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CC Resolution No. 03-107RESOLUTION NO. 03-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DENY1NG THE PETITION OF EXTENDED STAY AMERICA SEEKING COUNCIL RECONSIDERATION OF ITS DETERMINATION DENYING THE USE PERMIT TO DEMOLISH A 7,744 SQUARE FOOT VACANT RESTAURANT AND CONSTRUCT A 120 - ROOM HOTEL LOCATED AT 10745 N. DE ANZA BOULEVARD WHEREAS, applicant Extended Stay America has requested that the City Council reconsider their denial of use permit U-2002-11 under the provisions of section 2.08.096 of the City's ordinance code; and WHEREAS, the City Council has considered all the relevant evidence presented by the parties at all hearings, including evidence presented at the June 2, 2003, reconsideration hearing; NOW, THEREFORE, IT IS HEARBY RESOLVED AS FOLLOWS: a) That the use is not in conformance with the General Plan of the City of Cupertino, and is detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located because it the design of the building is out of scale and will have negative visual impacts due to its height and massing; b) That the property involved is adequate in size and shape to accommodate the proposed use. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 2nd day of June 2003, by the following vote: Vote Members of the City Council AYE S: NOES: ABSENT: ABSTAIN: Chang, James, Lowenthal, Kwok, Sandoval None None None ATTEST: -'"'\^ r'PROVED, f ~