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Reso 1867 12-U-78 • RESOLUTION NO.. 1867 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW A SIT-DOWN RESTAURANT (PIZZA PARLOUR) TO OCCUPY APPROXIMATELY 3,000 SQ. FT. IN THE EXISTING HOME- STEAD CENTER. APPLICANT: Thornwood Associates ADDRESS: P.O. Box 6088, San Jose, California 95150 SUBMITTED: June 6, 1978 LOCATION: Southeast corner of Homestead and Stelling Roads 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 July 24, 1978. 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. The approval is based upon Exhibits A and B of Application 12-U-78, as may be amended by additional conditions contained herein. 16. That the use permit is conditioned upon the continued viability of a ® reciprocal parking agreement. And if for any reason the agreement is terminated this use permit may be subject to review. PASSED AND ADOPTED this 24th day of July, 1978, 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, Claudy, -Gatto, Koenitzer, Chairperson Blaine NAYS: None ABSTAIN: None ABSENT: None APPROVED: /s/ Sharon Blaine ATTEST: Sharon Blaine, Chairperson F" Planning Commission W-C-P'txfOiki\ Robert Cowan Assistant Planning Director -2- CITY 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 accommodate the proposed use. c. That the proposed use will not generate a level of traffic 1111 over and beyond 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. -1- (continued on Page 2) • I