PC 02-14-2023 Searchable PacketCITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
This will be a teleconference meeting with no physical location
Tuesday, February 14, 2023
6:45 PM
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Government Code 54953(e), this will be a teleconference meeting
without a physical location to help stop the spread of COVID-19.
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 5:00 p.m. on Tuesday, February 14 to the Commission at
planningcommission@cupertino.org. These e-mail comments will be received by the
Commission members before the meeting and posted to the City’s website after the
meeting.
2) E-mail comments during the times for public comment during the meeting to the
Commission at planningcommission@cupertino.org. The staff liaison will read the emails
into the record, and display any attachments on the screen, for up to 3 minutes (subject to
the Chair’s discretion to shorten time for public comments). Members of the public that
wish to share a document must email planningcommission@cupertino.org prior to
speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
comments as follows:
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item.
To address the Commission, click on the link below to register in advance and access the
meeting:
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Planning Commission Agenda February 14, 2023
Online
Please click the link below to join the webinar:
https://cityofcupertino.zoom.us/webinar/register/WN__-eXoa4fQ7OM6Es4bGE0ug
Phone
Dial: (669) 900 6833 and enter Webinar ID: 987 6086 7835 (Type *9 to raise hand to speak)
Unregistered participants will be called on by the last four digits of their phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 987 6086 7835
SIP: 98760867835@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Chair calls for the item on which you wish to speak, click on “raise hand.”
Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
ROLL CALL
NEW BUSINESS
1.Subject: Election of Planning Commission Chair and Vice Chair, and Committee and
other representatives
Recommended Action: Elect Planning Commission Chair and Vice Chair, make
Committee selections and adopt Hearing schedule for 2023.
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Planning Commission Agenda February 14, 2023
Staff Report
1 - 2023 PC Committee Assignments
2 - 2022 PC Committee Assignments
3 - Municipal Code chapter 2.32 Planning Commission
APPROVAL OF MINUTES
2.Subject: Approve the January 24 Planning Commission meeting minutes
Recommended Action: Approve the January 24 Planning Commission meeting
minutes
1 - Draft Minutes
POSTPONEMENTS - None
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
WRITTEN COMMUNICATIONS
CONSENT CALENDAR - None
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans for a project may make an appointment with the Planning Division to view them at City
Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during
the hearing to consider the proposal.
3.Subject: Consider a Conditional Use Permit for the concurrent sale of alcoholic
beverages and gasoline at an existing Chevron gasoline service station. (Application
No.: U-2022-006; Applicant: Steve Rawlings on behalf of Chevron Stations; Location:
11010 N De Anza Blvd; APN# 309-42-041)
Recommended Action: That the Planning Commission adopt the proposed draft
resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Conditional Use Permit (U-2022-006)
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Planning Commission Agenda February 14, 2023
Staff Report
1 - Draft Resolution
2 - Plan Set (Abridged due to limitations of state law)
3 - Security Plan
4 - Project Description
OLD BUSINESS
STAFF AND COMMISSION REPORTS
This time is reserved for brief announcements from staff or for Commissioners to make a brief report on
his or her own activities they have taken part in related to the Planning Commission since the prior
regularly scheduled meeting.
4.Subject: 2023 Planning Commissioners Academy
Recommended Action: Accept information on Planning Commissioners Academy
registration
1 - 2023 Planning Commissioners Academy
FUTURE AGENDA SETTING
ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in
Planning packet archives linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff
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Planning Commission Agenda February 14, 2023
concerning a matter on the agenda are included as supplemental material to the agendized item. These
written communications are accessible to the public through the City’s website and kept in packet
archives. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
Members of the public are entitled to address the Planning Commission concerning any item that is
described in the notice or agenda for this meeting, before or during consideration of that item. If you
wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker
request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the
item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to
address the Planning Commission on any other item not on the agenda, you may do so by during the
public comment portion of the meeting following the same procedure described above. Please limit your
comments to three (3) minutes or less.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
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CITY OF CUPERTINO
Agenda Item
22-11820 Agenda Date: 2/14/2023
Agenda #: 1.
Subject: Election of Planning Commission Chair and Vice Chair, and Committee and other
representatives
Elect Planning Commission Chair and Vice Chair, make Committee selections and adopt Hearing
schedule for 2023.
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PLANNING COMMISSION STAFF REPORT
Meeting: February 14, 2023
Subject
Consider election of Planning Commission Chair and Vice Chair, Committee
representatives and 2023 Hearing Schedule
Recommended Action
Elect Planning Commission Chair and Vice Chair, make Committee selections and adopt
Hearing schedule for 2023.
Discussion
Election of Chair and Vice Chair
The current Chair is Commissioner Scharf and the Vice Chair is Commissioner
Madhdhipatla. The Planning Commission has historically made selections for Chair and
Vice Chair based on seniority and rotated this selection among Commissioners. The
prior year’s Vice Chair is typically elected as the Chair. This information is provided for
information only as the Commission has discretion in the manner for Chair and Vice
Chair election. The Planning Commissioners are listed below with additional
information provided related to term and appointment date:
Name Appointed Term Term ends
Muni Madhdhipatla (current Vice Chair) January 2021 First January 2025
R Wang January 2021 Second January 2025
Steven Scharf (current Chair) January 2021 First January 2025
David Fung January 2023 First January 2027
Seema Lindskog January 2023 First January 2027
Committee Representatives
Required Representatives:
The Municipal Code (Chapter 2.84) requires one Planning Commissioner to serve as one
of the five Environmental Review Committee (ERC) members. Historically, the Chair of
the Planning Commission has been the representative to the ERC. However, the
Commission may select any member of the Commission as the representative.
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The Municipal Code (Chapter 2.90) requires the Design Review Committee (DRC) to be
comprised of the Planning Commission Vice Chair and one additional Planning
Commission representative, appointed by the Planning Commission. The Commission
should also select an alternative representative for each of these Committees.1
Additionally, the Mayor conducts a monthly meeting with Commissioners, speaking to
representatives from each legislative body regarding updates and announcements.
Currently, this meeting is held every second Wednesday of the month at 5:00 p.m. and is
subject to change if there are scheduling conflicts. The representatives each month are
usually determined by availability of Commissioners and not necessarily on a fixed
rotation.
Other:
Each year, the Planning Commission sends a representative to the Economic
Development Committee (EDC) to help enhance awareness and communication with
Cupertino business owners. The Commission may choose a representative to continue
this.
