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RESOLUTION NO. 1640
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
11111 RECOMMENDING DENIAL OF A USE PERMIT TO ALLOW A TAKE-
OUT FOOD FACILITY IN A GENERAL COMMERCIAL ZONING
DISTRICT.
APPLICANT: Michael T. Cobler (Togo's Eatery)
ADDRESS: 4452 Little Meadow Ct. , San Jose, California 95129
SUBMITTED: December 21, 1976
LOCATION: Northeast corner of the intersection of Richwood Drive and East
Estates Drive.
FINDINGS:
1. While the use is in conformance with the general intent of the General Plan,
it is expected that it will be detrimental to existing uses specifically
permitted in the zone in which the proposed use is to be located.
2. The property involved is inadequate in size and shape to accommodate the
proposed use.
3. That while the proposed use will not necessarily generate a level of
traffic over and beyond the capacity of the existing street system, it can
be expected that the use may severely disrupt the traffic flow in the
neighborhood during the noon hour and possibly other periods of the day.
4. For the above reasons, it is concluded that the use will be detrimental
to the health, safety, peace, morals and general welfare of persons resid-
ing or working in the neighborhood and may be directly injurious to property
and improvements in the neighborhood.
SUBCONCLUSIONS:
1. That the existing site can accommodate only a maximum of sixteen (16)
vehicle parking spaces which although it meets the technical requirement
of the parking ordinance is not expected to adequately accommodate the
expected demand for parking generated by this facility. This subconclusion
is based upon observations of existing take-out facilities located in the
City of Cupertino, and evidence collected from an analysis of the noon
time demand for parking at the existing Togo's Restaurant located on
Campbell Avenue in Campbell, California.
2. The Commission finds that the use may be detrimental to the surrounding
community as any expected overflow of parking attracted to this site
will undoubtedly locate in the surrounding commercial businesses and/or
the residential area to the south.
3. In addition to the above, in support of the finding that the property
involved is of inadequate size and shape to accommodate the proposed use,
the Commission finds that based on the site plan submitted the required
parking and vehicular circulation area uses up most of the site not devoted
to building. It is apparent that the site itself cannot accommodate any
improvements in landscaping to either screen or add aesthetic interest to
this corner.
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27-U-76
Resolution No. 1640 (continued)
PASSED AND ADOPTED this 10th day of January, 1977, at a regular meeting of
the Planning Commission, City of Cupertino, State of California, by the
following roll call vote:
AYES: Commissioners Blaine, Gatto, Koenitzer, Chairman Adams
NAYS : None
ABSTAIN: None
ABSENT: None
APPROVED:
Victor J/ Adams, Chairman
Planning Commission
ATTEST:
>eLL:a1(
James H. Sisk
Planning Director
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