Reso 6494 U-2007-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6494 (Denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF ALLOWANCE OF A FOOD STORE (MARUKAI)
TOTALLING 28,690 SQUARE FEET LOCATED IN THE MARKETPLACE SHOPPING
CENER (FORMER LONGS DRUG SITE)
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; and
3) The proposed development is consistent with the Heart of the City Specific Plan
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, 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. U-2007-11 as set forth in the Minutes of the Planning Commission Meeting of
December 11, 2007, and are incorporated by reference as though fully set forth herein.
Resolution No. 6494 U-2007-11 December 11, 2007
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: U-2007-11
Applicant: Wayne Okubo (Market Place Shopping Center)
Location: 19620-19780 Stevens Creek Boulevard
PASSED AND DENIED this 11th day of December, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Kaneda, Rose
NOES: COMMISSIONERS: Chairperson Giefer
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Miller
ATTES : APPROVED:
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Steve Piasecki .` sa Gief , a' e s n
Director of Community Development lanning Commiss