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DIR-1993-04bCI'T'Y OF CUPER"1'INO ~,,i i~ T ~~). ~r~~~;-t I(130(1 Torre Avcnuc, Cupertino, California 95014 (40R) 252-4505 • 'fo: Chairman and Planning Commissioners Mayor and City Councilmcmbcrs Prom: Robert Cowan, Director of Community Development ~C.~ bate: October 21, 1993 Subj: RL-PORT OF DIRECTOR'S DECISION REGARDING PLANNING APPLICATIONS Clraptcr 19.30 of the Cupertino Municipal Codc provides for administrative approval of temporary use permits for projects. The Director reports his decision to the City Council and Planning Commission in time to allow any Councilmcmbcr of Planning Commissioner to appeal the decision • Annlicant Val Pascual and Janan Jananovic Dcscrintion Rcqucst to allow the temporary use of an automobile repair and dismantling business. The site is located ate ~pryilrhA~ue. • Action The Director of Community Development has denied a temporary use permit, in accordance with the procedural requirements oC Chapters 19.29 and 19.30 of the Cupertino Municipal Codc. Denial was based on noise considerations due to adjacent residential uses and to a parking deficit. These eoncems should be addressed through an application for a permanent use permit. • The Planning Commission, City Cowtcil or the applicant may appeal this decision within 14 working days Crom this dale ofapproval. Enclosures: Resolution No. OOG Rcqucst from Applicant Site Plan g:~nm~ncmos\vel • r L CITY OF CUPER'I'1N0 10300 Torre Avcnuc Cupertino, California 95014 RESOLUTION NO. 00G OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF CUPERTINO DENYING A TEMPORARY USE PERMIT FOR AN AUTOMOBILE REPAIR AND DISMANTLING BUSINESS SECTION I: FINDINGS WHEREAS, the Director of Community Development of tl~c City of Cupertino received an application for a temporary use permit, as described on this Resolution; and WHEREAS, the applicant has not met the burden of proof required to support said application; and WHEREAS, the Director of Community Development finds that the application does not meet the following requirements: • a) That the granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public, health, safety, general welfare, or convenience. b) That the proposed use will be located and conducted in a manner in acwrd with the Cupertino General Plan and the purposes of Title l9 of the Cupertino Municipal Code. NOW, THEREFORE, BE IT RESOLVED: • That a4cr careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for a temporary use permit is hereby denied. SECTION lI: PROJECT DESCRIPTION Applicant: Val Pascual and lanan Janaovic Property Owner: Robert E. Wilkins and Sandra A. Wilkins • Project Location: 10057 Imperial Avenue PASSED AND ADOPTED this 21st day of October, 1993 at a Meeting of the Dircetor of Community Development of the City oC Cupertino, State of California, by the following roll call vote: APPROVED: `!~ 1 r_ .- Robert Cowan Director of Community Development • ~'mm\pcresns\val A