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Reso 40495-U-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 140. 4049 OF ME PIAt Nn4G CUO =SSION OF ME CITY OF CUPETMM REC"ENDING APPROVAL OF MODIFICATIONS TO A PREVIOUSLY APPROVM USE PERMIT FOR AN AUIl2OBILE DEAIE.RSMP SECTION I• FINDINGS WHEREAS, the Planning Co mnission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application.; and WHEREAS, the Planning Ccmmission 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 existing 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 aeecmmiodate the proposed use. c) That the proposed use will not 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, MEREFORE, 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 reoammended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 5-U-88 as set forth in the Minutes of the Planning Commission Meeting of April 25, 1988, and are incorporated by reference as though fully set forth herein. Resolution No. 4049 (5-U-88) 4/25/88 Page -2- SECTION II' DESCRIPTION OF PROJECT Application No(s) 5-U-88 and 11-EA-88* Applicant: WorthincLton Chevrolet Property Owner: Paul Weiss Location: North side of Stevens Creek Boulevard anaroxi- mately 200 ft east of Stellira Road Parcel Area (Acres) : 5.3 acres SECTION III• CONDITIONS AUUMSTERED BY THE PUBLIC WORKS DEPAKJt= 1. STREET II4PROVEDENIS & DEDICATION Street widening, iinprovements, and dedications shall be provided in accordance with City standards and specifications and as required by the City Engineer. 2. CURB. GVITER & SIDEMLK Curbs, gutters, sidewalks, and structures shall be installed to grades and be constructed in accordance with standards specified by the City Engineer. 3. LIGHTING Street lighting shall be installed and shall be as approved by the city Engineer. on -street lights shall be as required by the Architectural and Site Approval Comittee and ordinances and regulations of the City. All on and off -site lighting shall be designed to in no way interfere with adjacent areas and shall be no higher than the maximum height permitted by the zone in which the property is located. 4. FIRE HYIZf2ANi5 Fire hydrants shill be located as required by the City. 5. TRAFFIC CONTROL SIGNS Traffic control signs shall be placed at locations to be specified by the City. Street trees will be planted in the public right-of-way and shall be of a type approved by the City in accordance with applicable standards and ordinances. 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance No. 214(a). Resolution No. 4049 (5-U-88) 4/25/88 Page -3- 8. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. The developer shall be responsible for caPlying with the requirements of the Underground Utility Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall make the necessary arrangements with the utility catpanies involved for the installation of said facilities. The developer shall submit a detailed plan showing utility underground provisions. (This plan must have prior approval of the utility companies and the City Engineer.) The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 11. TRANSIT SHELTER LOCATION The developer shall provide a recorded easement allowing placement of the relocated transit shelter facility separately from the adjacent public sidewalk, as approved by the City Engineer. SECTION IV: CONDITIONS AII4aiISTERED BY THE PLANNING DEPARTMENT 12. APPROVED EXHIBTTS That the approval is based on Exhibits A, A-1, B, B-1, B-2 and C of Application 5-U-88 except as may be amended by additional conditions enumerated herein. 13. USE LIPIITATIONS The subject Use Permit authorizes expansion of an existing automobile dealership to en=g3ass the following activities: ACTIVITY FLOOR AREA LIMITATION 1) New/Used vehicle Sales, Leasing and Rental 22,700 sq. ft. 2) Mechanical Service 14,800 sq. ft. 3) Body Repair/Faint Shop 9,400 sq. ft. 4) Storage Garage 76,900 sq. ft. The preceding Table includes all existing developed floor space within the complex, and all improvements/additions described under "Phase I" and "Phase II" in Condition 15 of this Resolution. Resolution No. 4049 (5-U-88) 4/25/88 Page -4- Test driving and the testing of service vehicles is prohibited on residential streets. Authorized vehicle repair activities include both minor and major automotive repairs. The servicing of vehicles outside the service stalls or body shop is prohibited. 14. HOURS OF OPERATION Hours of operation for the dealership facility shall be limited in accordance with the terms of the General Commercial Zoning Ordinance. No late evening activities, as described in Section 4.5 of Ordinance 1344, are authorized under this Use Permit, except that one evening a month shall be designated as "Tech Night" to allow employees to work on their own or optional car until 9:00 p.m. (No "polish and ready" shall be done). in addition, operation of the mechanical service and body shop areas shall be limited to the hours of 7:00 am to 7:00 p.m. weekdays. 15. PHASING The following improvements/additions indicated on Exhibit A shall constitute Phase I of the approved Use Permit: Outdoor display areas on the Stevens Creek and Stalling frontages; polish and "Get Ready" canopy; Phase I Stalling Road closing offices and landscaping improvements. Phase II improvements include the showroom near the east property line; additions to the main shcwroaq/offices; the service customer dropoff canopy; Phase II Stalling Road closing offices; new servioe stalls and the multilevel storage garage. With the exception of the storage garage, Phase II improvements are approved in concept only and are subject to future architectural review by the Architectural Committee, Planning Ommiissiom and City Council. The services stalls shall incorporate design features, such as a solid north wall, to minimize noise impacts on nearby residents. 