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15. Appeal 1699 S. De Anza Blvd.COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (40E;) 777-3333 CUPERTINO SUMMARY Agenda Item No. ~ Agenda Date: jtuZe 2, 2009 Application: U-2009-02, ASA-2009-02 Applicant (s): Muthana IUrahim Property Location: 1699 S. De Anna Boulevard Application Summary: Consider an appeal of a Planning Commis;~ion decision to approve a Use Permit and Architectural and Site Approval to allow for the construction of a nets automated car SnTash tunnel, a new trash enclosure and enhancements to the parking lot, and nets landscaping featw-es at an existing gas station. RECOMMENDATION The City Council may take one of the follow:ulg actions: 1. Deny the appeal and uphold the Plait~ilg Conunission's decision; 2. Uphold the appeal; or 3. Uphold the appeal with modification~~. BACKGROUND On April 14, 2009, the Plaru~lg Commission reviewed the project and public testimony and approved application U-2009-02 and A~~A-2009-02. J.P.S. Reklu, President and CEO of Coach House Wine & Spirits, filed a formal appeal on April 27, 2009 (Attachment A). DISCUSSION: Basis o the Appeal The appellant is appealing the Planning Commission's decision based on the follo~vilg reasons: o .The car jvash addition will result in loss of revenue for the Coach House Center o The car wash addition will create hazardous conditions for customers and employees onsite due to increased auto traffic T11e car wash addition ~^Till lead to uiulecessary congestion onsite A detailed letter of the appellant's concerns :.s attached (Attachment A). Staff responses are discussed later in this report. 15-1 Appeal of U-2009-02 & ASA-2009-02 June 2, 2009 1699 S. De Anza Boulevard Pale 2 f~.1j1IiCa11t C0111111e11tS The applicant's detailed response to the appeal is attached for reference (Attachment B). Staff Co1n11te~1ts Please refer to the April 14, 2009 P1aru1i1g Commission staff report for a detailed discussion of the proposed project (Attachment C). Staff responses to Mr. Rekhi's appeal letter (Attachment A) are summarized as follows: Loss of IZevellue for the Coac11 House Cell ter The project proposes to eliminate one of the t~~~o existing cross access driveways bete=een the gas station and the adjacent commercial center. The appellant is concerned the closure of the north~~=est driveway will result it reducing auto traffic to the Coach House Center from Prospect Road (see aerial diagram belo~~=). Staff believes that the remaining drive~~=ay is sufficient to facilitate incidental reciprocal access bet~~~een patrons of both sites. In addition, there are multiple access drip=es along South De Anza Boulevard and Prospect Road that sufficiently serve all tenants i1 the Coach House Center. Lori, eti~ z~- C'_ i~C:n.ll ll y~.~~. 1 ~`y ~.1'-~,` D~. \ `1`~ -. 15-2 Appeal of U-2009-02 & ASA-2009-02 June 2, 2009 1699 S. De Anza Boulevard Paae 3 Hazardous Conditions for Customers and Employees due to Increased Auto Traffic Staff reviewed the project and does not believe the car wash addition will increase auto traffic levels to cause any hazardous con~~itions for customers and employees. The driveway closure and new landscape buffer will improve auto and pedestrian safety by reducing the speed of auto traffic from Pros~~ect Road entering the site. Unnecessary Congestion The car wash will be fully automated and will not require additional employees or a customer waiting/drying area. Vehicles will enter in from South De Anza Boulevard and exit out to Prospect Road. The queuing area will be able to accommodate eight vehicles. The project has been reviewed a~1d approved by the City's Traffic Engineer and the Santa Clara County Fire Department. Accessibility to the Coach House Center As mentioned earlier, the project retails a reciprocal access driveway between the gas station and Coach House properties. According to the property owner's title report, there are no recorded access easements between the two properties. As a condition of the Planning Commission approval, the applicant is required to record an easement to legalize ingress and egress access for the remaining two-way driveway. Not enough Parking The project is consistent with the City's Parking Ordinance. Please refer to the Plaruung Commission staff report (Attachrrtent C) under the Parking section for more information. Noise Concerns An acoustical analysis has been prepared ;end condition of approval #5 requires the project to build an attenuation wall as proposed by the consultant. Therefore, the operations of the proposed project will be vJithin the allowable noise levels prescribed in the City's Community Noise Control Ordinance. The final design of the sound attenuation wall will be reviewed and approved by the Director of Community Development prior to building permits. Not enough room for the Car Wash Staff believes that the proposed location of~ the car wash is optimal for the site. This location allows for adequate queuing arE~a (to prevent onsite congestion) and is designed to have vehicles enter in and exit o~.zt without having to drive around the site. Insufficient Access for Emergency Vehicles The Santa Clara County Fire Department: does not have any concerns regarding emergency vehicle access. Additionally, the site plan shows an unobstructed 18-wheel fuel tanker access route that will allow fire trucks to have adequate access. 