Reso 6239 M-2004-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6239
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR
VALLCO FASHION PARK (01-DA-90) TO ALLOW A MOVIE THEATER COMPLEX TO BE
LOCATED ON TOP OF THE EXISTING MALL SHOPS OR WITHING THE EXISTING
PARKING LOTS ADJACENT TO WOLFE ROAD.
SECTION I: PROTECT DESCRIPTION
Application No(s).: M-2004-01 (EA-2004-0�
Applicant: Mike Rohde (Vallco Fashion Park)
Location: 10123 N. Wolfe Road
SECTION II: FINDINGS FOR ZONING PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for
the amendment to the development agreement, 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 this matter; and
I WHEREAS, the Planning Commission finds that the subject rezoning meets the following
requirements:
1) That the amendment is in conformance with the General Plan of the City of Cupertino.
2) That the amendment encourages the most appropriate use of land as compared to the
majority of other parcels in this same district.
3) That the proposed amendment is otherwise not detrimental to the health, safety, peace,
morals and general welfare of persons residing or working in the neighborhood of subject
parcels.
4) That the amendment 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 amendment is hereby recommended for approval;
and
Resolution No. 6239 M-2004-01 Apri126, 2004
Paee 2
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No. M-2004-01
(EA-2004-0�, as set forth in the Minutes of the Planning Commission Meeting of April 26,
2004, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1 APPROVED EXHIBITS
� The recommendation of approval is based on Exhibit A.
PASSED AND ADOPTED this 26th day of April, 2004, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and Chairperson
Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: ,
ATTEST: APPROVED:
/
� �
_ -�
Steve iasecki T i Saadati, Chairperson
Director of Community Development upertino Planning Commission
G: � Planning\ PDREPORT� RES �M-200401res.doc