Ordinance 1477
ORDINANCE N0. 1477
AN ORDINANCE OF THE CITY COONCIL OF THE CITY AF CUYERTINO ;
AMENDING SECTION 6 OF ORDINANCE N0. 1344 REGULATING
GENERAL COMMERCIAL (CG) ZONES AND DECLARING THE URGENCY THEREOF
'WHEREAS, Chapter 176 of the 1987 Statutes of the
State of California, codified as California Government
Code Section 23790.5 which provides, inter alia, that no
City "shall, by ordinance or resolution adopted on or
after January i, 1988, legislatively prohibit the
concurrent retailing of motor vehicle fuel and beer and
wine for off-sale consumption in zoning districts where
the zoning ordinance allows motor vehicle fuel and
off-sale beer and wine to be retailed on separate sites"
and further provides that "this section shall not
prevent a-city, county, or city and county from denying
permission, or granting conditional permission, to an
individual applicant to engage in the concurrent
retailing of motor vehicle fuel with beer and wine for
off-premises consumption and pursuant to a valid
conditional use permit ordinance "; and,
WHEREAS, the public well-being will be greatly
impacted unless a conditional use permit ordinance is
enacted to provide for the administrative review of
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applications for the engagement in the concurrent
retailing of motor vehicle fuel with beer and wine for
off-premises consumption; and,
WHEREAS, the absence of such a conditional use
permit ordinance may affect those persons who. wish to
present the City with an applicant to engage in the:
activities described herein;
NOW, THEREFORB, BE IT ORDAINED BY THE CITY OF
CUPERTINO:
Section I: Section 6 of Ordinance No. 1344 of the
City of Cupertino is hereby amended to read as follows:
Section 6: Conditional Uses-Use Permit Required:
The following uses may be permitted in locations
where they, in the opinion of the Planning Commission,
are compatible with existing and planned uses in the
neighborhood. All uses shall be conducted entirely
within enclosed buildings or patios, including the
parking of vehicles subject to storage, repair or other
work, but excluding employee and customer parking. The
Use Permit shall specify the use or uses to be
permitted.
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a. Automobile, trailer, tire and boat sales and
rental, limited to new'and'used vehicles in operable
condition.
. b.• Commercial`parking and parking garages.
c. Convenience markets.
d. Botels, motels and boarding homes ''~
e. , -Liquor stores: - '°
f. .Drinking establishments.
g. Full service restaurants with or without a
separate bar facility, fast food restaurants with or
without a separate bar facility, and any entertainment
activities (e.q., dancing, live music) in association
with a full service or fast food restaurant.
h. Commercial entertainment establishments, such
as indoor theaters, bowling alleys, billiard pool`` `
parlors, dance halls, and skating rinks.
i. Lodges and restricted membership clubs`as`'
principal uses of buildings= fraternity and sorority
houses.
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j. Child care centers, day nurseries and
playgrounds accessory to a commercial establishment:
~-~~ k. .Vocational and specialized schools,.dance and
music studios, gymnasiums and health clubs.
1. Limited food processing with retail outlets on
the same premises; caterers.
m. Pet shops and facilities foc bathing,
clipping, trimming and similar services for pets,
commonly called "Poodle Parlors".
q. .Speciality food stores such as bakeries, donut
shops, ice. cream stores, produce markets and meat
markets, or similar establishments where food is
prepared and/or sold primarily for consumption off the
premises.
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r. •Laundry agencies-and self-service
launderettes.
s. Retail dry cleaning establishments, provided
that the solvents used in the cleaning process shall be
non-flammable and non-explosive and are in fluid-tight
cleaning units approved by the State Fire Marshall. No
dry cleaning is permitted of clothes other than those
delivered to the establishments by retail customers.
t. Outdoor Uses - The following uses may be
permitted as outdoor uses in locations where they, in
the opinion of the Planning Commission, are compatible
with existing and planned uses in the neighborhood: The
Use Permit shall specify the uses to be permitted
outdoors-and the location of these uses.
i. Automobile service stations.
ii'. Automobile washing facilities.
- iii. Automobile, trailer, tire and boat sales
and rentals, limited to new and used vehicles in'
operable condition.
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z..
iv. Bue`terminals and stations:
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• s
v. Fast food or full service restaurants
operated wholly or partly in outdoor areas other than
enclosed patios.
vi. Drive-through establishments. ;;s
. u. Establishments which concurrently sell,
alcoholic beverages, including beer and wine, and „
cLasoline .
v. Other uses which,. in the opinion: of the
Planning. Commission,. are consistent with the character
of a General Commercial (CG) zone, are. of the .same
,.general character as the uses listed in the above
Sections a through q and are. not objectionable by; reason
of odor, duet, smoke, glare, .fumes, radiation,
vibration, noise, traffic or litter.
Section II. Enforcement. The City Clerk is
hereby authorized, and instructed:to file a; certified
copy of this ordinance upon its becoming effective with
the Sheriff's Office of the County, of Santa Clara, State
of California.
Section III. This ordinance is an urgency measure
necessary for the immediate preservation of-the public
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well-being and shall become effective immediately upon
adoption. .The facts constituting such urgency are:
-1. ..Chapter 176 of the 1987 Statute of the State
of California prohibits the legislative prohibition of
the concurrent retailing of motor vehicle fuel and beer
and wine for off-sale consumption, and allows applica-
tions to engage in such activities to be administrative-
ly reviewed pursuant to a conditional use permit applica-
tion.
,,
2. The City of Cupertino wishes to `comply with
said statute forthwith.
3. The lack of such a conditional use permit ordi-
nance as described in said statute would be inimical to
the public well-being in that persons who wish to engage
in those activities described herein will not have an
available administrative review process and those per-
sons affected by such proposed activities will not have
an available administrative review process.
Section IV. The provisions of this ordinance
shall be effective immediately upon its passage and
shall remain in effect until superseded by a revising
ordinance.
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PASSED FOR PUBLICATION OF TITLE this t9rh day
of- December . ]9~ , by the following-vote:
...Vote:; ~ Membera'of the City Councils
Ayess,, Gatto,~Johason, Koppel, Rogers, Plungy >-_
NoBs s - 'None . ~ ,, ~.
Absents ' None. ,.. ,,.
Abstains None' ~.. °;_ ;
ATT TS // APPROVED:
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eputycCltq C er yOt C ty o ttino
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