PC Reso 6505 U-2007-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6505 (DENIAL)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL FOR A USE PERMIT FOR A NEW SIX-UNIT
SINGLE FAMILY RESIDENTIAL DEVELOPMENT AT 1601 S. DE ANZA BLVD.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for 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 not met the burden of proof required to support said
application; and has not satisfied the following requirements:
1. The proposal, 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, in that the proposed residential land use is
incompatible with the surrounding commercial office, daycare and building materials
retailer land uses from a noise and pedestrian circulation standpoint and is likely to
inhibit the ability of the commercial businesses to operate and thrive at their locations;
2. The proposal is consistent with the purposes of this chapter and the General Plan. The
residential land use is isolated from other residential land uses and lacks any type of
connectivity with residential serving land uses, such as, parks and schools.
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 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 Application No. U-2007-02
as set forth in.the Minutes of the Planning Commission Meeting of January 22, 2008 and are
incorporated by reference as though fully set forth herein.
Resolution No. 6505 U-2007-02 January 22, 2008
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: U-2007-02
Applicant: Metropolitan Planning Group
Property Owner: Dollinger-De Anza Associates
Location: 1601 S. De Anza Blvd
PASSED AND DENIED this 22ND day of January 2008, 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, Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Rose
ATTEST: APPROVED:
/s/Steve Piasecki /s/MartX Miller
Steve Piasecki Marty Miller, Chair
Director of Community Development Cupertino Planning Commission
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