Reso 41526 -U -B9
CrTY OF CUPERI O
10300 'MRRE AVE 4TJE
CUP=IN0, CA 95014
RESOLUPION NO. 4152
OF THE PLANNING OaM IISSION OF TFiE CITY OF CUPERT1N0
RECOMMENDING APPnCIVAL OF A USE PERMIT TO OPERATE
A CONVENIENCE RETAIL SALES AREA AS AN
ADJUNCT TO AN EXISTING AUP(MOBILE 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 Commission 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
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 recommended 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 6-U-89 as set forth in the Minutes of the Planning
Commission Meeting of April 24, 1989, and are incorporated by reference as
though fully set forth herein.
RESOLUITON NO. 4152 (6-U-09) 4/24/09
PIECE - 3 -
The applicant/property owner is encouraged to implement the following
optional techniques to further reduce theft potential:
7) Installation of video surveillances cameras within the service
station building, especially near the cashier's area.
0) installation of a floor mounted push button alarm system linked
to a contract alarm monitoring company.
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 for 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.
5. LANDSCAPING
The applicant shall submit a plan to the Architectural and Site
Approval Committee to enhance the existing landscape areas planters
including introduction of new understory landscape materials to
achieve greater height and color.
6. MODIFICATION OF APPROVED DEVE?APMENT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor dhanges, 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 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 Ccammission.
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 Commission, 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 from the date of approval of said changes by the
Planning Camnission.
RFSOLLIrION 110. 4152 (6-U-89) 4/24/89
PAGE - 2 -
SfCPION II• PRWrQT DESCRIPPION
Application NO(s) 6-U-89 and 7 -EA -89
Applicant: Robert H. Lee and Associates
Property Owner: Shell oil Cgim)any
Location: Southwest corner of Wolfe Road aril Homestead Rd,
SECTION III• OONDITIONS ARdINISTERED BY THE C0MMUMM DEV. DEPARIMERr
1. APPROVED EXHIBITS
4he recommendation of approval is based on sheets A-1 and A-2 of
6-U-89 (3-24-89), except as amended by conditions contained herein.
2. PARKING IMPJVEMII7IS/USAGE
The applicant shall provide ten (10) striped parking spaces on site.
A striping plan shall be approved by staff prior to installation.
The plan shall comply with the City dimensional standards. One space
shall be designated as a handicapped parkirq space.
All automobiles parked on the site shall be placed in the striped
off-street parking spaces to be shown on the approved striping plan.
3. USE LIMITATIONS
This use permit authorizes the operation of a 200 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. Sale of alcoholic beverages is not encompassed in this
Use Permit, and shall require separate Use Permit review to determine
the acceptability of such activity. All entitlements with respect to
auto fuel sales, automotive repair and hours of operation granted
under Use Permit 16-U-82 shall remain in effect.
4. SECURITY
The applicant/property owner shall implement a security plan to reduce the
potential for theft and robbery, which shall consist of the following
minimum retirements:
1) Require exact change or credit card sales after 11:00 p.m.
2) Institute a prepayment system for gasoline sales after 11:00 p.m.
3) install a moneydrop 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) Avoid obscuring window areas with signs or merchandise to ensure
visibility of cashier area.
6) Avoid use of tinted window glass.
RESOLUTION NO. 4152 (6-U-09) 4/24/09
PACE - 4 -
7. DEFERRED SPRF-r IMI47Amimr CwEa7Arr1'
The applicant shall record a covenant which documents the cumulative
floor area of applications received after February 1, 1906 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.
The covenant shall state that space approved in addition to that
approved in oonjunction with this use permit will trigger street
improvements established by city policy, including but not limited to
the following:
A) Street widening, improvements, and dedications shall be in
accordance with City Standards and specifications and as required
by the City Engineer.
8) Curbs and gutters, sidewalks and related structures shall be
installed in accordance with grades and standards as specified by
the City Engineer.
C) Street lighting fixtures shall be installed as directed by the
City Engineer. All on and off-site lighting shall be designed to j,
in no way interfere with adjacent areas and shall be no higher
than the naAMUM height permitted by the zone in which the
property is located.
D) Fire hydrants shall be located as required by the City.
E) Traffic control signs shall be placed at locations specified by
the City.
F) Street trees shall be planted within the Public Right of Way in
accordance with Ordinance No. 125.
G) Grading' shall be as approved and required by the City Engineer in
accordance with Ordinance 214(a).
H) Drainage shall be provided to the satisfaction of the City
Engineer.
I) The applicant shall be responsible for complying with the
requirements of the Underground Utility Ordinance No. 331 and
other related ordinances and regulations of the City of Cupertino,
and shall make the necessary arrangements with the utility
companies involved for the installation of said facilities. The
applicant shall submit a detailed plan showing utility underground
provisions. (This plan must have prior approval of the utility
companies and the City Engineer.)
RESOLUPION NO. 4152 (6-U-89) 4/24/89
PAGE - 5 -
J) Installation of a transit turnout on the Wolfe Road frontage,
including relocation of frontage landscaping and closure of the
existing northerlymost driveway.
8. SIGN PF�iJG[tAM
Prior to initiating the use permit entitlements, the property owner
shall obtain sign program approval from the Architectural Site and
Approval Committee; the sign program shall specify abatement of all
existing non -conforming signs present on the site.
PASSED AND ADOPTED this 24th day of August, 1989, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: Claudy, Mackenzie, Sorensen, Szabo and Chairman Adams
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
/s/ RobPrt Cowan
Robert Cowan
Ccammmity Development Director
RES6U89\,peresoS (2)
/s/ Victor Adams
Victor Adams, Chairman
Planning Commission
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