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Reso 6365 ASA-2005-02 (EA-2005-01) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 6365 (denial) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDED DENIAL OF AN ARCHITECTURAL AND SITE APPROVAL 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).: ASA-2005-02 (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 an Architectural and Site Approval 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 is hereby recommended for Model Resolution ASA-2005-02 (EA-2005-01) January 24, 2006 Page 2 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). 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 Piasec i Ma y ' er Chairperson Director of Community Development Cupertino Planning Commission G:�Planning�PDREPORT�RES�2005�ASA-2005-02 denial res.doc