104-3. Draft Resolution TM-2011-02.pdf
TM-2011-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 0.28 ACRE PARCEL INTO TWO PARCELS OF
6,000 SQUARE FEET EACH LOCATED AT 10216 ORANGE AVENUE
SECTION I: PROJECT DESCRIPTION
Application No.: TM-2011-02
Applicant: Terry Brown
Property Owner: Robert or Kathleen Adzich
Location: 10216 Orange Avenue (APN: 357-18-031)
SECTION II: FINDINGS FOR TENTATIVE MAP
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative
Subdivision Map as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural
Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing
in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application;
WHEREAS, the Planning Commission finds as follows with regard to this application:
a) That the proposed subdivision map is consistent with the City of Cupertino General Plan.
b) That the design and improvements of the proposed subdivision are consistent with the General Plan.
c) That the site is physically suitable for the type and intensity of development contemplated under
the approved subdivision.
d) That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidable injure fish and wildlife or
their habitat.
e) That the design of the subdivision or the type of improvements associated therewith are not
likely to cause serious public health problems.
f) That 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, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,
the application for a Tentative Map, Application no. TM-2011-02 is hereby approved, 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-2011-02 as set forth in the
Minutes of Planning Commission Meeting of June 14, 2011, and are incorporated by reference as though
fully set forth herein.
Resolution No. TM-2011-02 June 14, 2011
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1.APPROVED EXHIBITS
Approval is based on Exhibits titled: “ Two Lot Subdivision for 10216 Orange Avenue, Cupertino,
CA 95014 ” dated April, 2010 and consisting of 5 sheets labeled Sheet 1of 3 – 3 of 3 and 1 of 2 and 2 of
2, prepared by Nordic Engineering, Inc. dated April 2011, except as may be amended by the
conditions contained in this resolution.
2.CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. DP-2011-01 and ASA-2011-08 shall be applicable to
this approval.
3.DEMOLITION OF STRUCTURES
Prior to recordation of the final map, the applicant shall demolish and remove all structures on the
property.
4.NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and 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, and other exactions. You are hereby further
notified 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), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1.CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. DP-2011-01 and ASA-2011-08 shall be applicable to
this approval.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution
conform to generally accepted engineering practices.
/s/Timm Borden
Timm Borden, Director of Pulic Works
City Engineer CA License 45512
Resolution No. TM-2011-02 June 14, 2011
PASSED AND ADOPTED this 14thday ofJune, 2011,Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Aarti Shrivastava Winnie Lee, Chairperson
Director of Community Development Cupertino Planning Commission
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