Reso 6237 U-2004-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6237
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW A KARAOKE
LOUNGE AND A SHARED PARKING PLAN AT THE OAKMONT SQUARE.
SECTION I• PROTECT DESCRIPTION
Application No.: U-2004-02
Applicant (s): Etsuko Kuromiya (Wayne Gong)
Property Location: 19990 Homestead Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section I of this Resolution; and
WHEREAS, the necessary public 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 met the burden of proof required to support said
application; and has satisfied the following requirements:
1. The proposed use, at the proposed location, 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 General Plan and the 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, application no. U-2004-02 is hereby recommended for
approval; 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 U-2004-02, as set forth in the Minutes of the Planning Commission Meeting
of Apri112, 2004 and are incorporated by reference herein.
Resolution No. 6237 U-2004-02 Apri112, 2004
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheet P-1.1 titled "Gamba Karaoke @ Oakmont Square Center"
except as amended by this resolution.
2. CLOSING HOUR
The operation may run during normal commercial business hours. The closing time
shall be 11 pm.
3. INTERIOR CONDITIONS
All lounge rooms shall have windows, which shall provide clear and unobstructed
views into the room at all times. The windows shall be located on doors and on
walls as shown in the plan set. The minimum window size on the interior doors is
24" x 24". The intent is to have as much as the room visible from the hallway as
possible. Control of lighting in the lounge rooms shall be restricted in such a way
that clients cannot dim or turn off lights. Studio doors may not be locked from the
inside. Room 4 shall be used as a storage room.
4. ALCOHOL
No alcohol shall be allowed within the tenant space. This includes on-site sale of
alcohol, or patrons bringing alcohol in from off-site.
5. KARAOKE PARKING RATIO
The parking ratio for the karaoke use shall be 1 space for every 4 occupants in the
entire tenant space. Six months after the karaoke studio opens, the Director of
Community Development will review data collected by the property owner
concerning the appropriateness of the karaoke parking ratio, and if necessary, adjust
( the ratio. If additional parking is needed, the project will be brought back to the
Planning Commission.
I 6. SHARED PARKING PLAN
� A shared parking plan is approved for this site based on Table 19.100.040 C of the
Cupertino Municipal Code, using Condition 3 as the determinant of the parking
'i standard for the karaoke use. At the six-month review of the parking situation, the
Director of Community Development may amend or eliminate this shared parking
� plan.
7. SHERIFF APPROVAL
The Sheriff's Department shall approve the tenant improvement plans prior to
issuance of building permits.
Resolution No. 6237 U-2004-02 Apri112, 2004
' Page 3
� 8. PATRON BEHAVIOR
The Planning Commission reserves the right to review this use permit at any time
; based on complaints or reports concerning the behavior of patrons of this use.
9. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written notice
� of a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
, approval period in which you may protest �hese fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 12th day of Apri12004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
�
AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and
Chairperson Saadati
` NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVE .
�,:
�
.
Steve iasecki Ta adati, Chairperson
Director of Community Development Cupertino Planning Commission
i
I G: � Pla�irting� PDREPORT� RES � U-2004-02 res.doc