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Reso 4389 13�J-91 C I T Y O F C U P E R T I N O 10300 Zbrre AverYUe Ct�ertino, California 95014 RE50L�TI'ION No. 4389 OF 'Ii� P'LANNIIJG C�CI�IISSION OF Tf� CITY OF CUPIIZTIlJO APPRpVING A USE PIId�'IIT F+OR A 2, 800 9Q. FT. LIQiJOR SPORE WITH INCIDIIQTAL WINE TASrING WIZi�N AN �STIIJG RETI�II.� �'I'F�t SDCTION I • FIl�DIlJGS Wf�2F.AS, the Planning Oce�unission of the City of C�ertino reoeived an application for a Use Permit, as described on Page 2 of this Resolution; arrd Wf�2E'AS, the applicant has met the burden of proof required to support said application; ar�d W�.S, the Planning Cw�unission fir�ds that the application meets the following requireme�lts: a) That the use or uses are in conformanoe with the Gex�eral Plan of the City of C'�ertino, and are not detrimental to existirig uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the property inwlved is adec��ate in size ar�d shape to a000arunadate the prap�sed use. c) That the proposed use will not generate a level of traffic over ar�d abave that of the capacity of the existirig street system. d) That the pro�osed use is othexwise nat detr�mental to the health, safety, peaoe, mr�rals and general woelfare of persons residing or working in the neighborhood of such prq�osed u.ses, nor injuriaus to PY'o'P�Y and i�roveme.nts in the neic�borhood. NC7W, �ORE, BE IT RF50LUID: 'IYLat after careful consideration of maps, facts, e�ibits, testiumny ar�d other evidenoe suhnitted in this matter, the application for Use Permit is hereby approved, subject to the oonditions which are enwmerated in this Resolution �J��J on Page 2 thereof ; aryd That the suboonclusions upon which the fir�dings ar�d conditions specified in this Resolution are based arid ooritained in th,e Public Hearing reoord conoerning Application 13-U-91 as set forth in the Minutes of the Planning C�enumission Meeting of JanuaYy 13, 1992, and are irioarporated by referenoe as thaugti fully set forth herein. Resolution No. 4389 (13-U-91) January 13, 1992 page _2_ SF]CTION II: PRQ7F)GT UATA Applicatioaz No (s) : 13 U 91 Applicant: Rekhi Bros. Inc. Pro�erty O�aner: Ovama 'I'rtast Project Loc,atian: 10091 N. DeAnza Houlevard S�LTION III: OONDIfiIONS 'Ib BE AI�IISTII2ID BY �UDTITY DEVECI�PN�Fr D�A�3�T 1. APPR�IID F�IIBI'I'S Ttie reoo�nex�dation of approval is based on the Site Plan �ibit ar�d Tenant Building Spaoe �ibit of 13-U-91, exoept as may be amendecl by the Cbnditions contained in this Resolution. 2 . USE T n�rrmA�*rpN 'The subject use permit authorizes operation of a 2,800 sq. ft. liquor store ar�d incidental wine tasting. The store hours of c�peration may be frcan 7:00 a.m. to 11:00 p.m. daily. Wir�e tasting is limited to a maxirrnmi of 2(two) days per week aryd a maxinami of 5(five) hours per day. Custcaner seating is prohibited. PASSID AND ADOP'I� this 13th day of January, 1992 at a R�gular Meeting of the Planning Coa�nission of the City of Cupertino, State of California, by the following roll call vote: AYES: oCd�SSIONF�2S: Austin, Fazekas, Mahoney, CY�airman MacJcenzie NOF� : C�C[�M�IISSIONF�2S : Mann ABSrAIl�T: OC[�Il�IISSIONIIZS: None ABSII�T: CX�M�LISSION�2.S: None ; APP'R�VID: . Robert Cvwan Donald Mackenzie, iYman Director of C7oa�rnxnity Develapment C'upertino Planning ion parresos/13u91