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Reso 4750 12-U-88 (Mod.) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4750 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT MODIFICATION TO EXTEND HOURS OF OPERATION FROM 10:00 P.M. TO 11:00 P.M., MONDAY THROUGH THURSDAY, AND FROM 11:00 P.M. TO 12:00 P.M., FRIDAY AND SATURDAY FOR A RESTAURANT LOCATED AT 19930 STEVENS CREEK BOULEVARD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit Modification, 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 hours of operation 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; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�ibits, testimony and other evidence submitted in this matter, the application for Use Permit Modification 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 No. 12-U-88 (Mod.) as set forth in the Minutes of the Planning Commission Meeting of September 9, 1996, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 12-U-88 (Mod.) Applicant: Pizzeria Uno Property Owner: Stephen Gazzera, Jr. Location: 19930 Stevens Creek Boulevard Resolution No. 4750 12-U-88 (Mod.) September 9, 1996 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. PREVIOUS CONDITIONS OF APPROVAL All previous conditions of approval listed in City Council Action letter dated July 27, 1988 remain in effect unless changed by this resolution. 2. HOURS OF OPERATION Business hours shall not extend past 11:00 P.M. Monday through Thursday nor past 12:00 P.M. Friday and Saturday nor 10:00 P.M. on Sunday. 3. INTERPRETATION OF BUSINESS HOURS No new patrons shall be admitted to the restaurant after the close of business at 11:00 P.M. Monday through Thursday, at 12:00 P.M. Friday and Saturday and 10:00 P.M. on Sunday. Patrons already in the restaurant prior to the close of business may remain and be served food or beverages, provided all patrons have exited the restaurant no later than 12:00 P.M. Monday through Thursday, 1:00 A.M. Friday and Saturday night and 11:00 P.M. on Sunday night. The Applicant/operator shall be responsible for ensuring that no patrons remain in the restaurant after the above hours. PASSED AND ADOPTED this 9th day of September, 1996, at a Regular Meeting of the Planning Coinmission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle, Mahoney and Vice Chairperson Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chairman Roberts ATTEST: APPROVED: Li . �j . .t'�a�-�-o . Robert S. Cowan Andrea Harris, Vice Chairperson Director of Community Development Cupertino Planning Commission g:/pdreport/r12u88m �