Reso 3009APPLICATION 1-U-87
CITY OF CUPERTINO
10430 S. DE ANZA BOULEVARD
CZJP MMM, CALIFORNIA 95014
RESOLUTION NO. 3009
OF THE PLANNING O3V1ISSION OF THE CITY OF CUPERMIO
REOCZII MING DENIAL OF A USE PERMIT TO RENOvATE
AN E LMM4G 32,600 SQ. FT. AUMVBIIE CEhUTZHIp,
INCLUDING THE FOLIMING ADDITICRS: 77,000 SQ. FT.
SI RtAGE GARAGE; 7,300 SQ. FT. SHUAROCWOFFICE SPACE;
7,000 SQ. FT. VEHICLE REPAIR AREA; AND NEW VEHICLE
DISPLAY AREAS.
SECTION I: FINDINGS
WHEREAS, the Planning c mnission of the City of Cupertino has received an
application for a Use Permit, as described above and on Page 2 of this
Resolution; and
WHEREAS, the applicant has failed to meet the burden of proof required to
support said application; and
WHEREAS, the Planning camnission finds the application does not meet the
required finding that the proposed uses are not detrimental to the health,
safety, peaoe, morals and general welfare of persons residing in the
neighborhood of such proposed uses, nor injurious to property and
inprovements in the neighborhood of the site affected by the application;
and
WHEREAS, the applicant has not provided solutions for mitigating noise
iqmcts and has indicated an unwillingness to conduct a noise analysis
prior to the granting of a use permit; and
WHEREAS, the applicant has not provided solutions for mitigating off -site
lighting impacts and has indicated an unwillingness to provide a lighting
study prior to the granting of a use permit; and
WHEREAS, the proposal will create traffic impacts which have not been
adequately mitigated; and
WHEREAS, the proposed landscaping is inadequate, particularly along the
north property line;
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 denial to the City Council of the City of
Cupertino; and
RESOLUTION NO. 3009 (1-U-87) 3/25/87
PAGE 2
411 BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this
Resolution are based are contained in the Public Hearing record concerning
Application 1-U-87 as set forth in the Minutes of the Planning Commission
Meetings of March 9, 1987, March 23, 1987, and are incorporated by
reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s) 1 U-87 and 1-EA-87
Applicant: Key Chevrolet
Property Owner: Paul Weiss
Location: North side of Stevens Creek Boulevard,
approximately 200 ft. east of Stelling
Road
PASSED AND ADOPTED this 23rd day of March, 1987, at a Regular Meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: COMNIISSIONERS: Adams, Sorensen, Szabo, and Chairman Mackenzie
NAYS: COMMISSIONERS: None
ABSTAIN: COMMIISSIONERS: None
ABSENT: COMMISSIONERS: Claudy
ATTEST: APPROVED:
2_\
Robert Cowan Dor d Mackenzi Chairman
Director of Planning Planning Commission
RES1U87(S1)
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