Reso 4499 14-U-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4499
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO EXPAND AN EXISTING RESTAURANT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as
described on Page 1 of this Resolution; 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. The Use Permit will generate a parking deficiency of 6 spaces. This is not considered significant
considering the total number of spaces available and because of the varied peak parking demand.
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, 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 approval, subject to the conditions which are enumerated in
this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the fmdings and conditions specified in this Resolution are based and
contained in the Public Hearing record concerning Application 14-U-93 as set forth in the Minutes of the Planning
Commission Meeting of January 24, 1994, and are incorporated by reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Applicant No(s): 14-U-93
Applicant: Hong Fu Restaurant
Property Owner: Byer Properties
Location: 20588 Stevens Creek Boulevard. Crossroad Center.
Resolution No. 4499 (14-U-93) January 24, 1994
Page -2-
SECTION IIL• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
The recommendation of approval is based on the floor plan dated November 7, 1993, except as may be
amended by the conditions contained herein.
2. APPROVED USE
'The subject use permit grants the operation of a 6,000 sq. ft. sit-down restaurant establishment with a maximum
of 160 seats and a separate lounge with an additiona120 seats maximum. A total of 12 employees is approved.
The lounge area shall be limited to 600 sf. or less. The hours of operation for the lounge shall be consistent or
less than the restaurant hours and shall be limited to 7:00 AM - 11:00 PM daily. No amplified music is
approved.
3. PARKING DEFICIT
This use permit authorizes a parking deficiency of 6 spaces. The Planning Commission reserves the right to
conduct a hearing to consider a reduction of seats on the premises should a parking shortage arise in the future.
4. COUNTY HEALTH DEPARTMENT
The applicant shall submit proof, prior to issuance of a building permit for expansion, from the County of Santa
Clara Health Deparhnent that the exhaust system is being maintained in compliance with their standards.
I 5. BUILDING DEPARTMENT INSPECTION
The applicant shall coordinate with the City of Cupertino Building Department for an inspection of the existing
exhaust system to confirm the system is operating a peak performance level and that no unpermitted
modifications were conducted on the system following the original installation. This shall be completed prior to
issuance of a building permit for expansion.
PASSED AND ADOPTED this 24th day of January, 1994, at a regular meeting of the Planning Commission of the
City of Cupertino, State of California, by the following roll call vote:
� AYES: COMMISSIONERS: Austin, Doyle, Roberts and Chairman Mahoney
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
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Robert S. Cowan Orrin Mahoney, Cha�finan
Director of Community Development Cupertino Planning�ommission
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