Reso 304826-U-87
CITY OF CUPERTINO
10430 S. DE ANZA BOULEVARD
CUPERTINO, CALIFORNIA 95014
RESOL27PION NO. 3048
OF ME PLANNING CESSION OF THE CITY OF CUPEFQ'I 0
RECOMMENDING APPROVAL OF A USE PEFd-IIT TO OPERATE
A SNACK SHOP AT AN =STING SERVICE SIATICN
SECTION I: FIIQDINGS
WHEREAS, the Planning Ccom ssion of the City of Cupertino received an
application for a Use Permit, as described cn Page 2 of this Resolution;
and
WHEREAS, the applicant has met the burden of proof required to support
said application; and
WHEREAS, the Planning Commission finis that the application meets the
following ram:
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
accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over aryl
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, testinnny and
other evidence submitted in this matter, the application for Use Permit is
hereby reoamended for approval, subject to the oorditions which are
enume ated in this Resolution beginning on Page 2 thereof; and
That the subeenclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 26-U-87 as set forth in the Minutes of the Planning
Camnissicn Meeting of June 22, 1987, and are incorporated by reference as
though fully set forth herein.
RESOIUMON NO. 3048 (26-U-87) 6/22/87
PAGE-2-
SECTION II• DESCRIPMON OF PPaTECI
Application No(s) 26-U-87 and 28-EA-87
Applicant: ARM Petroleum Products
Property Owner: Same
Location: Southeast corner of De Anza Boulevard and
Silverado Avenue
Parcel. Area
(Acres) : .41 net
.61 gross
The reccumenclation of approval is based on Exhibit A of Application
26-U-87, except as may be amended by the Conditions ca tained in
this Resolution.
ARwMIiIMVAVt9Qk
This use permit authorizes the operation of a 375 sq. ft. snack shop
at an existing gasoline station. Approval is granted to sell small
personal convenience items and pre -packaged and microwavable foods
in disposable containers intended primarily for consumption
off -premises. Sale of food items intended primarily for on -premises
consumption 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 Gormercial Ordinance and by these
conditions, is permitted. ESmmples 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.
Proucticnal events related to the service station use are permitted
Per the City's Sign Ordinance and Outdoor Sales Promotional Event
Policy.
3. ON SITE PARI@iG
The site shall be striped with parking spaces as shown an Exhibit
A. All automobiles parked on the site shall be placed in the
striped off-street parking spaces.
RESOLLTION In. 3048 (26-U-87) 6/22/87
PAGE - 3 -
4. 3-TIMMS CODE
The applicant shall oaiply with all building code tents
pertairLug to the snack stop.
5. LANDSCAPING
A 10 foot wide planter shall be installed between the two Silverado
Avenue driveways. The planter at the corner of Silverado Ave. and
Stevens Creek . BaAevard shall be widened to accommodate trees and
shribs.
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.
6. HOURS OF OPERATION
Hours of operation are limited to 6 AM to 11 PM.
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.
. aly�a: �. �14: ah IVIa.�IiID'ul7hlrt:.iil�:r:�ti1J
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
improvement obligation. A draft covenant shall be submitted to
staff for approval prior to recordation.
9. MODIFICATION OF APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amm%be*+* of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Plarvdng 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 oranges is withheld, the
applicant may appeal to the Planning Camd ssion.
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 Com ission, the applicant
may appeal to City Council as provided in City Ordinance. No. 652.
RESOILII'ION 110. 3048 (26-U-87) 6/22/87
PAGE - 4 -
If said changes are approved by the Planning Commissicn, 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 stall be made
within ten (10) days from the date of approval of said changes by
the Planning Com fission.
10. REMOM OF DEF42IS
Applicant shall remove the storage shed and assorted debris located
on site.
11. SEC[JRITY
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) Install a moneydrop 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 er=ouraged 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 canpany.
12. SNACK SHOP USE/TRASH
Zhe 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 and City Council to police
the surrounding area on a daily basis of all trash within 300 ft. of
the site boundary.
Y� • 7 .�iM71'JY: M �.
Attractive trash receptacles shall be located at the site corners
adjacent to the public right -of -ray. Mie precise location and
design shall be subject to staff approval.
RESOLUTION NO. 3048 (26-U-87) 6/22/87
PAGE - 5 -
411 14. NOISENAKING 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.
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: COMMMIrSSIONERS: Adams, Claudy, Sorensen, Szabo, and
Chairman Mackenzie
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
AI:EST: APPROVED:
(ArtAre-4M,
:‘ .k
Robert Cowan Donald Ma le, •i.r irman
Director of Planning Cupertino Planning •• I 'ssion
41, RES26U87(RANDY)