANNING COMIVIISSION OF TI� CITY OF CUPERTINO � APPROVING A USE PERMIT TO LOCATE A FAST FOOD RESTAURANT IN AN EXISTING SHOPPING CENTER 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: i 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: I 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 4-U-93 as set forth in the Minutes of the Planning Commission Meeting of August 9, 1993, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Applicant No(s): 4-U-93 Applicant: Pollo's Property Owner: ABC De Anza Plaza Partners Location: 10525 De Anza Boulevard. Southwest corner of De Anza Blvd. and McClellan Rd. Resolution No. (4-U-93) August 9, 1993 Page -2- ( SECTION III: CONDITIONS ADMII�IISTERED BY 'TI� COMMUNITY DEVELOPMENT DEPARTMENT ( 1. APPROVED EXHIBITS The recommendation of approval is based on the site plan dated July 29, 1993, the floor plan dated July 28, 1993 and this staff report dated August 9, 1993, except as may be amended by the conditions contained herein. 2. APPROVED USE The subject use permit grants the operation of a 1500 sq. ft. fast food establishment with a maximum number of 26 seats and three employees. 3. PARKING DEFICIT ( This use permit authorizes a parking deficiency of 3.5 spaces at the center. The Planning commission reserves the right to reduce the number of seats on the premises should a parking shortage arise in the future. � 4. PARKING LOT RESTRIPING Prior to opening of the business the owner of the shopping center shall restripe the parking lot with a mimmum of 63 spaces. I � 5. DELIVERIES No deliveries or pickups shall occur between the hours of 8:00 p.m. and 8:00 a.m. weekdays and 8:00 p.m. and 9:00 a.m. weekends in conformance with Section 10.48.062 of the Cupertino Municipal Code. 6. GARBAGE PICKUP Garbage pickup adequacy to satisfaction of Los Altos Garbage Company. Further, the applicant is encouraged to participate in Los Altos Garbage's cardboard recycling program. 7. SIGNS I All signs shall be in conformance with the approved sign program for the center. Prior to installation of the ' signs the applicant shall obtain the appropriate permits from the Building Department. i � 8. ROOF MOUNTED EQUIPMENT All roof mounted equipment shall not be visible from any public right of way. Further, the equipment shall I not produce a noise level above that required by the Noise Ordinance (Cupertino Municipal Code). --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- PASSED AND ADOPTED this 9th day of August, 1993, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Bautista, Doyle and Vice Chairman Mahoney NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Roberts and Chairwoman Austin ATTEST: APPROVE : ;� ,'" �� ! / .� �" ( � ;, � .�..,, /'� Robert S. Cowan Orrin Mahoney, Vice C rman d � Director of Community Development Cupertino Planning Commission g:/mm/peresos/4u93