Reso 4755 10-U-96
CITY OF CUPERTINO
10300 Tone Avenue
Cupertino, California 95014
RESOLUTION NO. 4755
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO REPLACE AN EXISTING SERVICE STATION
WITH A NEW 24-HOUR STATION AND CAR WASH
AND TO ALLOW CONCURRENT SALES OF ALCOHOLIC BEVERAGES AND GASOLINE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) 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;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
3) The concurrent sales of alcoholic beverages and gasoline are compatible with surrounding area.
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 No. 10-U-96 as set forth in the
Minutes of the Planning Commission Meeting of October 14, 1996, and are incorporated by reference
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 10-U-96
Applicant: Unocal Service Station (Robert Lee & Assoc.)
Property Owner: Stephen T. Carlson, Stevens Creek Cupertino Associates
Location: 20755 Stevens Creek Boulevard
Resolution No. 4755 10-U-96 October 14, 1996
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets 1-7, sign exhibit, material board.
2. USE LIMITATIONS
The food mart hours shall not exceed 6 a.m. to 11 p.m. The car wash hours shall not exceed
7 a.m. to 8 p.m.
3. N I E
Evidence from an acoustical expert shall be provided prior to issuance of a building permit that
the dBA at the sidewalk does not exceed 65 dBA.
� 4. OUTDOOR SERVICING
The servicing of automobiles outsides of the service bays, other than the dispensing of gasoline
and oil, is prohibited.
5. SECURITY
Implement a security plan to reduce the potential for theft and robbery for a 24 hour operation,
which shall consist of the following minimum requirements;
1. Implement a pass-through windows payment system for gasoline made after 11 p.m.
2. The entrance doors to the office area shall be closed after 11 p.m.
3. A security safe to which the attendant has no access shall be installed.
4. Provide adequate site lighting, including areas away from the street frontage accessible by
vehicles. Location and type of fixtures shall be subject to approval by staff prior to
installation.
5. Avoid obscuring window area with signs or merchandise to ensure visibility of cashier area.
6. Avoid use of tinted window glass.
7. No signage is allowed in the window surrounding the cashier area.
SECTION IV CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
7, rURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
Resolution No. 4755 10-U-96 October 14, 1996
Page-3-
8. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted by the zone in which the
site is located.
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
10. TRAFFIC SIGNALS
Traffic control signs shall be placed at locations specified by the City.
11. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type approved by
the City in accordance with Ordinance No. 125.
12. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code. .
13. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed
necessary by the City Engineer. Development in all other zoning districts shall be served by on
site storm drainage facilities connected to the City storm drainage system. If City storm drains
are not available, drainage facilities shall be installed to the satisfaction of the City Engineer.
14. i TNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance No.
331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate
with affected utility providers for installation of underground utility devices. The developer shall
submit detailed plans showing utility underground provisions. Said plans shall be subject to prior
approval of the affected Utility provider and the City Engineer.
15. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees, storm
drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be
executed prior to issuance of construction permits.
a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1,744.00 minimum
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $1,983.33
d. Power Cost: $75.00 per street light
Resolution No. 4755 10-U-96 October 14, 1996
Page -4-
e. Map Checking Fees: N/A
f. Park Fees: N/A
The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposed herein may be modified at the time of recordation of a final
map or issuance of a building permit in the event of said change or changes, the fees changed at
that time will reflect the then current fee schedule.
16. TRANSFORMERS
Electrical transformers, telephone vaults�and similar above ground equipment enclosures shall be
screened with fencing and landscaping or located underground such that said equipment is not
visible from public street areas.
17. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to San Jose Water
Company and shall reach an agreement with San Jose Water Company for water service to the
subject development.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and survey' g conditions pecified in Section IV. of this
Resolution conform to generally accepted engi r .
Be Visko c, City Engineer
PASSED AND ADOPTED this 14th day of ctober, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris, Mahoney and Chairman Roberts
NOES: COMMISSIONERS: Doyle
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPR D:
Robert S. Cowan Paul Roberts, Chairman
Director of Community Development Cupertino Planning Commission
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