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Reso 6852ASA -2017-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6852 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR AN UPDATED GASOLINE SERVICE STATION, CONVENIENCE MARKET AND ASSOCIATED SITE IMPROVEMENTS, INCLUDING PAVING FOR OFF- STREET PARKING AND LANDSCAPING, LOCATED AT 10490 S DE ANZA BLVD (APN 369-39-041) SECTION I: PROTECT DESCRIPTION Application No.: ASA -2017-04 Applicant: Amir Khojasteh (Liaoning Benefit Petroleum (US) Corp) Location: 10495 S De Anza Blvd SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT: WHEREAS, the Planning Commission of the City of 'Cupertino received an application for a Architectural and Site Approval as described in Section 1. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the project is determined to be exempt from the California Environmental Quality Act (CEQA); and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: 1. The proposed development, 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; Resolution No. 6852 ASA -2017-04 March 27, 2018 Page 4 specified in this resolution are based and contained in the Public Hearing record concerning Application no. ASA -2017-04 as set forth in the Minutes of Planning Commission Meeting of March 27, 2018 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set drawn by AGP Design Group entitled "76 Gas Stations 10490 S. De Anza Blvd." consisting of twenty-six (26) sheets labeled as A.0-0 — A.11.0, L.1.0 — L.2.0, T.0, C.1 — C.6, and PH.0 — PHA except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 4. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP -2017-02 and U-2017-03 shall be applicable to this approval. 5. DRIVEWAY CONSOLIDATION Prior to building permit issuance, the property owner will be required to provide plans indicating the consolidation of the two driveways along Pacifica Drive to the City's Public Works standards for commercial driveways. 6. EXTERIOR BUILDING MATERIALS/TREATMENTS The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any exterior changes determined to be substantial Resolution No. 6852 ASA -2017-04 March 27, 2018 Page 5 by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 7. WINDOW DETAILS The frontage windows shall be kept open and transparent to the greatest extent possible. The final storefront design and window display shall be reviewed and approved by the Director of Community Development prior to. issuance' of building permits for tenant improvements. No changes shall be made to the transparency of the windows without the express approval of the Director of Community Development. 8. SITE LIGHTING All lighting must conform to the standards in the Parking Regulations Ordinance, and the final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Director of Community Development prior to building permit issuance. A report from a licensed lighting engineer may be required to confirm all exterior lighting throughout the site complies with the City's Ordinance. 9. LIGHTING INTENSITY ADIUSTMENT The City reserves the right to require the applicant to utilize dimming technology to adjust the lighting intensity of all lighting fixtures when deemed necessary. 10. FENCING The applicant will be required to remove all fencing along the eastern property line to the satisfaction of the Director of Community Development prior to issuance of building permits. 11. PROTECT AMENDMENTS The Planning Commission shall review amendments to the project considered major by the Director of Community Development. 12. LANDSCAPE PROTECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15:050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or .more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per Resolution No. 6852 ASA -2017-04 March 27, 2018 Page 6 sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 13. LANDSCAPE INSTALLATION REPORT The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule. The landscape installation report shall include the following statement: "The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit." 14. LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. a) Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b) Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de - thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size -adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 15. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the Resolution No. 6852 ASA -2017-04 March 27, 2018 Page 7 screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 16. TRANSFORMERS Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area. 17. TREE REMOVAL PERMIT The applicant understands that any existing trees on-site that are removed will require a Tree Removal Permit. The proposal will be reviewed and the final species of replacement trees shall be reviewed and approved by the City in consultation with the City's Consulting Arborist prior to issuance of demolition permits. 18. ARBORIST REVIEW Prior to building permit issuance, the number, location and species of trees shall be reviewed and approved by the City in consultation with the City's Consulting Arborist. The replacement trees shall be planted prior to building permit final. The Applicant shall provide the Department of Community Development adequate documentation, including, but not limited to, photographs, receipts or invoices, to verify that replacements have been planted. The City's consulting arborist shall inspect the trees after planting and a report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 19. PROTECTED TREES The applicant understands that the replacement trees may not be removed without a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the trees. The applicant shall also disclose the location and species of all replacements trees on site upon sale of the property. Resolution No. 6852 ASA -2017-04 March 27, 2018 Page 8 20. TREE REPLACEMENT The applicant shall provide adequate tree replacements for trees proposed to be removed in conjunction with the proposed project. The number, location and type of trees shall be incorporated into the detailed landscape plan to be reviewed and approved by the Director of Community Development. 21. SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. 22. LIGHTING On-site lighting must be in conformance with Cupertino Municipal Code Chapter 19.60 and automatic teller machine lighting, specifically, shall meet minimum standards required by the State of California Business and Professions Code. 23. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible, in accordance with the City's Recycling and Diversion of Construction and Demolition Waste under Chapter 16.72 of the Cupertino Municipal Code. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 24. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 25. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant shall pay such attorneys' fees and costs within 30 days following receipt of invoices from City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Resolution No. 6852 ASA -2017-04 March 27, 2018 Page 9 Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 26. 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 ADMINSTERED BY THE PUBLIC WORKS DEPARTMENT 27. DEDICATION OF LAND The applicant shall provide a dedication in fee of a variable strip of land, not to exceed 20' in width, along the north and northwest portions of the property. Further, the applicant shall agree to provide a construction easement to facilitate future intersection improvements. Modifications to onsite facilities may be necessary to facilitate these improvements, and the owner shall agree to provide the City limited access to private property and improvements to aid in this effort. PASSED AND ADOPTED this 27th day of March, 2018, at the Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Paulsen, Sun, Fung, Liu NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Vice Chair Takahashi ATTEST: Benjamin Fu Assist. Dir. of Community Development APPROVED: