Reso 4315 20 U 90
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RESOLZJI'ION No. 4315
OF 'IHE PIAlaTING oC�SSION OF Zi� CITY OF CUPII2'I'IlJO
R�O�VDING A�'P1�VAL OF A USE PEE�IIT TO C70NVF�I'
AN �STING GASOISNE STATION TO AN AiTPO REPAIl2 OPE�2ATION
AS 'IHE PRIlJCIPAL USE OF 'IHE SITE
SF7GTION I: FIl�iDINGS
Wf�2F'AS, the Planning C�rnnission of the City of Gtizpertino has reoeived an
application for a Use Permit, as described on Page 2 of this Resolution;
aryd
W23EREAS, the neoessary notices have been given in a000rdance with the
Prooedural Ordinanoe of the City of Cupertino, and the Planning Co�mnission
has held one or more Public Hearings on this matter; and
WI�F.AS, the applicant has met the burden of proof required to support
said application; and
Wf�RF.AS, the Planning Carnnission find.s that the application meets the
follawing requirements:
a) Zt�at the use or uses are in conformance with the General Plan of the
City of Cupertino, and are nat detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is
to be located.
b) 'Ihat the property involved is adeq�.iate in size ar�d shape to
a000a�unodate the proposed use .
c) That the proposed use will not generate a level of traffic over ar�d
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 propo�.�ed use.s, nor injurious to
property and i�rovements in the neighborhood.
NOW, ��ORE, BE IT RESOLUID:
That after careful c�onsideration of maps, facts, e�ibits, testimony and
other evidence sul�nitted in this matter, the application for Use Permit is
hereby r�ed for approval, subject to the conditions which are
enwmerated in this Resolution b�ginning on Page 2 thereof; and
That the subconclusions �on which the findings and c7onditions specified
in this Resolution are based and contained in the Public Hearing record
ooncerning Application 20-U-90 as set forth in the Minutes of the Planning
Coa�rnnission M,eeting of January 14, 1991, and are incorporated by reference
as tha�gh fully set forth herein.
Resolution No. 4315 (20-U-90) 01/14/91
Page - 2 -
SDCTION II: PR0�7DGT DESCRIPTION
Application No(s): 20-U-90 & 39-EA-90
Applicant: Carlos Corona
Praperty Owner: Ruth Swilich
I�ocation Northwest cornex Homestead Rd & De Anza Blvd
SFXTION III. C70NDITIONS ADNII�IISTERID BY 'I'HE OOI`M1ClNITY DEVELiOPN�I'I' DEPT.
1) P,PPROVID EXEIIBI'I'S
The recca�m�e.r�dation of approval is based on the t�o-sheet plan set
revision dated O1/07/91, exc�ept as may be ame.r�ded by the Conditions
contained in this Resolution. Color selection of blue or pastel green
made be made at the applicant's discretion, a000r�ding to the color
diagrams presented at the O1/14/91 hearirig.
2 ) USE RESTRICTION
The subject use permit authorizes operation of a minor automotive
repair facility as said use is defined in the G,eneral Coatn�nexcial
Zoning Ordinance. Said use shall be limited to the hours of 8:OOam to
7:OOp�n daily, and may include simultaneous operation of the existing
150 s. f. snac3c shop.
All repair work shall be oonducted within the service building; no
repair work, diagnostics, testing or replacement of parts may oocur
autside of the repair bays. Vehicles awaiting s�xvioe may be parked
on the site, but only within a striped, designated parking stall.
� No other uses or activities beyond those described in the preceding
paragrap�s of this Condition are authorized or allowed.
3) PARKING
'Itaelve (12 ) parkuig spaces striped to City Standard dimerLSions shall
be maintained, and shall be u.sed for e�loyee and custcaner parkirig,
and for storage of vehicles awaiting service.
Outdooe parking of vehicles on site duriizg non-business hours shall be
limited to those four (4) spaces closest to the northwest oorner of
the kuilding, as shcx�m on Sheet Lrl. Parking space.s shall not be
rented or subleased to individuals or other business entities for any
I� •
4 ) ASAC RE'VIE�nI
Prior to issuance of building permits, the developer shall obtain ASAC
approval of the trash enclosure and gate, the deoorative wall
adjoining the custcaner waiting area, and a definitive landscapirig/
irrigation plan which oo�lies with the City's Xeriscape program.
Resolution No. 4315 (20-U-90) O1/14/91
Page - 3 -
5) FiTI'IJRE �ANSION ARF�A
The area labeled "FLiture F�pansion" on sheet Irl is not appraved at
this tim�e.
6) FII�TCC� p,RF�F,
The area between the west side of the kuildir�g ar�d the adjoinir�g
property line shall be enclosed with permanent, ��od fencing as
approved by the ASAC. Said area shall not be used for service work on
vehicles, or for storage of vehicles, parts, materials or refuse.
7 ) SIGN P�tOGRAM
'The developer shall obtain ASAC approval of a sign program. Sign
information indicated on the approved ex�ibits is not appraved.
8 ) SOII.S CX�FI'ANIII�TION Q�AF2P,NCE
Prior to t of the approved use, the developer shall pravide
to the City a final letter of closure frcan the Santa Clara Valley
Water District, or other agerx.y(ies) with jurisdiction, certifying
adequate remediation of existing soils contamination conditions
resulting fran remdval of the underground fuel storage tanks.
9 ) PHA.SING
The driveway and sid�walk modifications indicated on 5heet Lr-1 shall
be ooaiq�leted within 90 days of the effective date of the subject Use
Permit entitlemeaZts . C�letion of lar�dscape arid building ix�rovements
per the appraved e�ibits stated in Condition 1 of this Resolution
shall oocur within one (1) year of the effective date of the subject
Use Permit.
PASSID AND ADOPTID this 14th day of January, 1991 at a Re�gular Nieeting of
the Planning C�tamission of the City of Cupertino by the follawing roll
call vate:
AYFS: �SSIONERS: Fazekas, Mann, Mackenzie, Chairman Claudy
NOFS: �Il�IISSIONIIZS: None
ABSTAIl�T: �SSIONII2S: None
ABSIIVT: CX�1�M2ISSIONERS: Adams
A'ITEST: APP�0�1ID:
(��� -�-( i� �
1 �� \-�l1�1/'�/�� �
��,� �n � ohn Claudy, Cl�a '
Director of Planning Cupertino P1 Ccannnission
peresos/20u90app