CC Resolution No. 4874 ~ ~ ~
~ RESOLUTION NO. 4874
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO REVERSING THE ACTION OF THE PLANNING
COMMISSION IN GRANTING A USE PERMIT TO CONSTRUCT
AND OPERATE A FAST-FOOD, TAKE-OUT RESTAURANT
[(21-V-76 (BURGER KING CORPORATION)].
RECITALS:
(a) On November 13, 1978, the Planning Commission of the City
of Cupertino adopted its Resolution No. 1898, granting a use permit
to construct a fast-food, take-out restaurant consisting of approx-
~ imately 3,700 square feet with outdoor seating facilities [(Use
Permit Application 21-V-78 (Burger King Corporation)];
, (b) On November 16, 1976, James E. Jackson filed in writing
with the City Clerk of the City of Cupertino an appeal of the
granting of said use permit;
(c) The City Clerk thereafter, within the times prescribed by
ordinance, scheduled a hearing of the appeal before the City Council,
to be heard on December 4, 1974, and caused a notice of said hear-
ing to be published in the Cupertino Courrier, a newspaper of general
~ circulation within the City of Cupertino;
(d) On December 4, 1974, the City Council heard said appeal.
A representative of the applicant was present and was heard. Other
evidence, including maps, facts, and exhibits, was also received
and considered by the City Council;
(e) At the conclusion of the hearing, and after deliberation
and discussion, the hearing was continued, and the City Attorney
was directed to prepare an appropriate resolution reversing the
action of the Planning Commission in granting the use permit, for
adoption by the City Council on January 2, 1979;
(f) On January 2, 1979, the matter, at the request of the appli-
cant, was continued to January 15, 1979;
(g) On January 15, 1979, Attorney Robert Dempster appeared on
behalf of the applicant, and it was voted unanimously to reconsider
the matter, and to continue it to February 5, 1979; and,
(h) On February 5, 1979, the matter was given further consider-
ation.
WHEREAS, the City Council now finds:
(a) That the proposed use will be detrimental to existing uses
permitting in the zone in which the proposed use is to be located;
(b) That the proposed use is detrimental to the health, safety,
~ ~ ~
,
I peace, and general welfare of persons residing or warking in
' the neighborhood, as well as injurious to property improvements
~i in the neighborhood.
WHEREAS, the City Council further finds (by way of subcon-
clusions):
~I (a) That the proposed use will create additional traffic
I congestion on the City's busiest street (De Anza Boulevard), near
I its busiest intersection (De Anza Boulevard and Stevens Creek
Boulevard);
(b) That the additional traffic congestion will result, not
only from the high traffic generated by the proposed use, but
i by the large number of curb cuts required to accommodate ingress
i and egress to and from the site of the proposed use;
i
I (c) That the additional traffic congestion is further compounded
by the proximity of the site of the proposed use to other hiqh
traffic generating uses; and,
(d) That the additional traffic congestion will cause addition-
al air pollution, noise and public safety problems.
NOW, THEREFORE, BE IT RESOLVED:
That after careful considerati~n of maps, facts, exhibits, and
other evidence submitted in this matter, the action of the Plan-
ning Commission in granting the use permit hereinabove described
is hereby reversed; and,
BE IT FURTHER RESOLVED:
That the aforementioned findings, includinq sub-conclusions, be
approved and adopted, and that the City Clerk be, and is hereby ~
directed to notify the parties affected by this decision.
PASSED AND ADOPTED this 5th day of February, 1979, at a regular
meeting of the City Council of the City of Cupertino, State of Cal-
ifornia, by the following roll call vote:
I
i AYES: 0'Kecfe, Rogers, Jackson
, NAYS: Meyers, Sparks
ABSTAIN: None
ABSENT: None
APPROVED:
-
, Mayor of the City of Cupertino
ATTEST:,. ,
i ~ ~ l
~;.~"f~ , ~'-£r~• L't.o~ .
i City Cler , Accing