Reso 6701 U-2011-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6701
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
A USE PERMIT TO ALLOW THE CONVERSION OF EXISTING GASOLINE SERVICE STATION
BAYS TO A CONVENIENCE MARKET, TO ALLOW 24 HOURS PER DAY OPERATIONS, AND
TO ALLOW CONCURRENT SALES OF GASOLINE AND ALCOHOL AT AN EXISTING
GASOLINE SERVICE STATION LOCATED AT 21530 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: U-2011-09
Applicant: Dave Elliott
Properiy Owner: BP Cupertino Union, LLC
Location: 21530 Stevens Creek Boulevard (APN: 357 20 027)
SECTION II: FINDINGS FOR USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
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 Coinmission has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Coinmission finds as follows with regard to this application:
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;
b) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the City's zoning ordinances.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,
the application for a Use Permit, Application no. U-2011-09 is hereby approved, 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. U-2011-09 as set forth in the
Minutes of Planning CoiYUnission Meeting of May 22, 2012, and are incorporated by reference as though
fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Resolution No.6701 U-2011-09 May 22,2012
1. APPROVED EXHIBITS
This approval is based on Exhibits titlec� "Food Mart Expansion, 21530 Stevens Creek
Blvd./Cupertino, CA 95014 prepared by David J. Elliott & Associates, dated May 15, 2012
„
consisting of pages A1.1, A1.2, A1.3, A2.1, A3.1, A3.2, A3.3, L1.1, C1, except as may be amended by
the Conditions contained in this Resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2011-10 shall be applicable to this approval.
3. HOURS OF OPERATION
The convenience market use is approved for 24 hours per day operation, 7 days per week. The
existing gasoline service station has already been approve for identical hours of operation through
use permit file no. 23-U-88.
4. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other 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.
5. 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.
6. PHASING OF DEVELOPMENT
The applicant is allowed to phase the construction of his project into two phases: one phase involves
the conversion of the service station bays and building expansion for a convenience market and the
other phase involves the construction of a 2,580 square foot office building. The first phase of
construction shall encompass a site area that is capable of supporting all activities, facilities,
structures, uses and operations needed for that use to operate independently of the second phase of
construction. The first phase shall include adequate parking, circulation, landscaping and trash
facilities to support that use.
Obtainment of building permit and continuity of building activities and City inspections vests only
that active phase of development. Inactive planning permits, including inactive development phases
are subject to permit expiration and extension as specified in Cupertino Municipal Code Section
19.12.
Prior to building permit issuance the applicant shall submit a development phasing plan that shall
be reviewed and approved by the Director of Community Development.
7. GENERAL PLAN DEVELOPMENT ALLOCATION
The applicant's project is granted General Plan Development Allocations from the Monta Vista
Planning Area of 527 square feet for retail commercial development and 2,580 square feet for office
development.
Resolution No. 6701 U-2011-09 May 22,2012
8. SECURITY
If business occurs before 7:00 a.m. or after 11:00 p.m., the applicant/property owner shall implement
a security plan to reduce the potential for theft and robbery, which shall consist of the following
minimum requirements:
1) Require exact change or credit/debit card sales after 11:00 p.m.
2) Install a moneydrop floor safe to which the attendant has no access.
3) Provide adequate site lighting, including areas away from the street frontage. Location and type
of lighting fixtures shall to subject to staff approval prior to installation.
4) Avoid obscuring window areas with signs or merchandise to ensure visibility of cashier's area.
5) Avoid use of tinted window glass.
The applicant/property owner is encourage to implement the following optional techniques to
further reduce theft potential.
6) Install video surveillance cameras within the service station building, especially near the
cashier's area.
7) Install a floor mounted push button alarm system linked to a contract alarm monitoring
company.
The applicant/property owner shall also retain the option to provide a security enclosure for the
cashier, subject to Community Director's approval of location and materials. Said enclosure shall
contain the following minimum equipment:
1) Installation of bullet-proof glazing.
2) Inclusion of an interior restroom.
3) Inclusion of an emergency shut-off switch.
4) Provision of an internal safe.
5) Inclusion of a telephone as needed.
The applicant/property owner shall continue to address security concerns as necessary and
reimburse the City in the event of additional Sheriff's enforcement time.
9. CONCURRENT SALE OF GASOLINE AND ALCOHOLIC BEVERAGES
The applicant is permitted to concurrently sell beer and wine and gasoline in accordance with the
City's Municipal Code requirements for concurrent sales of gasoline and alcohol. Sales of beer and
wine shall cease at 12 midnight.
10. ABC APPROVAL
The applicant shall obtain all licenses/approvals as required from the State of California Department
of Alcoholic Beverage Control prior to sales of alcoholic beverages.
11. PERMIT EXPIRATION
The subject use permit or portion thereof for uncompleted building phases shall expire two (2) years
after the Planning Cominission approval date listed below or after an appeal/reconsideration action
date, if any, whichever is latest.
Resolution No.6701 U-2011-09 May 22,2012
PASSED AND ADOPTED this 22nd day of May, 2012, Regular Meeting of the Planning Commission of
the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Sun, Brophy, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Car� Mar ' er Chair
�Eity Planner Planning 'ssion