Reso 6257 U-2004-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6257
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
' APPROVING A USE PERMIT FOR A RESTAURANT WITH A SEPARATE BAR IN A
COMMERCIAL SHOPPING CENTER.
SECTION I: PROTECT DESCRIPTION
� Application No(s): U-2004-11
� Applicant: Scott Windle (Elephant Bar)
Location: 19780 Stevens Creek Boulevard
�
SECTION II: FINDINGS FOR USE PERMIT
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
I Cupertino Comprehensive General Plan and the purpose of this title.
( NOW, THEREFORE, BE IT RESOLVED:
I 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
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No. U-2004-11,
as set forth in the Minutes of the Planning Commission Meeting of July 12, 2004, and are
incorporated by reference as though fully set forth herein.
� Resolution No. 6257 U-2004-11 July 12, 2004
Page 2
' SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is granted for a restaurant with a separate bar at 19780 Stevens Creek
Boulevard, based on Sheets C1.0 and AD2.0.
2. TRASH DISPOSAL/SERVICE DOORS
The applicant/operator shall not store or keep any trash bins, trash bags or refuse of any
kind outside of the building and shall dispose of all trash in an approved trash receptacle
on the site. The applicant shall work with staff to install landscaping to screen access to
and from the service doors located along the west side of the building.
' 3. 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 these fees, dedications, reservations, and other exactions, pursuant to
Governinent 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 12� day of July 2004, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
� AYES: COMMISSIONERS: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati
NOES: COMMISSIONERS:
' ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chen
ATTEST: APPROVED:
, �'"
.
�
, , ,
Ste Piasecki T ' a�cia , Chairperson
Director of Community Development upertino Planning Commission