15-3 Appeal of U-2009-02 & ASA-2009-02 June 2, 2009 1699 S. De Anna Boulevard Page 4 Prepared by: George Schroeder, Planrung Intern Submitted by: hao Aarti Sh.rivastava City Planner Community Development Director Approved by: David Knapp City Manager ATTACHMENTS Attachment A: Appeal submitted by J.P.S. Rekhi Attachment B: Applicant's response letter Attachment C: PlaruZing Commission staff report dated Apri114, 2009 Attachment D: Community Development Department Action Letter dated Apri115, 2009 Attachment E: Plaruling Commission Resolution No.'s 6552 and 6553 Attachrrtent F: Plan Set G:~Plaru~i~:g~PDREPORT~CC12009~U 2009_02_appeal.doc 15-4 Attachment A Citr of Cupertino 10301) Torre Avenue C tJ P E RT 1 N O Cupertino, CA .95014 (4i)8) 777-3223 APPEAL ~ ~~~0~~ APR 2 7 20Q9 CUPERTINC~ CITY CLERK 1. Application No. U`;~~d0~ •-D~ ~ ~5~~~ ~1U~j •-(~2. 2. Applicant(s)Name: ~~f/~`}/i/J~• 9~/~j~/¢t/~ ~~7~j~ S~J~nl/1J~ 3. Appellant(s) Name: , `) • ~ S • /~,~.//~~/ Address ~~ SDU7/~ ~~%7Ni/J I~~ l//~ ~t/~~/~7/~l/v c`'f~-~r s~ i Phone Number ~- ;Z ~~ - 71 Lij ~ Email ~ fI U~ ~ ~O•l~~//~IGII~r,~w1N~ •, CO/'~ t 4. Please check one: Appeal a decision of Director of Community Development Appeal a decision of Director of Public Works Appeal a decision of Planning Commission Appeal a decision of Code Enforcement 5. Date of determination of Director or mailing of notice of City decision: l ~ /~ P~'!~ Sao 6. Basis of appeal: Signature(s) C7 ~ /Z 7 Please complete form, include appeal feE; of $156.00 pursuant to Resolution No. 07-056 ($150.00 for massage application appeals), and return to the attention of the city Clerk, 10300 Tone Avenue, Cupertino, (408) 777-3223. 15-5 Dear Sir or Madam: It is our position that allowing the Gas Station to build a car ~~~ash center at its present location will result in a loss of revenue for the Coach House Center, create hazardous conditions for customers and employees alike and lead to uiulecessary congestion for the public. Cun-ently, there are six entrances to the gas station. If the gas station is allowed to proceed in the manner it intends, this will result in effectively closing off t~~~o entrances to the Coach House center completely. In addition, although the remaining entrances and exits «~ould still be available, these entrances into the complex as not as accessible as the ones cunrently in place. Potential customers will now be required to drive further distances and navigate congested intersections to gain access to Coach House Center (for example malting a U-Tuna past the Coach House Center complex). Customers may simply decide to forego making a U-Turn or navigate a busy intersection (especially when pressed for time) by going to a more convenient and accessible location. The six entrances and exits have existed for the last 40 years and customers have relied upon the convenience and ease of access to the Coach.House Center. Blocking off these entrances «~ill have a negative impact on ALL the businesses at the Coach House Center. If the gas station is allo«~ed to proceed in the manner it intends, there is not enough panting (Five spot) far customer using their se1-~~ices. It is expected that if customers at the gas station are unable to find parking, they will seep parking on the Coach House Center premises although they may not be conducting any business at the Coach House Center. This will result in customers that are actively seehiug to shop at Coach House Center to have to deal with the hassle of finding panting in a convenient location. An increase in auto traffic is also hazardous for pedestrians if the proper wallc~vays and zones are not created for their safety. Also, it is expected that construction of the car wash center will result in additional noise and nuisances for customers and employees. After construction, it is also expected that maintaining and operating the car wash will result in additional noise and visual blight for the neighborhood. As the complex currently stands, it is tucked a~~~ay quietly at the corner of a busy uitersection. If the car wash center is built, it will undoubtedly result in congestion as cars may line up to pump gas, to refill on air or water, to obtain propane gas AND now to have thew cars washed. The gas station does not realistically have the space to provide all these amenities. The planning conunittee has failed to sho«~ ho~v the gas station will acconunodate the additional number of cars (not only for its customers but also for its employees) while they are waiting for the car wash service once it is built. 