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U-1993-09bCities of Cupertino 103M Torre Avenue Cupertino, CA 95014-3255 Telephone: 1408) 252.4505 ' - FAX: 14081 252-0753 DEPARTMENT OF THE CITY CLERK December 13, 1993 Peter Hou 13282 Pierce Road Saratoga, California 95070 CITY COUNCIL ACTION - APPEAL OF PLANNING COMMISSION ACTION REGARDING SIGNAGE FOR APPLICATION 9-U-93, PACIFIC COLLEGE OF ACUPRESSURE MASSAGE LOCATED AT 19997 STEVENS CREEK BOULEVARD At their regular meeting of December 6, 1993, the Cupertino City Council directed that staff meet with you and Mr. Emile Nijmeh, the owner of the property located at 19997 Stevens Creek Boulevard to discuss the issue of sign color and responsibility for the sign program. In addition, Council determined that Condition No. 6, Signage, of Planning Commission Resolution No. 4476, shall be deleted from the conditions of approval. I have enclosed a copy of the modified conditions of approval of Application No. 9-U-93. If you have any questions or need additional information, please contact the Department of Community Development. Sincerely, KIM MARIE SMITH CITY CLERK KS/cs cc: Department of Community Development Pacific College of Acupressure Department of Public Works 19997 Stevens Creek Blvd. Cupertino, CA 95014 : • I The recommendation of approval is based on Site, Floor, Elevation and Sign Plans dated 10/11/93 of Application 9-U-93. 2. STATE L.IC£NSE This use permit is subject to final approval and issuance of the State License from the Council for Private Postsecondary and Vocational Education. Proof of this final approval must be submitted to staff immediately following the November 30, 1993, expiration of the temporary state approval. • 0 " WE'lael 36ccels- r , u . O to l oleo W . ►11 The applicant shall assure that the provisions of this Ordinance is upheld and promoted by said establishment. 4. APPROVED USES A private school is approved to conduct two programs; one in massage and one in acupressure as outlined in the applicant's August 6, 1993, letter. The hours of operation are limited to 7:00 a.m. to 11:00 p.m. daily, except Friday and Saturday evenings to 7:00 p.m., as determined by the massage establishment license hours. The applicant shall write a letter to the Code Enforcement Department requesting a change of hours from the existing massage establishment license hours. If future changes to the hours of operation are proposed, the Code Enforcement Department shall be notified in writing. The number of students shall be limited to six (6) at one time. No licensed massage therapist shall be permitted to supervise more than four (4) persons who have been issued a Massage Therapist Trainee permit. Any interior or exterior remodeling, including sign placement, shall require a building permit to the determination of the Building Department. The City of Cupertino recognizes a 13 parking space deficit at the Center. WWI City of Cuperti110 10J00 Tone Avenue Cupmtino. CA 95014-3255 Telephone: (400) 252.4505 rA%: (4W) 252.075.3 COMMUNITY DEVELOPMENT October 12, 1993 Peter Hou 13282 Pierce Road Saratoga, California 95070 Subject: PLANNING COMMISSION ACTION LETTER - APPLICATION 9-U-93 This letter confirms the decision of the Planning Commission, given at the regular meeting of October 11, 1993, approving a use permit according to the enclosed copy of the Planning Commission Resolution No. 4476. Please note these conditions carefully. Subsequent submittal of materials for building permits or other entitlements %vill be checked for compliance with the conditions listed in the Resolution; discrepancies may result in processing delays. Please contact our office if you have questions about this matter, Please be aware that an appeal of this decision can be made within fourteen working days of the decision. If this occurs, you will be notified of a public hearing which will be scheduled before the City Council. R �rman Community Development Department Enclosure Resolution No. 4476 g:WmVe11crs\I19u91 9-U-93 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4476 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR AN ACUPRESSURE/MASSAGE SCHOOL SECTION 1: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 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 arc 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 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: Tliat aflcr 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 arc 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 9-U-93 as set forth in the Minutes of the Planning Commission Meeting of October 11, 1993, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 9-U-93 Applicant: Peter Hou Property Owncr: Emile Nijmeh Location: 19997 Stevens Crock Boulevard Resolution No. 4476 (9-U-93) October 11, 1993 Page -2- SECTION I1I• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT 1. APPROVED EXHIBITS The recommendation of approval is based on Site, Floor, Elevation and Sign Plans dated 10/11/93 of Application 9-U-93. 2. STATE LICENSE This Use Permit is subject to final approval and issuance of the State License from the Council for Private Postsecondary and Vocational Education. Proof of this final approval must be submitted to staff immediately following the November 30, 1993 expiration of the temporary State approval. 3. ORDINANCE NO 1606 - MASSAGE ESTABLISHMENT AND SERVICES The applicant shall assure that the provisions of this Ordinance is upheld and promoted by said cstablisluncnt. 4. APPROVED USES A private school is approved to conduct two programs; one in massage and one in acupressure as outlined in the applicant's August 6, 1993, letter. Ilic hours of operation are limited to 7:00 a.m. to 11:00 p.m. daily, except Friday and Saturday evenings to 7:00 p.m., as determined by the Massage Establishment license hours. The applicant shall write a letter to the Code Enforcement Department requesting a change of liours from the existing Massage Establishment license hours. If future changes to the hours of operation are proposed the Code Enforcement Department shall be notified in writing. The number of students shall be limited to 6 at one time. No licensed Massage Therapist shall be permitted to supervise more than 4 persons who have been issued a Massage Therapist Trainee permit, Any interior or exterior remodeling, including sign placement, shall require a building permit to the determination of tlnc Building Department, 5. PARKIN G The City of Cupertino recognizes a 13 parking space deficit at the Center. 6. SIGNAGE The applicant shall immediately hire a professional sign consultant to design a sign program for the Center which includes a sign for the applicant that meets the code and intent of the Sign Ordinance with regards to number of signs, color, material, size and text design. The sign colors shall be black, green or red. The applicant may have only one sign for his unit, unless an exception to the Sign Ordinance is granted by the Planning Commission under a separate exception application. The signage as shows on the elevation plan is not approved. Staff shall coordinate with the applicant and a professional sign designer to connplctc n final sign subject to staff approval and a building permit. The new sign shall be installed within two months from this approval. Resolution No. 4476 (9-U-93) October 11, 1993 Page -3- PASSED AND ADOPTED this Ilth day of October, 1993, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Doyle, Mahoney, Roberts and Chairwoman Austin NOES: COMMISSIONERS: Bautista ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: Is/ Robert S. Cogan id Donna Austin Robert S. Cowan Donna Austin, Chairwoman Director of Community Development Cupertino Planning Commission TREATMENT TREATMENT TREATMENT ROOM I ROOM 2 ROOM 3 WATER HEATS( um:N C!)SET Room IALLWAY rC1 JUTC1 EN -A -� ARI 43ATHROW1 CLOSE _71p RECEPTION CLASSROOM AREA OFFICE NORTH APP110VED COUNCIL ARCH. & 511F CONTROL Slrjlicd Date PacificCollege of Acupressure Massage Floor Plan Or . q5v to I MI C' WHITE e Sao" FNtas�aG , Paclrlc RLV O;.LEGE I I'A IN r -11) ilIDL3:3Z. 7'-3� M m J�J.. ��J7 -•.J, APPROVED CITY COUNCIL .d Dale_- UUIL . I'llc1i. Signed Date