Reso 4329 17-U-90
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RESOLiTI'ION No. 4329
OF 'IHE PLANNIlJG CJONA�IISSION OF 7� CI'I'Y OF CUPEL�I'INO
R�OOrM�TDING APPROVAL OF A USE PII�NIIT 'I+0 DIIKOLISH AN
F�}ffSTING SII�VICE STATION AND TO R�OONSTRUCr A NEW SELF-SF�TICE
FUEL SI'ATION WITH 1, 500 SQ. FT. OF BUILaING ARF,A IIJOONIPASSING
A FC)OD N�,RK�r AND A CAR V��.SH, WITH RFr ATFn SITE
SECIZON I • FII�iDINGS
Wf-IEE2EAS, the Planning Con4nission of the City of Cupertino received an
application for a Use Permit, as de_scribed on Page 2 of this Resolution;
and
Wf�RFAS, the applicant has met the burden of proof required to support
said application.; and
WI�RREA.S, the Planning Conunission finds that the application meets the
follawing 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 ��;tted in the zone in which the
proposed use is to be located.
b) �at the property involved is adequate in size and shape to
acconm�odate 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 of persons residirig or
� working in the neighborhood of such proposed uses, nor injurious
to property and improvements in the neighborhood.
►
, NOW, 'I�iE�2EFORE, BE IT F2FSOLUID:
That after careful oonsideration of maps, facts, exhibits, testimony and
other evidence sukanitted in this matter, the application for Use Permit is
hereby recannnerided for approval, subject to the conditions which are
enwnerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 17 U-90 as set forth in the Minutes of the Planning
Conunission Nleeting of March 11, 1991, and are incorporated by reference as
though fully set forth herein.
Resolution No. 4329 03/11/91
Page -2-
SDGTION II• APPLSCATION D�IPTION
Application No(s) 17-U-90 and 25-EA-90
Applicant: Chevron Research and Technoloqv
Property Owner: Cupertino De Oro club
I�ocation: Northeast Corner of De Anza Blvd. and
Homestead Road
Parcel Area: .75 Acres
SDCI'ION III: OONDITIONS ADNBI�TISTF�2ID BY � PUBLSC WORKS DEPAI�'I'
l. STREEr WIDENING
Street widening, i�rovements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City �ginePx.
2. CC1RB AND G[.fITER Il"iP'ROVIIKIIV'I'S
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and stanclard.s as specified by the City
�gineex .
3. TRAF�IC SIGTTS
Traffic control signs shall be placed at locations specified by the
City.
4. GF2P,DING
Grading shall be as approved and required by the City Engineer in
accordance with Ordu7ance 1143.
5. DRAIl�AGE
Drainage shall be provided to the satisfaction of the City F�gineer.
6. UNDII�ROLINU iTI'ILITIF�
The developer shall camply with the requirements of the Underground
Utilities Ordinance No. 331 and other related Ordinances and
re�gulations of the City of Cupe�tino, and shall coordinate with
affected utility providers for installation of underground utility
devices. The developer shall su�aniit detailed plans shcxaing utility
underground provisions. Said plans shall be subject to prior approval
of the affected Utility pravider and the City F�gineer.
Resolution No. 4329 03/11/91
Page -3-
7. Il�ftOVII�I'I' AGREFI��V'I'
'I'he project developer shall enter into a development agreemP.nt with
the City of Cupertino providirig for payment of fees, includirig but not
limited to checking and inspection fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issu�nce of construction permits.
8. TRANSF+OFtMII�S
Electrical transformers, telephone vaults and similar above ground
equipment enclosures shall be screexied with fencing arid landscaping
or located underground such that said equipment is not visible from
public street areas.
CITY II�TGIN�' S CERTIFTCA'I'E OF
ACCFF�TTP,NCE OF IIJGINEQtIl�1G/S�[7RVE'YING OONDITIONS
(Sec�tion 66474.10 CA Gov't. Code)
I hereby certify that the engineering ancl surveying conditions specified in
Section III of this Resolution conform to generally accepted engineering
practices.
Travice Whitten, Asst. city �g.
SDCTION IV: OONDITIONS ADNIIl�TISTg2ID BY THE OON]MUNITY DEVEIAPN�IT DEPA�IT
9. APPROVID �IIBITS
The recrnrnnendation of approval is based on 5heet A1 (11/21/90), A
(09/26/90 and Irl (11/21/90) except as may be ametxled by the Conditions
contained in this Resolution.
i
F�hibit A-2 shall be modified to reflect a continuous stucco fascia
� treatme.nt for the ptm� islarid canopy. A small portion of said stuoco
i treatment may be deleted for a wood or painted metal bacvkdrop for a
sign if said sign is approved as part of a formal sign program through
the Architectural and Site Approval Carrnni.ttee.
