Reso 2650 19-U-85
RESOLUTION NO. 26504111
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO OPERATE A HOME DELIVERY
AND TAKE-OUT PIZZA BUSINESS AFTER 11:00 P.M. IN
AN EXISTING COMMERCIAL CENTER.
APPLICANT: Home Delivery Pizza
ADDRESS: 17.7,.5 "D" Bollinger Roads Cupertino, California 95014
SUBMITTED: April 29, 1985
LOCATION: Bollinger Plaza Center on the north side of
Bollinger Road approximately 150 ft. west of De Anza
Boulevard
FINDINGS AND SUBCONCLUSIONS:
.1 and on set s
Approval is subject to the findings . asforthPage
the subconclusions as set forth in the minutes of the Planning
Commission meeting of June 10, 1985.
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.
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16. APPROVED EXHIBITS
That the recommendation of approval is based on. the
description of the proposed activity and Exhibits A and
Informational of Application 19-U-85 except as may be
amended by special conditions enumerated herein.
17. USE LIMITATIONS
The applicant's home delivery and take-out pizza
business shall be permitted to operate daily until 12:00
midnight. The applicant shall be permitted a maximum of
one commercial delivery vehicle on the subject property
and a maximum of 10 employees per shift (including both
employees in the store and those making deliveries) .
The applicant is not permitted to sell pizza for
consumption on the premises. Table/seats shall not be
provided for on-site consumption.
18. PARKING •
The applicant shall either restripe the parking lot to
comply with the City Parking Requirements prior to
opening the business or limit the number of employees
. per shift to six people, including both on-site and
off-site employees.
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CITY OF CUPERTINO •
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• City Hall, 10300 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
WHHREASv the applicant has met the burden of proof retui:red 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
accomodate the proposed use.
c. That the proposed use is otherwise not detrimental to the
411.
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
neighborhood.
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 •
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 approved and adopted, and that
the' Secretary be, and is hereby directed to notify the parties affected
by this decision.
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Planning Commission Resolution No. 2650 (Continued) 19-U-85
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411 19. DELIVERY VEHICLES •
Delivery vehicles shall not be driven or parked. in the
rear • parking area (area north of building) between
10: 00 p. m. and midnight. At all other times, the
commercial delivery vehicle shall be parked at the rear
of the store.
2t7. FUTURE INGRESS/EGRESS EASEMENTS •
The applicant shall sign an agreement to participate in
a reciprocal access easement with the adjoining property
owner (s) when said owner (s) are obligated to
property
participate in a similar agreement.
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PASSED AND ADOPTED this 10th day of June, 1985, at a regular
meeting of , the Planning Commission of the City of Cupertino,
State of California, by the following roll call vote:
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AYES: Commissioners Adams, Mackenzie, Sorensen,
Vice Chairman Szabo
NAYS: None
ABSTAIN: None
® ABSENT: Chairman Claudy
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ATTEST: APPROVED: •
1sLJanes H. Sisk • __is/Nicholas Szabo
James H. Sisk • Nicholas Szabo, Vice-Chairman
Planning Director. Planning Commission •