Reso 6851DP -2017-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6851
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A DEVELOPMENT PERMIT FOR THE REPLACEMENT OF
AN EXISTING 76 GASOLIlNE SERVICE STATION AND AN AUTO
REPAIR SHOP (1,221SQ. FT.,) WITH AN UPDATED GASOLINE SERVICE
STATION AND A CONVENIENCE MARKET (2,419 SQ. FT.) LOCATED
AT 10490 S DE ANZA BLVD (APN 369-39-041)
SECTION I• PROTECT DESCRIPTION
Application No.: DP -2017-02
Applicant: Amir Khojasteh
Location: 10495 S De Anza Blvd
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Development Permit as described in Section I. of this Resolution and
WHEREAS, the necessary public no 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. 6851 DP -2017-02 March 27, 2018
Page 2
The proposal is an update of an existing gasoline station with an increase of the net square
footage (1,198 square feet) to accommodate for a convenience market and the relocation of
the existing four fuel dispensers. The redevelopment and expansion of uses to accommodate
for the convenience market will enhance the commercial activity along S. De Anza Blvd by
providing additional commercial square footage, improving sidewalks and driveways,
contributing land through a dedication to support the De Anza Blvd/McClellan/Pacifica
Signal Modification Project, and provide landscaping and tree canopy coverage in the newly
striped parking lot and along the S. De Anza Blvd frontage. Therefore, the proposal will not
be detrimental or injurious to property or improvements in the vicinity.
2. The proposed development will be located and conducted in a manner in accord
with the Cupertino Comprehensive General Plan and the purpose of this title and
complies with the California Environmental Quality Act (CEQA).
The proposed development is in conformance with the Cupertino General Plan as part of
the South De Anza Special Area. The South De Anza Special Area is intended to continue
as a predominantly commercial area with neighborhood centers, commercial office and
residential uses and gathering spaces for the community with a focus on promoting active
retail and service uses, improved bike and pedestrian connectivity to adjacent
neighborhoods and an improved streetscape with landscaping and separated sidewalks. The
proposal has met the development standards as defined by the South De Anza Conceptual
Plan and the City Municipal Code such as heights, setbacks, and parking requirements.
The site is within a Planned Development Zoning District that supports commercial uses.
Therefore, the proposed development is consistent with the purpose of the City's zoning
ordinance.
The project is exempt from CEQA under 15303 (Exemption for New Construction or
Conversion of Small Structures).
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on PAGE 3 thereof,:
The project is found to be exempt from the California Environmental Quality Act and the
application for a Development Permit, Application no. DP -2017-02 is hereby approved
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
Resolution No. 6851 DP -2017-02
March 27, 2018
Page 3
no. DP -2017-02 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 — PH.4 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. U-2017-03 and ASA -2017-04 shall
be applicable to this approval. `
5. GENERAL PLAN DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 1,198 s. f. of the available 819, 327 s. f.
commercial allocations for Heart of the City Special Area.
6. HOUSING MITIGATION FEES
The applicant shall participate in the City's Below Market Rate (BMR) Housing
Program by paying housing mitigation fees prior to issuance of building permits as
per the Housing Mitigation Manual.
7. PRE -CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
A demolition and construction management plan shall be submitted and reviewed
prior to building permit issuance. Prior to commencement of construction activities,
the applicant shall arrange for a pre -construction meeting with the pertinent
departments (Building, Planning, and Public Works) to review the prepared
Resolution No. 6851 DP -2017-02 March 27, 2018
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construction management plan, to ensure that construction complies with the
conditions of approval, staging of construction equipment is appropriate, tree
protection measures are in place, public access routes are identified is defined, and
noise and dust control measures are established.
8. CONSTRUCTION HOURS
Construction activities shall be limited to Monday through Friday, 7 am to 8 pm and
Saturday and Sunday, 9 am to 6 pm. Construction activities are not allowed on
holidays. Maximum noise levels are delineated in the City's Community Noise
Control Ordinance.
