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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. ^�•cc ;m R—Cled Cdpe, 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 CaLIAVERUE {fl aad I. 'sly Y_ IG _ 'C � -L D 4 �B 4 -(DM •' ro 0 0 art nr I L z ��6igi LID DRIVE it 1T, pp$ ' d Z a 3 O q n i ^ ti £ 33 APPROVAL 3-U-90 (Mod) Planning Commission: X November 13, 1995 e SJOWS ASYCCm TES. Z C-. co, CoCouncil.Novenr r 20, 1995 C10100 80UTH M ANZA SCUEVAAID CSbMTM, C J.!FCMMA 0 M ! Signature: "' } Ca anag STORAGE EOMOOR UO c•S fiUT74- O�Er Ima • Y!G WTiCal 30 T"�® n�Cam' SECOND FI.QOH PLAN APPROVAL 3-U-90 (Nod.) Planning Commission: N November 13, 1995 City Council: 39 November 20,1995 Signature: Case Naager FLcEi5?" P900"Ts FIRST FLOOR PLAN 1/f . 1'•f /.... bo't,. "s = pr�L " -iF Cl/Ts,UE SEAT'n!T DET41[�!J 1P4Anl'A bE AN -A 91-110 SIDS I SC 28EN6D Ws rq 4 F� TAc - O� iDSNANTNUS Ft'A6�2A/vS) FGac�2 PGANI51 0 L AW) W17V 2 FECr TWL OF(eSEdj cCA14G Fc�'L(/�) dN -rNE P101�c�SSD� I + APPROVAL .3-U-90 (Mod!) Planning Commission: 39 November 13, 1995 City Council: X November 0, 1995 Signature: Case M r ESPAl1 E2 TR6�-u' 4'µ x 4! V✓ D6COKATrD W. ro (P=NK JaSM='V VJ- NE) See pietwe for ,erallo Pt4A17V /9" F(A*TEP W-:- ((A.CDEN14� �a p;cfuro {cr (JLC)vrR F.e'•X� 47 dd w4cr yArr TYp FNfRFNfE 9L1il y of /ZEVG</coD PtA,✓rc2 ficx�,c IN TcIE p1r7LPE o RQA. !i%13py5,—