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U-1985-04(mod)b 4-U-85 (Mod.) Ola Hassan Ciry Hall � ' I0300 Torte Avenue Cupertino,CA 95014-320? Telephone: (408)777-32?3 � ��)'"� FAX: (408)777-3366 Ctl��C:,1`t 1210 OFFICE OF THE CIIY CLERK November 21, 199S Ola Elassan Ola's Restaurant and Night Club 10905 North�Volfe Road Cupertino,California 95014 CITY COUNCIL ACTION - PUBLIC I�ARING TO CONSIDER REVOCATION OF USE PERMIT, APPLICATION NO. 4-U-85 (1�IODIFIED), ALLOWING LATE EVE1�tING ACTIVITIES AT OLA'S RESTAURANT AND IYIGHTCLUB LOCATED AT 10905 NORTH WOLFE ROAD At their regular meeting of November 20, 1995, the CupeRino City Council revoked the conditions contained in the approval of Application No. 4-U-85 (Modified), which allowed the extension of Friday and Saturday closing hours subject to certain restrictions. The late evening closing hours will now reveR to 2:00 a.m.and all previous conditions of Resolution No 9195 shall apply. This action of the Council talces effect immediately. If you have any questions regazding this action, please contact the Department of Community Development staff inembers for clarification. Sitf�erely, �" �� ����a�- ROBERTA WOLFE DEPUTY CITY CLERK KS/cs cc: Department of Community Development Dep;u-tment of Public Works Charles Newman Capt.Robert E.Wilson Tandem Computers,Inc. Santa Clara Co.SherifFs Dept. c/o CEN Real Property 14374 Saratoga Avenue 10050 N.Wolfe Road Saratoga,CA 95070 Cupertino,CA 95014 �^�fPO J�n'2i:C.P4�'30C/ RESOLUTION NO.9195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MOD[FYING THE CONDITIONS OF APPROVAL FOR USE PERbtlT APPLICATION 4-U•85 OLA HASSAN (FORMERLY SNEAKERS OF NORTHERN CAL.IFORN[A) _�______ City FI�II �� 10300 Torrc Avenuc Cupertinu,CA 95014-3202 � � Tclephonc: (4q8)777-32?3 l'ii� ui' FA:C: (408)777-336G ��ll�)L 1'tlllO OFFICC OF THE CITY CLGRI: November 7, 1995 Ola Hassan Ola's Restaurant and Night Club 1090�North Wolfe Road Cupertino,Califomia 95014 CITY COUNCIL ACTION - PUBLIC HEARING TO CONSIDER REVOCATION OF USE PERI`IIT, APPLICATION NO. 4-U-85 (MODIFIED), ALLOWING LATE GVENING ACTIVITIES AT OLA'S RESTAURANT AND NIGHTCLUB LOCATED AT 10905 NOR'CH WOLFE ROAD At their regular meeting of November 6, 1995,the Cupertino City Council continued considcration of this item to their meeting of November 20,1995. If you have any questions regarding this action, please contact the Department of Community Development staff inembers for clarification. Sincer�� <`_��, KIMBERLY�MITH>CMC C[TY CLERK KS/cs cc: Department of Community Development Department of Public Works Chnrles Newman Tandem Computers,Inc. c/o CEN Real Property 10050 N.Wolfc Road Cupertino,CA 95014 �,.,,,.,,,,,�ir„�:-,,,� �n"„ Ciry H�II � 10300 Torre Avenue Cupertino,CA 95014-3�0? Telephone: (408)777-3?3) I �_ ('ii� ul' FAX: (408)777.3366 , Ctl�)CltlllO OFFICE OF THE CITY CLERI� September 20, 1994 � Ola Hassan Ola's Caribbean,Cajun and African Restaurant 10905 North Wolfe Road Cupertino,Califomia 9501�3 CONSIDERATION OE REVOCATION OF USE PERMIT 4-U-85 CONCERNING THE OPERATION OF A RESTAURANT AND DRINKING ESTABLISHMENT IINOWN AS OLA'S CARIBBEAN CAJUN/�+►FRICAN RESTAURANT AND NIGHT CLUB LOCATED �T 10905 NORTH WOLFE ROAD At their regular meeting of September 19, 1994,the CupeRino City Council adopted Resolution No. 9195 which modifies the conditions of approval for Use Permit 4-U-85. The findings and conditions are as follows: FINDINGS: 1. Santa Clara Counry Sheriffs records demonstrate u pattem of unlawful activity resulting&om the operation of the subject facility. The unlawful activity results in public safety problems and abnormally high policing costs. ''. The restaurant bar periodically caters to lazge numbers of minors which resulu in uncvly crowds which are difficult to manage. ADDITIONAL CONDITIONS: I. The Sheriffs Department has the right to review a security plan and may require increases in security to ensure the safety of the public. 