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HomeMy WebLinkAboutDIR-2024-006 - Action Letter1 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members Chairperson and Planning Commissioners From: Luke Connolly, Assistant Director of Community Development Prepared by: Julia Garofalo, Assistant Planner and Emi Sugiyama, Senior Planner Date: April 8, 2026 Subject: Director's Minor Modification to consider a modification to Use Permit U- 1990-17 to allow for the replacement of the previously approved car wash with addition of accessory equipment 11010 N De Anza Blvd, APN 309 42 041. Chapter 19.164 of the Cupertino Municipal Code (CMC) allows for administrative approval of minor changes in a project. The Director reports his decision to the City Council and Planning Commission in time to allow an appeal of the decision within 14 calendar days. BACKGROUND The subject property is located at 11010 De Anza Boulevard, within the Homestead Road special center area, at the intersection of N De Anza Boulevard and Homestead Road (Figure 1). The property is zoned P(CG) or Planned General Commercial. Development on the property is subject to the applicable standards of the City’s Municipal Code outlined in Chapter 19.60 for General Commercial zones, Chapter 19.80 for Planned Development Zones, and the conditions of Use Permit U-1990-17. The site currently operates as a gas station with a convenience store and drive-through carwash. This use was originally approved on March 18, 1991, through Use Permit U- E HOMESTEAD RD N D E A N Z A B L V D 2 1990-17. Since the Use Permit’s approval, modifications to the site have been approved through DIR-2007-09, DIR-2008-01, and DIR-2019-008 resulting in minor changes to the fuel canopy, signs, lighting, and architecture, as well as the installation of a vapor recovery system for an underground storage tank and the construction of an accessory storage structure. Through this DIR application, the applicant, Ducky’s USA, LLC, is proposing updates to the existing car wash facility including the installation of accessory equipment, for which a Director’s Minor Modification is required, in accordance with the requirements for modifications to a plan which has received site and design approval as outlined in Cupertino Municipal Code (“CMC”) Chapter 19.164. DISCUSSION The applicant’s proposal includes the following: • Replacement of: o Existing carwash equipment with new equipment; o Entry overhead height bar o Guard arm • Installation of: o New vacuums; o A license plate reader at the car wash entry; o New landscaping for equipment screening; and • Re-striping of existing parking stalls The new vacuums will be located along the eastern property boundary, within an existing four space parking area, as shown in Figure 2. Proposed changes to the existing landscaping include adding hedges adjacent to the vacuum area to provide screening of the equipment from the adjacent property owners to the east and south. The license plate reader would allow car wash users with a subscription automated access to the facility without an attendant being present. Compliance with City Standards The project is complaint with the applicable requirements of the City’s Municipal Code, including the parking requirements outlined in CMC Section 19.124 and U-1990-17. The applicant has proposed the use of four existing parking spaces to accommodate new vacuum equipment for the car wash. In order to retain the required number of parking Figure 2. Site Plan. Vacuums in blue. Landscaping in green. 3 spaces for all uses on site, these spaces must be maintained as shared spaces. Accordingly, a condition of approval has been added to ensure that signage clearly indicating that the parking spaces are to be shared by patrons of the convenience market, gas station, and car wash is provided. As noted above, new landscape hedges are proposed to screen views of the new vacuums from the property to the east and from Homestead Road. The hedges are expected to reach a mature height of 12 feet. As conditioned, the project is also required to ensure that landscaping is replaced or maintained in accordance with the landscaping plan approved through a modification to U-1990-17 in 1993. During the project’s review, staff identified a number of unpermitted signs that had been installed. The applicant has confirmed that all unpermitted signage will be removed from the site; no new building permits will be issued until the existing unpermitted signage is removed. The signage approved through this application complies with the City’s Sign Ordinance. Proposed signage is outlined on Sheet A0.2 of the approved plan set. The proposed shed shown on Sheet A0.1, as designed, would obstruct access to an adjacent required ADA parking spot. As such, the project has been conditioned to reorient or remove the proposed shed to avoid siting conflicts. The proposed modifications are generally consistent with the existing design of the site, and will not result in an increase in floor area of the existing uses. The modifications to the design and use are therefore considered minor in nature. ACTION The Director of Community Development deems the project categorically exempt from environmental review under CEQA Guidelines, Article 19, Section 15303: New Construction of Small Structures, and further deems the modification to be minor and approves the project subject to the following conditions of approval: 1. APPROVED EXHIBITS Approval is based on the plan set titled “Ducky’s Car Wash,” consisting of sheets “G1.0, A0.1, A0.2, CWA1.1, CWA2.1, CWA5.1,” except as may be amended by the conditions contained in this resolution. 2. ACCURACY OF THE PROJECT PLANS The applicant/property owner is responsible for verifying 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. 