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Reso 4577 10-U-94 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4577 OF THE PLANNING COMMIS�ION OF THE CITY OF CUPERTINO FORWARDING A RECOMMENDATION FOR DENIAL BASED ON PROCEDURAL GROUNDS FOR A USE PERMIT TO CONSTRUCT A 44 UNIT AFFORDABLE APARTMENT BUILDING AND A 4,000 SQUARE FOOT COMMERCIAL BU SECTION I: 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 Planning Commission could not reach a majority decision regarding said use permit; and NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted, the Commission could not reach a majority position and, therefore, a motion for approval was technically denied based upon a tie vote. That the subconclusions upon which the findings specified in this resolution are based and contained in the public hearing record concerning application 10-U-94 as set forth in the Minutes of the Planning Commission Meeting of October 24, 1994 and December 12, 1994, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 10-U-94 Applicant: Barry Swenson Builders Property Owner: First Development Corporation Location: Southwest corner of Stevens Creek Boulevard and Tantau Avenue. i Resolution No. 4577 10-U-94 December 12, 1994 Page-2- PASSED AND ADOPTED this 12th day of December, 1994 at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: The motion for approval was recorded as follows: AYES: COMMISSIONERS: Mahoney, Roberts NOES: COMMISSIONERS: Harris, Doyle ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Austin A TEST: APPRO�ED: %� ,� . � � � , ���� , Robert S. Cowan O`�'in Mahoney, Ch rman Director of Community Development Cupertino Planning Commission g:\planning\ I Ou94res