Reso 4477 17-U-90 (Modified)
CITY OF CUPERTINO
' 10300 Tone Avenue
Cupertino, California 95014
RESOLUTION NO. 4477
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO MODIFY TI� SQUARE FOOTAGE
OF AN APPROVED SALES BUILDING, CAR WASH
AND CANOPY AND ADD ONE PARKING SPACE
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SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit,
as described on Page 1 of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
f 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 e�sting 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 accommodate the proposed use.
c) That the proposed use will generate a level of traffic over and above that of the capacity of the existing
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, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, e�ibits, testimony and other evidence submitted in this
matter, the application for Use Pernut is hereby recommended for approval, subject to the conditions which
are enumerated in this Resolution begmning 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 concerning Application 17-U-90 (Modified) as set forth in the
Minutes of the Planning Commission Meeting of October 11, 1993, and are incorporated by reference
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 17-U-90 (Modified)
Applicant: Robert H. Lee & Assoc.
Property Owner: Cupertino De Oro Club
Location: 11010 De Anza Boulevard
USE PERMIT to modify the square footage of an approved sales building, car wash and canopy and add
one parking space.
Resolution No. 4477 17-U-90 (Modified) October 11, 1993
Page-2-
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SECTION III: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
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1. APPROVED CONDITIONS
All Public Works conditions as outlined in the City Council Action letter of March 20, 1991, remain in
full effect.
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� CIT'Y ENGINEER'S CERTIFICATE OF
' ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
' I hereby certify that the engineering and surveying conditions specified in Section III of this Resolution
� conform to generally accepted engineering practices.
ert Visk Ci Engineer
SECTION N: CONDITIONS ADMINISTERED BY 'TI� COMMUNITY DEVELOPMENT DEPT.
2. APPROVED CONDITIONS
All Community Development Department conditions of March 20, 1991, remain in full effect unless
otherwise modified by the following conditions.
3. APPROVED EXIIIBITS
The recommendation of approval is based on Sheet 1 dated revised September 17, 1993, Sheet 1.1
dated revised September 17, 1993, Sheet 2 dated revised September 17, 1993, Sheet 3 dated revised
September 16, 1993, Sheet 4 dated September 17, 1993, and Sheet 5 dated September 18, 1993.
4. APPROVED USE
The subject use permit authorizes the construction and operation of a single-stall car wash, food
market, and fueling stations as depicted on the exhibits listed in Condition 3 above. Equipment
installed in the car wash structure shall replicate the sound generation characteristics described in the
Fitzroy/Dobbs study of O1/24/91 and 03/11/91.
5. SIGNAGE
The Chevron logo and text located on the spanner boxes are denied.
Resolution No. 4477 17-U-90 (Modified) October 1 l, 1993
Page-3-
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I 6. CITY COUNCIL ACTION
City Council action letter of March 20, 1991, Condition No. 17 (Landscaping/Tree Preservation) shall
be amended as follows:
Staff shall approve the final landscaping plan and tree preservation/replacement plan. The tree
` preservation plan should be certified by a qualified arborist and should be specific to the site.
Replacement of specimen trees removed should be made on a one-for-one basis with min. 36" box size
i California Native varieties.
' Condition No. 18 (Sign Program) is replaced with Condition No. 5 of this Resolution.
� PASSED AND ADOPTED this llth day of October, 1993, at a regular meeting of the Planning
, Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Bautista, Doyle, Mahoney, Roberts and Chairwoman Austin
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
, obert S. Cowan Donna Austin, Chairwoman
` Director of Community Development Cupertino Planning Commission
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