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CC Resolution No. 02-138RESOLUTION NO. 02-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING A PUBLIC HEARING FOR A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION OF A 1.57 ACRE PARCEL LOCATED AT 10931 MAXINE AVENUE FROM RESIDENTIAL LOW DENSITY 1-5 DWELLING UNITS PER GROSS ACRE TO QUASI-PUBLIC WHEREAS, the city of Cupertino has received an application for a General Plan Amendment; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposal appears to support the existing general plan goals and objectives (although the degree of public benefit could not be fully ascertained until the project is fully assessed) because the property is zoned Quasi-Public and childcare centers are an allowed use in the Quasi-Public zone; 2) The existing general plan policy, which precludes the proposal, is based upon outdated or inaccurate information because the elimination of Policy 2-80 was based on the inappropriateness of large quasi-public uses in a non-quasi-public land use designation. This proposal is for a small quasi-public use; NOW, THEREFORE BE IT RESOLVED, that the City Council &the City of Cupertino hereby approves the setting of a public heating for a general plan amendment to change the land use designation of a 1.57 acre parcel located at 10931 Maxine Avenue from Residential Low Density 1-5 Dwelling Units per Gross Acre to Quasi-Public. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of July 2002 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTA1N: Lowenthal, Chang, James, Kwok, Sandoval None None None Attest: Approved: Mayor, City of Cupertino