U-1987-21b APPLICATION 21 U-87
CITY OF CUPERTINO
10430 S. DE ANZA BOULEVARD,
CUPERTINO, CALIFORNIA 95014
RESOLUTION NO. 3052
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A USE PERMIT TO OPERATE
AN EXISTING COCKTAIL LOUNGE AND EATING ESTABLISHMENT
INCLUDING ADDITION OF APPROXIMATELY 2,400
SQ. FT. OF FLOOR SPACE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the necessary 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 failed to meet the burden of proof required to
support this application, and has not satisfied the following
requirements:
1) That the use or uses are in conformance with the General Plan and
are not detrimental to existing uses specifically permitted in the
zone in which the proposed use is to be located.
2) That the property involved is adequate in size and shape to
accommodate the proposed uses.
3) That the proposed uses will not generate levels of traffic over and
beyond that of the capacity of the existing street system.
4) That the proposed uses are not otherwise detrimental to the health,
safety, peace, morals and general welfare of persons residing in the
neighborhood of such proposed uses, nor injurious to property and
improvements in the neighborhood of the site affected by the
application.
WHEREAS, the proposed facility is inconsistent with the General Plan which
discourages late evening and entertainment activities in the mid block
area along Stevens Creek Boulevard.
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 by the City Council of the City of
Cupertino; and
S
RESOLUTION NO. 3052 (21-U-87) 6/8/87
PAGE - 2 -
III
BE IT FURTHER RESOLVED
That the subconclusions upon which the findings specified in this
Resolution are based are contained in the Public Hearing record concerning
Application 21-U-87 as set forth in the Minutes of the Planning Commission
meeting of June 8, 1987, and are incorporated by reference as though fully
set forth herein.
SECTION II: DESCRIPTION OF PROJECT
Application No(s) 21-U-87 and 21-EA-87
Applicant: Raymond O'Flaherty
Property Owner: Victor Mandella
Location: South side of Stevens Creek Boulevard,
approximately 600 ft. westerly of Blaney
Avenue
Parcel Area (Acs) : 0.85 net
PASSED AND ADOPTED this 8th day of June, 1987,at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
® AYES: CCSSIONERS: Adams, Claudy, Sorensen, Szabo and Chairman
Mackenzie
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
Robert Cowan Dona -d1Mackenzie
Director of Planning Cupertino Planning 'ssion
RES21U87(MARK)
S
771-77 .77t
City Clerk 2584 Bonnie Dr.
City of Cupertino SaAta Clara, Ca 95051
10300 Torre Ave.*, ..J%4ly216,: 1987 -
FYI ..Cupertino, Cd 95014,
RE: Re Application '21-U-87,:,"
Dear Sir/Madam,
I wish to%refer to the*above application and advise
that I have decided:npt to pursue the matter,any further in
view 'of the 5-0 rejection by the City Planning,Conunission..
Please,;,theiefore, delete my application .front .the:..,City:
Council- agenda on ipnday July ' 2 0 1987-
x•
Y r sincerely
nd B. O'Flaherty
•
ON of Cupc""o
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408)252-4505
DEPARTMENT OF THE CITY CLERK
July 23, 1987
Raymond B. O'Flaherty
2594 Bonnie Drive
Santa Clara, CA 95051
CITY OOUNC3:L ACTION - APPLICATIONS 21-J-87 AND 21 -EA -87
P.O. Boa 580
Cupertino, California 95015
This will confirm the action by the City Calncil at their meeting of July
20, 1987 at which consideration of the subject items was removed front the
agenda at your request.
Sincerely,
--
D0RO1 iY coRN=s, a4C
CMY Cox
encl.
40 cc: Depar tent of Planning and Development
Bill McBee
nT rf i no Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Rosemary Callahan
19954 VIheaton Drive
Gi2pertino, Cif 95014
Promeduam Development
20300 Stevens Creek Blvd., Ste. 100
oipertino, CA 95014
Gary Schmidt
20020 Stevens Creek Blvd.
Qnpertino, CA 95014
John vidovirh
1307 S. Mary Ave.
Sunnyvale, CA 94087
cc: (continued)
LAM Biltmore Apartments
10169 S. Blaney Avenue
04m tine, CA 95014
manager
• Iake Biltmore Apartments
4675 Stevens Geek Blvd
Cupertino, CA 95014
Concepts West:, Ina.
1820 W. Caner Averuue
Campbell, CA 95008
Victor Mandella
20138 Stevens Creek Blvd.
Cupertino, CA 95014
0