U-1971-36bSukznso� For,
y
36-U-71
RESOLUTION N0. 995
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
GRANTING AN AMENDMENT TO A USE PERMIT TO ALLOW CON-
STRUCTION OF A 2700 SQ. FT. SERVICE BUILDING ON THE
SITE OF AN EXISTING NEW AND iJSED CAR SALES FACILITY.
APPLICANT: Paul Swanson
ADDKESS: 20235 Stevens Creek Boulevard, Cupertino, California
SUBMITTED: October 29, 1971
T�OCATION: Northeast corner of the intersection of Stevens Creek
Boulevard and Vista Drive
ZONE: CG (General Commercial)
-------------------------------------------------------------------------------
CONDITIONS AND FURTHER FINDINGS:
� 1-14. Standard Conditions
15. The use permit is granted for the land as described in the appli-
cation and any attachments thereto and as shown on the plot plan
labeled "Exhibit A". The use permit approval shall not be con-
strued as approval of the building architecture, fencing, land-
scaping and signing.
16. Al1 servicing and repair work shall be performed within the service
bays; outdoor work shall be prohibited.
17. Eighteen(18) off-street parking spaces shall be provided as approved
by the Architectural and Site Approval Committee.
18. The requirement to construct a six (6) foot masonry wall between
the subject property and adjacent residentially zoned properties
- can be deferred until said residential properties are developed.
A cash deposit, performance bond or other instrument shall be posted
guaranteeting c�mpletion of the work.
19. All street improvements including the 40-foot frontage on ?tandy Lane
shall be dedicated and improved as required by the City Engineer.
20. An application shall be submitted to the Architectural and Site
Approval Committee for a comprehensive review of the entire site.
--------------------------------------------------------------------------------
-1- _
�M1 r
Citti of CUperti»o
101110 rune Avenue P.O. Itw 580
Cupertino. California 95014 Cuperlino. Cab; rnia 95015
felephune: (408) 252-4505
(1IPAKTMf NT OF PLANNINL, ANO U4 VLLOPMI NI '
April 4, 1990
Leslie Lopez, E.S.Q.
MATTEONL SAXE & NANDA
Kodak Center
1740 Technology Drive., Ste 250
San Jose, California 95110
Regarding: Cupertino Sales & Leasing
(Mercedes Dealer 20235 Stevens Creek Blvd)
Dear Leslie,
Per our conversation of March 30, 1990, attached is the Conditions of
Approval for the original car dealership for this site (attached 'C'), of
which Cupertino Sales & Leasing is grandfathered under. As you
can see, nothing is mentioned regarding the storage of vehicles.
The following is a summary of the recent events leading to my
questioning the legality of the use: On March 26, 1990 Scott Molis
came to the Planning Department for Zoning approval for a business
license (attached 'A') to operate a vehicle storage yard at 20235
Stevens Creek Blvd. lie indicated it was an existing use he was taking
over. 1 asked for a description of activities: "people pay to store their
boats and R.V.s on their lot.' He had with him a business license
receipt for payment of taxes on the existing yard (attached "B").
1 denied Planning approval based upon the existing, zoning (Planned
Development with a Commercial overlay) which doesn't allow as a
Permitted Use or Conditional Use, a vehicle storage yard.
I paid a site visit to the storage yard on March 29, 1990. There were
approximately 36+ broken down automobiles, buses, operational
R'Vs,' and boats within the gated yard. In addition, there were
approximately 10 abandoned vehicles outside the gated enclosure.
The area was completely unpaved. There was no signage identifying
it as a separate use, however, the business license request had a
separate name, then the Mercedes dealer. This separate name,
"Silicon Valley Vehicle Storage" is not listed in the phone book.
During my site visit, Ron Postelle asked me to leave the premises. lie
referred me to his lawyer/brother Don Postelle, III N. Market
Street., Ste 1010, San Jose, California 95113 (408) 275-91911. lie
further indicated that Scott Molis would not be taking the business
over and that he was "out of the picture".
The parcel has the following Use Permit Numbers
No. 13-U- 60 Swanson Ford
Development of Building
Description of improvements & dedications
No specific area on plans dedicated to vehicle storage
(This Resolution is missing)
No. 36-U-71 Swanson Ford
Amendment to Use Permit to allow construction of 2,700
square foot service building (Reso No. 995 - No storage
mentioned - attached).
Existing Zoning: Commercial C -1-H
Existing Uses: . Auto Sales & Service
Standard Conditions Listed - Nothing regarding specific uses
allowed.
Jim Sisk Memo dated 11/18/71 (Staff report)
4 service bays existing
5 additional service bays proposed w/ limited storage of parts.
Description: Service or new & used cars, trucks, R.V. sales of
vehicles by sales agency.
Conditions: Nothing mentioned regarding storage of vehicles.
I am seeking from you guidance as to whether this use is somehow
grandfathered in. If it is not, we would be willing to work with the
applicant, in filing a formal application to amend the existing Use
Permit to allow vehicle storage. The City Council would of course be
the deciding factor. Approval is highly unlikely and the site would
require a great deal of upgrading (paving, lighting sufficient to light
the vehicles at night but not disturbed the residences east & west,
adequate fencing and much more).
Photographs of the site are available. If I can be of any further
assistance, please do not hesitate to call. I would appreciate having
a copy all correspondence Vrwarded to my attention.
Sincerely,
CITY OF�1
CUPERTINO
Q�,� ft - n
V
Michele Bjurman
Planner