The developer shall be responsible for educating all contractors and subcontractors
of said construction restrictions. Rules and regulations pertaining to all construction
activities and limitations identified in this permit, along with the name and
telephone number of a developer appointed disturbance coordinator, shall be posted
in a prominent location at the entrance to the job site.
9. NOISE LEVELS AND ABATEMENT
Project construction and use shall comply with the City's Community Noise Control
Ordinance at all times. Should the project exceed any of the stipulated maximum
noise levels outlined in the City's Community Noise Control Ordinance, an
acoustical engineer may be required to submit noise attenuation measures to the
satisfaction of the Director of Community Development at the applicant's expense.
10. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a) Water all active construction areas at least twice daily and more often during
windy periods to prevent visible dust from leaving the site; active areas adjacent to
windy periods; active areas adjacent to existing land uses shall be kept damp at all
times, or shall be treated with non-toxic stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least 2 feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers
on all unpaved access roads, parking areas and staging areas at construction sites.
d) Sweep streets daily, or more often if necessary (preferably with water sweepers)
if visible soil material is carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best management
practices into the building permit plan set.
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11. 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.
12. 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 Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the litigation reasonably incurred by
City.
13. 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
DEPARTMENT
14. STREET WIDENING AND INTERSECTION IMPROVEMENTS
Public street widening and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer. The Developer
shall provide the City with a dedication in fee of a variable strip of land,
approximately 20' in width, along the north and northwest portions of the property,
Resolution No. 6851 DP -2017-02 March 27, 2018
Page 6
to the satisfaction of the City Engineer. The Developer shall also provide the City
with a temporary construction easement along the property frontage to facilitate the
construction of the intersection improvements and any conform areas within the
property.
The dedication will be utilized by the Public Works Department to construct
intersection and signal improvements at the intersection of De Anza Blvd and
Pacifica Drive to address inefficiencies in traffic operations.
The Developer will be responsible for installing all required frontage improvements
other than those directly associated with the intersection modifications.
15. FAIR -SHARE CONTRIBUTION
The Developer shall provide the City with a fair -share contribution of 25% of the
total cost towards the intersection improvements.
16. CURB AND GUTTER IMPROVEMENTS
Sidewalks, driveway approaches, curb and gutters and related structures shall be
installed in accordance with grades and standards as specified by the City Engineer.
17. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements consistent
with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation
Guidelines, and as approved by the City Engineer.
18. BICYCLE PARKING
Developer shall provide bicycle parking consistent with the City's requirements to
the satisfaction of the City Engineer.
19. EARTHWORK
Earthwork 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 the County Health Department, Army Corp
of Engineers and/or Regional Water Quality Control Board as appropriate.
20. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Any storm water
overflows or surface sheeting should be directed away from neighboring private
properties and to the public right of way as much as reasonably possible.
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Any onsite drainage inlets shall be equipped with an approved trash capture and
filtering device, and the property owner will be responsible for ensuring the proper
cleaning and maintenance of these facilities.
21. C.3 REQUIREMENTS
Per, the NPDES permit, this project would be a C.3 regulated project should it create
and/or replace 5,000 S.F. or more of impervious surface (collectively over the entire
project site). Stormwater treatment improvements would be required if this
threshold is reached, and the developer would be required to reserve a minimum of
4% of developable surface area for the placement of low impact development
measures, for storm water treatment, unless an alternative storm water treatment
plan, that satisfies C.3 requirements, is approved by the City Engineer.
The developer must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan,
Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and
Maintenance Agreement, and certification of ongoing operation and maintenance of
treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
22. UNDERGROUND UTILITIES
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. 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 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.
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24. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment
shall be placed away from the public right of way and site driveways to a location
approved by the Cupertino Planning Department, Santa Clara County Fire
Department and the water company.
25. 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.
26. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board
(SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB,
which encompasses preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMPs) to control storm
water runoff quality, and BMP inspection and maintenance.
27. EROSION CONTROL PLAN
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.
28. 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.
29. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City. The plan shall include a temporary traffic control plan for
work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform Traffic
Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
30. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the
City Engineer and shall be of a type approved by the City in accordance with
Ordinance No. 125.
