Reso 4882 10-U-97
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4882
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO DEMOLISH AN EXISTING SERVICE STATION
AND BUILD A NEW ONE, INCLUDING MODIFICATIONS TO THE SITE PLAN
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
welfare, 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, 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
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. 10-U-97 as set forth in
the Minutes of the Planning Commission Meeting of November 24, 1997, and are incorporated by
reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 10-U-97 and 27-EA-97
Applicant: Chevron Service Station
Location: 10023 DeAnza Boulevard
Resolution No. 4882 10-U-97 November 24, 1997
Page -2-
SECTION III: CONDITIONS ADMIN�ISTERED BY THE COMMUNITY DEVELt7PMENT DEPT.
l. APPROVED EXHIBITS
The approval is based on submitted color and material board, color elevations, Sheets 1-5 dated
November 20, 1997, except as may be amended by the conditions contained in this resolution.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90-day period complying with all of the
requirements of Section 66020, you will be legally barred from later challenging such exactions.
3. PUBLIC EASEMENT FOR URBAN DESIGN ELEMENT
Applicant shall provide a public easement no less than 12' X 12' in size for future urban design
element. City shall have the r��ht to install in the easement an urban design element at the city's
sole expense. Following the installation of such urban design element, City will bear all costs of
maintenance, repair and/or replacement thereof, including, but not limited to, the cost of any
utilities utilized in the operation thereof. All proposed design may be reviewed for comment by
the applicant prior to installation. However, the final decision authority lies with the city.
4. SECURITY
Implement a security plan to reduce the potential for theft and robbery for a 24 hour operation,
which shall consist of the following minimum requirements;
1. A security safe, which the attendant has no access to, shall be installed.
2. Provide adequate site lighting, including areas away from the street frontage accessible by
vehicles. Location and type of fixtures shall be subject to approval by staff prior to
installation.
3. Avoid obscuring window area with signs or merchandise to ensure visibility of cashier area.
4. Avoid use of tinted window glass.
5. No signage is allowed in the window surrounding the cashier area.
5. HOURS OF OPERATION
The convenience store and service ��aticn may operate on a 2��-hour basis.
6. APPROVED COLORS
The colors shown on the exhibits shall be approved except that the parapet screening the HVAC
equipment shall be Havana Cream instead of Zephyr Hill so that parapet color and building
color are consistent with each other.
Resolution No. 4882 10-U-97 November 24, 1997
� Page -3-
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
5. STREET WIDENING
Street widening, improvements and dedications along De Anza Blvd. per future alignment
shall be provided in accordance with City Standards and specifications and as required by the
City Engineer. Required to meet Grand Boulevazd street design; ie. landscape requirements,
etc.
6. 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.
7. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
8. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
9. 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.
10. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code.
11. 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.
12. LJNDERGROUND 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.
Resolution No. 4882 10-U-97 November 24, 1997
Page -4-
13. 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 $1,918.00 minimum
b. Development Maintenance Deposit: $3,000.00
c. Storm Drainage Fee: $1185.78
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.
14. 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.
15. 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.
PASSED AND ADOPTED this 24th day of November, 1997, 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, Roberts and Chairperson Harris
NOES: COMMISSIONERS: Doyle
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
/i�%�:��, _
Robert S. Cowan Andrea B. Harris, Chairperson
Director of Community Development Cupertino Planning Commission
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