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Reso 4704 45-U-87 (Mod.) CITY OF CUPERTINO � 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4704 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT MODIFICATION TO LOCATE A PLAY STRUCTURE AT AN EXISTING FAST FOOD RESTAURANT LOCATED AT 20680 HOMESTEAD ROAD. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit Modification, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public � hearings on this matter; and � WHEREAS, the applicant has met the burden of proof required to support said application; and has � satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfaze, or convemence; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. � NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�ibits, testimony and other evidence submitted in this i matter, the application for Use Permit Modification is hereby approved 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 45-U-87 (Mod.) set forth in the Minutes of the Planning Commission Meeting of May 13, 1996, and are incorporated by reference though fully set forth herein. Resolution No. 45-U-87 (Mod.) May 13, 1996 Page-2- , �ECTION II: PROJECT DESCRIPTION Application No.: 45-U-87 (Mod.) Applicant: Womar, Inc. Property Owner: Womaz, Inc. Location: 20680 Homestead Road �ECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. ' 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibit titled "Site Plan" and consisting of one sheet numbered A-1. 2. LANDSCAPING Permanent landscaping, acceptable to the Community Development Director will be planted in place of the "annuals" listed in the approved e�ibit. The applicant shall prepare a detailed landscape plan approvable by the Community Development Director prior to building permit � issuance. � � 3. SAFETY Prior to building permit issuance, the applicant shall provide revised building plans that alleviate , the concerns raised by the Central Fire District in their letter dated May 6, 1996. I PASSED AND ADOPTED this 13th day of May, 1996, 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, Mahoney and Chairman Roberts NOES.: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Doyle f � . ATTEST: � APPRO . Robert S. Cowan Paul Roberts, Chairman Director of Community Development Cupertino Planning Commission g:/pdreport/res45u87