Reso 4471 6-U-93
CITY OF CUPERTINO
10300 Torre Avenue
( Cupertino, California 95014
RESOLUTION NO. 4471
� OF TI-� PLANNING COMMISSION OF 'TI� CITY OF CUPERTINO
APPROVING A USE PERNIIT FOR A DELICATESSEN
IN AN EXISTING SHOPPING CENTER
SECTION I: FINDINGS
�
i 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
1 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:
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a) That the use or uses are in conformance wrth the General Plan of the Crty of Cupertino, and are ot
! detrimental to existing uses or to uses specifically pernutted in the zone in which the proposed use is to be
i 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
I 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, TI�REFORE, BE IT RESOLVED:
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�
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the
f 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 specif'ied 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 August 23, 1993, and are incorporated by reference though fully set forth herein.
� SECTION II: PROJECT DESCRIPTION
Applicant No(s): 6-U-93
i Applicant: Imwalle/Stegner
� Property Owner: Homestead II Assoc.
' Location: 19998 Homestead Road
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Resolution No. 4471 (6-U-93) August 30, 1993
Page -2-
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SECTION III: CONDITIONS ADMINISTERED BY TI� COMMUNIT'Y DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
The recommendation of approval is based on E�ibits 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 855 sq. ft. and operate a 10 seat, fast food restaurant. No outdoor seating is
allowed.
, 3. HOURS OF OPERATION
The use is granted hours of operation from 7:00 a.m. to 11:00 p.m. daily.
4. TRIPS
The maximum peak hour trips (5-6 P1Vn which may be generated by the use is 6 one-way vehicle trips.
5. SIGNAGE
Signage must comply with the City approved sign program.
6. PARKING
The use shall comply with the Parking Ordinance.
7. HANDICAP
All handicap spaces must comply with State of California requirements prior to occupation to the satisfaction
of the Building Department.
8. 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.
10. LOS ALTOS GARBAGE
The applicant shall meet garbage standards as outlined in the Municipal Code. Increased pickups shall be
required to the satisfaction of Los Altos Garbage Company.
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11. MICROPHONE
No outdoor microphone or megaphone is allowed.
12. ROOF MOUNTED EQUIPMENT
All roof mounted equipment shall be fully screened and not visible from adjoining properties. The Cupertino
noise ordinance shall be met at all times.
Resolution No. 4471 6-U-93 August 30, 1993
Page -3-
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PASSED AND ADOPTED this 23rd 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: Austin, Doyle, Mahoney, Roberts
NOES: CONIMISSIONERS:
� ABSTAIN: CONIlVIISSIONERS:
ABSENT: CONIlVIISSIONERS: Bautista
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( ATTEST: APPROVED:
�� \"�I�J�'t
� Robert S. Cowan onna Austin, Chairwoman
Director of Community Development Cupertino Planning Commission
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