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Reso 4027APPLICATION 53-U-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 RESOLUTION NO. 4027 OF THE PLANNING CQRCMION PZ03022IDING APPROVAL OF A USE PERMIT TO OPERATE A 185 SQUARE FOOT SNACK SHOP WITHIN AN E=TING SERVICE STATION SECTION I. FINDINGS 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 WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Ccamnission 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 accomnodate 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 or persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. e) The sale of alcoholic beverages is not approved given the proximity of the site to residential areas (behind and across street). This prohibition is with the consent and agreement of the applicant who has not requested concurrent sale of gasoline and alcohol related products (see letter dated November 23, 1987 from Roger Sayre representing ARCO). NOW, TARE, HE 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 recommended ded for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and net the subconclusions upon which the findings and conditions specified in this Resolution are based and container) in the Public Hearing record concerning Application 53-U-87 as set forth i, the Minutes of the Planning Commission Meeting of January 11, 1988, an, re '.=rporated by reference as though fully set forth'herein. RrSOLULTON NO. 4027 (53-U-87) 1/11/87 PAGE -2- SSECTION II • APPLICATION DESCR]:PPION Application No(s) 53-U-87 and 56-EA-87 Applicant: Aroo Oil Property Owner. Aroo oil Location: Southwest corner of Silver Oak Wayand Foothill Boulevard. 1012 Foothill Blvd. Parcel Area (Acres): .63 net .85 areas ,SEMON IV: OONDTPIONS AEMINISTUM BY THE PLANNING DEPAIZIMQ7I' 1. APPROVED EMiIBITS The reomme-n ation of approval is based on Exhibits A and B of Application 53-U-871 except as may be amended by the Conditions contained in this Resolution. 2. HOURS OF OPERAZZON Hours of operation are limited to 6 AM Ta 10 PM 3. NOISEMMC NG DEVICES No public address system or paging system, powered megaphone or similar noisevaking device shall be permitted outdoors at any time. 4. APPROVED USE Approval is granted to operate a 185 square foot snack shop within the existing service station for sales of small personal convenience items, non-alcoholic beverages, and pre -packaged and miam.4avable foods' in disposable containers intended primarily for consumption off -premises. No other incidental activities, unrelated to the service statical 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 merdmndising of items unrelated to vehicle servicing, autanotive or petroleum products; storage of vehicles for off -site use; vehicle rentals; etc. Pr national events related to the service station use are permitted per the City's sign Ordinance and Outdoor Sales Promotional Event Policy. Automobile repair is limited to minor autanotive maintenance/repair as defined within the CG ordinance. RFSOLUMON NO. 4027 (53-U-87) 1/11/87 PAGE -3- 5. ON SITE PARKING The site shall be striped with parking spaces as shown on Exhibit A. All automobiles parked on the site shall be placed in the striped off-street parking spaces. The applicant shall ocuply with all building, fire, and health code requirements pertaining to the snack shop. 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. 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. 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 subutted 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 charges may be certified on the revised plan. If approval of said &uuxjes is withheld, the applicant may appeal to the Planning Commission. If the Director finals that the requested charges are material, such changes shall be referred to the Planning Camnissicn for approval. If the changes are denied by the Planning Commission, the applicant may appeal to 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.