Reso 6609 TM-2010-03
CTTY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO.6609(DENIAL)
OF THE PLANNING COMMISSION OF THE CTTY OF CUPERTINO RECOMMENDING
DENIAL OF A TENTATIVE MAP TO CREATE FIVE COMMERCIAL CONDOMINIUM UNITS
WTTHIN A 6,400 SQUARE FOOT COMMERCIAL SPACE AT 19501 &19505 STEVENS CREEK
BOULEVARD(METROPOLITAN)
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2010-03
Applicant: Jane Vaughan(Cupertino Housing Partners,LLC)
Location: 19501 &19505 Stevens Creek Boulevard(APN 316-49-999)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a tentative map to
subdivide an existing ground floor commercial space into five commercial condominiums;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:
a� The proposed map is consistent with the City's General Plan and Heart of the City Specific Plan;and
b� The proposed map will not be injurious to property or improvements in the area nor be detrimental to the
public health and safety.
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps,facts,exhibits,testimony and other evidence submitted in this matter, the
Tentative Map titled "Metropolitan at Cupertino Tentative Map, City of Cupertino, Santa Clara County,
California," dated September 3, 2010, consisting of five sheets labeled TM-1 through TM-5, including a title sheet,
tentative map sheet, grading plan,utility plan, and existing easement plan, is hereby recommended for denial due
to concerns about enforcement of conditions of approval, maintenance of public areas and in particular the plaza
and the anticipated effect on future uses.
That the subconclusions upon which the findings and conclusions specified in this resolution are based are
contained in the public hearing record concerning Application No. TM-2010-03 as set forth in the Minutes of the
Planning Commission Meeting of September 28, 2010, and are incorporated by reference as though fully set forth
herein.
PASSED AND DENIED this 28th day of September 2010, at a Regular Meeting of the Planning Commission of the
City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS:Chairperson Brophy,Vice Chair Lee,Kaneda,Miller
NOES: COMMISSIONERS:none
ABSTAIN: COlVIMISSIONERS:none
ABSENT: COMMISSIONERS:Giefer
ATTEST: AP R V
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A rti Shrivastava P ul Brophy, air
Director of Community Development Planning Co issio
G:/Planning/PDREPORT/RES/2010/TM-2010-03denial.doc