Reso 41461-U-89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4146
OF THE PIANNING COMMISSION OF THE CITY OF CUPEI M40
RECC140MING APPROVAL OF A USE PERMIT TO OPERATE
A DANCE STUDIO WTIIIN 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
LMEAS, 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
acaommdate 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 1-U-89 as set forth in the Minutes of the Planning
Commission Meeting of March 27, 1989, and are incorporated by reference as
though fully set forth herein.
Resolution No. (1-U-89) 3/27/89
Page - 2 -
APPLICATION NO (s): 1-U-89
APPLICANT: YathyIs School of Dance
PROPETTY OWNER: Seet AH M Trustee
LOCATION: Tenant space within the commercial center located
on the north side of Bollinger Road, west of De
Anza Boulevalti
SECTION III: CONDITIONS TO HE ADMWISTERED BY THE CONIrIIJNITY DEVELOPI�NP
DEPARITtENT
1. APPROVED EXHIBITS
The recarmerdation of approval is based on Studio Floor Plan and Site
Plan exhibits of Application 1-U-89, except as said exhibit may be
�- amended by the Conditions contained in this Resolution.
2. USE LUffTATION
The subject use permit authorizes operation of a 1,750 sq. ft. dance
studio at the west corner tenant space. The hours of operation will
be Monday through Friday 9:00 AM to 9:30 PM and Saturday mornings 9:00
AM to 11:30 AM. The maxinnun number of students on the premises at any
given time shall not exceed 20. No adult classes shall be conducted
between the hours of 3:30 PM to 6:30 PM, Mornay through Friday.
The parking need for the dance studio is 15 parking spaces for each
double session.
3. PARKING SOILITION
The subject use permit is approved with the understanding that
insufficient parking and spaces are available on the site to serve the
proposed studio. Prior to cormmencenent of the dance studio operation,
the property owner shall:
A) Remove the existing canto container and shed roof canopy at
the rear of the building.
B) Obtain approval from the Director of Community Development of
a scale drawing depicting accurate layout of parking spaces on
the premises.
C) After approval of the drawing, actually provide the spaces on
the site. The parking spaces shall be dimensioned to full
compliance with City Standards.
Resolution No. (1-U-89) 3/27/89
Page - 3 -
906/-l1O W It� aN� a. a is
Tho applicant shall sign an agreement to participate in reciprocal
ingress/egress easements with owners of adjoining properties. Zhe
agreement shall provide that reciprocal access shall be implemented at
such time as the adjoining property owner(s) is obligated by the City
of Cupertino to participate in a similar agreement.
5. TRASH FNCID6[JRE
Prior to the dance studio opening for business, the property owner
shall construct masonry trash enclosures as needed to contain existing
on site dumpsters. The trash enclosures shall include wood gates; a
chain link and redwood slat gate is specifically precluded.
Final approval of materials and location for each trash enclosure
L. shall be obtained from the Director of Cmaunity Development prior to
construction.
PASSED AND ADOPTED this 27th day of March, 1989, at a Regular Meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: CONAIISSIONERS: Claudy, Mackenzie, Sorensen, Szabo and
Chairman Adams
NOES: CCQMII.SSIONERS: None
ABSTAIN: OCH IISSIONERS: None
ABSENT: COLMdISSIONERS: None
/s/ Robert Cowan /s/ Victor Adams
Robert Cowan Victor Adams, Quairnan
Director of Camminity Development Cupertino Planning Commission
resos\res1u89(2)