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Reso 6573 Z-2009-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6573 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE RE-ZONING OF TWO PROPERTIES COMPRISING 0.6 ACRES FROM R1-7.5, SINGLE FAMILY RESIDENTIAL, TO PR, PARK & RECREATION, LOCATED ON THE EASTERLY SIDE OF STERLING BLVD. AT THE EASTERLY TERMINUS OF BARNHART AVE. SECTION I: PROTECT DESCRIPTION Application No.: Z-2009-03 (EA-2009-08) Applicant: City of Cupertino Location: Easterly side of Sterling Blvd. at the easterly terminus of Barnhart Ave. (APN's 375-23-046, -047) SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning of properties, 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 meets 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. 6573 Z-2009-03 October 27, 2009 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-2009-03 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-2009-03, as set forth in the Minutes of the Planning Commission Meeting of October 27, 2009 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 A: Zoning Plot Map, and Exhibit B: Legal Description. PASSED AND ADOPTED this 27th day of October 2009, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Kaneda, Lee, Miller, Vice-Chair Brophy NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Chairperson Giefer ATTEST: A R V . ��G.�� r. Aarti Shrivastava, Director Paul Brophy ic -Ch ir Community Development Department Planning C i sion G:\Planning\PDREPORT\RES\2008\Z-2009-03 res.doc