U-1978-17b 17-U-78
RESOLUTION NO. 1882
OF THE PLANNING COMMISSION OF TIFF CITY OF CUPERTINO
•RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW A
DISCOTHEQUE (INCLUDING LIVE MUSIC AND DANCING) TO
OCCUPY APPROXIMATELY 1,200 SQ. FT.IN HOULIHAN'S
RESTAURANT IN THE ORCHARD VALLEY MARKET PLACE.
APPLICANT: Robert Altevers and Company
ADDRESS : 3475 Via Oporto, Newport Beach, California 92663
SUBMITTED: July 26 , 1978
LOCATION: Southeast corner of Stevens Creek Boulevard and Portal Avenue
Approval is recommended subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning Commission meeting
of September 11, 1978.
C ONDITIONS :
1 -14. Standard Conditions to the extent that they do not conflict with the
special conditions enumerated herein. In the event a conflict does
exist, the special conditions enumerated herein shall apply.
15. That the approval is based upon Exhibits A, B and C of Application 17-U-78
as may be amended by additional conditions contained herein.
• 16. That this approval allows the applicants to have dancing and/or live music
with the provision that the dance floor area shall not exceed 250 sq. ft.
and shall be located as shown on the approved exhibits.
17. In no case, shall noise levels produced by the dance floor or live music
. operation be audible at the perimeter property line of the Orchard Valley
Market Place Shopping Center. The applicant shall immediately abate any
violation of this provision.
PASSED AND ADOPTED this llth day of September, 1978, 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, Gatto, Koenitzer, Chairman Blaine
NAYS: None
ABSTAIN: None
ABSENT: None
APPROVED:
ATTEST:
/s/ Sharon Blaine
Sharon Blaine, Chairperson
GU/CA
Planning Commission
® ' i
Robert Cowan
Assistant Planning Director
-2-
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505 410
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND-
ING APPROVAL OF A USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a USE PERMIT, as stated on Page 2; and
WHEREAS, the applicant has met the burden of proof required to support
said application; and
WHEREAS, the. Planning Commission finds that the application meets the
following requirements:
a. That the use or uses are in conformance with the general plan
and is 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 beyond 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 use
nor injurious to property and improvements in the neighbor-
hood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application of the USE PERMIT
is hereby recommended for approval, subject to the conditions stated
on Page 2; and
BE IT FURTHER RESOLVED:
That the aforementioned findings be approved and adopted, and that the
Secretary be, and is hereby directed to notify the parties affected by
this decision.
-1 (continued on Page 2) 411
17-U-78
RESOLUTION NO. 1883 (Minute Order)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
411 REQUESTING THAT THE CITY COUNCIL ENSURE THAT THE
OWNER OF THE ORCHARD VALLEY MARKET PLACE SHOPPING
CENTER AND THE STAFF WORK OUT A SOLUTION TO CORRECT
THE PROBLEMS OF NOISE AND JUVENILE DISTURBANCES •
RESULTING FROM UNLIMITED ACCESS TO THE AREA BEHIND
THE SHOPPING CENTER AS SOON AS POSSIBLE.
410 PASSED AND ADOPTED this llth day of September, 1978, 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, Gatto, Koenitzer, Chairman Blaine
NAYS: None
ABSTAIN: None
ABSENT: None
APPROVED:
/s/ Sharon Blaine
Sharon Blaine, Chairperson
Planning Commission
ATTEST:
C4dter-WCMA
Robert Cowan
Assistant Planning Director
410
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