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Reso 5091 12-U-99 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 � RESOLUTION NO. 5091 (Denial) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A USE PERMIT TO ADD 1,015 SQ. FT. TO AN EXISTING OFFICE BUILDING AND REVISE THE PARKING PLAN AT 10413 TORRE AVENUE 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 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. 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. That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application 12-U-99 set forth in the Minutes of the Planning Commission Meeting of, December 13, 1999, and are incorporated by reference as though fully set forth herein. Resolution No. 5091 (Denial) 12-U-99 December 13, 1999 Page 2 SECTION IL• PROJECT DESCRIPTION Application No.: 12-U-99 Applicant: Santa Clara Family Dental Location: 10413 Torre Avenue PASSED AND AllOPTED this 13th day of Deceinber, 1999, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Kwok NOES: COMMISSIONERS: Corr, Harris, Stevens and Chairman Doyle ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: � � Robert S. Cowan David Doyle, airman Director of Community Development Cupertino Planning Commission g/planning/pdreport/res/12u99