15-6 Also if the gas station is allowed to proceed in the manner it intends, it will hinder the emergency services (Fire fighter, paramedic etc) access to Coach House Center in efficient way. This must be address We request the plamzing department to review their approval of this project and make necessary changes. Thanks Sincerely JPS R li President & CEO Sul~lcaran Ilic dba Coach House ~~~ine & Spirits 1655 South de Anza Blvd. Cupertino CA 95014 Date: 27 Apri12009 15-7 SIMKARAN, INC. WELLS FARGO BANK, N.A. $238 DBA COACH HOUSE WINE & SPIRITS www•wettsfargo.com 11-4288/1210 1655 S. DE ANZA BLVD. PH (408) 252-7141 11-4288/1210 CUPERTINO, CA 95014 4/27/2009 PAY TO THE City Of Cupertino ~ ~** 156.00 ORDER OF One Hundred Fifty-Six and 00/100**************»*******~*~*~~****************************************************** DOLLARS City Of Cupertino , 10300 Torre avenue Cupertino, CA 95014 MEMO //~~ ~~ ~'~ ~_ i/ ,~^ AUTHORIZED SIG<`IP,'fURE 11'008 2 3811• ~: L 2 L04 288 2~: 0 5 L 5 79 3 5 011' 15-8 . Attachment B I M I Architects, Inc. A California Co ~r"G~'LL~EGtS ARCHITECTURE PLANNI NG MANAGEtv1ENT DESIGN 2960 CAMINO DIABLO, SUITE 100, WALNUT CREEK, CALIFORNIA 94597 Muthana Ibrahim Architect President Telephone (925) 287-1174 Facsimile: (925)943-1581 May 12, 2009 Mr. George Schroeder City of Cupertino- Community Development 10300 Torre Avenue Cupertino, CA 95014 (408) 777-7601 Cell: (925) 878-9875 RE: VALERO CARWASfi ADDITION 1699 S. DE ANZA BLVD. Email: CUPERTINO, CA 95014 muthana@miazchitectcom Dear Mr. Schroeder: This letter is intended to highlight our responses to JPS Rekhi's appeal letter dated April 27tH, 2009. The entitlement of this project will not result in any hazard conditions or traffic conjunction based on the following facts: 1. The proposed improvements maintain the existing mutual access between the shopping center and the gas station property 2. Eliminate the hazard conditions as a result of the rush-through traffic west of the food mart building and provides a safe access for the shopping center customers through the gas station property 3. The industry standard for a queuing lane of a full automatic (drive-thru) carwash is (5) cars maximum. We anticipate less then that at this location. The queuing lane is situated at the north-west corner of the property allowing two vray access between the proposed carwash and the exiting food mart building 4. The product tanker delivers the product at late evening hours, approximately (8:00 pm). Usually late evenings are not a busy time for the gas station or the adjacent shopping center. 5. The proposed canvash is not a full service carwash but it is a drive through carwash. There is no customer waiting or any hand drying on site. The carwash required no employee. The customer will drive through the carwash tunnel for the washing and drying cycles then leaves the gas station site The appeal letter indicates noise & parking issues. As far as the noise, the proposed carwash complies with the City of Cupertino, Chapter 10.48, Community Noise Control. The noise study prepared by Mei Wu Acoustics recommends installing a sound wall at the exit and the entrance of the proposed carwash tunnel along the west property line. Regarding the on site parking, the project complies vrith the City of Cupertino requirements. The on site required parking stalls are (5). The proposed project provides (6) parking stalls. In addition, the customers use the fuelling positions at the canopy to shop at the food mart. This is an addition of (8) stalls available for the customer. 15-9 Page 2 of 2 5/12/2009 Mr. George Schroeder With the approval of this project, we will enhance this comer, provides additional source of income to the gas station owner and generate additional tax dollars for the City of Cupertino. Please call me if you have any questions Sincerely, n2uz'(a~ra ~~alu~ Architect, President M I Architects, Inc. 15 - 10 A~~.~hm~nt C COMMUNITY DEVELOPMENT DEPART~JIENT CITY HALL 10300 TORRE AVENUE • t~UPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408;1 777-3333 CUPERTINO SUMMARY Agenda Item No. ~ Agenda Date: April 14, 2009 Application: U-2009-02, ASA-2009-02 Applicant (s): Muthana Ibrahim Property Location: 1699 S. De Anna Boulevard Application Summary: USE PERMIT and ARCHITECTURAL A]~TD SITE APPROVAL to allow for the construction of a new 846 square foot automated car wash tu.iulel, a new trash enclosure and enhancements to the parking lot, and new landscaping features at an existing gas station. RECOMMENDATION Staff recommends that the Planning Comnli_ssion approve Use Permit, U-2009-02, and Architectural and Site Approval, ASA-2009-02, i1 accordance with the model resolutions. Project Data: General Plan Designation: Zoning Designation: Lot Area: Acreage: Building SF: New Car Wash Tunnel: Existing Convenience Store: Existing Dynamometer Bay: Existing Fueling Canopy: Total Building SF: Car Wash Tunnel Building Height: Total Parking Proposed: Total Parking Required: Corrunercial /Office /Residential P (Comm, Res 5-15 Du/Ac) 19,919 square feet .46 acres 846 ;square feet 1,126 square feet 372 ;square feet 1,271 square feet 3,618 square feet 15 fE~et 6 spaces 5 sp,~ces (1 /250 sq. ft. retail area) Project Consistency with: General Plan: Yes Zoning: Yes Environmental Assessment: Categorically Exempt 15-11 U-2009-02 Rc ASA-2009-02 Neer Automated Car ~T~~ash Apri] 14. 