Reso 2952 APPLICATION: 27-U-86
CITY OF CUPERTINO
10300 TOLLe Avenue
Cupertino, California 95014
RESOLUTION NO. 2952
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO
OPERATE AN APTROXIMATELY 1,680 SQ. FT. TANNING SALON
WITH 14 TANNING STATIONS
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(s) 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 tusPs 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 propossed use.
c) That the proposed use will not generate a level of traffic over
and beyond that of the capacity of the existing street system.
d) That the proposed usP is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed use, nor injurious to
property and improvements in the neighborhood.
NOW, ARE, 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
RESOLUTION No. 2952 (27-U-86) 09/8/86
Page -2-
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 27-U-86 as set forth in the Minutes of the Planning
Commission Meeting of September 8, 1986, and are incorporated by reference
as though fully set forth herein.
SEcrION II: APPLICATION DESCRIPTION
Application No(s) 27-4J-86
Applicant: Executan, A Tanning Salon
Property Owner: Thornwood Associates
Location: Southeast corner of Homestead Road and Stelling
Road (Homestead Square Shopping Center)
SECr'ION III: CONDI IONS
1) APPROVED EXHIBI'1s
The recommendation of approval is based upon Exhibits A and A-1 of
Application 27-4J-86.
2) AUTHORIZED USE
The subject Use Permit authorizes operation of an approximately 1,680
sq. ft. tanning Ga1on with 14 tanning stations and associated tanning
equipment. The tanning salon use is deemed to be consistent with the
health club use specified within Planning Commission Resolution No.
1968. This use permit does not authorize any use regulated by the
Adult-Oriented Commercial Activities Ordinance (Ordinance No. 802) .
3) PARKING AGREEMENT
The subject Use Permit is conditioned upon the continued viability of
the reciprocal parking agreement recorded in the records of Santa
Clara County, June 16, 1975, #5030702. Should said agreement be
revoked, cancelled or be declared void for any reason, the Use Permit
may be subject to review and amendment.
4) PARKING MANAGEMENT
The applicant shall encourage employees to park in the easterly
parking lot during business hours.
5) HOURS OF OPERATION
The operating hours shall be limited between 6 a.m. - 11 p.m. The
hours of operation may be curtailed if parking demand exreecis supply
on site. The Planning Commission may evaluate the status of on site
parking informally and modify hours of operation, as an item of
Unfinished Business on their agenda. The Commission's actions may be
appealed to the City Council and provided in Ordinance 652.
RESOLUTION No. 2952 (27-U-86) 09/8/86
p Page -3-
PASSED AND ADOPTED this 8th day of September, 1986, 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, MacKenzie, and Chairman Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Sorensen
ATTEST: APPROVED:
/s/ Robert Cowan /s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission
RES27U86(pamII)lvm