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Reso 2571 7-TM-84 RESOLUTION NO. 2571 OF-THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE APPROXIMATELY 1. 15 ACRES INTO 15 PARCELS CONSISTING OF 14 RESIDENTIAL CONDOMINIUM PARCELS AND ONE PARCEL TO BE ilo HELD IN COMMON OWNERSHIP APPLICANT: HW & Associates Investment Co. ADDRESS:. 399 Maine St. P.O. Box #922, Los Altos, CA. 94022 SUBMITTED: June 29, 1984 LOCATION: South side of Olive Avenue between Imperial Avenue and Pasadena Avenue. 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 October 8, 1984. CONDITIONS': 1-15. STANDARD CONDITIONS Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, special s ecial conditions as enumerated herein shall apply. 16. That the recommendation of approval' is based on Exhibit A 1st Revision of Application 7-TM-84 except as may be amended by special conditions enumerated herein. 17. All applicable subsections of Sections 13.5 and 13.6 of the R1C Ordinance (Ordinance No. 664) regarding street improvement requirements and covenants shall apply to the subject development. ' 18. Prior to issuance of construction permits, the developer shall record an appropriate easement providing for the use of the internal privat.e roadway as a fire access and emergency vehicle turn-around corridor. Form and content of said easement shall be reviewed by staff prior to recording. ' 19. The remaining trees illustrated on the site plan shall be fully protected in accordance with the provisions of Ordinance 778. 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 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 pro- posed subdivision. Planning Commission Resolution No. 2571 (continued) 7-TM-84 2O. The applicant shall participate in the City' s Below Market Rate (BMR) Housing Program. The applicant shall record a covenant restricting sales price, resale 410 procedures, etc. per the requirements of the BMR program. Said covenant shall be recorded simultaneously with filing of the final subdivision map for each unit of the development, subject to prior review and approval by the City Attorney. 21. The homeowners association documents, enabling declaration and condominium plan shall be approved by the Department of Planning & Development prior to being recorded. 22. The applicant shall fully install the cul-de-sac closure of Olive Avenue including all curb, gutter, sidewalk landscaping and full street improvements through the return. of the cul-de-sac on the north side of Olive Avenue per Exhibit A 1st Revision. The applicant will be reimbursed for 1/2 of the street improvements on the north side of Olive Avenue at such, time as the adjoining property redevelops. The installation of the cul-de-sac shall be deferred for six months from date of Use Permit approval . PASSED AND ADOPTED this 8th day of October, 1984, 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, Sorensen, Szabo, Chairman Claudy NAYS: None ABSTAIN: None ABSENT: None • ATTEST: APPROVED: /s/ James H.,_.Sisk /s/ John Claudy James H. Sisk John Claudy, Chairman Planning Director Planning Commission • I - -