2009 1699 S. De Anza Boulevard Pase 2 BACKGROUND: Site Location The project site is occupied currently by Valero Gas Station and is located at the northwest corner of South De Anna Boulevard and Prospect Road. The site is surrotulded by the Coach House shopping center to the north, an office building to the west and similar gas station uses to the south and east. Aerial Photo On September 2007, the City approved a Mi1or Modification (DIR-2007-17) allowing the expansion to the convenience store and. construction of a ne~~~ trash enclosure. The expansion of the convenience store is currently under«-ay and the construction of the trash enclosure has not yet started. DISCUSSION: The applicant is requesting additional approval for the followilg: • Construct a new 846 square foot automated car wash tunnel • Construct a ne~v trash enclosure near the car wash entrance • Enhancements to the landscaping features • Sidewalk and driveway improvements along Prospect Road and De Anza Blvd. 15 - 12 U-2009-02 & ASA-2009-02 New Automated Car wash April 14, 2009 1699 S. De Anza Boulevard Page 3 Proposed Site Plan f-ash Encic~sure 0 .. ~y.~. r -- _ 1 ' syT~ P . ~ i C ~ '~ ~.~_ ~ a \ ~ _ Y C~ S ~I I. _.: • ~ _ FOCI - - - < as ~_.m.., D ~.Q ~ t e `~ u _~___ ,~ ~ - - ~ P R~ S F E C i G O h I - ~ ANY .orr Car Wash According to the underlying general commercial zoning district, all new automobile washing facilities must require a conditio~lal use permit approval by the Planning Commission. As part of the use permit re~,-iety, the Plaru~illg COInmISSlon n1USt fllld that the following key criteria from the City'; Drive-through Policy, enclosed, are met: • Located in a manner which is minima fly visible to the public • Will not disrupt traffic flow or create Hazards • Are not located adjacent to residential uses • Only be allowed on major collector or arterial streets • Sufficient queuing area is provided Staff believes that the proposed drive-through car wash facility satisfies all of the required criteria and supports the applicatiolt. Parkilzg The site currently has eight off-street parking spaces. The applicant is proposing to remove two spaces and provide five stan~~ard and one disabled off-street parking spaces. The City's Parking Ordu-lance does not address parking ratios for gas station, service bay or drive-thru uses. Historically, gas stations and similar auto related uses have been required to provide parking only 'or their "commercial/retail" portion o,~tl~~ U-2009-02 & ASA-2009-02 New Automated Car Wash April 14, 2009 1699 S. De Anza Boulevard Page 4 building at one stall per 250 square feet. Based on this formula, the project is required to provide at least five spaces (1,126 sq. ft./250 = 5). If the square footage of the dynamometer bay is included uz the commercial/retail portion of the calculation, then the project would be required to provide six spaces (1,498 sq. ft./250 = 6). The project proposes six spaces. Hours of Operation The allowed hours of operation for any general commercial use is 7 a.m. to 11 p.m. The proposed automated car wash will be open daily from 8:00 a.m. to 8:00 p.m. The service bay is open from 9:00 a.m. to 6:00 p.m. Monday through Saturday. The applicant indicated that the existing convenience store is currently opening daily from 6:00 a.m. to 11 p.m. Since the City has no records of a prior Use Permit approval for the early hour operation, a condition has been added to limit the hours of the gas station from 7 a.m. to 11 p.m. The applicant has been made aware of the option of making a formal request for the earlier hour but elected not to due to the additional time required to re-notice the item to include the hour extension request language. Landscaping Etiharzcements The project is located u1 the South Saratoga-Sunnyvale Road Planning Area. New construction or redevelopment in the plan area are required to provide an average 50- foot wide landscape setback area along Saratoga-Sunnyvale Road (South De Anza Boulevard) and a 25-foot wide landscape setback along Prospect Road. However, if the 50-foot wide setback cannot be reasonably met the Planning Commission can reduce the landscape setback along South De Anza Boulevard. 