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Reso 309950-U-87 CITY OF CUPERTINO 10430 S. De Anza Boulevard Cupertino, California 95014 RESOLUTION NO. 3099 OF THE PIANNIM =MWICK OF THE CITY OF CUPERr1 0 RE(XHMENDIM APPF40VAL OF A USE PEST TO OPERATE A DRY CLEANING E5VUKI.SfdM M WITH ON -PREMISE C EANIM PLANT WTIHIN AN F=ING RETAIL CTMER 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 Vana EAS, the applicant has met the burden of proof required to support said application; and mmma.S, the Planning Commission finds that the application meets the following requirements: a) that the use or uses are in ccnformannoe 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 acccamcdate 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) Zhat the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persorm residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. NOW, THMUFUFiE, HE IT RESOLVED: Innat after careful consideration of maps, facts, exhibits, testinmiy and other evidence subaitted 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 subcornclusicns upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 50-U-87 as set forth in the Minutes of the Planning Commission Meeting of October 50-U-87, 1987, and are•inocrporated by reference as though fully set forth herein. MOLUrZON NO. 3099 (50-U-87) 10/26/87 PAGE - 2 - Application No(s) 50-U-87 Applicant: Dry. Clean USA Property Owner:yidavich, et. al. Location: North side of Stevens Creek Boulevard, east of De Anza Boulevard The recommendation of approval is based on Mbibits A and A-1 of Application 50-U-87, except as may be amended by the Conditions oantained in this Resolution. The subject Use Permit authorizes 1,400 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. A) Hours of operation for the cleaning plant, pressing equipment and laundry devices shall be limited to the period between 7 AM and 7 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. 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. RESOLUTION NO. 3099 (50-U-87) 10/26/87 PAGE - 3 If the Director finds that the requested changes are material, such � g 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 ADOPTED this 26th day of October, 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, Sorensen, Szabo, Chairman Mackenzie NAYS: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Claudy ATTEST: APPROVED: DAC?flAreAll". Robert Cowan Donald-Mackenzierriairman Director of Planning Cupertino Planninomomission RES50U87(M7)