U-1985-24b 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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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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• 24-U-85
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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) .
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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.
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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