Reso 6574 TM-2009-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
' RESOLUTION NO. 6574
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE PARCEL MAP TO SUBDIVIDE A MIXED-USE BUILDING INTO TWO
COMMERCIAL/OFFICE UNITS AND ONE RESIDENTIAL CONDOMINIUM
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision Map, as described in Section II 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) That the proposed subdivision map is consistent with t11e City of Cupertino
General Plan.
2) That the design and improvements of the proposed subdivision is consistent
with the General Plan.
3) That the site is physically suitable for the type of development.
4) That the design of the subdivision or the proposed improvements is not likely
to cause substantial environmental damage nor substantially and
unavoidable injure fish and wildlife or their habitat.
5) That the design of the subdivision or the type of improvements associated
therewith is not likely to cause serious public health problems.
6) 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 Subdivision 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
No. TM-2009-04 as set forth in the Minutes of the Planning Commission Meeting of
November 24, 2009, and are incorporated by reference as though fully set forth herein.
Resolution No. 6574 TM-2009-04 November 24, 2009
Page 2
SECTION II: PRO1ECT DESCRIPTION
Application No.: TM-2009-04
Applicant: Terry Brown (Bill Marci Properties, LLC.)
Location: 10056 & 10058 Orange Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit titled: "Tentative Parcel
Map for Condominium Purposes, Lot 1 Orange Condominiums, Cupertino,
Santa Clara County, California", labeled "Sheet No. 1 of 1", dated November 10,
2009, except as may be amended by the Conditions contained in this Resolution.
2. MAINTENANCE AGREEMENT
Applicant shall record a maintenance agreement to ensure maintenance of all
common areas of the development. The agreement shall be recorded in
conjunction with recordation of the final map, and shall be subject to approval as
to form and content by the City Attorney prior to recordation.
3. CONFORMANCE WITH PRIOR APPROVALS
The Director of Community Development shall confirm that the subdivided
parcels conform to prior approvals (U-2006-14, ASA-2006-25, and TR-2007-01) for
this site.
4. FORMATION OF A PROPERTY OWNER'S ASSOCIATION
A Property Owner's Association shall be formed to maintain the common areas
of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall Ue
reviewed and approved by the City Attorney prior to recordation. The following
terms shall be incorporated in to the Association's Conditions, Covenants and
Restrictions:
• The members/board shall meet at a minimum of once/year
• The Association dues shall cover:
o Maintenance of common area on the property including hardscaping,
parking, landscaping and accessory items, such as trash bins/areas, tree
grates, outside trash bins, fences, etc,
o Building and site repair on a regular schedule, or as otherwise necessary,
and building renovation and replacement as necessary.
• Any changes to the CC&R's must be reviewed and approved by the City
• Disbanding of the Association shall require written permission from the
City.
5. RESTRICTED USE OF SPACE
At least 400 s.f. of Commercial/Office Unit 1 shall be occupied by commercial
uses or similar uses deemed appropriate by the Director of Community
Development.
Resolution No. 6574 TM-2009-04 November 24, 2009
Page 3
6. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
7. CONFORMANCE WITH PRIOR APPROVALS
The Director of Public Works shall confirm that the subdivided parcels conform
to prior approvals for this site.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV.
Of this resolution conform to generally accepted engineering practices
,���� �� � �
Ralph Qualls, Director of Public o ks
City Engineer CA License 22046
PASSED AND ADOPTED this 24th day of November 2009, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Brophy, Miller, Lee
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Kaneda
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ATTEST: APPR4VF,�:
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G�!� ' f T
arti Shrivastava, Director Li�G'efer, Cha' e son `
Community Development Department Plannin mission
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