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U-1989-21 (modified)bvl, Gul of Cupertino 10300 lorrc Avenue Cupertino, CA 95014.3255 11lephone: (400) 252.4505 .:(408) 252.0753 February 15, 1994 Clarke Rosa Clark's Machine Shop 10270 Imperial Avenue Cupertino, California 95014 PLANNING COMMISSION ACTION LETTER- Application 21-U-89 P.O. Box SBO Cupertino, CA 95015.0580 This letter confirms that the Planning Commission conducted the six-month review of the use permit and have approved the retail use. Please note conditions in Resolution No. 4455 and City Council Action Letter of June 22, 1993, carefully. Subsequent submittal of materials for building permits or other entitlements will be checked for compliance with the conditions listed in the Resolution; discrepancies may result in processing delays. Please contact our office if you Have questions about this platter. Please be aware that an appeal of this decision can be made within fourteen calendar days of the decision. If this occurs, you will be notified of a public hearing which will be scheduled before the City Council. Sincerely, Mic11 4BJULY. Community Development Department Enclosure Resolution No. 4455 City Council Action Letter of June 22, 1993 g.\mtn\letters\It 15u93 21-U-89 (Modified) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4355 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION TO ALLOW A RETAIL USE AND EXTEND DAYS OF OPERATION TO SATURDAY SECTION l: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; 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 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, HE 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 recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof and That the subcenclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 21-U-89 (Modified) as set forth in the Minutes of the Planning Commission Meeting of June 14, 1993, and are incorporated by reference as though fully set forth herein. SECTION II• PROJECT DESCRIPTION Application No.: 21-U-89 (Modification) Applicant: Clarke Rosa Property Owner: Clarke Rosa Location: 10270 Imperial Avenue Resolution No. 4455 (21-U-89 (Modification) June 14, 1993 Page -2- SFr PION III: CONDITIONS ADMIMSTERED BY THE PUBLIC WORKS DEPARTMENT 1. UNDERGROUND UTILITIES 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. SECTIONIV: CONDITIONS ADMINISTERED BY THE COMMU`N TY DEVELOPMENT DEPARTMENT 2. APPROVED EXHIBrfS The recommendation of approval is based on Exhibit Bryan Architect 8: Associates Plan dated 5/29/93, Plan Sheet No. Al, except as may be amended by the Conditions contained in this Resolution. 3. USE LIMITATION The subject Use Permit authorizes an incidental retail use of no greater than 320 sq. I It shallbe limited to the retail sales of those products necessary for the repair/m-timing being conducted on the site. All conditions of City Council Action letter dated September 20, 1989 remain in full effecL The use is limited to one delivery vehicle which must be parked in a designated parking space. No outdoor storage or display of retail items are allowed outside of the building. The doors on the south side of the building shall remain closed at all times. All deliveries shall be consistent with the Cupertino Municipal Code. This use permit shall be reviewed by the Planning Commission within six months, from the date of this approval, to confirm that impacts related to the parking deficit and retail uses are not significant to adjoining residential properties. If significant parking impacts are occuring, the use permit shall be void and the retail use shall immediately cease. 4. HOURS OF OPERATION Condition No. 18, of City Council Action letter dated September 20, 1989, shall be amended as follows: Business hours for the auto repair operation and retail use shall be limited to 7:30 am. to 6:30 p.m., Monday through Friday and 8:00 am. to 5:00 p.m, Saturday. 5. PARKING This use permit acknowledges the parking deficit of two pairing spaces. The minimum required on the site is outlined in City Council Anion Letter dated September 20, 1989 (21-U-89). If in the future the retail use generates a parking demand that exceeds the existing Darling amount and creates significant oflsite impacts, the Planning Commission has the right to review the Use Permit and re-evaluate or revoke the Use Permit granted for retail sales. 5. TRASH ENCLOSURE Condition No. 14 of City Council Action Letter dated September 20, 1989 regarding the trash enclosure shall be constructed prior to initiation of any retail activity and construction must be completed within 45 days of thus approval. If this deadline is not met the property owners risk initiation of revocation proceedings on Use Permit 21-U-89. 6. HANDICAP PARKING The handicap parking space as required and approved under Use Permit 21-U-89 shall be stripped and provided prior to initiation of the retail activity and completed within 45 days. If this deadline is not met, the property owners risk the initiation of revocation proceedings on Use Permit 21-U-89. Resolution No. 4455 (21-U-89 (Modified) June 14, 1993 Page -3- 7. CENTRAL FIRE DISTRICT The 19g9 requirements with regards to fire sprinkler in a building, hazardous materials handling plan and other conditions is determined by the Central Fire District, shall be completed prior to initiation of the retail activity and within 45 days of this approval. 