PC Reso 6535 M-2008-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6535
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A USE PERMIT (11-U-77� TO ALLOW
FOR A SHARED PARKING AGREEMENT BETWEEN TWO OFFICE
BUILDINGS AT 20400 MARIANI AVENUE AND 10500 NORTH DE ANZA .
BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: M-2008-05
Applicant: Jacki Horton (Mission West Properties/Apple)
Location: 204D0 Mariani Avenue/10500 North De Anza Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
modification to a Use Permit (Chapter 19.124 of the Cupertino Municipal Code), as described in
this Resolution;and
WHEREAS, the Planning Commission finds the following with regards to this application:
a) 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;
b) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan.
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps,facts,exhibits, testimony and other evidence submitted
in this matter, the exception to the parking regulations is hereby approved subject to the
conditions which are enumerated in this Resolution;and
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set titled: "Conditional Use Permit Application for Parking:
Apple Inc., Mariani 3 & De Anza 3, 20400 Mariani Avenue and 10500 N. De Anza
Boulevard, Cupertino, CA 95014" dated October 2008, consisting of four pages labeled A0.1
and sheets 1 through 3,except as may be amended by this resolution.
Resolution No.6535 M-2008-05 November 25,2008
Page 2
2. MODIFICATION TO USE PERMIT 11-U-77
A. This modification approval is granted to allow a shared parking agreement between the
"Mariani 3" building at 20400 Mariani Avenue and the "De Anza 3" building at 10500
North De Anza Boulevard.
B. A covenant shall be submitted for review and approval by the City and shall be
recorded on both properties (20400 Mariani Ave. and 10500 N. De Anza Blvd.) prior to
issuance of final occupancy for the Mariani 3 building.
2. 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.
That the subcoriclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application M-2008-05, as set
forth in the Minutes of the Planning Commission Meeting of November 25, 2008 and are
incorporated by reference herein.
PASSED AND ADOPTED this 25th day of November 2008, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Giefer,Kaneda, Rose,Brophy
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS:none
ABSENT` COMMISSIONERS: none
ATTES'�: PROVED:
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Steve Piasecki Mar ,Chair
Director of Community Development Plannin 'ssion