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Reso 4627 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION NO. 4627 RESOLUTION OF THE CUPERTINO PLANNING COMMISSION RECOMMENDING AMENDMENT TO USE PERMIT APPLICATIONS 10-U-89 & 8-U-94 Property Descri�tion The property(ies) involved contain approximately 18 acres and are located in the southwest quadrant of Homestead Road and DeAnza Boulevard. Findin That upon review of written material and verbal testimony presented in a public hearing, The Planning Commission finds that the below described amendments to the subject development applications are consistent with the general plan. 1. Condition 15 "Common Area" of 10-U-89 is hereby amended to read as follows: The common recreation area shall remain available to serve Phases I& III, provided that the applicant (Citation Homes) diligently prosecutes its legal action to require said access. In the event that the applicant is unable to obtain legal access Condition 15 is hereby modified to require that properties in the Corsica Homeowners Association have access to recreational facilities in Phase II. The design and extent of access to the recreational open space in Phase II will be determined at the hearing on the tentative map for Phase II. Said access, if required, shall be conditioned upon an agreement for joint maintenance of the recreational facilities. 2. Condition 40 "Project Phasing" of 10-U-89 shall be amended to delete the first paragraph. 3. The last sentence of Condition 1 of 8-U-94 "Approved Exhibits" is amended to conformed to the provisions of paragraph 1 above. 4. Condition 3 of 8-U-94 "BMR Units" is amended to read: "In oxder to guarantee the construction of the required 8 BMR units on the adjoining 5+ acre site, the applicant shall execute an agreement, approved by the City Attorney, to withhold occupancy permits of 8 dwelling units on the single family (Phase III) site pending pour of concrete for the adjoining 5+ acre multi-family project. The applicant may post a$800,000 bond or letter of credit approved by the City Attorney, in lieu of withholding the 8 dwelling units. Said bond or Letter of Credit shall be held for no more than 1 year upon transfer of any or all of the last 8 dwellings. After a one year period, the bond or Letter of Credit shall be forfeited and the $800,000 shall be transferred to the City for use in the affordable housing fund. All conditions not changed by this resolution as required by the City Council action letter of October 23, 1989, must be upheld and completed, except that condition 18 pertaining to development phasing is not incorporated by reference. PASSED AND ADOPTED this l Oth day of July, 1995, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Harris, Mahoney, Roberts and Chairman Doyle NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: � i � � ; Robert S. Cowan, Director of David Doyl , Chai an/Cupertino Community Development Planning Commission g/planning/res 10U94