Reso 4455 21-U-89 (Modified)
CTTY OF CUPERTINO
10300 Torre Avenue
C�pertino, California 95014
` RESOLUTION NO. 4455
OF 'TI� PLANNING COMNIISSION OF 'Tf� CITY OF CUPERTINO
RECONIlViENDING APPROVAL OF A USE PERMIT MODIFICATION TO ALLOW
A RETAIL USE AND EXTEND DAYS OF OPERATION TO SATURDAY
SECTION I: FINDINGS
WI�REAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as
described on Page 1 of ttus Resolution; and
WHEREAS, the applicant has met the burden of proof required 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 Ciry of Cupertino,
and are not detrimental to existing uses or to uses spacifically permitted in the zone in
which the proposed use is to be located.
b) T'hat the property involved is adequate in size and shape to accommaiate the proposed
use.
c) That the proposed use will not generate a level of traffic over and above that of the
capacity of the e�cisting street system.
d) That 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, Tf�REFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits testimouy and other evidence submitted in this matter, the
application for Use Permit is hereby recommended for approval, svbject to the conditions which are enumerated in
this Resolution beginning on Page 2 thereof; and
T'hat the subconclusions upon which the findings and conditions specified in this Resoludon are based and contained
in the Public Hearing record concerning Application 21-U-89 (Modified) as set forth in the Minutes of the Planning
Commission Meedng of June 14, 1993, and are incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 21-U-89 (Modification)
Applicant: Clarke Rosa
Property Owner: Clarke Rosa
Location: 10270 Imperial Avenue
Resolution No. 4455 (21-U-89 (Modification) June 14, 1993
Page -2-
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� SECTION III: CONDITIONS ADMII�iISTERED BY TI� PUBLIC WORKS DEPARTMENT
� 1. UNDERGROUND UTII.ITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other
related Ordinances and reguladons of the City of Cupertino, and shall coordinate with affected utility providers
for installation of underground 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.
SECTION N: CONDITIONS ADMINISTERED BY TI� COMMU1vITY DEVELOPMENT DEPARTMENT
2. APPROVED EXHIBITS
' The recommendation of approval is based on Exhibit Bryan Architect & Associates Plan dated 5/29/93, Plan
Sheet No. Al, except as may be amended by the Conditions contained in this Resolution.
3. USE LIlvIITATION
The subject Use Permit authorizes an incidental retail use of no greater than 320 sq. ft. It shall be limited to the
retail sales of those products necessary for the repair/macluning being conducted on the site. All conditions of
City Council Action letter dated September 20, 1989 remain in full effect. The use is limited to one delivery
vehicle which must be parked in a designated parking space. No outdoor storage or display of retail items are
allowed outside of the building. The doors on the south side of the building shall remain closed at all dmes.
All deliveries shall be oonsistent with the C�pertino Municipal Code. This use permit shall be reviewed by the
Planning Commission within six months, from the date of this approval, to confirm that impacts related to the
parking deficit and retail uses aze not significant to adjoining residential properties. If significant parking
impacts aze occuring, the use permit shall be void and the retail use shall immediately cease.
4. HOURS OF OPERATION
Condidon No. 18, of City Council Action letter dated September 20, 1989, shall be amended as follows: Business
hours for the auto repair operadon and retail use shall be limited to 7:30 a.m. to 6:30 p.m., Monday through
Friday and 8:00 a.m. to 5:00 p.m., Saturday.
5. PARKING
This use permit acknowledges the parking deficit of two parking spaces. The minimum required on the site is
oudined in City Council Action Letter dated September 20, 1989 (21-U-89). If in the future the retail use
generates a parking demand that exoceds the existing parking amount and creates significant offsite impacts, the
Planning Commission has the right to review the Use Permit and re�valuate or revoke the Use Pernut granted
for retail sales.
5. TRASH ENCLOSURE
Condition No. 14 of City Council Action Letter dated September 20, 1989 regarding the trash enclosure shall be
constructed prior to initiation of any retail activity and construction must be completed within 45 days of this
approval. If this deadline is not met the property owners risk initiation of revocation proceedings on Use Pernut
21-U-89.
6. HANDICAP PARKIl�TG
The handicap parking space as required and approved under Use Pernut 21-U-89 shall be stripped and provided
prior to inidation of the retail activity and completed within 45 days. If this deadline is not met, the property
owners risk the initiation of revocadon proccedings on Use Permit 21-U-89.
Resolution No. 4455 (21-U-89 (Modified) June 14, 1993
Page -3-
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7. CENTRAL FIRE DISTRICT
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The 1989 requirements with regards to fire sprinkler in a building, hazardous materials handling plan and other
conditions is determined by the Central Fire District, shall be oompleted prior to inidation of the retail activity
and within 45 days of this approval.
8. SAIJITARY DISTRICT
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Complete the required upgrading and additional fees as outlined in the May 11, 1993 Cupertino Sanitary District
letter. This must be completed prior to initiation of the retail activities.
PASSED AND ADOPTED this 14th day of June, 1993 at a Regular Meeting of the Planning Commission of the City
► of Cupertino by the following roll call vote:
AYES: COT�IIvIISSIONERS: Roberts, Austin, Baudsta
NOES: CO1vIlVIISSIONERS: Doyle
I ABSTAIN: CONIIvIISSIONERS:
ABSENT: CONIIvIISSIONERS: Mahoney
ATTEST: APPROVED:
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Robert Cowan Donna Austin, Chairwoman
Director of Community Development Cupertino Planning Commission
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