Reso 4403 1-U-92
C I T Y O F C U P E R T I N O
10300 Torre Ave.nue
G�ipertino, California 95014
RESOIZJI'ION No. 4403
OF � PLANNING OONIl�IISSION OF � CITY OF CUPEE�I'INO
R�CX�Il�iVDING DII�TIAL OF A USE PII2'�T 'PO DII�LISH AN �SI'ING BUIIDING AND
OONS"1�CTCT A NEW 2848 SQ. FT. FAST F�OOD RESI'AURANrr
SECTION I: FIl�TDINGS
Wf��2FAS, the Planning Ccatnnission of the City of G1t�x has received an
application for a Use Permit, as de.scribed on Page 2 of this Resolution; and
WHERF.AS, the neoessary notioes have bee.n given in aocordance with the
Procedural Orclinance of the City of Cupex and the Planning Co�nission has
held one or more Public Hearings on this matter; and
Wf�tE'AS, the applicant has failed to meet the burden of proof required to
support this application, and has not satisfied the follawing requirements:
1) That the use or use.s are in conformance with the General Plan and are
, not detrimental to existing uses specifically permitted in the zone in
which the proposed use is to be located.
2) That the property inwlved is adequate in size and shape to acconnnodate
the proposed uses and that the site is designed to provide an adequate
amount of parking.
3) That the proposecl uses will not generate levels of traffic over and
beyond that of the capacity of the e�stirig street system. Ftarther, the
( use fulfill a ooa�miunity wide objective which supports a goal expressed
in the General Plan or constitutes a special cultural, social, or
historical benefit to the City.
NOW, ��ORE, BE IT RF50LUID
That after careful consideration of maps, facts, exhibits, test�mony and other
evidence suL�mitted in this matter, the application for Use Permit is hereby
recc�rnnended for denial by the City Crnuzcil of the City of Cupertino; and
BE IT FUF�III2 RESOLUID
That the subconclusions upon which the findings specified in this Resolution
are based are contained in the Public Hearing record concerning Application
1-U-92 as set forth in the Minutes of the Planning Co�nnission meeting of April
13, 1992 and are incorporated by reference as though fully set forth herein.
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Resolution No. 4403 (1-U-92) 04/13/92
Page -2-
PASSID AND ADOP`I'ID this 13th day of April 1992, at a Regular Meeting of the
Plannirig Cce�rnnission of the City of G�ipertino, State of California, by the
following roll call vote:
AYES: CJC�Il�IISSIONII2.S: Austin, Mackenzie, Mahoney, Mann and Chairman Fazekas
NOFS : OCY�Il�IISSIONII�.S : None
ABSI'AIlJ: aC�A�IISSIONII2S: None
ABSIIV�I': OCI�IISSIONII2S: None
A'1'T'F.Sr!': AFPROVID:
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Robext Ccxaan Daryl Fazekas, irman
Director of Cairnrn�nity Develo�anent Cupertino Planning Comnission
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