U-1990-15bCites of Cuperti»o
10300 Torre Avenue P.O. Box Sm
Cupertino,
CA 95014-3255 Cupertino, CA 95015.0580
Telephone: (4081 252.4505
FAX: (408) 252-0753
DEPARTMENT OF THE CITY CLERK
September 18, 1990
Mark Moore
Robert H. Ise & Associates
900 Larkspur Landing Circle, #125
Larkspur, California 94939
CITY COUNCIL ACTICN - APPLICATLCIN 15-U-90 AND 33-FA-90 - RD== FOR USE
PER1IIT TO RECONS`lI M AN EXISTING SERVICE S=ON WITH INCRFASE OF
BUILDING AREA FROM 1,300 SQ. FT. TO 1,950 SO. Fr.; LOCATED ON THE
NCFaHWM CIMMR OF DFAN'LA BOULEVARD AND BOLL114GE2 ROAD
At their regular meeting of September 17, 1990, the Cupertino City Council
approved your application per Planning Commission Resolution No 4288
amendeid with the following conditions:
'1�yM rry * �ra..l� Y4 r,� . �tiFEf! 7��y4�x :1:_ !e! i1:t__ � •4L�. n71• . •41 IV 7.i
1. STRM NPS
Street widening and dedication, if any, shall be provided as required
by the City Engineer.
2. CURB AND GUT=
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
The sidewalk shall be configured in accordance with the LaV Term
sidewalk Design appearincl on Figure 1 of the So. DeAnza Blvd.
3. ST M ISGHTING LNSTA11A=
street lighting shall be installed as required 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 maximum height permitted by the zone in which
the site is located.
4. =�iY'
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIQ45
Traffic control signs shall be placed at locations specified by the
City. i
6. STREI;P ZRgS
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 125.
ne final landscape plan shall indicate the revised location of the
existing street tree an the Southerly frontage.
7. GLAD
Grading shall be subject to approval by the City E]gineer in
accordance with the City's Grading Ordinance.
e. DRABUIGE
Drainage shall be provided to the satisfaction of the City E1xgineer.
9. MAINING KULS
If retaining walls are required along the east property line, any
existing retaining walls should be repaired by the developer.
Me developer shall coply with the requirone is of the Lhkderground
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 unzlergrounl utility
devices. The developer shall suk it detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City Engineer.
The project developer shall enter into an improvement agreement with
the City of Cupertino providing for payment of fees, including but not
limited to cheddnq and inspection fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of ca utructicn permits.
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 txom
public street areas.
SECFION IV CONDITIONS kaCyisr= BY M CCK4Ry D VE7OPb¢NP DEPP.
line recommendation of approval is based on Sheet 1 (02/08/90), Sheet 2
(02/08/90), Sheet as (0ay be
amended by the Conditions cm*AdneSheet d in
10
(02/OB/90), except
this Resolution.
In the event that the developer prcPertY owner shall desire to make
minor changes, alterations or amendment of the approved
development plan, a written request or revised development plan shall
be submitted to the Director of Planning anDeevel IIf the
Director makes a finding that the changes
P root and do not n of the project,
ult
in a material affect upon the appearance or
said changes may be Mind on the revised Plan. If approval of
said changes is withheld, the applicant may appeal to the Planning
commission.
If said changes are approved by the Planning Ccmm►ission, an appeal may
be made to the City Council by any interested party. Further, any
Member of the City Council may request a hearing before the City
Council said approved d anger. Said request shall be made
within ten ((1i10days from the date of approval of said changes by the
Planning ccemissicn.
Ths developer shall provide thirteen (13) parking spaces on site,
complying with City dimensional standards, and one space shall be
sized and designated for handicapped persons' use.
All vehicles parked on site, except those undergoing active refueling
at the pump island, and vehicles completing short -duration delivery of
products and supplies, shall be placed within striped, on -site parking
spaces.
The subject Use Permit authorizes construction and operation of an
automotive fuel and minor repair station, with a service building not
exceeding 1,g00 s.f. in floor area.
Fuellrg and sale of automotive products such as oil, fluids in
appropriate containers and small parts may be conducted on a 24 hour
basis. Use of the repair bays, whether for service to the public or
for personal use by employees, shall not occur between the haul of
11:00 PM and 7:00 AM, inclusive.
Exterior display of merchandise shall be limited to a small rack of
oils and similar products on the pump islands and adjoining the
cashier's booth. Display of merchandise, and placement of vending
machines for dispensing of beverages or similar products is limited to
the area inside the surface building only.
a„rcoctive repair shall be limited to those activities defined as
"minor, in Section 4.1 of Ordinance 1344.
