Reso 4288 15 U 90
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RF50I�TI''ION No. 4288
OF Tf� PLANNING �M�IISSION OF THE CITY OF CUPF�1'Il�TO
RDCX�Il�iDING APPRfJVAL OF A USE P�T TO R�OONSTRUCI'
A 1,900 SQ. FI'. SERVICE STATION BUIIaING WITH RE�P,Il2 BAYS,
. F'(.JEL��ING CANOPY WITH CASHIII2' S B00'I�i,
AND AUIHORIZING 24 HR. OPII�ATION OF 'IHE FUEL►IrTG AFtEA
S�CTION I • FIl�TDINGS
W�S, the Planning Coatunission of the City of Cupertino received an
a�lication for a Use Permit, as described on Page 2 of this Resolution;
aryd
Wf�2EAS, the applicant has met the burden of proof required to support
said application; and
W�E'AS, the Planning Co�unission finds that the application meets the
following requirements:
a) That the use or uses are in conformanc.e with the General Plan of the
City of Cup�xtino, and are nat detrimexztal to existing uses or to
uses specifically ��itted in the zone in which the proposed use is
to be located.
b) 'That the property involved is adequate in size and shape to
aoocatmtodate the propoc.�ed use.
c) ZY�at the proposed use will not generate a level of traffic over and
above the 16 trip/acre PM peak hour standard specified in the
F�traordinary Use Policy (Planning Cammission Reso. 2996).
d) That the proposed use is otherwise not detrimental to the health,
safety, peac�e, morals and general welfare of persons residing or
workirig in the neic�borhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, �+ORE, BE IT RE�OLUID:
That after careful consideration of maps, facts, exhibits, testimony and
other evidexx:e sukmitted in this matter, the application for Use Permit is
hereby reo�xrled for approval, subject to the conditions which are
enumerated in this Re.solution beginning on Page 2 thereof; and
That the suboonclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 15 U 90 as set forth in the Minutes of the Planning
Cotrnnission Meetirig of September 10, 1990, and are incorporated by
reference as though fully set forth herein.
Resolution No. 4288 (15-U-90) 09/10/90
Page -2-
SDCTION II. PI�OJflCI' DFSCRIPTION
Application No.(s) 15-U-90 and 33-EA-90
Applicant Robert H. Lee & Assoc.
Pro�pe,rty Owner Union Oil of California
I�ocation Northwest corner of DeAnza Blvd. arid
Bollinger Road
USE P�T to reconstruct an existing sexvice station, with incxease
of building area frwn 1,300 s.f. to 1,950 s.f.
SEjC.TION III. OONDITIONS AI�iISI�2ID BY 'IHE PUBLIC WORKS DEPAR'I��1VT
1. STREEI'
Street widening and dedication, if any, shall be provided as required
by the City F�girieer.
2. C[JRB AND GCTI'I'F�t
Curbs and gutters, sidewa]ks and related structures shall be installed
in accordance with grades and staridards as specified by the City
F�gineer.
The sidewalk shall be configured in accordance with the Long Term
Sidewalk Design appearing on Figure 1 of the So. De Anza Blvd.
Conoeptual Plan, and shall include transitional section to adjoin the
PXj stirig sidewalks on the adjacent propeYties to the north and west,
the aligrmie.nt and materials of which shall be subject to the approval
of the City E�gineer.
3. SI'RFEr LIG[�IrIlJG INSTALI,ATION
Street lic�ting shall be installed as required by the City �gineer.
Lighting fixtures shall be positioned so as to preclude glare arid
other forms of visual interference to adjoining properties, and shall
be no higher than the maxiirnnn heic�t permitted by the zone in which
the site is located.
4. FIRE HYDRAIVT
Fire hydrants shall be located as required by the City.
5. 'IRAF'FIC SIQJS
Traffic oontrol signs shall be plac�d at locations specified by the
city.
R�solution No. 4288 (15-U-90) 09/10/90
Page -3-
6. S�I'R�r TREES
Street trees st�all be planted within the Public Ric�t of Way ar�d shall
be of a type appraved by the City in a000rdance with Ordinance 125.
The final larxLscape plan shall ir�dicate the revised location of the
existing street tree on the Southerly frontage.
