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U-1981-17b 17-U-81 RESOLUTION NO. 2240 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO 0 APPROVING A USE PERMIT TO REMOVE AN EXISTING SERVICE STATION AND REPLACE IT WITH A NEW SELF-SERVE GASOLINE DISPENSING FACILITY. APPLICANT: Shell Oil Company ADDRESS: 1150 Bayhill Drive, San Bruno, California 94066 SUBMITTED: August 3, 1981 LOCATION: Northeast corner of Stevens Creek Boulevard and Stelling Road Approval 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 September 14, 1981. 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.and B of Application 17-U-81 as may be amended by additional conditions contained herein. 16. The applicant shall record a covenant agreeing to provide reciprocal ingress/egress easements with the adjoining properties. The easements ® are to be implemented at such time in the future as the City can require the same of the adjoining property owner(s) . 17. Signs and lighting shall be subject to staff approval. 18. Landscape berming and ground cover along Stelling Road shall match the treatment utilized on the Racquet Club facility across Stelling Road. 19. The applicant shall utilize a security system which is described in writing and approved by the Sheriff's office prior to issuance of building permits. 20. The block wall around the storage building shall fully enclose the trash receptacle. 21. The use permit approval is granted for a self-service gasoline/motor oil dispensing station. No automobile repair is permitted on the subject property. 411 - 2 - CITY OF CUPERTINO City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 110 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO GRANTING A USE PERMIT WHEREAS, the Planning Conuuission 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 meet 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. 411 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 be, and the same is hereby granted, 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. (Continued on Page 2) -1- Planning Commission.Resolution No. 2240 (continued) 17-U-81 PASSED AND ADOPTED this 14th day of September, 1981, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the 410 following roll call vote: AYES: Commissioners Adams, Binneweg, Chairman Claudy NAYS: None ABSTAIN: None ABSENT: Commissioner Blaine, Koenitzer APPROVED: /s/ John Claudy John Claudy, Chairman Planning Commission ATTEST: James'-H'. Sisk Planting-Director. • - 3 -