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Reso 4702 3-U-96 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4702 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO MODIFY AN EXISTING DRINKING ESTABLISHMENT TO INCLUDE FOOD SERVICE AND TO ALLOW THE EXPANSION OF THE FACILITY INTO AN EXISTING STOREFRONT CONTAINiNG APPROXIMATELY 1,150 SQ. FT. THE SEATING FOR THIS EXPANDED RACILITY WILL INCREASE FROM APPROXIMATELY 41 TO 60 SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, 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 welfaze, 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: SF.C'TION II: PROJECT DESCRi_PTION Application No.: 3-U-96 Applicant: W.G. Withelder (Peacock Lounge) Property Owner: Robert Pollack Location: 19980 Homestead Road Resolution No. 4702 3-U-96 Apri122, 1996 . Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT• 1. SEATING CAPACITY The m�imum number of indoor seats is 60 in accordance with the City's parking requirements and the pazking available on the site. 2. ENTERTAINMENT LIMITATION Live entertainment, including the use of a disk jockey, is not approved. Approved entertainment may include dart games, shuffle board and similar games. 3. HOURS OF OPERATION The hours of operation are limited between 7:00 AM - 2:00 AM daily. PASSED AND ADOPTED this day of 22th day of April, 1996, 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, Mahoney and Chairman Roberts NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Harris ATTEST: APP OV D: � Robert S. Cowan Paul Roberts, Chairman Director of Community Development Cupertino Planning Commission g/planning/res3u96