Reso 306435-U-87
CITY OF CUPERTINO
10430 S. DE ANZA BLVD.
Cupertino, California 95014
RESOLUTION NO. 3064
OF TO PUMIW C30 S.SICU OF ME CITY OF CUPERIM
RE034M MING APPROVAL OF USE PERMIT TO OPERATE A
1,000 SO. FT. DRY CLEANING SHOP
SECTION I: FTNQI
F1HEFTM, 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, FORE, 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 reommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusicns upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 35-U-87 as set forth in the Minutes of the Planning
Comaissicni Meeting of July 27, 1987, and are incorporated by reference as
though fully set forth herein.
RESOLUPION 110. 3064 (35-U-87) 7/27/87
PAGE - 2 -
SECTION II: PROTECT DESCRIPPION
Application No(s) 35-U-87
Applicant: Sooctin Lee
Property Owner: Al Martin
Location: South side of Homestead Road, aaoroximately
350 ft. east of Grant Road
Pavement in the parking lot shall be repaired as necessary subject to
the approval of the. Public Works Department.
Wig-,• �� ar.�i��4�
Mw re=endaticn of approval is based on Exhibits A and A-1, except
as may be amended by the Conditions contained in this Resolution.
the subject Use Permit authorizes operation of a retail dry cleaning
establishment within a 1,000 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.
4. NOISE REPOFfP
The applicant shall provide a noise study evaluating consistency. of
the dry cleaning equipment with the City's Noise Ordinance and, if
necessary, outlining mitigation measures to bring the equipment into
conformity. Said noise study shall be provided prior to issuance of a
building permit. Mitigation measures may include a limitation on the
hours of operation of the equipment.
The applicant shall submit a landscape plan and parking lot restriping
plan, subject to the approval of the Architectural and Site Approval
o m¢mittee. The landscape plan shall include frontage landscaping
along Homestead Road, replanting of existing planters to incorporate
vertical growth, and addition of planters to provide relief in the
parking lot and at the southern end of the site. Curbing around
existing planters shall be repaired as necessary. the restriping plan
shall maximize the number of parking spaces. A minitm= of 41 spaces
(11 space deficit) shall be provided.
RES0IITI'i011 No. 3064 (35-U-87) 7/27/87
PAGE - 3 -
8.
YG: 1-M-11 �lii Yil
The existing trash enclosure adjoining Pacific steamer shall be
repaired and a new enclosure shall be constructed at the southern end
of the site. The location of the new trash enclosure is subject to
Architectural and Site Approval Committee review.
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 deferral agreement for
said niprovements, in accordance with the City Council Policy adopted
April 7, 1986.
Ilse applicant shall record an appropriate deed restriction and
covenant running with the land, subject to approval of the City
Attorney, obligating fixture and existing property owners to enter into
reciprocal ingress -egress agreements with adjoining properties to the
south and west at such time as said adjoining property owners can be
similarly obligated.
outdoor cleaning of equipment by the restaurants shall not be
permitted.
10. CONSOLIDATE ERIVfiFAYS
The applicant shall agree to consolidate driveways with the adjoining
westerly property owner at such time as the City can require the same
of said adjoining property owner. This conditions shall apply to the
westerly driveway only. The easterly driveway may be retained.
RESOLUTION NO. 3064 (35-U-87) 7/27/87
PAGE - 4I
ill
11. MODIFICATION OF APPROVED DEVELOPMENT PLAN
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 io 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 ADOPTED this 27th day of July, 1987 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: CO I SSIONERS: Adams, Claudy, Sorensen, Szabo and
Chairman Mackenzie
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Zitt"-i-LCUA c
Robert Cowan I Donal ckenzie,
Director of Planning Cupertino Planning 'ssion
RES35U87(SONIA)