Reso 3049 27-U-87
CITY OF CUPERTINO
10430 S. DE ANZA BOULEVARD
411 CUPERTINO, CALIFORNIA 95014
RESOLUTION NO. 3049
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO OPERATE
A SNACK SHOP AT AN EXISTING SERVICE STATION
ON A 24 HOUR BASIS
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 27-U-87 as set forth in the Minutes of the Planning
Commission Meeting of June 22, 1987, and are incorporated by reference as
though fully set forth herein.
RESOLUTION NO. 3049 (27-U-87) 6/22/87
PAGE - 2 -
411 SECTION II: DESCRIPTION OF PROJECT
Application No(s) 27-U-87 and 29-EA-87
Applicant: ARCO Petroleum Products
Property Owner: Same
Location: Northwest corner of Valley Green Drive and
De Anza Boulevard
Parcel Area
(Acres) : .49 net
.59 gross
SECTION IV: CONDITIONS ADMINISTERED BY THE PLANNING DEPARTMENT
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit A of Application
27-U-87, except as may be amended by the Conditions contained in
this Resolution.
2. USE LIMITATIONS
This use permit authorizes the operation of a 313 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 Commercial Ordinance and by these
conditions, 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 and Promotional
Event Policy.
3. 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.
4. BUILDING CODE
The applicant shall comply with all building code requirements
pertaining to the snack shop.
RESOLUTION NO. 3049 (27-U-87) 6/22/87
PAGE - 3 -
5. LANDSCAPING
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
The snack shop and service station is approved for 24 hour
operation.
7. OUTDOOR SERVICING
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.
8. DEFERRED STREET IMPROVEMENT COVENANT
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.
111
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 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 Commission.
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 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.
RESOLUTION NO. 3049 (27U-87) 6/22/87
PAGE - 4 -
10. SECURITY
The applicant/property owner shall implement a security plan to
reduce the potential for theft and robbery, which shall consist of
the following minim►m, requirements:
1) Require exact change or credit card sales after 11 PM.
2) Institute a prepayment system for gasoline sales after 11PM.
3) Install a moneydrop floor safe to which the attendant has no
acrPas.
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) Window areas shall not be obscured with signs or merchandise
to ensure visibility of cashier area.
6) Tinted window glass shall not be used.
7) 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:
8) Installation of video surveillance cameras within the
service station building, especially near the cashier's
area.
9) Installation of a floor mounted pushbutton 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 minimim,
equipment:
1) Installation of bullet-proof glazing.
2) Inclusion of an interior restroom.
3) Inclusion of an emergency shut-off switch.
4) Provision of an internal safe.
5) Inclusion of a telephone.
11. SNACK SHOP USE/TRASH
The 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.
12. 24-HOUR OPERATION
Approval is granted to allow 24-hour operation. However, operation
beyond the hours of 6 AM to 11 PM shall be at the voluntary option
411 of the station and not solely as a result of a requirement by the
company which owns the station.
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