111 addition, the plan requires that a five-foot wide sidewalk be constructed behind a minimum 10-15 foot wide landscaped parkway strip along South De Anna Boulevard. Given the current constraints of the site (existing fueling canopy, gas pumps and drainage swales), it would be physically and economically infeasible to provide any enhancements to the existing landscaping or sidewalk along the S. De Anna frontage. The applicant has worked with staff to provide enhancements to the landscaping area and sidewalk along the Prospect Road frontage consistent with the S. Saratoga- Sunnyvale Conceptual Plan. Site Circulation Eltlzancements The Public Works department and the Fire Department have reviewed and are in support of the project. The following points summarize some key enhancements being made to the project site: • The driveway located at the southeast corner of the site along the De Ariza Boulevard frontage, nearest to the intersection of De Anza Boulevard and Prospect Road, has been eliminated to reduce traffic safety concerns • The two-~vay driveway located at the southeast corner of the site along the Prospect Road frontage, nearest to the intersection of De Anza Boulevard and Prospect Road, has been modified to an ingress-only driveway to minimize unsafe vehicular movements 15 - 14 U-2009-02 & ASA-2009-02 New Automated Car Wash April 14, 2009 1699 S. De Anza Boulevard Patre 5 • The driveway located at the northwf~st corner of the site is removed to facilitate the new car wash driveway and building. The adjacent commercial center still has the ability to access the project site through the remaining driveway along the northerly property line Siglzage The applicant has provided conceptual dE~signs for signage for illustrative purposes only. These conceptual signs are not a part of this approval. A separate application for review and approval of a sign program and signage will be required for the project as a condition of approval. Gree~Z Building Measures Staff recommends that the Planning Commission consider adding a condition that requires the applicant to explore incorporating green building measures for the construction of the project. This may includE~, but is not limited to: • Low VOC paints • Maximizing recycled building materials • Porous concrete • Energy efficient mechanical equipme~lts and lighting (including solar energy) • Maximizing onsite water retention • Draught tolerant and pest resistant landscaping ENCLOSURES Model Resolutions Criteria for Review of Drive-Through Uses Plan Set Prepared by: George Schroeder, Planning Intern Approved by: Aarti Shrivastava, Community Development Director ~~ G:~PIa~u~ing~PDREPOR7~cUsereports\U 2009_02.doc 15 - 15 Attachment CUPERTIND April 15, 2009 Mr. Muthana Ibrahim MI Architects, INC 2960 Camino Diablo, #100 Walnut Creek, Ca. 94597 103UU 'Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Deparfil2ent SUBJECT: PLANNING COMMISSION ACTION LETTER - U-?oo9-02, Asa-2oo9-02 This letter confirms the decision of the Planning Commission, given at the meeting of April 14, 2009, approving a Use Permit and Architectural and Site approval to allow the construction of a new automated carwash tunnel, a new trash enclosure and enhancements to the parking lot, and new landscaping features at an existing gas station, located at 1699 S De Anza Boulevard, according to P1aru1u1g Commission Resolution Nos. 6552 and 6553. Please be aware that if this permit is not used within atwo-year period; it shall expire on Apri114, 2011. Please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, George Schroeder Planning Department Enclosures Resolutions 6552, 6553 CC : Atam Sandhu,1699 S De Anza Blvd, Cupertino CA 95014 15 - 16 Attachment E CITY OF C UPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0.6552 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO ALLOW FC>R 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 Planning Commission of the (~ity 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 oi~ 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 findin€;s 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 Boulevarci 15 - 17 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 m;n;mum 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. e The plan shall include water conservatior- and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide 15 - 18 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 t~uilding materials, using porous concrete, using energy efficient mechanical equipmEnts and lighting (including solar energy), maximizing onsite water retention, aild 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 u~;e 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 l:~e 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 ~~f 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 lie prepared by the applicant and approved by staff prior to issuance of building permit:. 15 - 19 Resolution No. 6552 U-2009-02 Aprff 14, 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 1V: 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 15-20 Resolution No. 6552 U-2009-02 Apri114, 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 ~~ublic street areas. The transformer shall not be located in the front or side building setb;~ck area. 24. