Reso 6212 TM-2003-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6212
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
' RECOMMENDING APPROVAL OF A TENTATIVE MAP TO TO SUBDIVIDE ONE EXISTING
PARCEL OF 7.74 ACRES TO CREATE TWO PARCELS OF 4.47 AND 3.2 ACRES IN A
� P(CG, O, ML, HOTEL) ZONING DISTRICT
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SECTION I: PROTECT DESCRIPTION
Application No.: Z-2003-02, U-2003-04,EA-2003-09, TM-2003-02, EXC-2003-06
I Applicant: Menlo Equities
Location: APN#s: 316-20-084-Cupertino Financial Center (northeast corner of the
intersection of Wolfe Road and Stevens Creek Boulevard)
SECTION II: FINDINGS:
i WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Tentative Subdivision Map as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Subdivision and
Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least
one public hearing in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfied the following requirements:
� a. That the proposed subdivision map is consistent with the City of Cupertino General Plan.
b. That the design and improvements of the proposed subdivision are consistent with the
� General Plan.
c. That the site is physically suitable for the type and intensity of development contemplated
under the approved subdivision.
d. That the design of the subdivision or the proposed improvements are not likely to cause
� substantial environmental damage nor substantially and unavoidable injure fish and
wildlife or their habitat.
e. That the design of the subdivision or the type of improvements associated therewith are not
likely to cause serious public health problems.
f. That the design of the subdivision and its associated improvements will not conflict with
� easements acquired by the public at large for access through or use of property within the
proposed subdivision.
Resolution No. 6212 TM-2003-02 October 27,2003
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application TM-2003-02 for a Tentative Map is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof, 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 TM-2003-02, as set
forth in the Minutes of Planning Commission Meeting of October 27, 2003 and are incorporated
by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on plan set dated December 9, 2003 entitled "Cupertino Courtyard" and
as amended by this resolution.
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2. USE PERMIT U-2003-04 CONDITIONS
Conditions of approval 1,3, 7, 11-14, 15, 17, 18 as applicable, l9, 21, 24 and 26-43 for Use
Permit U-2003-04 shall apply.
3. NOTICE OF FEES, DEDICATIONS,RESERVATIONS OR OTHER EXACTIONS
� The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other exactions.
You are hereby further notified that the 90-day approval period in which you may protest
these fees, dedications, reservations, and other exactions, pursuant to Government Code
Section 66020(a),has begun. If you fail to file a protest within this 90-day period complying
with all of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
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Resolution No. 6212 TM-2003-02 October 27, 2003
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PASSED AND ADOPTED this 27th day of October 2003, at a Regular Meeting of the Planning
► Commission of the City of Cupertino by the following roll call vote:
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AYES: COMMISSIONERS: Corr, Miller,Wong, Vice-Chair Saadati and Chairperson
Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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ATTEST• APPROVED:
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� Steve iasecki � ngela Ch , Chairperson
Director of Community Development Cupertino nning Commission
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