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Reso 2603 • • 15-TM -84 RESOLUTION NO. 2603 • OP THE PLANNING COMMISSION OF THE CITY OF CUPERTIN❑ • ill RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE THREE EXISTING PARCELS CONSISTING OF APPROXIMATELY 22 ACRES INTO SEVEN PARCELS. APPLICANT: Prometheus Development Company, Inc. (Cupertino City Center Associates) ADDRESS: 10080 North Wolfe Road, Suite 201 , Cupertino, California 95014 SUBMITTED: December 18, 1984 LOCATION: Southeast quadrant of Stevens Creek Boulevard and De Anza Boulevard FINDINGS AND SUBCONCLUSIONS: • Approval is subject to the findings as set forth on Page 1 and the subconclusions as set forth in the minutes of the Planning Commission meeting of January 28, 1985. CONDITIONS: • 1-15. Standard Conditions to the extent that they do not • conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. ® 16. That the recommendation of approval is based on Exhibit A of Application 15-TM-84 except as may be amended by special conditions enumerated herein. 17. The applicant shall comply the conditions outlined in Planning Commission Resolution No. 2467 of Application 19-TM-83 and Conditions 21 , 22, 24, 28, and 30 of the City Council ' s Action Letter dated November 20, 1984 for Application 18-U-84. 18. Conditions, Covenants and Restrictions (CCR' s) shall be • • recorded for Lots 1, 2, 3, 4, and 5 subject to the approval of the Director of Planning and Development. • :The CCR' s shall include the following provisions: A. No occupiable structures shall be constructed on • - :. Parcel 5. . • . .b. The driveways on Parcel 5 shall be for the use and mutual benefit of all parcels in the subdivision. Parking easements shall be provided pursuant to :' off-street parking regulations described in approved r ': Use Permit. c. If fees are to be charged for use of the amphitheater on Parcel 5, these fees shall be waived for any public event sponsored by the City. -1- • • CITY OF CUPERTINO City Hall , 10300 Torre Avenue Cupertino , California 95014 Telephone : (408) 252-4505 • RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE APPROVAL OF A TENTATIVE MAP WHEREAS , the attached application has been submitted to the City of Cupertino requesting approval of a tentative map; and WHEREAS , the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS , the Planning Commission has dul y considered and heard all evidence submitted in regard to said application; and WHEREAS , the necessary public notices have been given as required by the subdivision and procedural ordinances of the City of Cupertino. NOW, THEREFORE, BE IT RESOLVED: • 1. That the Planning Commission makes the following findings : • a. That the proposed map is consistent with the general and • specific plans . b. That the design or improvement of the proposed subdivision is consistent with the general and specific plans . • c. That the site is physically suitable for the type of • development. • d. That the site is physically suitable for the proposed density . of development. • e. That the des ign n of the su bdivision ubdivision or the proposed improvements are not likely to cause substantial environmental damage or • substantially and avoidably injure fish or wildlife or their . • • • - habitat. • f . . - That the design of the subdivision or the type of improvements are not likely to cause serious public health problems . ; .g. , That the design of the subdivision or the type of improvements • will not conflict with easements , acquired by the public at large , .for access through or use Of , property within the pro- . posed subdivision. • Planning Commission ResolutionNo. 2603 (continued) 15-Tt1-B4 4 • 19. The applicant/property owner shall seal abandoned or unused water wells if the City, after consultation with the Santa Clara Valley Water District, determines that said abandoned or unused water wells have a potential to contaminate the water supply. 20. Parcel Number 3 may be divided into air space condominium units pursuant with the approved Use Permit Application 18-U-84. A condominium plan creating the air space boundaries shall be approved by staff . PASSED AND ADOPTED this 28th day of January, 1985, at a regular • meeting of the Planning Commission of the City • of Cupertino, State of California, by the following roll-call vote: AYES: Commissioners Adams, Mackenzie, Sorenzen, Chairman Claudy NAYS: None ABSTAIN: None ABSENT: Commissioner Szabo ATTEST: APPROVED: S • /s/ Robert Cowan Js1 3oh �lay Robert Cowan John Claudy, Chairman Assistant Planning Director Planning Commission