Reso 6495 M-2007-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6495 (Denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A MODIFICATION TO AN EXISTING USE PERMIT (16-U-
76M) TO MODIFY THE CONDITIONS UNDER WHICH FOOD SERVICE BUSINESSES WILL
BE ALLOWED IN THE MARKETPLACE SHOPPING CENTER ALONG THE REAR SERVICE
CORRIDOR
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 notiees 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 Modification 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. M-2007-02 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.
SECTION II: PROTECT DESCRIPTION
Application No.: M-2007-02
Applicant: Wayne Okubo
Location: 19620-19780 Stevens Creek Boulevard
Resolution No. 6495 M-2007-02 December 11, 2007
Page 2
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: Chairperson Giefer,Kaneda, Rose
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Miller
ATTES . APP VED:
�
Steve Piasecki , Li Giefer, ir er n
Director of Community Development a ommi�ssion