Reso 6221 TM-2003-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6221
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A VESTING TENTATIVE MAP TO SUBDIVIDE
ONE 8.4 ACRE PARCEL INTO ONE 5.5 ACRE COMMERCIAL PROPERTY AND ONE
2.9 ACRE RESIDENTIAL PROPERTY AND A CONDOMINIUM MAP FOR 49 UNITS
ON THE 2.9 ACRE RESIDENTIAL PROPERTY.
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2003-03 (EA-2003-11)
Applicant: Ken Busch/Regis Homes
Location: 21255 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision Map as described in Section I 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 avoidable injure fish and
wildlife or their habitat.
e) That the designs of the subdivision or the type of improvements associated therewith
are not likely to cause serious public health problems.
� 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 6221 TM-2003-03 November 10, 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-2003-03 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-2003-03, as
set forth in the Minutes of Planning Commission Meeting of November 10, 2003, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approved is based on the plan set entitled "Vesting Tentative Tract Map For: Regis
Homes of Northern California" prepared by Kier &Wright Civil Engineers and
Surveyors, Inc. dated October 2003.
2. 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.
PASSED AND ADOPTED this 10th day of November 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Miller, Vice-Chair Saadati and Chairperson Chen
NOES: COMMISSIONERS: Wong
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
, . ��
Steve Piasecki Angela hen, Chairperson
Director of Community Development Cupertino Planning Commission