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PC Summary 07-11-06 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members From: Steve Piasecki, Director of Community Development Date: July 12, 2006 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE July 11,2006 Chapter 19.32 of the Cupertino Municipal code provides for a eal of decisions made b the Plannin Commission 1. Application M-2006-02; Rick Cole (Valero Gas), 10002 N. DeAnza Blvd Description Modification to a Use Permit (5-U-98) to allow the sale of alcoholic beverages and gasoline concurrently at an approved service station/ convenience store Action The Planning Commission approved the application on a 5 - 0 vote. The fourteen-calendar day appeal will expire on July 25, 2006. Enclosures: Planning Commission Report of July 11, 2006 Planning Commission Resolution No. 6402 g:planning/Post Hearing/summary to cc0711 06 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2006-02 Agenda Date: July 11, 2006 Applicant: Rick Cole for Valero Gas Station Owner: Christine Khaziri, Nevada De Anza Family Limited Location: 10002 North De Anza Boulevard, APN 316-26-095 Application Summary: Modification to a Use Permit (file no. 5-U-98*) to allow sale of beer and wine at an existing service station (*corrected file number) RECOMMENDATION: Staff recommends that the Planning Commission approve: 1. The use permit modification (file no. M-2006-02), in accordance with the model resolution. Project Data: General Plan Designation: Zoning Designation: Specific Plan: Project Consistency with: General Plan: Zoning: Environmental Assessment: Commercial/ Office/ Residential P- Planned Development Heart of the City Yes Yes Categorical Exemption BACKGROUND: The property is located on the northeast comer of De Anza Boulevard and Stevens Creek Boulevard. The lot consists of an existing 2,095 square foot service station and car wash on a 21,344 square foot lot. Surrounding properties include commercial properties to the north, east and west, and mixed use (commercial and residential) to the south. DISCUSSION: The applicant requests modification of a use permit 5-U-98 to allow sale of beer and wine at an existing service station. The City Council approved the use permit on November 2, 1998, to allow for a 1,230 square foot service station and 1,021 square foot car wash. At that time, the use permit provided for the convenience store, but did not approve beer and wine sales. Since the municipal code Chapter 19.106 requires a use permit for the concurrent sale of alcoholic beverages and gasoline, the existing use permit must be amended. I-J The municipal code allows for the concurrent sale of alcoholic beverages and gasoline in a General Commercial (CG) zone where it is compatible with existing uses (Exhibit A). This property is located at a major intersection and is not adjacent to residential development. Approved hours of operation are from 7 a.m. to 11 p.m., seven days a week. They are not approved to operate 6 a.m. to 12 p.m., as stated on their site plan, unless a use permit is granted for late hours. The proposal shall comply with the operational restrictions set forth in the municipal code Chapter 19.106. The applicant's letter cites Section 23958.4 of the Alcoholic Beverage Control Act (see Exhibit B). This section refers to "undue concentration" of licenses. The letter states that the Department of Alcoholic Beverage Control has determined that the census tract is not over concentrated; staff verified that this is so. Other gas stations with concurrent alcoholic beverages sales are: Chevron Chevron McElroy's Mobile Service 10023 S. De Anza Boulevard 11010 N. De Anza Boulevard 22510 Stevens Creek Boulevard Staff spoke with John Hirokawa of the Sheriff's Department regarding any concerns they might have. He stated that there have not been any problems with concurrent gas/ alcoholic beverage sales in Cupertino. Enclosures: Model Resolution Exhibit A - Concurrent Sale of Alcoholic Beverages and Gasoline, Chapter 19.106 Exhibit B - Alcoholic Beverage Control Act Section 23958.4 Exhibit C - Letter of Description Plan Set Prepared by: Noren Caliva -----, . Approved by: Steve Piasecki, Director of Community Developme~~ G:planning/pdreport/peUsereports/2006Ureports/M-2006-02.doe 2 1-2 M-2006-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION 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/CONVENIENCE 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 ~lanning 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 That the subconclusions upon which the findings and conditions specified in this resolution are based 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 set forth herein. SECTION IT: PROJECT DESCRIPTION Application No.: M-2006-02 Applicant: Rick Cole for Valero Gas Station Location: 10002 North De Anza Boulevard 1--3 Resolution No. Page-2- M-2006-02 July 11, 2006 SECTION ill: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. 