Reso 2259 24-U-81
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RESOLUTION NO. 2259
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
0 RECOMMENDING APPROVAL OF A USE PERMIT TO OPERATE A
FAST FOOD SPAGHETTI RESTAURANT IN AN EXISTING
COMMERCIAL CENTER.
APPLICANT: Arndt Enterprises (Alice Siegrist)
ADDRESS: 3333 South Bascom Avenue, Campbell, California 95008
SUBMITTED: October 14, 1981
LOCATION: Northwest corner of De Anza Boulevard and Rodrigues Avenue
FINDINGS AND SUBCONCLUSIONS:
Approval is recommended subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning Commission meeting
of November 9, 1981. •
CONDITIONS:
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 enumerated herein shall apply.
15. Approval is based upon Exhibit A of Application 24-U-81 as may be
amended by special conditions contained herein.
16. The applicant is required to install a landscape area equaling a depth
of approximately 15 ft. along De Anza Boulevard and 5 ft. along •
410 Rodrigues Avenue. The landscaping shall include a slight earth berm
and/or landscape materials which help to screen the view of the parking
area. The landscaping plan shall be submitted to the Architectural and
Site Approval Committee for informal review and then back to the staff
for final approval prior to issuance of building permits for the proposed
restaurant. The landscaping shall be fully installed prior to final
occupancy granted to the restaurant.
17. The applicant shall install an enclosure for the trash receptacle. The
enclosure shall be located within the parking area located behind the
existing delicatessen. All trash receptacles for the shopping center shall
be located within the enclosure.
PASSED AND ADOPTED this 9th day of November, 1981, 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, Binneweg, Blaine, Koenitzer, Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
APPROVED:
ATTEST: /s/ John Claudy
John Claudy, Chairman
Planning Commission
•
ames .H. Sisk
Planning ➢irector - -2- -
J
C I. T Y OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND-
ING APPROVAL OF 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. That the use or uses are in conformance with the general plan
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
acconuuodate the proposed use.
c. That the proposed use will not generate a level of traffic
over and bey
ond 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 use - -
nor injurious to property and improvements in the neighbor-
hood.
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
is hereby recommended for approval, 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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