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Reso 4829 4-U-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4829 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A USE PERMIT FOR NEW ONE-STORY 6,000 SQ. FT. COMMERCIAL RETAIL BUILDING SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance 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 not met the burden of proof required to support said application; and has not satisfied the following requirements: 1) The proposed building is too large and not adequately setback on the site. The concern is that the building is located at a significant entrance to the city and will over-dominate the intersection. 2) The site lacks landscaping. 3) Several design modifications should take place, including: decreasing overhang depth and adding non-clear building material to the lower 3' of the window area. 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 recommended for denial, 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 No. 4-U-97 as set forth in the Minutes of the Planning Commission Meeting of April 14, 1997, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 4-U-97 Applicant: Peter Ko/Cupertino Village Associates Location: Southwest corner of Wolfe Road and Homestead Road Resolution No. 4829 4-U-97 April 14, 1997 Page -2- PASSED AND ADOPTED this 14th day of April, 1997, 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, Doyle, Mahoney, Roberts and Chairperson Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: �'.v� C,cn�� ` 1 � �,,,.=- Robert S. Cowan Andrea B. Harris, airperson Director of Community Development Cupertino Planning Commission g:/pdreport/res/r4u97den