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PC Reso 6506 ASA-2007-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6506 (DENIAL) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF AN ARCHITECTURAL AND SITE APPROVAL FOR A NEW SIX-UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT AT 1601 S. DE ANZA BLVD. � SECTION I: FINDINGS WI-iEREAS, the Planning Commission of the City of Cupertino received an application for an Architecture and Site Approval, 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 Architectural and Site Approval is hereby recommended for denial; 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. ASA-2007-04 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. 6506 ASA-2007-04 January 22, 2008 Page 2 SECTION II: PROTECT DESCRIPTION Application No.: ASA-2007-04 Applicant: Metropolitan Planning Group 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 NOFS: COMMISSIONERS: none ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS: Rose ATTEST: APPROVED: /s/Steve Piasecki /s/Mart-� Miller Steve Piasecki Marty Miller, Chairperson Director of Community Development Planning Commission G:�Planning�PDREPORT�RES\2007�ASA-2007-04 denial.doc