U-1993-11bCitll of CuPertiHo
10300 Torre Avenue
Cupetino, CA 95014-3255
Telephone: (408) 777-33308
rAX (408) 777.3333
PLANNING DIVISION
March 15, 1994
Fit & Healthy Spa
% John Matthams
572 Lighthouse Avenue
Pacific Grove, California 93950
Subject: PLANNING COMMISSION ACTION LETTER -APPLICATION 11-U-93
This letter confirms the decision of the Planning Commission, given at the regular meeting of March
14, 1994, approving a use permit according to the enclosed copy of the Planning Commission
Resolution No. 4516.
Please note these conditions carefully. Subsequent submittal of materials for building permits or
other entitlements will be checked for compliance with the conditions listed in the Resolution;
discrepancies may result in processing delays. Please contact our office iryou 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.
Sincerely,
Michele Bjurman
Community Development Department
Enclosure
Resolution No, 4516
cc: Pacific Acquisition Corp.
9:\m to\Ietten\I t I I u93
11-U-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4516
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR A 4,800 SQ. FT. HEALTH CLUB IN AN
EXISTING SHOPPING CENTER
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit,
as described on Page I 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.
e) That the Chec report has concluded that the use will not create any additional hardship with regard to
parking impact because the business closes prior to the centerwide peak parking demand.
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 approved contingent upon the approval and effective
date of the rezoning and 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 11-U-93 as set forth in the Minutes of
the Planning Commission Meeting of March 14, 1994, and are incorporated by reference though fully set
forth herein.
Application No.: 11-U-93 and 10-EA-93
Applicant: Fit & Healthy Spa
Property Owner: Pacific Acquisition Corp.
Location: 21267 Stevens Creek Boulevard (The Oaks)
Resolution No. 4516 11-U-93 March 14, 1994
Page-2-
I. APPROVED F.XHIRITS
The approval is based upon the Cliec parking study of February 1994, Site Plan dated 9/28/93 and
floor plan option l or 2 dated 12/3/93.
2. USE LIMITATIONS
A 4,800 sq. ft. health spa is approved. The hours of operation are limited to 7:00 AM - 9:00 PM
daily.
If future parking overflow occurs, the Planning Commission reserves the right to require the Oaks
Center management develop a parking management program to assure no overflow parking will
occur. Specific methods may include a parking voucher system limiting parking stays at the center.
PASSED AND ADOPTED this 14th day of March, 1994, at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris, Roberts and Vice Chairman Doyle
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chairman Mahoney
ATTEST:
/s/ Robert S. Cowan
Robert S. Cowan
Director of Community Development
glmm/perosos/11 u93
APPROVED:
/s/ David Doyle
David Doyle, Vice Chairman
Cupertino Planning Commission
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APPROVED
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