10. MODIFICATION OF A�PROVID DEVELpPN�FI' PLAN
In the event that the applicant or subsequent propesty c�mer shall
desire to make any minor changes, alterations or amenchnent of the
approved developmPxit plan, a written request or revised development
plan shall be sul�nitted to the Director of Plannirig and Developmnent.
If the Director makes a findirig that the chariges are minor and do not
result in a material affect upon the appearance or func.�tion 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
Plannirig Cairnnission.
Re.solution No. 4329 03/11/91
Page -4-
If the Director find.s that the requested changes are material, such
changes shall be referred to the Plannirig Carmnission for approval. If
the changes are denied by the Planning Co�nission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are appraved by the Planning Conmtission, an appeal may
be made to the City Council by any interested party. Flarther, any
Member of the City Council may request a hearing before the City
Council re�garding said approved changes. Said request shall be made
within ten (10) days frrnn the date of approval of said changes by the
Planning Co�nmLission.
11. APPROVID USE
'I�e subject use permit authorizes the oonstruction and operation of a
single-stall car wash, food market, and fueling stations as depicted on
the exhibits listed in condition 9 above. Flquipment installed in the
car wash structure shall replicate the sound generation characteristics
de��ribed in the Fitzroy/Dobbs study of Ol/24/91 and 03/11/91.
12. SOUND MITIGATION
'I�e developer shall install an eight (8) ft. high masonry wall on the
northerly site boundary adjoining residential property. Said masonry
wall materials and app�arance shall be subject to ASAC review prior to
issuance of building permits.
The vacuum unit depicted on Sheet A1 shall be removed on the building
��it application plan set.
13. HOURS OF OPII2ATION
The car wash facility shall operate only between the hours of 7:00 AM
and 10:00 PM daily. Operation of the food mart and fuel pim�ps shall
be restricted to the hours of 6:00 AM to 11:00 PM daily.
� 14. ON-SITE PARKIlIG
All automobiles parked on site shall be placed in striped off-street
parkirig stalls.
15. OONSF�IATION N�:F�.SURFS
O�ration of the car wash facility shall be limited to the a single
pass wash-rinse cycle. Said facility shall also be fitted with water
recycling equipment. 'I'he intent of this condition is to reduce water
usage demarxl associated with car wash activity.
16. TRANSIT PCTLLr-OiTl'
A transit pullrout shall be located along De Anza Blvd. subject to
approval by the City's traffic engineer. The property owner shall
record an appropriate easement doc�unent allawirig for placement of
transit turn-out im�rovements and public sidewa]ks over private
property. Said easement doc�unent shall be subject to approval of the
City Attorney prior to recordation.
Resolution No. 4329 03/il/91
Page -5-
17. LANDSCAPING/TREE PRF�ERVATION
ASAC shall approve the firsal landsc-.apirig plan and tree
preservation/replacement plan. The tree preservation plan should be
certified by a qualified arborist and should be specific to the site.
Replacement of specime,n trees removed should be made on a one-for-one
basis with min. 36" box size California Native varieties.
The final landscape plan shall co�n�ly with the City's Xeriscape
C�idelines program, and shall reflect the follvwing modifications:
a) Replace the deciduous Flawering Pear on the north boundary with an
evergreen broadleaf tree to ensure year arouryd visual kyuffering
between the oonnnercial and residential uses.
b) Delete planting of irrigated understory ve�getation beneath the
proposed Coast Live Oaks
18. SIQ�T F'ROGF�M
Signing indicated on the exhibits referenced in condition 9 above is
not approved, and shall require separate ASAC approval.
19. �TAL NOISE ST�JDY
Within sixty (60) days of connnencing public operation of the car wash,
the awner shall retain a professionally qualified acoustical consultant
to evaluate the noise generating characteristics of the facility. Said
report shall be presented to the Planning Ccarnnission in the context of
a formal public hearing, duly noticed in accordnace with City Ordinance
652. The Planning Commission shall examine the findings of said report
to ascertain that the facility is operating in cxsmpliance with the
night hours exposure standards for adjacent residential uses stated in
the then current noise ordinance. If the Coimnission determines that
said facilitiy is not operating in cca�liance with said standards, the
Ccarnnission may im�ose appropriate mitigation measures including but not
limited to reducing evening hours of opPxation.
PASSID AND ADOPTID this 11th day of March, 1991 at a R�gular Meeting of the
Plannirig Conunission of the City of Cupertino by the follcywing roll call
vote:
AYES: OONIl�IISSIONIIZS: Austin, Fazekas, Mahoney, Mann, C��r. MacJcenzie
NOFS : UONIlNISSIONE.7.ZS : None
ABSI'AIl�i: OONIl�ISSIONER.S: None
ABSE�]T: UON�IISSIONER.S: None
ATl'F.S'I': APPROVID:
\ � �`� � � N� `
Rob�x Cow�an � Don cJc ie, irman
Director of Gom�mtunity Developm�lt Cupertino Pl Co�nnission
\peresos\17u90