Reso 403455-U-87
C I T Y O F C U P E R T I N 0
10430 S. De Anza Boulevard
Cupertino, California 95014
RESOLUTION NO. 4034
OF THE PLANNING COM4IISSION OF THE CITY OF CUpFIum;o
REOQMMNDING APPROVAL OF A USE PEBBLY TO ALILW
AN E ISTING SERVICE STATION TO OPERATE
WTIH HOURS FROK 6 AM TO 11 PM
SECTION I• FINDINGS
MMREAS, 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 Commission finds that the application meats 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
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 reommnended 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 55-U-87 as set forth in the Minutes of the Planning
Commission Meeting of February 8, 1988, and are incorporated by reference
as though fully set forth herein.
RESOLUTION r7O. 4034 (55-U-87) 2/08/88
PAGE-2-
SECTION II• PROJECT DESCRIPTION
APPZSCATION: 55-U-87
APPIZCANT: CHEVRON U.S.A.
PROPERTY OMM: CUPEMM DE ORO CLUB
LOCATION: NORTH FAST CORNER OF N. DE ANZA BOULEVARD AND
HCtESTEAD ROAD
SECTION III: CONDITIONS ADMINISTERED BY THE PLAMDr. DEPARIMEM;
1. APPROVED EXHIBrM •
The recommendation of approval is based upon Exhibit A of Application
55-U-87 except as may be amended by conditions contained herein.
2. USE LIhII.TATIONS•
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 accordance
with Cm-diticn No. 5 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 alcoholic
beverage item be sold on the premises.
No other incidental activities, unrelated to the service station use
as defined by the City's General CCUmiereial Ordinance and by these
oomxditions, 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 Everett
Policy.
3. SI
The applicant shall remove all signage not in conformance with the
approved sign program for the site. The sign shown on Exhibit A is
not approved under this application.
gFSOLurioN NO. 4034 (55-U-87) 2/08/88
PAGE - 3 -
4. ON SITE PARKII�G
The applicant shall stripe a minimum of 8 spaces on site in oapliance
with the City parking standards and Parking Ordinance. The applicant
shall submit a striping plan to staff for approval prior to
installation. All automobiles parked on the site shall be placed in
the approved, striped off-street parking spaces.
... - a--u «a.
Servicing of autcambiles 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.
ME a.� ILW—!
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 mcneydrop 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) Window areas shall not be obscured with signs or merchandise to
ensure visibility of cashier area.
4) Tinted window glass shall not be used.
5) The cashier's counter shall be located adjacent to the window to
ensure visibility from the street.
The applicant/property owner is encouraged to implement the following
optional techniques to further reduce theft potential:
6) Installation of video surveillance cameras within the service
station building, especially near the cashier's area.
7) Installation of a floor mounted push button alarm system linked to
a contract alarm monitoring c-Pant'.
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 mininman
equipment:
1) Installation of bullet-proof glazing.
2) Inclusion of an interior restroan.
3) Inclusion of an emergency shutoff switch.
4) Provision of an internal safe.
5) inclusion of a telephone.
RESOLWI027 140. 4034 (55-U-87) 2/08/88
PAGE - 4 -
7. JJCURS OF OPERATION
Approval is granted to operate from 6 AM to 11 PM.
8. 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.
The applicant shall regularly remove all trash frim the site. In
particular, the applicant or property owner shall be responsible for
removing all bottles, trash, and other debris from the tree grove on
the east portion of the site.
10. TRASH ENCLOSURE
The applicant shall construct a trash enclosures on site. Plans for
the enclosure shall be approved by staff prior to construction.
Applicant shall keep all trash containers within the enclosure.
11. DISPLAY SHED
Applicant shall remove the display shed located along the northerly
property line.
12. MODIFICATION OF APPFDVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or wwanent 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 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 changes is withheld, the applicant may appeal to the
Planning ccu issicn.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning ca miission for approval. If
the changes are denied by the Planning Canmissicn, the applicant may
appeal to the 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 frtan the date of approval of said changes by the
Planning Canmissicn.