2003-0892 - Steve Lu [Applicant] Cherry Chase Investors [Owners] - Application for a Use Permit on a 5.47-acre site to allow a new 2,500 square foot restaurant in Cherry Chase Shopping Center.  The property is located at 649 South Bernardo Avenue, Suite B in a C-2/PD (Highway Business/Planned Development) Zoning District.  (APN: 198-16-004)  CC

In attendance: Steve Lu, Applicant; Dan Traiv; Gerri Caruso, Administrative Hearing Officer; Christine Cannizzo, Project Planner; Diana O’Dell, Senior Planner; and, Gloria Barron, Recording Secretary.

Ms. Gerri Caruso, Administrative Hearing Officer, on behalf of the Director of Community Development, explained the format that would be observed during the public hearing.

Ms. Caruso announced the subject application.

Christine Cannizzo, Project Planner, presented the staff report.  She noted a correction to the staff report and stated that the application should have been for a Special Development Permit and not a Use Permit because of the Planned Development Zoning District.  She then summarized the subject application and recommended approval of the Special Development Permit subject to the Conditions of Approval.

Ms. Caruso confirmed with staff that the Findings provided in attachment 1 for the Use Permit would also be the same for the Special Development Permit. Staff agreed. Ms. Caruso did not have any further questions. 

Ms. Caruso opened the public hearing.

Steve Lu, Applicant, received and reviewed a copy of the staff report. Mr. Lu did not have any questions or comments.  Ms. Caruso referred to Condition of Approval #5 and asked Mr. Lu if extending the business hours either in the morning or evening hours would be helpful to his business.  Mr. Lu responded that he could extend the hours to be from 11:00 a.m. to 11:00 p.m.  Ms. Caruso suggested the hours of 8:00 a.m. to 11:00 p.m. to allow some flexibility in case there is a special event in the morning or the business is sold.  Mr. Lu agreed. 

Ms. Caruso closed the public hearing.

Ms. Caruso made a modification to Finding #2 to state that the proposed project would not negatively impact surrounding existing uses or future development of surrounding properties because it is an existing built shopping center with adequate parking for the use and is not located adjacent to residential uses.

Ms. Caruso approved the Special Development Permit with the modified Finding and modified Condition of Approval #5 to state that the hours of operation shall be limited from 8:00 a.m. to 11:00 p.m.

Ms. Caruso stated that the decision is final unless appealed during the 15-day appeal period.

The meeting was adjourned at 2:08 p.m.

Minutes approved by:

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Gerri Caruso, Principal Planner