As a matter of interest, the Planning Commission historically selects a representative to
attend Housing Commission meetings for ongoing coordination. The selected Planning
Commissioner is an observer at these meetings, is not a voting member and does not have
a term of office. The selection is usually determined by voluntary Commissioner interest.
Commission Calendar:
Municipal Code section 2.32.050 specifies that Planning Commission meetings are held
on the 2nd and 4th Tuesdays of each month at 6:45 p.m. However, the Commission may
decide to recess specific dates in the Summer and Winter. For the Commission’s
information, on January 17, 2023, the City Council adopted its meeting schedule for
2023, which set forth a summer recess for the month of August.
_____________________________________
Prepared by: Cyrah Caburian, Administrative Assistant
Reviewed and Approved for Submission by: Piu Ghosh, Planning Manager
Attachments:
1 – 2023 Planning Commission Committee Assignments
2 – 2022 Planning Commission Committee Assignments
3 – Municipal Code chapter 2.32 Planning Commission
1 It should be noted that at its 1/25/2023 meeting, the Council provided direction to staff to
prepare ordinance amendments to dissolve these committees and reassign their duties. These
amendments are currently being prepared and until such time as the Council takes action, these
Committees are expected to continue business as usual.
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Finalized XX/XX/2023 CC
2023 Planning Commission
Committee Assignments
Planning Commission – Monthly, 2nd & 4th Tuesday, 6:45p
Chair –
Vice Chair –
Commissioners –
2022: Chair – Scharf, Vice Chair – Madhdhipatla
Mayor’s Meeting w/ Commissioners – Monthly, 2nd Wednesday, 5:00p
January 11 – meeting canceled July 12 –
February 8 – Madhdhipatla August 9 –
March 8 – September 13 –
April 12 – October 11 –
May 10 – November 8 –
June 14 – December 13 –
January 10, 2024 – February 14, 2024 –
Special Interests:
Design Review Committee
Chair –
Commissioner –
Alternate –
2022: Chair – Madhdhipatla, Commissioner – Kapil, Alternate – Wang
Environmental Review Committee
Representative –
Alternate –
2022: Representative – Scharf, Alternate – Madhdhipatla
Housing Commission
Representative –
Alternate –
2021: Representative – Scharf, Alternate – Madhdhipatla
Economic Development Committee
Representative –
Alternate –
2022: Representative – Scharf, Alternate – Wang
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Finalized 02/22/2022 CC
2022 Planning Commission
Committee Assignments
(All meetings via teleconference unless otherwise determined.)
Planning Commission – Monthly, 2nd & 4th Tuesday, 6:45p
Chair – Scharf
Vice Chair – Madhdhipatla
Commissioners – Kapil, Saxena, Wang
2021: Chair – Wang, Vice Chair – Scharf
Mayor’s Meeting w/ Commissioners* – Monthly, 2nd Wednesday, 5:00p
January 12 – Madhdhipatla July 13 – Wang
February 9 – Wang August 10 – Scharf
March 9 – Scharf September 14 – Saxena
April 13 – Kapil October 12 – Kapil
May 11 – Saxena November 9 – Scharf
June 8 – Madhdhipatla December 14 – Wang
January 11, 2023 – Madhdhipatla (1/25/22) *Determined PC 1/11/22
Design Review Committee – Monthly, 1st & 3rd Thursday, 5:00p
Chair – Madhdhipatla
Commissioner – Kapil
Alternate – Wang
2021: Chair – Scharf, Commissioner – Saxena, Alternate – Madhdhipatla
Environmental Review Committee – Monthly, 1st & 3rd Thursday, 9:30a
Representative – Scharf (Accepted by City Council 2/15/22)
Alternate – Madhdhipatla
City Council representatives – Moore, Paul (alternate)
2021: Representative – Wang, Alternate – Kapil
Housing Commission – Monthly, 2nd Thursday, 9:00a
Representative – Saxena (Determined PC 2/22/22)
Alternate – Kapil
2021: Representative – Scharf, Alternate – Madhdhipatla
Economic Development Committee – TBD
Representative – Scharf
Alternate – Wang
City Council representatives – TBD
2021: Representative – Kapil, Alternate – Saxena
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CHAPTER 2.32: PLANNING COMMISSION*
Section
2.32.010 Established.
2.32.020 Terms of Office.
2.32.030 Vacancy or removal.
2.32.040 Chairperson.
2.32.050 Meetings.
2.32.060 Amendments–Records.
2.32.070 Powers and functions.
2.32.080 Procedural rules.
* For statutory provisions regarding the establishment of a city planning commission, see Gov. Code
§ 65100 et seq. -- See Title 17, Zoning.
* Prior ordinance history: Ords. 5, 5(b), 5(c), 5(d), 167, 1166, 1213, 1321, 1459, 1549 and 1697.
2.32.010 Established.
The City Planning Commission is established. The City Planning Commission shall consist of five
members, none of whom shall be officials or employees of the City and none of whom shall cohabit
with as defined by law, nor be related by blood or marriage to any other member of the Commission,
the City Manager or the staff person(s) assigned to this Commission. The five members shall be
appointed by the City Council. Each member shall be a qualified elector in and resident of the City.
Each member shall receive compensation as established by resolution of the City Council.
(Ord. 1787, § 1 (part), 1998)
2.32.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The term of office of the members of
the Planning Commission shall be four years and shall end on January 30th of the year their term is
due to expire. No commissioner shall serve more than two consecutive terms except that a
commissioner may serve more than two consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment, and rules governing incumbent members of the Commission
are governed by the Resolution of the City Council which governs advisory bodies.
(Ord. 18-2180, § 1 (part), 2018; Ord. 1974, § 4 (part), 2006; Ord. 1787, § 1 (part), 1998)
2.32.030 Vacancy or Removal.
Any appointed member may be removed by a majority vote of the City Council. If a vacancy occurs
other than by expiration of a term, it shall be filled by the Mayor ’s appointment for the unexpired
portion of the term.
(Ord. 1787, § 1 (part), 1998)
2.32.040 Chairperson.
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The commission shall elect its Chairperson and Vice- Chairperson from among its members. The
terms of the Chairperson and Vice-Chairperson shall be for one year.
(Ord. 2015, § 7, 2008; Ord. 1787, § 1 (part), 1998)
2.32.050 Meetings.
A. The City Planning Commission shall hold regular meetings on the second and fourth Tuesdays
of each month at six forty-five p.m. and may adjourn any regular meeting to a date certain, which shall
be specified in the order of adjournment and when so adjourned, such adjourned meeting shall be a
regular meeting for all purposes. Such adjourned meetings may likewise be adjourned and any so
adjourned meeting shall be a regular meeting for all purposes.
