Reso 419812-U-88 (A:mj40d)
CITY OF CUPERTINO
10700 Torre Avenue
Cupertino, California 95014
FSOLUPION No. 4198
OF THE PLANNING CWMISSION OF THE CITY OF CUPERTINO
TO CLARIFY CONDITION OF APPROVAL OF USE PMMIT
12-U-88 (AMENDED) AND 29-U-84 (AMENDED)
SFiMON I: FINDINGS
M OW --AS, the Planning Cm ission of the City of Cupertino received an
application for clarification of a condition of approval of a Use Permit,
as described on Page 2 of this Resolution; arra
WHEREAS, the applicant has met the burden of proof required to support
said application; and
WHMEAS, the Planning Ccmudssion finds 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
aeccmrodate 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 of persons residing or
working in the neighborhood of such proposed uses, nor injurious
to property and improvements in the neighborhood.
NOW, TtOZEFIORE, 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 recommended 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 12-U-88 (Amended) as set forth in the Minutes of
the Planning cc mnission Meeting of September 11, 1989, and are
incorporated by reference as though fully set forth herein.
Resolution No. 4198 (12-U-88 Amended) 09/11/89
Page -2-
SF=ON II• DFSCRIPPION OF PRAIECP
Application No(s): 12-U-88 (Amended) arra 29-U-84 (Amenctcd)
Applicant: Arthur G. Gunther
Property Owner: Steven Gazzera
ax-ation: 19930/19936 Stevens Creek Blvd.
SECFION III. CONDITIONS ADMINI9TFS2FD BY WE COMMUNITY DEVFLOPMIINP DEPT.:
1. CLARIFICATION
Clarify that the intent of Condition No. 27 of 12-U-88 is to restrict
restaurant traffic from exiting onto Blaney Avenue, not to restrict
eastbound traffic from exiting onto Stevens Creek Boulevard.
2. FINAL PLANS
A final improvement plan depicting curbing, expansion of landscaping,
pavement markings and direction signs are to be submitted to the
Planning Department for approval prior to installation.
3. PERIODIC REVIEW
This approval shall be reviewed periodically in order to review the
effectiveness of this clarification and solution. Substantiated
complaints related to traffic flow onto Blaney Avenue shall be grounds
for the Planning Comudssion to review this application.
PASSED AND ADOPTED this 11th day of September, 1989 at a Regular Meeting
of the Planning C umdssion of the City of Cupertino by the following roll
call vote:
AYES: OaMMIISSIONMS: Claudy, Mackenzie, Szabo, Sorensen, chairman Adams
NAYS: COMMISSIONERS:
AASPION: CCtII41SSIONERS:
AASENP: OCI- MISSIONERS:
/s/ Robert Cowan
Robert Cavan
Director of Community Development
peresos\rsl2u88a
/s/ Victor Adams
Victor Adams, Chairman
Cupertino Planning Commuaission