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Reso 4864 9-ASA-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4864 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING ARCHITECTURAL AND SITE APPROVAL TO ALLOW A 310 SQUARE FOOT WAITING ROOM ADDITION FOR AN EXISTING RESTAURANT IN A SHOPPING CENTER AT THE SOUTHEAST QUADRANT OF HOMESTEAD ROAD AND STELLING ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for Architectural and Site Approval, 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 welfare, or convenience; _ 2) The proposed use v��ill 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, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit 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 No. 9-ASA-97 set forth in the Minutes of the Planning Commission Meeting of, September 8, 1997, and are incorporated by reference though fully set forth herein. Resolution No. 4864 9-ASA-97 September 8, 1997 Page-2- SECTION II: PROJECT DESCRIPTION Application No.: 9-ASA-97 Applicant: Target Homestead Property Owner: Target Homestead Location: 20956-A1 Homestead Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on the plan set titled "Proposed Expansion of the Homestead Eatery Restaurant, 20956 #A-1, Homestead Rd., Cupertino, Calif." dated July 1997 and consisting of two sheets, 1 and 2, except as may be amended by the Conditions contained in this Resolution. 2. RETAIL COMMERCIAL DEVELOPMENT ALLOCATION An allocation of 310 square feet from the "Major Retail Centers" development pool is approved with this application. 3. ADMINISTRATIVE APPROVAL OF FINAL ARCHITECTURAL CHANGES The applicant shall obtain approval of the Community Development Director for final architectural changes of the restaurant addition. PASSED AND ADOPTED this 8th day of September, 1997, 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, Mahoney and Vice-chairperson Austin NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Roberts and Chairperson Harris ATTEST: APPROVED: 1',�,,�,`y� � �^ - - ,� / �f, ,�- �, Robert S. Cowan Andrea B. Harris, Chairperson Director of Community Development Cupertino Planning Commission g/pdrepordres/r9asa97