Loading...
Reso 412727 Um88 CITY OF CUPERTINO 10300 Torre Avenue. Cupertino, California 95014 RESOLUTION No. 4127 OF THE PLANNING COFMISSION OF THE CITY OF CUPERTINO RECOM-4ENDING APPROVAL OF A USE PER UT TO CONSTRUCT A 900 SQ. FT. SINGLE -STALL CAR WASH TO AN EXISTING SERVICE STATION. SECTION D FINDINGS WFEPY-AS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and W EMAS, the applicant has met the burden of proof required to support said application.- and WHMEAS, 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 existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the proposal is consistent with the Floor Area Ratio requirements of the General Plano This finding is based on a traffic study which demonstrates that 'the proposalwill: not generate traffic levels beyond that assumed in the General Plano c) That the property involved is adequate in size and shape to accommodate the proposed use. d) That the proposed use will not generate a level of traffic over and above that of the capacity of the, existing street system. e) 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. f) The project generates approximately 28 total one-way p.m. peak hour trip ends:, and is determined to be consistent with the intent of the City°s Extraordinary Use Policy as stated in Planning Commission Resolution No. 2996. RESOLUTION NO. 4127 (27 U-88) PAGE -2- NOW, TBEREFORE, BE IT RESOLVED: 12/12/88 That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recomended 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 and contained in the Public Hearing record. concerning Application 27 U-88 as set forth in the Minutes of the Planning Commission Meeting of December 12, 1988, and are incorporated by reference as though fully set forth herein. SECTION II: APPLICATION DESCRIPTION Application No Applicant: Property Owner: Location: Parcel Area : 1. STREET WIDENING 27 U-88 B and 35 EA 88 steiilnq' Road 05+ Acres Street widening, improvements and dedications shall be provided in accordance with city Standards and specifications and as required by the City Engineer. Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the city. Grading shall be as approved by the City Engineer in accordance with Ordinance 125. 5. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. RESOLUTION NO. 4127 (27 U-88) PAGE -3- 6 o UNDERGROiA TD UTILITIES 12/12/88 The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations 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, The Applicant shall be responsible for completing the site as shown on approved plot plan and shall be required to enter into a development agreement with the City of Cupertino providing for payment of necessary fees, including but not limited to checking and inspection fees, stone drain fee,, ard underground utility fee. Said agreement shall be executed prior to the issuance of a building permit. Electrical and telephone transformers; shall be screened: with fencing and landscaping, or undergrounded, such that they are not visible from public street areas. SECTION IV,. CONDITIONS ADY=STERED BY THE PLANNING DEPA FE NT The recommendation of approval is based on Exhibits A, B and C of Application 27 U 88 except as may be amended by the conditions contained herein. 10. MODIFICATION OF APPROy.ED DEVEi_oi:y T PLAN In the event that the applicant or subsequent property der shall desire to make any minor changes, alterations or amendment of the approved development -plan, a written request or revised development plan shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes are mirror and do not result in a material affect upon the appearance or function of the project, said changes may be certified on the revised plan. If approval of said changes is withheld, the applicant may appeal to the Planning Commission. If the Director finds that the requested changes are material, such changes shall be referred to the Planning Commission for approval. If the changes are denied by the Planning Commission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. RESOLUTION NO. 4127 (27 U-88) PAGE -4- 12/12/88 If said changes are approved by the Planning Commission, an appeal may be made to the City Council by any .interested party. Further, any Member of the City Council may request a hearing before the City Council regarding said approved changes. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Commission. 11. PREVIOUS USE PENS All existing uses on the site may remain in operation in accordance with the terns of Planning Commission Resolutions No(s) 2240 and 2557. 12. APPROVED USE The subject use permit authorizes construction and operation of a 900 sq. ft.,- single -stall car wash structure as 'depicted on the exhibits listed in condition 9 area Equipment installed in said structure shall replicate the sound generation characteristics described in the Fitzroy -Dobbs study of October 3® 1988 as contained in City file 27U-88o 13. HOURS OF OPERATION Me car wash facility shall be restricted to daily hours of operation from 6000 a.m. to 10000 p.m. inclusive. 14. ON -SITE PARKING All automobiles parked on site shall be placed in the approved, striped off-street parking spaces as shown on Exhibit A. 15. CONSERVATION MEASURES Operation of the facility shall be limited to the one -minute washer cycle option only. Said facility shall also be fitted with water recycling equipment. The intent of this condition is to reduce water usage demand associated with the car wash activity. 16. STREETSCAPE IMPROVEMENTS The Developer shall be obligated to provide streetscape improvements in accordance with Planning Commission Resolution 27.86. The developer shall execute and record a deferred agreement, acceptable to the City Attorney, providing for completion of streetscape improvements as directed by the City. Said agreement may include a "Sunset" provision which shall release the Developer or successor in interest from said obligation if direction is not provided by the City within two (2) years of the date upon which the use knit is implemented. RESOLUTION NO. 4127 (27 U-88) PAGE -5- 12/12/88 The final landscaping plan shall detail the selection, quantity and location of materials to be installed on the premises, and shall be subject to Staff approval at the building permit level Mk:�- oLt 1m elcmw Signing indicated on the exhibits referenced in condition 9 above is not approved., and shall require separate ASAC approval. 19. TRAFFIC MITIGATION If traffic circulation or congestion problems are identified by staff during the first year of operation following construction of the car wash, the developer/dealer may be required to return to the Planning Commission for consideration of additional mitigation measures. PASSED AND ADOPTED this 12th day of December, 1988 at a Regular Meeting of the Planning Comnission of the City of Cupertino by the following roll call vote. - AYES: COMMISSIONERS. Mackenzie, NAYS. COFMSSIONERS., Alone ABSTAIN. COMMISSIONERS., Alone ABSENT. COFJMISSIONERS. Sorensen ATTEST. Claudy, Szabo, Nice-Chro Adams ..a m Robert So Cowan ViC Or 3 , Vice -Chairman Director of Planning & Development Cupertino Planning Commission RS027U88(Q-1)