Reso 2623 14-U-85
RESOLUTION N 0. 2623
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A USE PERMIT TO OPERATE A
•TAKE-OUT AND DELIVERY SPECIALTY RESTAURANT FRANCHISE.
i
APPLICANT: Bruce L. Terry/Domino's Pizza
ADDRESS: 77 Verde Drive, San Luis Obispo, California 95014
SUBMITTED: March 11, 1985
LOCATION: Northeast corner of Stevens Creek Boulevard and
Blaney Avenue
FINDINGS:
The Planning Commission finds the following:
1. The Commission finds that the late night evening
operational characteristics of the proposed use may
exacerbate the parking, loitering, and disorderly
conduct problems in the area due to the existing •
restaurant/bars which operate until late evening and
early morning hours.
2. The applicant has provided no evidence to demonstrate.
that the levels of activity will not create parking or
traffic problems during peak traffic hours or late -
evening hours.
0 3.. The Center is already deficient in landscaping, parking,
and provision of trash enclosures and the proposal and
does not attempt to rectify these problems,- or comply
with the requirements of the Stevens Creek Boulevard
Sidewalk/Landscaping Standard.
PASSED AND ADOPTED this 8th day of April , 1985, 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, Sorensen, Szabo, and
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Mackenzie
•
ATTEST: APPROVED:
/sj Robert Cowan LE/ John Claudy
Robert Cowan John Claudy, Chairman
Assistant Planning Director Planning Commission
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
411
Telephone (408) 2527 4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
DENIAL 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 not met the burden of proof required to. support
said application; and
I
WHEREAS, the Planning Commission finds thatjthe 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.
c) That the proposed use will not generate levels 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 and safety, peace, morals and general welfare of •
persons residing or working in the neighborhood of such
proposed use not injurious to property and improvements
in the neighborhood.
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
BE IT FURTHER RESOLVED:
That the findings quoted above and on PagelTwo be approved and adopted,
and that the Secretary be, and is hereby directed to notify the parties
affected by this decision.
•
ames H. Sisk
Planning Director •