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Reso 6593 Z-2010-01 CITY OF CUPERTINO � 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6593 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE PRE-ZONING AND RE-ZONING OF ONE LOT OF 0.618 ACRE, CONSISTING OF A PRE-ZONING OF 0.028 ACRE FROM THE CITY OF SUNNYVALE TO PRE-R1-7.5 (SINGLE-FAMILY RESIDENTIAL, 7,500 SQUARE FEET MINIMUM LOT SIZE) AND A RE-ZONING OF 0.59 ACRE FROM A1-43 TO R1-7.5 FOR PROPERTY LOCATED NORTH AND ABUTTING TO 10642 NORTH PORTAL AVENUE. SECTION I: PROTECT DESCRIPTION Application No.: Z-2010-01 (EA-2010-01) Applicant: City of Cupertino Location: Northerly and abutting to 10642 North Portal Avenue (APN's 316- � 32-047, -048) SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the prezoning and 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 prezoning & rezoning meet the following requirements: 1) That the prezoning & rezoning are 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. Resolution No. 6593 Z-2010-01 April 13, 2010 Page 2 4) That the proposed prezoning & rezoning are 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 prezoning &rezoning 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, application no. Z-2010-01 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 Z-2010-01, as set forth in the Minutes of the Planning Commission Meeting of Apri113, 2010 and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A1 and A2: Zoning Plot Maps, and Exhibit B1 & B2: Legal Descriptions. PASSED AND ADOPTED this 13�' day of April 2010, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Miller NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Giefer, Kaneda ATTEST: A ROV D: i Aarti Shrivastava, Director P 1 Brophy, h ' Community Development Department Planning Co issio G:\Planning\PDREPORT\RES\2010\Z-2010-01 res.doc