Reso 4031APPLICATION 54-U-87
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
RESOLUTION NO. 4031
OF THE PLANNING COMMISSION RESIDING APPROVAL
OF A USE PM= TO REMODEL A RESTAURANT BY REOONFIGURING
FIRST AND SECOND FLOOR DIM* AREA AND TO INSTALL
EXTERIOR ARCHITECTURAL MODIFICATIONS
SECTION I• FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant has met the burden of proof required to support
said application; and
WHEREAS, the Planning Commission finis that the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and are 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
accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and
above 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 or persons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, TFEREFWE, 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 re=mended for approval, 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 54-U-87 as set forth in the Minutes of the Planning
Commission Meeting of January 11, 1988, and are incorporated by reference
as though fully set forth herein.
RESCLUrION NO. 4031 (54-U-87) 1/11/87
PAGE -2-
SECTION II: APPISCATION DESCRIPTION
Application No(s) 54-U-87 and 56-EA-87*
Applicant: Shirr u and Etow (Eli McFly's Restaurant)
Property Owner: P. Barnhart
Location: Northwest corner of Valley Green Drive
and North De Anza Boulevard
SECTION IV: CONDITIONS ADMINISTERED BY THE PLANNING DEPARTMENT
1. APPROVED EXHIBITS
The reconmesxlation of approval is based on Exhibits A and B of
Application 54 U-87, except as may be amended by the Corxditions
contained in this Resolution.
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The applicant shall record a covenant which documents the emulative
floor area of applications received after February 1, 1986 and
informs future property owners of the street and streetscape
improvement obligation. A draft covenant shall be submitted to
staff for approval prior to recordation.
3. MODIFICATION OF APPROVED DEVEIDPMENr PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations, or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and
Development. If the Director makes a finding that the changes are
minor and do not result in a material affect upon the appearance or
function of the project, said changes may be certified on the
revised plan. If approval of said changes is withheld, the
applicant may appeal to the Planning Commission.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning Commission for approval.
If the changes are denied by the Planning Commission, the applicant
may appeal to City Oouncil as provided in City ordinance. No. 652.
If said changes are approved by the Planning Commission, an appeal
my be made to the City Council by any interested party. Further,
any Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said changes by
the Planning Commission.