U-1987-15bCftq of Cuperti"o
10300 Torre Avenue
Cupertino, California 95014
Telephone:(408) 252-4505
DEPARTMENT OF THE CITY CLERK
June 9, 1987
• Shell Oil Co.
1150 Hayhill Drive Ste. 200
San Bruno, CA 94066
CITY COUNCIL ACTION - APPLICATION 15-U-87
P.O. Boa 580
Cupertino, California 95015
UITERI,u CITY HALL
104�J S. UaAn2a Blvd.
C44ikno. CA e1"014
This will confirm the action by the City Council at their meeting of May
18, 1987 at which your Application 15-U-87 was approved per the following
conditions.
OONDITIONS ADMINISTERED BY THE PLANNING DEPAFiTi4FNr
1. APPROVED EX[iIBPPS
The rec=wndation of approval is based upon Exhibit A of Application
Is 15-U-87 except as amended by conditions contained herein.
2. PARKING IMPROVEMENTS
The applicant shall provide 7 striped parking spaces on site. A
striping plan shall be approve by staff prior to installation.
The plan shall oomply with the City dimensional standards. One space
shall be designated as a handicapped parking space.
3. USE UM TATIONS
This use permit authorizes the operation of a 370 sq. ft. snack shop
at an existing gasoline station. Approval is granted to sell small
personal oonvenienee items and pre -packaged and microwavable foods in
disposable containers intended primarily for consumption
off -prises. Sale of food it intended primarily for on premises
eons mlption is prohibited. Sale of alcoholic beverages is prohibited.
The 928 square foot area labeled "storage area" on E&ibit A shall not
be used for storage of snack shop related products.
The snack shop shall maintain the same hours of operation as the haul
for the sale of gasoline.
4. ON SITE PARIdTIG
All automobiles parked on the site shall be placed in the striped
off-street parking spaces to be shown on the approved striping plan as
required in Condition No. 2.
• 5. BUILDING OODE
The applicant shall comply with all building code requirements
pertaining to the snuck shop.
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.
The covenant shall contain a clause acknowledging that any additional
application involving expansion or change in use shall trigger
• standard street improvement and special stxeetscape inprovement
requirements as established by City policy.
7. MODIFICATION OF APPROVED DEVELDPMENP PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor charges, 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 OrdhUVIOe No. 652.
If said changes are approved by the Planninti Omml ion, an appeal may
be made to the city C urail by any interested ply. Further, any
Member of the City Council may request a hearing before the City
Cau=il regarding said approved changes. Said request shall be made
within ten (10) days frm the date of approval of said changes by the
tPlanning Ooamission.
8. SDCURI1Y F1AN
The applicant shall prepare, present and implement a security plan to
minimize the potential for theft and robbery and to maximize personal
safety. Said plan shall be reviewed by the City,s Sheriff liaison and
approved by the City.
Mie expiration date of the use permit is May 18, 1989 (Section 6.4 of
ordinance No. 652 as revised by Ordinance No. 1136).
sincerely,
XXDORYM /OM;NELSLIS, CKC
10 CITY CLERK
cc: Department of Planning and Development
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Wells Richter
1150 Bayhill Dr., Ste. 200
San Bruno, CA 94066
Edward and Maria Cali
20430 Stevens Creek Boulevard
Cupertino, CA 95014
APPLICATION 15-U-87
C I T Y OF CUPERTINO
10430 S. DE ANZA BOUIEVARD
C(JFEFTD1O, CALIFORNIA 95014
RESOIiTTION NO. 3032
OF THE PLANNING OCKCISSION OF THE CITY OF CUPE1MgO
REC344ENDI1G APPRWAL OF A USE PEIdIIT TO OPERATE
A SNACK SHOP AT AN E}QST'= SERVICE STATION
*07AS, the Planning Cc =isston of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
krroTASI the applicant has met the burden of proof required to support
. said application.; and
MEREASI 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
aaxamodate 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 om-iditicns which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusiens upon which the findings and conditions specified
in this Resolution are based and contained in the Public }searing record
concerning Application 15-U-87 as set forth in the Minutes of the Planning
Coimnission Meeting of May 11, 1987, and are incorporated by reference as
though fully set forth herein.
r L=ON NO. 3032 (15-U-87) 5/11/87
.� PAGE-2
SECTION II: PROTECT DESCRIPTION
Application No(s) 15-9-87
Applicant: Shell oil Comzmny
Property Owner: Edward and Maria Cali
Location: Southeast corner of Stevens CreekBoulevard
and Miller Avenue
Parcel Area
(Acres): .51 net
.75 QrUss
SECTION III• CONDITIONS ArMIN TEMM BY THE PIANNM DEPART
1. AA�JED EXHIBITS
• The reoameeidation of approval is based upon Exhibit A of Application
15-U-87 except as amended by conditions contained herein.
2. PARKING ]2�idVEbg2TI8
The applicant shall provide 7 striped parking spaces on site. A
striping plan shall be approve by staff prior to installation.
The plan shall omply with the City dimensional standards. One space
shall be designated as a handicapped parking space.
3. USE LIDIITATIONS
This use permit authorizes the operation of a 370 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 it, intended primarily for cvn-premises
consumption is prohibited. Sale of alcoholic beverages is prohibited.
The 928 square foot area labeled "storage area" on Exhibit A shall not
be used for storage of snack shop related products.
The snack shop shall maintain the same hours of operation as the hours
for the sale of gasoline.
4. ON SITE P
All automobiles parked on the site shall be placed in the striped
off-street parking spaces to be shown on the approved striping plan as
required in Condition No. 2.
RESOLU=ON NO. 3032 (15-U-87) 5/11/87
,. PAGE - 3
5. BUILDING CODE
The applicant shall coqply with all building code requirements
pertaining to the snack shop.
The applicant shall record a covenant which docents the cumulative
floor area of applications received after February 1, 1986 and informs
future property owners of the street and streetscaps improvement
obligation. A draft covenant shall be submitted to staff for approval
prior to recordation.
The covenant sha11 contain a clause acknowledging that any additional
. application involving expansion or change in use shall trigger
standard street irnprovement and special streetscape improvement
requirements as established by City policy.
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 reg1eQt 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 charges is withheld, the applicant may appeal to the
Planning Conission.
If the Director finds that the requested charges are material, such
charges shall be referred to the Planning Oo mission 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 charges 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 nay request a hearing before the City
Council regarding said approved oranges. Said request shall be made
within ten (10) days from the date of approval of said changes by the
Planning Commission.
8. SECURITY PLAN
The applicant shall prepare a security plan to minimize the potential
for theft and rWbery. Said plan shall be reviewed by the city
sheriff liason and approved by the City. The applicant shall record a
covenant running with the lanai agreeing to oomply with future security
requirements as ihposed by a subsequent City Resolution or City
Ordinance. The covenant shall be approved by the Planning Department
and City Attorney prior to recordation.
RESO=ON NO. 3032 (15-U-87) 5/11/87
PAGE - 4 -
PASSED AND ADOPTED this lath day of May, 1987 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: CCIAIISSIONERS: Adams, Claudy, Sorensen, Szabo, and
Chairman Mackenzie
NOES: CCHMrSSIONERS: None
ABSMUN: OCHMLSSIONERS: Nona
ABSENT: 001I IISSICtO S: None
AT=:
•
/2/ Robert Cowan
Robert Cowan
Director of Planning
RES15U87(I8)
/s/ Donald MacKenzie
Donald Mackenzie, Chairman
Cupertino Planning Ommissicn
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