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 MUNICIPAL 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. PASSED AND ADOPTED this 11th 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: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVE Steve Piasecki Director of Community Development g/planning/pdreport/res/2006/M - 2006-02 Marty Miller, Chairperson Cupertino Planning Commission J -Jt- EXHIBIT A 19.106.010 CHAPI'ER 19.106: CONCURRENT SALE OF ALCOHOUC BEVERAGES AND GASOUNE Section 19.106.010 19.106.020 19.106.030 19.106.040 19.106.050 19.106.060 19.106.070 Purpose. Applicability . Granting of use permit. Public hearing. Use permit grant or denial-Findings. Restrictions. Appeals. 19.106.010 Purpose. The purpose of this chapter is to establish regulations pertaining to those establishments which concurrently sell motor vehicle fuel and alcoholic beverages, including beer and wine. (Old. 1478, f 1 (part), 1988) 19.106.020 Applicability. This chapter applies to any establishment within a General Commercial (CG) zone which, pursuant to a conditional use permit, sells or proposes to sell, concurrently, alcoholic beverages, including but not limited to beer and wine, and motor vehicle fuel. (Old. 1478, ~ 1 (part), 1988) 19.106.030 Granting of Use Permit. An establishment subject to this chapter may be permitted where it, in the opinion of the Planning Commission, is compatible with existing and planned uses in the particular zone or neighborhood. (Ord. 1478, ~ 1 (part), 1988) . 19.106.040 Public Hearing. A. The Planning Commission, after having received an application for a conditional use permit by any person proposing a use which is subject to this chapter, shall set a time for' the holding of a public hearing thereon. . B. Any person may address the Planning Commission and present testimony regarding the particular conditional use permit application. (Old. 1478, f 1 (part), 1988) 19.106.050 Use Permit Grant or Denial-Fmdings. Written findings regarding the granting or denial of any conditional use permit subject to this chapter shall be made by the Planning Commission, and shall be based on substantial evidence in light of the entire adminilltrative record. (Old. 1478, f 1 (part), 1988) 19.106.060 Restrictions. Notwithstanding any other provisions of law, any establishment subject to this chapter shall abide by the following restrictions. These standards are the minimum state standards which do not limit local regulation otherwise permitted under Section 23790.5 of the Business and Professions Code: A. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler. B. No advertisement of alcoholic beverages shall be displayed at motor fuel islands. C. No sale of alcoholic beverages shall be made from a drive-in window. D. No display or sale of beer or wine shall be made from an ice tub. E. No beer or wine advertising shall be located on motor fuel islands and no self-illnminlltP.d advertising for beer or wine shall be located on buildings or windows. F. Employees on duty between the hours of ten p.m. and two a.m. who sell beer or wine shall be at least twenty- one years ofage. (Ord. 1731, (part), 1996; Old. 1478, f 1 (part), 1988) 19.106.070 Appeals. A. Any person aggrieved by a decision of the Planning Commission under the provisions of this chapter may appeal the decision to the City Council by tiling written notice of the appeal with the City Clerk within five days after the date of the decision. B. Such notice of appeal must state: 1. The asserted error; 2. The grounds upon which the appeal is taken; and . 3. The name of the party appealing. The notice of appeal must be signed by the party appealing, or by his agent. Such notice of appeal shall not be effective unless it is tiled with the City Clerk within the time required by subsection A of this section. C. A public hearing shall be held by the City Council within thirty days from the date of the tiling of the notice. 125 /-5 19.106.070 Cupertino - Zoning 126 D. Notice of the time and place of the hearing shall be given by mail. postage prepaid. and dispatched not less than ten days prior to the hearing to the applicant at his address as shown upon notice of appeal. E. The City Council shall hear the appeal. At the conclusion of the hearing. the Council may affirm, reverse or modify the action appealed; subject. however, to the provisions of this chapter. The findings and decisions of the City Council shall be entered upon the minutes of the City Council, and the decision shall be final and shall take effect as directed by the City Council. (Ord. 1478. ~ 1 (part), 1988) 1-- fc, CA Codes (bpc:23950-23962) of filing application for license, accompany the application license fee based upon a reasonable estimate of the amount of gallonage to be produced by the applicant. Exhibit B 23956. Any applicant for an offsale general license shall, at the time of filing application for such license, accompany the application with the minimum license fee required or such larger fee as the applicant elects. 23957. Applications for licenses for the retail sale of alcoholic beverages for premises which are to be constructed or which are in the process of construction shall contain the information required by this article and such other information concerning the proposed premises as the department may require to assist it in determining whether the proposed premises will qualify for a license. 23958. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals. The department shall deny an application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4. 