Reso 2939 APPLICATION 17-U-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2939
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RESIDING APPROVAL OF A USE PERMIT TO OPERATE
A 170 SQUARE FOOT SHOP AT AN EXISTING SERVICE
STATION TO SETT, gMALL, PERSONAL CONVENIENCE GOODS
FOOD, AND BEVERAGES FOR CONSUMPTION OFF PREMISES
SEcr10N 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(s) has met the burden of proof required to support
said application; and
WHEREAS, the Planning Commission finds that the application meets the
following :
a) That the use or Ir;r- 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
and beyond 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 primed use, nor injurious
to property and improvements in the neighborhood.
NOW, Tom, 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
enumerated in this Resolution beginning on Page 2 thereof; and
RESOLUTION NO. 2939 (17-U-86) 8/18/86
PAGE - 2 -
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 17-U-86, as set forth in the Minutes of the
Planning Commission Meeting of June 9, 1986, and are incorporated by
reference as though fully set forth herein.
SECI'JON II: APPLICATION DESCRIpi'iON
APPLICATION NO. : 17-U-86
APPLICANT: Robert H. Lee and Associates (Mobil Oil Corp.)
PROPERTY OWNER: Mobil Oil Corporation
LOCATION: Southwest corner of Stevens Creek Boulevard and
Miller Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. Deferred Street Improvement Covenant
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 improvements obligation.
2. Sidewalks shall be installed in accordance with City Standards
and specification.
3. Site improvements shall be coordinated with the Public Works
street improvement project plans.
4. Drainage shall be to the satisfaction of the City Engineer. All
developments other than Rl, P2, and P3 zoning shall be served by
on-site storm drainage facilities connected to the City storm
drainage system. If City storm drains are not available,
drainage facilities shall be installed to the satisfaction of the
City Engineer.
5. The applicant shall be responsible for complying with the
requirements of the Underground Utility Ordinance No. 331 and
other related ordinances and regulations of the City of
Cupertino, and shall make the necessary arrangements with the
utility companies involved for the installation of said
facilities The applicant shall submit a detailed plan showing
utility underground provisions. (This plan must have prior
approval of the utility company and the City Engineer.)
RESOLUTION NO. 2939 (17-U-86) 8/18/86
PAGE - 3 -
SECTION IV. CONDITIONS ADMINISTERED BY THE PLANNING DEPARTMENT
6. Approved Exhibits
The approval is based on Eibits A-1st revision and A-1 and
staff proposal of Application 17-U-86 except as may be amended by
additional conditions enumerated herein.
7. Approved Use
Approval is granted to utilize approximately 170 square feet of
the existing service station for gales of small personal
convenience items, beverages, and pre-packaged food in disposable
containers intended primarily for consumption off-premises. No
food items shall be prepared on the premises. Sale of food items
intended primarily for on-premises consumption and alcoholic
beverages is prohibited.
8. On-Site Parking
All auto bbiles parked on the site shall be placed in the
approved, striped off-street parking spaces as shown on Ekhi_bit
A-lst revision.
9. Outdoor 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.
10. Convenience Shop Parking
The applicant shall designate two spaces on site for the
exclusive use of convenience shop patrons. The spaces shall be
clearly marked with signs, asphalt lettering, or both. Signage
shall be installed prior to issuance of a certificate of
occupancy.
RESOLUTION NO. 2939 (17-U-86) 8/18/86
PAGE -4-
11. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property owner
shall desire to make any minor change, alteration or amendment in
the approved development plan or building permit, a written
request and revised development plan or building permit shall be
submitted to the Director of Planning and Development. If the
Director makes a finding that the changes are minor and do not
affect the general appearance of the area or the interests of
owners of property within or adjoining the development area, the
Director may certify the change on the revised plan. If such
approval is withheld, the applicant may appeal to the Planning
Commission. If the changes are material, the Director shall
submit said changes to the Planning Commission for approval. If
the change is denied by the Planning Commission, the applicant
may appeal to the City Council as provided in Ordinance 652 of
the City of Cupertino. If the Change is approved, an appeal my
be made by an interested party. Further, any member of the City
Council may request a hearing before the City Council, said
request to be made within ten (10) days from the date of approval
when the change has been approved by the Planning Ccamnission.
12. HOURS OF OPERATION
The subject service station is authorized to operate 24
hours-a-day.
13. GROUND COVER
The applicant shall utilize a live ground cover in place of
tanbark. The precise ground cover material shall be approved by
staff prior to issuance of building permits.
14. TIMING OF IMPROVEMENTS
All site improvements shall be installed as shown on "Staff
Proposal 17-U-86" prior to issuance of building permits. Prior
to building permits, the applicant may defer installation of
improvements within the public right-of-way along East Estates
Drive and Stevens Creek Boulevard by posting a bond covering the
cost of installation of said improvements. The intent is to
allow the applicant to time improvements within the public
right-of-way to coincide with the City street improvement
projects for East Estates Drive and Stevens Creek Boulevard.
Staff shall approve the use of a bond.
15. PEDESTRIAN EASEMENT
Pedestrian Easements aver the sidewalk area within the public
right-of-way shall be prepared by the applicant, reviewed by the
City Attorney and recorded on the subject property prior to
issuance of building permits.
RESOLUTION NO. 2939 (17-U-86) 8/18/86
PAGE -5-
16. LANDSCAPED AREAS
Landscaped areas shall be maintained as shown on "Staff Proposal
17-U-86". An automatic irrigation system shall be installed to
maintain the landscaping.
17. REMOVAL OF SIGNS
The applicant shall remove the two "Open 24 Hours" signs from the
snack shop windows prior to issuance of building permits.
PASSED AND ADOPTED this 18th day of August, 1986, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: SSIONERS: Mackenzie, Sorensen, Chairman Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: SSIONERS: None
ABSENT: COMMISSIONERS: Adams, Claudy
ATTEST: APPROVED:
/s/ Robert Cowan /s/ i4icholas Szabo
Robert S. Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission
RES17.186(B-5)lvm