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Reso 6370 TM-2005-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6370 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE FOUR PARCELS (APPROXIMATELY 26-ACRES) UP TO 6 PARCELS A COMMERCIAL AND RESIDENTIAL DEVELOPMENT CONSISTING OF APPROXIMATELY 113,000 SQUARE FEET OF COMMERCIAL SHOPPING CENTER, UP TO 399 RESIDENTIAL UNITS AND A 3.5 ACRE PUBLIC PARK AT STEVENS CREEK BOULEVARD AT FINCH AVENUE SECTION I: PROTECT DESCRIPTION Application No.: TM-2005-04, EA-2005-17 Applicant: Kelly Snider (Toll Bros.) Location: Stevens Creek @ Finch SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and VV�-iEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision maps are consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are 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 proposed improvements are not likely to cause substantial environmental damage nor substantially harm fish and wildlife or their habitat. e) That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. Resolution No.6370 TM-2005-04 January 26, 2006 Page 2 - ------- -- - ----- --___=- i -- ---- --- ---- -__- NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence � submitted in this matter, the application TM-2005-04 for a Tentative Map is hereby approved as modified, 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 TM-2005-04, as set forth in the Minutes of Planning Commission Meeting of January 26, 2006, and are incorporated by reference as though fully set forth herein. � SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. � 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Tentative Map For Calabazas Place" dated December 15, 2005, consisting of 16 sheets labeled C0.1, C01.1 - 1.3, C2.1 - 2.3, C3.1 - 3.6, C4.1 - C4.3, except as may be amended by the Conditions contained in this Resolution. PASSED AND ADOPTED this 26th 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 Miller, Vice-Chair Giefer, Saadati Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: � � � Steve Piasecki Marty Chairperson Director of Community Development Cupertino Planning Commission g:/planning/pdreport/res/TM-2005-04 res.doc