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Reso 6717 GPA-2012-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6717 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE A GENERAL PLAN AMENDMENT TO AMEND THE GENERAL PLAN LAND USE MAP FROM MEDIUM HIGH DENSITY RESIDENTIAL (10-20 DU/GR. AC.) TO PARK&OPEN SPACE FOR PROPERTY LOCATED AT THE CORNER OF VILLA REAL AND MARY AVENUE, APN 326-27-030 SECTION I: PROJECT DESCRIPTION Application No.: GPA-2012-01 Applicant: City of Cupertino Location: corner of Villa Real and Mary Avenue, APN 326-27-030 SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino has received an application for a General Plan Amendment to amend the General Plan Land Use Map to change the land use designation from Medium High Density Residential (10-20 du/gr. ac.) to Park & Open Space for property located at the corner of Villa Real and Mary Avenue, APN 326-27-030; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino in that the property was posted with a site notice at least 14 days prior to the hearing and hearing notices were publish in a local newspaper of general circulation, and mailed first class to owners of record of real property within 1,000 feet of the project property. In addition, interested parties of the dog park were emailed a public hearing notice. The Planning Commission has held one or more public hearings on this matter and that hearing was held on January 8, 2013; and WHEREAS, the Planning Commission finds that the General Plan amendment is consistent and compatible with the proposed use of the property as a dog park in that the proposed general plan land use designation of Park and Open Space is applied to land owned by the public and used for recreation or open space purposes. A park for the use of off-leash dogs and their owners meets that recreational purpose; and WHEREAS, the Planning Commission has determined that there will not be significant environmental impacts to revise the General Plan Land Use Map in that the Planning Commission reviewed the prepared Initial Study and Mitigated Negative Declaration, held a public hearing and took public comments on the Initial Study and Mitigated Negative Declaration and subsequently adopted a recommendation for the City Council to adopt a Mitigated Negative Declaration for the project; Resolution No. 6717 GPA-2012-01 January 8,2013 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, a Mitigated Negative Declaration for environmental review purposes is recommended for approval, and application no. GPA-2012-01 is hereby recommended for approval by the Planning Commission, subject to the conditions which are enumerated in this Resolution; 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 GPA-2012-01, as set forth in the Minutes of the Planning Commission meeting of January 8, 2013 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibit A (General Plan Land Use Map), except as may be amended by the Conditions contained in the Resolution. PASSED AND ADOPTED this 8th day of January 2013, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONEIZS: Brownley, Lee, Chair Miller NOES: COMMISSIONERS: Brophy, Sun ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS:none ATTEST: APPROVED: ` , �� ! , A' ,'�������ir"�t�� '',..�. A�rti Shrivastava ill , Chair Community Development Director Planning Co mission G:\Planning\PDREPORT\CC RES\2012\GPA-2012-01 Resolution No. 6717 GPA-2012-01 January S,2013 Exhibit A �.�' � oR , , � � � ( z METEOR -'"'µ � �� T� �.� a� W � 2 ST ���'�+�y� �� � �! , d � �K'� � �\ �'P�,� �S MI�LARD�LN �� w�� U' .w.. � ° ..... \ 'S- �... � qV����\ v � . ¢ ¢ w eFNNFrr�� �� �,y ALENCI� � Q _M+L�ORD , DR � ¢ �� � � w r w' � � �, ; � ��a �, �, m�✓1AY�AGA Q Q Q' ¢'. r\; �EGj 0�P ,, , GRANADA �� �I � �, , ,q� LUBEGST � �! � � �`lS� ��, °`a� � � � . m�.. � �. 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