Reso 6251 U-2004-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6251
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT FOR AN AUTO SERVICE/AUTO
SALES BUSINESS AND RENOVATIONS TO AN EXISTING BUILDING AND
LANDSCAPING
SECTION I: PROTECT DESCRIPTION
Application No(s): U-2004-05
Applicant: Nick Gera
Location: 10550 S. De Anza Boulevard
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 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 of 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;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, 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
C1LL1d1ll:C Ul «�e enc�u5ure L� eiiminate anv run-on. 1ne rinal trasn enclosure nlan shall be
Resolution No. 6251 U-2004-OS May 24, 2004
Page 2
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No. U-2004-05,
as set forth in the Minutes of the Planning Commission Meeting of May 24, 2004, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled: "Nicholas Gera, 10550 De Anza Blvd.,
Cupertino, CA," dated April 05, 2004 and consisting of two sheets, except as may be
amended by the conditions contained in this approval.
2. 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.
3. UNDERGROUND TANK CLEAN UP
Prior to final occupancy approval, the applicant or property owner must show evidence
that the underground tank clean up has been completed to the satisfaction of the Santa
Clara Valley Water District and Santa Clara County Fire Department.
4. REVISED ARCHITECTURAL PLANS REQUIRED
The applicant shall provide revised drawings to show the roof canopy trimmed back
further to stay clear of the required 25'-0" driveway area. The final architectural
treatments and revised plans shall be reviewed and approved by the Planning Department
5. DRIVEWAY APPROACH
The driveway approach plan must be reviewed and approved by the Public Works
Department prior to issuance of any building permits.
6. TRASH ENCLOSURE
The trash enclosure shall be at least 8'-6" by 10'-0" and the interior clearance is
approximately 10 feet. Also there must be a small 2" high by 18"round curb at the
entrance of the enclosure to eliminate any run-on. The final trash enclosure plan shall be
Resolution No. 6251 U-2004-OS May 24, 2004
Page 3
reviewed and approved by the Public Works Department prior to issuance of any building
permits.
7. PARKING & VEHICLE DISPLAY
6 parking stalls along the easterly property line must be reserved for employee and
customer parking only. The rest of the stalls shall be available for vehicle display. The
applicant shall work with staff to provide two additional stalls for vehicle display
. purposes. Revised site plan shall be reviewed and approved by the Planning
Department prior to issuance of building permits. The number of vehicles displayed or
stored on site shall not exceed the number of available vehicle display parking stalls at
any given time.
PASSED AND ADOPTED this 24th day of May 2004, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and Chairperson
Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED: ,
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Steve Piase i T hi Saadati, Chairperson
Director of Community Development Cupertino Planning Commission
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