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Reso 4476 9-U-93 CITY OF CUPERTINO 10300 Torre Avenue � Cupertino, California 95014 RESOLUTION NO. 4476 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR AN ACUPRESSURE/MASSAGE SCHOOL SECTION I: 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 I ( 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: I � 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 pernutted 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 generate a level of traffic over and above that of the capacity of the existing street system. i ► 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 i property and improvements in the neighborhood. I � NOW, TI�REFORE, BE IT RESOLVED: i 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 E That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 9-U-93 as set forth in the Minutes of the � Planning Commission Meeting of October 11, 1993, and are incorporated by reference though fully set I forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 9-U-93 � Applicant: Peter Hou Property Owner: Emile Nijmeh Location: 19997 Stevens Creek Boulevard Resolution No. 4476 (9-U-93) October 1 l, 1993 Page -2- --------------------------------------------------------------------------- --------------------------------------------------------------------------- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS The recommendation of approval is based on Site, Floor, Elevation and Sign Plans dated 10/11/93 of Application 9-U-93. 2. STATE LICENSE This Use Permit is subject to final approval and issuance of the State License from the Council for Private Postsecondary and Vocational Education. Proof of this final approval must be submitted to staff immediately following the November 30, 1993 expiration of the temporary State approval. 3. ORDINANCE NO. 1606 - MASSAGE ESTABLISHMENT AND SERVICES The applicant shall assure that the provisions of this Ordinance is upheld and promoted by said establishment. 4. APPROVED USES A private school is approved to conduct two programs; one in massage and one in acupressure as outlined in the applicant's August 6, 1993, letter. The hours of operation are limited to 7:00 a.m. to 11:00 p.m. daily, except Friday and Saturday evenings to 7:00 p.m., as determined by the Massage Establishment license hours. The applicant shall write a letter to the Code Enforcement Department requesting a change of hours from the e�sting Massage Establishment license hours. If future changes to the hours of operation are proposed the Code Enforcement Department shall be notified in writing. The number of students shall be limited to 6 at one time. No licensed Massage Therapist shall be permitted to supervise more than 4 persons who have been issued a Massage Therapist Trainee permit. Any interior or e�rterior remodeling, including sign placement, shall require a building permit to the determination of the Building Department. 5. PARKING The City of Cupertino recognizes a 13 parking space deficit at the Center. 6. SIGNAGE The applicant shall immediately hire a professional sign consultant to design a sign program for the Center which includes a sign for the applicant that meets the code and intent of the Sign Ordinance with regards to number of signs, color, material, size and text design. The sign colors shall be black, green or red. The applicant may have only one sign for his unit, unless an exception to the Sign Ordinance is granted by the Planning Commission under a separate exception application. The signage as shows on the elevation plan is not approved. Sta.ff shall coordinate with the applicant and a professional sign designer to complete a final sign subject to staff approval and a building permit. The new sign shall be installed within two months from this approval. Resolution No. 4476 (9-U-93) October 11, 1993 Page -3- � ----------- � PASSED AND ADOPTED this llth day of October, 1993, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Doyle, Mahoney, Roberts and Chairwoman Austin NOES: COMMISSIONERS: Bautista ( ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None � ATTEST: APPROVED: , , � Robert S. Cowan Donna Austin, Chairwoman , Director of Community Development Cupertino Planning Commission g:/mm/paesos/9u93 I I I �