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Reso 6089 02-Z-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6089 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL TO REZONE 3,220 SQUARE FEET OF FORUM PROPERTY FOR 23657 & 23667 BLACK OAK WAY. I SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a rezoning, as described on 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 the subject application; and WHEREAS, the Planning Commission finds that the subject rezoning meets the following requirements: a) That the rezoning is in conformance with the General Plan of the City of Cupertino, b) That the properties involved are adequate in size and shape to conform to the new pre- zoning designation. c) That the new rezone encourages the most appropriate use of land. d) That the proposed rezone is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. e) That the rezoning promotes the orderly development of the city. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for rezone is hereby recommended for approval; 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. 02-Z-01 as set forth in the Minutes of the Planning Commission Meeting of April 9, 2001, are incorporated by reference as though fully set forth herein. Resolution No. 6089 02-Z-01 Apri19, 2001 Page -2- ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- SECTION II: PROJECT DESCRIPTION Application No: 02-Z-01 Applicant: Brian Kangas Foulk (for Al Powell and Donald Kretsch) Location: 23657 & 23667 Black Oak Way I SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBIT Recommendation of approval is based on a Exhibit B, Zoning Plat Map, dated 2/16/O1. 2. LOT LINE ADJUSTMENT A lot line adjustment shall be submitted to and approved by Cupertino staff. ------------------------------------------------------------------------ ------------------------------------------------------------------------ PASSED AND ADOPTED this 9th day of April, 2001, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Corr, Patnoe, Chen, Auerbach and Chairperson Kwok NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTES : APPROVED: � � � � • G Steve Piasecki Patrick Kwok, Chair Director of Community Development Planning Commission g:/pdreport/res/r02z01