Loading...
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. ----------------------------------------------------------------- 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. 1 RESOLUTION NO. 2466 (CONTINUED) 30 -U -B 1 (Revised) #R_ 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. 2 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: ----------- --- - --------- Robert Cowan Sharon Blaine, Chairperson Assistant Planning Commission Planning Commission T L