2. Law enforcement officers shall have the right to make periodic inspections of the restaurant during normal operating hours to evaluate the potential for possible policing problems such as overcrowding and serving alcohol to minors. 3. The applicant shall eliminate"under 21"seating for live enter[ainment events, ,�<<�,,,:,,a�•�.�•:�•,,�.����„ Application 4-TM-94 Page� Page 2 If you havc any questions regarding this action or need additional information, please contact the Department of Community Development. Sincerely, ,;�',:,it_.__� -�..�- '�� '-- , -� � �-,� � �a..� �/� KIM hir+.RIE SMITH //�"`�C[TY CLERK �� '•,' KS/cs cc: Department of Community Development Department of Public Works I Rev.Kraps Capt.Bob Wilson Good Samuritan Methodist Church Santa Clara Co.Sheriff s Dept. 14624 Homestead Road 14374 Saratoga Avenue Cupertino,CA 95014 Saratoga,CA 95070 Ciry Hall � 10300 Turre Avenue Cupnrtino,CA 9501J•3'03 � it� ��I' Trlrphanr. (408)777•3??3 FAX: (408)777.3366 Ctt��l:I"t lIl U OFFICE OF THE CITY CLERI� August 15, 1995 Ola Hassan Ola's Restaurant and Night Club 10905 North Wolfe Road Cupertino,Califomia 95014 CITY COUNCIL ACTION-APPLICATION 4-U-85(MODIFIED)-OLA HASSAN,TANDENt COMPUTERS, INC. - USE PERMIT MODIFICATION TO ALLOW LATE EVENING ACTIYITIES AT 10905 NORTH WOLFE ROAD At their regulaz meeting of August 7, 1995,the CupeRino City Council approved this application per Plannin�Commission Resolution No.4623 with the following conditions: CFS,'TiON 1[l�CONDIT(ONC ADMINIC'['Ef�FD BY THF COMMUN[TY DFVELOPMENI'DFPT 1. APPROVED USES The use permit modification is approved to allow the commercial business to extend its Friday and Saturday closing hours&om 2:00 a.m.to 5:00 a.m.the following momings. Furthermore, the commercial business may continue to be used for all permitted uses in the General Commercial ordinance contained in Chapter 19.56 of the Cupertino Municipal Code. The approved uses are permitted subject to the security restrictions stated in conditions 2 und 3. 2. SFC'URTY COND[TIONS The approved uses for the commercial building may be permitted with the following security requirements: At a minimum,the curcent level of security at the site must be maintained. Should the level of customers increase, the level of security must increase to a level adequate to control any problem crowds. ■ At the request oF the Santa Clara County Sherifl's Department,applicant shall revise personnel guidelines to scate "all violations of criminal law or city ordinancr shall be immrdiatelv repoRed to the Santa Clara County Sheriff s Department at all timcs." � 3. 41`C-h10NTH TFZIAL PERfOD Said use permit modification shall be granted for a six-month trial period. During the trial period,staff will monitor Sheriff activiry at the site as well as any neighborhood complaints. If, at the end of the trial period,the establishment continues to operate in an acceptable manner(a manner consistent with normally acceptable operation characteristics of eating and drinl:ing establishments as defined by law enforcement), the use permit madification will remain effective. Should it operate in an unacceptable manner,the use permit shall be scheduled for a hearing before the Planning Commission to consider whether the use permit modification shall continue in force. 4. RFVOCATION OF tiSE PERMIT Use permit may be revoked at any time, through the revocation process established in the Cupertino Municipal Code,should applicant not meet the conditions stated in this resolution. If you have any questions regarding this action, please contact the Department of Communiry Development staff inembers for clarification. Sincerely, C� ,�(iYlfi KIMBERL�TH,CMC CITY CLERK KS/cs cc: Deparunent of Commwuty Development Department of Public Works Charles Newman Tandem Computers,Inc. c/o CEN Real Property 10050 N.Wolfe Road Cupertino,CA 95014 4-U-85(Modified) CITY OF CUPERTINO 10300 Torre Avcnuc Cupertino,Calil'omia 95014 RESOLUTION NO. �G23 OF THE PLANNING COMMISSION OF TH�C1TY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION TO E?CTEND HOURS OF OPERATION OF