Reso 6597 M-2010-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6597
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION TO A USE PERMIT (14-U-96) TO
REMOVE AN EXISTING RECIPROCAL ACCESS AND PARKING EASEMENT BETWEEN
AN EXISTING APARTMENT COMPLEX (THE HAMPTONS) AND AN EXISTING
INDUSTRIAL OFFICE PROPERTY (APPLE, INC.) ASSOCIATED WITH PROPERTIES
LOCATED AT 19310, 19320 & 19500 PRUNERIDGE AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: M-2010-01
Applicant: James C. Fowler, Apple, Inc. (on behalf of Apple, Inc. and the Irvine
Company)
Location: 19310, 19320 & 19500 Pruneridge Avenue
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for
the Modification of a Use Permit, 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 project, 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 project 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 Modification of the Use Permit are 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 No. M-2010-01,
Resolution No.6597 M-2010-01 Apri127,2010
Page-2-
as set forth in the Minutes of the Planning Commission Meeting of April 27, 2010, and are
incorporated by reference though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits submitted by the applicant including the Project
Description, entitled Attachment A, Easement Diagram showing the proposed
easement to be removed and easement to be retained, and the parking analysis
prepared by Fehr and Peers dated April 20, 2010, except as may be amended by the
Conditions contained in this Resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All previous use permit conditions of approval, in accordance with Use Permit 14-U-
96 as approved by the City Council on January 6, 1997, shall remain in effect, except as
may be amended by the conditions contained in this resolution.
3. PARKING
Condition No. 11 of the Planning Commission Resolution No. 4773 pertaining to
parking as approved by the City Council on January 6, 1997, shall be modified herein
to state that the existing on-site parking supply of 604 parking spaces at The
Hamptons Apartment complex located at 19500 Pruneridge Avenue is sufficient to
meet the parking demand of the apartment complex based upon the parking analysis
prepared by Fehr and Peers dated April 20, 2010. Therefore, off-site parking is no
longer required to meet the apartment complex's parking demand as long as the
existing 604 on-site parking spaces are maintained.
4. REMOVAL OF EASEMENT
Condition No. 3 of the Planning Commission Resolution No. 4773 pertaining to
Improvement of Secondary Access as approved by the City Council on January 6,
1997, shall be modified herein to allow the removal of the easement for general
purpose use along the eastern and southern perimeters of the Apple properties located
at 19310 & 19320 Pruneridge Avenue as indicated in the approved exhibits and for the
benefit of The Irvine Company for The Hamptons apartment complex located at 19500
Pruneridge Avenue. However, the easement access shall be required to be maintained
for emergency purposes only for public safety access to The Hamptons apartment
complex.
5. FIRE DEPARTMENT REQUIREMENT
The applicant shall be required to maintain the easement access for secondary
emergency access purposes only for public safety access to The Hamptons apartment
complex in accordance with requirements of the Santa Clara County Fire Department.
The applicant shall be allowed to provide a gate with a knox box at the access into The
Hamptons apartment complex at the southeast corner of the site in accordance with
requirements of the Santa Clara County Fire Department.
Resolution No. 6597 M-2010-01 Apri127,2010
Page-3-
PASSED AND ADOPTED this 27th day of April 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Lee, Miller, Kaneda, Giefer
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:Chairperson Brophy
ATTEST: APPROVED:
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Aarti Shrivastava Winnie Lee, Vi+ce l� ir
Director of Community Development Planning Commission