CC Resolution No. 18-061 Denying an Appeal and Upholding the Planning Commission's March 27, 2018 Approval of an Architectural and Site Approval Permit for an Updated Gasoline Service Station, Convenience Market andRESOLUTION NO. 18-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S
MARCH 27, 2018 APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL
PERMIT FOR AN UPDATED GASOLINE SERVICE STATION, CONVENIENCE
MARKET AND ASSOCIATED SITE IMPROVEMENTS, INCLUDING PAVING
FOR OFF-STREET PARKING AND LANDSCAPING, LOCATED AT 10490 S DE
ANZA BL VD (APN 369-39-041)
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Appellants:
Location:
ASA-2017-04
Amir Khojasteh
Georgene Petri
10495 S De Anza Blvd
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an Architectural and Site Approval Permit (the "Permit") as described in Section I. of
this Resolution as well as for a Development Permit and a Use Permit (collectively, the
"Project"); and
WHEREAS, the Project is determined to be exempt from the California Environmental
Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City Council, and the Planning Commission held at least one public
hearing in regard to the Projectpplication; and
WHEREAS, the Planning Commission, after considering all the evidence in the record,
including public testimony, was able to make the necessary findings to approve the
Project, and therefore approved the Project at its March 27, 2018 meeting; and
WHEREAS, the City Council of the City of Cupertino received an appeal of the Planning
Commission's approval of the Project; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council has held at least one public
hearing in regard to the appeal; and
Resolution No. 18-061
Page2 ASA-2017-04
WHEREAS, the City Council can make the findings required to issue the Permit pursuant
to section 19.168 of the Municipal Code and therefore desires to deny the appeals;
andWHEREAS, the City Council finds as follows with regard to this application:
1. The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety, general welfare, or convenience;
The proposed development is an update of an existing gasoline station with an increase of
the net square footage by 1,198 square feet to accommodate for a convenience market and
the relocation of the existing four fuel dispensers. The Project is consistent with the City's
zoning ordinance, and the redevelopment and expansion of uses to accommodate for the
convenience market will enhance the commercial activity along South De Anza Blvd by
providing additional commercial square footage, improving sidewalks and driveways,
contributing land through a dedication to support the De Anza Blvd/McClellan/Pacifica
Signal Modification Project, and provide landscaping and tree canopy coverage in the newly
striped parking lot and along the South De Anza Blvd frontage. A condition of the Use
Permit for the Project, which is incorporated into the conditions for this Permit as set forth
in Condition of Approval #4 below, requires installation of security cameras and cooperation
with the City and law enforcement. The Project is adjacent to other commercial uses, and
the nearest residential uses are approximately 300 feet away . Therefore, the Project will not
be detrimental or injurious to property or improvements in the vicinity.
2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan,
any specific plan, zoning ordinances, applicable planned development permit,
conditional use permits, variances, subdivision maps or other entitlements to use
which regulate the subject property including, but not limited to, adherence to the
following specific criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
The proposed convenience market building is in compliance with the primary building 1:1
slope line requirement listed in the General Plan: Community Vision 2015-2040, and the
35joot setback in the South De Anza Conceptual Plan . Additionally, the surrounding
commercial uses are also one-story commercial buidlings, therefore the height and bulk of
the propos ed building is compatible · with the existing and future character of the
architecture along the South De Anza corridor.
b) In order to preserve design harmony between new and existing building and in
order to preserve and enhance property values, the materials, textures and colors
of new building should harmonize with adjacent development by being consistent
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or compatible with design and color schemes with the future character of the
neighborhoods and purposes of the zone in which they are situated. The location,
height and materials of walls, fencing, hedges and screen planting should
harmonize with adjacent development. Unsightly storage areas, utility
installations and unsightly elements of parking lots should be concealed. The
planting of ground cover or various types of pavements should be used to prevent
dust and erosion, and the unnecessary destruction of existing healthy trees should
be avoided. Lighting for development should be adequate to meet safety
requirements as specified by the engineering and building departments, and
provide shielding to prevent spill-over light to adjoining property owners.
The proposed building's mass and bulk is consistent with the surrounding developments
and proposes a contemporary streamlined architectural style that is consistent with the
future character of the South De Anza Special Area as an active and vibrant commercial
corridor that supports nearby residential uses. The height of the building is aligned with the
existing structures and is within the one to two story height limitations as listed in th e
South De Anza Conceptual Plan. Additionally, a portion of the existing fencing along the
eastern property line will be removed to improve visibility of the adjacent property, deter
loitering, and enhance the pedestrian experience from Pacifica Drive to the proposed
building. Furthermore, the Project also includes a newly constructed trash enclosure which
will conceal the trash receptacles on-site. The trash enclosure is visually integrated with the
proposed building through the use of similar materials and colors and the physical
connection of the roofing of the trash enclosure and the awnings of the building.
