Reso 249541-U--83
RESOLUTION-NO.2495
OF THE PLANNING COMMISSION OF THE CITY OF C:UPERTINO
RECOMMENDING DENIAL OF A USE PERMIT TO CONSTRUCT AND
OPERATE A DRIVE -THROUGH FACILITY AT AN EXISTING FAST-
FOOD RESTAURANT.
APPLICANT: Tarka, Inc. dba McDonald's
ADDRESS: 10990 North Stelling Road, Cupertino, CA 95014
SUBMITTED: December 22, 1983
LOCATION: Southeast corner of Homestead Road and Stelling
Road
FINDINGS:
The Planning Commission finds that the property is not of
sufficient size and shape to accommodate the proposed use and
therefore does not meet Condition B of the required Use Permit
Findings. Additionally, the proposal does not comply with
Sections 1B, 4B, and 5C of the guidelines (Criteria for Review of
Drive -through Uses) as recommended to the City Council. Finally,
the drive -through arrangement will cut across pedestrian
rights -of -way as such is an unsafe pedestrian access area.
PASSED AND ADOPTED this 26th day of March, 1984, 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, Koenitzer, Szabo and
Chairperson Blaine
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVAL:
/s/ James H. Sisk /s/ Sharon Blaine
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James.H. Sisk Sharon Blaine, Chairperson
Planning Director Planning Commission
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C I T Y OF C U.P E R T I N 0
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City Hall, 10300 Torre Avenue
Cupertino, California! 95014
Telephone (408) 252-I4505
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RESOLUTION OF THE PLANNING COMMISSION OFlTHE CITY OF CUPERTINO DENYING A
USE PERMIT.
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WHEREAS, the Planning Commission of the CI ity of Cupertino received an application
for a use permit, as stated on Page 2; and
WHEREAS, the applicant has not met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds that the application does not meet all
of 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.
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C. That the proposed use will not generate levels of traffic over
and beyond that of the capacity[of the existing street system. i
1 •d. That the proposed use is otherwise not detrimental to the health
safety, peace, morals and generial welfare of persons residing or
working in the neighborhood of !such proposed use nor injurious '
to property and improvements ink the neighborhood.
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NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration 'of maps, facts, exhibits and other evidence
submitted in this matter, the application for the use permit be, and the same
is hereby denied; and j
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BE IT FURTHER RESOLVED:
That the
and that
affected
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findings quoted above and on Page Two be approved and adopted,
the Secretary be, and is hereby directed to notify the parties
by this decision.
Rob t Cowan
Assistant Planning Director
(Continued on Page 2)