Reso 6289 U-2004-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6289 (Denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A USE PERMIT TO ALLOW THE DEMOLITION OF
THE FORMER SANTA BARBARA GRILL RESTAURANT AND CONSTRUCTION OF
A 46-UNIT CONDOMINIMUM BUILDING (OAK PARK VILLAGE) AT 10745 N. DE
ANZA BOULEVARD.
SECTION I: PROTECT DESCRIPTION
Application No.: U-2004-09, EA-2004-10
Applicant: Greg Pinn
Location: 10745 N. De Anza Boulevard - Santa Barbara Grill
APN No. 326-10-064
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section II 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 not satisfied the following requirements:
1. The proposed use, at the proposed location, will be detrimental or injurious to
property or improvements in the vicinity, and will be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed use will not be located and conducted in a manner in accord with the
Cupertino General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. U-2004-09 is hereby recommended for denial;
and
Resolution No. 6289 U-2004-09 January 25, 2005
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That the subconclusions upon which the findings specified in this Resolution are based
and contained in the Public Hearing record concerning Application U-2004-09, as set
forth in the Minutes of the Planning Commission Meeting of January 25, 2005, and are
incorporated by reference herein.
PASSED AND ADOPTED 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 Piasecki Gilbert Wong, Chairperso -
Director of Community Development Cupertino Planning Commission
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