DIR-2003-19b
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council members
Chairman and Planning Commissioners
From: Steve Piasecki, Director of Community Developme~
Peter Gilli, Senior Planner
Date: October 7, 2003
Subject: Temporary Use Permit file number DIR-2003-19 to allow extended late night
special events at the Duke of Edinburgh restaurant and bar at 10801 N. Wolfe
Road.
Chapter 19.128 of the Cupertino Municipal Code allows for the Director of
Community Development to issue temporary use permits. The Director
reports his decision to the City Council and Planning Commission in time
to allow an appeal of the decision within fourteen calendar days.
DISCUSSION:
The applicant requests a temporary use permit for a special event during the early
morning hours from October 10, 2003 to November 22, 2003 based on the schedule
attached as Exhibit A.
The applicant is the manager of the Duke of Edinburgh, an English pub on 10801 N.
Wolfe Road. The manager intends to show World Cup rugby matches live in the pub.
Since the World Cup is being held overseas, the matches will be held during early
morning hours in California.
The Zoning Ordinance has restrictions on late night and early morning activities, to
protect neighboring residents from noisel and for public safety reasons.
The only residences near the pub are at Arioso Apartments. The typical noise levels
experienced by residents at Arioso Apartments are extremely low from midnight to 6
a.m. The proposed temporary use will involve patrons driving in and out of the
parking lot starting their cars, opening and closing car doors, activating and de-
activating car alarms, and talking as they enter and exit the site.
This temporary use permit has conditions to mitigate some of these noise impacts. The
applicant shall notify and encourage patrons to keep their noise levels as low as
possible while outside of the pub. The doors of the pub shall remain closed except to
allow people to enter and exit the building. These conditions do not completely
mitigate the potential noise impacts that the neighbors may experience. Therefore, the
applicant is required to notify the management of Arioso Apartments at least 36 hours
before each event.
A similar temporary use permit was issued for this site for World Cup Soccer in the
summer of 2002. The previous approval was for a period of less than one week. No
complaints were received related to the past approval.
Planning staff has notified the County Sheriff's Department and the City's Code
Enforcement Department about these events.
ACTION:
The Director approves the application with the following conditions:
1. Extended hours are approved to allow for the viewing of World Cup rugby
matches based on Exhibit A.
2. If problems or issues arise from the late night events that cannot be mitigated to
the satisfaction of the Director, the Director may limit or revoke this approval.
3. The applicant shall:
i. Not serve alcohol beyond the time specified by State Law;
ii. Ensure that all attendees be inside the building at all times other than
while arriving at or exiting the building;
iii. Ensure that the attendees minimize their personal and vehicular noise
levels while outdoors;
iv. Ensure that noise generated from the inside of the building do not
impact neighboring residents including, but not limited to, keeping
exterior doors closed whenever possible;
v. Ensure that the total number of attendees at either event shall not be
greater than the total occupancy of the building.
vi. Notify the Arioso Apartment management of each late night event at
least 36 hours in advance.
Enclosures
Letter from Applicant
Exhibit A
gip/an mng/pdreport/dirlllill fll.OdjDIR-2003-19 .doc
Duke of Edinburgh Inc
10801 N. Wolfe Road
Cupertino Ca 95014
October 7 2003
City Of Cupertino
10300 Torre Avenue
Cupertino, Ca 95014-3255
Attn: Mr. Peter Gilly
Planning Comission Department
Starting on Friday October 10, 2003 the Rugby World Cup will begin.
We have programmed showing most of the games as indicated in the attached
game schedule.
As we did in the past with the Soccer World Cup 2002, we are respectfully
requesting your authorization to expand the opening hours of operation
of our Pub in order to show all of the games of this important event.
We do not expect our fans to come in later than the kick-off time at which
time th~. doors will be closed to show the games which are LIVE. Breakfast
will be erved after the games.
I
/1
Youif/ oper in will be appreciated,
"
R ~rd
,~t
J. C. Acha
General Manager
Duke of Edinburgh Inc.
schedule of games attached
*
EXHIBIT A
'~,'i'
RUGBY ,
_wetii'
2003
October 2003
Fri - 10
Sat - 11
Sun - 12
Tue - 14
Wed - 15
Fri - 17
Sat - 18
Sun - 19
Mon - 20
Tue - 21
Wed - 22
Thu - 23
Fri - 24
Sat - 25
Sun - 26
Mon - 27
Tue - 28
Wed - 29
Thu - 30
Fri - 31
2003 Rugby World Cup
Australia v Argentina
Australia v Argentina (delayed)
New Zealand v Italy
Ireland v Romania
France v Fiji
South Africa v Uruguay
Ireland v Romania (delayed)
Wales v Canada
Scotland v Japan
England v Georgia
Argentina v Namibia
Fiji v USA
Italy v Tonga
Samoa v Uruguay
New Zealand v Canada
Australia v Romania
France v Japan
South Africa v England
Australia v Romania (delayed)
Wales v Tonga
Ireland v Namibia
Georgia v Samoa
Ireland v Namibia (delayed)
Scotland v USA
Italy v Canada
Argentina v Romania
Fiji v Japan
New Zealand v Tonga
South Africa v Georgia
South Africa v Georgia (delayed)
Australia v Namibia
Italy v Wales
France v Scotland
France v Scotland (delayed)
Australia v Namibia (delayed)
Argentina v Ireland
England v Samoa
England v Samoa (delayed)
Argentina v Ireland (delayed)
Japan v USA
Georgia v Uruguay
Canada v Tonga
Romania v Namibia
France v USA
France v USA (delayed)
Scotland v Fiji
South Africa v Samoa
WWlt: setanta. com
Pacific Time
3.00am
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9.30pm
12.00am
2.30am
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1.00am
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2.30am
12.00am
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11.00pm
2.00am
5.00am
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3.30am
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2.30am
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12.30am
3,OOam
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11.00pm
1.30am
3.30am
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1.,30am
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12.30am
12.30am
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2003
November 2003
Sat - 1
Sun - 2
Fri-7
Sat-8
Sun - 9
Sat - 15
Sun - 16
Thu - 20
Sat - 22
2003 Rugby World Cup
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Pacific Time
Australia v Ireland
Australia v Ireland (delayed)
South Africa v Samoa (delayed)
England v Uruguay
New Zealand v Wales
England v Uruguay (delayed)
New Zealand v Wales (delayed)
OF 1 Win, 0 v Runner up C
OF 2 Win. A v Runner up B
OF1 Win. D v Runner Up C (delayed)
OF 2 Win. A v Runner Up B (delayed)
OF 3 Win. B v Runner up A
OF 4 Win. C v Runner up 0
OF 3 Win. B v Runner Up A (delayed)
OF 4 Win. C v Runner Up 0 (delayed)
SF 1 Win. OF 1 v Winner OF 2
SF 1 Win. OF 1 v Winner OF 2(delayed)
SF 2 Win. OF 3 v Winner OF 4
SF 2 Win, OF 3 v Winner OF 4(delayed)
Third -Place playoff
Third-Place playoff (delayed)
World Cup Final
World Cup Final (delayed)
1.30am
...
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11.30pm
1.35am
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11.30pm
2.00am
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· The order of these 4 games will depend on the popularity of the match-ups.
Also, please call your local Setanta rugby venue to check the avaHability of the
matches as not all the pubs will be carrying these matches live.
WWW..setanta.com