PC Reso 147211-•U- 7 5
i
RESOLUTION NO. 1472
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONSTRUCT A "DRIVE-IN"
RESTAURANT IN A GENERAL COMMERCIAL ZONE.
APPLICANT: Carl Karcher Enterprises, Inc. (Carl.`s Jr. Hamburgers)
ADDRESS: 1200 N. Harbor Blvd., Anaheim, California 92803
SUBMITTED: October 31, 1975
LOCATION: Southwest corner of the intersection°:of Homestead Road and Saratoga -
Sunnyvale Road.
ZONE: CG (General Commercial)
CONDITIONS AND FURTHER FINDINGS:
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 as enumerated herein shall apply.
15. The approval is based upon the site plan labeled Exhibit A of 11-U-75
as may be amended by additional conditions herein.
16. That the 52 ft. public street on the westerly boundary of the property
be installed up to the limits of improvements as indicated on. Exhibit A.
17. That the drive -up portion of the restaurant facility be deleted from the
site plan and replaced with landscaping subject to approval of the
Architectural and Site Approval Committee.
18. That some form of pedestrian walkway be incorporated into the overall
site plan for the shopping center which shall be installed in conjunction
with the construction of the restaurant. Said walkway shall be con-
structed from the Homestead Road frontage to .the existing shopping center
buildings.
19. That the operating hours of the restaurant are unrestricted, however,
the Planning Commission shall have the ability to initiate a Bearing
to review operating hours should noise and lighting become intrusive
during late evening hours.
-2-
C I T Y O F C U P E R T I N 0
City Hall, 1_0300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO GRANTING
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. Encourages the most appropriate use of land,
b. Conserves and stabilizes the value of property.
c. Provides for adequate open spaces for light and air,
d. Permits adequate control of fires,
e. Promotes the health, safety and public welfare,
f. Provides for the orderly development of the City, and
g. Is advantageous to the property and improvements in the zoning
district and neighborhood in which the property is located;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the applicationof the USE PERMIT be,
and the same is hereby granted, subject to the conditions stated on
Page 2; and
BE IT FURTHER RESOLVED:
That the aforementioned findings be ap;)roved and adopted, and that the
Secretary be, and is hereby directed to notify the parties affected by
this decision.
(Continued
-1- on Page 2)
21-U--75
y
.Resolution No. 1472 (continued)
PASSED AND ADOPTED this 24th day of November, 1975, at a regular meeting of
the Planning Commission of the. City of Cupertino, State of California, by
the following roll call vote:
AYES: -Commissioners Cooper, Woodward, Chairman Gatto
NAYS: Commissioner O'Keefe
ABSTAIN: None
ABSENT:Commissioner Adams _
i
APPROVED:
'I
/s/ John M. Gatto
John Me Gatto, Chairman
Planning Commission
ATTEST:
James H. Sisk
Planning Director
•
-3-