Reso 2736 RESOLUTION NO. 2736
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
recommending denial of use permit 43-U-85 to construct a 2300 sq.
ft. commercial structure -in a P (Planned Development with
Commercial use) zone.
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APPLICANT: Hunter Properties
ADDRESS: 1625 The Alameda, San Jose, CA
SUBMITTED: November 25, 1985
LOCATION: Southeast corner of McClellan Road
and DeAnza Boulevard
FINDINGS AND SUBCONCLUSIONS:
1. The recommended denial of companion application 23-Z-85
precludes a favorable recommendation of the use permit.
PASSED AND ADOPTED this 25th day of November, 1985, at a regular
meeting of the Planning Commission of the City of the City of
Cupertino, by the following roll call vote:
AYES: Commissioner Adams, Szabo, and Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: Commissioners Mackenzie and Sorensen
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ATTEST: APPROVED:
/s/ Robert S. Cowan /s/ John Claudy
Robert S. Cowan John Claudy, Chairperson
Planning Director Planning Commission
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone (408) 252-4505 S-
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
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 the capacity of the existing street
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 Two be approved and adopted,
and that the Secretary be, and is hereby directed to notify the parties
affected by this decision.
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