Reso 4431 20-U-86 (Modified)
CITY OF CUPERTINO
10300 Torre Avenue
C�pertino, Califomia 95014
RESOLUTION No. 4431
OF TI-�E PLANNING CO1VIIvIISSION OF Tf� CITY OF CUPERTINO
APPROVING A USE PERNIIT CONDITION MODIFICATION
20-U-86 (AMENDED) FOR AN EXISTING RESTAURANT WITH A FULL SERVICE BAR
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit,
as described on Page 2 of this Resoludon; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are
not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed
use is to be located.
b) That the property involved is adequate in size and shape to accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and above that of the capacity of the
existing street system.
d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, TI�REFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, tesdmony 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 condiUons specified in this Resolution are based and
contained in the Public Hearing record concerning Application 20-U-86 (Modified) as set forth in the
Minutes of the Planning Commission Meeting of November 9, 1992, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
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Application No(s): 20-U-86 (Modified)
► Applicant: JMB Properties
Property Owner: Pacific Acquisition Corporation
� Project Location: 21269 Stevens Creek Boulevard
Resolution No. 4431 (20-U-86 (Modified) November 9, 1992
Page-2-
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SECTION III: CONDITIONS ADNIINISTERED BY TF� COMMUNITY DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
The approval is based on Floor & Site plans dated 11/9/92, Smith letter of activities of 9/5/92, the Oak
letter of 10/29/92 except as may be amended by the Conditions contained in this Resolution. All
condiUons of City Council Action letter of August 7, 1986 and March 6, 1991 shall remain in full
effect.
2. USE LIlVIITATION
Use hours of operation shall be governed by City Council Action letter of August 7, 1986. Outdoor
seating is regulated by the Stevens Creek Conceptual Plan. No live music or amplified activities are
allowed.
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3. PARKING REQUIREMENT
The property owner shall complete the restriping required by City Council Action letter of March 6, 1992, in
order to increase restaurant building square footage over the 1986 maximum. This restriping shall be
completed prior to receiving final building occupancy.
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4. KITCHEN
During all hours of operation, except one hour before closure, at least one employee must be dedicated to the
kitchen for food preparation only.
PASSED AND ADOPTED this 9th day of November, 1992 at a Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: CONIIvIISSIONERS: Austin, Mackenzie, Mann and Chairman Fazekas
NOES: CONIIvIISSIONERS: None
ABSTAIN: CONIlvIISSIONERS: None
ABSENT: COM1�iIISSIONERS: Mahoney
ATTEST: APPROVED:
✓ ' ���
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Robert Cowan Daryl Fazekas, Chairman
Director of Community Development Planning Commission
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