HomeMy WebLinkAboutCity Council Resolution 93-015
RBSOLUTION NO. 93-015
A RESOLUTIOR or THE CITY COUNCIL OF
HE CITY 01' 8ARATOGA GRAII'1'IRØ U APPEAL FROM
THE DECISIOR 01' THE PLAKNIBG CO.MMISSIOB
DESERT PETROLBUK; 12600 8ARA'1'OGA AVBRUB; UP 550.1
WHBRBAS, the City of saratoga City Council has received an
appeal of a Planning Commission denial of an application to extend
the use of an existing gasoline service station (ARCO) for a period
of ten (10) years, per Chapter 15 of the City Code; and
WHEREAS, the City Council has conducted a duly noticed public
hearing at which time all interested parties were given a full
opportunity to be heard and to present evidence; and
WHEREAS, the City Council determined that the gasoline service
station use should be continued; and
WHBREAS, the City Council finds:
a. That the proposed gasoline service station use permit is
in accord with the objectives of the Zoning Ordinance and the
purposes of the district in which the site is located in that
the service station has existed for over 40 years; is located
on a major arterial (Saratoga Avenue); and is bordered on two
sides by multiple-family residential uses.
b. That the proposed gasoline service station use permit and
the conditions under which it would be operated or maintained
will not be detrimental to the public health, safety or
welfare, nor materially injurious to properties or improve-
ments in the vicinity in that appropriate conditions have been
placed on the project to minimize potential impacts.
c. That the proposed gasoline service station use permit will
comply with each of the applicable provisions of this chapter.
BOW, THEREFORE, the City Council of the City of saratoga does
hereby resolve as follows:
section 1. After careful consideration of the site plan, and
other exhibits submi tted in connection wi th this matter, the
application of De.ert Petroleum for use permit review be and the
same is hereby granted subject to the following conditions:
1. This resolution supersedes all previous use permit resolutions
issued for a gasoline service station at this site.
2. The service station shall be open and operated only between
the hours of 6: 00 a. m. to 9: 00 p . m. from Monday through
Thursday; 6:00 a.m. to 10:00 p.m. on Friday; 7:00 a.m. to
10:00 p.m. on Saturday; and from 7:00 a.m. to 9:00 p.m. on
Sunday. All gasoline deliveries shall be made and completed
within the hours of 9:00 a.m. and 3:00 p.m.
3. Landscaping shall be maintained by the property owner in a
good and orderly condition for the life of this use permit.
All future landscaping shall emphasize native and drought
tolerant species consistent with the City's xeriscape guide-
lines.
4. The single driveway access onto Saratoga Avenue shall be
designated and used as an "entrance only" driveway. Direc-
tional signs shall be consistent with section 15-30 of the
City Code. If marking only is not deemed to be effective,
alternative measures shall be considered. If the driveway
markings are determined not to be effective, additional
measures will be considered as part of the annual review.
5. The driveways shall be chained (with reflectors) after closing
to prevent vehicular access to the site.
6. All gasoline pumps and storage tanks shall comply with the
regulations of the San Francisco Bay Area Pollution Control
District and with the City of saratoga's Hazardous Materials
Storage Ordinance.
7. Any office exterior lighting visible from outside of the
structure shall be turned off at the time of closing specified
in condition #2.
8. Design Review approval is required for any price or identifi-
cation signs for the gas station's use.
9. Any other exterior modification to the gasoline service
station or use intensification will require approval by the
Planning commission.
10. The station shall be kept in good repair and free of dilapi-
dated autos or other eyesores.
11. Per Section 15-55.100 of the City Code, this application shall
remain under the continuous jurisdiction of the Planning
Commission. Any violation of the above code shall constitute
grounds for consideration of use permit revocation.
12. The Planning Director shall provide an annual status report to
the Planning Commission regarding compliance with these Use
Permit conditions of approval. The report shall be presented
to the Planning Commission as a Director's Item and shall not
require a public hearing.
13. Applicant agrees to hold City harmless from all costs and
expenses, including attorney's fees, incurred by the city or
held to be the liability of City in connection with City's
defense of its actions in any proceeding brought in any state
or Federal Court challenging the City's action with respect to
the applicant's project.
14. Existing pump islands and pumps shall be maintained with no
additional pumps allowed.
15. The station shall be operated in accordance with the most
current Best Management Practices for Gas stations promulgated
by the Santa Clara Valley Non-Point Source Program and/or City
to control Non-Point Source pollution.
Section 2. All applicable requirements of the State, County,
City and other governmental entities must be met.
PASSBD AND ADOPTED at a regular meeting of the City Council of
the City of Saratoga held on the '5tbi: day of _f4ay_, 1993, by
the following vote:
AYBS: COtll'lC ilmembers.,eurger, ~t¡oni a, Tucker, and r,jayor Anderson
BOBS: None
JùBSBJr.r:Councilmember Kohler
JùBSTAIN: None
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(!l1.ßt, Mayor
E ~ 4k4-
Deputy city Cl~