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U-1978-14b 14-U-78 RESOLUTION NO. 1869 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A USE PERMIT TO ALLOW A COIN- OPERATED AMUSEMENT ELECTRONIC GAME CENTER TO OCCUPY APPROXIMATELY 1,600 SQ. FT. IN THE EXISTING HOMESTEAD CENTER. APPLICANT: Thornwood Associates ADDRESS: P.O. Box 6088, San Jose, California 95150 SUBMITTED: June 6, 1978 LOCATION: Southeast corner of Homestead Road and Stelling Road FINDINGS: Approval of this application would not be in accordance with the required condition 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. • PASSED AND ADOPTED this 24th day of July, 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 Adams, Claudy, Chairperson Blaine NAYS: Commissioners Gatto and Koenitzer ABSTAIN: None ABSENT: None • APPROVED: ATTEST: /s/ Sharon Blaine Sharon Blaine, Chairperson Planning Commission QL* CV\ Robert Cowan Assistant Planning Director 411 -2- CITY OF CUPERTINO City Hall, 10300 Torre Avenue 111 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 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)