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U-1987-27bANIkA Citm of Cupertino 10300 Torre Avenue Cupertino, California 95014 Telephone: 1400) 252-4505 DEPARTMENT OF THE CITY CLERK July 17, 1987 Arco Petroleum Products P. O. BOX 5822 San Mateo, CA 94402 P.O. Box SBO Cupertino, California 95015 CITY =JNCEL ACTIONS - APPUCATIONS 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 Commission 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 ADM.LNISTERED BY THE PLANNING DEPARTI4ESlP 1. APPROVED EXHIBM The recommendation of approval is based on Exhibit A of Application 27-U-87, except as may be amended by the Corriitions 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 small personal convenience items and pre-packaged arra microwavable foods in disposable containers interned primarily for consumption off -premises. Sale of food items interned 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 cammercial Ordinance and by these corxiitions, is permitted. Examples 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 rentals; eta. Promotional events related to the service station use are permitted per the City's Sign ordinance and Outdoor Sales and Promotional Event Policy. 3. ON SITE 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. BUILDING CODE size applicant shall camply with all building code requirements pertaining to the snack shop. 5. IANDSCAPING 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 7. rune snack shop arra service station is approved for 24 hour operation. The servicing of autcmabiles 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. . �•r �. - 1052.6 2-013 .. �• 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 DEVEIAPMERr FLAN In the event that the applicant or subsequent property owner shall desire to make any minor oranges, 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 City Council as provided in City ordinance. No. 652. If said changes are approved by the Planning Commission, an appeal may be trade 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 Zhe applicant/property owner shall implement a security plan to reduce the potential for theft and robbery, which shall consist of the following minim= requirements: 1) Require exact change or credit carts sales after 11 PM or provide physical separation between customer and cashier/cash. 2) Institute a prepayment system for gasoline sales after lld?M. 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 merchandise 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 from the street. M -ie applicant/property owner is encouraged to implement 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. 9) Installation of a floor mounted push button alarm system linked to a contract alarm monitoring company. 'Ihe 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 shop are observed, the applicant agrees at the request of the Planning Commission and City Council to police the surzoundi g 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 company which owns the station. 13. TRASH RECEFPACLFS Attractive trash receptacles shall be located at the site corners adjacent to the public right-of-way. Me precise location and design shall be subject to staff approval. 14. NOISEMAKII4G 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, DOR(7ISiY OOPIHM= CITY CLERK encl. cc: Departwnt 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 Cunningham P. 0. Box 5811 San Mateo, CA 94402 Ross W. Ketchum 20412 Silverado Avenue Cupertino, CA 95014 27-U-87 CITY OF CUPERTINO 10430 S. DE ANZA BOULEVARD QJPERMIO, CALIFORNIA 95014 RESO=ON NO. 3049 OF THE PIANDNnn CM2MWION OF THE QTY OF CUPFIUIIJO FEOO14U DING APPROVAL OF A USE PEED= TO OPERATE A SNACK SHOP AT AN EXISTIM SERVICE STATION ON A 24 HOUR BASIS SECTION I• FINDING WHEREAS, the Planning Oomaission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHMEA.4, the applicant has met the burden of proof required to support said application.; and WHMEAS, the Planning Ocuission 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 detri=ntal 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 a:m=date the proposed use. c) That the proposed use will not generate a level of traffic over arra 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, Tim, 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 erame,-ated in this Resolution beginning an Page 2 thereof; and That the subcnnclusions upon which the findings and conditions specified in this Resolution are based and om*ained in the Public Hearing record concerning Application 27-U-87 as set forth in the Minutes of the Planning Commission Meeting of June 22, 1987, and aro incorporated by reference as though fully set forth herein. RESOLUPICN 110. 3049 (27-U-87) 6/22/87 PAGE - 2 - SECTION 11: DESCRIPTION OF PRLITECP Application hlo(s) 27-U-87 and 29 -EA -87 Applicant: AR00 Petroleum Pnxlucts Property Owner: Same Location: corner of Valley Green Drive and Me Anza Boulevard Parcel Area (nes): 149 net .59 gross SECTION IV: 1. APFRC The recommendation of approval is based on Exhibit A of Application 27-U-87, except as may be amended by the Conditions om*zined in this Resolution. 