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31. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of building permits. Clearance should include
written approval of the location of any proposed Fire Backflow Preventers, Fire
Department Connections and Fire Hydrants (typically Backflow Preventers should
be located on private property adjacent to the public right of way, and fire
department connections must be located within 100' of a Fire Hydrant).
32. FIRE HYDRANT
Fire hydrants shall be located as required by the City and, Santa Clara ,County Fire
Department as needed.
33. SAN JOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval for water connection, service capability
and location and layout of water lines and backflow preventers before issuance of a
building permit approval.
34. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract
water from the underground basin or any underground strata in the Santa Clara
Valley.
35. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
36. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be
required prior to issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL
PROGRAMS DIVISION OF THE CITY OF CUPERTINO
37. FULL TRASH CAPTURE STORM DRAIN CATCH BASIN INSERTS
For projects located in medium and high trash management areas as defined by the
City of Cupertino Trash Management Area Map or are adjacent to a creek, full trash
capture storm drain catch basin inserts may be required. A Maintenance Agreement
and certification of ongoing operation and maintenance of the devices in accordance
with the manufacturers recommended specifications is required.
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Page 10
38. STORM DRAIN INLET MARKERS
All exterior storm drain inlets on the property shall be clearly marked with "No
Dumping Flows to Creek" or "No Dumping Flows to Bay".
39. EXTERIOR COPPER
The exterior use of copper for roofing materials, rain gutters, downspouts, or any
ornamental enhancement is prohibited. Small copper adornments such as door
handles or fence post caps are exempted.
40. CONSTRUCTION AND DEMOLITION WASTE RECYCLING
Construction, demolition, and renovation projects which are 3000 square feet or
more are required to submit a completed Waste Management Plan demonstrating
that a minimum of 60% of the material generated is recycled consistent with the
provisions of Cupertino Municipal Code Section 16.72.
SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
41. FIRE SPRINKLERS REQUIRED
Approved automatic sprinkler systems in new and existing buildings and structures
shall be provided the locations described in this Section or in Sections 903.2.1
through 903.2.19 whichever is the more restrictive. For the purposes of this section,
firewalls and fire barriers used to separate building areas shall be constructed in
accordance with the California Building Code and shall be without opening or
penetrations.
42. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire
protection water supplies. It is the responsibility of the applicant and any contractors
and subcontractors to contact the water purveyor supplying the site of such project,
and to comply with the requirements of that purveyor. Such requirements shall be
incorporated into the design of any water-based fire protection systems, and/ or fire
suppression water supply systems or storage containers that may be physically
connected in any manner to an appliance capable of causing contamination of the
potable water supply of the purveyor of record. Final approval of the system(s)
under consideration will not be granted by this office until compliance with the
requirements of the water purveyor of record ae documented by that purveyor as
having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety
Code 13114.7.
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43. CONSTRUCTION SITE FIRE SAFETY
All construction sites musty comply with applicable provisions of the CFC Chapter
33 and our Standard Detail and Specification S!-7. Provide appropriate notations on
subsequent plan submittals as appropriate to the project. CFC Chapter 33.
44. HAZMAT REVIEW
A separate review by our HAZMAT Division is required. Detailed plans for the
proposed system must be submitted separately and directly to our office located at
14700 Winchester Blvd., Los Gatos, CA. All permits required by the HAZMAT
Division must be obtained prior to commencing work, or as indicated by the
HAZMAT review.
45. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address, numbers, building
numbers or approved building identification placed in, a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall
contrast with their. background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic number or alphabetical letters. Numbers
shall be a minimum of 4 inches (101.6mm) high with a minimum stroke width of 0.5
inch (12.7 mm). Where access is by means of a private road and the building cannot
be viewed from the public way, a monument, pole or other sign or means shall be
used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1
SECTION VII: CONDITIONS ADMINISTERED BY CUPERTINO SANITARY
DISTRICT
46. PERMIT FEES
Permit fees shall be required for the subject application based on the proposed area
and use modifications
47. IMPROVEMENT PLANS
Improvement plans for the subject project shall be reviewed by the District.
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Page 12
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:
Geoff P ulsen
Chair, Planning Commission