Reso 422817-U-89
CITY OF CUPERTINO
10300 Torre Avenue
Lupertino, California 95014
RESOLUTION No. 4228
OF THE PLANNING O"USSION OF 4HE CITY OF CUPERTTNO
RE0314WDING APPROVAL OF A USE PE WT TO OPERATE A 790 SQ. FT.
DANCE STUDIO WIT11IN AN EXISTING SHOPPING CENTER
SEJCTION T• 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 net the burden of proof required to support
said application.; and
WH RFAS, 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
aoccm odate the proposed use.
c) That the proposed use will nut 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 arca general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious
to property and improvements in the neighborhood.
NOW, 'I[MUTORE, 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 suboonclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 17-U-89 as set forth in the Minutes of the Planning
Commission Meeting of November 27, 1989, and are incorporated by reference
as though fully set forth herein.
Resolution No. 4228 (17-U-89) 11/27/89
Page -2-
SEMON II: APPLICATION =5CRIPI'ION
Application No(s): 17-U-89
Applicant: 131h -Tau Sung
Property owner: Entle Nijmeh
Location: 14985 Stevens Creek Boilevard
SECTION III• CONDITIONS TO BE AEKIMSTERkD BY THE CLTTIUNITY DEVELOPMWr DEPT,
1. APPROVED EMLIBTTS
The recommendation of approval is based on the Site Plan and Floor Plan of
Application 17-U-89, except as may be amended by the conditions contained
in this Resolution.
2. USE LI=ATIONS
The subject use permit authorizes operation of an Boo sq. ft. dance studio
in an existing commercial center. 'Ihe hours of operation are from 9:00 a.m.
to 9:00 p.m. daily.
The class size shall be limited to 10 students and instructors. 'These
shall be a break between classes to minimize overlapping demand on par".
3. SIP= AND SIREEISCAPE IMPPOV MEWS
The property owner shall enter into an agreement with the City to implement
street and streetscape improvements as required by the Stevens Creek
Boulevard Conceptual Zoning Plan arra the Director of Public Works.
inVrovements shall include but are not limited to street dedication,
utility easements, street trees, undergrcunding of utility lines, and
reconstruction of curbs, gutters, and sidewalks. Said agreement shall be
approved by the Director of Community Development and the City Attorney,
and shall be recorded prior to issuance of an occupancy permit.
The agreement shall state that improvements are not required to be
installed until 25% or more of the floor area in the Center is involved in
a use permit application.
4. PAiIIC UIG SOLIM
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 est of the dance studio operation, the property owner
shall:
A) obtain approval from the Director of Com- unity Development of a scale
drawing depicting accurate layout of parking spaces on the premises.
B) After approval of the drawing, actually provide the spaces on the site.
The parking spaces shall be dimensioned to full ommpliance with City
Standards.
Resolution No. 4228 (17-U-89) 11/27/89
Page -3-
l::tiI o tA.ti1:.
Prior the dance studio opening for business, the property owner shall
construct masonry trash enclosures as needed to contain existing on site
dumpsters. 'Ihe 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 shall be
obtained frcm the Director of Cmm unity Development prior to construction.
Prior to commencement of the dance studio operation, the property owner
shall obtain approval of a sign program from the Architectural and Site
Approval Committee for the ommercial center. In conjunction, all illegal
signs within the venter shall be brought into conformance with the approved
sign program.
1 A1C IIIW ! 7-91:
ahe applicant shall sign an agreement to participate in reciprocal
ingress/egress easements with owners of adjoining properties. The agreement
shall provide that reciprocal access shall be inplemented at such time as
the adjoining property owner(s) is obligated by the City of Cupertinolto
participate in a similar agreement.
PASSED AND ADOPTED this 27th day of November, 1989 at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AXES: CCKIISSICNFRS: Claudy, Blaine, Mackenzie, Chr. Adam;
NOES: mwaSSICNERS: None
ABSTAIN: CmM4 SSIONERS: None
ABSFS7P: ca4MISSIONERS: None
Js/ Robert Cagan
Robert Cowan
Director of Planning
peresos\rsol7u89
/s/ Victor Adams
Victor Adam,, Chairman
Cupertino Planning Commission