Reso 5001 26-U-86 (Mod.)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5001
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING EXPANSION OF EXISTING RETAIL SPACE AND INSTALLATION OF A FREE-
STANDING CAR WASH AT A GASOLINE STATION
AT 21855 HOMESTEAD ROAD
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.
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 Pertnit is hereby approved, 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 26-U-86 (Mod.) set forth in the
Minutes of the Planning Commission Meeting of January 11, 1999 and are incorporated by reference
as though fully set forth herein.
Resolution No. 5001 26-U-86 (Mod.) January 11, 1999
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 26-U-86 (Mod.)
Applicant: Abdul Aryubi
Property Owner: Tosco Northwest Company
Location: 21855 Homestead Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the Site Plan dated revised July 14, 1995,
Existing/Preliminary Floor Plans dated revised July 14, 1995, Car Wash Elevations and Floor
Plan dated revised July 14, 1995 and Building Elevations dated revised July 14, 1995.
2. APPROVED SERVICE STATION RELATED USES
The subject property is approved for the operation of a 24-hour service station. Minor
automobile maintenance activities are also permitted. Minor maintenance activities include
services such as lubrication, engine tune-ups, smog certifications, servicing of tires, brakes,
batteries and similar accessories, and minor repairs involving engine accessories. The removal of
large engine or drive parts for service or assembly is prohibited.
3. HOURS OF OPERATION AND SALE OF CONVENIENCE ITEMS
Gasoline dispension and related activities may occur 24 hours per day. Automobile maintenance
activities may only be conducted between 7:00 A.M. and 10:00 P.M. The "snack shop" may also
be open 24 hours subject to the conditions above. The "snack shop" component of the business
shall be "secured" from 11:00 P.M. to 7:00 A.M. Small convenience items such as cigarettes,
gum, candy bars, etc., may be retailed via a security window during the aforementioned 11:00
P.M. to 7:00 A.M. hours.
The owner/operator shall cooperate with the Cupertino Union School District and declare the
service station site "off limits"to the students of Cupertino Junior High School between the hours
of 8:00 A.M. and 2:30 P.M.
The sale of alcoholic beverages is prohibited.
4. OUTDOOR AUTOMOBILE REPAIR
The outdoor servicing of automobiles, other then the dispensing of gasoline and oil, is prohibited.
All automobile maintenance activities shall be conducted within the service bays.
Resolution No. 5001 26-U-86 (Mod.) January 11, 1999
Page-3-
5. SECURITY MEASURES
The applicant shall incorporate the following security measures into the operation of the service
station between 11:00 P.M. and 7:00 A.M.:
a. The cash register area shall be visible from the street.
b. Customers will be required to pay prior to receiving gasoline.
6. SIGNS
. All signs identified for removal per Exhibit A-1 of ASAC Resolution No. 1230, Application HC-
51,661.1, shall be removed. Signs with messages such as "Snack Shop" or "Mini-Market" are
prohibited.
7. OUTDOOR STORAGE
The outdoor storage of miscellaneous items, such as oil barrels and tires, is prohibited.
8. TRASH ENCLOSURE
All dumpsters, trash, and other items intended for disposal shall be placed within designated trash
enclosures.
9. LANDSCAPING
The previously required landscape plan shall remain in effect, subject to informal review by the
Architectural and Site Approval Committee. The landscape plan incorporated the following
elements:
a. Expand southwest planter to the edge of parking space no. 1. Replant the existing
planter, incorporating trees to provide height.
b. Replant the planters along Bernardo Avenue with shrubs of sufficient height to
screen vehicles parked adjacent to the planter.
c. Replant the planter at the intersection of Homestead Road and Bernardo Avenue.
Include trees in the new landscape plan.
d. Automatic irrigation shall be provided for all new and replanted planters.
10. NON-POINT SOURCE POLLUTION CONTROL
The applicant shall implement the Best Management Practices (BMP's) for Automotive-Related
Industries, as required by the State Water Resources Control Board, if it has not already been
implemented.
11. PARKING
Eleven parking stalls shall be striped on Site Plan Sheet 1. With the exception of cars
temporarily parked at the gasoline filling station, automobiles must be parked in approved
parking spaces. Driveways and circulation aisles shall be kept free and clear or pazked vehicles.
Resolution No. 5001 26-U-86 (Mod.) January 11, 1999
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12. ARCHITECTURAL MODIFICATION OF CAR WASH BUILDING
The applicant shall modify the architectural drawings to include windows and the architectural
detailing to match the architectural style of the main building.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
13. SIDEWALK IMPROVEMENT
A sidewalk transition detail on Homestead Road at the west end of the site shall be submitted to
the Public Works Department for approval.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of this
Resolution conform to generally accepted engineering practices.
Bert Viskovich, City Engineer
PASSED AND ADOPTED this 11`h day of January, 1999, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Harris, Mahoney, Stevens and Chairwoman Austin
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
�
Robert S. Cowan D nna ustin, Chairwoman
Director of Community Development Cupertino Planning Commission