Exhibit CC 11-16-2010 No. 22 Modification to Ue Permits Modena Investment and Sunnyvale Holding ..
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......./ EXHIBIT CUPERTINO
M- 2010 -02
• MODIFICATION TO USE PERMITS (20 -U -86 &
U- 2007 -04) to allow commercial
entertainment establishments and live
entertainment activities and to extend hours
of operation to 2:00 a.m. at the Oaks
Shopping Center.
Applicant: Modena Investment, LP &
Sunnyvale Holding, LLC
Location: 21255 - 21275 Stevens Creek Blvd.
(Oaks Shopping Center)
Project Site
2006 Aerial Photo
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Proposed Modification
Permitted Uses
The proposal requests to allow the following uses:
• Live entertainment activities connected with an
existing, approved business (e.g. restaurants)
• Commercial Entertainment Establishments to
operate until 2 A.M.:
Indoor theaters, bowling alleys, billiard parlors,
dance halls, skating rinks, arcades.
(See CG zoning ordinance)
Existing Uses
Requiring Use Permits
The following uses are still subject to use permit
approval:
• Liquor stores
• Drinking establishments - "an activity that is
primarily devoted to the selling of alcoholic
beverages for consumption on the premises"
• Full- service restaurants with separate bar
facilities
2
Prospective Live Entertainment
Uses
• Ancillary live music, entertainment and danc with
the existing Oaks /Sabatini Event Center (a
banquet /catering business)
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Public Outreach
• Meeting with apartment owner
• Neighborhood meeting hosted by the Oaks
Management with apt. residents
• Applicant outreached to existing center tenants
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Public Cornments
• 11 residents and apartment: owner spoke against the
project.
• Main concerns were potential excessive noise and
overflowing parking during the late evenings
• One resident spoke in favor of the request
Planning Commission
Recommendations
Planning Commission recommended that the City Council
approve the project based on a 5 -0 vote with the following
conditions:
• Prohibited Uses: billiard & pool halls, dance halls and
arcades
• Monitoring Allowed Uses: Live entertainment activities
& allowed commercial entertainment. businesses
subject to Entertainment Permit
5
Planning Commission
Recommendations (Contd.)
• Concentration: Cap the number of activities &
establishments to four (4) or 25% of the center. Theater
counts as one of the four
• Noise: all entertainment indoors, exterior doors to
remain closed, provide adequate ventilation and sound
insulation. Meet City noise standards at property line &
between tenant spaces
• Location: No new entertainment uses in storefronts
that face Mary Ave. apts. (except Shane Co. Bldg.)
Planning Commission
Recommendations (Contd.)
• Security: Develop plan approved by the City, address
parking lot security, noise, duration of security,
prevention of onsite loitering & unruly behavior,
security signage
• Tenant Notification: Lease disclosures for new and
renewing tenants
• Compliance: Use permit review by staff after one
year. PC hearing for lack of timely compliance
6
Planning Commission
Recommendations (Contd.)
• Funding for extra enforcement: Applicant pays for
excessive Sheriff enforcement time if any
• Alcohol Consumption: No alcoholic beverages
served after 1:30 a.m.
7
CC- 1 1 6 1 1 0
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OFFICE OF THE DEPARTMENT OF PUBLIC WORKS
� 5 � 194, CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
CUPERTINO TELEPHONE: (408) 777 -3354 • FAX: (408) 777 -3333
MEMORANDUM
Date: November 1, 2010
To: City Council
Subject: Council Agenda Item No. 22, Authorize Application for grant funding for Stevens
Creek Corridor, Phase 2
Council Agenda Item No. 22 recommends that the City Council adopt a resolution authorizing the
application for grant funds from the Environmental Enhancement and Mitigation Program for
Stevens Creek Corridor, Phase 2.
Staff recommends clarifying the action to note that the resolution is approved with the
understanding that the final scope of work for Stevens Creek Corridor, Phase 2 will be approved
by the City Council prior to executing the grant funding agreement and proceeding with
implementation of the grant- funded improvements. The grant application requests $245,000 in
grant funding.
43 a Ct- &It"'
Ralph A. Qualls, Jr. Davi . . Knapp
Director of Public Works City Manager