U-1990-03 (modified)bCity Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
November21, 1995
Sophia Yang
Siren's Assoc. Inc.
10100 South De Anza Boulevard
Cupertino, California 95014
CITY COUNCIL ACTION - APPLICATION NO. 3-U-90 (MODIFIED) - ACEL REALTY
(SIREN'S), WELLS FARGO BANK - USE PERMIT MODIFICATION TO EXTEND
BUSINESS HOURS TO 24 HOURS, TO ALLOW OUTSIDE SEATING AREA, TO REDUCE
ONE PARKING SPACE AND TO INCLUDE SALE OF FLOWERS. THE PROPERTY IS
LOCATED AT 10100 SOUTH DEANZA BOULEVARD
At their regular meeting of November 20, 1995, the Cupertino City Council approved your application
per Planning Commission Resolution No 4652 with the following conditions:
The recommendation of approval is based on exhibits entitled: "Sirens Associates, Inc." and
consisting of three sheets, a site plan, a first and second floor plan and a detail sheet, dated
November 13, 1995, except as may be amended by the conditions contained in this resolution.
MENEFUMMINWil►1 el N193 NEW•t•
All conditions of approval in Application No. 3-U-90 remain in effect, except as may be
amended by the conditions contained in this resolution or by the approved exhibits.
s a OR tel•ll 53 .1 WIN RIM cilly 1 to Ir•
Business hours are extended from 6 a.m. to 1 a.m. Said extension of business hours shall be
granted for a six-month trial period. During the trial period, City staff will monitor Sheriff
activity at the site, as well as any neighborhood complaints. At the end of the trial period, a
public hearing will be scheduled before the Planning Commission, at which time the Planning
Commission will determine if the use permit modification will remain effective.
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4. i1,SE LTMiTATIONS
The permitted uses are a florist operation and sit-down restaurant. Limited outdoor sales of cut
flowers and indoor plants are also allowed.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development staff members for
clarification. Failure to incorporate conditions into your plan set will result in delays at the plan
checking stage. If development conditions require tree preservations, do not clear the site until
required tree protection devices are installed.
The expiration date for the use permit is November 20, 1997. (Section 6.4 of Ordinance No. 652 as
revised by Ordinance No. 1136).
Sincg
OBERTA WOLFE
DEPUTY CITY CLERK
RW/cs
cc: Department of Community Development
Department of Public Works
Phillip Savio Wells Fargo Bank
Cupertino Sanitary District Corporate Properties Group
20065 Stevens Creek Blvd. 11 I Sutter St., 22nd Floor
Cupertino, CA 95014 San Francisco, CA 94163
3-U-90(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4652
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT MODIFICATION TO EXTEND BUSINESS HOURS FROM 6
A.M. TO I A.M., TO ALLOW OUTSIDE SEATING AREA, AND ALLOW A
FLORIST OPERATION FOR AN EXISTING RESTAURANT LOCATED AT 10100 SOUTH
DE ANZA BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application Ibr a
Modification of 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 met the burden of proof required to support said application; and has
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 1T 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 3-U-90(M) set forth in the Minutes
of the Planning Commission Meeting of, October 23, 1995 and November 13, 1995. and are
incorporated by reference as though fully set forth herein.
s
Resolution No. 4652 3-U-90(Ivl) November 13, 1 095
Page-2-
Application No.: 3-U-90(M)
Applicant: Acel Realty (Sirens Corp.)
Property Owner: Wells Fargo Bank
Location: 10100 South De Anza Boulevard
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Sirens Associates, Inc." and
consisting of three sheets, a site plan, a first and second floor plan and a detail sheet, dated
11/13/95, except as may be amended by the Conditions contained in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All conditions of approval in Application No. 3-U-90 remain in effect, except as may be amended
by the Conditions contained in this resolution or by the approved exhibits.
3. TRIAL. PERIOD FOR LATENEGHT OPERATIONS
Business hours are extended from 6 am. to 1 am. Said extension of business hours shall be
granted for a six-month trial period. During the trial period, City staff will monitor Sheriff
activity at the site as well as any neighborhood complaints. At the end of the trial period, a public
hearing will be scheduled before the Planning Commission at which time the Planning
Commission will determine if the use permit modification will remain effective.
4. USE LIMITATIONS
The permitted uses are a florist operation and sit-down restaurant. Limited outdoor sales of cut
flowers and indoor plants are also allowed.
PASSED AND ADOPTED this 13th day of November, 1995, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris, Mahoney, Roberts and Chair Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
/s/ Robert S. Cowan
Robert S. Cowan
Director of Community Development
APPROVED:
/s/ David Doyle
David Doyle, Chairman
Cupertino Planning Commission
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APPROVAL 3-U-90 (Mod)
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APPROVAL 3-U-90 (Nod.)
Planning Commission: N November 13, 1995
City Council: 39 November 20,1995
Signature:
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APPROVAL .3-U-90 (Mod!)
Planning Commission: 39 November 13, 1995
City Council: X November 0, 1995
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