U-2017-03 Res.docx
U-2017-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6853
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR A CONVENIENCE MARKET
(2,419 SQ. FT.) IN CONJUNCTION WITH UPDATES TO AN EXISTING
GASOLINE SERVICE STATION, CONCURRENT SALE OF ALCOHOLIC
BEVERAGES AND GASOLINE, AND 24-HOUR OPERATIONS AT
10490 S DE ANZA BLVD (APN 369-39-041)
SECTION I: PROJECT DESCRIPTION
Application No.: U-2017-03
Applicant: Amir Khojasteh
Location: 10495 S De Anza Blvd
SECTION II: FINDINGS FOR USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, the project complies with the restrictions for concurrent sales of alcoholic
beverages and gasoline as required in Cupertino Municipal Code Chapter 19.132.060;
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1. The proposed 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;
Resolution No. 6853 U-2017-03 March 27, 2018
Page 2
The proposal is an update of an existing gasoline station with an increase of the net square
footage (1,198 square feet) to accommodate for a convenience market and the relocation of the
existing four fuel dispensers. The redevelopment and expansion of uses to accommodate for the
convenience market will enhance the commercial activity along S. De Anza Blvd by providing
additional commercial square footage, improving sidewalks and driveways, contributing land
through a dedication to support the De Anza Blvd/McClellan/Pacifica Signal Modification
Project, and provide landscaping and tree canopy coverage in the newly striped parking lot and
along the S. De Anza Blvd frontage. Therefore, the proposal will not be detrimental or injurious
to property or improvements in the vicinity.
2. The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
The gasoline service station and convenience market use comply with the Cupertino General
Plan and Municipal Code requirements, including but not limited to, parking regulations, and
security measures. The conditions of approval ensure that the use is conducted in a manner that
is consistent with the Cupertino General Plan and Municipal Code requirements as mandated
in Chapter 10.48: Community Noise Control.
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 3 thereof,:
The application for a Use Permit, Application no. U-2017- is hereby approved and that the
subconclusions upon which the findings and conditions specified in this resolution are
based and contained in the Public Hearing record concerning Application no. U-2017-03
as set forth in the Minutes of Planning Commission Meeting of March 27, 2018 and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by AGP Design Group entitled “76 Gas
Stations 10490 S. De Anza Blvd.” consisting of twenty-six (26) sheets labeled as A.0-0
– A.11.0, L.1.0 – L.2.0, T.0, C.1 – C.6, and PH.0 – PH.4 except as may be amended by
conditions in this resolution.
Resolution No. 6853 U-2017-03 March 27, 2018
Page 3
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2017-02 and ASA-2017-04 shall
be applicable to this approval.
5. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from shall remain in effect unless superseded by
or in conflict with subsequent conditions of approval, including the conditions
contained herein in this resolution.
6. CONVENIENCE MARKET
A convenience market is approved at this site in conformance with the conditions of
approval contained in this resolution and as specified in the Cupertino Municipal
Code.
7. HOURS OF OPERATION
The convenience market and gasoline service station is approved for 24 hours per day
operation, 7 days per week.
8. CONCURRENT SALE OF GASOLINE AND ALCOHOLIC BEVERAGES
The applicant is permitted to concurrently sell beer and wine and gasoline in
accordance with the City’s Municipal Code requirements for concurrent sales of
gasoline and alcohol.
9. ABC APPROVAL
The applicant shall obtain all licenses/approvals as required by the State of California
Department of Alcohol and Beverage control prior to sales of alcoholic beverages.
10. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan
shall specify locations of trash facilities, refuse pick up schedules and truck delivery
Resolution No. 6853 U-2017-03 March 27, 2018
Page 4
schedules and routes. All trash facilities must be screened and enclosed to the
satisfaction of the Public Works Department. The final plan shall be submitted to the
City for review and approval prior to issuance of building permits.
11. MODIFICATION OF OPERATIONS
Changes to the operations determined to be minor shall be reviewed and approved
by the Director of Community Development. Further, the Director of Community
Development is empowered to make adjustments to the operation of the tennis courts
to address any documented problem or nuisance situation that may occur.
12. REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case
where, in the judgment of the Director, substantial evidence indicates that the
conditions of the conditional use permit have not been implemented, or where the
permit is being conducted in a manner detrimental to the public health, safety, and
welfare, in accord with the requirements of the municipal code.
13. ON-SITE SURVEILLANCE
The property owner shall provide plans indicating the location of high resolution
video surveillance cameras in strategic locations to cover the entire site prior to the
issuance of building permits. Additionally, the property owner shall provide
documentation of the installation and proper operation of of the surveillance cameras
prior to final occupancy.
14. LAW ENFORCEMENT SUPPORT
The property owner shall address security concerns in the event that they arise to the
satisfaction of the City. The City reserves the right to require additional security
patrols and/or other measures as prescribed by the Sheriff’s Office or Code
Enforcement for reimbursement by the operator.
15. COVENANT DISCLOSURE
The property is under a Cupertino planned development zoning and property
purchasers should check with the City to determine the specific restrictions under the
Planned Development Zone and related permits.
16. 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.
Resolution No. 6853 U-2017-03 March 27, 2018
Page 5
17. EXPIRATION
If the use for which this conditional use permit is granted and utilized has ceased or
has been suspended for one year or more, this permit shall be deemed expired and a
new use permit application must be applied for and obtained.
18. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents (collectively,
the “indemnified parties”) from and against any claim, action, or proceeding brought
by a third party against one or more of the indemnified parties or one or more of the
indemnified parties and the applicant to attack, set aside, or void this Resolution or
any permit or approval authorized hereby for the project, including (without
limitation) reimbursing the City its actual attorneys’ fees and costs incurred in defense
of the litigation. The applicant shall pay such attorneys’ fees and costs within 30 days
following receipt of invoices from City. Such attorneys’ fees and costs shall include
amounts paid to counsel not otherwise employed as City staff and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City.
19. 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.
Resolution No. 6853 U-2017-03 March 27, 2018
Page 6
PASSED AND ADOPTED this 27th day of March, 2018, at the Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Paulsen, Sun, Fung, Liu
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Takahashi
ATTEST: APPROVED:
/s/Benjamin Fu /s/Geoff Paulsen
Benjamin Fu Geoff Paulsen
Assist. Dir. of Community Development Chair, Planning Commission