Reso 4518 4-U-94
CITY OF CUPERTINO
10300 Torre Avenue
� Cupertino, California 95014
RESOLUTION NO. 4518
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR A RETAIL COFFEE STORE IN AN
EXISTING SHOPPING CENTER
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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
� 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 traffic over and above that of the capacity of the
existing street system.
1 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, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, eachibits, testimony and other evidence submitted in this
� matter, the application for Use Permit is hereby approved contingent upon the approval and effective
date of the rezoning and subject to the conditions which are enumerated in this Resolution beginning on
1 Page 2 thereof; and
� That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application 4-U-94 as set forth in the Minutes of
the Planning Commission Meeting of April 11, 1994, and are incorporated by reference though fully set
� forth herein.
� SECTION II: PROJECT DESCRIPTION
E Application No.: 4-U-94
Applicant: Pommard Corp. dba Mission City Coffee Roasting Company
� Property Owner: TCW Realty Fund
Location: 19636 Stevens Creek Boulevard
Resolution No. 4518 4-U-94 April 1 l, 1994
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The site plan and floor plan dated April 18, 1994.
2. USE LIMITATIONS
The conditional use permit authorizes a 1,100 square foot coffee shop as described in the Project
Description dated 4/18/94. Incidental sales of pastries and confections is allowed. A maximum of 24
seats, either indoors or outdoors is allowed. The approved hours of operation are 7:00 AM - 11:00
PM daily. The Planning Commission may agendize this application to reduce the seating count to 12
seats if a lack of off-street parking in the shopping center resulted in parking problems.
3. PARKING
Prior to issuance of a building permit or building occupation, whichever is first, the property owner
shall re-stripe the parking lot in conformance with City Council Action letter dated July 24, 1986,
Condition No. 4. The property owner is required to have site confirmation of re-stripping completion
by staff.
PASSED AND ADOPTED this llth day of April, 1994, 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, Harris, Roberts and Chairman Mahoney
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Doyle
ATTEST: APPRO D:
�
Robert S. Cowan Orrin Mahoney, C rman
Director of Community Development Cupertino Planning Commission
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