CC Resolution No. 4345 . ~ •
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RESOLUTION N0. 4345
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
UPHOLDING THE APPEAL~~BY COUNCILMAN JACKSON OF APPLICATION
20-U-76, EFFECTING A DENIAL OF SAID APPLICATION
WHEREAS, the City of Cupertino received a use permit application for a free-
standing Mexican restaurant by Taco Charley, Iiic., labeled "application 20-U-76":
WHEREAS, the City Council of the City of Cupertino received an appeal by
Councilman Jackson of the decision by the Planning Commission concerning application
20-U-76: ~
WHEREAS, the City Council has held one public hearing on December 6, 1976 to
consider the merits of the appeal:
WHEREAS, the City Council finds that application 20-U-76 does not meet the
required f indings necessary for approval of a use permit as stated in Section
6.3 of Ordinance No. 652 and restated below:
(a) That the use or uses are in conformance with the general plan and is not
detrimental to existing uses or to uses specif ically 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 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 prc~perty and improve-
ments in the neighborhood.
WHEREAS, the City Council makes the following subconclusions in support of
the finding that application 20-U-76 does not fulf ill the above stated findings
required for approval of a use permit:
1. The proposed use is in conflict with the goals of the City of Cupertino,
enunciated in Goals of Cupertino, adopted by the City Council on March
29, 1972, which formed the basis for the goals and policies of the
General Plan. The goals in question are stated below:
Community Design Plan
GOAL I To adhere to the principles of a viable
General Plan which reflects the needs of
the community
Policy 7 The City should take a more active role in
determining the use of the land; Incentives
designed to encourage high-quality use of
the land within the frame work of the Gen-
eral Plan should be available.
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GOAL II To make land use decisions only after careful
assessment of the social, enviromental and
economic impact - both long range and short
term
Policy 18 Industrial and commercial development should
be situated in well-planned, properly located,
clustered areas to effect more harmonious,
convenient and efficient usage of the land.
2. The proposed use constitutes an undesirable proliferation present and
prospective, of fast food franchises and strip commercial development.
3. The proposed use will be detrimental to the existing uses or to other
uses permitted in the surrounding general commercial zoning district
and may be directly injurious to property and/or_improvements in the
neighborhood.
4. It is the experience of the City Council that uses of this nature
generally attract and generate relatively high volumes of pedestrian and
vehicular traffic which may tend to discourage low intensity general
commercial uses from locating in the surrounding undeveloped area.
5. The City Council has observed that uses of this type tend to attract
similar high intensity users to the immediate surrounding area which
uses may cumulatively over-impact the on-site and off-site traffic,
pedestrian and bicycle circulation capabilities of the public and
private street system in the area. This problem is complicated by the
close proximity of Homestead High School and the utilization of Home-
stead Road for pedestrian, bicycle and vehicular access to the high
school site. Also, concentrations of large numbers of automobiles and
people utilizing take-out fast-food services tend to add to the potential
accumulation of litter in the neighborhood. The potential for litter and
high generation of traffic and people may discourage coordinated and
integrated high quality development from locating on the surrounding un-
developed property in the area. The cumulative effect of these impacts
may tend to undermine the property values and potential for public and
private improvements in the surrounding undeveloped property.
6. The Council finds the proposed use is freestanding and strip commercial
in nature and will tend to diminish the potential for coordination and
integration with existing and future uses in the area.
7. The property involved being originally subdivided while under the legal
jurisdiction of the County of Santa Clara is of an illogical shape and
size to accommodate a relatively high volume traff ic generating general
commercial use. Typically, fast-food restaurants .of the type proposed
in this application are relatively high volume traffic generating uses
for which integration and coordination with a planned commercial develop-
ment is necessary to mitigate traffic impacts.
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NOW, THEREFORE, BE IT RESOLVED that after careful consideration of maps,
~ facts, exhibits, testimony from the applicant and property owner, and other
evidence submitted in this matter, the City Council hereby upholds the appeal
of application 20-U-76 and effectively denies the request for a use permit, and
BE IT FURTHER RESOLVED that the report of findings attached hereto is
approved and adopted, and that the City Clerk be and is hereby directed to
notify the parties affected by this decision.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 21st day of December , 1976, by the following vote:
Vote Members of the City Council
AYES: Jackson, Nellis, 0'Keefe, Meyers
NOES: Frolich
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Robert W. Meyers
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
City Clerk
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