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U-1987-10bCitm Of Cupertino 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK March 31, 1987 Sung Tae Kim 20568 Stevens Creek Boulevard Cupertino, CA 95014 CITY COUNCIL AMON - APPLICATION 10-U-87 - SLING TAE KDi P.O. Boa SW Cupertino, California 95015 INTERIM CITY HALL 10433 S. DeAn2a Blvd. ;:`, CA 95014 This will confirm the action by the City Council at their meeting of March 16, 1987 at which your Application 10-U-87 was approved per Planning Cormnission Resolution No. 2998. The expiration date of the use permit is March 16, 1989 (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, r, DOROM COFO E S CITY CLERK encl. cc: Department of Planning and Development Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard 04mrtino, CA 95014 Byer, Allen G. & Marian 66 Potrero Ave. San Francisco, CA 94103 mun Kyu Lee 1211 Park Ave. San Jose, CA 94126 10-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. P[JBQC 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 DEVELDR101T 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 Ccnmiission, 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 charges. 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 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: CU-1IISSIONERS: Adams, Claudy, Szabo, and Chairman MacKenzie NAYS: CO09SSIONERS: None ABSTAIN: CCH41SSIONERS: None ABSENT: C H IISSIONERS: Sorensen ATTEST: APPROVED: /s/ Robert Cowan /s/ Donald Mackenzie Robert Cowan Donald MacKenzie, Chairman Planning Director Planning Ccamnission RS01OU(M-4) l PLAN^IiNG CITY OF CUPF 11 T��IM10 APPLICATION NO.) "y r 01 EXHIBIT PIC RESOL 0 NO.._------ v.�YI. O v � 9FrI- 1, �O o El CaOSTlflfi T IiclolLeT 1 — e'•4' 7 awy„a: a.aM r.a rs 9/O1Y O O O NAfl1 IUIT lIRW� a1T4MU' � �1 bJ1D Q O O O O O O �1re NK MAOC; Q FLOOR PLAN 4I _ l a .a,. —,. I•J ,97 ��•1 MK fI0116� CO— 3 � B�LLINCCR �,D (� SITE PLAN rw-r To sruL.[s 7.7fl Sc M's Cu..m So— 1.4 fl. 106M CR A.I. BO-1-0 Clst-11W. 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