Reso 2667 24-U-85
RESOLUTION NO. 2667
OF THE PLANNING COMMISSION OF THE CITY OF CUPERT I ND
RECOMMENDING APPROVAL OF A USE PERMIT TO ❑PERATE A
TAKE-OUT AND DELIVERY PIZZA BUSINESS.
APPLICANT: Bruce Terry and Steve Buxa (Domino's Pizza)
ADDRESS: 202 Calvert Drive #176, Cupertino, California 95014
SUBMITTED: June 12, 1985
LOCATION: Portal Plaza Center on the North Side of Stevens
Creek Boulevard approximately 400 ft. east of
Portal Avenue
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of July 22q 1985.
CONDITIONS:
1 . APPROVED EXHIBITS
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That the recommendation of approval is based on Exhibits
A, A-1 and A-2 of Application 24-U-85 except as may be
amended by special conditions enumerated herein.
�. APPROVED USE
Approval to operate a take-out and delivery pizza
business without seating or food consumption on the
premises. Approved hours of operation are from 11: 00
a. m. to 12:00 midnight Sunday through Thursday and 11:00
a. m. to 1 : 00 a. m. on Fridays and Saturdays.
3. VEHICULAR BARRIER
The vehicular barrier on the east end of the service
alley is to be maintained in a safe, ef-fective manner.
If the City receives further complaints concerning
bicycles and motorcycles using the alley, the applicant
shall install a more effective barrier subject to staff
review and approval .
4. DELIVERY TRUCKS
Pizza delivery trucks are prohibited from using the
service alley.
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CITY OF CUPERTINO
City Hall, 10300 Torre Avenue 410
Cupertino, California' 95014
Telephone: (408) 252-4505
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 of proof required 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 ilses 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 a level of traffic
over and beyond that of the capaci of the existing street
system.
d. That the proposed use is otherwise not detrimental to the
health, safety, peace, morals and eneral welfare of persons
residing or working in the neighborhood of such proposed use
nor injurious to property and improveLaents 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 IT FURTHER RESOLVED:
That the aforementioned findings be approve 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. 2667 (cont'd) 24-U-85
PASSED AND ADOPTED this 22nd day of July, 1985, at a regular
0 meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll-call vote:
AYES: Commissioners Adams, Mackenzie, Sorensen, Szabo,
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Chairman Claudy
NAYS; None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/Robert Cowan j sLJohn ClaudX
Robert Cowan John Claudy, Chairperson
Planning Director Planning Commission
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