PC Reso 1552 17-TM-76
RESOLUTION NO. 1552
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE
9.8 ACRES INTO THREE PARCELS.
APPLICANT: Ruth, Going and Curtis, Inc.
ADDRESS : 919 The Alameda (P. 0. Box 26430) , San Jose, California 95159
LOCATION: Southeast corner of Homestead Rd. and Franco Ct. , approximately
250 ft. westerly of the intersection of Homestead Rd. and No.
De Anza Blvd.
SUBMITTED: June 2, 1976
ACREAGE: 9. 8 acres
CONDITIONS :
1-14. 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.
15. That the approval is based on Exhibit A, 17-TM-76, as may be modified
by the special conditions contained herein.
16. That the applicant shall record an agreement running with the land
satisfactory to the City Attorney and City Engineer, which provides
for cross automobile circulation and parking easements, necessary
utility easements, and party wall agreements , among and between all
of the various divisions within this subdivision, upon sale of any
parcel.
Additionally, the applicant shall grant to adjoining Parcels A and B
of Parcel Map Book 272, Page 5, recorded on the 20th day of August,
1970, an appurtenant easement right of ingress/egress. circulation and
parking; said easement shall be satisfactory to City Engineer and City
Attorney.
17. That the applicant record a deed restriction and covenant running with
the land satisfactory to the City Attorney, which provides that each
individual parcel shall not be permitted ground signs as normally allowed
by the sign ordinance and furthermore providing that all future signing
shall be submitted under a common sign program to ensure coordination
between individual property owners.
18. That in cases where landscape areas or irrigation lines traverse
property lines, the applicant shall provide a recorded deed restriction
and covenant running with the land satisfactory to the City Attorney
and City Engineer, providing that all affected property owners shall
jointly ensure the common and coordinated maintenance of such landscape
areas in proportion to the amount of area on each parcel.
® -2-
17--TM-7 6
Resolution No. 1552 (continued)
19. That the original building plans for the Payless Center, filed under
110 HC-51,230 and the Architectural and Site Approval Committee Applica-
tions HC-51,230.9 (S&H Green Stamp Store) and HC-51,230.11 (Carl Karcher
Enterprises - Carl's Jr.) shall in combination be recognized as the
development plan and shall constitute a guide for future modifications
to these parcels from an architectural, landscaping, and site design
standpoint.
20. Any new or renewed tenant lease or rental agreements shall contain the
above conditions in addition to the normal conditions required by the
property owner.
PASSED AND ADOPTED this 28th day of June, 1976, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES : Commissioners Gatto, Koenitzer, Woodward, Chairman Adams
NAYS : None
ABSTAIN: None
ABSENT: Commissioner Cooper
APPROVED:
/s/ Victor J. Adams
Victor J. Adams, Chairman
Planning Commission
ATTEST:
[att.' CelskidA,
Robert Cowan
Assistant Planning Director
•
-3-
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 duly 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 design of the subdivision 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 proposed subdivision.
S
-1-