4 Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. MODIFICATIONS TO APPROVED PLANS Prior to submission of Building Permit applications, plan sheet A0.1 shall be updated to reorient, relocate, or remove the unapproved shed, keynote #23, to avoid obstruction of the required sidewalk and ADA parking spot and to meet the setback requirements of Chapter 19.100, Accessory Structures, of the Municipal Code. If the existing parking, sidewalk, or site configuration approved under Use Permit U- 1990-17 and Minor Modification permits DIR-2007-09, DIR-2008-01, and DIR-2019- 008—or under this permit—is modified to accommodate the proposed shed location, appropriate permits will be required to ensure that the changes are properly documented in compliance with the City’s Municipal Code. 4. PREVIOUS CONDITIONS OF APPROVAL All prior conditions of approval through past permits including, but not limited to, U-1990-17, DIR-2007-09, DIR-2008-01, and DIR-2019-008 shall remain in effect unless superseded by or in conflict with subsequent conditions of approval and as specifically amended by this Director’s Minor Modification approval. 5. APPROVED SIGNAGE Approved signage is limited to those signs that have been identified on approved plans for this minor modification. No additional signage is approved. Any new signage must be reviewed by City staff prior to installation to determine whether additional permits, including Sign Exception permits, are required. Existing unpermitted signage shall be removed prior to the issuance of any building permits related to the improvements approved through this entitlement. 6. SHARED PARKING REQUIREMENT The applicant shall, prior to Building Permit issuance, revise plans to clearly identify the four revised parking spaces as shared parking spaces available to convenience market and gas station patrons. The applicant shall provide signage or markings, to be reviewed by the Community Development Director prior to approval, prior to issuance of Building Permits, indicating that these spaces are not limited to use by car wash patrons. 7. FENCES No fencing has been approved as part of this permit. If installed, fencing must comply with the City’s Fence Ordinance and be installed with appropriate design review and permit approvals. 5 8. BUILDING PERMITS The applicant shall obtain the necessary building permits prior to commencement of work. 9. ANNOTATION OF THE CONDITIONS OF APPROVAL Prior to submission of Building Permit plans, the conditions of approval set forth shall be incorporated into and annotated to indicate manner of compliance on the building plan sheets. 10. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible for consulting other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate any approval by the Community Development Department. 11. LANDSCAPE PROJECT 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 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. Prior to issuance of a Building Permit and/or prior to installation of landscaping, whichever occurs first, the property owner/applicant shall be responsible for confirming that existing landscaping is consistent with that which was approved through Use Permit U-1990-17, unless otherwise specifically modified by this permit. Should landscaping required through U-1990-17 have been removed or revised, the applicant shall provide replacement landscaping prior to the issuance of any building permit for this project. New landscaping is proposed along the eastern boundary of the property to screen the new vacuum equipment from adjacent parcels. The landscaping is labeled as Keynote #18 on Sheet A0.1 and consists of thuja occidentalis hedges (“Smaragd”). Installation of all screening landscaping, and other landscaping to replace previously approved landscaping, will be required prior to the final Planning site inspection for the building permit. 6 12. 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 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. 13. DARK SKY COMPLIANCE Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with development standards of Cupertino Municipal Code Section 19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all documentation required to determine compliance with the Municipal Code. Additionally, the applicant shall ensure that light orientation, color temperature, and intensity are consistent with the approved plans. 14. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an 7 applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. The applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated. 15. FUGITIVE DUST CONTROL Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District’s Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction. 16. NOISE AND VIBRATION NOTICE At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall send notices of the planned activity by first class mail as follows: a. For projects on sites that are more than 0.5 acres or four or more residential units the notices shall be sent to off-site businesses and residents within 500 feet of the project site; b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units (not including Accessory Dwelling Units) notices shall be sent to off-site businesses and residents within 250 feet of the project site; or c. For projects on sites less than 0.25 acres or one residential unit, the notices shall be sent to off-site businesses and residents within 100 feet of the project site. The notification shall include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration. The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. The City will provide mailing addresses for the Applicant’s use. The project applicant shall provide the City with evidence of mailing of the notice, upon request. If pile driving, see additional noticing requirements below. 17. NOISE AND VIBRATION SIGNAGE At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall ensure that a sign measuring at least two feet by three feet shall be posted on construction fencing at the entrance(s) to the job site, clearly visible to the public, and include the following: 8 a. Permitted construction days and hours; b. A description of proposed construction activities; c. Telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint; and d. Contact information for City’s and contractor’s authorized representatives that are assigned to respond in the event of a complaint related to fugitive dust, pursuant to the requirements for compliance with BAAQMD’s CEQA Air Quality Guidelines. If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the complaint and the action taken to the City within three business days of receiving the complaint. 