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U-1987-26bAdh MEW MW ON of Cupertino 10300 Torre Avenue P.O. Boa $80 Cupertino, California 95014 Cupertino, California 9501S Telephone: (408) 252.4505 DEPARTMENT OF THE CITY CLERK July 17, 1987 Arco Petroleum Products P. O. Box 5822 San Mateo, CA 94402 J CITY COUNCIL ACPIONS - APP2SCATIONS 25-U-87, 26-U-87 AND 27-U-87 This will confirm the action by the City Council at their meeting of July 6, 1987 at which your Application 25-U-87 was approved per Planning Ccm¢nission Resolution No. 3047. Your Application 26-U-87 was approved per Planning Commission Resolution - No. 3048 Your Application 27-U-87 was approved per the following conditions: CONDITIONS A M41STE M BY THE PIANNIIJG DEPAKII4ENP 1. APPROVED E}OiIBITS The reca=iendation 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 wall personal convenience items and pre-packaged and microwravable foods in disposable oontainers interned primarily for motion off -premises. Sale of food items intended primarily for on -premises consualption 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 Ccmmyercial Ordinance and by these conditions, is permitted. Ex ulples of such prohibited activities include outdoor sales or rerchand Ging of item unrelated to vehicle servicing, automotive or petroleum products; storage of vehicles for off-site use; vehicle rentals; etc. PromaUonal events related to the service station use am permitted per the city's sign Ordinance and Outdoor Sales and Ptcmtioral. Event Policy. 3. ON SIZE 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. EATIIDING CODE The applicant shall comply with all building code requirements pertaining to the snack shop. 5. LANDSCAPING The applicant shall submit the final lwidscape 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 colcr. 6. HOURS OF OPERATION The snack shop and service station is approved for 24 hour operation. 7. OUrDCOR 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 MR= rVR6 II OOYUMP The applicant shall record a covenant which documents the circulative 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. 9. MODIFICATION OF APPROVED DEVELOPM M 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 finis 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. 10. SECURITY The applicant/prcparty owner shall implement a security plan to reduce the potential for theft and robbery, which shall consist of the following minimum requirements: 1) Require exact change or credit card sales after 11 PM or provide physical separation between customer and cashier/cash. 2) Institute a prepayment system for gasoline sales after 11FM. 3) Install a moneydrop floor safe to which the attendant has no access. 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 mercbandi.se 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 fx" the street. The applicant/property owner is encouraged to itiplement 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. g) installation of a floor mounted push button alarm system linked to a contract alarm monitoring many. N 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 minimum 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 stop 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 FM shall be at the voluntary option of the station and not solely as a. result of a requirement by the ccagxlny which owns the station. 13. TRASH REC=CIM Attractive trash receptacles shall be located at the site corners adjacent to the public right -of -clay. The precise location and design shall be subject to staff approval. 14. NOISEMAKE14G DEVICES No public address system or paging system, powered megaphone or similar noisemaking device shall be permitted outdoors at any time. Speakers are permitted provided they are not audible beyond the property line. The expiration date of the use permits is July 6, 1989 (Section 6.4 of Ordinance No. 652 as revised by ordinance No. 1136). Sincerely, DORf7I y comi= Cl'PY CLERK encl. cc: Department of Planning and Development Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 Designers Collective, Inc. 1201 Park Ave., Ste. 204 Oakland, CA 94608 Hugh Cunni am P. O. Box 5811 San Mateo, CA 94402 Ross W. Ketchum 20412 Silverado Avenue Cupertino, CA 95014 26-U-87 CITY OF CUPERTINO 10430 S. DE ANZA BOULEVARD CUPERTINO, CALIFORNIA 95014 RESOL27PION NO. 3048 OF ME PLANNING CESSION OF THE CITY OF CUPEFQ'I 0 RECOMMENDING APPROVAL OF A USE PEFd-IIT TO OPERATE A SNACK SHOP AT AN =STING SERVICE SIATICN SECTION I: FIIQDINGS WHEREAS, the Planning Ccom ssion of the City of Cupertino received an application for a Use Permit, as described az 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 finis that the application meets the following rte: 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 aryl 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, testinnny and other evidence submitted in this matter, the application for Use Permit is hereby reoamended for approval, subject to the oorditions which are enume ated in this Resolution beginning on Page 2 thereof; and That the subeenclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 26-U-87 as set forth in the Minutes of the Planning Camnissicn Meeting of June 22, 1987, arra are incorporated by reference as though fully set forth herein. RESOIUMON NO. 3048 (26-U-87) 6/22/87 PAGE -2 - SECTION II• DESCRIPMON OF PPaTECI Application No(s) 26-U-87 and 28 -EA -87 Applicant: ARM Petroleum Products Property Owner: Same Location: Southeast corner of De Anza Boulevard and Silverado Avenue Parol Area (Acres) : .41 net .61 gross The reccumenclation of approval is based on Exhibit A of Application 26-U-87, except as may be amended by the Conditions ca twined in this Resolution. ARwMIiIMVAVt9Qk This use permit authorizes the operation of a 375 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 Gormercial Ordinance and by these conditions, is permitted. ESmmples 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 mentals; etc. Proucticnal events related to the service station use are permitted Per the city's Sign Ordinance and Outdoor Sales Promotional Event Policy. 