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Reso 4675 11-Z-95 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 RESOLUTION NO. 4675 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL FOR REZONING A.7 ACRE PARCEL TO P(RES. 4.4 - 7.7 DWELLING LJNITS PER GROSS ACRE) SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a change of zone, as described in 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 change of zone meets the following requirements: a) That the change of zone is in conformance with the General Plan of the City of Cupertino, and is consistent with the existing uses on the subject lots. b) That the property involved is adequate in size and shape to conform to the new zoning designation. c) That the new zone encourages the most appropriate use of land. d) That the proposed change of zone 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 change of zone 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 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 11-Z-95 as set forth in the Minutes of the Planning Commission Meeting of December 11, 1995, and aze incorporated by reference as though fully set forth herein. SF.CTTnN ii: PROJECT DESCRIPTION Application No(s): 11-Z-95 Applicant: Peninsula 7 Property Owner: Same Location: Peninsula Avenue Resolution No. 4675 11-Z-95 December 11, 1995 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPM .NT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on E�ibit A: Zoning Plat for A.P.N. 326-25-032 by J.M.H. 3383, OWNER/APPLICANT: PENINSULA 7, Exhibit B: Legal Description and the Plan titled "Conceptual Site Plan, owner Peninsula 7, Saratoga, CA" dated 12/5/95 except as j may be amended by the conditions contained in this resolution. 2. FRONT SETBACKS A minimum building setback of ten (10) feet from the proposed sidewalk shall be maintained for the first story. A minimum building setback of fifteen (15) feet from the proposed sidewalk shall be maintained for the second story of residences on lots #6 and #7. 3. COMPLIANCE WITH SINGLE FAMILY REGULATIONS Modifications to the approved plans are allowed if in compliance with the R-1 single family residential zoning district and the accessory structure ordinances. PASSED AND ADOPTED this l lth day of December, 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 and Chair poyle NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Roberts ATTEST: APPR VED: . a Robert S. Cowan David Doyle, hairman Director of Community Development Planning Commission g:/pdreport/res 11 z95