Reso 6092 09-U-69(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6092
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE
PERMIT FOR AN EXISTING BAR FACILITY LOCATED AT 10095 SAICH WAY
SECTION I: PROJECT DESCRIPTION
Application No.: 09-U-69(M)
Applicant: Darlene Lutz
Property Owner: Richard Messina
Location: 10095 Saich Way
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit Modification, as described in this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission has determined that the proposed use properly
conditioned in this use permit:
1) Will not be detrimental or injurious to property or improvements in the vicinity, and will not
be detrimental to the public health, safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and purpose of this title.
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 Modification is hereby approved, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application 09-U-69(M), as set
forth in the Minutes of the Planning Commission Meeting of June 11, 2001, are incorporated by
reference herein.
Resolution No. 6092 09-U-69(M) 06/11/O1
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. PERMITTED HOURS OF OPERATION
The permitted hours of operation are: Sunday through Thursday from 5:00 p.m. to 12:00 a.m.
On Friday and Saturday the permitted hours of operation are 5:00 p.m. to 2:00 a.m.
2. SERVER INTERVENTION PROGRAM
The applicant shall operate a server intervention program including the following:
• Training employees to identify patrons not able to drive due to intoxification.
• Free rides home in a taxi or van, or other personal vehicle for any individual who is
identified as being unable to drive or who requests transportation due to intoxification.
3. ENTERTAINMENT
Juke box, darts and pool table only. No live entertainment shall be permitted.
4. ABC LICENSE
The applicant shall obtain any and all licenses/approvals as required from the State of
California Department of Alcohol and Beverage Control.
5. LEASE AGREEMENTS
Future lease agreements shall be reviewed and approved by the City Attorney to ensure all
conditions of approval are detailed and known to any subsequent operator.
6. DRINK PROMOTIONS
No drink promotions shall be permitted including "happy hours," discounted prices for
drinks, etc.
7. NOISE
• Exterior doors: All exterior doors shall be self-closing doors and shall not be propped
open during use of the facility.
• Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirming that the noises are generated by uses
in the building, may limit the operational hours of the uses within the building and/or
may require a Noise Management Plan to be submitted by the applicant consisting of an
acoustical study by a qualified acoustical engineer for recommendations to attenuate the
noise. The Noise Management Plan shall require implementation of the mitigation
measu:es as determined in the acoustical study to comply with the noise conditions as
herein included in these Conditions of Approval. Actions by the Community
Development Director may be appealed to the Planning Commission, but the reduced
hours for the facility shall be effective immediately upon notification by the Community
Development Director.
Resolution No. 6092 09-U-69(M) 06/11/O1
Page 3
• Nighttime Exiting: Occupants of the building during the nighttime hours after 9:00 p.m.
shall be required to exit the building from the main entrance located on the East side of
the facility.
8. OUTDOOR SEATING
No outdoor seating shall be permitted for the use of this facility.
9. NUISANCE
If police problems exist (including but not limited to assaults, narcotic violations, driving
under the influence of alcoholic beverages, disturbances, etc) the Planning Commission shall
review the use permit for added conditions or revoke the permit.
PASSED AND ADOPTED this 11`�' day of June 2001, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Auerbach, Chen, Corr, Patnoe and Chairman Kwok
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATT . PRO D:
� �
Ste e Piasecki atrick Kwok, Chairperson
Director of Community Development Cupertino Planning Commission
g:planning/pdreport/res/09-U-69(M)