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U-1987-35b%t CitN of CWperti»o 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252.4505 DEPARTMENT OF THE CITY CLERK August 6, 1987 Soogin Lee 5399 Colony Green San Jose, CA 95123 P.O. Boa 580 Cupertino, California 95015 CITY COUNCTL ACTION - APPLICATION 35-U-87 - Het EMW ROAD This will confirm the action by the city Council at their meeting of August 3, 1987 at which your Application 35-U-87 was approved per the following conditions: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARIMQJr 1. PARKING LOT PAVEMENT Pavement in the parking lot shall be repaired as necessary subject to the approval of the Public Works Department. CONDITIONS ADMINISTERED BY THE PLANNING DEPAi7IMENP 2. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A and A-1, except as may be amended by the Conditions contained in this Resolution. 3. USE 11MATION 4he 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 custcaliers only. Industrial cleaning and other bulk order services are explicitly prohibited under this Use Permit. 4. NOISE REPORT The applicant shall provide a noise study evaluating consistency of the dry cleaning equipment with the cityls 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. 5. LANDSCAPING The applicant shall submit and implement a landscape plan and parking lot restriping plan, subject to the approval of the Architectural and site Approval Committee. 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 rnmiber of parking spaces. A minimum of 41 spaces (11 space deficit) shall be provided. The parking lot shall be slurry sealed prior to restriping. The applicant shall install said landscaping and parking lot improvements prior to building permit or shall post a security in an amount equal to the estimated cost of carpletion of said improvements. The Director of Planning and Development shall determine the amount of the security, and the City Attorney shall approve the form of the security. 6. TRASH ENCIDSURFS 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. 7. PUBLIC I104�OVEI+ffSrPS 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 improvements, in accordance with the City Council Policy adopted April 7, 1986. B. INGRESS/DGRESS EASFS�NI5 The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, obligating future 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. ODNSOLSDATE DFLiVES�►YS 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 condition shall apply to the westerly driveway only. The easterly driveway may be retained. 11. MODIFICATION OF APPROVED DEVEIAPMEU 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 rakes a finding that the charges are minor and do not result in a material affect upon the appearance or function of the project, said charges 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 firths that the requested changes are material, such changes shall be referrer 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. FLuther, 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. Tie expiration date of the use permit is August 3, 1989 (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). in (^y, DOF2L7M ODR M=S, CMC CITY CLERK cc: Department of Planning and Development Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 Al Martin 110 Fussell Portola Valley, CA 94025 Ilya Jong Lee ' 1739 W. San Carlos San Jose, CA 95128 35-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. RESOLUPION NO. 3064 (35-U-87) 7/27/87 PAGE - 4 - 11. MODIFICATION OF APPROVED DEVELUPMFJT 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 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 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: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo and Chairman Mackenzie NOES: COMMISSIONERS: ABSTAIN: COMSSIONERS: ABSENT: COKIISSIONERS: ATTEST: APPROVED: /s/ Robert Cowan /s/ Donald Mackenzie Robert Cowan Donald Mackenzie, Chairman Director of Planning Cupertino Planning Ccamnission RES35U87(SONIA) REVISED CONDITIONS - 35-U-87 Mm applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, €er a13; pareels . -t;.eh 1 > <., CIAWS or . outdoor cleaning of equignent by the restaurants shall not be permitted. eASTi NG (, BATH ROOM s 0 E [E] N SEWiNG MACKNE 5Cc) ""T)S' NVE/0R)CLOTI E))HBAANGR SRT MC�E F) BD;LER (3) PRESSER I-1) D R`/ E R I) WASHER EXiSTJG_ CONDO. z VICINITY MAP 35-U-87 Ex. A 7/7/87 0 THiLL DRY C_EANER.