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Reso 4504 3-TM-92 (MOD.) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4504 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION TO A TENTATIVE MAP TO SUBDIVIDE A LOT INTO TWO PARCELS OF 1.15 AC. AND 1.13 AC. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Modification of a Tentative Map, as described on Page 1 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design or improvement of the proposed subdivision is 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 type of improvements associated therewith are not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the vicinity of the subdivision. e) 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. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for 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 3-TM-92 (Mod.) as set forth in the Minutes of the Planning Commission Meeting of February 14, 1994, and are incorporated by reference � though fully set forth herein. SECTION II: PROJECT DESCRIPTION Applicant No(s): 3-TM-92 (Mod.) Applicant: Mark Sandoval Property Owner: Joseph and Xenia Czisch Location: 11845 Upland Way Resolution No. 4504 (3-TM-92 (mod.)) February 14, 1994 Page -2- -------------------------------------------------------------------------- --------------------------------------------------------------------------- SECTION III: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. All previous Public Works Department conditions found in Planning Commission Resolution No. 4420 adopted on September 14, 1992 remain in effect. SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 2. APPROVED EXHIBITS The recommendation of approval is based on Tentative Map Eachibit dated December 23, 1993, Titled 11845 Upland Way, APN 336-03-051, Cupertino, California, and consisting of three sheets, except as may be amended by the Conditions contained in this Resolution. 3. PREVIOUS TENTATIVE MAP CONDITIONS All previous Community Development Department conditions found in Planning Commission Resolution No. 4420 adopted on September 14, 1992 remain in effect, except for condition #20 regarding building height which is deleted in its entirety. --------------------------------------------------------------------------- --------------------------------------------------------------------------- PASSED AND ADOPTED this 14th day of February, 1994, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: ' AYES: COMMISSIONERS: Doyle, Roberts and Chairman Mahoney NOES: COMMISSIONERS: Austin and Harris ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None � ATTEST: APPROVED: 1�� �� , ;%, / � �-�� � �� Robert S. Cowan Orrin Mahoney, airman Director of Community Development Cupertino Planning Commission 1 g:/mm/peresos/3tm92mod I