City Planning Commission meetings that fall on legal holidays shall automatically be moved to the
following day.
B. Special meetings of the Commission may be called at any time by the Chairperson or by any
three or more members of the Commission upon written notice being given to all members of the
Commission and received by them at least twenty-four hours prior to the meeting, unless notice
requirement is waived in writing by the member.
(Ord. 1942, 2004; Ord. 1787, § 1 (part), 1998)
2.32.060 Amendments–Records.
A. The affirmative vote of not less than a majority of its total voting members is required to approve
a recommendation to amend the zoning ordinance; the affirmative vote of a majority present with a
quorum present is required to take any other action.
B. The Commission shall keep an accurate record of its proceedings and transactions, and shall
render such reports to the Council as may be required by ordinance or resolution, and shall submit an
annual report to the Mayor. These records shall be filed with the City Clerk.
(Ord. 18-2180, § 1 (part), 2018; Ord. 1787, § 1 (part), 1998)
2.32.070 Powers and Functions.
The powers and functions of the City Planning Commission shall be as follows:
A. Prepare, periodically review, and revise as necessary, the General Plan;
B. Implement the General Plan through actions including, but not limited to, the administration of
specific plans and zoning, subdivisions, and sign ordinances;
C. Annually review the capital improvement program of the City and the local public works projects
of other local agencies for their consistency with the General Plan (pursuant to Sections 65400 et seq.
of the California Government Code);
D. Endeavor to promote public interest in, comment upon, and understanding of the General Plan,
and regulation relating to it;
E. Consult and advise with public officials and agencies, public utility companies, civic, educational,
professional, and other organizations and citizens generally concerning implementation of the General
Plan;
F. Promote the coordination of local plans and programs with the plans and programs of other
agencies;
G. Perform other functions as the City Council provides including conducting studies and preparing
plans other than those required or authorized by state law;
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H. Establish as needed a standing subcommittee of the Commission for Design Review. The
Planning Commission shall decide appeals of the Design Review Committee for the purposes of
conducting design review on projects that properly come before the Design Review Committee for
review, and conduct design review of a project as required by Chapters 2.90, 19.132, 19.134 and of
the Cupertino Municipal Code.
(Ord. 1844, § 1 (part), 2000; Ord. 1787, § 1 (part), 1998)
2.32.080 Procedural Rules.
The Planning Commission may adopt from time to time such rules of procedure as it may deem
necessary to properly exercise its powers and duties. Such rules shall be subject to approval by the
Council before becoming effective. All such rules shall be kept on file with the Chairperson of the
Planning Commission and the Mayor and a copy thereof shall be furnished to any person upon
request.
(Ord. 1844, § 1 (part), 2000; Ord. 1787, § 1 (part), 1998)
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CITY OF CUPERTINO
Agenda Item
22-11819 Agenda Date: 2/14/2023
Agenda #: 2.
Subject: Approve the January 24 Planning Commission meeting minutes
Approve the January 24 Planning Commission meeting minutes
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DRAFT MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, January 24, 2023
REGULAR MEETING
At 6:45 p.m. Chair Scharf called the Regular Planning Commission meeting to order. This was a
teleconference meeting with no physical location.
ROLL CALL
Present: Chair Steven Scharf, Vice Chair Muni Madhdhipatla, Commissioners Sanjiv Kapil,
Vikram Saxena (joined at 6:46 p.m.), R Wang. Absent: None. All Commissioners teleconferenced
for the meeting.
APPROVAL OF MINUTES
1. Subject: Approve the December 13 Planning Commission minutes
Recommended Action: Approve the December 13 Planning Commission minutes
Commissioner Wang moved and Chair Scharf seconded to approve the December 13
Planning Commission minutes. Ayes: Scharf, Kapil, Saxena, Wang. Noes: None. Abstain:
None. Absent: None.
POSTPONEMENTS ‐ None
ORAL COMMUNICATIONS
Jennifer Griffin spoke about allocating funds towards road maintenance.
WRITTEN COMMUNICATIONS – None
CONSENT CALENDAR – None
PUBLIC HEARINGS
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Planning Commission Minutes January 24, 2023
2. Subject: Consider an appeal of Condition of Approval no. 16: Grading and Construction
Hours and Noise Limits of the Director of Community Development’s approval of two,
Two‐Story Permits to allow two new two‐story residences on adjacent properties.
(Application Nos.: R‐2022‐015 and R‐2022‐016; Applicant: Mike Chen; Property Owner:
Tracy Hsu; Appellants: James Quinn; Location: 11226 Bubb Road; APN# 362‐06‐036)
Recommended Action: Conduct a public hearing and adopt a resolution (Attachment 1)
denying the appeal and upholding the Director’s decision to approve the applications.
Planning Manager Piu Ghosh introduced Associate Planner Emi Sugiyama who gave
presentation on application for property owner at 11226 Bubb road for two two‐story
residences with no balconies and ADUs. The project was approved by the Director of
Community Development on November 17, 2022, and on December 1, 2022, appellant
filed an appeal to regarding condition 16 of action letter for construction hours to start
from 7:00 a.m. instead to 8:00 a.m. to be consistent with Municipal Code regulations for
landscaping hours of activities.
Due to the differences between construction and landscaping activities as outlined in the
Municipal Code, and noting that there is about 70 feet of distance between appellant’s
property and proposed construction sites, staff recommended the decision be upheld.
No written communications from the public and neighbors were received before or during
the meeting.
Appellant James Quinn, and Property owners Tracy Hsu and Cindy Hsu each addressed
the Commission.
Chair Scharf opened the public comment period and the following people spoke:
Jennifer Griffin asked how close new residences will be to appellant’s property, and
suggested a 7:30 a.m. start time.
Chair Scharf closed the public comment period.
Associate Planner Sugiyama, Planning Manager Ghosh, appellant and applicants
answered questions from the Commission regarding municipal code regulations for
construction activities in other cities, excessive noise level complaints, and whether
construction crews would provide outlines of tasks.
Wang moved and Vice Chair Madhdhipatla seconded to deny appeal and uphold the
Director’s decision and adopt resolution. Ayes: Madhdhipatla, Kapil, Saxena, Wang.
Noes: Scharf. Abstain: None. Absent: None.
