Reso 6487 M-2007-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6487
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A USE PERMIT (20-U-99) WITH A SIX-MONTH REVIEW
TO EXTEND THE HOURS OF OPERATION OF AN EXISTING RESTAURANT TO 9:30 P.M.
SUNDAY THROUGH THURSDAY (WITH PATRONS/EMPLOYEES LEAVING BY 11 P.M.), AND
10 P.M FRIDAY AND SATURDAY
(WITH PATRONS/EMPLOYEES LEAVING BY 12 A.M.) 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
Modification, as described in Section II of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the use is in conformance with the General Plan of the City of Cupertino, and is not detrimental
to existing uses or to uses specifically permitted in the zone in which the proposed use is to be
located.
b) That the property involved is adequate in size and shape to accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and above that of the capacity of the
existing street system.
d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, THEREFORE, BE TT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for a use pernut 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 M-2007-01 as set forth in the Minutes
of the Planning Commission Meeting of September 25, 2007, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: M-2007-01
Applicant: Masayoshi Fujioka (Kikusushi)
Location: 1655 S. De Anza Boulevard
Resolution No. 6487 M-2007-01 September 25, 2007
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. PREVIOUS CONDITIONS OF APPROVAL
All prior use permit conditions for 20-U-99 shall remain in effect, unless in conflict with the
conditions of approval for M-2007-01.
2. HOURS OF OPERATION
Hours of operation shall be:
Sunday through Thursday, 10 a.m. to 9:30 p.m. (with patrons/employees leaving the premises by
11 p.m.)
Friday and Saturday, 10 a.m. to 10 p.m. (with patrons/employees leaving the premises by 12
a.m.)
3. SIX MONTH REVIEW
A six-month review of this application (M-2007-01) shall be held by the Planning Commission to
determine if the approval of this application (M-2007-01) shall continue per the conditions of
approval of this resolution. Approval of this application per the conditions of approval of this
resolution shall expire in six months, unless the Planning Commission approves continuance of this
approval.
4. NOISE CONTROL SIGNAGE
Within 30 days of this approval, the applicant shall install noise control signage throughout the
parking lot of the shopping center that requests patrons to keep noise levels at a minimum to be
respectful of the adjacent residential neighborhood. The applicant shall provide language for the
signage to be reviewed and approved by the Director of Community Development.
5. PARKING RESTRICTIONS
The applicant shall prohibit parking in parking spaces behind the building near the western property
line adjacent to the single-family residential neighborhood after 8 p.m.
6. REAR DOORS ALONG WESTERN PROPERTY LINE
The rear doors of the restaurant facing the western property line shall not be kept open during
business/cleaning hours.
7. 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.
8. 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.
9. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
Resolution No. 6487 M-2007-01 September 25, 2007
Page-3-
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees,
and a description of the dedications, reservations, and other exactions. You are hereby further
notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 25th day of September 2007 at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Wong, Miller Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
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City Planner Cupertirio Planning ommi ''o �
g/planning/pdrepordres/2007/M-2007-01