Reso 6445 TM-2006-12
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
(Denial) RESOLUTION NO. 6445
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A
TENTATIVE MAP TO SUBDIVIDE A .46 ACRE LOT INTO TWO PARCELS OF 9,685
SQUARE FEET AND 9,686 SQUARE FEET, RESPECTIVELY IN A R1-7.5 ZONING
DISTRICT, AT 21871 DOLORES AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision Map, 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) That the proposed subdivision map is consistent with the City of Cupertino
General Plan.
2) That the design and improvements of the proposed subdivision are consistent
with the General Plan. .
3) That the site is physically suitable for the type and intensity of development
contemplated under the approved subdivision.
4) That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage nor substantially and
unavoidable injure fish and wildlife or their habitat.
5) That the design of the subdivision or the type of improvements associated
there with is not likely to cause serious public health problems.
6) That the design of the subdivision and its associated improvements will not
conflict with easements acquired by the public at large for access through or
use of property within the proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Tentative Subdivision Map is hereby denied.
Resolution No. 6445 TM-2006-12 January 23, 2007
Page 2
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. TM-2006-12 as set forth in the Minutes of the Planning Commission Meeting of
January 23, 2007, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2006-12
Applicant: Jitka Cymbal
Location: 21871 Dolores Avenue
PASSED AND DENIED this 23rd day of January 2007, 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 Giefer, Miller, Wong
NOES: COMMISSIONERS: Vice Chair Chien
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APP�OVEI�%�
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Steve iasecki, Director L sa G er, Chairperso j
Community Development Department Planning Commission