Reso 6084 14-U-98(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6084 (Denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A
MODIFICATION TO A USE PERMIT FOR A NEW LANDSCAPING PLAN AND CREATION O� A
TOT LOT AND OTHER AMENITIES
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
modification to a Use Permit, as described on Page 1 of this Resolution; and
WHEREAS, the applicant has not met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application does not meet the followinb
requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title;
3) The ornithologist report has been conducted and concludes that the man-made lake removal and
subsequent duck removal is not a significant environmental impact if their recommendations arc
followed.
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 modification is hereby denied; and
That the subconclusions upon which the findings and conditions specified in this resolution are based are
contained in the public hearing record concerning Application 14-U-98(M) as set forth in the Minutcs oC
the Planning Commission Meeting of March 26, 2001, and are incorporated by reference as thou�;h fuliy
set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 14-U-98(M)
Applicant: Lake Biltmore Apartments
Location: 10159 South Blaney Avenue
Resolution 6084 (Denial) 14-U-98(M) March 26, 2001
Page-2-
PASSED AND ADOPTED this 26th day of March, 2001, at a regular meeting of the Plannin�
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Patnoe and Chairperson Kwok
NOES: COMMISSIONERS: Auerbach
ABSTAIN: COMMISSIONERS: Chen
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
. .
Steve Piasecki Patrick Kwok, Chairperson
Director of Community Development Cupertino Planning Commission
g/planning/res/14u98m