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Reso 3024 APPLICATION 3-U-87 CITY OF CUPERTINO 10430 S. De Anza Blvd. 410 Cupertino, California 95014 RESOLUTION No. 3024 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 2400 SQUARE FOOT ADDITION TO AN EXISTING SERVICE STATION, TO OPERATE AUTOMOBILE SERVICING BAYS, AND TO OPERATE A 1100 SQUARE FOOT CONVENIENCE MARKET AND GASOLINE SALES 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 411 to be located. b) That the proposal is consistent with the Floor Area Ratio requirements of the General Plan. This finding is based on a traffic study which demonstrates that the proposal will not generate traffic levels beyond that assumed in the General Plan. c) That the property involved is adequate in size and shape to accommodate the proposed use. d) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. e) 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 RESOLUTION NO. 3024 (3-U-87) APRIL 27, 1987 PAGE -2- That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 3-U-87 as set forth in the Minutes of the Planning Commission Meeting of April 27, 1987, and are incorporated by reference as though fully set forth herein. SECTION II: APPLICATION DESCRIPTION Application No(s) 3-U-87, 1-V-87 Applicant: SRI Services Property Owner: Rao S. Gullapalli Location: West side of south Saratoga-Sunnyvale Road Approximately 350 feet south of Rainbow Drive Parcel Area : .36 net .46 gross SECTION III: CONDITIONS ADEINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 4. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. 5. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks maybe allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. • RESOLUTION NO. 3024 (3-U-87) APRIL 27, 1987 PAGE -3- 6. PARTICIPATION IN MEDIAN COSTS 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. 7. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 8. PEDESTRIAN EASEMENT Pedestrian easements over the sidewalk area shall be recorded against the subject property prior to issuance of building permits. SECTION IV: CONDITIONS ADMINISTERED BY THE PLANNING DEPARTMENT 9. APPROVED EXHIBITS Ilk The recommendation of approval is based on Exhibits A 1st Rev. , B 1st Rev. , B-1, C-1, Info-1 1st Rev., and Info-2 1st Rev. of Application 3-U-87 and staff exhibit of Application 3-U-87 except as may be amended by the Conditions contained in this Resolution. 10. APPROVED USE Approval is granted to construct a 2400 square foot addition to an existing service station. Approval is granted to operate a 1100 square foot convenience market selling 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. 11. HOURS OF OPERATION Hours of operation are limited to 7 am to 11 pm. 12. FINAL MAP The final parcel map merging the two existing parcels shall be recorded prior to issuance of building permit. RESOLUTION NO. 3024 (3-U-87) APRIL 27, 1987 PAGE -4- 13. LANDSCAPING AND DRIVEWAY MODIFICATIONS The landscape areas and northern driveway shall be modified to reflect the arrangement shown on the staff exhibit. 14. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape planting and irrigation plan for informal review by the Architectural and Site Approval Committee prior to issuance of building permits. 15. CONVENIENCE MARKET PARKING The applicant shall designate five spaces on site for the exclusive use of convenience store patrons. The spaces shall be clearly marked with signs, asphalt lettering, or both. 16. ON-SITE PARKING All automobiles parked on site shall be placed in the approved, striped off-street parking spaces as shown on Exhibit A 1st Revision. 17. OUTDOOR SERVICING The servicing of automobiles outside of the service bays other than 410 the dispensing of gasoline and oil and the replacement of minor parts such as water hoses, fan belts, etc., is prohibited. 18. DRIVEWAY CLOSURE The property owner shall record a covenant agreeing to close the northern site driveway on South Saratoga-Sunnyvale Road if deemed necessary by the Director of Public Works to accommodate the future Highway 85 offramp/frontage road. The covenant shall also acknowledge that the property owner is obligated to install landscaping consistent with the adjoining existing landscaping over the closed driveway area if said closure becomes necessary. The covenant shall be approved by the Planning Department and the City Attorney and shall be recorded prior to issuance of building permits. 19. EXTERIOR MATERIALS The applicant shall utilize a brick veneer exterior on the north side of the service station addition. The veneer shall match that used on the existing station. RESOLUTION NO. 3024 (3-U-87) APRIL 27, 1987 PAGE -5- 41) 20. 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 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 Commission. IIP PASSED AND ADOPTED this 27th day of April, 1987 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Sorensen, Adams, Claudy, Szabo, Chr. Mackenzie NAYS: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: Mark Caugh Donald Mackenzie, ChalAman Associat Planner Cupertino Planning Cotission rsolv87(Q-1)