Reso 6288 TM-2004-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6288 (Denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A TENTATIVE MAP APPLICATION FOR 46
CONDOMINIUMS ON A 1.37-ACRE PARCEL
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2004-11
Applicant: Greg Pinn
Location: 10745 N. De Anza Boulevard - Oak Park Village
APN No. 326-10-064
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision Map as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the
Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning
Commission has held at least one public hearing in regard to the application; and
WHEREAS, the applicant has not met the burden of proof required to support said
application; and has not satisfied the following requirements:
a) That the proposed subdivision map is not consistent with the City of Cupertino
General Plan.
b) That the design and improvements of the proposed subdivision are not
consistent with the General Plan.
c) That the site is not physically suitable for the type and intensity of development
contemplated under the approved subdivision.
d) That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and injure fish and
wildlife or their habitat.
e) That the designs of the subdivision or the type of improvements associated
therewith are likely to cause serious public health problems.
� That the design of the subdivision and its associated improvements will conflict
with easements acquired by the public at large for access through or use of
property within the proposed subdivision.
Resolution No. 6288 TM-2004-11 January 25, 2005
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application TM-2004-11 for a Tentative Map 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 TM-2004-11, as set
forth in the Minutes of Planning Commission Meeting of January 25, 2005, and are
incorporated by reference as though fully set forth herein.
PASSED AND ADOI'TED this 25th day of January 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chen; Giefer; Saadati and Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Vice-Chair Miller
ABSENT: COMMISSIONERS:
ATTEST APPROVED:
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Steve Piasec i Gilbert Wong, Chairperson __
Director of Community Development Cupertino Planning Commission