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Reso 6371 Z-2005-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6371 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE RE-ZONING TO ALLOW FOR A COMMERCIAL AND RESIDENTIAL DEVELOPMENT CONSISTING OF APPROXIMATELY 113,000 SQUARE FEET OF COMMERCIAL SHOPPING CENTER, UP TO 399 RESIDENTIAL UNITS AND A 3.5 ACRE PUBLIC PARK AT STEVENS CREEK BOULEVARD AT FINCH AVENUE SECTION I: PROTECT DESCRIPTION Application No.: Z-2005-04 (EA-2005-17) Applicant: Kelly Snider (Toll Bros.) Location: Stevens Creek blvd @ Finch Ave SECTION II: FINDINGS FOR REZONING 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 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. 6371 Z-2005-04 January 26,2006 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-2005-04 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-2005-04, as set forth in the Minutes of the Planning Commission Meeting of January 26, 2006 and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1 APPROVED EXHIBITS Zoning approval is for area shown in the approved Zoning Plat Maps. PASSED AND ADOPTED this 26+� 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, Saadati Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: � , � Steve Pia cki Marty '1 er, Chairperson Director of Community Development Cupertino Planning Commission