Reso 6274 i
' M-2004-07
� CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6274
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
I RECOMMENDING APPROVAL OF A MODIFICATION TO A USE PERMIT AND
TENTATIVE MAP TO ALLOW A PREVIOUSLY APPROVED MIXED USE PROJECT TO
i BE A CONDOMINIUM PROJECT.
� SECTION I: PROTECT DESCRIPTION
Application No.: M-2004-07 (EA-2003-09)
Applicant: Jane Vaughan (Menlo Equities)
� Location: 10050 N. Wolfe Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
� for a Modification of a Use Permit and Tentative Map, as described in Section I of this
Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
� one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
� application; and has satisfied the following requirements:
` 1. The proposed use, at the proposed location, will not be detrimental or injurious
to property or improvements in the vicinity, and will not be detrimental to the
1 public health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
� General Plan and the purpose of this title;
� 3. The proposed condominium subdivision is consistent with the General Plan and
the Heart of the City Specific Plan.
( 4. The site is physically suitable for the condominium subdivision at the proposed
density.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. M-2004-07 is hereby approved; and
Resolution No. 6274 M-2004-07 September 27, 2004
Page 2
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application M-2004-07, as set forth in the Minutes of the Planning Commission Meeting
of September 27, 2004, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
i 1. APPROVED AMENDMENT
The project shall be subject to the conditions of approval in this resolution and in the
� City Council action letter dated December 17, 2003 for Z-2003-02, TM-2003-02, U-
2003-04, EXC-2003-06 and EA-2003-09.
2. APPROVED EXHIBITS
Approval is based on the plan set entitled "Tentative Map" by Dahlin Group, except
as may be amended by the conditions contained in this approval.
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
f 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 27� day of September 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
� AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and
� Chairperson Saadati
NOES: COMMISSIONERS:
� ABSTAIN: COMMISSIONERS:
� ABSENT: COMMISSIONERS:
ATTEST APPROVE :
� r,,.
—_ � ,�
Steve Piasecki Tag ' adati, Chairperson
Director of Community Development Cupertino Planning Commission
_ G: � Planning � PDREPORT � RES � M-2004-07 res.doc