U-1992-01bCites of Cuperti"O
10300 Torre Avenue P.O. Box 580
Cupertino. CA 95014-3255 Cupertino, CA 95015.0580
1408)252.4505
FAX: (408) 252-0753
CMC6 Qt ME CITY CLEM
July 22, 1992
Jack In She Hax/ioodmaker, Inc.
2395 American Avneue
Hayward, California 94545
CITY COUNCIL ACTION - APPLICATICNS NO. 1-U-92 AND 1-EA-92 - JACK IN THE
BOX - USE PERMIT TO LEMOMSH AN EXISTIM BUIIDING AND CONSTRUCT A NEW
2,600 SQ. FT. FAST FOOD RESTAIMAN; THE PRAY IS IACAMD AT 20803
STEVENS CREEK BOUIEVARD
At their regular meeting of July 20, 1992, the Cupertino City Council
denied your application per Planning Cmmi-ssion Resolution No. 4413.
If you have any questions regarding this action, please contact the
Department of cmrmity Development staff members for clarification.
Sincere
DORO'IHY
jL
CITY CLERK
cc: Department of C=mu ty Development
Deparb:ffi!tt of Public Works
Richard 5 Anita Messina Rey Mojica.
721 N. Capitol Ave. Jack In The Box
San Jose, CA 95133 2395 American Avenue
Hayward, California 94545
1-U-92
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOUMON No. 4413
OF THE PLANNING CUOUSSION OF THE CITY OF CUPEXMM
RDOCI4M MING DENIAL OF A USE PER41T TO DEMOLISH AN E srmG BUILDING AND
CONSTRUCT A NEW 2848 SQ. FT. FAST FOOD RESTAURANT
S37TIM I. FINDINCs
WFiMEAS, the Planning Ccumnission of the City of Cupertino has received an
application for a Use Permit, as described on Page 2 of this Resolution; and
WHEREAS, the necessary notices have been given in accordance with the
procedural Ordinance of the City of Cupertino, and the Planning Commission has
held one or more Public Hearings on this matter; and
WHEREAS, the applicant has failed to meet the burden of proof required to
support this application, and has not satisfied the following requirements:
1) That the property involved is adequate in size and shape to accommodate
the proposed use and that the site is designed to provide an adequate
amount of parking.
2) That the proposed use will not generate levels of traffic over and
beyond that of the capacity of the existing street system. Further, the
use fulfills a community wide objective which supports a goal expressed
in the General Plan or constitutes a special cultural, social, or
historical benefit to the City.
That after careful consideration of maps, facts, exhibits, testimony and other
evidence submitted in this matter, the application for Use Permit is hereby
recommended for denial by the City Council of the City of Cupertino; and
BE IT FUREH R RESOLVED
That the .subconclusions neon which the findings specified in this Resolution
are based are contained in the Public Hearing record concerning Application
1-U-92 .as set forth in the Minutes of the Planning CmumiQsion meeting of July
13, 1992 and are incorporated by reference as though fully set forth herein.
r
Resolution No. 4413 (1-U-92) 07/13/92
Page -2-
PASSED AND ADOPTED this 13th day of July 1992, at a Regular Meeting of the
Planning cm=ission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: cmmssiamts:
NOES: CC14.nSSIONFRS:
ABSTAIN: ccmKESSION RS:
ABSENT: OCmmssIONERS:
ATTEST: APPFDV D:
Isl g—obez - Cowan
Robert Cowan
Director of p=MZitY Development
peresos\1u92d
Isl Daryl Fazekas
Daryl Fazekas, Chairmen
Cupertino Planning Ommission
Cites of CNperti io
10300 Torre Avenue PQ Ba, S80
Cupertino, CA 95014-3255 Cupertino, CA 9501545M
Telephone: (408) 2524505
FAX: (400) 252-0753
May 7, 1992
Rey Mojica
F)oodmaker, Inc.
2395 American Avenue
Hayward, California 94545
CITY COUNCIL ACTION - APPLICATION NO. 1-U-92 AND 1-EA-92 - M= IN = BmL
- USE PER14rT TO DRIOUSH AN MaSTING BUIEDU G AND C CNSI2=r A NEW 2,600
SQ. FT. FAST FOLIO RESTAURANT; PRCPFRPY IS LOOM D AT 20803 STEVENS CREEK
BOULEVARD
At their regular meeting of May 6, 1992, the Cupertino City council
continued consideration of your application to their meeting of J1me
1,1992.