3. ON SITE PARI@iG The site shall be striped with parking spaces as shown an Exhibit A. All automobiles parked on the site shall be placed in the striped off-street parking spaces. RESOLLTION In. 3048 (26-U-87) 6/22/87 PAGE - 3 - 4. 3-TIMMS CODE The applicant shall oaiply with all building code tents pertairLug to the snack stop. 5. LANDSCAPING A 10 foot wide planter shall be installed between the two Silverado Avenue driveways. The planter at the corner of Silverado Ave. and Stevens Creek . BaAevard shall be widened to accommodate trees and shribs. 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 Hours of operation are limited to 6 AM to 11 PM. 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. . aly�a: �. 714: ah IVIa.�IiID'ul7hlrt:.iil�:r:�ti1J 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. 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 amm%be*+* of the approved developwt t plan, a written request or revised development plan shall be submitted to the Director of Plarvdng 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 oranges is withheld, the applicant may appeal to the Planning Camd ssion. 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 Com ission, the applicant may appeal to City Council as provided in City Ordinance. No. 652. RESOILII'ION 110. 3048 (26-U-87) 6/22/87 PAGE - 4 - If said changes are approved by the Planning Commissicn, 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 stall be made within ten (10) days from the date of approval of said changes by the Planning Com fission. 10. RFS OM OF DEF42IS Applicant shall remove the storage shed and assorted debris located on site. 11. SEC[JRITY The applicant/property owner shall implement a security plan to reduce the potential for theft and robbery, which shall consist of the following minimum requirements: 1) Install a moneydrop floor safe to which the attendant has no access. 2) 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. 3) Avoid obscuring window areas with signs or merchandise to ensure visibility of cashier area. 4) Avoid use of tinted window glass. The applicant/property owner is er=ouraged to implement the following optional techniques to further reduce theft potential: 5) Installation of video surveillance cameras within the service station building, especially near the cashier's area. 6) Installation of a floor mounted push button alarm system linked to a contract alarm monitoring canpany. 12. SNACK SHOP USE/TRASH Zhe 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. Y� • 7 .�iM71'JY: M �. Attractive trash receptacles shall be located at the site corners adjacent to the public right -of -ray. Mie precise location and design shall be subject to staff approval. RESOLUTION NO. 3048 (26-U-87) 6/22/87 PAGE - 5 - 14. NOISEMAIGNG DEVICES do public address system or paging system, powered megaphone or similar noisemaking device sball be permitted outdoors at any time. Speakers are permitted provided they are not audible beyond the property line. PASSED AND ADOPTED this 22nd day of June, 1987 at a Regular Meeting of the Planning Ccmoission of the City of Cupertino, State of California, by the following roll call vote: AYES: OMUSSIONERS: Adams, Claudy, Sorensen, Szabo, and Chairman Mackenzie NOES: OCIOUSSIONEFS: None ABSTAIN: COMIISSIONERS: None ASSENT: OCTIITIISSIONERS: ATTEST: None APPROVED: /s/ Robert Cowan Donald Mackenzie Robert Cogan Donald Mackenzie, Chairman Director of Planning Cupertino Planning Commission RES26U87(RANDY) CITY OF CUPERTINO 10430 S. DE ANZA BOULEVARD CUPERrMO, CALSFURM 95014 RESOIITTION NO. 3053 (MINUTE ORDER) TO THE CITY MANAGER RECOM LADING THE SHERIFF'S OFFICE REVIEW OF SE MITY MEASURES FOR t1732VICE STATIONS SERIOUSLY CONSIDER REQUIRING A SECURE ENCLOSURE FOR STATION CASHIERS WORKING LATE NIGHT OR ALL NIGHT SHIFTS PASSED AND ADOPTED this 8th day of Jbne, 1987 at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: 0201ISSIONERS: Adams, Claudy, Sorensen, Szabo, and Chairman Mackenzie NAYS: CMt4ISSIONER.S: None ABSTAIN: CCM =IONERS: None ABSENT: CC14MIISSIONERS: None /s/ Robert Cowan Robert S. Wdan Planning Director RESGAS(L6) /a/ Donald Mackenzie Donald Mackenzie, Cuiirman Planning Commission i II lasa�cas�s'-o'_f i rAASH gwcLasURa —� i I� 1 I I I PARKING ANALYSIS BUILDING FLDOR ARFA ISOO SQ. R. RrQu,RED PARKING 1 APACEIA00-S Q. FT. \\ PROYIDEpAD PARIONG Cj. I ( II _ EXISTING PLANTER- I ' H- - o� • -PROPOSED NEW PLANTER II �o EXISTING SIDEWALK LANDSCAPE ANALYSIS EXLSTMG PLANTER AREA / PROPIQUO PLANTER ARF 1340 �1n PIPE BUMPERS 349 % E:LISTUM PLANTER It EXISTING ARU 11 - LIGHT WITH PRK.0 316NMl PARKING ANALYSIS BUILDING FLDOR ARFA ISOO SQ. R. RrQu,RED PARKING 1 APACEIA00-S Q. FT. B SPACES PROYIDEpAD PARIONG Cj. STAN RO -w ACB --+IB' 5 SPACED COMMCT SPAC.C(Si,7}8�1G' : .2 -VACS HANDIGLPPED SRACE-µklB' I 3PACG TOTAL PROVIDED g ZPACES LANDSCAPE ANALYSIS EXLSTMG PLANTER AREA PROPIQUO PLANTER ARF 1340 INCREASL % 349 % DE ANZA BLVD. xxc:�•.I=r ��7 J as - CL -- 3 K m m � Cj. DATZ. -� �5_ J�__ DE ANZA BLVD. xxc:�•.I=r ��7 J as - CL --