18. NOISE DURING CONSTRUCTION Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity: a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on-site Construction Manager. Noise reduction measures selected and implemented shall be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor(s), site terrain, and other features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits. b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase. c. Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes. 9 d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law. 19. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT Prior to issuance of the first building permit, the Applicant shall include a note on all plans where paint specifications or other design specifications are listed, that the project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or less) for interior and exterior wall architectural coatings. 20. AVOID NESTING BIRDS DURING CONSTRUCTION Prior to issuance of the any demolition, grading and building permit, indicate the following on all construction plans: a. Demolition, construction, ground-disturbing, and tree removal/pruning activities shall be scheduled to be completed prior to nesting season (February 1 through August 31), if feasible. b. If demolition, construction, ground-disturbing, or tree removal/pruning activities occur during the nesting season (February 1 and August 31), preconstruction surveys shall be conducted as follows: i. No more than 7 days prior to the start of demolition, construction, ground- disturbing, or tree removal/pruning activities, in order to identify any active nests with eggs or young birds on the site and surrounding area within 100 feet of construction or tree removal activities. ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground-disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction areas for active nests, while ensuring that they do not disturb the nests as follows: 1) For projects that require the demolition or construction one single-family residence, ground disturbing activities affecting areas of up to 500 square feet, or the removal of up to three trees, the property owner or a tree removal contractor, if necessary, is permitted to conduct the preconstruction surveys to identify if there are any active nests. If any active nests with eggs or young birds are identified, the project applicant shall retain a qualified ornithologist or biologist to identify protective measures. 10 2) For any other demolition, construction and ground disturbing activity or the removal of four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys. iii. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, ground- disturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds. iv. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. v. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her designee, through the appropriate permit review process (e.g., demolition, construction, tree removal, etc.), and be completed to the satisfaction of the Community Development Director prior to the start of demolition, construction, ground- disturbing, or tree removal/pruning activities. 21. STORMWATER RUNOFF CONTAMINATION Prior to issuance of any grading or building permits, the project applicant shall demonstrate compliance with Chapter 9.18 (Stormwater Pollution Prevention and 11 Watershed Protection) of the Cupertino Municipal Code, to the satisfaction of the City Engineer or his or her designee. All identified stormwater runoff control measures shall be included in the applicable construction documents. 22. TREE PROTECTION Per City Code Section 14.18.210, the applicant shall include the City’s standard tree protection measures, outlined in Appendix A of City Code Chapter 14.18, on plans. Please note that an ISA-certified arborist will be required to verify the health of the tree and that the tree protection measures are in place prior to construction. The arborist will also need to verify the health of the tree following construction. The applicant understands that no trees on-site may be removed without a Tree Removal Permit and that they, the applicant, shall be responsible for ensuring the proper maintenance and care of the trees. The applicant shall also disclose the location and species of all trees on site upon sale of the property. 23. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “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 related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel 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. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against 12 the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, notice of exemption, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 24. 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. Please note that if this permit is not vested within two years, it shall expire on April 8, 2028. Also, please note that an appeal of this decision can be made within fourteen (14) calendar days from the date of this decision (Wednesday, April 22, 2026 at 5:00 p.m.). If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. A copy of the appeal form is available online at: www.cupertino.org/planningforms. The completed appeal form and filing fee must be received by the deadline to appeal and may be submitted in one of the following ways: 1. Preferred: Bring a signed copy of the appeal form to the City Clerk’s office between 7:30AM – 5:00PM (M-Th) and 7:30AM – 4:30PM (F). 2. Other options: a. Mail the completed form and a check in the amount of $505 to Attn: City Clerk, City of Cupertino, 10300 Torre Avenue, CA 95014. 13 b. Email the completed form to cityclerk@cupertino.org and call (408) 777-3223 between 7:30AM – 5:30PM (M-Th) and 7:30AM – 4:30PM (F) to arrange for payment by credit card (fees apply). Please contact the City Clerk’s office for additional guidance and instructions on how to file.