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (B1V[Ps), 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 agreE~ment 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 st<<ted 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 in~:lude, 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 designE~d to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 15-21 Resolution No. 6552 U-2009-02 April 14, 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 ATTEST: APPROVED: /s/Aarti Shrivastava Aarti Shrivastava Director of Community Development G:IPlanni~:gIPDREPOR7'IRES120091U-2009-01 res.doc /s/Lisa Giefer Lisa Giefer, Chair Planning Commission 15-22 CITY OF CUPERTINO 10300 Toxre Avenue Cupertino, California 95014 RESOLUTION N0.6553 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROV~~L TO ALLOW FORA 846 SQUARE FOOT AUTOMATED CAR WASH TUNNEL, A NEW TRASH ENCLOSURE AND ENHANCEMENTS TO THE PARKING LOT, ~~ND NEW LANDSCAPING FEATURES AT AN EXISTING G.AS STATION. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval, as described iri 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 off= proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed log=ation, 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 anti conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the Architectural and Site Review Chapter of the Cupertino Municipal Code; and NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, Exhibits, testimony and other Evidence submitted in this matter, the application for Architectural and Site Approval is hereby approved, subject to the conditions which are enumerated in this Resolution begirululg on Page 2 thereof; and That the subconclusions upon which the findinl;s and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. ASA-2009-OZ 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.: ASA-2009-02 Applicant: Muthana Ibrahin on behalf of Atam Sandhu Location: 1699 S. De Anna Blvd 15-23 Resolution No. 6553 ASA-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 Anna 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 15-24 Resolution No. 6553 ASA-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 ti~uilding materials, using porous concrete, using energy efficient mechanical equipmEnts and lighting (including solar energy), maximizing onsite water retention, aild 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 u:;e 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 tine 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 rrLn;m;~e 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 lie prepared by the applicant and approved by staff prior to issuance of building permit:. 15-25 Resolution No. 6553 ASA-2009-02 April 14, 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 ADMINLSTERED 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. 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 inaxunum height permitted by the zone in which the site is located. 20. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 21. 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. 22. 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, 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 15-26 Resolution No. 6553 ASA-2009-02 April 14, 2009 Page 5 avoid an increase of one percent floodwater surface elevation of the culvert to the satisfaction of the City Engineer. 23. 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 devel~~per shall submit detailed plans showing utility underground provisions. Said plans sY~all be subject to prior approval of the affected Utility provider and the City Engineer. 24. 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 setb~~ck area. 25. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BN[Ps), 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. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreE~ment with California Water Services Company for water service to the subject development. 27. NPDES CONSTRUCTION GENERAL PERMIT The developer must obtain a Notice oi= Intent (NOI) from the State Water Resources Control Board, 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. 28. C.3 REQUIREMENTS The developer shall reserve a muuinum of 4% of developable surface area for the placement of storm water treatment facilities on the improvement plans, unless an alternative storm water treatment plan to satisfy c.3 requirements is approved by the City Engineer. The developer must include the use ands 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 required. 15-27 Resolution No. 6553 ASA-2009-02 April 14, 2009 Page 6 29. 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. 30. 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. 31. PEDESTRIAN ACCESS EASEMENT The developer shall provide pedestrian access easements as necessary to allow pedestrian travel along portions of sidewalk residing on the site. 32. 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 lll the public right-of-way that may include, but is not limited to, sidewalk, pavers, landscaping, and streetlights. 33. MONUMENT SIGN An encroachment permit and maintenance agreement will be required for any monument sigri placed in the public right-of-way. 34. 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. 35. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 36. 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. 37. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 38. REMOVAL OF DRNEWA~ The applicant shall remove and replace the driveway closest to the intersection (the eastern driveway on Prospect Road). The driveway shall be removed and replaced with standard sidewalk, curb, and gutter as required by the City Engineer. 15-28 Resolution No. 6553 ASA-2009-02 Apri114, 2009 Page 7 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 ATTEST: / s / Aarti Shrivastava Aarti Shrivastava Director of Community Development G: IPlanninglPDREPORTlRES12009tASA-2009-02 res.doc APPROVED: /s/Lisa Giefer Lisa Giefer, Chair Planning Commission 15-29 nrd M niMA • M OL 7001 - ~o 6T 3~ P ~-~ `:°d rt ~1 ~~. -~ 6 [~ aZ 6 o 6 I y 0 L (`J ~; 1 a' „'# r e~U 6,. ~~ a. y s: ~ ' -~ k: ~ ~ . ,~~ ,. ~~ O F. ~+ ~ E - e, Z~~ ~ 0 ~° ~ s 0 o ~ P~ 0 ~~ i u i g E '~ '~ ~ !, j ~I ~, ~ ~ ~~ ~ m. ~~~ ~ I ~~ e I '~~ I ~~ ~ ~ I .~ -. ~ s °~ r~ ,, _ I 103,53' %-' _ - r~ ~. -----_ .-- _ - ---- -- :~ _~ ,. i E S A R A T^ G A - S U N N Y V A L E R^ A D CS ^ U T H D E A N Z A B L V D.) 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II I ~ ~ ~ O' I w 63 GAS METER (GM) ~ _ L'~'CflVERS + ^• i - -~I` I I ,, ~ '"~ I B3 ELECTRIC METER (EM) O ~ •. ., Q CENTER CF MANHOLE <MH) { ~,.~.h ~ ~ PUMP ISLANDS yg,58 9948 ~ I ,w a JOINT POLE (JPJ O ~ PARKING }(Ip113 ~ , ~., Ij~ X X I ~ ® SEWER CLEANOUT (SOU) O X10}.29. 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X ~-RIVE )( GUY WIRE (GUY) ~ \ - ~ ~ - 11 , / ~ ',~ l I ` -MAIL BOX <MB) - ~ i ~ II ~ • I "~ Y" ~ HOSE BIB (HW I H -' "I V - ~ I { 1W.74 ~ STREET SIGN (SIGN) ~ ~~ X103.68 '~(i01.37 I = II - 11X _ ~3>~~ I ~ TREES WITH TRUNK -IAMETER NGTE- ~ II 'll - ` I ;;~ l X100.70 II I _ ~ I ~ll~ PARKING -iDidOX.~ ,. II II ~ ~ I ,. \ ~ I ii ii ~~x X100,33 zzsxzzs ~ ~ i 19386 ~~ i ~ ~ ~ tl ~ ~, ~~; ~I X99~s X99,63 TCP 1GST~ ~~~~ ..j ~ ',. JI ~~~ - ;~ '. ~ 19.91 PARKING ~ X100. B X10067 ~~' 225 Xltin e-~CI-045: ~~~ SV~'E '- ~~~ X ~ X100A0~ ~ ~ TAI AREA OF LOT =19,949 SQ•FT \ - ~}D"'s - -_~'" ~~ I XTDi.af Xml~s i , l.B'coovER - ~- ~ ~ ~ ~ " '" ~1BO~a Xmo>3 00 1 W~ a _ BRICK ~UARKiNG- I ~ X033 ~'r---'~ - _ ~ SIGN I4RAFfI 102.930217 - %I ~ ~` }~ifl0.35 - ~~ 225x2,25 ~SIGNA RET_WALL E ` TDP ~ GS~1 i ~ $3.68' - DI 10069 ~ J,;99~27 i - X100.88 X 10 64' ~\~ ~~ I` 1 PLANTER ISLAN- ~ :, I } ~(1n182 X101.54 1i1L2~'-1 }(1D0,47 , ~~RAFFIC I ~ ,X1n074- Xf00 /~~SIGNAL ii _ ~- va I ~ --- wiV I 1. ~IPB / _. 7 :, I 1 I I I I I 60' 8.43 I~ IW I to I Iw k~ I I I I I I I I I I I I ' x(98 74 `I I I I I I I I I I I I I I I ,`K98.91 I I I I I I W~Y I I I I I I I I I I 99.10 • I ~ -i _ -7 IV X10111 ~q~ TRAFF~~ ~ I ( PLANTER ISL ND --__ _ - ~ / SIGPJpL `~ 42 WC_RA1 36'~PA~41 - f 101.81 IV X10 ,~40~~- 4-= ~ - ~n~ t•~R~'~100.9 ~ ^~ 99.60 X wv ~ _ _ ----- T _ _~~- -------- I _ - _ , < n --- T 997 ~~~ 9978 CDNCREYr ,. ~ _`_ ~~ <.._ - DRIVE WA ;. ----r I 3636k~E '~ VE WAY ~ 36'TREE I yM I ,Q` ~~ ~ ~' .: 100~I2 X9.96 ' E SIDEW CURB TpPFdCE _ -~----L--®'-1--- L ~--- ------ -----~" ~ _~ . 99.97 - -'----------------100.23 100.09 MENT ~--------~'----- _ ~ ------------------- -~- 101.7 --------- -=-3E------------- -)f---° - 10D69 E .g@F PAVE 101.51 101.16 Q PACBELL MH ~ TREE NOTES: 4 5' 9PECIEB OF TREES TO BE OET@BJI14® BY AN ARBORRT. ORP LBES ARE NOT BHDNM ON TMIB NAP AND ARE TO BE MEASURED NJ THE RE1D ONLY TREES lAROER TMANIINCHES IN gAA4lER ARE BMOPM ON MSMAP I DISCINMER ~ I ALVAREZ AND A890GATES,INC.OR RS OFFICERS ORAGENTS SFNLL NOTBERESPONMBLE FORTIE ACCLRACY O O' ~PLETEIESS OF EIECTRONO COPIES OFTHSPLAN. ~ I A THa MAP REPRESENTSTOPOGRAPHY OF THE SURFACE FEATLRESONLY. UNLESS BPEgfl®ON THS MAP, ~ I 10021. LoranoNS of THE uNDERCaouND IlDLRIES ARE NERlER nnEIOED NaR IMPIJ®. PoR TIE LOGTIOIJ& 2 0 4 ~ ~ 0' X oFUNDERDROU1DUnLRIESGU'USA'(14NOM2~2M4I. MN(PACEFEATiJREBARELOGTEDBYIEANSOFA 101.v S87°30'OOM -~- - STA710NANOOFFSETFROMTIECONTROLLNIE. CIRSAlNE OFFSETS ARETO FACE OF CURB. MANNOIESAND - FLATORATEOFFSETSARETOTHERERESPECTIVECENTERS. MOOOED GTCMBAMNSARE MEASlS1ED FRgA 101.79X X TI£ TOP OF FIOODAND INVERTSFOR MANHOIESARE NEASISED PROM TIE RW. 11E TOPOORAPNY CONTROL UNE(81 DEPICTEDON TMS NAP IS BASED ON FOUR MMONLIR,EENre,ASPUT OF NiFROJEAIQlTS ORACOABINATpN ~- - - P R D S P E C T R ~ A D TMEROF. TIE TOPOCRAPMY CONTROL UNEIS)SNOULD NOT BETAKEN AS REPRESFJIIING THE RECORD CENTERLINE of TIE STREETS. IF IMDERDR0UN0 UTIl1TIES ARE SHOWN ON Tf#S NAP THEN THEY H4YE B~1 LOGT®PER'US~1 MNBONGs ~I W O 0 O O 0 I 99.49 II II II II ~~ II II II II QII QII QII QII LJ mil QII rll zll QII ~I~ QII I I II Q I ~~ Q Q AS~t -~o -off k;>yra°I!xi;eamr PB17~~r~dng Ca~Drss-s~.~s~~art ~'/ -0~ Ilst Si~sat~ire REasloNs W yZ W ~Qn JN U y~rn QQaN aEVUn =WCV Q,'OQN j22o Q °ND N :d • C ~~+ ® S+~ BY A (..y N UNU z ,: 1~/~~', 1~v~i L W 1••1 /W~E~ a W ~/ ~p ~ a~U DATE • 10RSgd JOB• • 79106 IMP BGIE • 1'y1P DRAVA+BY•TP RELD SURVEY BY • JM d FS ARI.Oel-10-170 1 OF 1 1-~i~l A*~~ 8 8 U! MOYAI6 IRAQ N!1 WD01lIMl1NZ OrN ~ ~-. :. -~., r ~ I II , i' I` I f `.i Km I ~~ 1.._ . -., ,~ ~ ~ _~ _.. i , I ~ ---~ ~ -~ - il, ~ i III ~J `P I I _''. I ` tE)c~NOPr ~~ tElcoNrEae+aE ~~' lo; o I I r STORE _~ -I, ll ~ i III ~~ ~ i I _._ _-.