Prior to issuance of building permits, the developer shall obtain
approval from the City of a security plan to reduce potential for
theft and robbery. Said plan shall be evaluated in cocperatian with
the Crime prevention Unit of the Sheriff's Department, and shall
consist of the following elements:
1) Require exact change or credit sales after 11:00 p.m.
2) Institute a prepayment system for gasoline sales after 11:00 p.m.
3) Avoid securing window areas with signs, merchandise, or tinted
glass so as to preclude visibility of the cashier from passing
police vehicles.
4) Installation of bullet resistant glazing.
5) Inclusion of an interior restrvw.
6) Inclusion of an emergency shutoff switch.
7) Provision of an internal floor safe.
8) Inclusion of a telephone.
The developer is also urged to install video surveillance cameras
within the pump island area, especially in the cashier's booth
vicinity, and to include a floor mounted push button alarm system
linked to a contract alarm monitoring many.
Prior to issuance of building permits, the developer shall obtain ASAc
approval of a final definitive architecture, landscapinVirrigaticn,
and lighting plan. The irrigation plan shall be certified as
complying with the city's x eriscape program. The lighting plan shall
provide adequate security lighting and control offsits glare. the
architectural plan shall include materials for the trash enclosure and
gate.
ASAC should evaluate the site landscaping and building architecture
relative to the prgrosed Taw Bell restaurant project at the northeast
corner of DeAnza Boulevard and Bollinger. The intent is to ensure
harmony between the two projects, both of which will form a gateway
into the city. The architecture of the service station should be bold
and unique, not a "standard" design solution.
ASAC has the authority to approve minor site changes to create
additional landscaping depth in the corner landscaping bed. The ASAC
decision shall be approved by City Council.
19. SIGN PdY�GRAM
The developer shall obtain ASAC approval of a sign program. Sign
information indicated on the approved exhibits is not approved.
Prior to issuance of building permits to construct the igrovements
authorized under this Use Permit, the developer shall obtain a final
letter of closure E the Santa Clara Valley Water District, and
other agencies with jurisdiction, certifying adequate remediatien of
existing soils contamination conditions.
The developer shall also be responsible to obtain all necessary
permits to relocate the waste oil tank as indicated on Sheet 1 of the
approved exhibits.
Prior to issuance of building permits, the developer shall obtain City
approval of an appropriate easement allowing for placement of a public
sidewalk on private property.
The applicant shall record an appropriate deed restriction and
covenant running with the land subject to approval of the City
Attorney, which shall provide for reciprocal,
easements to and from the adjoining site to the west. said egress
shall be recorded prior to beginning construction of the entitlements
granted under this use permit.
The applicant shall erect an "Entrance to the City of Cupertino" sign
similar to the sign required by the Taco Bell Restaurant project on
the opposite side of DeAnza Boulevard.
Please zv ew conditions carefully. If you have any questions Ong
the conditions of approval please contact the Department of C=nunity
Development staff members for clarificattim. Failure to inoom:pomte
conditions into yaw plan set will result in delays at the plan cricking
stage. if development conditions require tree pm:+esezvations, do not clear
the site until required tree protection devices are installed.
l ed,
The expiration data for the use permit is September 17, 1992 (Section 6.4
of Ordinance No. 652 as revised by ordinance No. 1136).
r
oc: Depaxtiaent Of Co mmmity Development
Deparbuent of Public works
Ronald E. Bock, Ewirm. Engr.
Unocal Carporaticn-Refining & Marketing Div.
P. O. Bcoc 53.55
2000 Cron Canyon Pl., Suits 400
San Pmm, CA 94583
15-U-90
CITY OF C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4288
OF THE PLANNING COMMISSION OF THE CITY OF CUPEra7M
RSO3-VRWING APPRDVAL OF A USE PERKIT TO REOONSIRUCT
A 1,900 SQ. FT. SEWICE STATION BU3IDI14G WITH REPAIR BAYS,
FUELIM CANOPY WITH CA- IIER'S BOOTH,
AND AUMORIZING 24 HR. OPERATION OF THE FUEfMNG AREA
LION I • FITIDING.S
tRFmFAs, the Planning Cmmnission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
FHUUAS, the applicant has met the burden of proof mired to support
said application; and
WHEREAS, the Planning Commission finds that the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and are not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is
to be located.
b) That the property involved is adequate in size and shape to
acoommdate the proposed use.
c) That the proposed use will not generate a level of traffic over and
above the 16 trip/acre PM peak has standard specified in the
Extraordinary Use Policy (Planning Commission Peso. 2996).
c
d) Mmt the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, TMZEFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
ocncesning Application 15-U-90 as set forth in the Minutes of the Planning
Commission Meeting of September 10, 1990, and are incorporated by
reference as though fully set forth herein.
