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U-1990-25 (Mod)b10300 Torre Avenue Cupertino. CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department September 12, 1995 P.G.& E. Attn: David McKinnon 10900 N. Blaney Avenue Cupertino, California 95014 SUBJECT: PLANNING COMMISSION ACTION LETTER - Application 25-U-90 (Mod.) This letter confirms the decision of the Planning Commission, given at the regular meeting of September 11, 1995, denying a use permit according to the enclosed copy of Planning Commission Resolution No. 4643. Please be aware that an appeal of this decision can be made within fourteen calendar days of the decision. If this occurs, you will be notified of a public hearing which will be scheduled before the City Council. Sincerely, ll� Vera Gil Community Development Department Enclosure Resolution No. 4643 0%vinword/larers25 u90m P—led on Rocycloa Paper 25-U-90 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 4643 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A USE PERMIT MODIFICATION TO ALLOW THE INSTALLATION OF A SOILS RECYCLE POWERSCREEN WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section 11 of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has not met the burden of proof required to support the application, and has not satisfied the following requirements: 1. That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. 2. That the property involved is adequate in size and shape to accommodate the proposed use. 3. That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. 4. 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 uses, nor injurious to property and improvements in the neighborhood. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby denied; and That the subconclusions upon which the findings specified in this Resolution are based and contained in the Public Hearing record concerning Application 25-U-90 (Mod.) as set forth in the Minutes of the Planning Commission Meeting of September 11, 1995, and are incorporated by reference though fully set forth herein. Resolution No. 4643 (25-U-90) September 11, 1995 1'agc 2 Re o : �► Application No.: 25-U-90 Applicant: Pacific Gas and Electric (PG&E) Property Owner: Same Location: 10900 North Blaney Avenue PASSED AND ADOPTED this IIth day of September, 1995, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Harris, Mahoney, Roberts and Chairman Doyle NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: A/ Robert S. Cowan /s/ David Doyle Robert S. Cowan David Doyle, Chairman Director of Community Development Planning Commission - g:/pdrepor1/res25U90