Reso 4435 12-U-92
CTTY OF CUPERTINO
� 10300 Torre Avenue
C�pertino, California 95014
RESOLUTION NO. 4435
OF TI� PLANNING CONIlVIISSION OF TI� CITY OF CUPERTINO
APPROVING A USE PERMIT FOR A SHARED INGRESS/EGRESS AND PARKING
SECTION I: FINDINGS
WI-�REAS, 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 has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the applicadon meets the following requirements:
a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and aze not
detrimental to e�sting uses or to uses specifically permitted in the zone in which the proposed use is to be
located.
b) That the properiy 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 elcisting
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:
That after careful consideradon 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
That the subconclusions upon which the findings and conditions specified in this Resoludon are based and
contained in the Public Hearing record concerning Applicadon 12-U-92 as set forth in the Minutes of the Planning
Commission Meeting of December 14, 1992, and are incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s): 12-U-92
� Applicant: Craig Hardy - Taco Bell
Property Owner: Christina Lamonica, Paul Pries
Project Location: 10700 and 10710 South De Anza Boulevard
Resolution No. 4435 (12-U-92) December 14, 1992
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY TI� COMMUTiITY DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBTTS
� The recommendation of approval is based on Site Plan dated October 28, 1992 except as may be amended
by the Conditions contained in this Resoludon.
2. INGRESS/EGRESS
The applicant shall record an appropriate deed restriction and covenant running with the land, subject to
approval by the City Attorney, with all pazcels which share a common private driveway or private
roadway with one or more parcels, including but not limited to the parcels to the south and east. Said deed
restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected
I parcels, to be implemented at such time in the future as the City can require the same of the adjoining
property owners. If the ingress/egress opening between Taco Bell and Paul's restaurant is proposed for
closure in the future, this and Taco Bell's use permit shall be modified accordingly. By implementing the
access condidon, Taco Bell agrees to amend its deed restriction to provide ingress/egress to all parcels
which share a private driveway. Said easements shall be recorded within 30 days of this approval.
3. RESTRIPING
The subject parking lot shall be restriped and improvements made as depicted on said site plan within 30
days of this approval .
PASSED AND ADOPTED this 14th day of December, 1992 at a Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMI��IISSIONERS: Austin, Mackenzie, Mahoney, Mann and Chairman Fazekas
NOES: COMNIISSIONERS: None
ABSTAIN: COMNIISSIONERS: None
ABSENT: CONIIVIISSIONERS: None
ATTEST: APPROVED: �
... � .� � ,.- �� F.� �� `�,� �- �
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Robert Cowan aryl Faz , C 'rman
Director of Community Development Planning Commission
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