Reso 6298 U-2005-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6298
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A USE PERMIT FOR A RESTAURANT, BAR AND
NIGHTCLUB LOCATED AT 22100 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No(s): U-2005-05 (EA-2005-04)
Applicant: City of Cupertino (Blue Pheasant Restaurant)
Location: 22100 Stevens Creek Boulevard
SECTION II: FINDINGS FOR USE PERMIT
VVHEREAS, the Planning Commission of the City of Cupertino received an application for 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 not met the burden of proof required to support said
application; and has not 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 Comprehensive 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, the application for Use Permit is hereby recommended for denial.
Resolution No. 6298 Denial U-2005-OS May 10, 2005
Page 2
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(s). U-2005-05
(EA-2005-04), as set forth in the Minutes of the Planning Commission Meeting of May 10,
2005.
PASSED AND ADOPTED this 10� day of May 2005, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice-Chair Miller and Chairperson Wong
NOES: COMMISSIONERS: Chen and Giefer
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Saadati
ATTEST• APPROVED:
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Steve Piasecki Gilbert Wong, Chairpe on
Director of Community Development Cupertino Planning Commission
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