ASA-2007-04b
OFFICE OF THE CITY CLERK
CUPERTINO
CITY HALL
10300 TORRE AVENUE' CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223' FAX: (408) 777-3366
February 5,2008
Re: Consider Application Nos: U-2007-02, ASA-2007-04, TM-2007-05, TR-2007-09 (EA-
2007-03), Judie Gilli, Metropolitan Planning Group, Dollinger-De Anza Associates, 1601 S.
De Anza Blvd., APN 366-10-132:
a) Adopt a negative declaration
b) Use permit for a new six -unit single-family residential development
c) Architectural site approval for a new six-unit single-family residential planned
development
d) Tentative map for a new six-unit single-family residential development
e) Tree removal to remove up to 22 trees
At its February 4, 2008 meeting, the Cupertino City Council denied the use permit and tentative
map and took no action on the other items. If you have any questions please contact the Community
Development Department at 408-777-3308.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city clerk
within ten days after the council's decision. Any petition so filed must comply with municipal
ordinance code ~2. 08. 096.
Sincerely:
6
Grace Schmidt
Deputy City Clerk
February 5, 2008
Page 2
cc: Community Development
Judie Gilli
Metropolitan Planning Group
400 W. Evelyn Avenue
Sunnyvale, CA 94086
Dollinger-De Anza Associates
555 Twin Dolphin Drive
Redwood City, CA 94065
Richard Shapiro
On behalf of Graniterock Company
101 Second Street Suite 1800
San Francisco, CA 94105
Christopher Mann
Director of Real Estate Services
Graniterock
P.O. Box 50001
Watsonville CA, 95077-5001
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 APPROV AL 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 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
Page 2
ASA-2007-04
January 22, 2008
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2007-04
Metropolitan Planning Group
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:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Kaneda
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: Rose
ATTEST:
APPROVED:
/ s / Steve Piasecki
Steve Piasecki
Director of Community Development
/ s / Marty Miller
Marty Miller, Chairperson
Planning Commission
G: \ Planning \ PDREPORT\ RES \ 2007\ASA-2007-04 denial. doc