Reso 2822 APPLICATION: 15-U-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2822
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT
TO OPERATE A SIT DOWN RESTAURANT WITHIN AN EXISTING SHOPPING CENTER
SECriON 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 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
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RESOLUTION No. 2822 (15-U-86) 07/14/86
Page - 2 -
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based upon and contained in the Public Hearing
record concerning Application 15-U-86 as set forth in the Minutes of the
Planning Commission Meeting of July 14, 1986, and are incorporated by
reference as though fully set forth herein.
SEc:r1ON II: APPLICATION DESCRIPr1ON
Application No(s) 15-U-86
Applicant: Thornwood Associates
Property Owner: Same
Location: Southeast corner of Homestead Road and
Stelling Road
SECTION III: CONDITIONS
1) APPROVED EXHIBnb
The recommendation of approval is based on Exhibits A and A-1 of
Application 15U-86, except as may be amended by the conditions
enumerated herein.
2) AUTHORIZED USE
The subject use permit authorizes operation of a formal restaurant
with seating for a maximum of 75 diners, and offering of beer and wine
with meal service. No separate bar is authorized by this Use Permit.
Hours of operation shall range fruit' 11:00 AM to 11:00 PM daily. The
maximum number of restaurant seats within the "Thornwood" portion of
the Homestead Lanes Center may not exceed 91. The nuMber of
restaurants is limited to two.
3) PARKING AGREEMENT
The subject Use Permit is conditioned upon the continued viability of
the reciprocal parking agreement recorded in the records of Santa
Clara County, June 16, 1975, #5030702. Should said agreement be
revoked, cancelled or be declared void for any reason, the Use Permit
may be subject to review and amendment.
4) PARKING MANAGEMENT
Public access shall be provided through the rear door to encourage
utilization of the easterly parking area. The applicant shall
encourage employees to park in said easterly parking lot during
business hours.
RESOLUTION No. 2822 (15-U-86) 07/14/86
Page - 3 -
5) HOURS OF OPERATION
The approved hours of operation may be curtailed if parking demand
exceeds supply on site. The Planning rnmmission may evaluate the
status of on site parking informally and modify hours of operation, as
an item of Unfinished Business on their agenda. The Camnission's
actions may be appealed to the City Council and provided in Ordinance
652.
6) PARING
The applicant shall modify the parking lot to accommodate
approximately 64 spaces consistent with city parking details and
standards. The restripe plan is subject to staff approval prior to
release of building permits for interior modifications.
PASSED AND ADOPTED this 14th day of July, 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, Claudy, Mackenzie, Chr. Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Sorensen
ATTEST: APPROVED:
/s/ Robert Cowan Is! Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning rnrmni scion