Reso 3057APPLICATION 28-U-87
CITY OF CUPERTINO
10430 S. DE ANZA BOULEVARD
Cupertino, California 95014
RESOLUTION NO. 3057
OF THE PLANNING ommsSION OF THE CITY OF CUPERTI1;0
RECOMMENDING DENIAL OF A USE PERNrT TU CMS7MXT
A 720 +- SQ. FT. ADDITION TO AN EXISMNG
11,550 +- SO. FT. BUILDING AND OPERATE
A OMII4E CM (RETAIL) USE.
WFiams, the Planning O=nissicn of the City of Cupertino has received an
application for a Use Permit, as described on Page 2 of this Resolution;
• and
WHEREAS, the necessary notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Ctamdssion
has held one or more Public Hearings on this matter; and
WHEREAS, the applicant has failed to meet the burden of proof required to
support this application, and has not satisfied the following
its:
1) That the use or uses are in conformance with the General Plan and
are not detrimental to existing uses specifically permitted in the
zone in which the proposed use is to be located.
2) That the property involved is adequate in size and shape to
acccmmadate the proposed uses.
• 3) That the proposed uses will not generate levels of traffic over and
beyond that of the capacity of the existing street system.
4) That the proposed Uses are not otherwise detrimental to the health,
safety, peace, morals and general welfare of persons residing in the
neighborhood of such proposed uses, nor injurious to property and
improvements in the neighborhood of the site affected by the
application.
WHEREAS, the applicant has not documented sufficient trip end development
credits to aeccumodate the proposed use;
NOW, MMWME, 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 reocemended for denial by the City Council of the City of
Cupertino; and
RESOLUTION NO. 3057 (28 U-87) 6/22/87
PAGE - 2 -
411 BE IT FURTHER RESOLVED
That the subconclusions upon which the findings specified in this
Resolution are based are contained in the Public Hearing record concerning
Application 28-U-87 as set forth in the Minutes of the Planning Commission
meeting of June 22, 1987, and are incorporated by reference as though
fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No(s) 28-U-87 and 31-EA-87
Applicant: Any Mountain, Ltd.
Property Owner: De Anza Properties
Location: North side of Stevens Creek Boulevard, East
of De Anza Boulevard
PASSED AND ADOPTED this 22nd day of June, 1987 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: COMMISSIONERS: Adams, Claudy, and Chairman Mackenzie
NOES: COMMISSIONERS: Sorensen and Szabo
ABSTAIN: COMMISSIONERS: None
i ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
ELA"-(YAAtIAN.
Robert Cowan Donald Mackenzie, rman
Director of Planning Cupertino Planning omnnission
RES28U87(RANDY)