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Reso 2584 22-U-84 • RESOLUTION NO. 2584 . OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO OPERATE A GELATO SHOP TOTALING APPROXIMATELY 1 , 100 SO. FT. IN THE DE ANZA SQUARE SHOPPING CENTER. APPLICANT: Glacier Bay, Inc. ADDRESS: 22463 St. Andrews Avenue, Cupertino, California 95014 California, 95014 SUBMITTED: October 4, 1984 LOCATION: De Anza Square Shopping Center on the east side of De Anza Boulevard approximately 125 ft. south of Silverado Avenue. FINDINGS AND SUBCONCLUSIONS: Approval is subject to the finding as set forth on Page 1 , and the subconclusions as set forth in the meetings of the Planning Commission. Meeting of November 13, 1984. • CONDITIONS: 1-15. Standard Conditions. 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. • 16. Aggroved Exhibits The approval is based upon Exhibits A and A-1 of Application 22-U-84 as may be amended by additional conditons contained herein. 17. Hours The Gelato Shop shall stay open no later than 11:00 p.m. . from Sunday through Thursday and midnight on Friday and Saturday. 1 • CITY , OF CUP E R TI N O 111 City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 25,2-4505 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 oif proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: I' 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 adegivate ,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' ITFURTHER 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. Planning Commission Resolution No. 2584 22-U-84 • • PASSED AND ADOPTED this 13th day of November, 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, Mackenzie, Sorenson, Vice-Chairman Szabo NAYS: None ABSTAIN: None • ABSENT: Chairman Claudy ATTEST: APPROVED: /s/ James H. Sisk /s/ Nicholas Szabo 111 James H. Sisk Nicholas Szabo, Vice-Chairman Planning Director Planning Commission • • • • • • • • • • •