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File #: 20-85    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 1/13/2020 In control: Planning Commission
On agenda: 2/26/2020 Final action:
Title: Consent: Action on Use Permit to expand the sale of alcoholic beverages (existing ABC License Type 47) and a new outdoor dining patio area at the Cheesecake Factory restaurant located at 3041 Stevens Creek Boulevard.
Attachments: 1. Resolution Approving a Use Permit, 2. Conditions of Approval, 3. Letter of Justification, 4. Development Plans
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REPORT TO PLANNING COMMISSION
SUBJECT
Title
Consent: Action on Use Permit to expand the sale of alcoholic beverages (existing ABC License Type 47) and a new outdoor dining patio area at the Cheesecake Factory restaurant located at 3041 Stevens Creek Boulevard.

Report
REPORT IN BRIEF
Project: Use Permit to allow a new outdoor dining patio area and expansion of sale of Beer, Wine & Distilled Spirits (existing ABC License Type 47) at the existing Cheesecake Factory restaurant to the new 1,084 square feet outdoor patio area.

Applicant: Jared Taylor, The Cheesecake Factory Restaurant Inc.
Owner: Scot Vallee, Unibail-Rodamco-Westfield

General Plan: Regional Commercial (RGCO)
Zoning: Community Commercial (CC)
Site Area: Cheesecake Factory restaurant within the Westfield Valley Fair Mall.

Staff Recommendation: Approve the Use Permit to allow a new outdoor dining patio area and expansion of existing ABC License Type 47 at the existing Cheesecake Factory restaurant to the new outdoor patio area.

BACKGROUND
The existing Cheesecake Factory restaurant occupies a 12,656 square foot (sf) tenant space. The applicant is requesting a Use Permit to allow a 1,084 sf new outdoor dining patio area with 54 seats and expansion of sale of beer, wine & distilled spirits (existing ABC License Type 47) at the existing Cheesecake Factory restaurant to the new outdoor patio area. The hours of operation, along with the proposed sale of alcohol, are from 11:00 a.m. to 11:00 p.m. Monday through Thursday, 11:00 a.m. to 12:30 a.m. on Friday, 10:00 a.m. to 12:30 a.m. Saturdays and 10:00 a.m. to 11:00 p.m. Sundays.

DISCUSSION
The primary issues for the project are consistency with the City's General Plan and Zoning and parking.

Consistency with the General Plan
The subject property has a General Plan designation of Regional Commercial (RGCO). This classification is intended for retail and commercial uses that provide local and regional services. It is intended for commercial developments...

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