- , __ ---- li ; i ~y, ; I~ '~ - -_.. `V I fEJ DTNrMOME7B¢ BAY I I ~ q /i - __ ~. ~. I ~ ~ )~ ,I I h ~~~ ~ ,~ it r .; ~ ; ~-T _ ;. -- , i' _= ;;, I ~ _.._.. L __~ --- ___ ___ -. 0, a6!l.Q R7lNVl Ri1Vq!lIFKl N61 TMmI lT GII70r GIOIIW IGR M1pN1' lNO W K - - I - ._ PR05Pt:GT ROAD" A Q Q wJ J~ ~~ }N zz z4 w I Q dx ~~ 0 d~ i __J PROP05ED PERVIOUS SURFACE AREA = 1,652 S.F. PROP05ED IMPERVIOUS SURFACE AREA =18,2915.F AREA OF NEW LAND DISTURBANCE = 2,1115.F. ~ PROP05ED 51TE PLAN NORTH t' /////////~///h ______ 't 1. ~cr:~, ~~~ i F= ~T.IlJ1 - - '; !. ~ p ~, - ~ I I II_! I i re~ cNVar I i t~ ca+ve+~ I ,I, (ol ~ ~ ~ ~ STORE JII I, I'i I 1 Ii ~ 1 ;i L~ L... I ~ti (E1 D1'NAMOME7@t ;~~ _ __-~ ~~/ ~ ~; ~ I ~~ ~.~ .. Q Q Q Q WJ J~ d ~a }N zz Z~ m w I Q d= ~~ 0 ~ F Q d~ d ~. ~. / I .w.__ , ..__._.,...~...J..,~__ . A2 I P~nts~tlrr~ Cgt~sgrsi~~s~stt ~ I!~ 49 a-G7E ei~C ~r ~~J . PR05PEGT ROAD STING PERVIOUS SURFACE AREA =1,~SO S.F. ITING IMPERVIOUS SURFACE AREA =18,169 S.F. ~ EXISTING 51'fE PLAN NORTH M I Architects, Inc. ARGHITEGTURE PLANNING MANAGEMENT GE916N 7b0 WMIIIG pMLO 9RIE N70 YW.NR Lt~~ GA 9YA7 ffi7E'HIT4 UI 4J7-R4SE01 Pmi 9bDTb90T5 GII ~tcoR ~~ « Z ~~Ip~ aQ~~ O ~ "4 IL I Ill ~ ~~Q~ W~~p~j J ~ '~\\ v ~ v rRm R1l fEI~IRLTOM ~~~~ ObM .mNlAI{NNN ~~~ O~OI RI~RAIIRapIN ~~..~.. SUFAG6 IblR. oe-~oo~ LMIM,lI tl!'.1~ M G3 Q 11~i~1 A+~ae.~e. M I Architects, Inc. ARLNITELTSRE PLANNING MANAGEMENT Dl316N 2960 CN1ND DUBLO 9UI7E 100 Y1N.Nlf LR®G Cd 94!97 g323N174 TAI 975.913-PIDI Pmt 975-eTD137s u11 mggntM6adYbrRum B A7.1 - _ _--_--_--__--_-__~__--_-__ - RR.QV__ - rIGGD~ ASD~E -_ X766 YUAI YEOtlR61G_ - -~~ ~V ~;; ;i; i, n, vn7,i-;; /iq,n.i~; ~OO /;i,7, ;,;; ,; ,i, ,,ry%i„,;,q,i,i; 'G.; ,; ,,: i~UU /; ;; ,; ,i,, i;, .l/Jrll GAl1 . ~ /, Y ~$ . +~ . ae. _ - - _ _ - -~~ •masi.. ~~ ~ ~ I-----i. _ _ _ _ fL11CT 1)R1 mItlIE I-----I ~~~~~ L _ _ _ _ _ I_---- r~-,~-,~--,~ AL ~ -~ ------------- --_ _~_-_ ~=~10 11011 ~I~ A21 I__ i----_I ---- - - A A2.1 ~S~-aoo9-off s., ~,~~:~,~t:.aoo~-oa III:~ ~iy~~ES!f ~~ ~~ ~~~ ~~ xx_ Q~g yyi F~ a ~??~~~~ ~om~~~ aa~~~~ 0~~~~~ ~=wU~~ ~pz ~~ DEC vi OTC ~~ ~~ff~~€~ v »~~ ~ ~~ ~~~~ WDA .t1lm MRNNNU ~.,e ~..~N.t.~., tIN101 1!•ti9.11~ilMN~ ~- ~ FLOOR FLAN - 6CALEt V4' • I'-0' S 0 6 b tlun¢ 6LY9s w'. ro NORTH ~\ -/ ~o.rcT, oo-aDOz 6NMM.l1 CIlA~ MI 1W8 bN71m DA1G OFOI-01 X1.1 rer a c~ era ~_~ "' =~ ° ; ~~ ~ ~~ ~ ~_ ~} 4)' ~.i f3 Er} 'a¢t L '.jam t( ~ ~.7 ' y 7! ~ 9 1 O e a ~p ~o a a ~~ i I e~ II ~~~ I ~~~ I ~~~ ~i P I ~~~ ~~ ~~ ~~~ ~~ ~~ ~~F i ~~ ~g i ~~ ~~ ~ ~ ~~ I ~~ ~I4 ~ ~ ~~ ~I$ a ~~ ~~ I I i ~~ ~g ~~ ~~ ~~ N ~ ~ i i ,,"o' VALERO POO37 MART ~ ~ ~ ~ ~ p ~ ~ $ ~ ~ j ~ ~ ~ ~ G~4RIN~5H ~J7DITION ~ ~ ~ ~ ~;;~ 3 Nmz~ t~0 ~ ~ ~ ~ ~ ~ 1699 S. 17E ~NZ~ BLVU. ~ ~ ~ ~ ~ g = _ o "' ~ ~ ~ ~ ~ GUPERTINO, Gr4 95014 r_ ~' _ ~ ~ _ = a A jj DRAMN! NO xlGRKA7101p ND 11! GQICa19 DEmOm KIHM TQI GOMIINI! M ORIMWY. UllRMJ1m YIOIOC M ~ ARG111lGT4 MG. m ~ ~ _ _ ~ ^ ~ aw n~a~ awe vu~c~a Qoca~n+ ds~i~emd c~a~r~nro NMN a r~o~ r. i ~~ ~~ ~ I I I I I ~a ~s ~~a ~~ I ~~ ~ ~~ ~$ ~~ ~ iT t7 r _ i- y I GJ ~~~R .~__ ~..J F_ ~_.i x_. ~.. r ~.. MEMORANDUM INTEROFFICE (:ORRESPONDENCE CUPERTINO DATE: June 2, 2009 TO: Gary Chao, Planning FROM: Glenn Goepfert, Public Works SUBJECT: Appeal of application nos. U-20Ci9-02 and ASA-2009-02, Muthana Ibrahim (Atam Sandhu), 1699 South De Anza Boulevard, APN 366-10-120 Regarding Council Agenda Item 15. Consider an appeal of a Planning Commission decision to approve a Use Permit and Architectural and Site Approval to allow the construction of a new automated carwash tunnel, a new trash enclosure and enhancements to the parking lot, and new landscaping features at an existing gas station. Application Nos. U-2009-02 and ASA-2009-02, Muthana Ibrahim (~~tam Sandhu), 1699 South De Anza Boulevard, APN 366-10-120. (Continued from May 27): Public Works recommends that the following approved project design features remain in force: The driveway located at the southeast corner of the site along the De Anza Boulevard frontage, nearest to the intersection of De E~nza Boulevard and Prospect Road, has been eliminated to reduce traffic safety concern~~. The two-way driveway located at the southeast corner of the site along the Prospect Road frontage, nearest to the intersection of De flnza Boulevard and Prospect Road, has been modified to an ingress-only driveway to m inimize unsafe vehicular movements. The driveway located at the northwest corner of the site is removed to facilitate the new carwash driveway and building. The adjacent commercial center still has the ability to access the project site through the remaining driveway along the northerly property line. The first two items will serve to eliminate traffic circulation conflicts and enhance safety. The third item is necessitated by the approved design oi'the carwash addition; adequate circulation between the adjacent businesses will still be provided. ~^ ~ ~:'{. ' ~ .,a -' ~„~ i. t~ ,'- - „ r` ~ _.. ~ ~ . ,. - ~ -~ ~,r ~ ~;~a W i~il~a~~r ~~. ~ . ~v~ __.