Reso 2811 APPLICATION: 13-U-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2811
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO OPERATE A
YOGURT/SOFT DRINK SHOP WITH INDOOR SEATING AND TAKEOUT SERVICE
AT AN EXISTING COMMERCIAL CENTER
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SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant(s) has met the burden of proof required to support
said application; and
WHEREAS, the Planning Commission finds that the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and are not detrimental to existing uses or to
uses specifically 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
property and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
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 approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
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RESOLUTION No. 2811 (13-U-86) 06/09/86
Page - 2 -
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 13-U-86 as set forth in the Minutes of the Planning
Commission Meeting of June 9, 1986, and are incorporated by reference as
though fully set forth herein.
SECTION II: APPLICATION DESCRIpTiON
Application No. 13-U-86
Applicant: Yogurt Delite
Property Owner: Hunter Properties
Location: Southwest corner of De Anza Boulevard and
McClellan Road
SECTION III: COND1'1'1ONS
1) APPROVED EXHIBU.S
The recommendation of approval is based on Exhibit A of Application
13-U-86 except as may be amended by the conditions enumerated herein.
2) USE LIMITATIONS
The yogurt/soft drink service take-out and on-premise dining
establishment authorized under this use permit shall be subject to the
following limitations:
a) Business hours shall terminate at or before 12:00 midnight daily.
b) Applicant shall be limited to two (2) employees per shift.
c) Applicant shall not provide more than six (6) seats for customer
dining within the tenant space. No outdoor tables and chairs shall
be provided.
3) USE PERMIT REVIEW
The Planning Commission shall retain the opLion to review the business
activity authorized under this Use Permit at any time within the first
twelve (12) months of the effective date of said Use Permit to ensure
compliance with conditions of approval and with the conditions of
approval for Use Permits 23 U-85 and 43-U-85. Said review shall be
conducted as an Unfinished Business agenda item after notification of
the applicant and property owner.
RESOLUTION No. 2811 (13-U-86) 06/09/86
Page - 3 -
PASSED AND ADOefLU this 9th day of June, 1986, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: SSIONERS: Sorensen, Adams, Claudy, Mackenzie, Chr. Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
/s/ Robert Cowan /s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission