U-1987-53b1W
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
OFFICE OF THE CITY CLERK
January 28, 1988
AROD Oil
2000 Alameda r-TasPulgas
San Mateo, CA 94402
Citq of CHperti»o
P.O. Box 580
Cupertino, California 95015
CITY COUNCIL ACFION - APPLICATION 53-U-87 - ARCO OIL - 1012 F00n=
BOULEVARD
This will confirm the action by the City Council at their meeting of
January 19, 1988 at which your Application 53-U-87 was approved. Council
reauested a review of the use permit in six months.
-- /Y -V4 a •
cc: Department of Planning and Development
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Blvd.
Cupertino, CA 95014
Designers Collective
Roger Sayre
1201 Park Ave., #204
Emeryville, CA 94608
CK4 of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Telephone: (400) 252.4505
DEPARTMENT OF PLANNINGANO DEVELOPMENT
CC DIP V
February 17, 1988
Jaspir Walia
Arco Oil
1012 Foothill Boulevard
Cupertino, CA 95014
SUBJECT: APPLICATION 53-U-87 -- ARCO OIL
1012 FOOTHILL BOULEVARD, CUPERTINO
Dear Mr. Walia,
P.O. Bo: 5B0
Cupertino. California 95015
As you are aware, the City Council approved a use permit for your service
station on January 19, 1988. Council granted the permit for a six month period
and directed that the permit be reviewed in July 1988. It it necessary that all
conditions of Planning Commission Resolution No. 4027 be fully implemented
by July for a favorable review of the permit.
A copy of Resolution 4027 and the City Council Action letter are enclosed for
your reference. if you have any questions regarding the conditions, please
contact me at 252-4642.
Sincerely,
CITY OF CUPERTINO
Randal R. Tsuda
Planner II
letwalla(rdt )
APPLICATION 53-U-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
RESOLUTION NO. 4027
OF THE PLANNING CQRCMION PZ03022IDING APPROVAL OF
A USE PERMIT TO OPERATE A 185 SQUARE FOOT
SNACK SHOP WITHIN AN E=TING SERVICE STATION
SECTION I. FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant has met the burden of proof required to support
said application; and
WHEREAS, the Planning Ccamnission 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
accomnodate 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 or persons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
e) The sale of alcoholic beverages is not approved given the proximity
of the site to residential areas (behind and across street). This
prohibition is with the consent and agreement of the applicant who
has not requested concurrent sale of gasoline and alcohol related
products (see letter dated November 23, 1987 from Roger Sayre
representing ARCO).
NOW, TARE, HE 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 ded for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
net the subconclusions upon which the findings and conditions specified
in this Resolution are based and container) in the Public Hearing record
concerning Application 53-U-87 as set forth i, the Minutes of the Planning
Commission Meeting of January 11, 1988, an, re '.=rporated by reference
as though fully set forth'herein.
RrSOLULTON NO. 4027 (53-U-87) 1/11/87
PAGE -2-
SSECTION II • APPLICATION DESCR]:PPION
Application No(s) 53-U-87 and 56-EA-87
Applicant: Aroo Oil
Property Owner. Aroo oil
Location: Southwest corner of Silver Oak Wayand
Foothill Boulevard. 1012 Foothill Blvd.
Parcel Area
(Acres): .63 net
.85 areas
,SEMON IV: OONDTPIONS AEMINISTUM BY THE PLANNING DEPAIZIMQ7I'
1. APPROVED EMiIBITS
The reomme-n ation of approval is based on Exhibits A and B of
Application 53-U-871 except as may be amended by the Conditions
contained in this Resolution.
2. HOURS OF OPERAZZON
Hours of operation are limited to 6 AM Ta 10 PM
3. NOISEMMC NG DEVICES
No public address system or paging system, powered megaphone or
similar noisevaking device shall be permitted outdoors at any time.
4. APPROVED USE
Approval is granted to operate a 185 square foot snack shop within
the existing service station for sales of small personal convenience
items, non-alcoholic beverages, and pre -packaged and miam.4avable
foods' in disposable containers intended primarily for consumption
off -premises.
No other incidental activities, unrelated to the service statical use
as defined by the City's General Commercial Ordinance and by these
conditions, is permitted. Examples of such prohibited activities
include outdoor sales or merdmndising of items unrelated to vehicle
servicing, autanotive or petroleum products; storage of vehicles for
off -site use; vehicle rentals; etc.
Pr national events related to the service station use are permitted
per the City's sign Ordinance and Outdoor Sales Promotional Event
Policy.
Automobile repair is limited to minor autanotive maintenance/repair
as defined within the CG ordinance.
RFSOLUMON NO. 4027 (53-U-87) 1/11/87
PAGE -3-
5. 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.
The applicant shall ocuply with all building, fire, and health code
requirements pertaining to the snack shop.
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.
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.
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 subutted 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 charges may be certified on the
revised plan. If approval of said &uuxjes is withheld, the
applicant may appeal to the Planning Commission.
If the Director finals that the requested charges are material, such
changes shall be referred to the Planning Camnissicn 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.
RE 01=ON NO. 4027 (53-U-87) 1/11/87
PAGE -4-
10. SEG[1FtITY
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 noneydrop 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 encouraged 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 company.
11) TRASH ENCLOSURE
The applicant shall construct a trash enclosure as shown on the
approved site plan. Final plans for the enclosure shall be
submitted to staff prior to construction. The enclosure shall be
constructed with masonry or a similar material.
All trash bins shall be kept within the trash enclosure as required
by Municipal Code Section 6.24.061.
12) ILUr.AL SIGNS
All signs in consistent with the approved sign program for the site
shall be removed.
PASSED AND ADOPTED this llth day of January, 1988 at a Regular Meeting of
the Planning O mnmission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: OOr4 rwic ms:
Adams, Claudy, Szabo and vice -chairperson
Sorensen
NAYS: CCMUSSIONERS:
None
ABSTAIN: CCtgCMIONEFS:
None
ASSENT: cm-asSIONEPS:
Chairman Mackenzie
AT =:
/s/ Robert Cowan
Robert Cowan
Director of Planning
RS053U87(RD8)
/s/ Lauralee Sorensen
Lauralee Sorensen, Vice -chairperson
Planning Commission
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