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Reso 2553 • • 15-U-79 (Revised) 1111 RESOLUTION NO. 2553 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO • RECOMMENDING DENIAL OF A USE PERMIT MODIFICATION TO ALLOW ELECTRONICALLY AMPLIFIED BAND MUSIC AND DANCING IN AN EXISTING COCKTAIL LOUNGE. APPLICANT: John Vidovich (Edward Yamaoka) • ADDRESS: 1307 South Mary Avenue, Sunnyvale, California 94087 SUBMITTED: August 17, 1984 LOCATION: Portal Plaza Shopping Center on the Northeast Quadrant of Portal . Avenue and Stevens Creek Boulevard FINDINGS: • 1. The location of proposed high activity, late night entertainment use is in close proximity to the adjoining residential area and would result in detrimental activities such as late night traffic leaving the site and noise from the patronage in the parking lot area. 2. Due to the location of the proposed activity, the General Plan policy of encouraging these types of uses to locate in . larger complexes such as Vallco Park and Town Center should be adhered to. 4 PASSED AND ADOPTED this 10th day of September; 1984, 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, Chairperson Blaine NAYS: Commissioners Koenitzer, Szabo • - ABSTAIN: None ABSENT: None ATTEST: ' APPROVED: • /s/.James H. Sisk /s/ Sharon Blaine • 4110 . - James H. Sisk Sharon Blaine, Chairperson Planning Director Planning Commission CITY OF CUPERTINO City Hall, 10300 Torre Avenue410 Cupertino, California 95014 Telephone (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL 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 not met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application does not meet all of 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 levels 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 and safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed use not injurious to property and improvements in the neighborhood. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application for the use permit be, and the same is hereby denied; and BE IT FURTHER RESOLVED: That the findings quoted above and on Page Two be approved and adopted, and that the Secretary be, and is hereby directed to notify the parties affected by this decision. ames H. Sisk Planning Director 6