Reso 4381 ' 10-U-91
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RFSOLITPION No. 4381
OF THE PL�ANNING G�IISSION OF THE CITY OF CUP�I'INO
�NII�IDING APPROVAL OF A USE PII2NaT FOR AN ON-PRFI�IISFS
LAUNDRY AND DRY CLEANING BUSINFSS
SF]CI'ION I • FIl�TDINGS
WI�2FAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 1 of this Resolution; and
WI�2EA..S, the applicant has met the burden of proof required to support said
application; and
WfiERE'AS, the Planning Commission firids that the application meets the
following requirements:
- The project site is in conformance with the Traffic Intensity
Performance Standard.
- The proposed use is in conformance with the General Plan and Zoning
designation for this site.
- The use of perchlorethylene will only be allowed if the chemical is
�sed within a"closed loop" machine and if the Bay Air Quality
Management District issues a��it based upon air emissions not
exceedirig cancer causing levels.
NC7W, 'I�iIIZEF�ORE, BE IT RESOLUID:
That after careful consideration of maps, facts, exhibits, testimony and other
evidenc� su�anitted in this matter, the application for Use Permit is hereby
rec�rnnended for approval, subject to the conditions which are en�rated 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 Hearing record concerning
Application 10-U-91 as set forth in the Minutes of the Planning Conunission
Meeting of November 12, 1991, and are incorporated by reference as though fully
set forth herein.
S�CI'ION II • PRQT�I' DFSCRIPTION
Application No(s): 10-U-91 and 15-EA-91
Applicant: Holiday Cleaners of America
Property Owner: 'I'CW Realty F'�uid III Holdinq Co.
Project L�ocation: Stevens Creek B1vd.fPortal Avenue
Resolution No. 4381 (10-U-91) 11/12/91
Page -2-
SDCI'ION III: CONDITIONS ADNIINISTERID BY THE CONIlKUNITY DEVETAPMIIV`I' DEPAR'iN�V'I
1. APPROVID F��BITS
The approval is based on the Site Plan and Floor Plan dated 8/12/91 of
Application 10-U-91 except as may be amexyded by the conditions contained
herein.
2. MODIFICATION OF APP`ROVID DEVELO�Fr PLAN
In the event that the applicant or subsequent property owner shall desire
to make any minor charx�es, altexations or amer�nent of the appraved
development plan, a written request or revised develo�anent plan shall be
sukgnitted to the Director of Coirnnunity Development. If the Director makes
a finding that the changes are minor and do not result in a material
affect upon the appearance or function of the project, said c.hanges may be
certified on the revised plan. If approval of said chailges is withheld,
the applicant may appeal to the Planning Commission.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning Commission for approval. If the
c�v are denied by the Planning Co�nnission, the applicant may appeal to
the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Cammission, an appeal may be
made to the City Council by any interested party. Further, any Member of
the City Council may request a hearing before the City Council regarding
said approved changes. Said request shall be made within ten (10) days
fr�t the date of approval of said changes by the Planning Ccm�unission.
3. TRIP OONSTRAIl�Fr
Iand Use intensity shall be limited to an intensity that will not generate
more than sixteen (16) on way trips pPx acre during the p�ak traffic hour.
For purposes of ensuring compliance with the Traffic Intensity Performanoe
Standard, the following accounting of trips is hereby incorporated into
the project approval:
TRIPS GII�TE�2ATID BY PRC�TECT: 150.18 Trips
TRIPS AL�LiOCATID 'PO PRO�TECI' SITE: 158.5
SURPLUS TRIPS: 8.32
In the event that a development does not utilize the full 16 trips per
acre allotted by the trip end performance standard, the owner of reoord
shall have the ability to retain, sell or transfer trips with ather
property vwners within the Traffic Intensity Performance Standard Area.
All sales or transfers of trips shall be filed with the Director of
Planning and Development and the City Clerk. No sale or transfer shall be
oonsidered finally consimunated until a Use Permit has been approved for
the property to which the trips are to be applied.
Re.solution No. 4381 (10-U-91) 11/12/91
Page -3-
The developer shall provide proof that a covenant was reoorded describing
the trip acre constraint and the total nwnber of trips allocated to the
particular development prior to occupation.
4. USE QONSTRAINT
Hours of operation shall conform to the City of Cupertino Municipal Cbde
c.�m�rcial hours. No deliveries or drop-offs are allowed to the rear of
the property. The back door must remain closed at all t�mes. Only a
"closed loop" dry cleaning mac,hine is allc�wed. The space must have an
operating air conditioner. If in the future, a wholesale dry cleaning
op�ration is wanted, a separate use permit must be obtained.
5. PARI�G
The Planning Catrnnission reserves the right to initiate a public hearirig to
require restriping of the parking lot by 50o campact upon reoeipt of
cxmiplaints within the first year of operation or restrict the businesses
hours of operation. All parking shall be held in car►mion. No resesved
parking spaces for any tenants is allawed.
6. BAY ARFJA AIl2 QUALITY MANAGII�P DISTRICT
The applicant is required to obtain a B�MQD permit regarding the
regulation and use of chemicals into the atmosphere prior to ooc.�upation.
Particular attention shall be applied to the use of perchlorethylene.
7. FIRE S�AFETY REX2UIl2II�1'I'S
Concurrently with review of building permits, the applicant shall
demonstrate compliance with fire safety equipment requirements related to
the hazardous materials as specified by the City in concurre.nce with
Central Fire Protection District.
8. NOISE
Any machinery, blowers or other ea�ternally mounted equipment shall not
create a decibel level exceedirig those outlined in Sec.-tion 10.48.040 of
the Cupertino Municipal Code.
PASSID AND ADOPTID this 12th day of November, 1991 at a R�gular Meeting of the
Planning Connnission of the City of Cupextino by the follawing roll call vote:
AYES: C�NIl�SSIONERS: Austin, Fazekas, Mahoney
NOFS: C�OPM�SSIONERS: Mann, C�airman Mackenzie
ABSTAIN: G�OPM�SSIONERS: None
ABSII�T: C�ON�SSIONII2S: None
ATT'FS'r: APPROVID:
� ��� �� �
Robert Cowan Donald Ma enzie, irman
Director of Planning Cupextino Planning 'ssion