16. ARCFIITECIUR AND SITE APPROVAL 0241PPPEE REVIEW Prior to issuance of building permits, the applicant shall submit a definitive landscaping/irrigation plan for informal review and approval by the Architectural. and Site Approval Committee. Display area paving on Stalling Road and Stevens Creek Boulevard shall consist of stamped concrete. The definitive landscape plan shall demonstrate oamgPliance with the minim= 15 foot landscape setback standard measured from curb line, as required by the Stevens Creek Boulevard conceptual Zoning Plan. The landscaping along Stevens Creek Boulevard shall be maximized and the sideyralk minimized to the extent feasible. The landscape plan shall also indicate plants selected for the planters an the roof of the parking garage. Resolution No. 4049 (5-U-68) 4/25/88 Page -5- 17. FARKL1dG the applicant shall provide 15 customer and 60 employee parking spaces in conjunction with Phase I improvements. 40 additional employee parking spaces shall be provided in conjunction with Phase II. These parking requirements are based on the asstnipticn that approximately half the employees drive fleet vehicles. Spaces shall be located as described in Exhibit A. The Planning Commission reserves the option to require additional parking spaces in the future should it be deemed necessary. All employee and custaTex parking spaces shall comply with City standard dimensional specifications. 18. NOISE STUC7Y The applicant shall provide a noise study for Planning Cormnissicnes review at such time as the Camuissien finds such a study necessary or prior to issuance of Phase II building permits, whichever occurs first. The study shall include an assessment of the noise impacts on Alves Drive residents of the burglar alarm, public address system, vehicle repair activities, and roof equipment and identify possible mitigation measures. The applicant shall comply with those measures determined necessary by the Planning Commission. In no case shall the public address system or the intrusion alarm system be audible beyond the property line. All other noise shall be regulated by the City-s Noise ordinance. If noise fran the roof equipment becomes a problem the equipment shall be screened. "Polish and get ready" activities are limited to hand polishing only. Power equipment is not permitted. Concurrently with review of building permits, the applicant shall demonstrate compliance with fire safety equipment requirements as specified by the City. 20. TRANS Electrical transformers, telephone vaults and similar above ground enclosures shall be screened with fencing and landscaping or locat�underground such that said equipment is not visible fran public street areas. 21. SIGN PROGRAM Sign program information appearing on Exhibits A, A-1, B-2 and C are not approved. 22. VEHICLE DISPLAY PIMRICPIONS All vehicles displayed for sale and visible to any public street shall be placed with all tires in contact with ground. Use of two elevating racks (one car, one truck) shall be allowed for display of undercarriage. Resolution No. 4049 (5-U-88) 4/25/88 Page -6- The total number of vehicles displayed in the new car outdoor display space facing Stevens Creek Boulevard and the new display space facing Stelling Road shall not exceed the number of vehicles indicated by conceptual symbols on Exhibit A. Use of bollards for outdoor display area security is prohibited. All existing bollards on the site shall be removed concurrently with implementation of this Use Permit. Alternative security measures shall be provided, subject to staff approval, along the Stevens Creek Boulevard frontage of the used car lot. These measures may include a high curb at the rear of the landscape planter. •,�• � �� a• is The developer shall present a solution for screening of roof mounted mechanical equipment to the Architectural and Site Approval committee prior to issuance of building permits. 24. OONSOLIDATE PARCIIS The applicant shall consolidate all existing parcels into a single lot prior to issuance of building permits for Phase II improvements. 25. LIGHrngG OONTROLS Prior to issuance of building permits, the applicant shall submit a lighting plan concerning existing and proposed area lighting and security fixtures for informal Architectural Committee Review. The lighting plan shall describe the fixtures by type of illumination device, and shall contain specifications for shielding devices to be fitted as necessary to preclude off -site light intrusion impacts to nearby residential properties. Lights shall be shielded so there is no view of the source and the illumination shall be contained within the property. 26. SERVICE EXIT Circulation in the vicinity of the customer drop-off canopy shall be modified to permit customers to exit directly onto Stevens Creek Boulevard, subject to staff approval. Compliance with this condition may necessitate moving the canopy approximately 10 ft. east and/or eliminating obstructions, such as curbs, in the westernmst portion of the canopy. 27. DEMOISTION The structure in the northeast corner of the property identified for removal in Exhibit A shall be removed in conjunction with Phase I. 28. MASCNRY FIALL The masonry wall debris along the north property line shall be removed and the existing gall repaired as necessary.