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Reso 2595 ` /1 o-Z-84 V 21-U-84 4 RESOLUTION NO. 2595 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A REQUEST TO REZONE .51 ACRES FROM R1-7.5 TO P (PLANNED DEVELOPMENT) AND A REQUEST FOR USE PERMIT APPROVAL TO EXPAND AN EXISTING OFFICE BUILDING FROM 5,000 SQ. FT. TO 18,BD0 SQ. FT. APPLICANT: Michael Weber and Fred Michaud ADDRESS: 10080 North Wolfe Road, Building SW-3, Suite 250 Cupertino, California 95014 SUBMITTED: October 29, 1984 LOCATION: Southwest corner , of Miller Avenue and Richwood Drive. Further Findings: The applicant has not demonstrated a community need for the specific use nor for the need to expand office space in general . • 411 PASSED AND ADOPTED this 14th day of January, 1985, at a regular meeting of the Planning Commission of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Ccmmi ssi oners Sorensen, Szabo, Chairperson Claudy NAYS: Commissioner Mackenzie ABSTAIN: Commissioner Adams ATTEST: APPROVED: /s/ James H. Sisk /s/ John Claudy James H. Sisk John Claudy, Chairperson Planning Director - Planning Commission CITY OF CUPERTINO - I City Hall, 10300 Tore Avenue Cupertino, California 95014 Telephone (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A USE PERMIT. WHEREAS, the Planning Commission of the City of Cupertino received an application for a use permit, as stated on Page 2; and ' I 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 he located. I 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 the capacity of the existing street i' system. d) That the proposed use is otherwise not detrimental to the health and safety, peace, morals and general welfare of persons residing or working in the, neighborhood of such proposed use not 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 ITwo be approved and adopted, and that the Secretary be, and is hereby directed to notify the parties affected by this decision. • ames H. Sisk Planning Director ' I v/37:0-Z-S4 21-U-84 so RESOLUTION NO. 2595 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A REQUEST TO REZONE .51 ACRES FROM R1-7.5 TO P (PLANNED DEVELOPMENT) AND A REQUEST FOR USE PERMIT APPROVAL TO EXPAND AN EXISTING OFFICE BUILDING FROM 5,000 SQ. FT. TO 18,800 SO. FT. APPLICANT: Michael Weber and Fred Michaud ADDRESS: 10080 North Wolfe Road, Building SW-3, Suite 250 Cupertino, California 95014 SUBMITTED: October 29, 1984 LOCATION: Southwest corner of Miller Avenue and Richwood Drive. Further Findings: The applicant has not demonstrated a community need -for the specific use nor for the need to expand office space in general . Ill PASSED AND ADOPTED this 14th day of January, 1985, at a regular meeting of the Planning Commission of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: ACES: Commissioners Sorensen, Szabo, Chairperson Claudy NAYS: Commissioner Mackenzie ABSTAIN: Commissioner Adams ATTEST: APPROVED: /s/ James H. Sisk /s/ John Claudy James H. Sisk John Claudy, Chairperson Planning Director Planning Commission 411 • CITY OF CUPERTINO City Hall, 10300 Torre Avenue R ' Cupertino, California 95014 Telephone: (408) 252 - 4505 411 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A ZONE CHANGE WHEREAS The attached application has been submitted to the City of Cupertino requesting a change of zone in the zoning regulations of the City, as stated .on Page 2, and WHEREAS The PlanningCommission has held at least 1 ast one public hearing in regard to the application on the date as noted on said application; and WHEREAS The Planning Commission has duly considered and heard all evidence submitted in regard to said application; and WHEREAS The necessary public notices have been given as required by the zoning ordinance of the City of Cupertino. NOW, THEREFORE, BE IT RESOLVED: 1. That the Planning Commission finds that' the proposed ' zone change does not meet all of the following require- ments: • a. Encourage the most appropriate use' of 'land, 411 b. Conserve and stabilize the value of property, c. Provide for adequate open spaces for light and air, d. Permit adequate control of fires, e. Promote the health, safety and public welfare, f. Provide for the orderly development of the City, • g. Be advantageous to the property and improvements in the zoning district and neighborhood in which the property is. located. (Continued on Page 2) -1-