Reso 6686 TM-2011-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6686
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE THREE PARCELS INTO SEVEN
PARCELS AND SUBDIVIDE LOT 2 INTO 143 SENIOR AGE-RESTRICTED CONDOMINIUMS AND ONE
CONDOMINIUM FOR A PARKING GARAGE FOR THE SENIOR AGE-RESTRICTED HOUSING ON A 17.4
ACRE SITE LOCATED NORTH OF STEVENS CREEK BOULEVARD BETWEEN FINCH AVENUE(INCLUDING
BOTH SIDES OF FINCH AVENUE)AND N.TANTAU AVENUE,SOUTH OF VALLCO PARKWAY IDENTIFIED
BY APNS 316-20-085,316-20-078 AND 316-20-079
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2011-04
Applicant: Kevin Dare
Property Owner: 500 Forbes,LLC
Location: North of Stevens Creek Boulevard between Finch Avenue (including the both sides of
Finch Avenue)and N.Tantau Avenue,south of Vallco Parkway
(APNs 316-20-085,316-20-078 AND 316-20-079)
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
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, an Addendum to the 2009 Final Environmental Impact Report was prepared to adequately address the
environmental review of the proposed application in accordance with the California Environmental Quality Act
(CEQA); 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 the City of Cupertino General Plan, Cupertino
Zoning Ordinance and Heart of the City Specific Plan;and
2. That the design and improvements of the proposed subdivision are consistent with the General Plan,
Cupertino Zoning Ordinance and Heart of the City Specific Plan;and
3. That the site is physically suitable for the type and intensity of development contemplated under the
approved subdivision; and ' .
4. That the design of the subdivision or the proposed improvemenfis'�re not likely to cause substantial
environmental damage nor substantially and avoidable injure fish and wildlife or their habitat;and
5. That the design of the subdivision or the type of improvements associated therewith are not likely to cause
serious public health problems;and
6. That the design of the subdivision and its associated improvements will not conflict with easements
acquired Uy the public at large for access through or use of property within the proposed subdivision;and
Resolution No. 6686 TM-2011-04 March 27,2012
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, tesHmony and other evidence submitted in this matter, the
application for a Tentative Map, is hereby recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof;and
That the suUconclusions upon which the findings and conditions specified in this resolution are based and
contained in the public hearing record concerning Application No. TM-2011-04 as set forth in the Minutes of the
Planning Commission Meeting of March 27, 2012, and are incorporated by reference as though fully set forth
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits Htled: "Main Street Cupertino, Sand Hill Property Company, Cupertino,
California" consisting of 98 pages, dated March 2012, labeled Title Sheet, AO through A14, A2.0 through
A2.19, H-01 through H-03, C0.0 through C6.5, and L2.1 through L2.10, except as may be amended by the
conditions contained in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. M-2011-09 and ASA-2011-24 shall be applicable to this
approval.
3. 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.
PASSED AND ADOPTED this 27th day of March 2012, at a Regular Meeting of the Planning Commission of the
City of Cupertino,State of California,Uy the following roll call vote:
AYES: COMMISSIONERS:Chair Miller,Vice Chair Sun,Brophy,Brownley
NOES: COMMISSIONERS:Lee
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
..
ATTEST: PROVED•
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Aar ' i va, irector Mar iller,Chair
Community Development Department Planning mission
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