Reso 4627 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION NO. 4627
RESOLUTION OF THE CUPERTINO PLANNING COMMISSION RECOMMENDING
AMENDMENT TO USE PERMIT APPLICATIONS 10-U-89 & 8-U-94
Property Descri�tion
The property(ies) involved contain approximately 18 acres and are located in the southwest
quadrant of Homestead Road and DeAnza Boulevard.
Findin
That upon review of written material and verbal testimony presented in a public hearing, The
Planning Commission finds that the below described amendments to the subject development
applications are consistent with the general plan.
1. Condition 15 "Common Area" of 10-U-89 is hereby amended to read as follows:
The common recreation area shall remain available to serve Phases I& III, provided that the
applicant (Citation Homes) diligently prosecutes its legal action to require said access. In the
event that the applicant is unable to obtain legal access Condition 15 is hereby modified to
require that properties in the Corsica Homeowners Association have access to recreational
facilities in Phase II. The design and extent of access to the recreational open space in Phase
II will be determined at the hearing on the tentative map for Phase II. Said access, if
required, shall be conditioned upon an agreement for joint maintenance of the recreational
facilities.
2. Condition 40 "Project Phasing" of 10-U-89 shall be amended to delete the first paragraph.
3. The last sentence of Condition 1 of 8-U-94 "Approved Exhibits" is amended to conformed to
the provisions of paragraph 1 above.
4. Condition 3 of 8-U-94 "BMR Units" is amended to read: "In oxder to guarantee the
construction of the required 8 BMR units on the adjoining 5+ acre site, the applicant
shall execute an agreement, approved by the City Attorney, to withhold occupancy
permits of 8 dwelling units on the single family (Phase III) site pending pour of concrete
for the adjoining 5+ acre multi-family project. The applicant may post a$800,000 bond
or letter of credit approved by the City Attorney, in lieu of withholding the 8 dwelling
units. Said bond or Letter of Credit shall be held for no more than 1 year upon transfer of
any or all of the last 8 dwellings. After a one year period, the bond or Letter of Credit
shall be forfeited and the $800,000 shall be transferred to the City for use in the
affordable housing fund.
All conditions not changed by this resolution as required by the City Council action letter of
October 23, 1989, must be upheld and completed, except that condition 18 pertaining to
development phasing is not incorporated by reference.
PASSED AND ADOPTED this l Oth day of July, 1995, at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris, Mahoney, Roberts and Chairman Doyle
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
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Robert S. Cowan, Director of David Doyl , Chai an/Cupertino
Community Development Planning Commission
g/planning/res 10U94