Reso 295926-U-86
RESOLUMON NO. 2959
OF THE PLA10TING CCMMISSION OF THE CITY OF CUPERMNO
RE034U2I M APPROVAL OF A USE PERMIT FM A
24-HOUR SERVICE STATICN
SECTION I: FINDINGS
WHEREAS, the Planning Ccaumission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant(s) has meet the burden of proof required to support
said application; and
WHEREAS, the Planning Commission finds that the application meets the
following requirements:
a) That the use or uses are in conformance with the General. Plan of the
City of Cupertino, and are not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is
to be located.
b) That the property involved is adequate in size and shape to
acomrmodate the proposed use.
c) That the proposed use will not generate a level of traffic over and
beyond that of the capacity of the existing street system.
d) That the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing
or
working in the neighborhood of such proposed use, nor injurious to
Property and improvements in the neighborhood.
NOW, TMUTORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence-ibmitted in this matter, the application for Use Permit is
hereby reconoended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
BE IT FURTHER RESOLVED:
That the subconclusicros upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 26-U-86, as set forth in the Minutes of the
Planning Commission Meeting of September 22nd, 1986, and are incorporated
by reference as though fully set forth herein.
Model Resolution (26-U-86) September 22, 1986
Page -2-
SECTION II: APPLICATION DESCRIPPION
Application No(s) 26-U-86 and 27-EA-86
Applicant: Robert H. Lee and Associates
Property Owner: Mobil Oil Cortina &
Location: MXthwest intersection of Bernardo Avenue
and Homestead Road at 21855 Homestead Road
Parcel Area
(Acres): .68
SECTION III: CONDITIONS OF APPROVAL
1. Anmroved Exhibit
This approval is based on Exhibit A of Application 26-U-86, except
as may be amended below.
2. App-roved uses
'Ihe 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
tines, 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. Sale of Convenience Items
Operation of a mini -market is prohibited. However, the retail sale
of auto -related products and small convenience items are permitted
as indicated below:
a. Auto -related products: Includes items such as oil, fan belts,
and windshield wipers.
b. Convenience items: Convenience items are only permitted where
they serve the needs of the motoring public and can be located on
a counter. Examples of such items are gum and cigarettes. The
sale of convenience items requiring floor positioned racks or
separate self-service coolers are not permitted. The sale of
alcoholic beverages is also prohibited. Vending machines are
permitted, but may only be located in the front sales office.
4. Hours
Gasoline dispension and related activites may occur 24 hours per
day. Automobile maintenance activities may only be conducted
between 7:00 A.M. and 10:00 P.M.
Model Resolution (26-U-86) September 22, 1986
Page -3-
5. Outdoor Automobile Repair
The outdoor servicing of automobiles, other than'the dispensing of
gasoline and oil, is prohibited. All automobile maintenance
activities shall be conducted within the service bays.
6. ar
The applicant shall designate and stripe 15 parking spaces as
indicated on Exhibit A. Parking space no. 10 shall be deleted.
vehicles parked an the property may only be parked in designated
parking spaces. Driveways and circulation aisles shall be kept free
and clear of parked vehicles.
7. 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.
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.
The applicant shall re -landscape the property, subject to informal
review by the Architectural and Site Approval Committee. The new
landscape plan shall incorporate the following elements:
a. Egmnd 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.
Model Resolution (26-U-86) September 22, 1986
Page -4-
d. Automatic irrigation shall be provided for all
new and replanted planters.
10. Trash Enclosure
All dunmiters, trash, and other items interned for disposal shall be
placed within the trash enclosure identified an ENhibit A.
11. Outdoor Storage
Zhe outdoor storage of miscellaneous items, such as oil barrels and
tires, is prohibited.
PASSED AND ADOPTED this 22nd day of September, 1986, at a regular meeting
of the Planning Commission of the city of Cupertino, State of California,
by the folladdng roll call vote:
AYES: COMMII.SSIONERS: Adams, Claudy, Mackenzie, Sorensen, and
Chairman Szabo,
NAYS:
ARSTAB'1:
ABSENT:
/s/ Robert S. Cowan_
Robert S. Cogan
Planning Director
RES026u86(M-3)
/sl Nicholas Szabo
Nicholas Szabo, aui_rmwn
planning Ccxtission