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DIR-1996-14b • CITY OF CUPERTINO ~ - - _ ,x -- - -- - ---- ------~i_1_r_____~__~ ~°==rJ ` 10300 Torre Avenue, Cupertino, Califomia 95014 (408} 777-3308 ~~--C To: Mayor and City Councilmembers Chairman and Planning Commission From: Robert S. Cowan, Director of Community Development Date: August 28, 1996 Subj: Minor Modification of 12-U-94 (Diocese of San Jose/Gate of Heaven Cemetery) 22555 Cristo Rey Drive, Los Altos, Califomia 94024 Chapter 19.132 of the Cupertino Municipal Code allows for the administrative approval of minor changes to a project. The Director reports his decision to the City Council and Planning Commission in time to allow any Councilmember or Planning Commissioner to appeal the decision within fourteen calendar days. Application: Minor Modification for installation of an above ground gasoline fuel tank Background: The Gate of Heaven Cemetery has submitted an application for an above ground gasoline fuel tank in the southern portion of the Diocese property. The fuel tank has been installed without approval, but is not operating, pending approval of this application. The old underground tank developed leaks and the above ground tank is preferred because it is more easily accessed and monitored. Approval of an amendment to the Cupertino fire code is also required because the cun•ent ordinance states that this particular tank is only allowed in industrial areas. A request to amend this ordinance was approved at the July 17 City Council meeting which will allow this tank in industrial and quasi public zoning districts. Discussion: The location and photographs of the fuel tank are enclosed. The fuel tank is situated in an existing corporation yard area, and is located approximately 100 feet from the riparian corridor. Staff believes that the visibility and environmental sensitivity issues are not significant due to the existing development in that area and the appropriate distance from the riparian corridor. A Santa Clara County Parks and Recreation Department staff person reviewed the application and requests shat any visual impact be mitigated by painting the tank a natural color and/or screening it with vegetation. Cupertino staff tinds that there are no visual impacts from the County park property. However, should a public trail be developed along the riparian corridor in the future, staff recommends that visual ~ .. screening between the tank and corridor be installed. The fire district is supportive ot'thc application, as well as the inclusion of the quasi-public zoning district in the areas wl~erc this type of tank are allowed because of the significant improvements in tank construction and materials. Approva4• 'The Director approves the above ground fuel tank since it does not create any environmental or safety issues, with the following conditions: 1. This approval is contingent upon an amendment to the fire code ordinance allowing this class fuel tank in aquasi-public zoning district, which is effective September 6, 1995. 2. Visual screening between the tank and the riparian corridor should be installed it'a public trail is developed along the corridor, to be approved by the' Director of Community Development. Enclosures: Site Plan Photographs Product Information g/pdrepotts/mmdio • J