Reso 413534-U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 140. 4135
OF T11E PLANNING CCMUSSION OF THE CITY OF CUPERTINO
REMOtEVDING APPROVAL OF A USE PERMIT 70
ALUM A SEPARATE BAR AREA AND INITIATE FULL LIQUOR
SERVICE IN AN EXISTING RESTAURANT
SECTION I FFINDINGS
{,ImRFAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution,
and
wHERFAS, the applicant(s) has met the burden of proof required to support
said application; and
1,1IMIFAS, the Planning Conmrission finds that the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plan of
the City of Cupertino, and are not detrimental to existing uses or
to uses specifically permitted in the zone in which the proposed Ja
use is to be located.
b) That the property involved is adequate in size and shape to
accommodate the proposed use.
C) jimt the proposed use will not generate a level of traffic over
and beyond 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 use, nor injurious to
property and improvements in the neighborhood.
Nal, 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 reccmmiendod for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
Resolution No. 4135 (34-U-88) 02/27/00
Page -2-
8E IT FUi7IEM RESOLVED:
g11,1t the subconclusions upon which the findings and conditions specified
in this R�.olution are based and contained in the Public Hearing record
concerning Application 34-U-88 as set forth in the Minutes of the Planning
Commission Meeting of February 27, 1989, and are incorporated by reference
a, though fully set forth herein.
SEC
P[ON�I : APP4IC]�TION DFSCJ2TPI'ION
Application No(s) 34-U-88 and 45-EA-88
Applicant: Abdul Ali Su —rani
Property Owner: Albert Armanini
Location: 20916 Homestead
SECPION III : OONDITIONS A[MINISTEE2ED BY OIX4hII1NI'I Y DEVEIAPMEKP DCPARTMENP
1) APPROVED r-<HIBITS
The recmmmsdation of approval is based upon exhibits of restaurant
seating plan and Homestead Center site plan dated 12/29/88 of
Application 34-U-88.
2) AUTHORIZED USE
The subject Use Permit authorizes operation of a 58 seat restaurant d�
which includes seating for a separate bar area with full liquor
service with a maximum of six a ployees/shift within a tenant space of
2,500 sq. ft.
3 ) P10 MXG -AGREENEW
The subject Use Permit is conditioned upon the continued viability of
the reciprocal parking agreement recorded in the records of Santa
Clara County, June 16, 1975, #5030702. Should said agreement be
revoked, cancelled or be declared void for any reason, the Use Permit
may be subject to review and amerxtnent.
4 ) PARKING 1�NAGFSiFNP
The applicant shall encourage employees to park in the easterly
parking lot during business hours.
5) HOURS OF OPERATION
The operating hours shall be limited between 6 a.m. - 11 p.m. The
hours of operation may be curtailed if parking demand exceeds supply
on site. The Planning Commission may evaluate the status of on site
parking informally and modify hours of operation, as an item of
Unfinished Business on their agenda. The Commission's actions may be
appealed to the City Council as provided in Ordinance 652.
11
Resolution No. 4135 (34-U-88) 02/27/88
Pago -3-
PASSED AND ADOF1 this 27th day of February, 1989, at a regular meeting
of the Planning Ccmmission of the City of Cupertino, State of California,
by the following roll call vote:
AYES: WOUSSIONERS:
NAYS: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSBTr: COMMISSIONERS:
ATPEST:
_ /s/ Robert Cowan
Robert Cowan
Director of Cc n=Mity Development
pesos\res34u88(1)
Is/ Victor Adams
Victor Adams, Chairman
Planning Ctcmm►ission