Loading...
Reso 4970 5-U-98 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4970 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A NEW 1,230 SQUARE FOOT GASOLINE SERVICE STATION BUILDING AND 1,021 SQUARE FOOT CAR WASH BUILDING 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 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 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. 5-U-98 as set forth in the Minutes of the Planning Commission Meeting of October 26, 1998, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 5-U-98 Applicant: Hossain E. Khaziri Property Owner: Hossain E. Khaziri Location: 10002 De Anza Boulevard Resolution No. 4970 5-U-98 October 26, 1998 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1 APPROVED EXHIBITS The recommendation of approval is based on E�ibits titled, "Proposed Gas Station for Mr. Mike Khaziri, 10002 De Anza Blvd., Cupertino, CA" and consisting of 8 sheets dated September 1998 and labeled: A-1 through A-5, C-1, C-2, and L-1, 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 REQUIREMENT 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 PRACTICES 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. DEVELOPMENT ALLOCATION The net new commercial building square footage (proposed square footage minus existing square footage) of 574 square feet shall be deducted from the Heart of the City retail commercial development allocation pool. 7. ARCHITECTURAL AND SITE APPROVAL FOR SIGNAGE Signage shall be reviewed and approved by the Planning Commission. 8. PARKING AND DESIGN CHANGES Total onsite parking may be reduced from the zoning code required five parking stalls to four (4) parking stalls. The following design changes shall be reviewed and approved by the Director of Community Development at the building permit stage: a) parking design layout, but in no case shall parking be located next to the proposed urban design element easement. b) relocation of the trash enclosure from the north property line to the landscape bulb next to the car wash entrance. Resolution No. 4970 5-U-98 October 26, 1998 page -3- c) reducing the ground clearance height of the canopy from 16 feet to 14.5 feet to match the canopy height clearance of the gasoline station on the southwest corner of Stevens Creek � and De Anza Boulevards. The stone veneers on the canopy columns shall be proportionally reduced in height. d) Extending the roof overhangs on the buildings to match the approved adjacent office building to the east of the subj ect site. 9. 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 right 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 used 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. The easement area shall be planted with turf and maintained by the applicant during the interim period before the urban design element is installed. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 10. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 11. 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. 12. 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. 13. FIRE HYDRANT Fire hydrants shall be located as required by the City. 14. TR.AFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 15. 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. Resolution No. 4970 5-U-98 October 26, 1998 Page -4- 16. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 � of the Cupertino Municipal Code. 17. 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. 18. UNDERGROUND 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. 19. 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: $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. 20. 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. 21. 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. Resolution No. 4970 5-U-98 October 26, 1998 Page -5- 22. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's) as required by the State Water Resources Control Board, for construction activity which disturbs soil. BMP plans shall be included in your grading and street improvement plans. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conform to generally accepted engineering practices. /s/ Bert Viskovich Bert Viskovich, City Engineer PASSED AND ADOPTED this 26th day of October, 1998, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Harris, Mahoney, Stevens & Chair Austin NOES: COMMISSIONERS: Doyle ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Robert S. Cowan Donna Austin, Chairwoman Director of Community Development Cupertino Planning Commission g/pl anning/res/res 5 u98