Reso 2802 APPLICATION: 10-U-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, C&ifornia 95014
RESOLUTION NO. 2802
OF THE PLANNING CIISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO OPERATE A
SANDWICH SHOP WITH INDOOR SEATING AND TAKEOUT SERVICE
AT AN EXISTING COMMERCIAL 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(s) has met the burden of proof required to support
said application; and
WHEREAS, the Planning Commission ission 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
beyond 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 use, 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
RESOLUTION No. 2802 (10-U-86) 05/12/86
Page - 2 -
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 10-U-86 as set forth on Pages through of the
MinutPc of the Planning Commission Meeting of May 12, 1986, and are
incorporated by reference as though fully set forth herein.
SECriON II: APPLICATION DESCRIPI'1ON
Application No. 10-U-86
Applicant: Deborah Needell
Property Owner: Hunter Properties
Location: Southwest corner of De Anza Boulevard and
McClellan Road
SECTION III: CONDi'1'iONS
1) APPROVED EXHIBiTs
The recommendation of approval is based on Exhibit A of Application
10-U-86 except as may be amended by the conditions enumerated herein.
2) USE LIMITATIONS
The sandwich/salad food service take-out and on-premise dining
establishment authorized under this use permit shall be subject to the
following limitations:
a) Business hours shall terminate at or before 12:00 midnight daily.
b) Applicant shall be limited to five (2) employees per shift.
c) Applicant shall not provide more than eight (8) seats for customer
dining within the tenant space. No outdoor tables and chairs shall
be provided.
d) Applicant may offer beer and wine for sale in conjunction with
food ales, provided that no separate bar facility is created.
3) USE PERMIT REVIEW
The Planning Commission shall retain the option to review the business
activity authorized under this Use Permit at any time within the first
twelve (12) months of the effective date of said Use Permit to ensure
compliance with conditions of approval and with the conditions of
approval for Use Permits 23-U-85 and 43-U-85. Said review shall be
conducted as an Unfinished BusinPc-s agenda item after notification of
the applicant and property owner.
RESOLUTION No. 2802 (10-U-86) 05/12/86
Page - 3 -
PASSED AND ADOPTED this 12th day of May, 1986, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: CCSSIONERS: Adams, Sorensen, Claudy, Vice-Chr. Mackenzie,
NAYS: CISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chr. Szabo
ATTEST: APPROVED:
/s/ Robert Cowan /s/ Don Mackenzie
Robert Cowan Donald Mackenzie, Vice-Chairman
Planning Director Planning Commission
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PESOUMION No. 2802 (10-U-86) 05/12/B6
page 2
SETT Y TaHER RFMLVID:
Th&t --the ii«,s uporn which the findings and conditions specified
in ! this s -_�____ _,r i on are based and contained in -the . Public Hearing :record
cm=em,M nM ;eati_cn 10-u-86 as _set faith on Pagers thrmrjh of She
Mimrtes cf the -plannjng am nission Meeting of :May 12, 1986, and are
incorporated }fir woe as 'tom Sully set forth herein.
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11he r3ZMning pnffnj5SiM shall =erain the option to --review the hisiximm
activity mxd=dZed nnader fhi.> ?Use emit at any time within the first
twelve (22) ma[nf ] cf the effective date of-sairl Ilse emit to ;ar,a„ss
c=Ipl i a„ae with vnditi=is of aR=m-- l and with the conditimns of
approval f I}se 1'e=its--a-V-05 and 43-U-85. Said XBv3.ew shall be
as an Unfinished Dminess agenda .item 31''1=er mo'tificati= of
the applicarnt and Tnmperty owner.
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i2FSOIIJTION No. 2802 (10-U-86) 05/12/86
Page — 3
t F
PASSED AND ADOFTM this 12th day Of May,_1986, at a regular meeting of the
P1ann.inig Crami8SJon of the City Of 04*rtim, State of can if= iA by the
i
following roll call vote:
AYES: cMgU.SSIONEBS: Adams, Sorensen, cUudy, vice-chr. m+,eiOnzie,
NAYS: O SIctum: Nacre:
ABSTAIN: OGNESSIONE RS: None
ASSEHr: CMUSSrpMRS; shr.:Szabo
/s/ Robert Cowan /s/ Don Macke=ie