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Reso 4413 1-U-92 C I T Y O F C U P E R T I N O 10300 Torre Avenue . Cupex�tino, California 95014 RESOL�TI'ION No. 4413 OF TI� PLANNING OOPM�IISSION OF TI� CITY OF GUPEE�I'INO R�OC�NDING DIIJIAL OF A USE PEE�IIT TO DIIKOLIS�i AN F�STING BUIIDING AND OONSTRUCT A NEW 2848 SQ. FT. FAST FC)OD RFSTAURA1V�r SECPION I: FINDINGS � Wf�RFAS, the Planning Commission of the City of Cup�rtino has received an , application for a Use Permit, as described on Page 2 of this Resolution; and � WII�RRE'AS, the necessaiy notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Con�nission has held one or more Public Hearings on this matter; and WI-iEE2EAS, the applicant has failed to n�eet the kxarden of proof required to support this application, and has not satisfied the following requirements: ► 1) That the property involved is adequate in size and shape to acconnnodate the proposed use and that the site is designed to provide an adequate � amount of parking. 2) That the proposed use will not generate levels of traffic over and beyond that of the capacity of the e�sting street system. P'urther, the use fulfills a oommunity wide objective which supports a goal expressed � in the General Plan or constitutes a special cultural, social, or historical benefit to the City. 1 NOW, ��ORE, BE IT R�SOLUF� That after careful oonsideration of maps, facts, exhibits, testimoriy and other evidence su�nitted in this matter, the application for Use Permit is hereby re�ed for denial by the City Council of the City of Cupertino; arid ; BE IT FU�I'i-�RR RE.SOLUID � That the subconclusions n which the f' ified in this Resolution t�O u�du�gs Spec � are based are contained in the Public Hearing reoord concerning Application ! 1-U-92 as set forth in the Minutes of the Plannirig Co�mmission meeting of July 13, 1992 and are incorporated by reference as though fully set forth herein. 1 � Resolution No. 4413 (1-U-92) 07/13/92 Page -2- I PASSID AND ADOP'I'ID this 13th day of July 1992, at a Re�gular Meetirig of the Planning Ccamnission of the City of Cupertino, State of California, by the � follvwing roll call vote: AYFS: �SSIONERS: NOES : �'Il�IISSIONERS : ABSTAIlJ: �SSIONERS: ABSII�T: C�M�SSIONER.S: I � A�r: �rn�ovm: � C��,,� �� � , Ro�-t c�wan �ar�l �aZ , i�n Director of C.arrnnunity Developanent Cupertino Planning Coatomission i ( peresos\1u92d ( 1 i � i 1 1 � � �