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Reso 6272 M-2004-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6272 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION OF TO A USE PERMIT TO ALLOW LATE NIGHT OPERATIONS FOR A KARAOKE STUDIO AND DENYING A REQUEST TO CONVERT A STORAGE ROOM INTO A STUDIO ROOM IN A COMMERCIAL SHOPPING CENTER. SECTION I: PROTECT DESCRIPTION Application No.: M-2004-04 Applicant: Etsuko Kuromiya (Wayne Gong) Location: 19990 Homestead Road 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 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 extended hours, 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 extended hours will be located and conducted in a manner in accord with the Cupertino General Plan and the purpose of this title; 3. Sufficient data has not and cannot be provided at this time to determine whether the � proposed conversion of a storage room into a studio room will have parking impacts. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. M-2004-04 is hereby approved; and Resolution No. 6272 M-2004-04 September 13, 2004 Page 2 That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application M-2004-04, as set forth in the Minutes of the Planning Commission Meeting of September 13, 2004, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. AMENDMENT TO RESOLUTION NO. 6237 This resolution replaces and nullifies Planning Commission Resolution No. 6237. 2. APPROVED EXHIBITS Approval is based on the plan set entitled "Gamba Karaoke C� Oakmont Square Center" by Wayne Gong, except as may be amended by the conditions contained in this approval. 3. HOURS OF OPERATION The operation may run during regular commercial business hours except that the closing time for the karaoke studio may be open until midnight on Sundays, 1 AM on Monday, Tuesday, Wednesday and Thursday, and 2 AM on Friday and Saturday. 4. INTERIOR CONDITIONS All studio rooms shall have windows, which shall provide clear and unobstructed views into each 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 of this condition is to have as much of the room visible from the hallway as possible. Control of lighting in the studio rooms shall be restricted in such a way that clients cannot dim or turn off the lights. Studio doors may not be locked from the inside. 5. EXTERIOR WINDOWS Window frontages shall be uncovered to allow visibility into the tenant space, subject to approval of Planning staff. 6. CONVERSION OF ROOM 4 � The conversion of Room 4 to a studio room is approved. 7. ALCOHOL No alcohol shall be allowed within the tenant space. This includes direct sale of alcohol, or patrons bringing alcohol in from outside the studio. � r Resolution No. 6272 M-2004-04 September 13, 2004 Page 3 8. KARAOKE PARKING RATIO The parking ratio for the karaoke studio use shall be 1 space for every 4 occupants in the entire tenant space. The Director of Community Development has the authority to adjust the parking ratio with a Minor Modification based on substantive evidence provided by the applicant or an interested party. 9. 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 8 as the determinant of the parking standard for the karaoke studio use. The Director of Community Development has the authority to adjust or eliminate this shared parking plan with a Minor Modification based on substantive evidence provided by the applicant or an interested party. 10. PLANNING COMMISSION AUTHORITY TO REVISIT The Planning Commission reserves the right to review this permit at any time based on complaints or City observations of any negative impacts associated with any aspect of the karaoke studio use. 11. SIGNAGE IN PARKING LOT The property owner shall install signs in the parking lot directing patrons to k�e sensitive to nearby residents with their noise generation. The wording of the sign shall be approved by Planning Staff. 12. SIGNAGE AT MAIN EXIT OF THE LOBBY The applicant shall install a sign at the main exit of the lobby directing patrons to be sensitive to nearby residents with their noise generation. The wording of the sign shall be approved by Planning staff. 13. 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. Resolution No. 6272 M-2004-04 September 13, 2004 Page 4 PASSED AND ADOPTED this 13� day of September 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Giefer, Miller and Acting Chairperson Wong NOES: COMMISSIONERS: Chen ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chairperson Saadati ATTEST: APPROVED: . S ' V ` ��� � Steve Piasecki Gilbert Wong, Acting C' person Director of Community Development Cupertino Planning Co ission � i