Reso 1855 6-U-78
RESOLUTION NO. 1855
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A USE PERMIT TO CONSTRUCT
29 HOUSES IN A PLANNED DEVELOPMENT ZONING DISTRICT.
APPLICANT: B.A.S. Homes , Inc.
ADDRESS : 20823 Stevens Creek Boulevard, Suite C-2, Cupertino, California 95014
SUBMITTED: April 12, 1978
LOCATION: Westerly side of Foothill Boulevard approximately 150 ft. southerly
of Poppy Drive immediately opposite of the intersection of
Salem Drive
FURTHER FINDINGS :
•
The recommended denial of the Planned Development zoning request results in
an automatic recommendation for denial of the use permit request.
PASSED AND ADOPTED this 10th day of July, 1978, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
411 AYES: Commissioners Claudy, Gatto, Koenitzer, Chairperson Blaine
NAYS : None
ABSTAIN: None
ABSENT: Commissioner Adams
APPROVED:
/s/ Sharon Blaine
Sharon.Blaine, Chairperson
Planning Commission _
ATTEST:
UAA—CtUjejk
Robert Cowan
Assistant Planning Director
Ilk
-2-
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505411
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING 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
his 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 a level of traffic
over and beyond that of the capacity of the existing street
system.
411
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.
(Continued on page 2)