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Planning Commission Minutes January 24, 2023
OLD BUSINESS – None
NEW BUSINESS – None
STAFF AND COMMISSION REPORTS
Planning Manager Ghosh reported on the following:
Upcoming events for the Revitalize Memorial Park Specific Plan including an online
survey live on EngageCupertino through October 9, 2023 and a pop‐up display at Diwali
on October 8th
Planning Commissioners will be trained on hybrid meetings at Community Hall before the
first March Planning Commission meeting
Planning Commission academy, March 29‐31 in Garden Grove; Administrative Assistant
Caburian will be coordinating travel accommodations for attending Commissioners
Commissioner Kapil forwarded an email regarding the Smart Cities initiative and will be
forwarded by the staff liaison to the rest of the Commission
Commissioner Wang reported out on recent attendance at CALE meetings in which cities are
challenging the State’s RHNA number calculations.
Chair Scharf report out on recent attendance at CALE meetings and recent ballot initiatives that
impact local jurisdictions and development interests.
FUTURE AGENDA SETTING
5g Architectural Design Standards (Wang, Saxena)
Generational school ratio reports (Wang, Saxena)
ADJOURNMENT
At 7:44 p.m., Chair Scharf adjourned the meeting.
_/s/Cyrah Caburian____________________
Cyrah Caburian, Administrative Assistant
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CITY OF CUPERTINO
Agenda Item
22-11847 Agenda Date: 2/14/2023
Agenda #: 3.
Subject: Consider a Conditional Use Permit for the concurrent sale of alcoholic beverages and
gasoline at an existing Chevron gasoline service station. (Application No.: U-2022-006; Applicant:
Steve Rawlings on behalf of Chevron Stations; Location: 11010 N De Anza Blvd; APN# 309-42-041)
That the Planning Commission adopt the proposed draft resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Conditional Use Permit (U-2022-006)
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PLANNING COMMISSION STAFF REPORT
Meeting: February 14, 2023
Subject
Consider a Conditional Use Permit for the concurrent sale of alcoholic beverages and
gasoline at an existing Chevron gasoline service station. (Application No.: U-2022-006;
Applicant: Steve Rawlings on behalf of Chevron Stations; Location: 11010 N De Anza
Blvd; APN# 309-42-041)
Recommended Action
That the Planning Commission adopt the proposed draft resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Conditional Use Permit (U-2022-006)
Discussion
Background:
The applicant, Chevron Stations, is requesting a Use Permit to sell beer, wine, and spirits
in the convenience store portion of an existing Chevron Gas Station. A Use Permit
application, with review by the Planning Commission, is required for the concurrent sale
of gasoline and alcoholic beverages in a General Commercial (CG) zone per Chapter
19.132 of the Municipal Code.
Site Description
The gas station is located at 11010 N De
Anza Boulevard, at the northeast corner
of the intersection of Homestead Road
and De Anza Boulevard. Land uses
surrounding the project include
apartments to the north, along the city
boundary shared with the City of
Sunnyvale, the Cupertino De Oro Club to
the east, apartments and townhomes to
the south (across Homestead Road), a
fire-damaged commercial building to the
west and other commercial uses to the
southwest (see Figure 1). Figure 1. Existing Land Uses
De Oro
Club
Apartments &
Townhomes
Homestead Rd
Apartments
City of
Sunnyvale N De Anza Blvd Townhomes
Homestead
Square
Shopping
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U-2022-006 11010 N De Anza Blvd February 14, 2023
Page 2
Previous Approvals
In March 1991, a Use Permit (U-1990-17) for the reconstruction of a self-service station
with minor site improvements was approved by the City Council. In the following years,
minor modifications were approved by the Director of Community Development for
changes to the site including signs, lighting, and landscaping (DIR-2007-09), the addition
of a vapor recovery system (DIR-2008-01), and the installation of an accessory storage
structure (DIR-2018-01).
Project Data:
General Plan Designation Commercial / Residential
General Plan Area Homestead Road Special Area
Zoning Designation P(CG) (Planned General Commercial)
Lot Area 32,234 square feet / 0.74 acres
Building Area 1,633 square feet
Project Consistency with:
General Plan: Yes
Zoning: Yes
Environmental Review: Categorically Exempt per Section 15301, Class 1 (Existing
Facilities), California Environmental Quality Act (CEQA)
Analysis:
Concurrent sales of gasoline and alcoholic beverages may be permitted by the Planning
Commission, if the use is compatible with existing and planned uses in the area. This
property is located at a major intersection, adjacent to multi-family residential
development. The hours of operation are from 6 a.m. to 11 p.m. daily, as approved
through Use Permit U-1990-17. The proposed use permit conditions propose to disallow
the sale of alcohol past 11:00 p.m.
As indicated on the provided floor plan of the proposed plans1, the application proposes
to store beer in four existing coolers, while the wine will be stored in a display across
from the coolers, with spirits, more securely, located behind the cashier station. Total
display area would take up about 52 square feet or about 3 percent of the sales floor area.
As required by Section 19.132.060 of the Municipal Code, the alcohol is located more than
five feet from the cashier stations and front door.
1 Due to limitations of state law ((Government Code § 65103.5 (SB 1214)), the distribution of copyrighted
material associated with the review of development projects is limited. Plans have been emailed under
separate cover to allow the Commissioners to review the proposed plans. Commissioners and
Councilmembers cannot share plans with outside parties, including community members. The public is
able to make an appointment with the Planning Division to view these plans at City Hall.
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Page 3
Consistent with Municipal Code section 19.132.060 standards, there will be:
1. No advertisements (illuminated or non-illuminated) of alcoholic beverages,
including beer and wine, at motor fuel islands or on the building or windows
2. No sales from ice tubs or drive-in windows, and
3. Employees at least 21 years old selling alcohol after 10:00 p.m.
There are several other gas stations within Cupertino where concurrent sales of alcohol
and gasoline is conditionally permitted, without any known complaints and/or security
concerns. The four gas stations with concurrent alcoholic beverage sales in the City are
within walking distance to residences and have not had a history of enforcement issues.
