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Reso 2668 • • • • 24-U-85 • RESOLUTION NO. 2668 (Minute Order) 41, OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO • RECOMMENDING THE DELETION OF STANDARD CONDITIONS OF APPROVAL AND SPECIAL CONDITIONS OF APPROVAL REGARDING COMPLIANCE WITH THE STEVENS CREEK BOULEVARD SIDEWALK STANDARDS IN THE CASE OF USE' PERMIT APPLICATION 24-U-85 (DOMINO'S PIZZA IN PORTAL PLAZA SHOPPING CENTER) . 1 The Planning Commission determined that the imposition of Conditions of Approval related to street (sidewalk) improvements would result in a de facto denial for the use permit. The determination was based upon a statement by the applicant that ' "the property owner would not lease space if a use permit . approval condition resulted in an expense not paid by the applicant". The Commission determined that the application of sidewalk improvement requirements as applied to the 1,500 sq. .ft. space could not be economically justified. The Planning Commission determined that the home delivery pizza business was a beneficial service to the community and that the burden of upgrading the Portal Plaza Shopping Center should not be borne by a small leaseholder. The Commission further determined that major improvements to the Center would be imposed when the former Standard Oil Station site (corner of Portal Avenue and Stevens Creek Boulevard) is developed. • • PASSED AND ADOPTED this 22nd day of July, 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, Mackenzie, Sorensen, Szabo, Chairman Claudy NAYS: None ABSTAIN: None • ABSENT: None ATTEST: APPROVED: /s/Robert Cowan is/John Claudy Robert Cowan John Claudy, Chairman • Planning Director Planning Commission