Resolution No. (15-U-90) 09/10/90
Page -2-
Application No-(s) 15-U-90 and 33-FA-90
Applicant Robert H. Lee & Assoc.
property owner Union Oil of California
Location Northwest Corner S2f DeArza Blvd and
Bollinger Road
USE PERMSr to reconstruct an existing service station, with increase
of building area from 1,300 s.f. to 1,950 s.f_
a y�. •• . 21! • �• a 9>_�» � Oil �: _ • •� . 7•: U�414�
Street widening --and dedication, if any, shall be provided as required
by the City Engineer.
KNEUkii-i-Mi�L16 WIN
curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
The sidewalk shall be configured in ac=danoe with the Long Term
Sidewalk Design appearirg on Figure 1 of the So. De Anza Blvd.
Corx;eptual Plan, and shall include transitional section to adjoin the
existing sidewalks on the adjacent properties to the north and west,
the augment and materials of which sha11 be subject to the approval
of the City Engineer.
3. SIREET MGHiZN6 INSTAIdA?TION
a
Street lighting shall be installed as required 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 raxim= height permitted by the zone in which
the site is located.
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the
City.
Resolution No. (15-1-90) 09/10/90
Page -3-
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 125.
The final landscape plan shall indicate the revised location of the.
existing street tree on the Southerly frontage.
7. GRAD
Grading shall be subject to approval by the City Engineer in
accordance with the city's Lading Ordinance.
8. DRA�GE
Drainage shall be provided to the satisfaction of the City Engineer.
MEW
If retaimrg walls are required along the east property line, any
existing retaining walls should be repaired by the developer.
The developer shall ocuply 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 uxleYgro and 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.
11. ] fir AGE2EE2+fl:S7P
c
The project developer shall enter into an im�ent agreement with
the City of Cupertino providing for payment of fees, including but not
limited to checking and inspection fees, storm drain fees, park
dedication fees and fees for undergroxxing of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Electrical transformers, telephone vaults and similar above ground
equipment enclosures shall be screened with fencing and la Wiping
or located underground such that said equipment is not visible from
public street areas.
CITY ENGINEER'S cu-cru CATE OF
ACCEPTANCE OF ENGINEERING/SUR7ETING COMMONS
(Section 66474.10 CA. Gov't. Code)
I hereby certify that the engineering and surveying conditions specified
in Section III of this Resolution conform to generally accepted
engineering practices.
Travice Whitten, Asst. City Engr.
Resolution No. (15-U-90) 09/10/90
Page -4-
'1�MY • •• • y • • U�! �4?.?• 4+�. �•'u�ul 1��Yi► • 7�/71 M •yy1a • 7�
The recommendation of approval is based on Sheet 1 (02/08/90), Sheet 2
(05/30/90)0 Sheet 3(066/055//90) Sheet 4 (05/19/90), Sheet L-10
�
(02/08/90), except by the Conditions contained in
this Resolution.
in the event that the developer or property owner shall desire to make
any minor changes, alterations or amendment of the approved
development plan, a written request or revised development plan shall
be submitted to the Director of Planning and Development. if the
Director makes a finding that the changes are minor and do not result
in a material affect upon the appearance or function of the project,
said changes may be certified on the revised plan. If approval of
said changes is withheld, the applicant may appeal to the Planning
Commission.
If the Director finds that the requested changes are material, suds
changes shall be referred to the Planning Commission for approval. If
the changes are denied by the Planning Commission, the applicant may
appeal to the city Council as provided in city Ordinance No. 652.
if said changes are approved by the Planning camnission, an appeal may
be made to the City Council by any interested party. Further, any
member of the city council may request a hearing before the city
council regarding said approved changes. said request shall be made
within ten (10) days fray the date of approval of said changes by the
Planning Commission.
The developer shall provide thirteen (13) parking spaces on site,
flying with City dimensional standards, and one space shall be
sized and designated for handicapped persons' use.
All vehicles parked on site, except those unxlergoing active refueling
at the pump island, and vehicles completing short -duration delivery of
products and supplies, shall be placed within striped, on -site parking
spaces.
The subject Use Permit authorizes construction and operation of an
automotive fuel and minor repair station, with a service building not
exceeding 1,900 s.f. in floor area.
Fueling and sale of automotive products such as oil, fluids in
appropriate containers and small parts may be conducted on a 24 hour
basis. Use of the repair bays, whether for service to the public or
for personal use by employees, shall not occur between the hours of
11:00 PM and 7:00 AM, inclusive.
