Reso 2983 APPLICATION 30-U-86
CITY OF CUPERTINO
10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014
110 RESOLUTION NO. 2983
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A USE PERMIT TO
OPERATE A 1,350 SQUARE FOOT CONVENIENCE MARKET AT AN
EXISTING GAS STATION AND TO OPERATE ON A 24-HOUR A DAY BASIS
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the necessary notires have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission
has held one or more Public Haarings on this matter; and
WHEREAS, the applicant has failed to meet the burden of proof required to
support this application, the hearing record demonstrates that:
1) The project may result in noise disturbances which will affect
surrounding residents during sleep hours.
2) The proposed late-night commercial activity is incompatible with the
surrounding residential district.
3) The proposal conflicts with the General Plan which requires protection
from noise of residential areas which adjoin commercial sites.
4) The use may be detrimental to the safety, peace, and general welfare
of persons 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 denial by the City Council of the City of
Cupertino; and
BE IT FURTHER RESOLVED
That the subconclusions upon which the findings specified in this
Resolution are based are contained in the Public Hearing record concerning
Application 30-U-86 as set forth in the Minutes of the Planning Commission
meeting of January 12, 1987 and are incorporated by reference as though
fully set forth herein.
RESOLUTION No. 2983 (30-U-86) 01/12/87
Page - 2 -
SECTION II: APPLICATION DESCRIPTION
Application No(s) 30-U-86
Applicant: Arco Oil
Property Owner: Arco Oil
Location: Southwest corner of Foothill Blvd. and
Silver Oaks Way
USE PERMIT To convert the existing service bays for a gasoline
station to a convenience market with 24 hour operation and package
liquor sales, and continue dispensing of motor fuels, also on a 24
hour basis.
PASSED AND ADOY1'Eu this 12th day of January, 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: Claudy, Adams, Sorensen, Mackenzie, Chr. Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
III
Qtrtit(Arw-0,44
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Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission