DIR-2002-19b
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~-
Date: May 30, 2002
Subject: Temporary Use Permit file number DIR-2002-19 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 on Sunday, June 2nd, 2002 and Friday, June 7th, 2002.
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 soccer matches involving
England live in the pub. Since the World Cup is being held in Japan, 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 noise, 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 2 a.m. 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.
State law prohibits the sale of alcohol after 2 a.m. The applicant intends to provide
refreshments such as coffee, bread, and other breakfast items for patrons during the
ma tches.
Staff raised the issue of security to the applicant. The applicant stated there was never
cause for security personnel on prior occasions when the World Cup matches were held
during normal business hours. Since alcohol will not be served during the match, and
the applicant has prior experiences holding similar events, staff is not conditioning the
applicant to provide a private security guard.
Planning staff has notified the County Sheriff's Department and the City's Code
Enforcement Department about these two events.
ACTION:
The Director approves the application with the following conditions:
1. The following hours of operation for the use the restaurant are hereby approved:
a. Saturday, June I, 2002 from 11:30 a.m. until Sunday, June 2, 2002 at 4:30
a.m.
b. Thursday, June 6, 2002 from 11:30 a.m. until Friday, June 7, 2002 at 6:30
a.m.
2. If problems or issues arise from the event described in Condition #1 a that cannot
be mitigated to the satisfaction of the Director, then Condition #1 b shall be null
and void.
3. The Director has the discretion of allowing additional days before the conclusion
of the 2002 World Cup on June 30, 2002.
4. The applicant shall:
a. Not serve alcohol beyond the time specified by State Law;
b. Ensure that all attendees be inside the building at all times other than
while arriving at or exiting the building;
c. Ensure that the attendees minimize their personal and vehicular noise
levels while outdoors;
d. 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;
e. Notify the Arioso Apartment management of each late night event at least
36 hours in advance.
5. The total number of attendees at either event shall not be greater than the total
occupancy of the building.