Reso 4592 10-U-94 (Modified)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4592
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION TO
ALLOW RESTAURANT AND/OR SPECIALTY FOOD STORE USES
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 is in conformance with the General Plan of the City of Cupertino, and is 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.
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, 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 resolution are based
and contained in the public hearing record concerning Application 10-U-94 as set forth in the Minutes of
the Planning Commission Meeting of March 13, 1995, and are incorporated by reference though fully set
forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 10-U-94 Modified
Applicant: Barry Swenson Builder
Property Owner: First Development Corporation
Location: Southwest Corner of Stevens Creek Blvd. and Tantau Ave.
Resolution No. 4592 10-U-94 (Modified) March 13, 1995
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED USES
The use permit is approved to allow the commercial building be used for all permitted uses in the
general commercial ordinance contained in chapter 19.56 of the Cupertino Municipal Code, a formal sit-
down restaurant, not more than one fast food restaurant not to exceed 1,000 sq. ft., and/or a specialty
food store. The approved uses are permitted subject to the parking restrictions stated in condition 2.
2. PARKING RESTRICTIONS:
The approved uses for the commercial building may be permitted with the following parking
requirements:
Uses Parking Ratio
General Retail 1 space per 200 square feet
Specialty Food Stores 1 space per 4 seats plus 1 space per employee.
Formal sit-down restaurants and a fast food 1 space per 3 seats plus one per employee.
restaurant not exceeding 1,000 sq. ft.
The maximum number of spaces that can be allocated to the commercial uses is 20 spaces.
PASSED AND ADOPTED this 13th day of March, 1995 at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Harris, Austin, Roberts
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Mahoney
ATTEST: APPROVED:
f
Robert S. Cowan David Doyle, hairman
Director of Community Development Cupertino Planning Commission
g/pdreport/rs 10u94m