TM-2009-04bCITY OF
CUPERTIN~
November 25, 2009
Mr. Terry Brown
10491 Scenic Blvd.
Cupertino, Ca. 95014
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
SUBJECT: PLANNING COMMISSION ACTION LETTER - TM-2009-04
This letter confirms the decision of the Planning Commission, given at the meeting of
November 24, 2009, approving a Tentative Map to subdivide amixed-use building into
two Commercial/Office units and one residential, located at 10056 & 10058 Orange
Avenue, according to Planning Commission Resolution No. 6574.
Please be aware that if the Tentative Map permit is not used within athree-year period,
it shall expire on November 24, 2012.
Also, please note that an appeal of this decision can be made within 10 calendar days
from the date of this letter. If this happens, you will be notified of a public hearing,
which will be scheduled before the City Council.
Sincerely,
/t/`~
Piu Ghosh, Associate Planner
Planning Department
City of Cupertino
Enclosure:
Resolution No. 6574
CC: William Marci, 10056 Orange Ave, Cupertino CA, 95014
g:/plmnii~ig/post hearing/actionletterTM-2009-04
TM-2009-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6574
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE PARCEL MAP TO SUBDIVIDE AMIXED-USE BUILDING INTO TWO
COMMERCIAL/OFFICE UNITS AND ONE RESIDENTIAL CONDOMINIUM
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision Map, as described in Section II 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, the applicant 11as 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.
2) That the design and improvements of the proposed subdivision is consistent
with the General Plan.
3) That the site is physically suitable for the type of development.
4) That the design of the subdivision or the proposed improvements is not likely
to cause substantial environmental damage nor substantially and
unavoidable injure fish and wildlife or their habitat.
5) That the design of the subdivision or the type of improvements associated
therewith is not likely to cause serious public health problems.
6) T11at the design of the subdivision and its associated improvements will not
conflict with easements acquired by the public at large for access through or
use of property within the proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Tentative Subdivision Map is hereby
approved, subject to the conditions which are enumerated in this Resolution beginning
on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this
resolution are based and contained in the public hearing record concerning Application
No. TM-2009-04 as set forth in the Minutes of the Planning Commission Meeting of
November 24, 2009, and are incorporated by reference as though fully set forth herein.
Resolution No. 6574 TM-2009-04 November 24, 2009
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2009-04
Applicant: Terry Brown (Bill Marci Properties, LLC.)
Location: 10056 & 10058 Orange Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit titled: "Tentative Parcel
Map for Condominium Purposes, Lot 1 Orange Condominiums, Cupertino,
Santa Clara County, California", labeled "Sheet No. 1 of 1", dated November 10,
2009, except as may be amended by the Conditions contained in this Resolution.
2. MAINTENANCE AGREEMENT
Applicant shall record a maintenance agreement to ensure maintenance of all
common areas of the development. The agreement shall be recorded in
conjunction with recordation of the final map, and shall be subject to approval as
to form and content by the City Attorney prior to recordation.
3. CONFORMANCE WITH PRIOR APPROVALS
The Director of Community Development shall confirm that the subdivided
parcels conform to prior approvals (U-2006-14, ASA-2006-25, and TR-2007-01) for
this site.
4. FORMATION OF A PROPERTY OWNER'S ASSOCIATION
A Property Owner's Association shall be formed to maintain the common areas
of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be
reviewed and approved by the City Attorney prior to recordation. The following
terms shall be incorporated in to the Association's Conditions, Covenants and
Restrictions:
• The members/ board shall meet at a minimum of once/ year
• The Association dues shall cover:
o Maintenance of common area on the property including hardscaping,
parking, landscaping and accessory items, such as trash bins/ areas, tree
grates, outside trash bins, fences, etc,
o Building and site repair on a regular schedule, or as otherwise necessary,
and building renovation and replacement as necessary.
• Any changes to the CC&R's must be reviewed and approved by the City
• Disbanding of the Association shall require written permission from the
City.
5. RESTRICTED USE OF SPACE
At least 400 s.f. of Commercial/Office Unit 1 shall be occupied by commercial
uses or similar uses deemed appropriate by the Director of Community
Development.
Resolution No. 6574 TM-2009-04 November 24, 2009
Page 3
6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, a11d 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, a11d other exactions. You are 1lereby further 1lotified
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), 11as begun. If you fail to file a protest wlt11111 t11is 90-day period
complying with all of t11e requirements of Section 66020, you will be legally
barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
7. CONFORMANCE WITH PRIOR APPROVALS
The Director of Public Works shall confirm that the subdivided parcels conform
to prior approvals for this site.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that t11e engineering and surveying conditions specified i11 Section IV.
Of this resolution conform to generally accepted engineering practices
/ s/Ralph Qualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 24tH day of November 2009, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: C1airperson Giefer, Vice Cllair Brophy, Miller, Lee
NOES: COMMISSIONERS: No11e
ABSTAIN: COMMISSIONERS: No11e
ABSENT: COMMISSIONERS: Kaneda
ATTEST:
s / Aarti Shrivastava
Aarti S1lrivastava, Director
Community Development Department
G: ~ Planning, PDREPORT `RES ~ 2009, TM-2009-04 res.doc
APPROVED:
/ s / Lisa Giefer
Lisa Giefer, Chairperson
Planning Commission
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I OWNER AND SUBDIVIDER: MARCI PROPERTIES, LLC
STAIRS 10056 ORANGE AVENUE
I ~ I CUPERTINO, CA 95014
ENGINEER: ADVANCED DEVELOPMENT
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25.00 SAN JOSE, CA 95124
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I PARCEL 1 BEING A PORTION OF LOTS 20, 21 AND 22 IN BLOCK 3,
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