23958.1. Notwithstanding the provisions of Section 23958, the department is not required to investigate the personal qualifications of a licensed beer and wine wholesaler who applies for additional beer and wine wholesaler licenses. 23958.2. Notwithstanding the provisions of Section 23958, the department is not required to investigate the personal qualifications or premises of a currently licensed person when a license is being transferred between partners and no new partner is being licensed. G395B~ (a) For purposes of Section 23958, "undue concentration" means the case in which the applicant premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported 1-7 http://www.1eginfo.ca. gOY 1 cgi-bin/ displaycode?section=bpc&group=2300 1- 24000&fi1e=23 95... 7/6/06 CA Codes (bpc:23950-23962) Page 4 of6 crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. (3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. (b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. The 90-day period shall commence upon receipt by the local governing body of (A) notification by the department of an application for licensure, or (B) a completed application according to local requirements, if any, whichever is later. If the local governing body, or its designated subordinate officer or body, does not make a determination within the 90-day period, then the department may issue a license if the applicant shows the department that public convenience or necessity would be served by the issuance. In making its determination, the department shall not attribute any weight to the failure of the local governing body, or its designated subordinate officer or body, to make a determination regarding public convenience or necessity within the 90-day period. (c) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geogr~phical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division" means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. /-'6 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=2300 1-24000&file=2395... 7/6/06 CA Codes (bpc:23950-23962) Page 5 of6 (5) "Retail licenses" shall include the following: (A) Off-sale retail licenses: Type 20 (off-sale beer and wine) and Type 21 (off-sale general). (B) On-sale retail licenses: All retail on-sale licenses, except Type 43 (on-sale beer and wine for train), Type 44 (on-sale beer and wine for fishing party boat), Type 45 (on-sale beer and wine for boat), Type 46 (on-sale beer and wine for airplane), Type 53 (on-sale general for train and sleeping car), Type 54 (on-sale general for boat), Type 55 (on-sale general for airplane), Type 56 (on-sale general for vessels of more than 1,000 tons burden), and Type 62 (on-sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A "premises to premises transfer" refers to each license being separate and distinct, and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed premises. (f) This section shall not apply if the premises have been licensed and operated with the same type license within 90 days of the application. 23959. If an application is denied or withdrawn, one-fourth of the license fee paid, or not more than one hundred dollars ($100), shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. The balance of this amount shall be credited on any taxes then due from the applicant under Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code or the Sales and Use Tax Law, and the remaining portion shall be returned to the applicant. 23961. (a) If, at the conclusion of the period prescribed by the department for the filing of applications for issuance or transfer of onsale general licenses or off sale general licenses in any county in its notice of intention to receive applications therefor published pursuant to Sections 23821 and 24070, the department finds that there are more applicants for the particular type of license than there are licenses available for issuance or transfer under Sections 23821 and 24070 the department shall, within 60 days following the conclusion of said period, conduct a drawing to determine the priority in which all of such applications filed with it shall be considered. No more than one such drawing shall be made in any county in anyone year, and no person will be entitled to more than one opportunity to participate in such a drawing in any county with respect to an application for issuance or transfer of anyone type of license. The number drawn by any applicant shall indicate the priority to be given to the consideration of his application but shall not insure the issuance of a license by the department. (b) If a drawing is not conducted as provided in subdivision (a) of this section, applications for issuance of original onsale general licenses and offsale general licenses in a county or transfer of 1-0 http://www.leginfo.ca. gOY 1 cgi -bin! displaycode?section=bpc&group=2300 1- 24000&file=23 9 5... 