Reso 4151CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4151
OF THE PLANNING COMMISSION OF THE CITY OF CUPEIZTINO
REOM1MENDLNG APPROVAL OF A USE PERMIT FOR A 900 SQ. FT.
DOUGIRW SHOP WITH TAKEOUT SERVICE WITH AN EXISTING
RETAIL CENIER
SECTION I• FINDINGS
WHEREAS, the Planning Camnission 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
WHEWAS, the Planning Camnission 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. i'
b) That the property involved is adequate in size and shape to
ac=mmdate 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, Zf UZURE, 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 recamrnrded for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; arra
That the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 5-U-89 as set forth in the Minutes of the Planning
Ccmnission Meeting of April 24, 1989, and are incorporated by reference as
though fully set forth herein.
Resolution No. 4151 (5-U-89) April 24, 1989
Page -2-
�.tlY • �t,� 1 � • �
Application No(s): 5-U-89
Applicant: Chang -Yam
Property Owner: Maariani Development Company
Location: Southwest corner of Homestead Road and South De
Anza Boulevard
SECTION III• CONDITIONS TO BE AD4WISTERED BY COMMUNITY DEVELOPMENT
DEPARTME�IP
The recommendation of approval is based on the retail, Center Site
Plan, and Building location Rey Exhibits of 5-U-89, except as may be
amended by the Conditions contained in this Resolution.
2. USE !ABLATION
The subject use permit authorizes operation of a 900 sq. ft. doughnut
shop in Unit B. The use permit authorizes take-out service only;
seating is not approved. The hours of operation may be from 5:00 a.m.
to 11:00 p.m. daily.
3. CASH REGISTER
The location of the cash register shall be reviewed by staff for
oonformance to Condition 25 of Resolution 3097 of 47-U-87.
PASSED AND ADOPTED this 24th day of April, 1989 at a Regular Meeting of
the Planning Omission of the City of Cupertino, State of California, by
the following roll call vote:
L AYES: OOMMISSIOms : Claudy, Mackenzie, Sorensen, Szabo, and
Chairman Adams
NOES: OCN4TMIONERS: None
ABSTAIN: OOMMISSIONER.S: None
ABSENT: COMMISSIONERS: None
/s/ Robert Cowan
Robert Coonan
Director of Camunity Development
resos\rso5u89
/s/ Victor Adams
Victor Adams, Chairman
Cupertino Planning Commission