Reso 1846 9-U-78
RESOLUTION NO. 1846
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE DENIAL OF A USE PERMIT TO ALLOW
CONSTRUCTION OF A 36 ,500± SQ. FT. INDUSTRIAL
BUILDING WITHIN A P (PLANNED DEVELOPMENT) ZONING
DISTRICT.
APPLICANT: Dr. Joseph F. Brown
ADDRESS: 10365 North De Anza Boulevard, Cupertino, California 95014
SUBMITTED: May 17, 1978
LOCATION: Northerly terminus of Bandley Drive
FURTHER FINDINGS:
1. The Planning Commission's ..recommendation is based upon a tentatively
approved General Plan Land Use Element revision which, if adopted,
would designate the subject property to a residential land use.
2. The Planning Commission concurs with a finding made previously by
the City Council relative to a December 19 , 1977 decision to deny
an industrial use permit application (31-U-77) involving the
property. The City Council's finding is as follows :
"That the proposed use is detrimental to the health, safety,
peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed use and is
injurious to property and improvements in the neighborhood;
and, this is based upon the discussion at the City Council
meeting specifically the over-concentration of industrial
development at this particular site, the possibility of
increased industrial traffic, the need to provide a better
balance within the community of homes against the jobs; and,
further the problems of integrating that particular use with .
the developments to the east and to the north."
PASSED AND ADOPTED this 12th day of June, 1978, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
•
AYES: Commissioners Claudy, Koenitzer, Chairperson Blaine
NAYS : Commissioners Adams, Gatto
ABSTAIN: None
ABSENT: None
APPROVED:
/s/ Sharon Blaine
Sharon Blaine, Chairperson
Planning Commission
ATTEST:
(-{1Wel.A&
Robert Cowan
Assistant Planning Director
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014410
Telephone: (408). 252-4505
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)
•