7. G12�1DING
Grading shall be subject to approval by the City �gineer in
a000rdanoe with the City's Grading Ordinanoe.
8. DRAIl�E
Drainage shall be pravided to the satisfaction of the City �gineer.
9. RETAINIl�iG i�LLS
If retaining walls are required along the east property line, any
existirig retaining walls shauld be repaired by the developer.
10. UIVDII�GROUND VI'ILITIFS
The developer shall ocmnply with the requirements of the Underground
Utilities Ordinanoe No. 331 and other related Ordinarx�es and
regulations of the City of Cupertino, and shall 000rdinate with
affected utility providers for installation of undergrourid utility
devioes. The develc�er shall su�nit detailed plans shcywing utility
ur�dergrotu�d provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City �gineer.
11. AGRREQ�'IIIVT
'The project develop�r shall enter into an improvement agreement with
the City of Cupertino providirig for payment of fees, including but not
limited to checking and inspec.-tion fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
12. 'I�2ArTSFO�S
I � Electrical transformers, telep�one vaults and similar above ground
equipament enclosures shall be screened with fencing arrd landscapirig
or located undergrourxl such that said equipment is not visi.ble from
public street areas.
CITY IIIGINEEE2' S CE�I'IFICATE OF
ACCCF�TTAl�TCE OF IIJGIlJEE2Il�IG/SURVEYING CJONDITIONS
(Sec.�tion 66474.10 CA. Gov't. Code)
I hereby certify that the engineering and surveyirig conditions specified
in Sec.�tion III of this Resolution conform to generally aocepted
en5ineering Practioes.
►
Js/ Travioe Whitten
Travice Whitten, Asst. City �gr.
R�solution No. 4288 (15-U-90) 09/10/90
Page -4-
SF]CI'ION IV: UONDITIONS A�TIS�ID BY � C�NIl�1[JNITY DEVELlJPN�'r D�.
13. APPl�JVID �IIBITS
The recc�m�er�d�ation of appraval is based on 5heet 1( 02 / 08 / 90 ), 5heet 2
(05/30/90), Sheet 3(06/05/90) 5heet 4(05/19/90), 5heet Lr10
� (02/08/90), except as may be ame.nded by the Conditions contained in
this Resolution.
14. NlODIFICATION OF APPF2�VID DEVELrJPN�I' PLAN
In the event that the developer or property cx�mer shall desire to make
arly minor �es, alterations or amenchn�ent of the approved
develop�nent plan, a written request or revised developmexit plan shall
be sule�t�itted to the Director of Plannirig and Developanent. If the
Director makes a findirig that the chariges are minor and do not result
in a material affect upon the appearance or function of the project,
said changes may be oertified on the revised plan. If approval of
said changes is withheld, the applicant may appeal to the Planning
Carnnission.
If the Director finds that the requested c,hanges are material, such
changes shall be referred to the Planning Connnission for approval. If
the chaiiges are denied by the Planning Commission, the applicant may
appeal to the 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. Flirther, any
Membex of the City Cowzcil may request a hearing before the City
Cotulcil regardirig said approved chaYlges. Said request shall be made
within ten (10) days fram the date of approval of said changes by the
Planning C�unission.
15. PARI�IG
The developer shall provide thirteen (13) parking spaces on site,
ooanplying with City dim�nsional st.andards, and one space shall be
sized and designated for handicapped persons' use.
All vehicles parked on site, except those undergoing active refuelirig
at the p�.mq� islar�d, and vehicles o�leting short-duration delivery of
products and supplies, shall be placed within striped, on-site parking
spaces.
16. USE T
The subject Use Ppxmit authorizes construction and operation of an
auto�notive fuel and minor repair station, with a servioe building not
exoeedirig 1,900 s.f. in floor area.
Ftiieling and sale of automotive products such as oil, fluids in
apprapriate containers and small parts may be conducted on a 24 hour
basis. Use of the repair bays, whether for service to the public or
, for personal use by employees, shall not occur between the hours of
11:00 PM and 7:00 AM, inclusive.
Resolution No. 4288 (15 U-90) 09/10/90
Page -5-
16. (Cor1t' d. )
�cterior display of inerchar�dise shall be limited to a small rac�c of
oils and similar products on the ptm� islar�ds and adjoining the
cashier's booth. Display of inerchar�dise, and placement of vending
machines for disperLSing of beverages or similar products is limited to
the area inside the surfaoe building only.
