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Reso 4419 7 U 92 C I T Y O F C U P E R T I N O 10300 Torre Averiue Cupertino, California 95014 RE50L�TI'ION No. 4419 OF 'IHE PIANNING OC�M�SSION OF 'IHE CITY OF CUPERZ'INO R�OONIl�iDING APPROVAL OF USE PEE�T to allaw an 1, 800 square foot on premise dry cleaning business in an existing retail building. SF]CTION I • FIl�IDINGS WI�RE'AS, the Planning Ccmunission of the City of C'�ipertino received an application for a Use Per�mit, as desGribed on Page 2 of this Resolution; and WI�'AS, the applicant has met the burden of proof required to support said application.; and Wf-IERF'�A,S, the Planning Co�ranission finds that the application meets the follvwing requirements: 1 a) That the use or use.s are in conformanae with the General Plan of the City of Cupertino, and are nat detrimental to existing uses or to uses specifically ��;tted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accotmnodate 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, ��ORE, BE IT RESOLUID: � That after careful oonsideration of maps, facts, exhibits, testimony and other evidence sukamitted in this matter, the application for Use Permit is hereby rec�tnnerided for approval, subject to the conditions which are ernmterated in this Resolution beginning on Page 2 thereof; and � 'I�at the subc.onclusions upon which the f indings and coriditions specif ied � in this Resolution are based and contained in the Public Hearing reoord concerning Application 7-U-92 as set forth in the Minutes of the Planning ' Conmiission Meeting of September 14, 1992, and are incorporated by reference as thaugh fully set forth herein. R��olution No. 4419 (7-U-92) Sept.ember 14, 1992 Page -2- � SDGTION II: O�NDI'IZONS Anproved Uses ' The subject Use Permit approves a retail dry cleaning facility oocup�ying a space of 1,800 square feet. The haurs of operation and deliveries shall conform to the City of Cupertino Municipal Code. Only a"clo�.�ed loop" dry cleaning machine is allawed. S?5� The property vwner shall apply and receive approval for a center wide sign program. The tenant must conform to this program prior to occupation. ' Roof Mounted Dquipment All roof mounted equipment must sit cc�letely belvw the roof line (not visible), as depicted in the elevation plan dated August 26, 1992. � o'se N � Prior to issuance of a building permit for interior imprwements an acoustical , report, frcan a staff appraved noise consultant, shall be generated. The report shall confirm that the equipment will nat generate a noise level exceeding the Municipal Code for all adjoining land uses. If it is shvwn that the noise level exceeds the Municipal Code max�, then the equipanent shall be placed within a staff approved enclosure to bring the noise level into conformance. This enclosure may not be visible frarn adjoinirx� propexties and shall not protrude above the roof line as reflected in the elevatian plan. If these objectives of visibility cannot be achieved the equi�anent shall be located within the interior of the structure. Hazardous Materials The following must be provided prior to issuance of the building permit and prior to occupancy: 1. Valid ��►it from Bay Area Air Quality Management District (BAAQ�ID). 2. Central Fire Protection District pexmits for all fire safety and hazardous ' materials contairnnent. 3. Valid permit froom the State Depart�ne.nt of Toxics for the mobile oe�any transporting the filter frcan the closed loop machine. Resolution No. 4419 (7 U 92) September 14, 1992 Page -3- PASSID AND ADOPTID this 14th day of Septemb�r, 1992 at a regular meetirig of the Planning Cca�nnission of the City of Cupertino, State of California, by the following roll call vote: AYES : N��ERS : Austin, Maakenz ie, Mahorley NOES: N��F�2.S MaI'lil� C.h�irman Fazekas ABSTAIl�1: N��ERS ABSEN'I': N��ERS AT1�.P: APP�VID: � /� Robext Ccxaan Daryl Faz , Chairman Dir. of Cct�urninity Developanent Planning Ccmunission �sos/RS�2