Reso 6700 U-2012-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6700
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW THE CONCURRENT SALE OF MOTOR VEHICLE FUEL
AND ALCOHOLIC BEVERAGES AT AN EXISTING GAS STATION AT 1699 SOUTH DE ANZA
BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: U-2012-02
Applicant/property owner: Atam Sandhu
Location: 1699 South De Anza Boulevard (APN: 366-10-120)
SECTION II: FINDINGS FOR USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a) 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;
b) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the City's zoning ordinances.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,
the application for a Use Permit, Application no. U-2012-02 is hereby approved, 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. U-2012-02 as set forth in the
Minutes of Planning Coinmission Meeting of May 22, 2012, and are incorporated by reference as though
fully set forth herein.
Resolution No. 6700 U-2012-02 May 22,2012
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on Exhibits titled, "Gas Station, Food Mart, and Car Wash, 1699 S. De Anza
Blvd., Cupertino, CA 95014," prepared by MI Architects, dated March 5, 2012 consisting of three
pages labeled SD1, A1.1, and A2.1 except as may be amended by the conditions contained in this
Resolution.
2. USE APPROVAL
Approval is hereby granted to allow the concurrent sale of motor vehicle and alcoholic beverages,
specifically beer and wine. Sales of beer and wine shall cease at 11:00 pm. The applicant shall comply
with Chapter 19.132 of the Municipal Code.
The Planning Cominission shall review amendments to the project considered major by the Director
of Community Development.
3. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past site approvals, including,but not limited to U-2009-02,
ASA-2009-02, EXC-2010-10 shall remain in effect unless superseded by or in conflict with the
conditions contained in this resolution.
4. ABC APPROVAL
The applicant shall obtain all licenses/approvals as required from the State of California Department
of Alcohol and Beverage Control prior to sales of alcoholic beverages.
5. LAW ENFORCEMENT SUPPORT
The property owner shall pay for any additional Sheriff enforcement time resulting from
documented incidents related to alcoholic beverage sales at the City's contracted hourly rate with the
Sheriff Department at the time of the incident.
6. USE PERMIT REVIEW/ADDITIONAL RESTRICTIONS
If complaints have been received related to the tenant(s) under this use permit, and the complaints
were not addressed immediately by the property owner, then the Planning Commission shall
conduct a public hearing on the use permit at which time, the approval for concurrent sale of motor
vehicle fuel and alcoholic beverages may be modified or revoked.
The City reserves the right to require additional security patrols and/or restrictions as prescribed by
the Sheriff's Office.
7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other agencies with regard to the proposed project for
additional conditions and requirements. Any misrepresentation of any submitted data may
invalidate an approval by the Community Development Department.
8. 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
Resolution No. 6700 U-2012-02 May 22,2012
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 22nd day of May, 2012, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller, Vice Chair Sun, Brophy, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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ity Planner Planning ominission