Reso 1898 21-U-78
RESOLUTION NO. 1898
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
4, APPROVING A USE PERMIT TO CONSTRUCT AND OPERATE A
FAST-FOOD, TAKE-OUT RESTAURANT CONSISTING OF APPROXI-
MATELY 3,700 SQ. FT. WITH OUTDOOR SEATING FACILITIES .
APPLICANT: Burger King Corporation
ADDRESS : 1333 Lawrence Expressway, Building 400, Suite 424, Santa Clara, CA 95051
SUBMITTED: September 11, 1978
• LOCATION: West side of North De Anza Boulevard approximately 250 ft. northerly
of Stevens Creek Boulevard
Approval is recommended subject to the findings as set forth on Page 1 and sub-
conclusions as set forth in the minutes of the Planning Commission meeting of
November 13, 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. That the approval is based upon Exhibit A 2nd Revision, B 1st Revision and
Informational Exhibit of Application 21-U-78 as may be modified by
additional conditions contained herein.
® 16. That the approval is to allow construction and operation of a 3,700 sq. ft.
fast-food, take-out restaurant with a maximum indoor and outdoor seating
capacity limited to approximately 130 seats .
17. The property owner shall record reciprocal ingress/egress easements between
the subject site and the adjoining property fronting on North De Anza
Boulevard located immediately adjacent and to the north (Assessor's Parcel
No. 326-34-63) . If the subject property and the adjoining property are
under one ownership at the time of filing for building permits, the
easement agreements shall be recorded simultaneously with any transfer of
ownership at no cost to the City.
18. The applicant shall enter into reciprocal ingress/egress easements to
implement the reciprocal driveways as shown on Exhibit A 2nd Revision.
If the applicant is unable to obtain the cooperation of the adjoining
property owners , he shall record a deed restriction, running with the
land which is acceptable to the City Attorney agreeing to provide
reciprocal ingress/egress easements as such time in the future as the City
can require the same of the adjoining property owner.
19 . The applicant shall install the off-site landscaping area located on the
north side of the common drive off De Anza Boulevard subject to the
review and approval of the Architectural and Site Approval Committee.
i
-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
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) 410
21-U-78
Planning Commission Resolution No. 1898 (Continued)
41)
PASSED AND ADOPTED this 13th day of November, 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
Sharon Blaine, Chairperson
Planning Commission
ATTEST:
UA---
Robert Cowan
Assistant Planning Director
1111
•
•
411
-3-