PC Reso 1482RESOLUTION NO. 1482
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW THE CONSTRUCTION OF
A RESTAURANT IN A CG (GENERAL COMMERCIAL) ZONING
p DISTRICT. ti
The use permit procedure.is required because the property is located in an
area regulated by the traffic intensity performance standard.
APPLICANT- Ushiro Hosono (Don Bandley
ADDRESS 21022 Sarahills Drive, Saratoga9.California 95070
SUBMITTED:. November 149 1975
LOCATION: Northeast corner of Bandley DriveandAlves Drive
ZONE: CG (General Commercial)
CONDITIONS AND FURTHER FINDINGS:
1-14. Standard Conditions to the extent that they do not conflict with the _
special conditions enumerated herein. In the event a conflict does
exist, the 'special conditions as enumerated herein shall apply:
15. That the approval is based on Exhibits A. B and O, except`as modified
by- the special conditions provided.hereino
16. That the City reserves the right to review traffic conditions within
the area at any time in the future. Constraints shall'be.imposed
should the City find that they are necessary to insure proper traffic
movements
17. In'the event that this development does not now or in the future fully
utilize the entire 16 trips per acre allotted by the Traffic.Intensity
Performance Standard, the owner -of record shall have the ability to
wither retain, sell or negotiate a trade of trips with other property
owners within the Highway Conceptual Plan zoning boundary. The
applicant shall record a covenant to describe the trip acre constraint
and the total number of .trips allotted to the particular development at
the time of the development approval. The covenant shall be worded in
a manner to suggest that the.future purchaser of properties consult the
Highway 9 conceptual zoning file and individual: use permit f.iles to
obtain an up-to-date status report of the total number 'of trips allotted
to each particular property.
That the applicant agrees to plant and maintain the undeveloped eastern
portion of this property in a manner and with materials acceptable to
the Architectural and Site -Approval Committee:
19,9 That the applicant agrees to participate:in on -site circulation improve-
ments to ,connec;t.the north/south driveway into the circulation system
of the property to the north when said property develops:
C I T Y O F C U P E R T I N 0
r
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.
(Continued
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