Reso 419221-U-89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RE9OLUPICN No. 4192
OF T1HE PIAlNING COMMISSION OF THE CITY OF CUPE=iO
PIX011ENDING APPRDVAL OF A USE PEF441T TO
OPERATE AN AUICI`t7= REIPAIR FACII N AND
MACHINE SHOP WITHIN AN EXIS`Z 4G IND SIRIAL BUIEDD G
SB=CN I • FINDINGS
WHEREAS, the Planning a++■+ i ion of the City of Cupertino received an
application for a Use Permit, asdescscribed on Page 2 of this Resolution;
and
WHEREAS, the applicant has not the burden of proof requited to support
said application.; and
WHEREAS, the Planning Co—ission finds that the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plain 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 properties involved are adequate in size and shape to
accommodate the proposed pverflow parking 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 users, nor injurious to
property and iRnvvemeitts in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this mattes, the application for Use Permit is
hereby recommended 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 arra contained in the Public Bearing record
concerning Application 21-U-89) as set forth in the Minutes of the
Planning n-*+*+ i ion Meeting of September 11, 1989, and are +rated by
reference as though fully set fortis herein.
Resolution No. 4192 (21-13-89) 09/11/89
Page - 2 -
SD=CN II • DESMIPrICN OF PROJF3CP
Application No(s): 21-13-89 and 28 -EA -89
applicant: Clark Rosa
Property Owner: Clark Rosa
location: 10270 Ianerial MMMM)e
S FYTf[N TTI • QCMITIONS AQiSPFRID_ HY 7i PCm?•TC WOfdts DFpA�??P
1. SPREE` WIDENING
Street widening, improvements and dedications shall be provided in
accordance with City standards and specifications and as required by
the City Engineer. The owner shall provide an irrevocable offer of
dedication for widening of Ia ial Avenue. Said offer of future
roadway dedication small run with the lard, and shall be subject to
approval as to farm and content by the City Atter prior to
retardation.
2. CURB AND GUTTER Ii+PROMM
ourbs and gutters, sidewalks and related structures Shall be installed
in accordance With grades and standards as specified by the City
Engineer, and as generally irdicated on the street section diagram
appearing on Sheet A-1 of Application 21 -Li -89.
3. S IgFF!T` LICH= INSVU A'►'TCN
street lighting shall be installed and shall be as approved by the City
Engineer. Lighting fixtures shall be positioned so as to preclude
glare and other forms of visual interference to adjoining properties,
and shall be no higher than the maximum height permitted by the zone in
which the site is located.
4. FIRE SAFETY
Fire hydrants shall be located as required by the City. Costs for
relocation of the existing i ng hydrant on the site frontage shall be barn
by property ac)er-
5. SIRU h2EES
Street trees planted within the public Right of Way and shall be of a
type approved by the City in accordance with Ordinance 125, and in
accordance with ASAI Resolution No. 1097.
Resolution No. 4192 (21-U-89) 09/11/89
Page -3-
r;; ..�
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125.
Drainage shall be provided to the satisfaction of the City Engineer.
The developer shall fly with the marts of the Underground
Utilities Ordinance No. 331 and other related Ordinances and
regulations of the City of cupertim, 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.
. �� . avra� ; r.• ��yra�
The project developer shall enter into a development agreement with
the City of oupertino providing for payment of fees, including but not
limited to chedcing and inspection fees, storm drain fees, park
dedication fees and fees for urdexxAmunding of utilities. Said
agreement shall be owcuted prior to ic4uma of construction permits.
Electrical transformers, telephone vaults and similar above ground
equipment enclosures shall be screened with fencing and landscaping
or located undergcocand such that said a aipme*t is not visible frs>m
public street areas.
The approval is based on Sheet A-1 of Application 21-U-89, except as
may be amended by the Conditions contained in this Resolution.
