Reso 4464 2-U-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4464
OF THE PLANNING COMMISSION OF TI� CITY OF CUPERTINO
APPROVING A USE PERNIIT FOR A PIZZA ESTABLISHIv1ENT
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
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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 tr�c 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.
�
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, NOW, 'TI�REFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, e�ibits, 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
�
j this Resolution beginning on Page 2 thereof; and
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That the subconclusions upon which the findings and conditions specified in this Resolution are based and
contained in the Public Hearing record concerning Application 2-U-93 as set forth in the Minutes of the Planning
Commission Meeting of June 28, 1993, and are incorporated by reference though fully set forth herein.
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� SECTION II: PROJECT DESCRIPTION
� Applicant No(s): 2-U-93
Applicant: Imwalle/Stegner
� Property Owner: Homestead II Assoc.
` Location: 19998 Homestead Road
Resolution No. 4464 (2-U-93) June 28, 1993
' Page -2-
� � SECTION III: CONDITIONS ADMINIST'ERED BY'TI� COMI�iIUNITY DEVELOPMENT DEPARTMENT
� 1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits TI-1 and TI-2 dated 5/11/93, except as may be amended
by the Conditions contained in this Resolution.
2. APPROVED USE
� Approval is granted to occupy 966 sq. ft. and operate a 10 seat, fast food restaurant with two delivery vehicles.
( 3. HOURS OF OPERATION
The use is granted hours of operation from 11:00 a.m. to 12:00 p.m. daily.
4. TRIPS
I The m�imum peak hour trips (5-6 P1Vn which may be generated by the use is 5 one-way vehicle trips.
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5. SIGNAGE
Signage must comply with the City approved sign program.
� 6. PARKING
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� The use shall comply with the Parking Ordinance and maintain a maximum of 8 spaces for the restaurant use.
This may be decreased by two (2) parking spaces, if future new restaurants do not have delivery vehicles.
I 7. HANDICAP
�
� All handicap spaces must comply with State of California requirements prior to occupation to the satisfaction
� of the Building Department.
S. HEALTH DEPARTMENT
` Proof of a Health Department License must be provided prior to occupation.
9. CENTRAL FIRE
► Proof of Central Fire review and approval shall be provided prior to occupation.
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PASSED AND ADOPTED this 28th day of June, 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 Chairwoman Austin
' NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mahoney, Roberts
ST: APPROVED:
�`�'�
Robert S. Cowan Donna Austin, Chairwoman
Director of Community Development Cupertino Planning Commission