Reso 6098 20-U-99(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6098 (Denial)
OF THE PL,ANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A USE
PERMIT MODIFICATION FOR AN EXISTING RESTAURANTBAR FACILITY LOCATED
AT 1655 SOUTH DE ANZA BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: 20-U-99(M)
Applicant: Al-Lien Wang (San Wang Restaurant)
Location: 1655 South De Anza Boulevard
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 Planning Commission finds that the existing, approved operating hours are best
suited at this time for a restaurant use, given the level of information the Commission has; and
WHEREAS, the proposed parking prohibition plan designed to protect the residential
neighborhood from late night disturbances is not workable; and
WHEREAS, the applicant has a long record of being a difficult neighbor and violating City
codes;
WHEREAS, the applicant has not met the burden of proof required to support said application;
and
WHEREAS, the Planning Commission finds that the application does not meet the following
requirements:
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; and
WHEREAS, the Planning Commission does not have a full understanding of the present
operation since the bar has been closed to determine if the effects of a bar with later operating
hours with have an injurious effect. The Commission will entertain a future application when the
applicant develops a longer record of being a good neighbor to adjacent residents and lines of
communication between the City, neighbors and applicant.
Resolution No. 6098 (Denial) 20-U-99(M) 07/09/O1
Page 2
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 denied; 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 20-U-99(M), as set
forth in the Minutes of the Planning Commission Meeting of July 9, 2001, are incorporated by
reference herein.
PASSED AND ADOPTED this 9 th day of July 2001, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Auerbach, Patnoe and Chairperson Kwok
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chen and Corr
ATTES : APP VED:
,
.
Steve Piasec i atrick Kwok, Chairperson
Director of Community Development Cupertino Planning Commission
g: p lanning/pdreportlres/20u99(M)