Reso 422924-U-89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4229
OF TlbE PLANNING COMMISSION OF TETE CITY OF CUPERTINO
RE=1MEPNDING APPROVAL OF A USE PERMIT 70
OPERATE A 40 SEAT DINE -IN RESTAURANT WMfrN A 1,200 S.F.
TFNANr SPACE WITHIN AN EXISTING SfiOPPING c urn
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WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant has met the burden of proof required to support
said application; and
MIERFAS, the Planning Commission 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 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 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 recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusioms upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 24-U-89 as set forth in the Minutes of the Planning
commission Meeting of November 27, 1989, and are incorporated by reference
as though fully set forth herein.
0
REZOLUMN No. 4229 (24-U-89) November 27, 1989
Page -2-
smcrION II: PRanrT DFSCRIPI'IOy
Application No(s): ?4-U-89
Applicant: Muriel Nollan
Property Owner: West Valley Management Corporation
Location: 10033 Mann Drive
1. APPROVED EXHIBITS
The recommendation of approval is based on the Site Exhibit and Floor
Space Diagram of Application 24-U-89, except as amended by the Conditions
contained herein.
2. USE LIMITATION
The subject use permit authorizes operation of a 40 seat dine in
restaurant with the following limitations:
A) No separate bar seating area allowed; alcoholic beverage service
limited to beer and wine only.
B) Beer and wine may not be served without an accompanying order of
food.
C) No darts, video games, live music or similar forms of entertainment
activity shall be allowed.
D) Outdoor seating and take out food orders are prohibited.
E) The hours of operation are limited to 9:00 AM to 11:00 PM.
F) Trash removal is limited to the hours of 9:00 AM TO 9:00 PM.
3. NOISEMAIGM DEVICES
No public address system, paging system, powered megaphone or similar
device shall be permitted outdoors at any time.
4. SERVICE ACTIVITY RESTRICTION
The restaurant operator and property owner shall ensure that evening hour
cleanup activities do not disturb neighboring residents. The north door
shall be used only as an emergency exit, and shall be equipped to
discourage other use thereof. The parking area pavement shall not be used
for washing or cleanup activity, nor shall food refuse be allowed to enter
the storm drain system.
i /1 1: �•: C i.MY\% u7i'lyt�.`lil�`!
Should the City receive coupliants about unauthorized activity, noise or
unsanitary practices, parking problems or unusually high levels of traffic
associated with the proposed use, the subject Use Permit may be subject to
a public hearing for purposes of adding conditions or possible revocation.
Resolution No. 4229 (24-U-89) November 27, 1989
Page -3-
sign information indicated on the use permit exhibits shall be subject to
separate approval of the Architectural and Site Approval Cmmittee.
PASSED AND ADOP'I'ID this 27th day of November, 1989, at a Regular Meeting of the
Planning Crnnaission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: COMMIISSIONERS: Blaine,
NOES: COMMISSIONERS: None
ABSTAIN: COIMIISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST:
/s/ Robert Cowan
Robert Cowan
Director of Community Development
peresos\rso24u89
Claudy, Mackenzie, Chairman Adams
/s/ victor Adams
Victor Adams, Chairman
Cupertino Planning Commission