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Reso 304725-U-87 CITY OF CUPERTINO 10430 S. DE ANZA BOULEVARD QJPEFQTNO, CALIFORNIA 95014 RESOLSAZON NO. 3047 OF THE PLANNING COMMISSION OF THE CITY OF CUPE=10 REOCtZEMING APPROVAL OF A USE PERMIT To OPERATE A SNACK SHOP AT AN EXISTING SERVICE SfA ON SECTION I : F TrNDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHFREM, the applicant has net the burden of proof required to support said application; and WHEREAS, the Planning Cmmnission 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 aerate 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, THEP121ORE, BE IT RESOLVED: nmt after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby reccumesded 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 25-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. RESOLUTION NO. 3047 (25-U-87) 6/22/87 PAGE -2- SECTION II • PFd)J T DESCRIPTION Application No 25-U-87 and 27-FA-87 Applicant: AROO Petroleum Products Property Owner: Same Location: Southeast corner of Stelling Road and Stevens Creek Boulevard Parcel Area .60 net (Acres): .85 g oss SECTION III • CONDITIONS AD:UIS = BY 7HE PLANNING L>EPARTTfE2JT The recommendation of approval is based upon Exhibit A of Application 25-U-87 except as amended by conditions contained herein. 2. USE LIMUNTIONS This use permit authorizes the operation of a 260 sq. Et. snack shop at an existing gasoline station. Approval is granted to sell small personal convenience items and prepackaged and microwavable foods in disposable containers intended primarily for consumption off -premises. Sale of food items intended primarily for on -premises consunpticn is prohibited. Sale of alcoholic beverages is prohibited. No other incidental activities, unrelated to the service station use as defined by the city's General Commercial Ordinance and by these corditions, 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. Promotional events related to the service station use are permitted per the city's Sign Ordinance and Outdoor Sales Promotional Event Policy. 3. ON SITE PARFCIPTG The site shall be striped with parking spaces as shown on Exhibit A with the exception that spaces 10 and 12 shall be deleted to ao=m►cdate an enlarged planter. All automobiles parked on the site shall be placed in the striped off-street parking spaces to be shown on the approved striping plan as required in Condition No. 2. 4. BUILDING CODE The applicant shall ccuply with all building code requirements pertaining to the snack shop. RESOLUTION NO. 3047 (25-U-87) 6/22/87 PAGE -3- le"t Y40.1aa e1 The width of the new planter along Stelling Road shall be increased. by 10 feet. The applicant shall submit the final landscape plan for new and existing planter areas to staff for approval prior to installation. The plan shall incorporate plant materials, including trees, which will provide height and color. A row of trees shall be installed along the southern prcpexty line. 6. HOURS OF OPE ATION 7. Hours of operation are limited to 6 AM to 11 FK. The servicing of automobiles outside of the service bays other than the dispensing of gasoline and oil and the replacement of minor parts such as water hoses, fan belts, etc., is prohibited. • �1 JI.1. 71� ' 71 � 1• •.� � li •• ]I I• The applicant shall record a covenant which documents the cumulative floor area of applications received after February 1, 1986 and informs future property owners of the street and streetscape inprovement obligation. A draft covenant shall be submitted to staff for approval prior to recordation. ����ii11C�tiY��� : 9'l.,fl/�I� � 7►/71 � .�i�./ Ji`�i 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 cwries are minor and do not result in a material affect upon the appearance or function of the project, said chmVes may be certified on the revised plan. If approval of said changes is withheld, the applicant may appeal to the Planning Ommdssicm. If the Director finds that the requested changes are material, such If the changes are denied by the Planning Commission,anges shall be referred to the Planning Coamlissian for approval. the applicant may appeal to City Council as provided in City ordinance. No. 652. RFSOIIIIZON NO. 3047 (25-U-87) 6/22/87 PAGE -4- 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. 10. SECURITY The applicant/property owner shall implement a security plan to reduce the potential for theft and robbery, which shall consist of the following minimmi requirements: 1) Install a mmv ydrop floor safe to which the attendant has no access. 2) 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. 3) Avoid obscuring window areas with signs or merchandise to ensure visibility of cashier area. 4) Avoid use of tinted window glass. The applicant/property owner is encouraged to implement the following optional techniques to further reduce theft potential: 5) Installation of video surveillance cameras within the service station building, especially near the cashier's area. 6) Installation of a floor mounted push button alarm system linked to a contract alarm monitoring oanpany. 11. SNACK SHOP USE/TRASH The applicant recognizes that snack shops can add litter to the surrounding area. If litter problems reasonably related to the operation of the snack shop are observed, the applicant agrees at the request of the Planning Commission or City Council to police the surrounding area on a daily basis of all trash within 300 ft. of the site boundary. 12. TRASH RECEPTACLES Attractive trash receptacles shall be located at the site corners adjacent to the public right-of-way. The precise location and design shall be subject to staff approval. 13. N0ISUA� DEVICES No public address system or paging system, powered megaphone or similar noisemaking device shall be permitted outdoors at any time. Speakers are permitted provided they are not audible beyond the property line. RESOLUTION NO. 3047 (25-U-87) 6/22/87 PAGE -5- S PASSED AND ADOPTED 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 Chairman Mackenzie NOES: COMMISSIONERS: None ABSTAIN:COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: PROVED: fa,*(„7,,rot., Robert Cowan Do ckenzie, Cha Director of Planning Cupertino Planning C 'ssion RSO25U87(RD3)