Reso 6364 U-2005-01 (EA-2005-01)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 6364 (denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDED DENIAL OF A USE PERMIT TO DEMOLISH 175,000 SQUARE
FEET OF INDUSTRIAL BUILDINGS AND CONSTRUCT 94 SINGLE FAMILY
RESIDENTIAL UNITS AND RECREATIONAL SPACE
SECTION I: PROTECT DESCRIPTION
Application No(s).: U-2005-01 (EA-2005-01)
Applicant: Alan Loving (Taylor Woodrow Homes)
Location: Results Way, west of Bubb Road and east of Imperial Avenue.
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section I. 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 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 Use Permit and Exception are hereby
A4ec�a1�� U-2005-01 (EA-2005-01) January 24, 2006
Page 2
recommended for denial, subject to the conditions which are enumerated in this
Resolution beginning on Page 2 thereof; and
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). U-2005-01, ASA-2005-02 (EA-2005-01), as set forth in the Minutes of the Planning
Commission Meeting of January 24, 2006, and are incorporated by reference as though
fully set forth herein.
PASSED AND ADOPTED this 24th day of January, 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Wong
NOES: COMMISSIONERS: Saadati
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
.
�
Steve Piasecki Mar ill r, Chairperson
Director of Community Development Cupertino Planning Commission
G:�Planning�PDREPORT�RES�2005\U-2005-01 denial res.doc