Reso 6402 M-2006-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6402
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/CONVEI�IIENCE STORE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
Modification, 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, 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
4 That the subconclusions upon which the findings and conditions specified in this resolution are based
i and contained in the public hearing record concerning Application M-2006-02 as set forth in the Minutes
of the Planning Commission Meeting of July 11, 2006, and are incorporated by reference as though fully
I set forth herein.
�
SECTION II: PROJECT DESCRIPTION
� Application No.: M-2006-02
Applicant: Rick Cole (Valero Gas Station)
Location: 10002 North De Anza Boulevard
Resolution No. 6402 M-2006-02 . July 11, 2006
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. PREVIOUS CONDITIONS OF APPROVAL
All prior use permit conditions for 5-U-98 shall remain in effect, unless in conflict with the
conditions of Approval for M-2006-02.
2. COMPLIANCE WITH MIJNICIPAL CODE.
Applicant shall comply with Section 19.106.060 of the Cupertino Municipal Code.
3. HOURS OF OPERATION
Hours of operation shall be 7 a.m. to 11 p.m.
4. ALCOHOLIC BEVERAGE CONTROL
The applicant is responsible for obtaining approval from the Alcoholic Beverage Control and shall
show proof of approval to the Community Development Department prior to the sale of beer and
wine.
PASSED AND ADOPTED this l lth day of July 2006 at a regular meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati, Wong
Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVE
, ,
Cl�' ` C� � J � � •
-/�C..�lLC C�-f G'�-�.�C'_�.�f� ;
Ciddy Wordel , City Planner for Mart 'il r, Chairperson
Steve Piasecki Cupertino anning Commission
Director of Community Development