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U-1973-19b 19 U-73 RESOLUTION Np. 1224 OF THE PLANNING COMMISS�ON Ok' THE.CITX OF CU�ERTINO DENXING USE �ERMIT A��LICATION 19-�U--73 to conduct outdoor retail activities in connection with a home improvement center. . APPLICANT: Edwin J. Myers ADDRESS: 10601 So. Saratoga-Sunnyvale Itoad, Cupertino, CA 95014 SUBMITTED: October 19, 1973 LOCATION; Portal Plaza Shopping Center at the intersection of Portal Avenue and Stevens Creek Boulevard ZONE: CG (General Commercial) --------------------------------------------------------------------------- FINDINGS: 1. That the outdoor activities and proposed structure to enclose the retail materials and activities would have a derogatory impact on future attempts to encourage design excellence for future development of properties.on Stevens Creek Boule�ard. 2. That the proposed outdoor use involves activities which are light industrial in nature and thus unsuitable in a general commercial zone. 3. That the utilization of power saws, forklift, and a paging system would have a negative noise impact on neighboring si:�gle-family residences. - -------------------------�------------------------------------------------- PASSED AND ADOPTED this '12th day of November, 1973, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: � Commissioners Buthenuth, Nellis, 0'Keefe NAYS: Comiaissioners Adams, Gatto ABSTAINING: None ABSENT: None APPROVED: Daniel P. 0'Keefe, Chairman Planning Co.imuission ATTEST: • � ames H. Sisk Planning Director , � -2- C i T Y 0 F C U P i R T 1 N 0 City Hall, 10300 To�re Avenue Cuperi: i no Ca 1 i forr� i a 95014 � Telephone: ( 'L52-4505 RESOI_UTION OF THE PLANNING COMN�ISSi�N OF THE CITY OF CUPERTINO DFNYI PdG A USE PERf�11 T. WHEREAS the Planning Commission of the City of Cupertino re- ceived �n application for a Use Per;i�it, as stated on Page 2; WHEREAS the applicant has NOT met the burden of proof required to support his said application; and WHCREAS the Planning Commissicn finds tha:: the application does NOT meet al 1 of tf�e fol lowing requi r°(11EC1tS a. Encourages the most appre��ri�te use of land, b. Conserves and stabilizes the value of property, c. Provides for aaequate open spaces for light and air, d. Permits adequa�e control of fires, e. Promote� the health, safety �nd publ;c welfare, � f. Provides for t�e orderly development of the City, and g. Is adcantageo:�s to the proFerty and improvement� in the zoning di��trict and neignborhood in which the property i s loc�ated; N04J, THEREFORE, BE I7 RESOLVED: That after careful conside�ation of maps, facts, exhibits and other evidence subrnitted in this matter, the application for the USE PERMIT be, and the same is he�eby denied; and BE IT FURTHER RESOLVED: That the �inds 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) -1-