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U-1986-12bI IA: i APPLICATION: 12-U-86 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOIITrtON NO..2814 OF ME PIAL'UM C329ISSION OF ME CITY OF CVPEEMMM APPFd7%r G A TEMPCF?PM USE PEEtUT TU OPERATE AN AUIUMM= SMOG SST AND REPAIR FAGTId'I9' SECMON I • FINin27GS MMMS, the -Plam ng c},,, L-53cn of the City of Oup rtr*im received an application for a Use Permit, as described on Rage 2 of this Rimoluti.on; and MEREAS, the applicant(s) has net the burden of, required -to .support said application; and MEMFES, the 'Planning C== ssam finds the application] the follawiny 2egd7remits: a) Mmd- the use or uses are 2n confanzanoe with the General _Plan of "the City -of _Cupertino, --and are not-s9etrisesital to: 4stug-Uses or'to uses specifically permitted in the =m in which She proposed use is to be located. b) Miat the lwcperty Involved is adeq in size and shape to accommodate the ,proposed use. c) shat the proposed use will not gerj=ate -a level of traffic- over and beyond that of the rapacity of the e� street _system. d) Zhat the proposed use is otherwise mat detrimental to the health, Safety, peace, ]orals and -general welfare of -1QSCZ1S esiiding .Or working in the neigbbmdoad of .suds proposed use, nor injurious to rgperty and improvements in the neighbo:bood. NOW, MEREFCRE, ME a 'awa=: Tlsat after careful. .cmmideration of ]saps, facts, exhibits, te,timocy and other eviden a :sU -tted :Sn this matter, the application for IISe 11e:mait 3S hereby approved, subject tD the conditJnns v&dch are enumerated in -this Res+l„ticn -beginning on Page 2 tbereof; and — 1 — RESOLUTION No. 2814 (12-U-86) i 06/23/86 Page - 2 - BE IT FUfIHM RESOLVED: That the subconclusions upon which the findings and =xi tiaras specified in this Resolution are based upon and contained in -the Public Hearing record concerning Application 12-U-86 as set forth in the Mirntes of the Planning oamaission Meeting of June 23, 1986, and am irco porated by reference as though fully set forth herein. SON n. APFUCA=C—V DESC{LTPf'TON Application No(s) 12-"6 Applicant: SWQ por-tosa (Gary s4abo) Psvperty owner: Pa_ i Firvmeia2 CtIzWrr Incation: saftso pest Camw Cr treed , A= HOI�Et*a t: Parcel Area (Ac) 0.9 USOBB sDC'TIrN 2II• Q?iDITItlS 1) The of amcmaa is b a d i"9*4'' i cf 12-U-86, and Exhibit C of_� s- C acgr- as =my ka ammftd by the conditions enumerated bezel 2) AUnKM ID USE The subject ' e+*orw Use P it -24— sses cpw:zti= ct an aerie smog ,,iVw, -testing and xe33air `.acuity- =i k=ww=i=, mWe and testing activities shall .be rry-1- ed actimiy a ZLe k-42g se xri c e bays. 3) 7E PORARY -USE PEEd4TT She Ilse Temit is approved for 90 days. If the cf 20=ml are impleniented within the initial 90 day peandt:be tm pewit #a: Mitr,n tically -extended for :an add; irre-I 2 yeas. If the Cmditf ME Approval :ate not amp1maented within the 90 day perind the tse shall expire and a :new hearing shall be zequited to cerAid a- Fast. Staff sha11 notify the -farming uE the :rates of the improvements at the mid of the 90 day perird She following improvements .shall be instartad within the 90 day Pa-i o : a. Provide five (5) striped P-king spaors either at the sdde or rear of the building, and cease parking of veft aes adjacieft to the N/E cranes of the site. RESOIUTIOM No. 2814 (12-U•86) 06/23/86 Page 4 - r PASSED AMD ADOPTED this 23rd day of June, 1486, at a regular meeting of the Planning Commission of the City of QWestfao, State of California, by the fo-UaA g moll call vcte: AYES: CQlQmclus: Adams. Cam, SC M=w. and thel- Srabo MAYS: ccogusslatam, a ABSS77MI: �y�i tom ASSOM. SiLLli iillLfili -TOO12U(Mirk's File W7 ti awM��tnaw rear an Ila 4 V. :old If a I B f N r Catty of Cupertino W . a 10300 Torre Avenue P.D. Box S00 Cupertino. California 9$01i Cupertino, California 95015 Telephone: (408l ZS2-MS OFFICE OF THE CITY CLERK May 29, 1984 Gary C. Stokes 2630 Pacer lane I San Jose, CA 95111 a CITY COUNCIL ACTION This will confirm the action by the City Council at their meeting of May 21, 19a4 at which Your Application 3-U-84 Was approved -per the following conditions: 1-14. STANDABD CONDITIONS - Waived. 15. APPROVED EXHIBITS That the recattloeadatien of approval is based on Exhibits A, B, and C of Application 5-II-84 except as may be amended by special conditions enumerated bet in. 16. FUTURE INGBESS/i1GRFSS EASEMENTS x the applicant shall record a covenant which obligates existing and future property ovaera to participate in -reciprocal ingress/egress easements with the adjoining propertieswhenthe City can require the sale of the adjoining property owners. 17. APPROVED USE Approval is granter to operate a motor vehicle smog equipment test sta-tion for u1nor repair and installation of smog equiptnmL. Said approval is:granted for a period of one .year SYw the issuance of a building permit. 18. LANDSCAPING The landscaping beds shall be irrigated by an automatic sprinkler system. 19. This Use Permit shall expire upon one year from issuance of a building permit or on September 1, 1985, whichever occurs sooner. ti i 20. MODIFICATION OF APPROVED DEVELOPMENT PLAN In the event that the applicant or subsequent property owner shall desire to make any minor changes, alteration or amendment in the approved development plan or :building permit, a written request or revised development 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 Dot affect the general appearance of the area, the Director may certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the Planning Commission. If the changes are material, the Director shall submit the change 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 City Ordinance No. 652. If the change is approved, an appeal -may be made by an interested Party. Further, any member of -the City Council may be 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. BF1am PDMP ISLLBDS FLe P� t.tanda shall be removed .and improvedwithasphalt. 22. EFF_ZTRM PLImUM 'fie five Parking stalls located next to the intersection shall be relocated to a less prominent location to the rear or side of the h=41fitrar. 23- P'LSCM IAe applicant may elect cot to jnstall asphalt on the adjoining used L—mbaped parcel- An alternative -material for the Came area may be selected by the applicant and approved by v a f' _ arrrrrtm NEPjEg Mae amUdlng stall be repaired and -painted. Siscss�h#s CT T CLEW cc: Department of Planning and Development Bill MBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 Hariani Group 10930 No. De Anza Cupertino, CA 95014 PP. A Ift •=2104• v it I • 50: ...-1 1 it -ma 900. 4" ism, .4'•Ir 'A.jp V, V 4 1% If I 61 I 't.