Reso 6297 M-2005-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6297
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
TO MODIFY A CONDITION OF APPROVAL THAT REQUIRES PROVIDING
ADDITIONAL PARKING STALLS ON THE ADJACENT PROPERTY FOR USE PERMIT U-
2003-03 (CONSTRUCTION OF SIX CONDOMINIMUMS AND THE ADDITION OF 1,825
SQUARE FEET TO AN EXISTING RETAIL BUILDING).
SECTION I: PROTECT DESCRIPTION
Application No(s): M-2005-01
Applicant: Tom Sloan (Wolf Camera)
Location: 1375 South De Anza Boulevard
SECTION II: FINDINGS FOR A MODIFICATION TO A USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Modification to 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 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 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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Modification to a Use Permit (U-2003-03) is hereby
approved.
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No(s). M-2005-
Resolution No. 6297 M-2005-01 Apri126, 2005
Page 2
01, as set forth in the Minutes of the Planning Commission Meeting of Apri126, 2005, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEP'I'.
13. INCIDENTAL PARKING:
The applicant shall obtain a written confirmation from the Yamagami Trust (or
representatives thereo� that they have no objections to the project as planned specifically
relating to the incidental parking privileges prior to issuance of building permits.
PASSED AND ADOPTED this 26th day of April 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: Giefer; Vice-Chair Miller, Saadati and Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Chen
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
^ �� ~� 2
Steve iasecki Gilbert ong, Chairpers
Director of Community Development Cupertino Planning Co ission
G: � Planning � PDREPORT � RES � M-2005-01 res.doc