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Reso 6290 ASA-2004-12 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6290 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF AN ARCHITECTURAL AND SITE APPROVAL FOR RESIDENTIAL UNITS LOCATED AT 10745 N. DE ANZA BOULEVARD SECTION I: PROTECT DESCRIPTION Application No(s): ASA-2004-12 (EA-2004-10) Applicant: Greg Pinn (Oak Park Village) Location: 10745 N. De Anza Boulevard SECTION II: FINDINGS 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 proposal, 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 proposal is not consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will not use materials and design elements that compliment neighboring structures; 4. The proposal does not conform with the design guidelines and standards of the Heart of the City Specific Plan; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application 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 ASA-2004-12 set forth in the Resolution No. 6290 ASA-2004-12 January 25, 2005 Page 2 Minutes of the Planning Commission meeting of January 25, 2005, and are incorporated by reference as though fully set forth herein. PASSED AND ADOPTED this 25� day of January 2005, 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, Saadati and Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Vice-Chair Miller ABSENT: COMMISSIONERS: ATTEST• APPROVED: - � � � ��� ' �) ' ; � � ,v r ,� ti ,-- �;c, � L.. � Steve Piasecki Gi ert Wong, Chairper�n Director of Community Development Cupertino Planning Commission G:\Planning\PDREPORT\RES\ASA-2004-12 res.doc