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Reso 305620-U-87 CITY OF CUPERTINO 10430 S. DE ANZA BOULEVARD, CUPERrM, CALIFa IA 95014 RESOLL7TICN NO. 3056 OF THE PLAN M G COMMISSION OF THE CITY OF CUPERIINO RECCI+PUMn G APPF43VAL OF A USE PERMIT TO OPERATE AN EXISTING SERVICE STATION CNT A 24 PER DAY BASIS SECTION I• FINDINGS WHMEAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and NTFiERFAS, the applicant has met the burden of proof required to support said application; and MIMEAS, the Planing Ca=ission finds that the application meets the following reg irements: 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 accoarodate 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 inprovements in the neighborhood. NOW, TiERlUORE, 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 reccammerded for approval, subject to the oonditiom which are ernmierated in this Resolution beginning on Page 2 thereof; and ?hat the suboonclusicns upon which the firxiings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 20-U-87 as set forth in the Minutes of the Planning Cam nission Meeting of June 22, 1987, and are incorporated by reference as though fully set forth herein. RESO=ON NO. 3056 (20-U-87) 6/22/87 PAGE-2- SECTION II: DESC'R=ON OF PFCI7EC'P Application No(s) 20-U-87 and 20-EA-87 Applicant: Chevron, USA Property Owner: Nardesich Corarry Location: southwest corner of Stevens creek Boulevard and De Anza Boulevard Parcel Area (Acs): 0.58 net 9r.•l/�� 9.1.q: YK� The reoaumuendation of approval is based on Exhibit A of Application 20-U-87, except as may be amended by the conditions contained in this Resolution. The applicant shall stripe ten (10) parking spaces as shown on site in full compliance with City dimensional standards. one space shall be designated as a handicapped parking space. 3. USE UMrrAATION The subject use permit authorizes continued operation of a gasoline service station for retail disposing of fuel., sale of automotive products and automotive servicing activities limited in aocozdanoe with Condition No. 7 of this resolution. Incidental sales of convenience items such as candy, snack foods, ccamgn 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 alochclic 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. RESOLUTION NO. 3056 (20-U-87) 6/22/87 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. ILLBGAL SIGNAGE The applicant shall move all signage not in conformance with the approved sign program for the site. 4 The applicant shall restore existing planters with trees, shrubs and gro uncover as necessary, subject to staff approval. 6. ON SITE PARKING All automobiles parked on the site shall be placed in the approved, striped off-street parking spaces required under Oonlition 2 of this Resolution. 7. OUTDOOR SMIVICING 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. s . SECURM 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 card for sales of all products after 11:00 PM. 2) Institute a prepayment system for gasoline sales after 11:00 PM. 3) install a moneydrep 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 cashier's counter shall be located adjacent to the window to ensure visibility from the street. Me applicant/property 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 monitoring cmPanY• RESOLUTION NO. 3056 (20-U-87) 6/22/87 PAGE - 4 - 411 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 restroam. 3) Inclusion of an emergency shut-off switch. 4) Provision of an internal safe. 5) Inclusion of a telephone. 9. 24-HOUR OPERATION Approval is granted to allow 24 hour operation. However, operation beyond the hours of 6 AM to 11 PM shall be at the voluntary option of the operation of the station and not solely as a result of a requirement by the company which owns the station. 10. NOISEMAKING 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 ADOPTED this 22nd dayof 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 Chairman Mackenzie NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: 0,-4-/C-CNA/C4A,‘ Robert Cowan to Mackenzie, ;rman Director of Planning Cupertino Planning omission RES20U87(MARK)