Reso 2193 7-U-81
RESOLUTION NO. 2193
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
110 RECOMMEENDING THE DENIAL OF A USE PERMIT TO CONSTRUCT
A 41,500 SQ. FT. OFFICE BUILDING WITHIN TOWN CENTER.
APPLICANT: Lincoln Property Company N.C. , Inc.
ADDRESS: . 553 Pilgrim Drive, Foster City, California 94404
SUBMITTED: March 6, 1981
LOCATION: North side of Rodrigues Avenue from De Anza Boulevard to a
point approximately 400 ft. westerly of Torre Avenue
Further Findings:
The Planning Commission finds that the land use intensity limits imposed
by the existing General Plan do not permit more than 54,000± sq. ft. of
space on the entire seven acre property held by the applicant. Therefore,
the Planning Commission finds that the construction of 50,000 sq. ft.
of space on the site located east of Torre Avenue may result in the need
to construct residential or another low intensity use on the west side of
Torre Avenue. The Planning Commission finds that the pattern should be
reversed. The initial office development should be built on the west side
of Torre Avenue.
IIP PASSED AND ADOPTED this 13th day of April, 1981, 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, Blaine, Claudy, Chairman Koenitzer
NAYS: Commissioner Binneweg
ABSTAIN: None
ABSENT: None
APPROVED:
R. D . Koenitzer
R. D. Koenitzer, Chairman
Planning Commission
ATTEST:
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Robert Cowan
Assistant Planning Director
I
-2-
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
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 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
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.
Rob t Cowan
Assistant Planning Director (Continued on Page 2)
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