Reso 6256 ' M-2004-03
CITY OF CUPERTINO
i 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6256
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A MODIFICATION TO A USE PERMIT TO
CONVERT AN EXISTING OFFICE BUILDING INTO CONDOMINIUM OFFICES
SECTION I: PROTECT DESCRIPTION
Application No.: M-2004-03
Applicant: Hunter Storm
Location: Lot 5, Civic Park Master Plan Area,10430 S. De Anza Blvd
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit Modification, as described in Section I 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 said
application; and has satisfied the following requirements:
1) The proposed use, at the proposed location, will be detrimental or injurious to
property or improvements in the vicinity, since the fragmentation of ownership
resulting from the subdivision will preclude future redevelopment of this site
and the site is located immediately adjacent to a proposed three-story mixed use
building and the primary driveway accessing the Civic Park project, and future
renovation of the site will become highly unlikely.
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
recommended for denial; and
That the subconclusions upon which the findings specified in this resolution are based
and contained in the public hearing record concerning Application No. M-2004-03 as set
forth in the Minutes of the Planning Commission Meeting of June 28, 2004, are
incorporated by reference though fully set forth herein.
f Resolution No. 6256 M-2004-03 June 28, 2004
Page -2-
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DENIED this 28� day of June 2004, at a Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Miller and Chairperson Saadati
� NOES: COMMISSIONERS:
, ABSTAIN: COMMISSIONERS: Vice-Chair Wong
ABSENT: COMMISSIONERS:
ATTES : APPROUED:
, � ,
i
Steve iasecki Ta ' aadati, Chairperson
Director of Community Development Cupertino Planning Commission
i g/pdreport/res/M-200403 denial res.doc
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