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Reso 243411 -u-0.7 RESJLUTIJN NO. 2434 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A USE PERMIT TO CONSTRUCT 148 ATTACHED RESIDENTIAL CONDOMINIUM UNITS AND A TWO-STORY 45,000 SQ. FT. OFFICE BUILDING. APPLICANT: Town Center Properties (Jason Chartier) ADDRESS: 21060 Homestead Road, Cupertino, California 95014 SUBMITTED: May 2, 1983 LOCATION: Between Stevens Creek Boulevard and Rodrigues Avenue east of the future extension of Torre Avenue FURTHER FINDINGS: 1. The applicant's proposal to construct 248 dwellings, in the opinion of the Planning Commission, is inconsistent with General Plan Amendment Policy 3 b which encourages Town Center developers to incorporate, to the greatest extent possible, the maximum number of dwelling units designated on "Figure 2-e" (land use diagram for Town Center). The maximum number of dwelling units allowed is 366. 2. The applicant's proposal to utilize the proposed 45,000 sq. ft. non- residential building for a corporate administrative office or similar large scale office uses is inconsistent with General Plan Policy 3 c which specifies "The maximum 45,000 sq. ft. of non-residential space designated for Site B shall be service -oriented professional office and/or community or local retailing activities'.'. 3. The site plan provides fragmented open space areas throughout the development and, thus, does not amalgamate an adequate area for active play space for adults and children. Therefore, in the Commission's opinion, it is inconsistent with the General Plan text which states "The residential complexes would be self-contained in terms of providing active recreation activities". 4. The site plan does not adhere to the General Plan policies which seek to limit access points to Stevens Creek Boulevard and to place major project access points on Torre Avenue. The Plan should consolidate the office and residential use access points to a single driveway on Stevens Creek Boulevard and Torre Avenue and retain the Rodrigues Avenue access in a minor role. 5. The site plan does not provide adequate parking to meet expected need for the non-residential and residential activities. The applicant did not provide adequate data to support the use of tandem parking. PASSED AND ADOPTED this 12th day of September, 10,33, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Blaine, NAYS: None ABSTAIN: None A3SE:NT. ::one ATTEST: .'s/ James H. Sisk James H. Sisk Planning Director Claudy, Koenitzer, Szabor, Chairman Adams APPROVED: /S/ Victor .T_ Adma _ Victor J. Adams, Chairman Planning Commission C I T Y OF C U P E R T I N 0 City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A USE PEP -MIT. WHERFAS, the Planning Commission of the City of Cupertino received an application for a use permit, as stated on Page 2; and WHEREAS, the applicant has not met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application does not meet all of the following requirements. a. That the use or uses are in conformance with the General Plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b. That the property involved is adequate in size and shape to accommodate the proposed use. c. That the proposed use will not generate levels of traffic over and beyond that of tae capacity of the existing street system. d. That the proposed use is otherwise not detrimental to the health safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed use nor injurious to property and improvements in the neighborhood. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application for the use permit be, and the same is hereby denied; and BE IT FURTHER RESOLVED: That the findings quoted above and on Page Two be approved and adopted, and that the Secretary be, and is hereby directed to notify the parties affected by this decision. Robe}t Cowan Assistant Planning Director (Continued on Page 2)