Reso 4412 C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
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RF50LiTI'ION No. 4412
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USE P�T for an existing restaurant with full service bar.
Sec,�tion I • Findinas
WI�RRFAS, the Plannirig Co�tnnission of the City of Cupertino received an
application for a Use Permit, as desc�ribed on Page 1 of this Resolution; and
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WHERE'AS, the applicant has met the kxarden of proof required to support said
application.; and
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WI�RFAS, the Planning Co�uni.ssion finds that the application meets the follaaing
requirements:
a) That the proposed use aryd exist.irig uses are in conformance with the
General Plan and with the Zoning designation for the site.
b) That the property and building area is of an adequate size ar�d shape
to aocc�rnnodate the propo�.�ed use.
c) That the proposed use is otherwise not detr�mexital to health, safety,
peace, and general welfare of persons residing or working in the
neighborhood of such a proposed use.
i d) The special street and landscape standards are deferred acoording to
Resolution No. 2785 of the Planning Co�rnnission.
e) 'I'he subject Use rec��;res the same parking as the previous use and no
� anticipated parking problems are e��peated.
S�cstion II: Proiect Description
Application No(s): 4-U-92
Applicant: Bill & Amalia lnc
� Property Owner: Cali-Financial Management
Project Lpc.ation: 10385 S. De Anza Blvd.
Sec.�tion III • Conditions Ar�ninistered bv the Caimnunity Develot�oment Det�t.
1. APPROVID �IIBITS
'Ihe rec�rnneridation of approval is based on the Site Plan and Floor Plan
dated June 16, 1992 (revised) and the Elevation Plan dated April 5, 1992
except as may be amended by the condition stated in this resolution.
Resolution No. 4 U 92 July 13, 1992
Page -2-
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2. APPROVF�D USES
Subject Use Permit authorizes a separate cocktail bar in a full servic�
restaurant as depicted in the plans referenced above. The total rnm�ber of
seating dedicated to a separate bar is limited to 25% of the total seating
allvwed. The hours of operation shall be consistent with the allawed
daytinte operation hours identified in the General Ccatnnercial Ordinance and
shall not exaeed 11:00 P.M.
! 3. MODIFICATION OF APPRC�VID DEVEL�DPN�FI' PLAN
In the event that the applicant or sul�uent property c�aner shall desire
� to make any minor chariges, alterations or amex�hnent of the appraved
developiment plan, a written request or revised develo�zt plan shall be
sukanitted to the Director of Plannirig and Develop�nent. If the Director
makes a finding that the chaizges are minor and do not result in a material
affect upon the appe�rance or function of the project, said changes may be
certified on the revised plan. If approval of said changes is withheld,
the applicant may appeal to the Planning Ccmnnission.
If the Director finds that the requested changes are material, such changes
shall be referred to the Planning Cca�m�ission for appraval. If the changes
are denied by the Planning Conunission, the applicant may appeal to the City
Council as provided in City Ordin�ance No. 652.
If said changes are approved by the Planning Coa�unission, an appeal may be
( made to the City Council by ariy intexested party. F'urthex, any MembPr of
the City Council may request a hearing before the City Cauncil r�garding
said approved cllanges. Said request shall be made within ten (10) days
i frrnn the date of approval of said changes by the Plannirig Catmnission.
I 4. NOISII�KIl�TG DEVICES
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No public address system or paging system, pvwered megaphone or similar
' noisemaking device shall be permitted autdoors at any time.
� 5. PARI�TG
1 An ac.]�owledged parking deficenc.y exists at the oenter. The Planning
� Coirnnission reserves the ric�t to review this Use Permit if overflvw parking
situations arise. The corrective action may include, but is not limited to,
requiring that the parkirig lot be restriped to inc�rease the cca��act parking
spaces to 50% or greater or limiting the hours of operation of businesses
' at the center.
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Resolution No. 4-U-92 July 13, 1992
Page -3-
6. SrR�rSCAPE
'I�e property awnex is hereby deferred frarn the special street and lar�d.scape
improvements as required in the South De Anza Conceptual Plan. The purpose
of the deferrment is desaribed in Planning C�annt�.ission Resolution No. 2785.
This application is the first Use P�exmit application since the 1986
Planning Ccernmission Minute Order. It is ac�xxaledged by the praperty
owner, if the bar operation is instituted, that the 25% c�alative floor
area of the total building area (76,630 sf.) is 19,158 sq. ft. By
subtxactirig the proposed restaurant (4,000 sq. ft.) the applicant has
15,158 sq. ft. of building area remainirig prior to the requirement that the
special street�scape and landsc.ape in�rovements be implemented.
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PASSID AND ADOPTID this 13th day of July, 1992 at a re�gular meeting of the
Planning Ccmunission of the City of Cupertino, State of California, by the
follvwirig roll call vote:
AYES: N��IIZS: Mann, Austin, McKenzie
NOFS: N��ERS
ABS`I'AIN: rg1`�ERS
p,BSII�T: N��ERS Mahoney, Fazeas
ATTF•SI': APPl�VID:
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I Director of Ccarnrn�nity Develop�ment Planning Cce�nnission
�sos/4u92
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