Reso 6287 Z-2004-03
" CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6287 (Denial)
, OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENYING THE RE-ZONING OF A 1.37 ACRE PARCEL FROM
P(CG, ML, RES 4-10) TO P(CG, ML, RES 35)
SECTION I: PROTECT DESCRIPTION
Application No.: Z-2004-03 (EA-2004-10)
Applicant: Greg Pinn (Oak Park Village)
Location: 10745 N. De Anza. (former Santa Barbara Grill)
SECTION II: FINDINGS FOR REZONING
WHEREAS, the Planning Commission of the City of Cupertino received an application
for the rezoning of property, 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
WHEREAS, the Planning Commission finds that the subject rezoning does not meet the
following requirements:
1) That the rezoning is not in conformance with the General Plan of the City of
Cupertino.
2) That the property involved is not adequate in size and shape to conform to the new
zoning designation.
3) That the new zoning does not encourage the most appropriate use of land.
4) That the proposed rezoning is detrimental to the health, safety, peace, morals and
general welfare of persons residing or working in the neighborhood of subject
parcels.
5) That the rezoning does not promotes the orderly development of the city.
Resolution No. 6287 Z-2004-03 January 25, 2005
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. Z-2004-03 is hereby recommended for denial;
and
That the subconclusions upon which the findings specified in this Resolution are based
and contained in the Public Hearing record concerning Application Z-2004-03, as set
forth in the Minutes of the Planning Commission Meeting of January 25, 2005 and are
incorporated by reference herein.
PASSED AND ADOPTED this 25� day of January 2005, 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, Saadati and Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Vice-Chair Miller
ABSENT: COMMISSIONERS:
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ATTEST: � APPROVED:
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Steve Piasecki Gilbert Wong, Chairpers '�
Director of Community Development Cupertino Planning Commission