Reso 423026-U-89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLLMON NO. 4230
OF TRE PLANNING OCM4ISSICN OF THE CITY OF CUPEFa`INO
REOCM4ENDING APPROVAL OF A USE PERMIT TO
ALLOW OUrDOGR DISPLAY OF AU1X*Mn.ES FOR SALE AS AN
ADJUNCT USE TO AN EXISTING VEHICLE LEASING TENANCY
WITHIN AN EXISTING OFFICE BUILDING
SECTION I• FINDINGS
WHIRFAS, the Planning o mission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
arra
WHEREAS, the applicant has met the burden of proof required to support
said application; and
WHEREAS, 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 property involved is adequate in size and shape to
accommodate 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, 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 ree®exded for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subcbnclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 26-U-89 as set forth in the Minutes of the Planning
mission Meeting of Novehnber 27, 1989, and are incorporated by reference
as though fully set forth herein.
Resolution No. 4230 (26-U-89) November 27, 1989
Page -2-
-
The rec anerdation of approval is based on the site exhibit of Application
26-U-89, except as amended by the Conditions contained herein.
The subject use permit authorizes operation of not more than three (3)
outdoor vehicle display spaces, to be located on the east property line
aoecrding to the "staff alternative location" shown on the approved
exhibit. The materials and colors of the chain and stanchion devices
marking said spaces shall be subject to staff approval prior to
installation. Vehicles may not be cleaned, serviced or repaired at the
subject location.
�! I. _49
The operator shall remove all display vehicles fran the premises at the
close of the business day. Alternatively, said vehicles may remain on the
premises if they are protected from theft in accordance with a security
plan approved by staff in consultation with the Sheriff's Office.
4. SIGN PROGRAMS
Additions, to or modification of the existing sign program for the cmplex
shall require separate review by the Architectural and Site Approval
Committee.
5. AGREEMERr RDZJWING IACA17CN OF TMSACrICkIS
The use permit is granted upon the condition that all auto sales
transactiens conducted by the applicant in Cupertino are subject to the
terms of a written agreement between the applicant and the City. the
purpose of said agreement is to ensure capture of sales tax revenue for the
City' of Cupertino for all trans -actions which are initiated and or oompleted
within the City Limits.
Resolution No. 4230 26-U-89 November 27, 1989
Page -3-
PASSED AND ADOPTED this 27th day of November, 1989, at a Regular Meeting of the
Planning Cocudssion of the City of Cupertino, State of California, by the
following roll call vote:
AYES: COMMISSIONERS: Blaine, Claudy, Mackenzie, Chr. Adams
NOES: CaiMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: CCMSSICNERS: None
/s/ Robert Cogan
Robert Conran
Director of Ctmmvlity Development
peresos\rso26u89
_/s/ Victor Adams
Victor Adams, chairman
Cupertino Planning Commission