U-1978-07b 7-U-78
RESOLUTION NO. 1862
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW THE REMOVAL OF AN
411 EXISTING GASOLINE SERVICE STATION AND REPLACE SAID
FACILITY WITH A GASOLINE ONLY DISPENSING STATION.
APPLICANT: Shell Oil Company
ADDRESS : 100 North Winchester, Suite 300, San Jose, California
SUBMITTED: May 2, 1978
LOCATION: Northeast corner of Stevens Creek Boulevard and Stelling Road
Apporval is recommended subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning Commission meeting
of July 10, 1978.
CONDITIONS:
1-14. 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 enumerated herein shall apply.
15. The approval is based upon Exhibits A 1st Revision, B, and Staff
Informational of Application 7-U-78 as may be amended by additional
conditions contained herein.
16. The use permit approval is granted for a self-service gasoline/motor oil
® dispensing station. No automotive repair is permitted on the subject
property.
17. The existing service station structure on the site may be removed. The
design concept for the pump island, canopy and auxiliary structures are
acceptable per Exhibit B only insofar as height, bulk and general concept
are indicated. The architectural style and exterior materials of said
structure shall be modified to the satisfaction of the Architectural and
Site Approval Committee to reflect a "spanish" motif complementary to the
immediate neighborhood.
18. The site layout shall be modified according to the guidelines contained
on the Staff Informational Exhibit, to the satisfaction of the Architectural
and Site Approval Committee.
19. The applicant shall sign a statement acceptable to the City Attorney agreeing
to provide a reciprocal ingress/egress easement with the adjacent property
to the east which shall be implemented at such time as the same agreement
can be required of said adjacent owner. Said agreement shall be reviewed
and accepted by the City Attorney and shall be recorded prior to issuance
of building permits.
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CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND-
ING APPROVAL OF A USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a USE PERMIT, as stated on Page 2; 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
and is 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 beyond 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 use
nor injurious to property and improvements in the neighbor-
hood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application of the USE PERMIT
is hereby recommended for approval, subject to the conditions stated
on Page 2; and
BE IT FURTHER RESOLVED:
That the aforementioned findings be approved and adopted, and that the
Secretary be, and is hereby directed to notify the parties affected by
this decision.
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7-U-78
Planning Commission Resolution No. 1862 (continued)
•
411 PASSED AND ADOPTED this 10th day of July, 1978, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: Commissioners Claudy, Gatto, Koenitzer, Chairperson Blaine
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Adams
APPROVED:
•
/s/ Sharon Blaine
Sharon Blaine, Chairperson
Planning Commission
ATTEST:
411 Robert Cowan
Assistant Planning Director
AAP
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