Reso 5079 4-U-97(mod.)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5079
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO BEGIN OPERATION OF A COMMERCIAL
BUSINESS AT 5:00 AM IN AN EXISTING ONE-STORY 6,000 SQ. FT. COMMERCIAL RETAIL
BUILDING
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for 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 IT 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 b'eginning 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 No. 4-U-97 (mod), as set forth in the
Minutes of the Planning Commission meeting of November 3, 1999, and are incorporated by reference
as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 4-U-97
Applicant: Huntsman Architectural Group
Location: Southwest corner of Wolfe Road and Homestead Road
Resolution No. 5079 4-U-97(mod.) November 3, 1999
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval listed in Planning Commission Resolution No. 4840 dated May
27, 1997 and Planning Commission Resolution No. 5023 dated March 22, 1999 remain in effect
unless changed by this resolution.
2. APPROVED EXHIBITS
The recommendation of modification approval is based on Vicinity Map; Site Plan, and Exhibit A
(Residential Proximity Map).
3. USE RESTRICTION
In the future, should any other use come to this location, the extended hours of this use permit
inodification shall no longer apply.
4. OUTSIDE SPEAKERS
In no case, shall the outside speaker system be audible beyond the property line.
PASSED AND ADOPTED this 3rd day of November, 1999, at a Special Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Harris, Kwok, Stevens and Chairman Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Corr
ATTEST: APPROVED:
v
l �
Robert Cowan David Doyle C airperson
Director of Community Development Cupertino Planning Commission
g:/pdreport/res/res4u97m