PC Reso 1501 0 3-U-76
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RESOLUTION NO. 1501
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW CONSTRUCTION AND
OPERATION OF A TAKE-OUT RESTAURANT
APPLICANT: Bay Area Foods, Inc. (Burger King)
ADDRESS: P. 0. Box 2756, Mission Station, Santa Clara, California 95051
SUBMITTED: January 30, 1976
LOCATION: Northwest quadrant of Stevens Creek Blvd. and De Anza Blvd.
ZONE: CG (General Commercial)
CONDITIONS AND FURTHER FINDINGS:
1-14. Standard Conditions to the extent that they do not conflict with the
following special conditions. If a conflict does exist, the special
conditions as enumerated herein shall apply.
15. That the applicant shall integrate pedestrian walkways between the
subject building and adjacent property. Sidewalks shall parallel
the 50-foot access drive described on Exhibit A. The access drive
median may be eliminated to provide space for the sidewalk. The
design alternative for the driveways shall be evaluated and recom-
mended for approval to the City Council by the Architectural and
Site Approval Committee.
® 16. That the applicant shall fully improve (including a landscape median
and sprinklers, if approved) the existing 50-ft. off-site circulation
easement located along the westerly property line of the subject
property. Additionally, the street portion of the private drive ,
extending westerly to Bandley Drive shall be fully improved with
the exception of the installation of landscaped materials. A cost/
benefit formula shall be utilized to reimburse the developer. for
roadway improvements beyond those that benefit the developmeft.
17. That the signs shown on the site plan and elevations drawings are
not included in this approval. Signing shall be submitted to the
Architectural and Site Approval Committee for final review.
18. That the applicant shall sign an agreement to participate in future
on-site circulation improvements to connect any of the driveways
into the circulation system of the surrounding parcels at such time
as surrounding parcels either modify the existing site or develop.
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CITY OF CUPERTINO
City Hall,. 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO GRANTING
A USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a USE PERMIT, as stated on Page 2; 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. Encourages the most appropriate use of land,
b. Conserves and stabilizes the value of property.
c. Provides for adequate open spaces for light and air,
d. Permits adequate control of fires,
e. Promotes the health, safety and public welfare,
f. Provides for the orderly development of the City, and
g. Is advantageous to the property and improvements in the zoning
district and neighborhood in which the property is located;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application of the USE PERMIT be,
and the same is hereby granted, subject to the conditions stated on
Page 2; and
BE IT FURTHER RESOLVED:
That the aforementioned findings be approved and adopted, and that the
Secretary be, and is hereby directed to notify the parties affected by
this decision.
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3-U-76
Resolution No. 1501 (continued)
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PASSED AND ADOPTED this 23rd day of February, 1976, at a regular meeting
of the Planning Commission of the City of Cupertino, State of California,
by the following roll call vote:
AYES: Commissioners Adams, Cooper, Woodward, Chairman Gatto
NAYS: None
ABSTAIN: None
ABSENT: Commissioner O'Keefe
APPROVED:
/s/ John M. Gatto
John M. Gatto, Chairman
Planning Commission
ATTEST:
® James H. Sisk
Planning Director
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