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Reso 3090 APPLICATION 41-U-87 CITY OF CUPERTINO 10430 So. De Anza Boulevard CUPERTINO, CALIFORNIA 95014 RESOLUTION NO. 3090 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A USE PERMIT TO OPERATE A 1,600 SQUARE FOOT CONVENIENCE MARKET AT AN EXISTING GAS STATION I) SUBJECT Application No(s) 41-U-87 Applicant: ARCO Oil Property Owner: Same Location: Southwest corner of Foothill Boulevard and Silver Oak Way Parcel Area (Acs) : .63 net FINDINGS AND SUBCONCLIJSIONS: The Planning Commission makes the following findings with respect to the subject application: 1) The project may result in noise disturbances which will affect surrounding residents during sleep hours. 2) The proposed commercial activity is incompatible with the surrounding residential district, and conflicts with General Plan policy requiring • protection of residential areas which adjoin commercial sites from noise. 3) The use may be detrimental to the safety, peace, and general welfare of persons in the neighborhood. 4) The proposed sale of liqour is undesirable due to the following circumstances: 1) The site is proximate to established conventional residential and Senior Citizen residential land uses. 2) The site is proximate to an existing business establishment (Bateh Brothers Liquors) which offers retail sales of alcoholic beverages. 3) The proposed liquor sales aspect of the project increases the likelihood of litter, loitering and similar nuisance impacts. PASSED AND ADOPTED this 14th day of September, 1987, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll-call vote: AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo, and Chairman Mackenzie NAYS: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: .• • 2.00(Ak)ew, Robert Cowan Do ckenzie, Cha' Planning Director Planning Commission RS041U(D(MARKSTF)