2. USE Tn4rrATIONS This use permit authorizes the operation of a 313 sq. ft. snack shop at an exiling gasoline station. Approval is granted to sell small personal convenience items and pre-packaged and microwavable foods in disposable containers intended primarily for o==mption off -premises. Sale of food items intended primarily for on -premises eonsimrprtion is prohibited. Sale of alcoholic beverages is prohibited. No other incidental activities, unrelated to the service statical use as defined by the City's General Ccmmercial ordinance and by these conditions, is permitted. Examples 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 rentals; etc. Promotional events related to the service station use are permitted per the City's Sign Ordinance and Outdoor Sales and Promotional Event Policy. 3. ON SITE 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. A IIDING 00D The applicant shall crnply with all building code requirements pertaining to the snack shop. RFSOI1lPION 110. 3049 (27-U-87) 6/22/87 PAGE - 3 - 5. LANCS The applicant shall submit the final landscape plan for new and existing planter areas to staff for approval prior to installation. 4he plan shall incorporate plant materials, including trees, which will provide height and color. Mie snack shop and service station is approved for 24 hour operation. lbe 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. . r y-r+�• • a . r •.• a is •• � n 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 streetscape improvement obligation. A draft covenant shall be submitted to staff for approval prior to recordation. 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 City Council as provided in City ordinance. No. 652. If said changes are approved by the Planning Coa>missien, an appeal may be made to the City Council by any interested party. FLurther, any Member of the City Council may request a hearing before the City Council regarding said approved manges. said request shall be made within ten (10) days from the date of approval of said changes by the Planning Commission. REsoIS1ITON W. 3049 (27-U-87) 6/22/87 PAGE - 4 - 10. SECTJRTTY The applicant/property owner shall implement a security plan to reduce the potential for theft and robbery, which shall consist of the following miniimrmrequirements: 1) Require exact change or credit card sales after 11 PH. 2) Institute a prepayment system for gasoline sales after 11PM. 3) Install a momeydrop 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 merchandise 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 from the street. Um applicant/property owner is encouraged to inplement 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. 9) Installation of a floor mount -1 push button alarm system linked to a contract alarm monitoring oagDany. 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 Ccamnittee. Said enclosure shall contain the following minimm+ 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 The 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 con7..ision 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 it FM shall be at the voluntary option of the station and not solely as a result of a requirement by the couipany which owns the station. RESOUMOII NO. 3049 (27-U-87) 6/22/87 PAGE - 5 - 13. TRASH RECEPTACLES Attractive trash receptacles shall be located at the site c=ers adjacent to the public right-of-way. The precise location and design shall be subject to staff approval. 14. NOISEMA1@IG DEVICES No public address system or paging system, powered megaphone or similar noisemakiig device shall 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 Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: CCMMISSIONERS: Adams, Claudy, Sorensen, Szabo, and Chairman Mackenzie NOES: C30D.'SSI0NERS: None ABSTAIN: OCI4=IONERS: None ASSENT: CCYO=IONERS: None /s/ Robert Cowan Robert Cowan Director of Planning RES27U87(RANDY) /s/ Donald Mackenzie Donald Mackenzie, chairman Cupertino Planning Commission CITY OF CUPERTINO 10430 S. DE ANZA HOUIE'VARD CUPErd7NO, CALIFaWIA 95014 RESOIIJI'ICN NO. 3053 (Mn= ORDER) • � I w r• r• rla�• • a•• i li • � � I 171• • •I •+ • • I00•l a� • • -171• • • a• • ••; I. �• a�' v •; ■•a- • - u r. • • r. � PASSED AND ADOPTED this 8th day of June, 1987 at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: .: 1 _ e -0--y 3—• lar.• NAYS: OUPS=IONERS: ABSTAIN: O3MIISSIONERS : ABSENT: 034IISS IONERS : ATTEST: /s/ Robert Cowan Robert S. Cowan Planning Director RESGAS(L6) Adams, Claudy, Sorensen, Szabo, and Chairman Mackenzie None None None /s/ Donald Mackenzie Donald Mackenzie, Chairman Planning Commission 35 o. K-4 P•-� TCA ai txmoriNG cArem co, ---w -tAtMWC„ KAM-= ftANTtA C-Ot-UHN5 ,.T -t z .51, 9'-0, 6,01j 9..0. rp-K • N" -W PLAN'retle rMANL e- e)Tlll1 cbMWALK CATC.4 Ml�ft?4 "r�,TNC, myvr,.Nr. 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