U-2005-05bMay 23, 2005
Mike Tsachres
1800 .Hillman Avenue
Belmont, CA 94002
City Hall
1.0300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
Re: Conduct a public hearing regarding the Blue Pheasant Restaurant, Application
Nos. U-2005-05, GPA -2005-02, Z-2005-03, and EA -2005-04, 22100 Stevens
Creek Blvd., APN 357-10-007
Dear Mr. Tsachres:
At its May 17, regular meeting, the City Council denied your application.
If you have any questions regarding this item, please contact the Community
Development. Department at 777-3308 for clarification.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petitionfor r reconsideration with the city
clerk within ten days after the council's decision. Any petition so filed must comply with
municipal ordinance code §2.08.096.
Sincerely,
Grace Schmidt
Deputy City Clerk
cc: Dept. of Community Development
Printed pR ,Pecyrcled P2"rer
ORDINANCE NO. 1962 (Not adopted)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REZONING OF A T'W'O -ACRE PARCEL FROM PUBLIC PARK OR RECREATION
(PR) TO PLANNED COMMERCIAL (P -COM)
WHEREAS, an application was received by the City (Application no. Z-2005-03) for the
rezoning of a property to Planned Commercial (P -Com); and
WHEREAS, the rezoning is consistent with the City's General Plan land use map,
proposed uses and surrounding uses; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the rezoning be granted; and
WHEREAS, a map of the subject property is attached hereto as Exhibit A as a proposed
amendment to the Master Zoning Map of the City of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the property described in attached Exhibit A is hereby rezoned to
Planned Commercial (P -Com), and that Exhibit A attached hereto is made part of the Master
Zoning Map of the City of Cupertino.
Section 2. This ordinance shall take effect and be in force thirty (30) days after its
passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 17th
day of May, 2005 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the day of , 2005, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk
Mayor, City of Cupertino
Z-2005-03
ZONING EXHIBIT
44N
•
N
LEGEND
P - Planned Development
,I - Single Family Residential
RIC - Single Family Residential Cluster
A - Agriculture
PR - Public Park / Open Space
1 S
U-2005-05
CITY OF CUPERTINO
10500 Torre Avenue
Cupertino, California 95014
F0=190182 1 1l7► 01OXMI.j
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A USE PERMIT FOR A RESTAURANT, BAR AND
NIGHTCLUB LOCATED AT 22100 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No(s): U-2005-05 (EA -2005-04)
Applicant: City of Cupertino (Blue Pheasant Restaurant)
Location: 22100 Stevens Creek Boulevard
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter, and
WHEREAS, the applicant has not met the burden of proof required to support said
application; and has not satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
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 denial.
Resolution No. 6298 Denial U-2005-05 May 10, 2005
Page 2
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No(s). U-2005-05
(EA -2005-04), as set forth in the Minutes of the Planning Commission Meeting of May 10,
2005.
PASSED AND ADOPTED this 10th day of May 2005, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice -Chair Miller and Chairperson Wong
NOES: COMMISSIONERS: Chen and Giefer
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Saadati
ATTEST:.
s Steve Piasecki
Steve Piasecki
Director of Community Development
G.\Planning\PDREPOIRT\RES\U-2005-05 res.doc
APPROVED:
s Gilbert Won
Gilbert Wong, Chairperson
Cupertino Planning Commission.