Reso 6261 M-2004-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6261
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION TO ALLOW
VALET PARKING AT AN EXISTING RESTAURANT, 10690 NORTH DE ANZA
BOULEVARD
` SECTION I: PROTECT DESCRIPTION
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Application No.: M-2004-05
Applicant: Mark Lavoie for BJ's Restaurant
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Location: 10690 North De Anza Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Modification of a Use Permit, as described in Section II 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 valet parking, 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.
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NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. M-2004-05 is hereby approved; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Resolution No. 6261 M-2004-05 August 9, 2004
Page 2
Application M-2004-05, as set forth in the Minutes of the Planning Commission Meeting
of August 9, 2004, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the valet parking plan for BJ's Restaurant labeled as Exhibit D,
except as may be modified by the conditions contained in this resolution.
2. MARIANI AVENUE DRIVEWAY
In implementing its valet parking plan, the applicant shall not obstruct motorists
from entering or leaving the site via Mariani Avenue.
3. VALET PARKING PLAN MODIFICATIONS
Applicant shall work with Community Development and Public Works
Departments to continue to refine and improve its valet parking plan, which shall
� include, but not be limited to the following items:
a. Applicant shall not obstruct the bike lane or vehicle lane of De Anza
Boulevard.
b. Applicant shall obtain an encroachment permit from the Public Works Dept.
for its traffic-channeling plan.
c. Applicant shall seek to locate self-park areas as close to the front of the
parking lot as possible.
d. Applicant shall diminish valet parking if parking demand decreases.
e. The handicap stalls shall remain available to self-parking at all times.
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4. 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 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.
i Resolution No. 6261 M-2004-05 August 9, 2004
Page 3
PASSED AND ADOPTED this 9th day of August 2004, 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:
I ABSENT: COMMISSIONERS:
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ATTEST: APPROVED:
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Ste Piasecki Tag dati, Chairperson
Director of Community Development Cu ertino Planning Commission
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� G: � Planning � PDREPORT � RES � M-2004-05 res.doc
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