Resolution No. (15-U-90) 09/10/90
page -5-
16. (Cont'd.)
Exterior display of merchandise shall be limited to a small rack of
oils and similar products on the pump islands and adjoining the
cashier's booth. Display of merchandise, and placement of vending
machines for dispensing of beverages or similar p¢nducts is limited to
the area inside the surface building only.
Automotive repair shall be limited to those activities defined as
"minor" in Section 4.1 of Ordinance 1344.
�AWW
Prior to issuance of building permits, the developer shall obtain
approval from the City of a security plan to reduce potential for
theft and robbery. Said plan shall be evaluated in cooperation with
the crime Prevention Unit of the Sheriff's Dept., and shall consist of
the following elements:
1) ujxl,ire exact change for credit sales after 11:00 p.m.
2) Institute a prepayment system for gasoline sales after 11:00 p.m.
3) Avoid securing window areas with signs, merchandise, or tinted
glass so as to preclude visibility of the cashier fray passing
police vehicles.
4) Installation of bullet resistant glazing.
5) Inclusion of an interior restr'oom.
6) Inclusion of an emergerxy shut-off switch.
7) Provision of an internal floor safe.
8) Inclusion of a telephone.
Mie developer is also urged to install video surveillance cameras
within the pump island area, especially in the cashier's booth
vicinity, and to include a floor mounted push button alarm system
linked to a contract alarm monitoring company.
1 ' i��sl
Prior to issuance of building permits, the developer shall obtain ASAC
approval of a final definitive architecture, landscaping/irrigation,
and lighting plan. The irrigation plan shall be certified as
complying with the city's xeriscape program. The lighting plan shall
provide adequate security lighting and control offsite glare. The
architectural plan shall include materials for the trash enclosure and
gate.
ASAC should evaluate the site landscaping and building architecture
relative to the proposed Taw Bell Restaurant project at the northeast
corner of DeAnza Boulevard and Hollinger. The intent is to insure
harmony between the two projects, both of which will form a gateway
into the city. The architecture of the service station should be bold
and unique, not a "starxard" design solution.
ASAC has the authority to approve minor site charges to create
additional landscaping depth in the corner landscaping bed. The ASAC
decision shall be approved by City Council.
Resolution No. (15-U-90) 09/10/90
Page -6-
19. SIGN PROGRAM
The developer shall obtain ASAC approval of a sign program. Sign
information indicated on the approved exhibits is not approved.
Prior to issuance of building permits to construct the improvements
authorized under this Use Permit, the developer shall obtain a final
letter of closure from the Santa Clara Valley Water District, and
other agencies with jurisdiction, certifying adequate remediation of
existing soils contamination conditions.
The developer shall also be responsible to obtain all necessary
permits to relocate the waste oil tank as indicated an sheet 1 of the
approved oftibits.
u a r• Y• a ra
Prior to issuance of building permits, the developer shall obtain City
approval of an appropriate easement allowing for placement of a public
sidewalk on private property.
The applicant shall record an appropriate deed restriction and
covenant running with the lard subject to approval of the City
Attorney, which shall provide for reciprocal ingress and egress
easements to and from the adjoining site to the west. Said easements
shall be recorded prior to beginning construction of the entitlements
granted under this use permit.
PASSED AND ADOPTED this loth day of September, 1990 at a Regular Meeting
of the Planning Commission of the City of Cupertino by the following roll
call vote:
• a. 644141 •, a•.
ATTEST:
/s/Robert Cowan
Robert Cowan
Director of Community Development
peresos/rsol5u90
/s/John Glaud_y
John Claudy, Chairman
Cupertino Planning Commission
NOTED
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ON of Cupertino
10300 Forte Avenue P.O. Box 580
Cupertino, CA 95014.3255 Cupertino, CA 95015.0580
Telephone: (408) 252.4505
FAX: (400) 252-0753
COMMUNITY DEVELOPMENT
August 31, 1990
Robert H. Lee & Associates
Attn: Mark Moore
900 Larkspur Landing Circle, 1125
Larkspur, California 94939
Re: Application 15-U-90 - Robert H. Lee & Associates
The subject application appeared on the Architectural and Site Approval
CaTmlittee agenda for August 27, 1990. However, the Crnmittee took no
action on this matter due to lack of quorums. Accordingly, this item has
been continued to the next regular meeting of the CuBmittee on September
10, 1990.
Please plan to join us on that date at 7:30 PM in City Hall Conference
Rom A. If this date is inconvenient, please forward a written request for
postponement.
C�ryrY OF CUPFR,TIIM
Tharms Rob 31
Planner II
;I— /15u90