Reso 25125-U-B4
RESOLUTION NO. 512
OF THE PLANNING COMMISSION OF THE CITY OF CUPERT I NO
APPROVING A TEMPORARY USE PERMIT ( ONE YEAR TERM)
.� FOR INSTALLATION OF A SMOG TEST STATION FOR
MINOR REPAIR AND MAINTENANCE OF SMOG EQUIPMENT ON
MOTOR VEHICLES.
APPLICANT: Gary Stokes (Mariani Group of Companies)
ADDRESS: 2630 Pacer Lane, San Jose, California 95014
SUBMITTED: March 30, 1984
LOCATION: Southwest corner of Homestead Road and North De Anna
Boulevard
FINDINGS AND SUBCONCLUS I ONS :
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of May 14, 1934.
CONDITIONS:
1-14. STANDARD CONDITIONS
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Standard Conditions to the extent that they do not
conflict with the special conditions enumerated herein.
In the event a conflict does exist, the special
conditions as enumerated herein shall apply.
15. APPROVED EXHIBITS
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That the recommendation of approval is based on Exhibits
A, B, and C of Application 5-U-B4 except as may be
amended by special conditions enumerated herein.
16. FUTURE INGRESS!EGRESS EASEMENTS
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The applicant shall record a covenant which obligates
existing and future property owners to participate in
reciprocal ingress/egress easements with the adjoining
properties when the City can require the same of the
adjoining property owners.
17. APPROVED USE
Approval is granted to -operate a motor vehicle smog
equipment test station for minor repair and installation
of smog equipment. Said approval is granted for a period
of one year from the issuance of a building permit.
1S. LANDSCAPING
The landscaping beds shall be irrigated by an automatic
0sprinkler system.
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CITY OF CUPFR INO
City Hall, 10300 To re Avenue
Cupertino, California 95014 10
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received
an application for a USE PERMIT, as stated on Page 2; and
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 and is 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 beyond 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 use
nor injurious to property and improvements in the neighbor-
hood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of
evidence submitted in this matter,
is hereby recommended for approval,
on Page 2; and
BE IT FURTHER RESOLVED:
That the aforementioned findings b
the Secretary be, and is hereby di
affected by this decision.
maps, f acts, exhibits and other
the application of the USE PERMIT
subject to the conditions stated
approved and adopted, and that
cted to notify the parties
C]
Planning Commission Resolution No. 2512 (continued) ,5-U-e4
19. This Use permit shall expire upon one year from issuance
.� of a building permit.
20. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN
---------------------------------------------
11
In the event that the applicant or subsequent property
owner shall desire to mare 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 submitted to the Director of
Planning and Development. If the Director makes a
finding that the changes are minor and do not affect the
general appearance of the area or the interests of owners
of property within or ad -joining the development area, the
Director may certify the change on the revised plan. If
such approval is witheld, the applicant may appeal to the
Planning Commission. If the changes are material, the
Director shall submit said changes to the Planning
Commission for approval. If the change is denied by the
Planning Commission, the applicant may appeal to the City
Council as provided in Ordinance 652 of the City of
Cupertino. If the change is approved., an appeal my be
made by an interested party. Further, any member of the
City Council 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 Commission.
21. REMOVE PUMP ISLANDS
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The pump islands shall be removed and approved with
asphalt.
22. OFF-STREET PARKING
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The five parking stalls located next to the intersection
shall be relocated to a less prominent location to the
rear or side of the building.
23. PAVING
The applicant may elect not to install asphalt on the
adjoining unpaved L-shaped parcel. An alternative
material for the unpaved area may be selected by the
applicant and approved by staff.
24. BUILDING REPAIR
---------------
The building shall be repaired and painted.
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Planning Commission Resolution No. 2512 (Continued) 5-U-S4
PASSED AND ADOPTED this 14th day of May, 1924, at a regular
meeting of - the Planning Commission of the City of Cupertino,
lipState of California, by the following roll -call vote:
AYES: Commissioners Adams, Claud,, Szabo, Vice Chairman
Koenitzer
NAYS: None
ABSTAIN: None
ABSENT: Chairperson Blaine
ATTEST: APPROVED:
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James H. Sisk R. D. koenitzer, Vice Chairman
Planning Director Planning Commission
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