Reso 282820-II+I-83 (Rev)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLL)TIoN No. 2828
Oi' = PLANNING WO SSICN OF THE CITY OF CUJPERTINO
IV"" M G APEFOML OF AF¢2iBUM TO SUBC,' fISION 20-IM-83 (Rev)
mODnr= ZG OONDITION 21 T WOF TO pULN AN IN-LgIT FEE
PAYMENT AS AN AMMMX11VE TO PROVIDING HOUSING UNITS UNDER THE
BEWN KUZKET RATE (EMR) ROUSING PROGRW
SDCTIod I• FIt7D1NGs
VMZMS, the Planning Commission of.. the City of Cupertino received an
application for a Tentative Subdivision Map, as described on Page 2 of
this Aesolution; and
WiF>tMS, the necessary public notices have been given as required by the
subdivision and ProceIrral Oecdi amoes of the City of Cupertino, and the
Planning Commission bas held at least one Public Hearing in regard to the
application; and -
UHEMS, the Planning Omnissian finds that the application meets the
following requirements:
a) That the proposed subdivision map is consistent with the City of
Cupertino no General Plan and any applicable Specific Plan.
b) That the design or improvement of. the proposed subdivision is
consistent with the General Plan and any applicable Specific Plan.
c) That the site is physical y suitable for the type and intensity of
development ca*emplated under the approved subdivision.
d) That the A-m ign of the subdivision or the proposed J prvvements are
not likely axe not likely to cause substantial emnxonmental damage
nor substantially and avoidably injure fish and wildlife or their,
habitat.
e) Tat the design of the subdivision or the type of iagsvvemeents
associated thereith are rot dpet=ental to the health, safety,
peace, morals and general welfare of Persons residing or working in
the vicinity of the subdivision.
f) That the design of the subdivision and its associated improvements
will not aon:2iet with easements acquired by the public at large for
access through or use of p Verty within the proposed subdivision.
raW nnUK No. 2828 (20.Of-83 Rev) 07/14/86
Page - 2 -
NOW, , BE IT RESOLVED:
That upon cm it consideration of eodibits, facts, testimony and
other evidence suhnitted in this matter, the applicatim for Amermtxnt 'of
Conditions imposed upon a previously -approved Tentative Subdivision Map is
hereby this Resoles beginning an Page 2 tthereof; and ect to the ooa�ditia¢m3 enumerated in
BE IT FLIaE[ R RESOLVED:
That the 41}: usi c ns upon udnich the findings' and conditions specified
in this FANKautim are based axe contained in the Public Bearing Record
=xxnjing Application 20Jnf-83 (Rev) , as set forth in the Minutes of the
Plwmning Cc= gait n Meeting of July 14, 1986, arrd are incorporated by
reference as thoucb fully set forth herein.
II)
c) Applicatim No(s) 20-7"3 (Revised)
Applicantl Town Clesster Prooexties/De AnZa Prooesties
property owner: MaM center Properties
Location: Fast of Torre Avenue between Stevens
CcE�eJC Boulevard and Rodricm s Aver=e
I3X) trsmrrnM pro BE ADMnMS EKED BY THE PLVOM1G TIEPAR"W4T
1) BEEM MRI= RAT£ HMSMG PROC�iJ►tt
The applicant shall participate in the City's Below Mar]aet Rate
(WW Housing PtvpnzxL, r+e*dxed under Condition 21 of Subdivision
Nap 20-Oi83 (Rev). However, said Condition 21 is hereby amended
to a11w the agx liaaart the option to fulfill the BM participation
abligaticn in either of the following ways:
a) pmwift the xwZaired n neber of actual housing units
b) pay to the City of 04mwtim an in -lieu fee based on one-half
the fee total resulting (roe application of the following
fczmla to the rental unit portions of the development:
Total Frew = [ (Ya- Units @ R%q x (MmImt. Rent - FM) x 12 mo.
x 10 yr) t [(No. Units @ 30%/80% of Median Rent)
x (Hark= Rent - 39"0t of Median Rent) x 12 mo.
x 10 yrj
Rcsori PI v No. 2828 (20-K-83 Rest) 07/14/86
Page - 3 -
1) (Ox*'d)
Zbe Owwahip tacit porticn of the subject devnlcEaw* shall be
subject to an in -lieu fee based on the following fcrau].a:
P1ae Par Emit - Sales Price - [ (Sq. Ft. x $70/sq. ft.) +
$30,000 Land Cost]
(The terms of the formula are described in the staff Report dated
July 14, 1986)
If the applicant elects to pay the BM in -lieu fee, the Plw=ing
Director shall retain the cptian to specify a graduated paymem
schedula not to 'exceed two (2) years duration. Said graduated
paymPssG schedule, and all other terms affecting the in -lieu
payment, shall be embodied in a recorded agraem$st utiich shall be
subject to Prier approval by the City Att=W.
2) PIUMAll other conditions of Subdivisim 20-1M-83 (Iisv), as CmItained
In the City Cm=il Action letter dated Much 1, 1984 shall remain
in Sill lame and effect.
PAS= AND ADOPTED this 14th day of July, 1986, at a regular malting of
the Plassting 4zmission of the City of Cupertino, State of Califc=lda, by
the following rou call vote:
AYES: Adams, Claudy, MacKenzie, and Chairman Szabo
NAYS: CM2IISSICNERS: None
ASSTUN: Off: None
ABSENT: C0N Sorensen
ATTEST: APPHNED:
/s/ Robert Cowan
/s/ Nicholas Szabo
Nicholas Szabo, Chainon
Platati:r Coomisaiot