Reso 6373 M-2005-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 6373
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A MODIFICATION TO A TENTATIVE MAP (TM-2005-03) TO PROVIDE
ACCESS FOR LOT #2 FROM LINDY LANE
SECTION I: PROTECT DESCRIPTION
Application No.: M-2005-04
� Applicant: Bret Moxley (Lands of Knopp)
Location: 21925 Lindy Lane
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision Map as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the
Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning
Commission has held at least one public hearing in regard to the application; and
WHEREAS, the applicant has not met the burden of proof required to support said
application; and has not satisfied the following requirements:
a) That the proposed subdivision modification is consistent with the City of
Cupertino General Plan. The rural character of the hillside would not be
preserved and disturbance to natural landforms and existing vegetation and
trees would not be minimized (General Plan Policies #2.53 and #2.56).
b) That the improvements of the proposed subdivision are consistent with the
General Plan. The improvements would introduce grading impacts and
� retaining walls on a vegetated slope, which can be avoided by utilizing an
environmentally superior alternate driveway location.
( NOW, THEREFORE, BE IT RESOLVED:
� That after careful consideration of maps, facts, exhibits, testimony and other evidence
� submitted in this matter, the application M-2005-04 for a Modification to a Tentative Map
� is hereby denied, and
� That the subconclusions upon which the findings and conditions specified in this
� Resolution are based and contained in the Public Hearing record concerning
Resolution No. 6373 M-2005-04 February 14, 2006
Page 2
Application M-2005-04, as set forth in the Minutes of Planning Commission Meeting of
February 14, 2006, and are incorporated by reference as though fully set forth herein.
' PASSED AND ADOPTED this 14� day of February 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Saadati, Wong
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
�
ATTEST: APPROVED: �
�—._
� • '
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Steve Piasecki Marty Chairperson
Director of Community Development Cupertino Planning Commission
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