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PC Reso 371 So,ovo.6 10-u-66 �-u-66 RESOLUTION N0. 371 OF THE PLANNING COMMISSION OF THE CSTY 4F CUPER'I'INO DENYING THE GRANTING OF A USE PERMIT for a child day care center. APPLICANT: Roy K. & Andrew K. Hiram (Merry Times Nursery) ADDRESS: 1758 Andrea Pl.ace, Santa. Clara SUBMITTED August lg, 1966 LOCATION: 10312 Blaney Avenue ZONE: R1-10 AREA: 1/�+ acre --•-------------------------------------------------------------- (continued from Page 1) : FURTHER FINDINGS: 1. An application on this identical case has already been denied by the City Council (4- and therefor: 2. The Planning Commission has no �urisdiction in the absence of material change of circumstances. 3. If the City Council sees fit to re-examine the case and wants a new recommendation from the Planning Commission, it will be supplied. PASSED AND ADOPTED this 12th day �f September, 1966 at a re�ular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Frolich, H�.rshon,�IIargan NAYS: None ABSTAINING: Commissioner Buthenuth ABSENT: Commissioner Bryson APPROVED: /s/ Jack T. Hirshon r Chairman, Planning Commission ATTEST: f 1 �" � i . � ,� �' � i, .; ;;' ` r . ,. / . . Adde Laurin Director of Planning - 2 - C I T Y 0 F C U P E R T I N 0 City Ha11, 10321 Sou��h Sara�o�a-Surinyvaie Road Cupertino Cal�.fornia �5p1 �!� Telephon.e e (�l-08) 252-�I-5G5 RESOLUTION OF THE PLANN:�NG COMMISS�LON OF THE CITY OF CUPERTZNO DENYING A USE PERMIT. WHEREAS, the Planning COi11171:1_SS of the City of Cupertino received an application for a U�L P�RMIT, as stated on pa�e two; and WY�REAS, the applicant has NOT met the burden of proof required to support his sa�.d application9 WHEREAS, the Planning Cor,unission finds that the application does NOT meet a11 of the following reauirernents: a. Encourages the most ap�ropriate use of land, b, Conserve� and stab�lizes the �a.lue of property, c. Pr�vides for adequate open spaces for li�ht � an.d. air, d. Permits adequate control of fires e. Promotes the health, safety and public welfare, f. Provides for the orderl,y development of the CitST, and g. Is �dvantageous to the property and improvements in the �oning district and neighborhood in which the property is located; NOW, THEREFORE, BE IT RESOLVED: Tha.t after careful conside�ation of maps, f acts, exhibits and other evid.ence submitted in this matter, the application for the USE PERMIT be, and the same is hereby DENIED9 and BE IT FURT�IER RESOLVED : That the findinbs a,v.o �ed above and �n page tv�o be app•roved and adopted, Gnd that the Secretar�T b�, and is hereby directed to notify the par�ies �?ffected by this d.ecision. (continued on page 2)