Reso 30226-U-87
CITY OF CUPERTINO
10430 South De Anza Boulevard
Cupertino, California 95014
RESOI TION NO. 3022
OF THE PLANNING COMMISSICN OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PFTd4Tr
TO OPERATE A SNACK SHOP IN AN
EXISTING SERVICE STATION
• Z 0
WHEREAS, the Planning Comadssion of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the necessary public notices have been given as required by the
subdivision and Procedural Ordinances of the City of Cupertino, and the
Planning Commissicn has held at least one Public Hearing in regard to the
application; and
WHUM 5, the applicant has met 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
mate the proposed use.
c) That the proposed use will not generate a level of traffic aver
and above 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 uses, nor injurious
to property and inprovements in the neighborhood.
WHEREAS, the Planning Commission's recamnandation that the hours of
operation be limited to 7:00 AM to 11:00 PM is based on the following
conclusions:
a) A 24 hour operation would be detrimental to residents adjoining
the subject property. A noise study submitted by the applicant
indicates late evening noise levels could exceed those permitted
by the City's Noise ordinance.
b) The subject property is of an inadequate size to provide an
effective buffer to screen residents from potential late evening
noise impacts.
RESOLUTION 110. 3022 (6-U-87) APRIL 27, 1987
MOBIL OIL CORPORATION
PAGE -2-
NOW, THEREFORE, BE LT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recam:-ded for approval, subject to the conditions which are
enumerated erated in this Resoluticn beginning on Page 2 thereof; and
That the subconclusicns upon which the findings and conditions specified
in this Resoluticn are based are contained in the Public Hearing record
concerning Application 6-U-87 as set forth in the Minutes of the Planning
Ocamoissicn Meeting of April 27, 1987, and are incorporated by reference as
though fully set forth herein.
SE=ON II. PRCITECT DESCRSFTION
Application No(s) 6-U-87 AND 4-EA-87
Applicant: Mobil oil Corporation
Property Owner: same
Location: Northwest corner of De Anza Boulevard and
Homestead Road
SECTION III: CONDITIONS OF APPROVAL
1. APPROVED E}OiIHITS
Zhe reccamnendation of approval is based on Exhibits A lst/Rev.
and Info. (Revised), except as may be amended by the Conditions
contained in this Resolution.
2. USE LI<diTATIONS
The subject use permit authorizes the operation of a service
station, including the dispensing of gasoline, repair of
vehicles, and sale of convenience items. The sale of convenience
items shall be limited to approximately 150 square feet, as shown
in Exhibit A let Revision. The sale of alcoholic beverages is
prohibited. vehicle repair activities shall be limited to minor
automotive repairs as defined in the 03 (General Commercial)
Ordinance.
3. HCURS OF OPERATION
The station's hours of operation shall be limited to 6:00 a.m. to
11:00 P.M.
4. PARI
The applicant shall provide 15 parking spaces as described in
Exhibit A lst Revision.
RESO=ON NO. 3022 (6-U-87) APRIL 27, 1987
MOBIL OIL CORPORATION
PAGE -3-
5.
PUBLIC INIPROVFS4Mu
The property owner shall retain the option to immediately
implement various public inprovements and provide payment of
improvement fees due the City of Cupertino as directed by the
City Engineer, or to record a covenant outlining the provisions
of a deferral agreement for said improvements, in accordance with
the City Council Policy adopted April 7, 1986.
6.
IANDSCAPIIQG
A. 'Ihe applicant shall replace the missing tree at the west end
of the northern planter.
B. The applicant shall replant the existing p anter at the
southeast corner of the property to provide height and
color, subject to informal review by the Architectural -and
Site Approval Committee (ASAC).
7.
BUILDING 00�
The applicant shall caoply with all building code its
pertaining to the snack shop, including requirements for
separation of the snack shop from the service bays.
8.
SIGNAGE
The applicant shall remove all illegal signage not in conformance
with the approved sign program for the site.
9.
TTUCC SPORFI
The storage of oamnercial vehicles is prohibited.
10.
OUIIDOOR SERVICING
The servicing of vehicles outside the service bays is prohibited,
with the exception of the dispensing of gasoline and oil and the
replacement of minor parts, such as water hoses, fan belts, etc.
11.
STCRAGE
Storage of miscellaneous items is not permitted outside the
service station building. All items currently stored behind the
building shall be removed.
RESOLJJTION NO. 3022 (6U-87) APRIL 27, 1987
MOBIL OIL CORPORATION
PAGE -4-
12. MODIFICATION OF APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property owner
shall desire to make any minor changes, alterations or amendment
of the approved development plan, a written request or revised
development plan shall be submitted to the Director of Planning
and Development. If the Director makes a finding that the
changes are minor and do not result in a material affect upon the
appearance or function of the project, said changes may be
certified on the revised plan. If approval of said changes is
withheld, the applicant may appeal to the Planning Commission.
If the Director finds that the requested changes are material,
such changes shall be referred to the Planning Commission for
approval. If the changes are denied by the Planning Commission,
the applicant may appeal to the City Council as provided in City
Ordinance No. 652.
If said changes are approved by the Planning Commission, an
appeal may be made to the City Council by any interested party.
Further, any Member of the City Council may request a hearing
before the City Council regarding said approved changes. Said
request shall be made within ten (10) days from the date of
approval of said changes by the Planning Commission.
PASSED AND ADOPTED this 27th day of April, 1987, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo and
Chairman Mackenzie
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
T: APPROVED:
(
Robert S. Cowan Do MacKenzie, irman
Planning Director Planning Comnissio
RS06U87(M-4)