Reso 6361 DA-2005-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6361
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION OF A DEVELOPMENT
AGREEMENT FOR VALLCO FASHION PARK (1-DA-90) TO ENCOMPASS THE
DEVELOPMENT PROPOSED IN U-2005-16, ASA-2005-11, Z-2005-05 AND TR-2005-04 FOR
A 135 UNIT, TWO- AND THREE-STORY RESIDENTIAL CONDOMINIUM
DEVELOPMENT AT 10123 N. WOLFE ROAD
SECTION I: PROTECT DESCRIPTION
Application No(s).: DA-2005-01
Applicant: Mike Rohde (Vallco Fashion Park)
Location: 10123 N. Wolfe Road
1 SECTION II: FINDINGS FOR DEVELOPMENT AGREEMENT
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WHEREAS, the Planning Commission of the City of Cupertino received an application for
the modification of a development agreement, (1-DA-90) to encompass the development
proposed in U-2005-16, ASA-2005-11, Z-2005-05, TR-2005-04 for a 135 unit, two- and three-
story residential condominium development, as described in Exhibit A attached hereto; 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 Planning Commission finds that the subject Development Agreement meets
the following requirements:
� 1) Is consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plan;
� 2) Is compatible with the uses authorized in, and the regulations prescribe for, the land use
district in which the real property is or will be located;
' 3) Is in conformity with and will promote public convenience, general welfare and good
land use practice;
4) Is not detrimental to the health, safety and general welfare;
` 5) Will not adversely affect the orderly development of property or preservation of property
values; and
6) Will promote and encourage the development of the proposed project by providing a
jgreater degree of requisite certainly.
Resolution No. 6361 DA-2005-02 January 10,2006
Pa�e 2
NOW, THEREFORE, BE IT RESOLVED:
That the Development Agreement shall be modified to add a sub-section adding the
development proposed in U-2005-16, ASA-2005-11, Z-2005-05, TR-2005-04, in Section 2.2
Vested Elements of the development agreement as 1-DA-90, as vested elements of the
development agreement; and
That after careftzl consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for amendment is hereby recommended for approval;
and
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No. DA-2005-01,
as set f orth in the Minutes of the Planning Commission Meeting of January 10, 2006, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMU•NITY DEVELOPMENT
DEPT.
1. DEVELOPMENT AGREEMENT AMENDMENT
The Development Agreement Amendments are recommended for approval as
� shown in Exhibit A (City Council Ordinance).
PASSED AND ADOI'TED this 10� day of January 2006, 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 Wong, Vice-Chair Miller, Saadati, Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTE : APPROVED:
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� �� , r�;� �
�
� Steve Piasecki Gilbert Wong, Chair erson
Director of Community Development Cupertino Planning Commission
I
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G:/plan n i ng/pd report/res/DA-2005-01
MODEL ORDIlVAlVCE NO.
�
AlV ORDIlVANCE OF TH�CITY COUlVCIL OF TH� CITY OF CUI'ERTINO
MOI�IFYIlVG A I�EVELOPM]ElVT AGREEMEl�TT (1-DA-90) TO]ENCOMI'ASS j
THE I�EVELOPMEIVT PIZOPOSED IlV U-2005-16, ASA-2005-11,Z-2005-05 A1�TD
TIZ-2005-04 FOR A 137 UlVIT,TWO-A1VI� THIZ�E-STORY I2ESII�ElVTIAL
COlVDOMIIVILJIVI I�EVELOPIVI]EIVT AT 10123 IV. WOLF�I�OAI�.
VVH�R�AS, an application was received by the City (Application 1Vo. I�A-2005-
01) for the modification of a development agreement (1-�A-90) to encompass the
development proposed in U-2005-16, ASA-2005-11, Z-2005-05, and TR-2005-04
for a 137 unit,two- and three-story residential condominium development; and
VVH]ElZ�AS, the modification is consistent with the City's General Plan land use
map, proposed uses and surroundings; and
VV�IEREAS, the City Council finds that the subject I�evelopment Agreement
meets the following requirements:
1. Is consistent with the objectives, policies, generalland uses and programs
specified in the General Plan and any applicable specific plan;
2. Is compatible with the uses authorized in, and the regulations prescribed
for, the land use district in which the real property is or will be located;
3. Is in conformity with and will promote public convenience, general
welfare and good land use practice;
� 4. Is not detrimental to the health, safety and general welfare;
5. Will not adversely affect the orderly development of property or
preservation of property values; and
6. Will promote and encourage the development of the proposed project by
providing a greater degree of requisite certainty.
WHEREAS, upon due notice and after one public hearing the Planning
Colnmission recommended to the City Council that the amendment be granted;
and
1VOW, THEIZ�EFORE,BE IT ORDAIlVEI� AS FOLLOWS:
Section 1. That Section 2.2 Vested Elements, of the development agreement
described as 1-DA-90,is hereby amended to add a sub-section adding the
development proposed in U-2005-16, ASA-2005-11, Z-2005-05, and TR-2005-04,
as vested elements of the development agreement. Said subsection shall read as
follows:
Ordinance l�To. DA-2005-01 January 10, 2006
I'age 2
Applications U-2005-16, ASA-2005-11, Z-2005-05, and TI�-2005-04 for a 137 unit,
two- and three-story residential condominium development as shown on the
approved exhibits for said applications.
Section 2. This ordinance shall take effect and be in force thirty (30) days after its
passage.
IlVTROI�UCED at a regular meeting of the City Council of the City of Cupertino
the_day of , 2006 and EIVACTED at a regular meeting of the City Council
of the City of Cupertino the day of 2006,by the following vote:
Vote Members of the City Council
AYES:
1VOES:
ABSEIVT:
ABSTAIlV:
ATTEST: APPROVED:
City Clerk Mayor of Cupertino
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