Reso 4623 4-U-85 (Modified)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
� RESOLUTION NO. 4623
� OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
` RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION TO
I EXTEND HOURS OF OPERATION OF RESTAURANT AND NIGHT CLUB
I SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
modification, as described on Page 1 of this Resolution; and
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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 is in conformance with the General Plan of the City of Cupertino, and is 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, 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, subj ect to the conditions
which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application 4-U-85 (Mod.) as set forth in the
Minutes of the Planning Commission Meeting of July 24, 1995, and are incorporated by reference
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 4-U-85 (Modified)
Applicant: Ola's Restaurant and Night Club
Property Owner: Tandem Computers
Location: 10905 North Wolfe Road
Resolution No. 4623 4-U-85 (Modified) July 24, 1995
Page-2-
SECTION III• CONDITION ADMINI TERED BY TH COMM ITY DEVELOPMENT DEPT
� 1. APPROVED USES
� The use permit modification is approved to allow the commercial business to extend its Friday and
I Saturday closing hours from 2:00 a.m. to 5:00 a.m. the following mornings. Furthermore, the
commercial business may continue to be used for all permitted uses in the General Commercial
� Ordinance contained in Chapter 19.56 of the Cupertino Municipal Code. The approved uses are
� permitted subject to the security restrictions stated in conditions 2 and 3.
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2. SECURITY CONDITION
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i The approved uses for the commercial building may be permitted with the following security
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requirements:
At a minimum, the current level of security at the site must be maintained. Should the level of
customers increase, the level of security must increase to a level adequate to control any problem
crowds.
At the request of the Santa Clara County Sheriff Department, applicant shall revise personnel guidelines
to state "all violations of criminal law or city ordinance shall be immediately reported to the Santa Clara
County Sheriff Department. Security personnel will fully cooperate and provide support to the Santa
Clara County Sheriff Department at all times."
3. SIX- MONTH TRIAL PERIOD
Said use permit modification shall be granted for a six month trial period. During the trial period staff
will monitor Sheriff activity at the site as well as any neighborhood complaints. If at the end of the trial
period, the establishment continues to operate in an acceptable manner (a manner consistent with
normally acceptable operating characteristics of eating and drinking establishments as defined by law
enforcement), the use permit modification will remain effective. Should it operate in an unacceptable
manner, the use permit shall be scheduled for a hearing before the Planning Commission to consider
whether the use permit modification shall continue in force.
4. REVOCATION OF USE PERMIT
Use permit may be revoked at any time, through the revocation process established in the Cupertino
Municipal Code, should applicant not meet the conditions stated in this resolution.
Resolution No. 4623 4-U-85 (Modified) July 24, 1995
Page-3-
� PASSED AND ADOPTED this 24th day of July, 1995, at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
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I AYES: COMMISSIONERS: Austin, Harris, Mahoney and Chairman Doyle
� NOES: COMMISSIONERS: None
( ABSTAIN: COMMISSIONERS: None
� ABSENT: COMMISSIONERS: Roberts
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I ATTEST: APPROVED:
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Robert S. Cowan David Doyle, hairm
� Director of Community Development Cupertino Planning Commission
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