8. SANITARY DISTRICT Complete the required upgrading and additional fees as outlined in the May 11, 1993 Cupertino Sanitary District letter. This must be completed prior to initiation of the retail activities. PASSED AND ADOPTED this 14th day of June, 1993 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Roberts, Austin, Bautista NOES: COMMISSIONERS: Doyle ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Mahoney ATTEST: /s/Robert Cowan Robert Cowan Director of Community Development &�mm�Paem Iuavm APPROVED: Is/Donna Austin Donna Austin Chairworlan Cupertino Phmning Commission CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 93014 RESOLUTION NO.4462 (Minute Order) DIRECTING STAFF TO MEET WITH CLARKE ROSA, CLARKS MACHINE SHOP (10270 IMPERIAL AVENUE) AND THE RESIDENTIAL PROPERTY OWNERS ON IMPERIAL AVENUE, TO IDENTIFY AND DEVELOP MEMODS TO RESOLVE SPECIFIC PROBLEMS RELATED TO THE MACHINE SHOP/RETAIL OPERATION Staff will meet with Clarke Rosa, applicant for application 21-U-89 Modification and the residential property owners on Imperial Avenue to identify specific complaints related to the machine shop and retail operation and develop measures to resolve the complaints. Staff shall report on these complaints and actions taken to resolve said complaints at the six month permit review. PASSED AND ADOPTED this 14th day of June, 1993 at a regular mating of the Planning Comm*«'on of the City of Cupertino, State of California, by the following roU tall vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: sts Robert S. Cowan Robert S. Cowan, Director of Community Development g/mm/peresos/rosamin Doyle, Bautista, Austin, Roberts Mahoney APPROVED: s/s Donna Austin Donna Austin, Chairwoman Cupertino Planning Commission City of Cupertino It T00 Torre Avenue Cupenmo, CA 95014-3255 1 e I e p h o n e: 14081 25 2 -4 50 5 IAl i4081252-0753 0fPiRTh1ENT OF THE CITY CLERK June 22, 1993 Clarke Rosa Clarks Machine Shop 10270Imperial Avenue Cupertino, California 95014 CITY COUNCIL ACTION - APPLICATION NO. 21-U-89 (MODIFIED) CLARKE ROSA - USE PERMIT MODIFICATION TO EXTEND DAYS OF OPERATION TO SATURDAY, TO ALLOW RETAIL USE AND TO ALLOW ON -STREET PARKING SPACE; THE PROJECT IS LOCATED AT 10270 EWPERIAL AVENUE At their regular meeting of June 21, 1993, the Cupertino City Council approved your use permit modification per Planning Commission Resolution No. 4455 with the following conditions: UNDERGROUND UTILITIES 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 affect utility provider and the City Engineer. � Y ► 1 Y ►11 r • ► 1 ul J r 1 pl • ulul 1►IY1� 1 1 Own u 13131 2. APPROVED EXHIBITS The recommendation of approval is based on Exhibit Bryan Architeict & Associated Plan dated May 29, 1993, Plan Sheet No. Al. except as may be amended by the conditions contained in this resolution. USE LIMITATION The subject use permit authorizes an incidental retail use of no greater than 320 sq. ft. It shall be limited to the retail sales of those products necessary for the repair/machining being conducted on the site. All conditions of City Council Action letter dated September 20, 1989, remain in full effect. The use is limited to one delivery vehicle which must be parked in a designated panting space. No outdoor storage or display of retail items are allowed outside of the building. The doors on the south side of the building shall remain closed at all times. All delivers shall be consistent with the Cupertino Municipal Code. This use permit shall be reviewed by the Planning Commission within six months, from the date of this approval, to confirm that impacts related to the parking deficit and retail uses are not significant to adjoining residential properties. If significant parking impacts are occurring, the use permit shall be void and the retail use shall immediately cease. 4. HOURS OF OPERATION Condition No. 18, of City Council Action letter dated September 20, 1989, shall be amended as follows: Business hours for the auto repair operation and retail use shall be limited to 7:30 am. to 6:30 p.m., Monday through Friday and 8:00 am. to 5:00 p.m., Saturday. 5. PARKING This use permit acknowledges the parking deficit of two parking spaces. The minimum required on the site is outlined in City Council Action Letter dated September 20, 1989 (21-U-89). If in the future the retail use generates a parking demand that exceeds the existing parking amount and creates significant offshe APPROVED EXHIBITS The recommendation of approval is based on Exhibit Bryan Architeict & Associated Plan dated May 29, 1993, Plan Sheet No. Al, except as may be amended by the conditions contained in this resolution. E _LIMITATION The subject use permit authorizes an incidental retail use of no greater than 320 sq. ft It shall be limited to the retail sales of those products necessary for the repair/machining being conducted on the site. All conditions of City Council Action letter dated September 20, 1989, remain in full effect The use is limited to one delivery