Reso 4658 CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
RESOLUTION NO. 4658
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL
TO DELETE CONDITIONS OF APPROVAL REGARDING ACCESS TO COMMON AREA
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application as described in
this Resolution; and
WHEREAS, the necessary public notices have heen given in accordance with the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held one or more public hearings on the subject
application; and
WHEREAS, the Planning Commission finds that the subject change of conditions does not meet the
following requirements:
1. That the use of uses are in conformance with the General Plan of the City of Cupertino, and
are not detrimental to existing uses or to uses specifically permitted in the zone in which the
proposed use is to be located.
2. That the proper�y involved is adequate in size and shape to accommodate the proposed use.
3. The intent of the original 1989 Condition 15 regarding common area required that the
residents of the 18 acres share common area and this should continue.
4. The future residents of the Corsica single family homes which are not adequately represented and
will not have access to private open space should be given access to Phase II Common Area or
have Condition 15 maintained sitewide.
5. The General Plan identifies this neighborhood as having an existing deficit of available public
parkland. This creates a greater need for the residents not being served by private on-site common
area. �
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of rnaps, facts, e�ibits, testimony and other evidence submitted in this
matter, the application for change of conditions is hereby denied; and •
That the subconclusions upon which the findings specified in this Resolution are based and contained in
the Public Hearing record concerning this application of the common area, as set forth in the Minutes of
the Planning Commission Meeting of November 27, 1995, and are incorporated by reference as though
fully set forth herein.
Resolution No. 4658 November 27, 1995
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No(s): 6-TM-94, 10-U-89, 8-U-94 (Mod.) and 6-TM-95
Applicant: City of Cupertino
Property Owner: Various
Location: Area bordered by DeAnza Boulevard, Homestead Road, Blue Jay Drive & I-280.
PASSED AND ADOPTED this 27th day of November, 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: Harris, Roberts and Chairman Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Austin and Mahoney
ATTEST: APPR .
Robert S. Cowan David Doyle, irman
Director of Community Development Planning Commission
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