Reso 4747 6-U-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4747
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW THE CONSTRUCTION OF
A NEW 1500 SQUARE FOOT GASOLINE SERVICE STATION AND CAR WASH
AT 10002 DE ANZA BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfaxe, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, e�ibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby approved, subject to the conditions which are
enumerated 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 No. 6-U-96 as set forth in the
Minutes of the Planning Commission Meetings of July 22, 1996 and September 9, 1996, and are
incorporated by reference as though fully set forth herein.
Resolution No. 4747 6-U-96 September 9, 1996
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 6-U-96
Applicant: Hossain E. Khaziri
Property Owner: Exxon Company
Location: 10002 De Anza Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1 APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled, "Proposed Gas Station for Mr.
Hossain Khaziri, 10002 De Anza Blvd., Cupertino, CA" and consisting of 8 sheets: A-1 through
A-4, 1, 2, L-land L-2, except as may be amended by the Conditions contained in this Resolution.
2. ABANDONED WATER WELLS
The property owner shall seal abandoned or unused water wells if the City, after consultation
with the Santa Clara Valley Water District, determines that said abandoned or unused water wells
have a potential to contaminate the water supply.
3. DEMOLITION REOUIREMENT
All existing structures on the site shall be removed prior to or concurrently with project
construction. The developer shall assume the responsibility to obtain all required demolition
permits in accordance with City Ordinances.
4. BEST MANAGEMENT PR.ACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
Board, for construction activity which disturbs soil.
5. NONPOINT SOURCE POLLUTION
The applicant shall install a car washing unit that provides for the recycling and reuse of wash
water. A trench drain shall be installed at the car wash exit and connected to the sanitary sewer.
6. REVIEW OF REMEDIATION UNIT FOR SOIL CONTAMINATION CLEAN UP
If a remediation unit is required to complete the soil contamination clean up to the satisfaction of
the Santa Clara Valley Water District. The District shall review and approve the remediation unit
prior to building permit approval. In the event a remediation unit is not required, the applicant
shall landscape the unit site with at least one 24" boxed tree and additional shrubs consistent with
the approved landscape plan.
7. HEART OF THE CITY LANDSCAPE IMPROVEMENTS
The applicant shall revise the landscape plan to include a flowering hedge along the interior turf
perimeter. The selected hedge plant shall be approved by the Director of Community
Development.
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Resolution No. 4747 6-U-96 September 9, 1996
Page-3-
8. DEVELOPMENT ALLOCATION
Any residual commercial square footage created by subtracting the proposed building square
footage from the existing building square footage shall be assigned to the Heart of the City retail
commercial development allocation pool.
9. ARCHITECTURAL AND SITE APPROVAL FOR SIGNAGE AND FOUNTAINS
Signage and fountain details shall be reviewed by the City's consulting architect and be
approved by the Planning Commission through an architectural and site approval application.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
9. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
10. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
11. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted by the zone in which the
site is located.
12. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
13. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
14. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type approved by
the City in accordance with Ordinance No. 125.
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
16. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed
necessary by the City Engineer. Development in all other zoning districts 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.
Resolution No. 4747 6-U-96 September 9, 1996
Page-4-
17. LJNDERGROLJND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance No.
331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate
with affected utility providers for installation of underground utility devices. The developer shall
submit detailed plans showing utility underground provisions. Said plans shall be subject to prior
approval of the affected Utility provider and the City Engineer.
18. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including 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 issuance of construction permits.
a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1,744.00 minimum
� b. Development Maintenance Deposit: $3,000.00
c. Storm Drainage Fee: $2,420/acre
d. Power Cost: $75.00 per street light
e. Map Checking Fees: $N/A
f. Park Fees: $N/A
-The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposed herein may be modified at the time of recordation of a final
map or issuance of a building permit in the event of said change or changes, the fees changed at
that time will reflect the then current fee schedule.
19. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be
screened with fencing and landscaping or located underground such that said equipment is not
visible from public street areas.
20. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to California Water
Company and shall reach an agreement with California Water Company for water service to the
subject development.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying co itions spe ' ied in Section IV. of this
Resolution conform to generally accepted engineer' ra
Be iskovic City Engineer
Resolution No. 4747 6-U-96 September 9, 1996
Page-S-
PASSED AND ADOPTED this 9th day of September, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Mahoney and Vice-Chairperson Harris
NOES: COMMISSIONERS: Doyle
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Roberts
ATTEST: APPROVED:
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Robert S. Cowan Andrea Harris, Vice-Chairperson
Director of Community Development Cupertino Planning Commission
g/planning/res6u96