Reso 4524 5-U-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4524
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A USE PERMIT TO CONSTRUCT 6 TOWNHOMES ON AN 11,761 SQ. FT. PARCEL IN
A PLANNED DEVELOPMENT RESIDENTIAL ZONING DISTRICT
SECTION L• 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 necessary notices have been given in accardance with the Procedural Ordinance of the
City of Cupertino, and the Planning Commission has held one or more Public Hearings on this matter;
and
WHEREAS, the applicant has failed to meet the burden of proof required to support this application, and
has not satisfied the following requirements:
1) That the use or uses are in conformance with the General Plan and are not detrimental to existing
uses specifically permitted in the zone in which the proposed use is to be located.
2) That the property involved is adequate in size and shape to accommodate the proposed uses. The
project creates a parking deficiency of 13 spaces which is considered unacceptable based upon the
site size, number of units and inability to count on-street parking to satisfy the need.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, e�chibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby recommended for denial by the Planning Commission of
the City of Cupertino.
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application 5-U-94 as set forth in the Minutes of
the Planning Commission Meeting of May 9, 1994, and are incorporated by reference as though fully set
forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s): 5-U-94
Applicant: Landmark Development
Property Owner: Landmark Development
Project Location: Gardenside & Rainbow
, Resolution No. 4524 (5-U-94) May 9, 1994
� I'age -2-
i I'nSSI;I) /�NO /�I)OP'f(?I) Ihiti 91h clay ��f May, 1994 at a Rcgular Mcctin� c�f the Plannin� Commission
��f lhc Cily ��f �;u��crlin��, �latc ��f ('alili�rnia, hy lhc li�ll��winb rc�ll call vc�lc:
/�YI�S: COMMISSIUNI;IZS: Ncmc
� NOES: COMMISSfONLRS: Austin, I�arris, Roberts and Vice Chairman Doyle
� ABSTAIN: COMMISSIONERS: None
� ABSENT: COMMISSIONERS: Chairman Mahoney
1 ATTEST: APPRO �D
,� 3 Y
� Robert Cowan David Doyle, �ce Chair a
( Com►nunity Development Director Cupertino Planning Commission
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