Final lighting for the Project will be reviewed and approved by the City with the
construction documents to meet safety requirements while preventing spill-over light to
adjacent properties.
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures have been designed to minimize traffic hazard,
positively affect the general appearance of the neighborhood and harmonize with
adjacent development.
Signage approval is not included in this Project.
d) With respect to new projects within existing residential neighborhoods, new
development should be designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and
other appropriate design measures.
The Project is along a commercial corridor with frontage on South De Anza Blvd, adjacent
to commercial and commercial offic e uses, and located more than 300 feet away from
Resoluti on No . 18-061
Page4 ASA-2017-04
resid ential neighborhoods, therefore residents are protected from adverse impacts of the
redevelopment of an existing gasoline service station.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and
other evidence submitted in this matter, subject to the conditions which are enumerated in
this Resolution beginning on PAGE 4 thereof,:
The Project is found to be exempt from the California Environmental Quality Act pursuant
to CEQA Guidelines section 15303. The appeal of the application for a Architectural and
Site Approval, Application no. ASA-2017-04 is hereby denied, and the Planning
Commission's March 27, 2018 approval is hereby upheld. The conclusions upon which the
findings and conditions specified in this resolution are based and contained in the Public
Hearing record concerning Application nos. ASA-2017-04, DP-2017-02, and U-2017-03 as
set forth in the Minutes of Planning Commission Meeting of March 27, 2018 and City
Council Meeting of June 5, 2018, and are incorporated by reference as though fully set forth
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by AGP Design Group entitled "76 Gas
Stations 10490 S. De Anza Blvd." consisting of twenty-six (26) sheets labeled as A .0-0
-A.11.0, L.1.0 -L.2.0, T.O, C.1 -C.6, and PH.O -PH.4 except as may be amended by
conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
4. CONCURRENT APPROVAL CONDITIONS
Reso lution No. 18-061
Page 5 ASA-2017-04
The conditions of approval contained in file nos. DP-2017-02 and U-2017-03 shall be
applicable to this approval.
5. DRIVEWAY CONSOLIDATION
Prior to building permit issuance, the property owner will be required to provide
plans indicating the consolidation of the two driveways along Pacifica Drive to the
City's Public Works standards for commercial driveways.
6. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and approved
by the Director of Community Development prior to issuance of building permits to
ensure quality and consistency. Any exterior changes determined to be substantial
by the Director of Community Development shall either require a modification to this
permit or a new permit based on the extent of the change.
7. WINDOW DETAILS
The frontage windows shall be kept open and transparent to the greatest extent
possible. The final storefront design and window display shall be reviewed and
approved by the Director of Community Development prior to issuance of building
permits for tenant improvements. No changes shall be made to the transparency of
the windows without the express approval of the Director of Community
Development.
8. SITE LIGHTING
All lighting must conform to the standards in the Parking Regulations Ordinance, and
the final lighting plan (including a detailed photometric plan) shall be reviewed and
approved by the Director of Community Development prior to building permit
issuance. A report from a licensed lighting engineer may be required to confirm all
exterior lighting throughout the site complies with the City's Ordinance.
9. LIGHTING INTENSITY ADTUSTMENT
The City reserves the right to require the applicant to utilize dimming technology to
adjust the lighting intensity of all lighting fixtures when deemed necessary.
10. FENCING
The applicant will be required to remove all fencing along the eastern property line to
the satisfaction of the Director of Community Development prior to issuance of
building permits.
Re soluti on No. 18-061
Page 6
11. PROTECT AMENDMENTS
ASA-201 7-04
The Planning Commission shall review amendments to the project considered major
by the Director of Community Development.
12. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for projects with landscape area 500 square feet or more or elect to
submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for
projects with landscape area between 500 square feet and 2,500 square feet. The
Landscape Documentation Package or Prescriptive Compliance Application shall be
reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits, and additional requirements per
sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be
reviewed and approved prior to final inspections.
13. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC,
Chapter 14.15). A landscape installation audit shall be conducted by a certified
landscape professional after the landscaping and irrigation system have been
installed. The findings of the assessment shall be consolidated into a landscape
installation report.
The landscape installation report shall include, but is not limited to: inspection to
confirm that the landscaping and irrigation system are installed as specified in the
landscape and irrigation design plan, system tune-up, system test with distribution
uniformity, reporting overspray or run-off that causes overland flow, and preparation
of an irrigation schedule.
The landscape installation report shall include the following statement: "The
landscape and irrigation system have been installed as specified in the landscape and
irrigation design plan and complies with the criteria of the ordinance and the permit."
14. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be
established and submitted to the Director of Community Development or his/her
designee, either with the landscape application package, with the landscape
installation report, or any time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment
period and water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustment and repair of the irrigation system; aerating and de-
Resolution No. 18-061
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thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed
plants; weeding; pest control; and removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that
may be size-adjusted as appropriate for the stage of growth of the overall installation.
Failing plants shall either be replaced or be revived through appropriate adjustments
in water, nutrients, pest control or other factors as recommended by a landscaping
professional.
15. SCREENING
All mechanical and other equipment on the building or on the site shall be screened
so they are not visible from public street areas or adjoining developments. Screening
materials/colors shall match building features and materials. The height of the
screening shall be taller than the height of the mechanical equipment that it is
designed to screen. The location of equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to issuance
of building permits.
16. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment. Should above ground equipment be
permitted by the City, equipment and enclosures shall be screened with fencing and
landscaping such that said equipment is not visible from public street areas, as
determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
17. TREE REMOVAL PERMIT
The applicant understands that any existing trees on-site that are removed will require
a Tree Removal Permit. The proposal will be reviewed and the final species of
replacement trees shall be reviewed and approved by the City in consultation with
the City's Consulting Arborist prior to issuance of demolition permits.
18 . ARBORIST REVIEW
Prior to building permit issuance, the number, location and species of trees shall be
reviewed and approved by the City in consultation with the City's Consulting
Arborist.
Any replacement trees required by a Tree Removal Permit shall be planted prior to
building permit final. The Applicant shall provide the Department of Community
Development adequate documentation, including, but not limited to, photographs,
Resolution No. 18-061
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receipts or invoices, to verify that replacements have been planted. The City's
consulting arborist shall inspect the trees after planting and a report a scertaining the
good health of the trees mentioned above shall be provided prior to issuance of final
occupancy.
19. PROTECTED TREES
The applicant understands that the replacement trees may not be removed without a
Tree Removal Permit and that they shall be responsible for ensuring the proper
maintenance and care of the trees. The applicant shall also disclose the location and
species of all replacements trees on site upon sale of the property.
20. TREE REPLACEMENT
The applicant shall provide adequate tree replacements for trees proposed to be
removed in conjunction with the proposed project. The number, location and type of
trees shall be incorporated into the detailed landscape plan to be reviewed and
approved by the Director of Community Development.
21. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to
the City Sign Code.
22. LIGHTING
On-site lighting must be in conformance with Cupertino Municipal Code Chapter
19.60 and automatic teller machine lighting, specifically, shall meet minimum
standards required by the State of California Business and Professions Code.
23. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible, in accordance with the City's Recycling and Diversion of Construction and
Demolition Waste under Chapter 16.72 of the Cupertino Municipal Code. The
applicant shall provide evidence that materials were recycled prior to issuance of final
demolition permits.
24. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed Project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
25. INDEMNIFICATION
Resolution No . 18-061
Pa ge 9 ASA -2017-04
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents ( collectively,
the "indemnified parties") from and against any claim, action, or proceeding brought
by a third party against one or more of the indemnified parties or one or more of the
indemnified parties and the applicant to attack, set aside, or void this Resolution or
any permit or approval authorized hereby for the project, including (without
limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense
of the litigation. The applicant shall pay such attorneys' fees and costs within 30 days
following receipt of invoices from City. Such attorneys' fees and costs shall include
amounts paid to counsel not otherwise employed as City staff and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City.
26. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINSTERED BY THE PUBLIC WORKS DEPARTMENT
27. DEDICATION OF LAND
Prior to issuance of a building permit, the applicant shall provide the City, to the
satisfaction of the City Engineer, a dedication in fee of a strip of land along the north
and northwest portions of the property, to the line labeled "Property Line" as depicted
on sheet C-4 of the proposed plan set.. The applicant agrees to provide the City, prior
to issuance of a building permit, a temporary construction easement along the
property frontage to facilitate the construction of improvements to the intersection of
De Anza Boulevard and Pacifica A venue, and to conform the public right of way
improvements to surface facilities within the property. Modifications to onsite
facilities may be necessary to facilitate these improvements, and the owner shall agree
to provide the City access to private property and improvements to aid in this effort.
The temporary construction easement shall remain in effect until the intersection
improvements are completed and accepted by the City.
Resolution No. 18-0 61
Page 10 ASA-201 7-04
PASSED AND ADOPTED this 5th day of June, 2018, at the Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
Members of the City Council
AYES:
NOES:
Paul, Sinks, Chang, Vaidhyanathan
Scharf
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
~'4'Ji=
Grace Schmidt
City Clerk
~~~
( llircy Pa\:or
City of Cupertino