RESTAUE2ANT AND NIGHT CLUB SECTION i: FINDINGS WHEREAS,the Planning Commission of the City of Cupertino received an application for a Use Pennit modification,as described on Page l of this Resolution;and WHEREAS,the applicant has met the burden of proof required to support said application;and WFiEREAS,the Planning Comrnission finds that the application meets the following requirements: a) That the use is in conformance with the Genersl Plan of the City of Cupertino,and is not detrimental to existing uses or to uses speci£cally 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 lavel of traffic over and above that of the capacity of the esisting 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 tivs matter, the application for use permit is hereby recommended for npproval, subject to the conditions which are enumerated in this Resolution begirming 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 conceming Application 4-U-85 (Mod.) as set forth in the Minutes of the Planning Commission Meeting of July 24, 1995, and are incorporated by reference though fully set forth herein. SECT[UN ll: PRUJECT DESCRIPTION Application No.: 4-U-85(Modi6ed) Applicant: Ola's Restaurant and Night Club Property Owner: Tandem Computers Location: 10905 North Wolfe Road Rrsulution No. 4623 d-U-85(Moditied) July 24,1995 Pagr-3- tiI�CTInN ilI•C(�N1�IT(ONS ADhtINISTFRED BY THE COhItiI11NITY D�V�[ OPNIFNT i�FnT 1. �PPROVEQUSES 1'l�r use permit modification is approved to allow the commercial business to extend its Friday and Saturday closing hours from 2:00 a.m. to 5:00 a.m. the following mornings. Furthermore, the commercial business may continue to be used for all permitted uses in the General Commercial Ordinance contained in Chapter 19.56 of the CupeRino �lunicipal Code. The approved uses are perniitted subject to the security restrictions stated in conditions 3 and 3. 2. S .CURITY CONDITIONS The approved uses for the commercial building may be permitted with the following security requirements: At a minimum, the cuaent level of security at the site must be maintained. Should the level of customers increase, the level of securiry must increase to a level adequate to control any problem crowds. At the request of the Santa Clara County Sheriff Department,applicant shall revise personnel guidelines to stnte"all violations of criminal law or city ordinance shall be immediately reported to the Santa Clara County Sheriff Department. Security personnel will fully cooperate and provide support to the Santa Clara Counry Sheriff Department at all times:' 3. SI\-MONTH TRiAL PF.ROD Said use permit modification shalt be granted for a six month trial period. During the trial period staff will monitor Sheriff activity at the site as well as any neighborhood complaints. If at the end of the trial period, the establishment continues to operate in an acceptable manner (a manner consistent with normally acceptable operating characteristics of eating and drinking establishments as defined by law enforcement),tlie use permit modification will remain effective. Should it operate in an unacceptable manner, the use permit shall be scheduled for a hearing before the Placuiing Commission to consider whether the use permit modification shall continue in force. 4. REVOCATION OF USF.PERMIT Usc permit may be revoked at any time, through the revocation process established in the Cupertino Municipal Code,should applicant not meet the conditions stated in this resolution. R�solution No. 4623 4-U-85(Modified) July 24, 1995 Pagc-3- PAS3ED AND ADOPTED this 24th day of July, 1995, at a regular meeting of tlie Plaru�ing Commission of the City of Cupertino,State of Califomia,by the following roll call vote: AYES: COMMISSIONERS: Austin,Harris,Nlahoney and Chairman Doyle NOES: COMMISSIONERS: None ABSTAIN: CONINIISSIONERS: None ABSENT: CONiMISSIONERS: Roberts ATTEST: APPROVED: /s/ Robert S.Cowan /s/ Dnvid Dovle Robert S.Cowan David Doyle,Chnirman Director of Community Development Cupertino Planning Commission .