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Reso 6367 Z-2005-01 I CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 � RESOLUTION No. 6367 (denial) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDED DENIAL OF THE REZONING OF A 12 ACRE SITE FROM ML(LIGHT INDUSTRIAL) ZONING DISTRICT TO P(RES) (PLANNED RESIDENTIAL) FOR A 94-UNIT � PLANNED RESIDENTIAL DEVELOPMENT ON RESULTS WAY, WEST OF BUBB ROAD AND EAST OF IMPERIAL AVENUE I ( SECTION I: PROTECT DESCRIPTION � A lication No s .: Z-2005-01 EA-2005-01 PP � ) � ) � Applicant: Alan Loving (Taylor Woodrow Homes) Location: Results Way,west of Bubb Road and east of Imperial Avenue. ( SECTION II: FINDINGS FOR ZONING PERMIT 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 as compared to the majority of other parcels in this same district. 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. Model Resolution Z-2005-01 January 24,2006 Pa�e 2 ( 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 denial; and That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No. Z-2005-01 , (EA-2005-01), as set forth in the Minutes of the Planning Commission Meeting of January 24, 2006, and are incorporated by reference as though fully set forth herein. PASSED AND ADOPTED this 24th day of January, 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Wong NOES: COMMISSIONERS:Saadati ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: � " _ , Steve Piasecki Marty ill r, Chairperson Director of Community Development Cupertino lanning Commission G:�Planning�PDREPORT�RES\2005�Z-2005-01 denial res.doc