Please see Table 1 below for a survey of other Cupertino gas stations with ABC licenses
for concurrent alcohol sales:
Table 1: Other gas stations with concurrent alcohol sales
Gas station Address Use Permit Approval
Valero 1699 S. De Anza Blvd Yes, U-2012-02
Valero 10002 N. De Anza Blvd Yes, M-2006-02
Chevron 10023 S. De Anza Blvd Yes, U-1997-10 (M)
Beacon 22510 Stevens Creek Bl. Yes, U-1982-03
The applicant has submitted a security plan (Attachment 3) addressing in-store and
parking lot security measures, as well as a security camera plan for the site. The materials
were reviewed by City staff and the Sheriff’s Department. The Sheriff’s Department has
indicated that the proposed security plan adequately addresses any security concerns. As
is standard practice, a condition of approval has been added to require the property
owner to address security concerns promptly should they arise and reimburse the City
in the event of additional Sheriff’s enforcement time. The Sheriff’s Office is located within
three miles of the subject site, with a substation located within 2.5 miles at Main Street
Cupertino.
The State Department of Alcoholic Beverage Control (ABC) is also reviewing the request
for a Type 21 Liquor License (Sale of Beer, Wine, and Spirits for Off-Site Consumption).
The ABC does not have any objections to the application.
Environmental Assessment
The project is categorically exempt from the California Environmental Quality Act
(CEQA) per section 15301 (Existing Facilities) of the CEQA Guidelines.
Public Noticing
The following table is a summary of the noticing done for this project:
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U-2022-006 11010 N De Anza Blvd February 14, 2023
Page 4
Notice of Public Hearing, Site Notice, and Legal
Ad
Agenda
Site Signage (10 days prior to hearing)
Legal Ad in newspaper (10 days prior to hearing)
38 public hearing notices mailed to property
owners within 300 feet of the project site (10
days prior to hearing)
Posted on the City’s official
notice bulletin board (one week
prior to the hearing)
Posted on the City of Cupertino’s
website (one week prior to hearing)
Staff has not received any public comments at the time of preparation of this staff report.
Permit Streamlining Act
This project is subject to the Permit Streamlining Act (Government Code Section 65920 –
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Received: August 24, 2022; Deemed Incomplete: September 23, 2022;
Response Received: November 11, 2022; Deemed Incomplete: December 7, 2022;
Response Received: December 13, 2022; Project Deemed Complete: January 12, 2023
Findings
Staff recommends approval of the project since it is not anticipated to have significant
impacts to the neighborhood and is consistent with other gas stations with concurrent
alcohol and gasoline sales in the City.
With respect to the Conditional Use Permit, the following findings may be made:
1. The proposed development and/or 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;
The proposal meets the requirements of the Municipal Code. The alcohol is not located
within five feet of the cashier stations and front door. As conditioned, there will be no
advertisement of alcoholic beverages at motor fuel islands or illuminated advertisements,
there will be no sales from ice tubs or drive-in windows, and the employees who sell alcohol
after 10 p.m. will be at least 21 years old. The proposed security plan has been reviewed by
the Santa Clara County Sheriff’s Department to ensure that the plan adequately addresses
any security concerns.
2. The proposed development and/or use will be located and conducted in a manner
in accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
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Page 5
The property has a land use designation of Commercial / Residential and a zoning of
Planned General Commercial. The Municipal Code allows gas station uses and
additionally allows the concurrent sales of alcohol and gasoline with the approval of a
Conditional Use Permit. With the review and approval of the proposal, the proposal is
compliant with the City’s requirements. Additionally, the project as described is
categorically exempt from CEQA pursuant to CEQA Guidelines section 15301. The Class
1 exemption applies to existing facilities that involve negligible or no expansion of existing
or former use. The proposed project is for allowing the sale of alcohol concurrent with
gasoline in an existing sales building. Therefore, the proposed project would not involve
the expansion of the former use (Section 15301, Class 1), will not significantly expand the
use beyond the current use that already exists and previously exists, and wi ll not have a
significant effect on the environment.
Next Steps
The Planning Commission’s decision on this project is final unless appealed within 14
days of the decision. If appealed, the City Council will hear the final appeal.
Prepared by: Emi Sugiyama, Associate Planner
Reviewed by: Piu Ghosh, Planning Manager
Approved for Submission by: Luke Connolly, Acting Director of Community
Development
ATTACHMENTS
1. Draft Resolution for U-2022-006
2. Plan Set (abridged due to limitations of state law pursuant to SB1214)
3. Security Plan
4. Applicant’s Project Description
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A CONDITIONAL USE PERMIT (U-2022-006) TO ALLOW FOR
THE CONCURRENT SALE OF MOTOR VEHICLE FUEL AND ALCOHOLIC
BEVERAGES AT AN EXISTING GAS STATION LOCATED AT 11010 N DE
ANZA BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: U-2022-006
Applicant: Steve Rawlings on behalf of Chevron Stations
Location: 11010 N De Anza Blvd (APN: 309-42-041)
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the City of Cupertino received an application for a Conditional Use Permit
(U-2022-006) to allow for the concurrent sale of gasoline and alcohol 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, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15301 for the reasons
set forth in the staff report dated February 14, 2023 and incorporated herein; 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:
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Resolution No. U-2022-006 February 14, 2023
Page 2
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; and
The proposal meets the requirements of the Municipal Code. The alcohol is not located within
five feet of the cashier stations and front door. As conditioned, there will be no advertisement
of alcoholic beverages at motor fuel islands or illuminated advertisements, there will be no sales
from ice tubs or drive-in windows, and the employees who sell alcohol after 10 p.m. will be at
least 21 years old. The proposed security plan has been reviewed by the Santa Clara County
Sheriff’s Department to ensure that the plan adequately addresses any security concerns.
b) The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
The property has a land use designation of Commercial / Residential and a zoning of Planned
General Commercial. The Municipal Code allows gas station uses and additionally allows the
concurrent sales of alcohol and gasoline with the approval of a Conditional Use Permit. With
the review and approval of the proposal, the proposal is compliant with the City’s requirements.
Additionally, the project as described is categorically exempt from CEQA pursuant to CEQA
Guidelines section 15301. The Class 1 exemption applies to existing facilities that involve
negligible or no expansion of existing or former use. The proposed project is for allowing the
sale of alcohol concurrent with gasoline in an existing sales building. Therefore, the proposed
project would not involve the expansion of the former use (Section 15301, Class 1), will not
significantly expand the use beyond the current use that already exists and previously exists,
and will not have a significant effect on the environment.
WHEREAS, the Planning Commission is the approval authority for this project and is
granted the authority by the Municipal Code to exercise its independent judgment, based
on the record before it, for purposes of the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15301. The Class 1 exemption applies to
existing facilities that involve negligible or no expansion of existing or former use. The
proposed project is for allowing the sale of alcohol concurrent with gasoline in an
existing sales building. Therefore, the proposed project would not involve the
expansion of the former use (Section 15301, Class 1), will not significantly expand the
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Resolution No. U-2022-006 February 14, 2023
Page 3
use beyond the current use that already exists and previously exists, and will not have
a significant effect on the environment.
