Reso 4954 10-U-97(M)
CITY OF CUPERTiNO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4954
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO ALLOW THE CONCURRENT SALE OF
ALCOHOLIC BEVERAGES AND GASOLINE AT AN APPROVED SERVICE
STATION/CONVENIENCE STORE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described on Page 1 of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the use is in conformance with the General Plan of the City of Cupertino, and is not detrimental
to existing uses or to uses specifically permitted in the zone in which the proposed use is to be
located.
b) That the property involved is adequate in size and shape to accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and above that of the capacity of the
existing street system.
d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to
' property and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, e�ibits, 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 10-U-97(M) as set forth in the
Minutes of the Planning Commission Meeting of August 10, 1998, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 10-U-97(M)
Applicant: Chevron Products Company
Location: 10023 De Anza Boulevard
Resolution No. 10-U-97(M) August 10, 1998
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. PREVIOUS CONDITIONS OF APPROVAL
All prior use permit conditions for 10-U-97 shall remain in effect, unless in conflict with the
conditions of Approval for 10-U-97(M).
2. COMPLIANCE WITH MUNICIPAL CODE.
Applicant shall comply with Section 19.106.060 of the Cupertino Municipal Code.
3. LIMITATIONS TO SALE OF ALCOHOL
Sale of alcohol shall be limited to beer and wine, with no single servings of beer or wine being sold.
Sale of beer and wine shall cease at 11:00 p.m.
PASSED AND ADOPTED this lOth day of August, 1998, at a regular meeting of the Planning
� Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Harris, Mahoney, Stevens
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairwoman Austin
ATTEST: APPROVED:
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Robert S. Cowan Orrin Mahoney, Vice- airperson
Director of Community Development Cupertino Planning Commission
g/planning/res 10u97m