Reso 6236 TM-2004-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6236
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE ONE 0.4-
ACRE PARCEL INTO TWO PARCELS FOR AN APPROVED PLANNED
DEVELOPMENT PROJECT; ONE PARCEL IS 0.1 ACRES FOR RETAIL (LOT 1) AND
ONE IS 0.3 ACRES FOR A CONDOMINIUM OFFICE USE (LOT 2).
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2004-02
Applicant: Hunter Storm Associates
Location: Southwest corner of Rodrigues Avenue and Torre Avenue
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 No. 6236 TM-2004-02 April 12, 2004
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-2004-02 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-2004-02, as set forth in the Minutes of Planning Commission Meeting of
April 12, 2004, 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 exhibits C-1, C-2, C-3 and C-4 respectively entitled "Tentative
Map - Phase I," "Tentative Map - Probable Phase II," "Tentative Map - Probable
Phase III," and "Tentative Map - Total Buildout" by Kier & Wright Civil Engineers,
dated May 5, 2003, last updated March 4, 2004 except as may be amended by the
Conditions contained in this Resolution.
2. PREVIOUS CONDITIONS
All City conditions from U-2002-06 and TM-2002-02, approved by the City Council
on May 19, 2003, shall apply to this action.
3. MAINTENANCE COVENANT
The applicant shall record a covenant and deed restriction running with the land
obligating existing and future property owners to maintain the building, grounds
and landscaping to a high standard consistent with the surrounding office buildings.
( Said "high standard" shall ensure the following: (1) that building elements such as
windows, walls and roof elements are free of any visible wear including but not
limited to splintered wood, peeling paint, broken windows, missing roof tiles; (2)
that the grounds are free of debris, storage exterior to the buildings and parking
structure or otherwise visible storage of any kind, uplifted curbs or sidewalks or
uplifted on-site curbs and walkways; (3) that the landscaping is neatly trimmed and
free of weeds or debris.
The covenant and deed restriction shall be reviewed and approved by the City
Attorney and recorded prior to the transfer of ownership of any of the affected
parcels as determined by the City Attorney.
Resolution No. 6236 TM-2004-02 Apri112, 2004
Page 3
4. 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 12th day of April 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Miller and Chairperson Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Vice-Chair Wong
ABSENT: COMMISSIONERS:
ATTEST: APPROVE .
��,-...,/� •
Steve Piasecki Tag adati, Chairperson
Director of Community Development Cupertino Planning Commission
G: � Planning � PDREPORT � RES `TM-2004-02.doc
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