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Reso 4968 8-U-98 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4968 (Denial) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A USE PERMIT FOR A 1890 SQ. FT. ADDITION TO AN EXISTING OFFICE BUILDING AT 10383 TORRE AVENUE 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 applicant has failed to met the burden of proof required to support said application; and has not satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. 3) That the proposed parking additions will help alleviate the existing and proposed parking shortfall but such additions are excessively skewed toward the compact stall sizes and do not approach the City's standard for parking supply and stall mix for medical/dental offices. 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 denied 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 8-U-98 as set forth in the Minutes of the Planning Commission Meeting of July 13, 1998 and October 12, 1998, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 8-U-98 (22-EA-98) Applicant: Michael Achkar Property Owner: Cupertino Dental Group Location: 10383 Torre Avenue Resolution No. 8-U-98 October 12, 1998 Page-2- ' PASSED AND ADOPTED this 12`" day of October, 1998, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Doyle, Harris, Mahoney, Stevens and Chairwoman Austin NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Robert S. Cowan onna Austin, airwoman Director of Community Development Cupertino Planning Commission g/planning/res/8u98denied