Reso 299810-U-87
CITY OF CUPERTINO
10430 So. De Anza Boulevard
Cupertino, California 95014
RESOLUTION No. 2998
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
REOOMEMING APPROVAL OF A USE PERMIT TO OPERATE
A DRY CLEANING Fsrznr.ISHMENT WIMM AN EXISTING RETAIL CENTER
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 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, BE 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 subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 10-U-87 as set forth in the Minutes of the Planning
Commission Meeting of March 9, 1987, and are incorporated by reference as
though fully set forth herein.
RESOLUTION No. 2998 (10-U-87) 03/09/87
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No(s) 10-U-87
Applicant: Sung Tae Kim
Property Owner: Allen Byer and Marian Byer
Location: East side of De Anza Boulevard, approximately
225 ft. south of Silverado Avenue
Parcel Area (Acs): 4.8 net
SECTION IV: OJNDITIONS AE IINISTERED BY THE PLANNING DEPARTMEt7T
1. APPROVED EXHIBITS
That the approval is based on Exhibit A of Application 10-U-87 except
as may be amended by additional conditions enumerated herein.
2. USE LIMITATION
The subject Use Permit authorizes operation of a retail dry cleaning
establishment within a 2,500 square foot tenant space. Service shall
be limited to those items which are delivered to the premises by
retail customers only. Industrial cleaning and other bulk order
services are explicitly prohibited under this Use Permit.
3. SIGNS
Signing indicated on Exhibit A is not approved at this time, and shall
require separate permit review by staff or the Architectural and Site
Approval committee.
4. NOISE CONTROL
A) Hours of operation for the cleaning plant, pressing equipment and
laundry devices shall be limited to the period between 8 AM and 6
PM daily.
B) The rear doors of the tenant space shall remain closed at all
times during which cleaning and pressing equipment is in
operation. The compressor fan operating the steam generation
plant indicated on the floor plan shall be ventilated to the roof
to further attenuate noise impacts.
RESOLUTION No. 2998 (10-U-87) 03/09/87
Page - 3 -
® 5. PUBLIC IMPROVEMENTS
The property owner shall retain the option to immediately implement
various public improvements and provide payment of improvement fees
due the City of Cupertino as directed by the City Engineer, or to
record a covenant outlining the provisions of a deferrral agreement
for said improvements, in accordance with the City Council Policy
adopted April 7, 1986.
6. MODIFICATION OF APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and 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 changes may be certified on the revised plan. If
approval of said changes 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 changes are denied by the Planning Commission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission, 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 from the date of approval of said changes by the
Planning Commission.
PASSED AND ADOPrry this 9th day of March, 1987, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll-call vote:
AYES: COMMISSIONERS: Adams, Claudy, Szabo, and Chairman MacKenzie
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Sorensen
ATTEST: APPROVED:
Vdt4'^5tChliAlik
Robert Cowan Donald MacKenzie, &airman
Planning Director Planning Commission
•
RSOlOU(M-4)