Reso 6552 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6552
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW FOR A 846 SQUARE FOOT AUTOMATED CAR
WASH TUNNEL, A NEW TRASH ENCLOSURE AND ENHANCEMENTS TO THE PARKING
LOT, AND NEW LANDSCAPING FEATURES AT AN EXISTING GAS STATION.
SECTION I: FINDINGS
WHEREAS, the P1aruling 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;and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the Conditional Use Permits
Chapter of the Cupertino Municipal Code.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for a 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. U-2009-02 as set
forth in the Minutes of the Planning Commission Meeting of April 14, 2009, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2009-02
Applicant: Muthana Ibrahim on behalf of Atam Sandhu
Location: 1699 S. De Anza Boulevard
Resolution No. 6552 U-2009-02 April 14, 2009
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted by MI Architects, titled "Valero Food Mart
Carwash Addition, 1699 S. De Anza Blvd., Cupertino, CA 95014" consisting of 5 pages
numbered, "SD1"; "Field Survey 1 of 1"; "C3"; "A1.1"; and "A2.1" and a color material
board as submitted by the applicant, except as may be amended by the Conditions
contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct an 846 square foot addition, a new trash enclosure and
enhancements to the parking lot, and new landscaping features at an existing gas
station.
3. HOURS OF OPERATION
The hours of operations shall be as follows:
Car wash: 8:00 am to 8:00 pm, daily
Convenience store: 7:00 am to 11:00 pm, daily
Service Bay operations: 9:00 am to 6:00 pm, Monday through Saturday
4. PARKING
The applicant shall provide a minimum of 6 parking spaces in accordance with the
approved site plan.
5. NOISE CONTROL
Prior to the issuance of building permits, the applicant shall submit estimated noise
levels from the car wash, taken from the property line by an acoustical engineer, for
review and approval by the Noise Control Officer. The noise levels shall not exceed
those as listed in Chapter 10.48 of the Cupertino Municipal Code, unless approved by
special exception by the Noise Control Officer. The applicant shall comply with all
mitigation measures recommended by the acoustical engineer and Noise Control
Officer. The final design of the sound attenuation wall shall be reviewed and approved
by the Director of Community Development prior to issuance of building permits.
6. SERVICE BAY
The dynamometer service bay shall be used for smog checks only. Any other repair
services or uses shall receive permit approval from the City.
7. OUTDOOR VEHICLE SERVICING
No outdoor servicing of vehicles shall take place onsite.
8. LANDSCAPE PLAN
The applicant shall submit a revised landscaping plan,with the following revisions:
• The two proposed London Plane trees shall be replaced with two street trees off
the City's approved list.
• The plan shall include water conservation and pesticide reduction measures in
conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide
Resolution No. 6552 U-2009-02 Apri114, 2009
Page 3
control measures referenced in Chapter 9.18, Stormwater Pollution Prevention
and Watershed Protection, of the Cupertino Municipal Code.
Any other revisions to the plan must be reviewed and approved by the Director of
Community Development.
9. GREEN BUILDING MEASURES
The applicant is recommended to incorporate green building measures when feasible
and/or appropriate. The green building measures may include but are not limited to:
low VOC paints, maximizing recycled building materials, using porous concrete, using
energy efficient mechanical equipments and lighting (including solar energy),
maximizing onsite water retention, and using draught tolerant and pest resistant
landscaping
10. DECORATIVE FEATURES ON EAST BUILDING ELEVATION
The applicant shall provide decorative features on the east car wash tunnel building
elevation, such as trellises, landscaped green screens and/or lattices prior to issuance of
building permits.
11. RECIPROCAL ACCESS EASEMENT
The property owner shall record a reciprocal access easement with the County of Santa
Clara for ingress and egress access on the northeast driveway between the property
(APN 366-10-120) and the Coach House property (APN 366-10-061).
12. SIGNAGE &SIGN PROGRAM
Signage is not approved with this use permit application. The applicant shall be
required to submit an application for a sign program and signage prior to installation of
any signage on site. Signage shall conform to the City's Sign Ordinance.
13. BUILDING COLORS AND MATERIALS
The building colors and materials shall be consistent with the materials board submitted
by the applicant.
14. SCREENING
All mechanical and other equipment on the building or on the site shall be screened so
that they are not visible from public street areas or adjoining developments. Screening
materials/colors shall match building features and materials. The height of the
screening shall be taller than the height of the mechanical equipment that it is designed
to screen. Any mechanical equipment screening must have noise attenuation and be
designed by a certified professional noise consultant to minimize noise impacts onto
adjacent residential residents. The location of equipment and necessary screening shall
be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
15. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by
staff prior to issuance of building permits.
Resolution No. 6552 U-2009-02 Apri114, 2009
Page 4
16. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
17. STREET WIDENING
Street widening and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
18. 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. The applicant shall remove and
replace broken curb, gutter, and sidewalks along the frontage of the property (within
the road right-of-way).
19. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
20. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits
maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality
Control Board as appropriate.
21. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre-
and post-development hydraulic calculations must be provided to indicate whether
additional storm water control measures are to be constructed or renovated. The storm
drain system may include, but is not limited to, dry wells, subsurface storage of peak
stormwater flows (as needed),bioretention basins,vegetated swales, and hydrodynamic
separators to reduce the amount of runoff of the site and improve water quality. The
storm drain system shall be designed to detain water on-site (e.g., via buried pipes) as
necessary to avoid an increase of one percent floodwater surface elevation of the culvert
to the satisfaction of the City Engineer.
22. 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
Resolution No. 6552 U-2009-02 April 14, 2009
Page 5
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.
23.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. The transformer shall not be
located in the front or side building setback area.
24. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be
included in grading and street improvement plans.
25. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to
City Standards and shall reach an agreement with California Water Services Company
for water service to the subject development.
26. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain materials
on site. Erosion control notes shall be stated on the plans.
27. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
28. PEDESTRIAN ACCESS EASEMENT
The developer shall provide pedestrian access easements as necessary to allow
pedestrian travel along portions of sidewalk residing on the site.
29. MAINTENANCE AGREEMENT
The developer shall enter into a Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include maintenance for non-standard appurtenances
in the public right-of-way that may include, but is not limited to, sidewalk, pavers,
landscaping, and streetlights.
30. MONUMENT SIGN
An encroachment permit and maintenance agreement will be required for any
monument sign placed in the public right-of-way.
31. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager. Clearance by the Public Works Department is needed prior to
obtaining a building permit.
Resolution No. 6552 U-2009-02 Apri114, 2009
Page 6
32. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in
regards to refuse truck access for the proposed development.
33. 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.
34. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City and
Santa Clara County Fire Department as needed.
PASSED AND ADOPTED this 14th day of April 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Giefer,Vice Chair Brophy, Miller,Lee
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Kaneda
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ATTE T: APPI�VED: '
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Aarti Shrivastava Lis G efer, Chair ti �' -'� .'�(
Director of Community Development P a Co _ ' sion
G:IPlanninglPDREPORTIRES120091U-2009-02 res.doc