Autoamotive repair shall be limited to those activities definecl as
"minor" in Sec.�tion 4.1 of Ordinance 1344.
17. SF]CURITY
Prior to issuance of building permits, the developer shall obtain
apprwal frcan the City of a security plan to reduce potential for
theft an�d robbery. Said plan shall be evaluated in 000peration with
the Crime Prevention Unit of the 5heriff's Dept., and shall oonsist of
the follc7wirig elements:
1) Require exact change for credit sales after 11:00 p.m.
2) Institute a prepayment system for gasoline sales after 11:00 p.m.
3) Avoid securing window areas with signs, merchandise, or tinted
glass so as to preclude visibility of the cashier from passing
police vehicles.
4) Installation of bullet resistant glazing.
5) Inclusion of an interior restroam.
( 6) Inclusion of an eme.rgerx.y shut-off switch.
7) Pravision of an internal floor safe.
8) Inclusion of a telephone.
The develc�pex is also urged to install video surv+eillance cameras
within the p�n� islarid area, especially in the cashier's booth
j vicinity, and to include a floor mounted push button alarm system
linked to a contract alarm monitoring ocm�any.
18. ASAC REVIEW
Prior to issuanoe of building permits, the developer shall obtain ASAC
approval of a final definitive architecture, landscapirig/irrigation,
ar�d lighting plan. The irrigation plan shall be certified as
axnplying with the City's xeriscape program. The lighting plan shall
provide adequate security lic�ting arxl control offsite glare. The
architectural plan shall include materials for the trash enclosure arid
gate.
ASAC should evaluate the site laridscaping and building architecture
relative to the prop�sed Taco Bell Restaurant project at the northeast
vorner of DeAnza Boulevard and Bollinger. The intent is to insure
� harmony between the two projec.�ts, both of which will form a gateway
into the city. The architecture of the service station should be b�ld
ar�d unique, not a"starid,ard" design solution.
ASAC has the authority to apprwe minor site changes to create
� additional lar�dsc,aping depth in the corner landsc.apirig bed. 'The ASAC
decision shall be appraved by City Council.
Resolution No. 4288 (15-U-90) 09/10/90
Page -6-
19. SIC3�1 Pf�OGftAM
The developer shall obtain ASAC approval of a sign program. Sign
information ir�dicated on the appraved e�ibits is not approved.
20. SOILS ON CL�ARANCE
Prior to issuanoe of building permits to oonstruct the i�rovements
authorized under this Use Permit, the developer shall obtain a final
letter of closure fran the Santa Clara Valley Water District, and
other agencies with jurisdiction, certifying adequate remeciiation of
existing soils oontamination c�onditions.
The developer shall also be responsible to obtain all necessary
permits to relocate the waste oil tank as indicated on sheet 1 of the
approved e�ibits.
21. SIDEWALK EASII�1'I5
Prior to issuance of building permits, the developer shall obtain City
approval of an appropriate easement allvwing for placement of a public
sidewalk on private praperty.
22. IlIGRESS/D�S EASII�1'I'S
The applicant shall record an apprapriate deed restriction and
cavenant running with the land subject to approval of the City
� Attorney, which shall pravide for reciprocal irigress and e�grPR�
e.asements to and froan the adjoining site to the west. Said easements
shall be recorded prior to beginning construction of the entitlements
granted under this use ��;t.
PASSID AND ADOP�I'ID this lOth day of September, 1990 at a Regular Nieeting
of the Planning Cce�unission of the City of Cupertino by the following roll
call vote:
� AYFS: OCA��Il'�IISSIONII2S: Adams, Mann, Mackenzie, Fazekas, Chairman Claudy
' NOES : CJC�'Il�IISSIONF�2S :
ABS"I'AII�1: CbNIl�IISSIONIIZS :
ABSF��T: �Il�IISSIONIIZS:
A'1'1'F.SI': APPROVID:
�sf Robert cawan �s/ John claudy
Robert Cc�wan John Claudy, Chairn�an
Director of Co�rarn�nity Development Cup�stino Plannirig Commission
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