Reso 4652 3-U-90(M)
CITY OF CUPERTINO
10300 Tone Avenue
Cupertino, California 95014
RESOLUTION NO. 4652
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT MODIFICATION TO EXTEND BUSINESS HOURS FROM 6
A.M. TO 1 A.M., TO ALLOW OUTSIDE SEATING AREA, AND ALLOW A
FLORIST OPERATION FOR AN EXISTING RESTAURANT LOCATED AT 10100 SOUTH
DE ANZA BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Modification of 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 met the burden of proof required to support said application; and has
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 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 conditions specified in this resolution are based
and contained in the public hearing record concerning Application 3-U-90(M) set forth in the Minutes
of the Planning Commission Meeting of, October 23, 1995 and November 13, 1995, and are
incorporated by reference as though fully set forth herein.
2
Resolution No. 4652 3-U-90(M) November 13, 1995
Page-2-
SF.C'TION II: PROJECT DESC�ZTPTION
Application No.: 3-U-90(M)
Applicant: Acel Realty (Sirens Corp.)
Property Owner: Wells Fargo Bank
Location: 10100 South De Anza Boulevard
SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Sirens Associates, Inc." and
consisting of three sheets, a site plan, a first and second floor plan and a detail sheet, dated
11/13/95, except as may be amended by the Conditions contained in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All conditions of approval in Application No. 3-U-90 remain in effect, except as may be amended
by the Conditions contained in this resolution or by the approved e�chibits.
3. TRIAL PERIOD FOR LATE NIGHT OPERATIONS
Business hours aze extended from 6 a.m. to 1 a.m. Said extension of business hours shall be
granted for a six-month trial period. During the trial period, City staff will monitor Sheriff
activity at the site as well as any neighborhood complaints. At the end of the trial period, a public
hearing will be scheduled before the Planning Commission at which time the Planning
Commission will determine if the use permit modification will remain effective.
4. i TSE LIMITATIONS
The permitted uses are a florist operation and sit-down restaurant. Limited outdoor sales of cut
flowers and indoor plants are also allowed.
PASSED AND ADOPTED this 13th day of November, 1995, 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, Harris, Mahoney, Roberts and Chair poyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APP ED:
r •
r !�
Robert S. Cowan David Doyle, hairm
Director of Community Development Cupertino Planning Commission
3-U-90(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4652
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT MODIFICATION TO EXTEND BUSINESS HOURS FROM 6
A.M. TO 1 A.M., TO ALLOW OUTSIDE SEATING AREA, AND ALLOW A
FLORIST OPERATION FOR AN EXISTING RESTAURANT LOCATED AT 10100 SOUTI-I
DE ANZA BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Modification of 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 met the burden of proof required to support said application; and has
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 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 conditions specified in this resolution are based
and contained in the public hearing record concerning Application 3-U-90(M) set forth in thc Minutes
of the Planning Commission Meeting of, October 23, 1995 and November 13, 1995, and arc
incorporated by reference as though fully set forth herein.
Resolution No. 4652 3-U-90(M) November 13, 1995
Page-2-
SECTION II: PROJECT DESCRTPTION
Application No.: 3-U-90(M)
Applicant: Acel Realty (Sirens Corp.)
Property Owner: Wells Fargo Bank
Location: 10100 South De Anza Boulevard
SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DFPT
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Sirens Associates, I nc." and
consisting of three sheets, a site plan, a first and second floor plan and a detail sheet, datc:d
11/13/95, except as may be amended by the Conditions contained in this resolution.
2. PIZF,VIOUS CONDITIONS OF APPROVAL
All conditions of approval in Application No. 3-U-90 remain in effect, except as may be amendcd
by the Conditions contained in this resolution or by the approved exhibits.
3. TRIAL PERIOD FOR LATE NIGHT OPERATIONS
Business hours are extended from 6 a.m. to 1 a.m. Said extension of business hours shall bc
granted for a six-month trial period. During the trial period, City staff will monitor Shcrifl�
activity at the site as well as any neighborhood complaints. At the end of the trial period, a public
hearing will be scheduled before the Planning Commission at which time the Plannin�
Commission will determine if the use permit modification will remain effective.
4. USE LIMITATIONS
The permitted uses are a florist operation and sit-down restaurant. Limited outdoor sales of cut
flowers and indoor plants are also allowed.
PASSED AND ADOPTED this 13th day of November, 1995, 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, Harris, Mahoney, Roberts and Chair poyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
�
Robert S. Cowan David Doyle, Chairman
Director of Community Development Cupertino Planning Commission