@;IVV;SMCe _U
The subject Use Permit amendment authorizes operation of an automobile
repair facility and/or machine shop. The owner may cease operation of
the automobile repair operation and conduct machine shop services only
at any time without further Use permit review. The automobile repair
operation shall be subject to the following limitations:
Resolution No. 4192 (21-U-89) 09/11/89
Page -4-
a) All repair and machining operations shall be restricted to the interior
of the bnilding. No repair work may be performed in the parking area
or within the public right of way.
b) The local sit system may not be used for testing of vehicles
undergoing repair. suc=h testing shall be confined to major boulevards
and freeways.
c) Air oampressor machinexy and similar devices shall be placed within the
building enclosure.
1]. p
Parking shall be provided at a ratio of 1 space for 450 s.f.g.f.a, with at
least 10 spaces provided on the exterior portion of the site. 4Yhe following
performance standards are intended to ensure that the auto repair business
does not unduly impact the ma ro riding neighborhood:
a) on street parking is prohibited for employee vehicles, customer
drop-off and vehicles upon which servicing is oomleted.
b) Vehicles may not be parked within driveways or required backup aisle
spaces.
c) Parking stalls may not be ocornied by inoperable or wrecked vehicles
d) Business volume will be limited in acoordarne with the availability of
or -site parking.
14. OWIDOOR SPdRAGE/TPASH EiICL06UF2E
Outdoor storage of parts, tools, or supplies is prohibited. the trash
enclosure shall be constructed of concrete block material with a screened
gate.
15. /LAMSCAPING/LJgH 1n II JC PS
Pricer to initiation of the subject Use Permit, the owner shall obtain
informal ASAC approval of the color and materials for the replacement
awning on the Inperial Avenue frontage, the colors far repainting of the
building, frontage landscaping in ac0C dan0e with ASAC revolution 1097, and
exterior lighting fixtures. Exterior lighting shall emit white colored
light only.
Prior to installation of the proposed awnings, the owner shall obtain an
encrnadnreht permit for overhang of landscaped area within the public
.right of way. Awnings Shall not encroach upon the sidewalk airspace.
16. MODIFICATIONS OF 'II -Tr. APPROVED DEVE[Q M M PLAN
In the event that the applicant or subsequent property owner shall desire
to make any minor change, alteration or amendment in the approved
development plan or building permit, a written request and revised
development plan or building permit shall be suimitted to the Director of
Planning and Development. if the Director makes a finding that the charges
are minor and do rat affect the general appearance of the area or the
interests of a-sers of property within or adjoining the development area,
the Direct may certify the change on the revised plan. If such approval
is withheld, the applicant may appeal to the Plamung Comm, ion.
Resolution No. 4192 (21-U-89) 09/21/89
Page -5-
If the changes are material, the Director shall submit said changes to
the Planning mission for approval. If the charge is denied by the
Planning —J ion, the applicant may appeal to the City Council as
provided in Ordinance 652 of the City of Cupertino. If the change is
apprcvved, an appeal may be made by an interested party. F1rrd=, any
member of the City Cm=il may request a hearing before the City
Council, said request to be made within ten (10) days from the date of
approval when the change has been approved by the Planning Cmmission.
RUNWY 1b MY JCC ;�h1M.4 M 0Z
The subject Use Permit shall become effective upon the date on which
annexation of the subject site to the City of Cupertino is certified.
Business activity shall not coeme ce prior to that date..
Business hours for the auto repair operation shall be limited to 7:30
a.m. to 6:30 p.m., Monday through Friday.
PASSED AMID ADOPLED this 11th day of September, 1989 at a Regular Meeting
of the Planning Comaission of the City of Cupertino by the following roll
call vote:
AYES: CCM IISSICNERS: Claudy, Madcenzie, Sorensen, Chairman }�
NAYS: COM IISSICNERS: Szabo
ABSLUN: CC14M SICNFRS: None
ABSEW: CCM42SSICNERS: None
/s/ Robeit Cowan
Robert Cowan
Director of Community Development
peresos/rso2lu89
/s/ victor Adams
Victor J. Adams, Quairman
Cupertino Planning Oommission