Reso 252230-U-61
RESOLUTION NO. 2 522
OF THE PLANNING COMMISSION OF'THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN AMENDMENT TO AN EXISTING
USE PERMIT TO ALLOW THE OPERATION OF A DANCE FLOOR
AND CONTINUED LIVE ENTERTAINMENT WITHIN THE EXISTING
ELI MCFLY BAR/RESTAURANT.
APPLICANT: Eli McFly
ADDRESS: 20630 Valley Green Drive, Cupertino, California 95014
SUBMITTED: May 18, 1984
LOCATION: Northerly tenant space within the Rancho De Anza
Shopping Center, southwest quadrant of De Anza
Boulevard and Valley Green Drive.
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FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth .on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of June 11, 1984.
CONDITIONS:
1-14. STANDARD_ CONDITIONS
Standard Conditions to the extent that they do not
conflict with the special conditions enumerated herein.
• In the event a conflict does exist, the special
conditions as enumerated herein shall apply.
15. APPROVED_ EXHIBITS
That the recommendation of approval is based on Exhibits
A and B of -Application 30-U-81 (Revised) except as may be
amended by special conditions enumerated herein.
16. TRIP_ ACCOUNTING
The subject development with proposed mix of land uses is
deemed to comply reasonably with the Trip Constraint
originally assigned to this site. Further changes in
land use may be subject to future review should it be
deemed that they may exceed the forty trips per acre
assignment under the 1973 Traffic'Study.
17. PREVIOUS_CONDITIONS
All conditions pertinent to -issuance of the original use
permit for operation of a restaurant/bar under File
Number 30-U-81 as specified in the City Clerk's letter
dated February 23, 1982 shall remain in effect, except as
they may be amended by the terms of this Resolution.
C I T Y O F C U P& R T I N 0
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND-
ING APPROVAL OF A USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a USE PERMIT, as stated on Page 2; 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 or uses are in conformance with the general plan
.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 traf'f' c===°
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 neighbor-
hood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application of the USE PERMIT
is hereby recommended for approval, subject to the conditions stated
on Page 2; and
BE IT FURTHER RESOLVED:
That the aforementioned findings be approved and adopted, and that the
Secretary be, and is hereby directed to'notify the parties affected by
this decision.
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30-U-e1
•
Planning Commission Resolution No. 2522 (continued)
Is.
19.
21.
USE -LIMITATIONS
This use permit amendment authorizes installation and
operation of a dance floor not exceeding 200 sq. ft., and
initiation of live musical entertainment. The amended
use permit shall be subject to review by the Planning
Commission and City Council six (6) months after approval
by the City Council. Said review shall be undertaken at
a public hearing. At said public hearing, the applicant
shall demonstrate that public safety and parking impacts
have been adequately controlled during the preceding six
(6) month period.
HOURS_OF_GPERATION
Use of dance floor area and commencement of live
entertainment activities shall not occur before eight
o'clock p.m.
PRIVATE_ SECURITY
Private security personnel retained at the expense of the
applicant/nightclub operator shall be on duty at all
times during operation of the dance floor and/or live
entertainment activity to ensure the orderly conduct of
patrons both inside the facility and within the parking
area.
PARKING_ MITIGATION
To off -set the deficiency of the on -site parking at
Rancho De,Anza Center, the 'applicant/nightclub operator
shall institute the following measure:
Initiate off -site employee parking with shuttle service
for employees of the nightclub to free -up available
on -site parking spaces for patrons of the establishment.
Said off-street parking requirement shall require
documentary evidence of a binding agreement between the
owner of the off -site parking location and the
owner/operator of the nightclub for the entire six (6)
month period of validity of this amended use permit.
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3C'►-U-e 1
Planning Commission Resolution No. 2522 (continued)
® PASSED AND ADOPTED this llth day of June, 19e4, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll call vote:
AYES: Commissioners Adams, Claudy, Koenitzer, Szabo,
Chairperson Blaine
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/ James H. Sisk /s/ Sharon Blaine
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James H. Sisk Sharon Blaine, Chairperson
Planning Director Planning Commission
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