If you have any questing regarding this action, please contact the
D%Mtzment of Cammuiity Development staff members for clarification.
Sincerel
CW
CITY CLERK
DC/Cs
cc: Department of Community Development
Department of Public Works
Stevens Creek Office Center Assoc. Richard and Anita Messina
Attn: John Volckmann 721 N. Capitol Ave.
20863 Stevens Creek Blvd. San Jose, CA 95133
Cupertino, CA 95014
1-U-92
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4403
OF ME PLANNING =1MISSION OF T11E CITY OF cLxn�No
RE=14EXDM DRTM OF t PEMnT TO DEMOLISH AN EXISrn4G BUIWunAND
CONSMXT A NEW 2848 S• •• • REgMRAM
S=aIuDI.__
WHEREAS, the Planning Commission of the City of Cupertino has received an
application for a Use Permit, as described on Page 2 of this Resolution; and
4d-mms, the necessary notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has
held one or more Public Hearings on this matter; and
VdiEREAS, the applicant has failed to meet the burden of proof required to
support this application, and has not satisfied the following requirements:
1) That the use or uses are in conformance with the General Plan and are
not detrimental to existing uses specifically permitted in the zone in
which the proposed use is to be located.
2) That the property involved is adequate in size and shape to accommodate
the proposed uses and that the site is designed to provide an adequate
amount of parking.
3) That the proposed uses will not generate levels of traffic over and
beyond that of the capacity of the existing street system. Further, the
use fulfill a community wide objective which supports a goal expressed
in the General Plan or constitutes a special cultural, social, or
historical benefit to the City.
• 1- •i• • a:• »
That after careful consideration of maps, facts, exhibits, testimony and other
evidence submitted in this matter, the application for Use Permit is hereby
recounended for denial by the City Council of the City of Cupertino; and
BE rr FtEW] R RESOLVED
That the subconclusions upon which the findings specified in this Resolution
are based are contained in the Public Hearing record concerning Application
1-U-92 as set forth in the Minutes of the Planning Ctmmissicn meeting of April
13, 1992 and are incorporated by reference as though fully set forth herein.
Resolution No. 4403 (1-U-92) 04/13/92
Page -2-
PASSED AND ADOPTED this 13th day of April 1992, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: C=C[ssjcNE S: Austin, Mackenzie, Mahoney, Mann and airman Fazekas
NOES: CLMIISSICNERS: Nome
ABSPAIN: CC1MIIS.SICTERS: None
ABSENT: CQTMIISSICN RS: None
ATTEST: APPROVE:
1s/ Robert Conran
Robert Conran
Director of Oartnudty Development
peresos\1u92d
Js/ Daryl Fazekas
Daryl Fazekas, Qkaisman
Cupertino Planning Commission
�J
10300 Torre Avenue
Cupertino, CA 95014.3255
Telephone: (4081 252.4505
FAX: (4081 252.0753
April 22, 1992
Cit4 of cwp""o
Jack In Me Box/Fbodmaker, Inc.
2395 American Avenue
Hayward, California 94545
P.O. Box 580
Cupertino, CA 9SO15.OSBO
CITY OODPACM ACPICH - APPLICATION NO. 1-U-92 AND 1-EA-92 -- JACK ICJ =
BOX - USE PERMIT 10 DFSX MI AN EXISTING BUILDING AMID CONS18 = A NEW
2,600 SO. FT. FAST FOOD RES%VBAW; THE PR.0PERTY IS LOCATED AT 20803
STEVENS CREEK BOULEVARD
At their regular meeting of April 20, 1992, the Cupertino City Coqjncil
continued consideration of your application to their next regular meeting
Of May 4, 1992.
If you have any questumm regarding n-g this action, please contact the
Department of Com mity Development-
Sincerely
DORfJIIiY CLII75, CMC
CITY CLERK
cc: Department of Community Development
Department of Public Forks
Richard and Anita Messina
721 N. Capitol Ave.
San Jose, CA 95133
Rey Mojica
Foodmaker, Inc.
2395 American Avenue
Hayward, California 94545