U-1989-17bCity of CNperti►io
10100 Torre venue P.O. Box 580
Cupanino. Cahlnr nia 95014 Cupertino, California 95015
T elephone, (408) 151-4505
December 7, 1989
Bih-r.rau Sung
19985 Stevens Creek Blvd.
Cupertino, CA 95014
CITY COUNCIL ACTION - APPLICATION 17-U-89 - USE PEM4rT TO OPERATE A 790
SQ. FT. DANCE STUDIO WMIN AN EOQSPIM SHOPPIM CENM - 19985 STEVENS
CREEK BOULEVARD
This will confirm the action by the City Council at their meeting of J
December 4, 1989 at which the subject application was approved per the
following conditions:
•• Is MM• • :1 1• 1 071• il• 1 ••: Ot • - IOf �:1•
1. APPROVED EXHIBITS
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 L=ATIONS
The subject use permit authorizes operation of an 800 sq. ft. dance
studio in an existing ocmnetcial center. The 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. There
shall be a break between classes to minimize overlapping demand on
parking.
3. STREET AND STREBTSCAPE IMPROVII4ElIS
The property owner shall enter into an agreement with the City to
i1Tiplement street and streetscape improvements as required by the
Stevens Creek Boulevard Conceptual Zoning Plan and the Director of
Public Works. Improvements shall include but are not limited to street
dedication, utility easements, street trees, undergrounding of utility
lines, and reconstruction of curbs, gutters, and sidewalks. Said
agreement shall be approved by the Director of Comminity 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. PARKING SOL Mou
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 commencement of the dance studio operation,
the property owner shall: y
A) obtain approval from the Director of Camtmity 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
ocmpliance with City standards.
5. TRASH INCTDSURE
Prior 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
shall be obtained from the Director of Ccammanity Development prior to
construction.
6. SIGN PROGRAM
Prior to co merx want of the dance studio operation, the property
owner shall obtain approval of a sign program from the Architectural
and Site Approval Ccotmnittee for the commercial center. In conjunction,
all illegal signs within the center shall be brought into conformance
with the approved sign program.
7. FLIIURE INGRFSVEGRESS EASEFffNIS
The 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 implemented at
such time as the adjoining property owner(s) is obligated by the City
of Cupertino to participate in a similar agreement.
Please review conditions carefully. If you have any questions regarding
the conditions of approval please contact the Department of Commmnity
Development staff menbers far clarification. F!ail.ure to incaq sate
conditions into yaw plan set will result in delays at the plan checking
stage. If development conditions requite tree preservations, do not clear
the site until required tree protection devices are installed. �.
The expiration date for the use permit is December 4, 1991 (Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
Sincerely,
4-th-at", &�'-&A- 4t__
DOROM COR n=S, amc
CITY CLERK
cc: Department of Community Development
Department of Public Works
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Tai-Mong Sung
817 Tamarack Lane
Sunnyvale, CA 94086
Mr. Emile Nijmeh
10070 N. Blaney Ave.
Cupertino, CA 95014
17-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 1; 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 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, '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-Pau Sung
Property owner: Entle Nijmeh
Location: 19985 Stevens Creek Boulevard
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 and 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:I
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 Community 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 A1; 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 Cupertino�to
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
Isl Robert Cagan
Robert Cowan
Director of Planning
peresos\rsol7u89
/sl Victor Adams
Victor Adam,, Chairman
Cupertino Planning Commission
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