Reso 304319-U-87
CITY OF CUPERTINO
10430 So. De Anza Boulevard
Cupertino, California 95014
RESOLUTION NO. 3043
OF THE PLANNING COMMISSION OF THE CITY OF CUPFIMM
RECOMMENDING APPF40VAL OF A USE PERMIT
TO OPERATE AN E7QSTING GASOLINE SERVICE STATION ON A
TWENTY-FOUR (24) HOUR BASIS
SECTION I•
WHEREAS, the Planning Commission of the City of Cupertino received an
application for Ameritwot of an existing Use Permit, as described on page
2 of this Resolutiont and
WHEREAS, the applicant has met the burden of proof required to support
said application; and
WHEREAS, the Planning com nissicn finds that the application meats the
following requirements:
a) That the use or uses are in oonformanoe 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
accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over 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 improvements in the neighborhood.
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 reoonamended 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 19-U-87 as set forth in the Minutes of the Planning
Commission Meeting of June 22, 1987, and are incorporated by reference as
though fully set forth herein.
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RESOLUTION NO. 3043 (19-U-87) 06/22/87
Page - 2 -
SECTION II: PROTECT DESC RIPIICXI
Application No(s) 19-U-87 and 19-FA-87
Applicant: Chevron. USA
Property Owner: Samuel Danielson
Location: Northwest corner of SaratAxWu%MMCMle Road
parcel Area (Acs): 0.46 net
USE PE= To operate an existing gasoline service station on a
24-hour per day basis, and construct a trash enclosure.
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The recamrndation of approval is based on Exhibits A and A-1 of
Application 19-U-87, except as may be amexxled by the conditions
contained in this Resolution.
. •I .1 1 I••�•1/iV17i\lF.
The applicant shall stripe seven (7) parking spaces as shown on site
in full ompliance with city dimensional standards. one space shall
be designated as a handicapped parking space.
3. USE r n4ITPA'iT()N
The subject use permit authorizes continued operation of a gasoline
service station for retail dispensing of ftuel, sale of automotive
products and automotive servicing activities limited in accordance
with Condition No. 7 of this resolution.
Incidental sales of convenience items such as candy, snack foods,
common medications, sunglasses and coffee service may be permitted,
provided that such items are displayed and sold at the cashier's
counter within the main building exclusive of the service bays. Use
of appliances other than coin operated vending machines to facilitate
convenience sales is prohibited. In no case shall any alocholic
beverage item be sold on the premises.
No other incidental activities, unrelated to the service station use
as defined by the city's General Commercial ordinance and by these
conditions, is permitted. Examples of such prohibited activities
include outdoor sales or merchandising of items unrelated to vehicle
servicing, automotive or petroleum products; storage of vehicles for
off -site use, vehicle rentals; etc.
RESO=ON NO. 3043 (19-U-87) 06/22/87
Page - 3 -
Promotional events related to the service station use are permitted
per the City's Sign Ordinance and Outdoor Sales Promotional Event
Policy.
4. ILLMAL SIC GE
The applicant shall remove all signage not in conformance with the
approved sign program for the site.
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The applicant shall restore existing planters with trees, shrubs and
groundcover as necessary, subject to staff approval.
6. ON SITE PANG
All automobiles parked on the site shall be placed in the approved,
striped off-street parking spaces required under Condition 2 of this
Resolution.
Servicing of automobiles outside of the service bays for purposes
other than those of dispensing gasoline and oil and the replacement of
minor parts such as water hoses, fan belts, and wiper blades is
prohibited.
8. SEGi7RIT Y
The applicant/prvpesty owner shall implement a security plan to reduce
the potential for theft and robbery, which shall consist of the
following miniz— requirements:
1) Require exact change or credit carts for sales of all products
after 11:00 PM.
2) Institute a prepayment system for gasoline sales after 11:00 PM.
3) Install a moneydrvp floor safe to which the attendant has no
access.
4) Provide adequate site lighting, including areas away from the
street frontage accessible by vehicle. Location and type of
fixtures shall be subject to approval by staff prior to
installation.
5) window areas shall not be obscured with signs or merchandise to
ensure visibility of cashier area.
6) Tinted window glass shall not be used.
7) The cashiers counter shall be located adjacent to the window to
ensure visibility from the street.
The applicant/prcperty owner is encouraged to implement the following
optional techniques to further reduce theft potential:
8) installation of video surveillance cameras within the service
station building, especially near the cashier's area.
9) Installation of a floor mounted push button alarm system linked to
a contract alarm mcnitoring company.
RESOLUTION NO. 3043 (19-U-87) 06/22/87
Page - 4 -
The applicant/property owner shall also retain the option to provide a
security enclosure for the cashier, subject to informal approval of
location and materials by the Architectural and Site Approval
Committee. 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
9. FLOOD HAZARD PROTECTION
Upon determination by staff that the subject site is within the 100
year flood hazard boundary, the applicant may be required to comply
with requirements for underground fuel storage tanks located within
flood hazard areas.
10. 24-HOUR OPERATION
Approval is granted to allow 24 hour operation. However, operation
beyond the hours of 6 AVE to 11 PM shall be at the voluntary option of
the operator of the station and not solely as a result of a
requirement by the company which owns the station.
11. NOISEMAKENG DEVICES
• No public address system or paging system, powered megaphone or
similar noise making device shall be permitted outdoors at any time.
Speakers are permitted provided they are not audible beyond the
property line.
PASSED AND ADOP1ll) this 22nd day of June, 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
Chairmen Mackenzie
NAYS: SSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
W-CriWart/N
Robert Cowan Do ckenzie,
Director of Planning Cupertino Planning 'ssion
RS019U(MARK)