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Reso 6300 Z-2005-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6300 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF THE RE-ZONING OF A TWO-ACRE PARCEL FROM PUBLIC PARK OR RECREATION (PR) TO PLANNED COMMERCIAL (P-COM) SECTION I: PROTECT DESCRIPTION Application No.: Z-2005-03 (EA-2005-04) Applicant: City of Cupertino (Blue Pheasant Restaurant) Location: 22100 Stevens Creek Boulevard 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 in conformance with the General Plan of the City of Cupertino. 2) That the property involved is adequate in size and shape to conform to the new zoning designation. 3) That the new zoning encourages the most appropriate use of land. 4) That the proposed rezoning is otherwise not 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 promotes the orderly development of the city. Resolution No. 6300 Z-2005-03 May 10, 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-2005-03 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 Z-2005-03, as set forth in the Minutes of the Planning Commission Meeting of May 10, 2005 and are incorporated by reference herein. PASSED AND ADOPTED this 10� day of May 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: Vice-Chair Miller and Chairperson Wong NOES: COMMISSIONERS: Chen and Giefer ' ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Saadati � ATTES : APPROVED: � � �,� � � -� ��� . Steve Piasec ci Gilbert Wong, Chairp on Director of Community Development Cupertino Planning Commission