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U-1989-21bAdIkA Cittl of Cupertino 10300 Torre Avenue Cupertino. Cahtornu 95014 Telephune: i4081 :52-4505 September 20, 1989 Clark Rosa 21881 Stevens Creek Blvd. Cupertino, CA 95014 P.O. Boa 580 Cupertino, California 95015 CITY COUNCIL ACTION - APPLICATION 21-U-89 - USE PERMIT TO ALLAW AN ADTa4:Y E REPAIR AND MAQ= SHOP IN AN EXISTING STRUCTURE LOCATED IN THE PLANNEE) DEVELOPMENT, ISGHr nWSTRIAL, INnESlr ZONING DISTRICT - 10720 IMPERIAL AVENUE This will confirm the action by the City Council at their meeting of September 18, 1989 at which your Application 21-U-89 was approved per the following conditions: CONDITIONS AIIWINISTERED BY THE PUBLIC WORKS DEPARTSvffNr 1. STREET 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 Imperial Avenue. Said offer of future roadway dedication shall run with the land, and shall be subject to approval as to form and content by the City Attorney prior to recordation. � r ai• a r •.rr a t� Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer, and as generally indicated on the street section diagram appearing on Sheet A-1 of Application 21-U-89. 3. S7= LIGHTING INSTALLATION 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 eYl stirx7 hydrant on the site frontage shall be borne by property owner. WIIL�Y:71a. 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 ASAC Resolution No. 1097. 6. GRADING 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. 1J�)�:•�f:•� hU �Y YM■ The developer shall comply with the requirements of the Underground Utilities ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, 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. bill N • • im c7' 71i 17i abe project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for urdergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 10. TRANSFURMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. •• • • • 11. w 71• ko • 71 • - IS . JI' 11. APPROVED E B IBTIS 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. 12. USE IINMATION The subject Use Permit aunt 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: a) All repair and machining operations shall be restricted to the interior of the building. No repair work nay be performed in the parking area or within the public right of way. b) The local street system may not be used for testing of vehicles undergoing repair. Such testing shall be confined to major boulevards and freeways. c) Air oompressor machinery and similar devices shall be placed within the building enclosure. 13. PARKING 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. The following performance standards are intended to ensure that the auto repair business does not unduly impact the surrounding neighborhood: a) on street parking is prohibited for employee vehicles, customer drop-off and vehicles upon which servicing is completed. b) Vehicles may not be parked within driveways or required backup aisle spaces. c) Parking stalls may not be occupied by inoperable or wrecked vehicles d) Business volume will be limited in accordance with the availability of on -site parking. outdoor storage of parts, tools, or supplies is prohibited. Zhe trash enclosure shall be constructed of concrete block material with a screened gate. 15. ARC}M'rECT[]RA LANDSCAPING/LTGHrING FNf�NCF 1T5 Prior 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 Imperial Avenue frontage, the colors for repainting of the building, frontage landscaping in accordance with ASAC resolution 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 encroachment permit for overhang of landscaped areas within the public right of way. Awnings shall not encroach upon the sidewalk airspace. 16. MODIFICATIONS OF THE APPROVED DEVELOPMENT FLAN In the event that the applicant or subsequent property owner shall desire to make any minor change, alteration or amerdnent 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 adjoining the development area, the Director may certify the charge 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 said changes to the Planning Commission for approval. If the charge 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 charge is approved, an appeal may 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. 17. VAIIDM UPON ANNEXATION 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 commence prior to that date. 18. HOURS OF OPERATIONS Business hours for the auto repair operation shall be limited to 7:30 a.m. to 6:30 p.m., Monday through Friday. Please review eoruciitions carefully. If you have any questions regarding the cmdJtiazs of approvza please oontact the Departm n of Omminity Develcpaent staff mmbers for clarification. Failure to incorporate axrlitions into your plan set will result in delays at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protectim devicrs are installed. The expiration date for the use permit is May 1, 1991 (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). The expiration date for the tentative map is May 1, 1991 (Section 66452.6 of the subdivision Map Act). or: Deparbment of Ca=mity Development Department of Public Works Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 21-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, as ciescscribed 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 and 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-i3-89) 09/11/89 Page - 2 - SD=CN II • DESMIPrICN OF PROJF7CP Application No(s): 21-U-89 and 28-EA-89 applicant: Clark Rosa Property Owner: Clark Rosa location: 10270 Iaoerial MMMM)e S FYTf[N TTT • QCMITIONS AQiSPFRID_ HY 7i PCm?•TC WOfdts DFpA�??P 1. SPREES` 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 Attu 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` r_IC H= 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 st i ng hydrant an 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 ASAc 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 Ergineer. . �� . 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 urdexxAmuhding 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. SZrh testing shall be confined to major boulevards and freeways. c) Air oampressor machinexy and similar devices shall be placed within the building enclosure. 13. 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. Zhe 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 lar4scaping in aeoordaxr_e 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 encrnadvrelt 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 Plam ng 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 C1>amission, 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 AlMZ 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 llth 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 /sl victor Adams Victor J. Adams, Quairman Cupertino Planning Oommission to/ =4-9 .,*4f 'fat f 7:Z; ! lk wl lI jOj%Vn%C. AFZA NI TON 7— 77­�=—j9­11—ol. &AAA CU P—=ry V—U.- Jtz DATA SUMMAN'r BUILCING Atk6oh rmAote, ma,,rxrzD (11-0) W _6 Autos --==ASP -R.pr— — ---------------- 5% I MA CHI NI: SHOT M. Mm ,AT—. _ZU F: M- 1 `SZ:^Y✓- 1°A1 ata nn•• Iginvrc t�a'�ya' n er''i' .. .. __ __ _ � tyo) Vit 1,:3:;TE F'LA% N