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Reso 4611 5-Z-95 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4611 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL FOR A CHANGE OF ZONE DESIGNATION FOR 2.67 NET ACRES ON UPLAND WAY, SPECIFICALLY APN: 366-03-009, 010, 011, FROM PER-RHS, PRE-ZONED RESIDENTIAL HILLSIDE, TO PRE-RHS-10, PRE-RHS-20 and PRE-RHS-40, PRE-ZONED RESIDENTIAL HILLSIDE WITH A MINIMUM LOT SIZE OF 10,000 SQUARE FEET, 20,000 SQ. FT. AND 40,000 SQUARE FT. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino directed staff to process a change of zone, as described on this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Chapter 19.120 of the Cupertino Municipal Code, and the Planning Commission has held one or more public hearings on the subject application; and WHEREAS, the Planning Commission finds the following with regards to changing the zoning designation on the subject parcels: a) That the change of zone is in the best interest of the public; b) That the change of zone is in conformance with the Cupertino General Plan; c) That the change of zone is in conformance with all applicable municipal codes; d) That the properties are adequate in size and shape to conform with the new zoning designation; e) That the new zoning designation encourages the most appropriate subdivision and use of the land; and fl That the change of zone is not detrimental to the health, safety and general welfare of the persons residing in the neighborhood of the subject pazcels. g) That the geologic hazards and topography were reviewed and found to create substantial restrictions on the subject lots. The minimum lot sizes take into account these restrictions. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�ibits, testimony and other evidence submitted in this matter, the application for change of zone 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 5-Z-95 as set forth in the minutes of the Planning Commission meeting of May 22, 1995, and are incorporated by reference as though fully set forth herein. Resolution No. 4611 (5-Z-95) May 22, 1995 Page -2- SECTION II: PROJECT DESCRIPTION Application No(s): 5-Z-95 Applicant: City of Cupertino Property Owner: Various owners Project Location: 11593, 11611 and 11631 Upland Way, also known as APN: 366-03-009, O10 and 011. SFC'�'ION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT 1. APPROVED EXHIBITS The recommendation of approval is based on the zoning plat map labeled exhibit A. PASSED AND ADOPTED this 22nd day of May, 1995, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Harris, Mahoney, Roberts and Chairman Doyle NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPR ED: � � Robert Cowan David Doyle, Chairman Director of Community Development Planning Commission g:/planning/Sz95res