7/6/06 Aug 04 06 11 :50a RICK 408 EXHIBIT C DeAnza USA Gas Family Partnecship dba Cupertino Valero Carwash 10002 N De An2a Blvd. Cupertino, CA 95014 408-252-1997 July 5, 2006 Noren Caliva Planning Intem City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Public Convenience and Necessity Dear i\1:s. Caliva: In regard to Section 23958.4 of the Alcoholic Beverage ControL Act DeAnza, USA Gas Family Partnership, believes that the premises meet the requirements of public convenience and necessity for the fonowing reasons: 1. The proposed addition of off sale beer and wine license will be unique to this census tract, as there is no other type of this business, mini-market, gas station, and carwash; 2. The proposed addition of off sale beer and wine license is necessary to remain competitive with other gas stations, mini markets in the area. 3. According to the Department of Alcoholic Beverage Control, the census tract is not over concentrated with off sale alcoholic beverage licenses, and the proposed use would not contribute to an excess concentration of establishments which sell alcoholic beverages; 4. This gas station, mini-market and car wash would not adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area. \Xle believe tha.t our store has enrumced the surrounding community and neighborhood; 5. The proposed addition of an off sale beer and wine license would not impair the value of the property of other persons located in the vicinity of the site. The site has been operating for many years and is situated and oriented in such a manner that it would not adversely impact the residential uses or conflict with other businesses located on any street of this area..; 6. The proposed addition of off sale beer and wine sales is not located within 500 feet of any priva.te or public school; 7. The proposed addition of off sale beer and wine sales to the existing gas station, mini- market and car wash is adequately served by streets of sufficient width; 8. This proposed addition of sale of off sale beer and wine license operation would not interfere with the quiet enjoyment of the property by the residents that live within this area.; ( -10 Aug U4 UO 11 :b1 a RICK 4089990784 Page two July 5, 2006 9. The proposed sale of off sale beer and wine sales would not pose a detriment to the immediate neighborhood or worsen any current law enforcement problem as the sales would be incidental to the sales of the gas station, mini-market and car wash. 10. Many of my customers have requested that I add beer and wine sales to this mini- market as it would be a convenience for them) not having to go to another store to purchase beer or wine. Please call Rick Cole @ 408-297-2587 if you have any questions. Christine V. Khaziri General Partner Del\nza USA Gas Family Partnership p.2 ( ..-- /I SYNOPSIS NEVADA DEANZA FAMILY LIMITED PARTNERSHIP is applying for a MAJOR AMENDMENT (M) for EXISTING USE PERMIT at VALERO GAS, MINI MART & CAR WASH located at: 10002 N De Anza Blvd., Cupertino to ALLOW the Sales of Beer and Wine on a limited basis (See Site Plans Attached). NEVADA DEANZA FAMILY LIMITED PARTNERSHIP has been given a copy of Chapter 19.106: Concurrent Sale of Alcoholic Beverages and Gasoline and recognizes the Restrictions especially Section 19.106.060 with Restrictions that are the State Standards which do not limit local regulations otherwise permitted under Section 23790.5 of the Business and Professions Code. NEVADA DEANZA FAMILY LIMITED PARTNERSHIP will comply with all of the Restrictions with reference to the above referred to Chapter 19.106 and any other reasonable conditions that the Cupertino Planning Department may place on NEVADA DEANZA FAMILY LIMITED PARTNERSHIP regarding the sales of beer and wine at 1002 N De Anza Blvd.) Cupertino. NEVADA DEANZA FAMILY LIMITED PARTNERSHIP has a pending Department of Alcoholic Beverage Control Application for a beer and wine license (type 20-off sale beer and wine). The Department has told NEVADA DEANZA FAMILY LIMITED PARTNERSHIP they need at PCN Letter from Local Governing Body. Investigator Gordon Gordoun from ABC Department will verify that NEVADA DEANZA FAMILY LIMITED PARTNERSHIP'S location at 1002 N De Anza Blvd.) Cupertino is Not in a High Crime Area and is Not in a Census Tract that is over concentrated with Off Sale Alcoholic Beverages. 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' """~ ~ ~ ~"'""\ g n\ ~ ~ ~~ ~\ "" 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/CONVENIENCE 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 That the subconclusions upon which the findings and conditions specified in this resolution are based 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 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 Page-2- M-2006-02 July 11,2006 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. 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 MUNICIPAL 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 wme. PASSED AND ADOPTED this 11th 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 COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none NOES: ABSTAIN: ABSENT: ATTEST: APPROVE /s/Ciddy Wordell Ciddy Wordell, City Planner for Steve Piasecki Director of Community Development /s/Martv Miller Marty Miller, Chairperson Cupertino Planning Commission I f,r" t ;' . I J1- (A.. to @'tP,Pft'!hVYJt()'f:.,I(,/-t<-.'1'.'" v (l d rUh-, J /tJ-e cr c/- oj it i( YtJ-fu f~ - LA~ f:J- ~~vt.-vt(, S..U,tly Il{ ~ t,l((; --6Jq V1 .. f'rSft - 11 'f ~ ~ C. ,.t-. t>. - :, '-<. '-,_./ ~- r )r. J ~ w ~ ~ ~ ~ 2 & ' '- --t. ~ ~ \' ~ -C. ~ <' '''' -. c; tt- ...:r ~ '" c.--. ~ ~ ~5\s.' \" ~ tIl\~ ;0 0 \ ~ trJ, I ~ < \ ~ t"l I U \S\ ~ ~ <.. tl\ Z ~ (') ~ ~ ~ ~ --"> L"'~f'-(.!:'!v',- 'c:y .1 ^' (/ vi"rt iAY( ~:.., ~ ZA 1Jt () u ~ ",V~ rl-D ~! 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