CC Resolution No. 21-109 approving the final map tract no. 10579, accepting the public street and public service easements offered for dedication, abandoning redundant public roadRESOLUTION NO.21-109
A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING THE
FINAL MAP - TRACT NO. 10579, ACCEPTING THE PUBLIC STREET AND
PUBLIC SERVICE EASEMENTS OFFERED FOR DEDICATION,
ABANDONING REDUNDANT PUBLIC ROADWAY AND DRAINAGE
EASEMENTS, APPROVING DEFERRAL OF PAYMENT FOR PARKLAND
DEDICATION IN -LIEU FEES, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE BELOW -MARKET RATE REGULATORY AGREEMENT AND
AUTHORIZING THE CITY ENGINEER TO EXECUTE THE SUBDIVION
IMPROVEMENT AGREEMENT FOR THE WESTPORT CUPERTINO
DEVELOPMENT PROJECT LOCATED AT
21267 STEVENS CREEK BOULEVARD
(APN: 326-27-042 & 326-27-043)
WHEREAS, on September 7, 2021, the City Council adopted Resolution No.
21-081 approving a Vesting Tentative Map for a three lot subdivision and for
condominium purposes of up to 88 residential units located on Parcel A only; and
WHEREAS, the proposed final map substantially conforms to the
requirements of the Subdivision Map Act and the Municipal Code and is in
substantial compliance with approved Vesting Tentative Map; and
WHEREAS, the Westport Cupertino Mixed Use Project, including the
Vesting Tentative Map and final map, is fully described and analyzed in the
Initial Study and Final Environmental Impact Report (State Clearinghouse No.
2019070377) ("EIR" or "Final EIR"); and
WHEREAS, a prior public roadway easement (Book 9706, Page 155) and
Parcel 3 drainage easement (Book 6704, Page 688) are made redundant by the
public roadway dedication in fee title shown on the Final Map, thereby preserving
all rights and protections for any public utilities within the area; and
WHEREAS, public roadway dedication and public service easements are
necessary to accommodate the approved use of the property and have been
offered for dedication and granted with the map; and
WHEREAS, the Subdivision Improvement Agreement has been presented
to the Council in a form ready to be executed; and
Resolution No. 21-109
Page 2
WHEREAS, the Subdivision Improvement Agreement provides for the
deferral of payment of parkland dedication in -lieu fees until December 31, 2021
or closing of any property transfer, whichever occurs first, Municipal Code
section 13.08.100(B) notwithstanding: and
WHEREAS, good cause exists for such deferral; and
WHEREAS, the Affordable Housing Regulatory Agreement and
Declaration of Restrictive Covenants ("the BMR Agreement") has been presented
to the Council ready to be executed; and
WHEREAS, the BMR Agreement provides for the modification of certain
requirements of the City's Policy and Procedures Manual for Administering
Deed Restricted Affordable Housing Units, adopted by Council Resolution 18-
024, and good cause exists for such modification; and
WHEREAS, the final map for property located at 21267 Stevens Creek
Boulevard (APN: 326-27-042 & 043) has been presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED that the City Council does here by
approve the final map and authorize its recordation, accept the public roadway
dedication and public service easements, approve the abandonment of the
redundant public roadway and drainage easements as shown on said map,
approve the deferral of payment of parkland dedication in -lieu fees until
December 31, 2021 or closing of any property transfer, whichever occurs first,
authorize the City Engineer to execute and record the Subdivision Improvement
Agreement, and authorize the City Manager to execute and record the BMR
Agreement.
BE IT FURTHER RESOLVED that the City Engineer and City Manager are
authorized to make such non -material changes to the Subdivision Improvement
Agreement and BMR Agreement, respectively, as are necessary to finalize them.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of November, 2021, by the following vote:
Resolution No. 21-109
Page 3
Members of the Citv Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
7
Darcy Paul, tMayor
Date
City of Cup
ATTEST:
rsten Squarcia, WClerk
Date