Reso 6018 3-U-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6018
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR LATE EVENING HOURS TO MIDNIGHT AND FOR
INSTALLING A PARKING LOT DROP BOX AT A VIDEO STORE IN AN EXISTING SHOPPING
CENTER(MCCLELLAN ROAD AND S. DE ANZA BOULEVARD)
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; since the use is adequately separated from residential uses and is located
within an established commercial shopping center.
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.
3) The proposed use meets the Criteria for Review of Drive-Through Uses in that the location of the
drive-through facility will not disrupt traffic flow, will be screened with landscaping, will lessen
automobile emissions by eliminating engine restarts and meets the requirements for stacking.
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 beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are based and
Icontained in the public hearing record concerning Application No. 3-U-00 as set forth in the Minutes of the
Planning Commission of April 10, 2000, and are incorporated by reference as though fully set forth herein.
I
Resolution No. 6018 3-U-00 April 10, 2000
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No.: 3-U-00
Applicant: Fredric Divine Associates
Location: 10465 S. De Anza Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "Proposed Hollywood Video", sheet SD-1 dated January
18, 2000, as amended by Exhibit B.
2. LANDSCAPING
The applicant shall provide a landscaping plan,to be approved by staff, for the street frontage along
DeAnza Boulevard subject to Exhibit B, prior to installation of the video drop-box.
3. HOURS OF OPERATION
Hours of operation are extended until midnight.
,
4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this lOth day of April, 2000, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
i
� AYES: COMMISSIONERS: Corr, Kwok, Stevens and Chairperson Harris
I NOES: COMMISSIONERS: Doyle
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
( ,
ATTES . APPROVED.
I ^ �
� � ,/' �
Steve iasecki Andrea Harris, Chairperson
Director of Community Development Cupertino Planning Commission
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