Drive-Through Restaurant Plan Blocked

Plans for a McDonald’s restaurant with a drive-through lane on the San Jose-Cupertino border suffered a setback Tuesday when the San Jose City Council rejected a conditional use permit for the project.

The proposed eatery, located on Miller Avenue near Bollinger Road, has met with opposition from some nearby residents because of its drive-through lane and close proximity to nearby Hyde Middle School in Cupertino.  

Just last week, more than 100 people took to the street with picket signs to protest the project. They cited concerns about health and safety issues associated with the drive-through and additional traffic that may impact the school. 

Among the protestors was Dale Jones, Executive Director of Discovery Charter. Jones is also a former administrator at several schools in Cupertino Union School District. Other protestors included parents and students from nearby schools including McAuliffe and Faria elementary schools, Hyde Middle School and Cupertino and Lynbrook high schools. 

Earlier this year, the San Jose Planning Commission denied developers a permit for the 3,911-square-foot restaurant and drive-through which would be build on an empty corner of the Orchard Park Shopping Center. Developers appealed that decision to the City Council.   

In anticipation of a March 28 public hearing on the project, nearby Cupertino and San Jose residents gathered more than 780 signatures on a petition to oppose the drive-through project. The group gave the petition to San Jose District 1 Councilman Pete Constant. 

At Tuesday’s City Council meeting city staffers recommended that the council uphold the planning commissioner’s permit denial.

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