HomeMy WebLinkAboutReso 246630 -U -S1 (Revised)
RESOLUTION NO. 2466
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN AMENDMENT OF A PREVIOUSLY
APPROVED USE PERMIT TO ALLOW OPERATION OF A DANCE
FLOOR AND LIVE -ENTERTAINMENT WITHIN AN EXISTING
RESTAURANT/BAR.
APPLICANT: Eli McFly Restaurant
ADDRESS: 20630 Valley Green Drive, Cupertino, California
95014
SUBMITTED: November 10, 1983
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
subconclusions as set forth in the minutes of the Planning
Commission meeting of December 12, 1983
CONDITIONS:
1-14. Standard Conditions to the extent that they do not
conflict with the special conditons enumerated herein.
In the event a conflict does exist, the special
conditions as enumerated herein shall apply.
15. The approval is based upon Exhibits A and B of
Application S0 -U -Si (Revised) as may be amended by
additional conditions contained 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 trip per acre
assignment under the 1973 Traffic Study.
17. PREVIOUS CONDITIONS
All conditions pertanent to issuance of the original Use
Permit for operation of a restaurant/bar under file
number 30 -U -S1 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.
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RESOLUTION NO. 2466 (CONTINUED)
30 -U -B 1 (Revised)
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20.
21.
USE LIMITATIONS
This Use Permit amendment authorizes installation and
operation of a dance floor not exceeding 200 sq. f t , and
initiation of live musical entertainment. The amended
Use Permit shall expire on June 30, 1984, and shall be
subject to renewal following a public hearing before the
Planning Commission and City Council. At said public
hearing, the applicant shall demonstrate that public
safety and parking impacts have been adequately
controlled during the preceeding six (6) month period.
If evidence of parking problems is demonstrated at any
time, the Planning Commission reserves the right to
review this Use Permit.
HOURS OF OPERATION
Use of the 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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RESOLUTION NO. 2466 (CONTINUED) 30-U-81 (Revised)
PASSED AND ADOPTED this 12th day of December, 1983, by 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:
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Robert Cowan Sharon Blaine, Chairperson
Assistant Planning Commission Planning Commission
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