2. Approves the application for a Conditional Use Permit, Application no. U-2022-006
subject to the conditions which are enumerated in this Resolution beginning on PAGE
2 thereof. The conclusions and sub conclusions upon which the findings and
conditions specified in this resolution are based, including those contained in the
Public Hearing record concerning Application no. U-2022-006 as set forth in the
Minutes of Planning Commission Meeting of February 24, 2023, are hereby
incorporated by reference as though fully set forth herein
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
This approval is based on Exhibits titled, “Service Station #9-5700, 11010 N De Anza
Blvd., Cupertino, CA 95014,” prepared by GRH, dated May 9, 2016 consisting of three
pages labeled A Site Plan, Floor Plan, and Security Camera Layout except as may be
amended by the conditions contained in this Resolution
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
3. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of property data may invalidate this approval and may
require additional review.
4. USE APPROVAL
Approval is hereby granted to allow the concurrent sale of motor vehicle and alcoholic
beverages. Sales of alcohol shall cease at 11:00 p.m. with cooler doors locked from 12
a.m. to 6 a.m.
The applicant shall comply with Chapter 19.132 of the Municipal Code. The Planning
Commission shall review amendments to the project considered major by the Director
of Community Development.
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Resolution No. U-2022-006 February 14, 2023
Page 4
5. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past site approvals, including, but not
limited to U-1990-17, DIR-2007-09, DIR-2008-01, and DIR-2018-01 shall remain in
effect unless superseded by or in conflict with the conditions contained in this
resolution.
6. 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.
7. 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.
8. 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.
9. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or 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.
10. INDEMNIFICATION AND LIMITATION OF LIABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the “indemnified parties”) from and against any liability, claim,
action, cause of action, suit, damages, judgment, lien, levy, or proceeding
(collectively referred to as “proceeding”) brought by a third party against one or
more of the indemnified parties or one or more of the indemnified parties and the
applicant related to any Ordinance, Resolution, or action approving the project,
the related entitlements, environmental review documents, finding or
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Resolution No. U-2022-006 February 14, 2023
Page 5
determinations, or any other permit or approval authorized for the project. The
indemnification shall include but not be limited to damages, fees, and costs
awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs,
liabilities, and expenses incurred in connection with such proceeding whether
incurred by the Applicant, the City, or the parties initiating or bringing such
proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees
and costs shall include amounts paid to the City’s outside counsel and shall
include City Attorney time and overhead costs and other City staff overhead costs
and any costs directly related to the litigation reasonably incurred by City. The
applicant shall likewise agree to indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys’ fees, or costs
awards, including attorneys’ fees awarded under Code of Civil Procedure section
1021.5, assessed or awarded against the indemnified parties. The Applicant shall
cooperate with the City to enter a Reimbursement Agreement to govern any such
reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental
review, if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
11. 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 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.
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Resolution No. U-2022-006 February 14, 2023
Page 6
PASSED AND ADOPTED this 14th day of February, 2023, Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMISSIONERS:
ATTEST: APPROVED:
Luke Connolly Steven Scharf
Acting Director, Community Development Chair, Planning Commission
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Security Policy & Procedures
Chevron - Extra Mile Store
11010 N De Anza Blvd, Cupertino, CA
Summary:
Chevron Stations Inc. (CSI) maintains an extremely robust security and crime prevention
posture. Numerous security protocols and policies were developed through the partnership with
Chevron Global Security to incorporate best practices, and a fit for purpose plan to be
intergraded into each corporate owed store. CSI’s highest priority is to provide a safe and secure
environment for its employees and customers.
1) Local Management Team:
Station Manager: Manish Bhandari – email: uscsi1543@chevronstores.com - Phone: 408-773-
9135
Business Consultant: Allen Craig – email: ADCR@chevron.com - Phone: 310-606-1796
District Sales Manager: Brian Sardelich – email: BSardelich@chevron.com - Phone: 925-222-
8972
2) Age Verification Means:
All point-of-sale equipment is equipped with ID card reader and system prompts cashier
to scan ID when alcoholic beverages are scanned for purchase. Please see the attached
“Aged Restricted Training” presentation that is part of the New Employee
Orientation/Annual Recertification that all employees receive. If an employee fails to
attend annual recertification, the employee will be removed from the schedule. The
employee will not be schedule to work until he or she complete the training.
3) Operations:
There are a minimum of 2 employees on site whenever alcohol is being sold. All employees
attend a New Employee Orientation and receive Annual Recertification for training in Age
Restricted Products. No consumption or open alcoholic beverages will be permitted on the
premises. Signs specifically prohibiting this activity will also be placed in conspicuous places in
both Spanish and English.
Chevron employees are trained and directed to immediately deal with individuals attempting to
or consuming alcohol on store property. If safe to do so, employees will instruct the person(s) to
cease and desist consuming the alcoholic beverage and ask the person to leave the premises. If
the employee deems it unsafe to approach the subject(s), law enforcement will be promptly
called to assist.
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Customer Awareness (Store personnel will do the following):
• Greet every customer as they come in through the front door.
• Make eye contact.
• Be aware of who are in the store and how long they have been there.
• If there are some people loitering in the store, ask if you can help them find something.
• Stay active in the store. Clean, stocks shelves, and move around.
• Be aware of who are in the lot and what they are doing. If necessary, call the police.
• Always keep safety at the top of your mind.
4) Intoxicated and Disorderly Patrons
To avoid consumption of alcohol on site, minors soliciting adults to purchase age restricted
products. Store personnel are trained on the following techniques.
S-I-R
• Size up the customer.
• Interview the customer.
• Rate the customer.
• Do they look under the age of 30?
• Have they been drinking already?
• Could they be buying for someone else?
• Are they nervous, looking over their shoulder, in a hurry?
Interview the customer
• Validate their ID
• Expiration Date (Valid as of today’s date)
• Picture (Is it the person in front of you?)
• Birth Date (Alcohol – 21 years old) store personnel are instructed to enter birth date into
cash register. Same rule applies for tobacco & lottery.
Chevron employees are provided rigorous training in alcohol beverage sale rules, laws, and
regulations. Chevron employees adhere to the stringent guidelines associated with the control
and sale of alcoholic beverages. All new hires and existing employees are required to attend
New Employee Orientation/Annual Recertification. This includes Station Managers, Assistant
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Station Managers and Customer Service Representative (Cashier). This is our policy at Chevron
Stations Inc. On the second day of the New Employee Orientation/Annual Recertification the
employees are trained on Age Restricted Products.
