Reso 2816 APPLICATION 16-U-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2816
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ENCLOSE
A 760 SQ. FT. RESTAURANT PATIO AREA FOR BAXTER'S
RESTAURANT (FORMERLY HOULIHAN'S)
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 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. 2816 (16-U-86) 6/23/86
PAGE - 2 -
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 16-U-86, as set forth in the Minutes of the
Planning Commission Meeting of June 23, 1986, and are incorporated by
reference as though fully set forth herein.
SECTION II: APPLICATION DESCRIYI'1ON
Application No(s) 16U-86
Applicant: W.R. Grace (Baxter's)
Property Owner: Coates and Sowards, Inc.
Location: Orchard Valley Marketplace, southeast corner
of Stevens Creek Boulevard and Portal Avenue
SECr'ION III: CONDrriONS
1) Approved Exhibits
The recommendation of approval is based on Exhibits A, A-1, A-2,
B, and B-1 of Application 16-U-86 except as may be amended by the
conditions enumerated herein.
2) Trip Policy
This approval is based on the subject restaurant's gross floor
area totaling approximately 9,460 sq. ft. including the 760 sq.
ft. patio enclosure. Therefore, 28.39 "trips" are allocated to
the subject restaurant based on a trip generation factor of 3
trips per 1,000 sq. ft. Given the current distribution of uses,
approximately 8.67 surplus "trips" are still available in the
center.
3) Architectural and Site Approval Committee
The Architectural and site Approval Committee shall "informally"
review and approve a plan to screen a satellite dish antenna.
4) PARKING
The applicant shall restripe the parking lot to increase the
parking yield by 29 spaces as described in Exhibit A-2.
RESOLUTION NO. 2816 (16-U-86) 6/23/86
PAGE 3
PASSED AND ADOPTED this 23rd day of June, 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: Adam, Claudy, Sorensen, Chairman Szabo
NAYS: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: MacKenzie
ATTEST: APPROVED:
/s/ Robert S. Cowan /s/ Nicholas Szabo
Robert S. Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission
RES16U86(B-4)lvm