Reso 29975-U-87
CITY OF CUPERTINO
10430 So. De Anza Boulevard
Cupertino, California 95014
RESOLUTION PIo. 2997
OF THE PIANtiING COMMISSION OF 213E CITY OF CUPERMIO
RECCtlMENDING APPROVAL OF A USE PEY441T TO OPERATE
A FULL SERVICE RESTAURANT IMH LIQUOR SERVICE
WT=T AN EXISTING RETAIL CENTER
SECTION I: FINDISICS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution,
and
FHEREAS, the applicant has met the burden of proof required to support
said application.; and
i*1EREAS, the Planning O mmission finds that the application meets the
follcwing requirements:
a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and are not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is
to be located.
b) That the property involved is adequate in size and shape to
accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and
above that of the capacity of the existing street system.
d) That the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 5-U-87 as set forth in the Minutes of the Planning
Commission Meeting of March 9, 1987, and are incorporated by reference as
though fully set forth herein.
Page - 2 -
SEMOCI II: PROJECT DESCRIPTION
Application No(s) 5-U-87 and 5-EA-87
Applicant: Jesse C. Han
Property Owner: Byer Properties
Location: Fast side of De Anza Boulevard, approximately
400 ft. North of Bollincrer Road
Parcel Area (Acs): 4.8 net
SECTION III: CONDITIONS AEND41STERED BY THE PLANNING DEPAKI2+D:NP
1. APPROVED E}4-IIBTTS
That the approval is based on Exhibit A of Application 5-U-87 except
as may be amended by additional conditions enumerated herein.
2. USE LTKrrATION
The subject Use Permit authorizes operation of a sit-down restaurant
with liquor service and banquet facilities. A maximum of 60 seats are
permitted, including banquet seating. Liquor sales shall be limited
to a "service bar" only, with no bar area seating provided separate
from that accommodated within the dining room.
Dancing, live music and entertainment activities are explicitly
precluded under this Use Permit.
3. PUBLIC II4Pf20VEMIIlIS
The property owner shall retain the option to immediately implement
various public improvements and provide payment of improvement fees
due the City of Cupertino as directed by the City Engineer, or to
record a covenant outlining the provisions of a deferral agreement
for said improvements, in accordance with the City Council Policy
adopted April 7, 1986.
4. MODIFICATION OF APPROVED DEVELOPMERr PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Commission.
RESOLUTION No. 2997 (5-U-87) 03/09/87
Page - 3 -
If the Director finds that the requested changes are: material, such
changes shall be referred to the Planning Commission for approval. If
the changes are denied by the Planning Commission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission,, an appeal may
be made to the City Council by any interested party. _Further, any
Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days from-the date of approval of said changes by the
Planning Commission.
PASSED AND . ADOrIEL) this 9th day of March, 1987, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll-call vote:
AYES: COMMISSIONERS: Adams, Claudy, Szabo and Chairman MacKenzie
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: ' Sorensen
ATTEST: APPROVED:
Elit(a144e0A_ --
Robert Cowan Donald MacKenzie, Chairman
• Planning Director Planning Commission
RSO5U(M--4)