Employees are trained on the following:
• What’s the legal age for purchasing alcohol/tobacco products Lotto and Lottery?
• What are the fines and penalties?
• List acceptable forms of ID that CSI accepts as valid
• Locate and review the ID Checking Guide
• What to look for on an ID and how to spot an alternated ID?
• How to verify the customer’s age by properly enter their birthday in EPOS?
• What are the legal sale hours of alcohol? 6 AM to 2 AM
• CSI employees will ID all persons who appear under the age when they attempt to
purchase age restricted product
• What to do if the customer’s ID is expired?
• What types of payment are accepted for purchasing Lotto/Lottery?
• How to handle a beer run?
• What to do if customer appears intoxicated?
• What to do if customer attempt or consume alcohol on the property.
If an employee fails to attend annual recertification, the employee will be removed from
the schedule. The employee will not be schedule to work until he or she complete the
training. Upon completion the review the ABC-299 Clerk's Affidavit and Sign and
employees must complete part 2 and manager must sign part 3.
It is very important that Chevron Company Operated Store employees comply with all
laws prohibiting the sale of alcohol and tobacco products to underage customers. The
failure to comply with such laws could constitute grounds for termination. Chevron has
retained Maritz to perform alcohol / tobacco compliance checks at Chevron’s Company
Operated Stations to enhance Chevron’s compliance with laws prohibiting age sensitive
product sales to minors. Please refer to the CSI HR Compliance Standard dated February
2017 for compliance expectations and consequences.
Four evaluations per calendar year, the evaluations will be every quarter. Jan-Feb-Mar:
Tobacco, Apr-May-Jun: Alcohol, Jul-Aug-Sep: Tobacco, Oct-Nov-Dec: Alcohol & Shop
times: 24 hours. Swift consequences will be given to any employee including the station
manager who fails a compliance check. In reference to Law Enforcement Mystery Shop:
Failed Shop 1: Any employee (inclusive of management) who fails a law enforcement
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mystery shop (aka “sting”) will generally be terminated upon notification by the law
enforcement agency of the failed shop, regardless of previous violation history.
5) Security
The Extra Mile site provides a design that lends itself features that incorporate Crime Prevention
Through Environmental Design (CPTED). Our site will maintain operations 24 hours a day;
therefore, adequate lighting is necessary for the safe operation during times of darkness. This
site is equipped with the necessary lighting, inside and out, and provides a safe environment for
our customers, employees, and also discourages loitering.
Outside lighting is the responsibility of Chevron management. All lighting concerns, such as
inadequate lighting or burned-out lights, will be addressed promptly by contacting our
maintenance provider.
The c-store is designed with full height glass windows to provide clear and unobstructed views
from inside and out. All signage affixed to the windows will not obstruct these views.
Loitering & Panhandling:
Loitering and panhandling will not be tolerated and Chevron will maintain a zero-tolerance
policy. Loitering signs will be posted in conspicuous places containing wording (Spanish and
English) that aligns with state and local law. All loitering and panhandling issues will be dealt
with in a swift and consistent manner by notifying local police.
No consumption or open alcoholic beverages will be permitted on the premises. Signs
specifically prohibiting this activity will also be placed in conspicuous places in both Spanish
and English.
Chevron employees are trained and directed to immediately deal with individuals attempting to
or consuming alcohol on store property. If safe to do so, employees will instruct the person(s) to
cease and desist consuming the alcoholic beverage and ask the person to leave the premises. If
the employee deems it unsafe to approach the subject(s), law enforcement will be promptly
called to assist.
Security Equipment and Crime Deterrent:
This station is currently equipped with several interior color cameras with a 24-hour operational
CCTV DVR system. The system is capable of archiving a minimum of 30 days+ of stored video
coverage (industry standard). The station cameras are strategically positioned to capture activity
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at the critical areas of the store, including the alcohol coolers. CCTV maintenance issues are
handled with high priority and rectified in an expeditious fashion.
Robbery and crime deterrence is a meticulous process where each new hire is provided specific
crime deterrence training and also receives an annual refresher. A daily checklist (Steps to
Sundown) is provided to employees as a tool to guide them in crime deterrence as they prepare
for the night shifts. Any coolers containing alcoholic beverages will automatically lock at 2:00
a.m. and unlock at 6:00 a.m. daily.
6) Trash and Graffiti Removal
Any and all trash accumulating on the property and landscape areas will be removed promptly.
To prevent Littering and Graffiti: We ensure that all inside and outside lights are operational (as
required). Burnt out lights should be replaced or reported ASAP.
We implement our steps to sundown daily checklist during the evening shift. Store personnel on
the 2nd shift are to complete this checklist daily, prior to sunset, to provide a safe operating
environment in starting night duties.
• To provide a clean and safe yard and lot for our customers and staff. In order to keep it
free of trash. An outside cleaning check is done 1x every two (2) hours.
• During the steps to sundown or outside cleaning check if store personnel notice any
graffiti, they are instructed to call maintenance immediately. Graffiti will be removed
from any wall, fence, building, structure, window, equipment or other location within 48
hours.
• All Employees are instructed to call the central maintenance contractor at telephone
number 1-866-845-4254. All calls are logged on maintenance log. (Site Manager reviews
the log daily).
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Chevron Extra Mile Store
11010 N De Anza Blvd, Cupertino, CA
Project Description
12/13/22
Request: Permit to allow for the sales of beer, wine and distilled spirits for off-site consumption (ABC Type 21
License) at an existing convenience market owned and operated by Chevron USA that has sold beer and wine
since 1995 (ABC Type 20 License). No changes to building elevation or external/internal improvements. No
other tenants exist within the center.
Proposed Alcohol Sales Hours: 6 am – 11 pm daily
Overall Store Size: Approximately 1,633 square feet
Employees: 2 – 4 per shift
Alcohol Display Area: Less than 5% of overall store area or approximately 44 square feet.
Security Measures (see Security Policy and Procedures attached):
• Policy signs will be posted on premises: “No Open Containers”, “No Consumption of Alcoholic
Beverage on the Premises” and “No Loitering”.
• No exterior advertising or window signs will advertise beer or wine products;
• No alcoholic beverage advertisement located on the motor fuel island.
