Reso 247033-U-83
RESOLUTION NO. 2470
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT T❑ OPERATE A MINI-
MARKET CONVENIENCE STORE, INCLUDING THE SALE OF BEER AND
WINE, AT AN EXISTING GASOLINE STATION.
APPLICANT: San Diego Armour Oil Company
ADDRESS: P.O. Fox 81002, San Diego, California 92138
SUBMITTED: October 12, 1983
LOCATION: West side of Saratoga -Sunnyvale Road, south of and
adjacent to the future West Malley Freeway,
approximately 300 f t . north of Wildflower Way.
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FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings
subconclusions as set forth in the
Commission meeting of January 9, 1984.
CONDITIONS:
1-14. Standard Conditions
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as set forth on Paqe 1 and
minutes of the Planning
Standard Conditions to the extent that they do not conflict
with the special conditions enumerated herein. In the
event a conflict does exist, the special conditions as
enumerated herein shall apply.
15. AEerov_ed_Exhibit
The approval is based upon Exhibit A Staff Alternate of
Application 33-U-63 as may be amended by additional
conditions contained herein.
16. LandscaQing_and_Huilding_Design
The applicant shall submit revised architectural renderings
for the building and pump island canopy utilizing a pitched
roof element and incorporating a greater variety and
interest in the building materials. The materials and
colors shall appear compatible to the existing Yamagami
Garden Center located to the south. Additionally, the
applicant shall retain a landscape architect to work with
staff and return informally to the Architectural and Site
Approval Committee to identify the form and function of the
recommended landscaping materials. The landscape plan
shall reflect the placement of the sidewalk, set back 10
ft. from the curb line, continuation of the concrete paving
treatment across the driveway areas. Additionally, the
landscape plans shall accommodate at least ten 24 inch box
specimen trees and provide some landscape materials to help
screen the paving areas. The landscaping plan shall also
identify lighting details.
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Planning Commission Resolution No. 2470 ( cont " d ) _T3_U_e3
17. Prohibition_ on_Noisemaking_Dev_ices
No public address or paging systems, powered megaphones or
similar noise -making devices will be permitted outdoors at
any. time.
18. Hour s_or_Qgeration
The hours of operation shall be limited to b a.m. to 11
p.m. seven days per week.
14. Securitv_Measures
The applicant shall incorporate the following security
measures into the operation of the mini -market:
1. Gasoline pump control from inside the store so that
customers will pay before or after receiving
gasoline.
2. Cash register area visible to passing
patrolmen.
. An alarm system with a safe where the employees
can deposit excess cash.
4. Peer and wine cases located to the rear of the
store with the cash register between the liquor
40 case and the door to discourage attempted shop-
lifting.
20. Recierocal_Ingress/Egress_Easements
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The applicant shall record a covenant agreeing t❑ provide
reciprocal ingress/egress easements with the adjoining
property to the west and south at such time in the future
the
City can require the same of the adjoining property owner.
21. Consolidate_ Existing_2arcel5
The applicant shall merge the two parcels into one lot.
Fencing
The applicant shall record an agreement obligating existing
and future property owners to install a b ft. high masonry
barrier should the adjoining property develop residentially
at some future date. The applicant shall remove the
existing guardrail and replace it with a wooden fence.
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Planning Commission Resolution No. �470 (cont'd) 33-U-83
��. Simon Pro ram
The applicant shall return to the Architectural and Site
Approval Committee with a comprehensive sign program for
the subject site. Portable or other promotional signs
which are not a part of the sign program and which are not
permitted by the Sign Ordinance are strictly prohibited.
24. Minor Changes
In the event that the applicant or subsequent property
owner desires to make any minor change, alteration or
amendment in the approved development plan or building
permit, a written request and revised development plan or
building permit shall be submitted to the Director of
Planning and Development. If the Director of. Planning and
Development makes a finding that the changes are minor and
do not affect the general appearance of the area or the
interests of owners of property within or adjoining the
development area, the Director of Planning and Development
may certify the change on the revised plan. If such
approval is withheld, the 'applicant may appeal to the
Planning Commission. If the changes are material, the
Director of Planning and Development shall submit the
change to the Planning Commission for approval. If the
change is denied by the Planning Commission, the applicant
may appeal to the City Council as provided in Ordinance No.
• 652 of the City of Cupertino. If the change is approved,
an appeal may be made by an interested party. Further, any
member of the City Council may request a hearing before the
Council, said request to be made within ten (10) days from
date of approval - when the change has been approved by the
Planning Commission.
is
215. Particieation_in Median Costs
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The applicant shall agree to participate in the cost of a
median for Saratoga -Sunnyvale Road based upon the
applicant's proportionate share of the cost. The
proportionate share will be determined by the City Council
based upon benefit formulas used to calculate assessment
districts.
26. Pedestrian Easement
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Pedestrian easements (over the sidewalk area) shall be
prepared by the applicant, reviewed by the City Attorney
and recorded on the subject property prior to issuance of
building permits.
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Pl anni ng_ Commi ssi on Resolution No. :2470 (cant ' d ) 33-U-8.
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27. Ingress -and -Egress -Movements
The northerly most curb cut/driveway on Saratoga -Sunnyvale
Road shall be limited to right turn -in movements and the
southerly most curb cut/driveway shall be limited to right
turn-aut movements. The northerly driveway gaining access
to State right of way is approved for two-way movements.
The driveway access is subject to approval of the State
Department of Transportation.
PASSED AND ADOPTED this 9th day of January, 1984, 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, Koenitzer, Szabo,
Chairperson Blaine
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
/s/ Janes H. Sisk
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James W. Sisk
Planning Director
APPROVED:
/s/ Sharon Blaine
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Sharon Blaine, Chairperson
Planning Commission
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