Reso 6687 U-2011-12
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6687
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW A RESTAURANT TO OPERATE UNTIL 11:00 PM,
SUNDAY THROUGH THURSDAY AND 12:00 AM, FRIDAY THROUGH SATURDAY
AT 19620 STEVENS CREEK BOULEVARD #150
SECTION I: PROTECT DESCRIPTION
Application No.: U-2011-12
Applicant/property owner: David Chan (Bay Area Yakiniku)
Location: 19620 Stevens Creek Blvd #150 (APN: 369-06-012)
SECTION II: FINDINGS FOR USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Coxnmission has held at least one public hearing in regard to the
application; and
WHEREAS,the applicant has met the burden of proof required to support said application;and
WHEREAS, the Planning Coxrunission finds as follows with regard to this application:
a) 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
welfare, or convenience;
b) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the City's zoning ordinances.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,
the application for a Use Permit, Application no. U-2011-12 is hereby approved, 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. U-2011-12 as set forth in the
Minutes of Planning Conunission Meeting of April 10, 2012, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on Exhibits titled, "Gyu Kaku Restaurant, 19620 Stevens Creek Blvd.,
Cupertino, CA 95014," prepared by KTA, dated December 14, 2010 consisting of pages A1 and A2;
except as may be amended by the Conditions contained in this Resolution.
Resolution No. 6687 U-2011-12 Apri110,2012
2. HOURS OF OPERATION
The applicant is approved for the following hours of operation:
Sunday-Thursday: 11:00 AM- 11:00 PM
Friday-Saturday: 11:00 AM- 12:00 AM
The restaurant patrons are required to leave within 30 minutes after closing time and clean up crew
are expected to leave within one hour.
3. LAW ENFORCEMENT SUPPORT
The shopping center property owner shall pay for any additional Sheriff enforcement time resulting
from documented incidents in the shopping center at the City's contracted hourly rate with the
Sheriff Department at the time of the incident.
4. RESTAURANT ODOR ABATEMENT
All restaurants shall install odor abatement systems to be incorporated into the air handling systems
to reduce the odor impact from the restaurants to the adjacent community.
5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other agencies with regard to the proposed project for
additional conditions and requirements. Any misrepresentation of any submitted data may
invalidate an approval by the Community Development Department.
6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
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 10th day of April, 2012, Regular Meeting of the Planning Commission of
the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Sun, Brophy, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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��y �- � Mar Mill r, Chair
City Planner Planning mmission