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Reso 4909 4-U-98 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4909 ' OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO � APPROVING A USE PERMIT TO EXTEND HOURS OF OPERATION FROM 11:00 P.M. TO 12:00 A.M., MONDAY THROUGH SATURDAY FOR A RESTAURANT LOCATED AT 20950 STEVENS CREEK BOULEVARD i 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, or general welfare, 2) The applicant was able to prove that their restaurant serves a clientele that requires service after 10:00 PM, till 12:00 AM; 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 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. 4-U-98 as set forth in the Minutes of the Planning Commission Meeting of April 13, 1998, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 4-U-98 Applicant: Jennie Y. Lau, Daryn Lau, and Kaneharu Ando Property Owner: Raymond Bartels Location: 20950 Stevens Creek Boulevard Resolution No. 4909 4-U-98 April 13, 1998 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. HOURS OF OPERATION Business hours may extend to 12:00 A.M. Monday through Saturday. 2. PARKING Parking in the 13 stalls of the southern portion of the parcel shall be posted to disallow to parking after 10 P.M. Monday through Saturday. 3. LIGHTING The existing lighting must be made to be functional, operated by a timer from dusk to the close of business daily. The applicant shall provide proof that no light overspill onto adjoining properties will occur. 4. NOISE If noise becomes an issue for the adjacent residential properties, this permit will be required to be reviewed by the Planning Commission. PASSED AND ADOPTED this 13th day of April, 1998, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Stevens, Mahoney, Harris, Doyle NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Austin ATTEST: APPROVED: , �� Robert S. Cowan Orrin Mahoney,�' ce-Chair Director of Community Development Cupertino Planrfing Commission g:/pl anning/pdreporUres/r4u98m