• Alcohol display will be limited to 4 cooler doors totaling approximately 36 square feet, a glass locked
cabinet behind cashier that is approximately 8 square feet, and an 8 square foot wine display that is not
enclosed.
• No fortified wines or malt liquor will be sold.
• Individual bottles of distilled spirits will be displayed in a locked cabinet behind the cashier.
• Employees on duty between 10:00pm and 12:00 am who sell beer/wine will be at least 21 years of age.
• Chevron currently operates a surveillance camera system.
• Surveillance video is stored for at least 30 days and be made available to law enforcement upon request.
• Cooler doors containing beer will be locked from 12:00 a.m. (midnight) to 6:00 a.m. daily.
• All persons that appear younger than 30 years old must provide ID in order to purchase alcohol.
• Point of sale system requires cashier to scan the ID to validate age. No alcohol will be sold if customer
is a minor.
Employee Training:
• Employees are required to complete the corporate training program and pass the course test.
• Employees engaged in sale of beer/wine will complete responsible beverage service (RBS) training class
that is approved by ABC. See attached CSI Security Plan.
• RBS Training includes looking for signs of intoxication, proper identification checking, procedures for
dealing with various situations as well as general behavior observance training.
• Employees must review company alcohol policy each day.
About Chevron Extra Mile
Chevron USA operates 300+ Extra Mile Stores in CA and approximately 125 of those stores sell beer and wine.
Chevron is one of the largest corporations in the world.
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CITY OF CUPERTINO
Agenda Item
22-11799 Agenda Date: 2/14/2023
Agenda #: 4.
Subject: 2023 Planning Commissioners Academy
Accept information on Planning Commissioners Academy registration
CITY OF CUPERTINO Printed on 2/9/2023Page 1 of 1
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Planning Commissioners Academy
March 29-31, 2023
Hyatt Regency Orange County
11999 Harbor Blvd, Garden Grove, CA
Register
Designed for new and seasoned planning commissioners alike, this conference provides city officials with
information about the roles and responsibilities of a planning commissioner, offers a basic legal and practical
framework, and helps foster relationships with fellow planning commissioners. Previous topics included CEQA,
how to prepare findings and conditions of approval, the planning commission’s role and responsibilities,
diversity and inclusion, leadership, relationships between commission, staff, and city council, key legislative
issues, and more.
For questions about registration, please contact registrar, Megan Dunn. For all other questions, please contact
Associate Manager, Event Program, Kayla Boutros.
Please see our event and meeting policies.
2023 Academy Information
Registration
There is limited capacity for this event and registration is subject to sell out prior to the registration
deadline. Register early!
Full Registration Includes:
admission to all educational sessions
admission to the Wednesday evening reception, Thursday breakfast and lunch, and Friday
breakfast
access to all program materials
Register online by March 22 (requires credit card) - Register now
Mail-in Registration (pay by check) - contact Megan Dunn to request a registration form.
Special Needs? Contact Megan Dunn by Wednesday, March 22.
Full Conference Registration Fees
Member-city Planning Commissioners and Department Staff $675
All Others $800
Non-Member City $1,675
One-Day Registration Fees
Member-city Planning Commissioner Professionals $375
All Others $550
Non-Member City $1,375
Guest Pass to Wednesday Reception $50
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*The guest/spouse fee is restricted to persons who are not city or public officials, are not related to any League Partner or
sponsor, and would have no professional reason to attend the conference. It includes admission to Wednesday’s
networking reception only. There is no refund for the cancellation of a guest/spouse registration. It is not advisable to use
city funds to register a guest/spouse.
Refund Policy
Advance registrants unable to attend will receive a refund of rate paid, minus a $75 processing charge, only
when a written request is submitted to Megan Dunn, and received on or before March 22. Refunds will not be
available after this date. If you are unable to attend, you may substitute a colleague for your entire registration.
Hotel and Travel
A limited number of hotel rooms are available at a reduced rate for conference attendees. The discounted hotel
rate cut-off is Feb. 28, 2023.
STEP ONE: Register for the Conference
After your registration for the conference is received and processed, a confirmation email will be sent
containing a link to the discounted hotel reservations page.
STEP TWO: Book a hotel room
Hotels are subject to sell out prior to the deadline – reserve early!
Conference Location:
Hyatt Regency Orange County
11999 Harbor Blvd
Garden Grove, CA 92840
(714) 750-1234
Group Hotel Rate (per night): $195 – Single/Double Occupancy (plus tax and fees)
Hotel Changes or Cancellations
Hotel reservation changes, date modifications, early check-out, or cancellations must be made directly through
the hotel. Please note that after Feb. 28, 2023 has passed, you may incur a financial penalty and minimum
one-night room charge or attrition fees.
PLEASE NOTE: The information you provide to Cal Cities when registering for a Cal Cities conference or meeting may be
shared with the conference or meeting hotel(s). The hotel(s) will also share with Cal Cities the information you provide to
the hotel(s) when you make your hotel reservation for the conference or meeting. The information shared between Cal
Cities and the hotel(s) will be limited to your first name, last name, email, and dates/length of stay in the hotel.
CAUTION! You must be registered for the conference prior to booking a hotel room. Do not make a hotel reservation
unless you are sure it is needed. Your city/company will be financially resp onsible for all cancellation/attrition fees. If you
are making hotel reservations for others, please confirm with each individual, in advance, that they actually need hotel
accommodations and intend to use them on the dates you are reserving.
Schedule at a Glance
*Schedule subject to change
Wednesday, March 29
9:00 a.m.–5:30 p.m.
Registration Open
10:00 a.m.-noon
Optional Pre-Conference Trainings, AB 1234 and AB 1661
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1:00–2:30 p.m.
Opening General Session
2:45–4:00 p.m.
Concurrent Sessions
4:15–5:30 p.m.
Concurrent Sessions
5:30-6:30 p.m.
Networking Reception
Thursday, March 30
7:30–4:30 p.m.
Registration Open
7:45–8:45 a.m.
Networking Breakfast
9:00–10:15 a.m.
General Session
10:30–11:45 a.m.
Concurrent Sessions
11:45 a.m.–1:00 p.m.
Networking Lunch
1:15–2:30 p.m.
General Session
2:30–2:45 p.m.
Break
2:45–4:00 p.m.
Concurrent Session
4:15–5:30 p.m.
Educational Session
Friday, March 31
7:45–10:00 a.m.
Registration Open
7:45–8:45 a.m.
Networking Breakfast
9:00–10:15 a.m.
Educational Session
10:30–noon
Closing General Session
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