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Reso 6050 20-U-99 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6050 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR AN EXISTING RESTAURANT/BAR FACILITY LOCATED AT 1655 S. DE ANZA BOULEVARD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for 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 Planning Commission has determined that the proposed use properly conditioned in this use permit: 1) Wll 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 approved, 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 file no. 20-U-99 set forth in the Minutes of the Planning Commission Meeting of, August 14, 2000, and are incorporated by reference as though fully set forth herein. Resolution No. 6050 20-U-99 August 14, 2000 Page-2- SECTION II: PROJECT DESCRIPTION Application No.: 20-U-99 Applicant: Al Lien Wang (San Wang Restaurant) Property Owner: Philip & Larry LaBarbera Location: 1655 South De Anza Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled "San Wong Restaurant, 1655 S. De Anza Blvd., Cupertino, CA 95014" dated 3/29/99 and consisting of one sheet label A1, except as may be amended by the Conditions contained in this Resolution. The Karaoke live entertainment aspect of the plan has been withdrawn by the applicant and is not approved under this use permit. 2. PERMITTED USES This use permit approves an existing restaurant and bar consisting of 133 restaurant seats and 45 bar stools and chairs. 3. PERMITTED HOURS OF OPERATION The permitted hours of operation are: Sunday through Thursday from 10:00 a.m. to 9:00 p.m. On these days, no new patrons may be admitted after 9:00 p.m. and all employees and patrons must exit the premises by 10:00 p.m. On Friday and Saturday the permitted hours of operation , are 10:00 a.m. to 10:00 p.m. On these days, no new patrons may be admitted after 10:00 p.m. and all employees and patrons must exit the premises by 11:00 p.m. 4. EXTERIOR CLEANING ACTIVITIES Any cleaning and maintenance activities conducted by the applicant of the exterior of the restaurant/bar building or the adjoining parking and landscaped areas shall be conducted between the hours of 10:00 a.m to 10:00 p.m. on Sunday through Thursday, and 10:00 a.m. to 11:00 p.m. on Friday and Saturday. 2 Resolution No. 6050 20-U-99 August 14, 2000 Page-3- 5. ENTERTAINMENT ACTIVITIES Restaurant-sponsored entertainment or amplified entertainment is prohibited by this permit. 6. LIGHTING Parking lot and building lighting shall not cast direct illumination on or over the fence shared with residential neighbors. Applicant shall work with City staff to provide reasonable levels of lighting in the rear parking areas in compliance with this condition of approval. 7. INSPECTION AND MAINTENANCE OF VENTILATION SYSTEM The applicant shall keep the heating, ventilation and air conditioning (HVAC) system in good working order and in compliance with current health and safety codes, and perform regular maintenance of the ventilation system to curb the emanation of detectable food and grease odors from the restaurant into the adjacent residential area. PASSED AND ADOPTED this day of 14"' Day, of August 2000, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Corr, Doyle, Kwok, Stevens and Chair Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: I ATTEST APPROVED: � � ��,��---� Steve Piasec i Andrea Harris, Chairperson j Director of Community Development Cupertino Planning Commission G:planning/pdreport/res/20u99a 3