vehicle which must be parked in a designated parking space. No outdoor storage or display of retail items are allowed outside of the building. The doors on the south side of the building shall remain closed at all times. All delivers shall be consistent with the Cupertino Municipal Code. This use permit shall be reviewed by the Planning Commission within six months, from the date of this approval, to confirm that impacts related to the parking deficit and retail uses are not significant to adjoining residential properties. If significant parking impacts are occurring, the use permit shall be void and the retail use shall immediately cease. aji cjri a - ' • Condition No. 18, of City Council Action letter dated September 20, 1989, shall be amended as follows: Business hours for the auto repair operation and retail use shall be limited to 7:30 am. to 6:30 p.m., Monday through Friday and 8:00 am. to 5:00 p.m., Saturday. 5. PARKING This use permit acknowledges the parking deficit of two parking spaces. The minimum required on the site is outlined in City Council Action Letter dated September 20, 1989 (21-U-89). If in the future the retail use generates a parking demand that exceeds the existing parking amount and creates significant offsite impacts, the Planning Commission has the right to review the use permit add re- evaluate or revoke the use permit granted for retail sales. 6. TRASH ENCLOSURE Condition No. 14 of City Council Action Letter dated September 20, 1989, regarding the trash enclosure shall be constructed prior to initiation of any retail activity and construction must be completed within 45 days of this approval. If this deadline is not met, the property owners risk initiation of revocation proceedings on Use Permit 21-U-89. 7. HANDICAP PARKING The handicap parking space as required and approved under Use Permit 21-U-89 shall be stripped and provided prior to initiation of the retail activity and completed within 45 days. If this deadline is not met, the property owners risk the initiation of revocation proceedings on Use Permit 21-U-89. ';'I I i" ` ' q' diT�a71c111i ARIM The 1989 requirements with regards to fine sprinkler in a building, hazardous materials handling plan and other conditions is determined by the Central Fire District, shall be completed prior to initiation of the retail activity and within 45 days of this approval. C.1 r' 9. SANITARY DISTRICT Complete the required upgrading and additional fees as outlined in the May 11, 1993, Cupertino Sanitary District letter. This must be completed prior to initiation of the retail activities. Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development staff members for clarification. Failure to incorporate conditions 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 protection devices are installed. impacts, the Planning Commission has the right to review the use permit add re- evaluate or revoke the use permit granted for retail sales. 6. TRASH ENCLOSURE Condition No. 14 of City Council Action Letter dated September 20, 1989. regarding the trash enclosure shall be constructed prior to initiation of any retail activity and construction must be completed within 45 days of this approval. If this deadline is not met, the property owners risk initiation of revocation proceedings on Use Permit 21-U-89. 7. HANDICAP PARKING The handicap parking space as required and approved under Use Permit 21-U-89 shall be stripped and provided prior to initiation of the retail activity and completed within 45 days. If this deadline is not met, the property owners risk the initiation of revocation proceedings on Use Permit 21-U-89. ti 1 -! - T I 8. CENTRAL FIRE DISTRICT The 1999 requirements with regards to fire sprinkler in a building, hazardous materials handling plan and other conditions is determined by the Central Fire District, shall be completed prior to initiation of the retail activity and within 45 days of this approval. 9. SANITARY DISTRICT Complete the required upgrading and additional fees as outlined in the May 11, 1993, Cupertino Sanitary District letter. This must be completed prior to initiation of the retail activities. Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development staff members for clarification. Failure to incorporate conditions 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 protection devices are installed. The expiration date for the use permit is June 7, 1995. (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely��j DOROTTHY,QRNELIUS CITY CLERK DGcs cc: Department of Community Development Department of Public Works Phillip Savio Cupertino Sanitary District 20065 Stevens Creek Blvd. Cupertino, CA 95014 • 111 -� � N ' fs.11 t•�: �:s r4.7. - � r .y V ��--'--•-------' I I ---- _- _ .e �� is 5I•-�u a } t �� '• f r tj to h .1J 4 IL rir 1 � � ��, ..cn.T;,— ; •�rrtscaitu[rr��w _,.__�� �nunR—�--,-� _-,r_-- -- � � ' 7 � � GtrYI•=1 � avtiT 'GYfi.c1 ,' �i �' ,'�� � `— _ .f ��__—__ —_ � I• 1�. � •�. �I � .�'-,cif ... �.��{.•s j ._. r I • ; 111 I ) - _.Iii;+�7=�Trti�F�7 �Fl•__-_—•-�87�•jam=�•I•:�:1°f!iv;ilc=;:I;i_I r-.. .. ,. ......-- ii . •i _ -I i- ' lt� i 'W*40u0Rkff e1 ua03. _r I--- --- - 1 ell r z rf �•s �� �: Vol - g` I ►� r ;;