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CC Min 1988-07-25
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CC Min 1988-07-25
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CC Index
CC Index - Document Type
Minutes
Date
7/25/1988
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Consent Calendar - Item No. 17 (continued) <br />compliance with certain conditions specified by the Planning Commission, <br />and thus denied the planned development permit (see, Findings on Appeal <br />dated March 11, 1988) . The application for the planned development <br />permit for the Original Project was made by DES, Architects, Planners and <br />Engineers, on behalf of Sequoia Professional Building Associates, <br />Appel l ant herein ("Appellant"). <br />2) On or about June 27, 1988 Appellant submitted to the Zoning Admi nistrator <br />revised plans for a medical office building (the "Revised Project ") which <br />reduced the buiding area of the Original Project from 60,000 square feet <br />to 45,000 square feet. In addition to reducing the area devoted to <br />medical offices, the plans for the Revised Project eliminated a food <br />servi ce faci1 ity, a decorati ve atri um, and a certai n amount of parki ng <br />area. The Revi sed Project mai ntai ns the sane hei ght and subst anti al ly <br />the same exterior appearance of the Original Project. Aside from the <br />e xc 1 us i o n of the f oo d servi c e f aci 1 i ty, t he f un ct i on a 1 el en ent s of the <br />Original Project are included in the Revised Project, viz., medical <br />offices, a surgical center, laboratory and x -ray facilities, and a <br />ph arm acy. <br />3) On or about June 27, 1988 the Zoning Adni nistrator denied the filing of <br />the application for a planned development permit for the Revised Project <br />on the grounds that it is "substantially similar to that heretofore <br />denied by the City Council" and, further, on the grounds set forth in <br />support of our denial of a planned development for the Original Project <br />(see, decision of Zoning Administrator dated June 27, 1988) . (A fi rst <br />revision following the decision of this Council on the Original Project, <br />scaling down the project from 60,000 square feet to 54,000 square feet, <br />was denial by decision of the Zoning Administrator dated June 7, 1988, <br />but was not appealed.) <br />4) In denying the fi 1 ing of the application, the Zoning Administrator relied <br />upon Secti on 42. 7 of Ordi nance No. 1130, as amended (the "Zon . Ord." ) <br />whi ch pro vi des as f of l ows : <br />"Section 42.7 Reapplication. <br />"a. No application for a use permit shall be considered within one year <br />after fi nal action taken i n denying a previous application relating <br />to the sane subject matter. <br />"b. Application shall be deemed to relate to the sane subject matter if <br />both of the following factors exi st : <br />"(1) The sane parcel of land affected by the former application is <br />the subject of the later application. <br />"(2) The nature of the use applied for is substantially similar to <br />the use applied for in the former application. <br />Reg.Mtg. <br />7/25/88 <br />Pa ge 9 <br />MINUTE BOOK NO. 48 <br />Page No. 140 <br />
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