Reso 4912 (11-U-90(M))
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4912
i OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION OF A USE PERMIT TO
CONVERT EXISTING AMENITY SPACE TO OFFICE SPACE IN EXCHANGE FOR
DESIGNATING AMENITY SPACE IN EXISTING BUILDINGS, IN ACCORDANCE
WITH THE REVISED DEFINITION OF AMENITY SPACE
SECTION I: FINDINGS
� WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit modification, 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 has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby recommended for approval, 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 11-U-90(M) set forth in the Minutes
of the Planning Commission Meeting of March 9, 1998, and are incorporated by reference as though
fully set forth herein.
Resolution No. 4912 11-U-90 (M) March 9, 1998
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 11-U-90(M)
Applicant: Apple Computer
Property Owner: ACI Real Properties
Location: 1 Infinite Loop
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based upon the following schedule:
Conversion of library amenity space to office space in Building 4 equal to identification of amenity
space in other existing which is consistent with the new definition of amenity space, as shown in
Exhibit 1. Condition 20 of 11-U-90 is amended to reflect this modification.
2. USE LIMITATIONS
A list of designated amenity space shall be recorded on all parcels affected by the designation to inform
future buyers that the designated space must remain as such.
� 3. EXISTING CONDITIONS OF APPROVAL
All other conditions of approval of 11-U-90 shall remain in effect.
PASSED AND ADOPTED this 9"' day of March, 1998, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
� AYES: COMMISSIONERS: Harris, Mahoney, Doyle, Stevens
NOES: COMMISSIONERS: Austin
ABSTAIN: COMMISSIONERS:
� ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
\ �
��
Robert S. Cowan Donna Aushn, Chairwoman
Director of Community Development Cupertino Planning Commission
i
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EXHIBIT 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, Califomia 95014
RESOLUTION NO. 491� (Minute Order)
I OF THE PLA�1NIi�1G COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A yIODIFICATION TO THE DEVELOPNiEN"C IN'I�L=:NSI"I�Y"
NIANUAL REGARDING AMENITY SPACE
The Development Intensity Vianual shall be modiFied to delete the existina section on amenit�� spacc.
� and the followin� section shall be inserted:
Amenity space may be excluded from the calculation of floor area if it does not generate additionnl
employees. is an architectural feature not necessary for the building to function, and does not ��ener�_it<�
additional traffic.
Desianated amenitv space in e:cistin� buildinas may be relocated as lona as the square foota�7e does »oc
increase.
Spaces not counted as floor area are:
• recreational facilities such as: Qyms, showers, locker rooms
• cafeterias
• atriums or lightriums, which are unheated and unoccupied (not lobbies)
• child care facilities
• architectural design features not utilized for occupancy or storage. i.e., walkwa��s. halconies.
mechanical space for equipment normally found on rooftops.
• bicycle support facilities
� PASSED AND ADOPTED this ?7th day of April, 1998, at a Regular �leetina of the Plannin��
Commission of the City of Cupertino. State of California, by the followinQ roll call vote:
AYES: COMMISSIONERS: Austin, Harris, �Iahoney, Stevens
NOES: COMMISSIONERS: Doyle
ABSTAIN: COMMISSIONERS:
ABSENT: CONIMISSIONERS:
ATTEST: APPROVED:
/s/ Robert S. Cowan /s/ Donna Austin
Robert S. Cowan Donna Austin. Chairwoman
Director of Community Development Cupertino Planning Commission
G:planning/pdreport/res/ramcnity