M-2010-01b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE A\'ENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (4C 8) 777-3223 • FAX: (408) 777-3366
May 20, 2010
Apple, Inc.
Attn. James C. Fowler
1 Infinite Loop, MS 4-LAW
Cupertino, CA 95014
The Irvine Company, LLC
550 Newport Center Dr.
Newport Beach, CA 92660
Re: Consider Modification (M-2010-01) to a Use Permit (14-U-96) to remove an existing
reciprocal access and parking ease�nent between an existing apartment complex (The
Hamptons) and an existing industrial ��ffice property (Apple, Inc.), Application No. M-2010-
O1, James Fowler (The Irvine Co. &.�pple, Inc.), 19500, 19310-19320 Pruneridge Avenue,
APNs 316-06-032, 316-06-037, 316-C 6-050, 316-06-051
Dear Mr. Fowler and To Whom It May Conc�;rn:
At its May 18, 2010 meeting, the Cupertin�� City Council approved the modification to the Use
Permit.
The Use Permit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT. �
1. APPROVED EXHIBITS
Approval is based on E�ibits submiited 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 th� parking analysis prepared by Fehr and Peers dated
Apri120, 2010, except as may be ame nded by the Conditions contained in this Resolution.
M-2010-01 May 20, 2010
2. PREVIOUS CONDITIONS OF APPF:OVAL
� All previous use permit conditions o:.' approval, in accordance with Use Permit 14-U-96 as
approved by the Cit�� 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 Corrunission Resolution No. 4773 pertaining to parking as
approved by the City Council on Jan ,�ary 6, 1997, shall be modified herein to state that the
existing on-site parking supply of 60�F parking spaces at The Hamptons Apartment complex
located at 19500 Pruneridge Avenl_e is sufficient to meet the parking demand of the
apartment complex based upon the p��rking 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 existin � 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 �s 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 tr.e approved e�ibits and for the benefit of The Irvine
Company for The Hamptons apartr�ent 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 REQUIREMFNT
The applicant shall be required to maintain the easement access for secondary emergency
access purposes only for public saiety 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 cc>rner of the site in accordance with requirements of the
Santa Clara County Fire Department.
Please review conditions carefully. If yo u have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development con�litions require tree preservations, do not clear the
site until required tree protection devices � re installed.
Tlze conditions of project approval set �°ort/i herei�z may include certai�i fees, dedication
requirenzents, reservation requirements, and other exactions. Pursuant to Goverfzmeftt Code
Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedic�ations, reservations, and other exactions. You are
hereby further notified that the 90-day aparoval period in wlticlt you �nay protest tlzese fees,
dedications, and other exactions, pursuant io Government Code Section 66020(a), Itas begun. If
you fail to file a protest within this 90-dav period coniplying with all of t{ze requiretnen�s of
Sectio�t 66020, you will he legally barred fram [ater c/zallengi�Zg such exactions.
2
M-2010-01 May 20, 2010
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first, file a petition for reconsideration with the city clerk
within ten days after the council's decisio�. Any petition so filed must comply with municipal
ordinance code §2.08.096.
This letter will serve as your final Use Permit
Sincerely:
,
C �i. �1� �L�'!�a L�
Grace Schmidt
Deputy City Clerk
cc: Community Development
3
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M-2010-01
CITY OF ��UPERTINO
10300 Tc �rre Avenue
Cupertino, C:alifornia 95014
RESOLUTION NO. 6597
OF THE PLANNING COMMISS::ON OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MO DIFICATION TO A USE PERMIT (14-U-96) TO
REMOVE AN EXISTING RECIPROCAL AC CESS AND PARKING EASEMENT BETWEEN
AN EXISTING APARTMENT COMPLEX (THE HAMPTONS) AND AN EXISTING
INDUSTRIAL OFFICE PROPERTY (APPI�E, INC.) ASSOCIATED WITH PROPERTIES
LOCATED AT 19310,19320 8:19500 PRUNERIDGE AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: M-2010-01
Applicant: James C. Fowler, Apple, [nc. (on behalf of Apple, Inc. and the Irvine
Company)
Location: 19310,19320 & 19500 PrL.neridge 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 describe�i in Section II of this Resolution; and
WHEREAS, the necessary public notices ha� e been given in accordance with the Procedural
Ordinance of the City of Cupertino, and tr�e 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 a�1d conducted in a manner in accord with the
Cupertino Comprehensive General Plan � nd 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 Eor Modification of the Use Permit are hereby
recommended for approval, subject to the cc nditions which are enumerated in this Resolution
beginning on Page 2 thereof; and
That the subconclusions upon which the fin�ings and conditions specified in this resolution
are based and contained in the public hearin�; record concerning Application No. M-2010-01,
Resolution No. 6597 M-20 0-O 1 Apri127, 2010
Page-2-
as set forth in the Minutes of the Planning ��ommission Meeting of April 27, 2010, and are
incorporated by reference though fully set fo��th herein.
SECTION III: CONDITIONS ADMINISTEI:ED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits sub�nitted by the applicant including the Project
Description, entitled Attachment A, Easement Diagram showing the proposed
easement to be removed and easer�ient to be retained, and the parking analysis
prepared by Fehr and Peers dated A��ril 20, 2010, except as may be amended by the
Conditions contained in this Resolution.
2. PREVIOUS CONDITIONS OF APPRC�VAL
All previous use permit conditions of approval, in accordance with Use Permit 14-U-
96 as approved by the City Council or. January 6,1997, shall remain in effect, except as
may be amended by the conditions co�itained in this resolution.
3. PARKING
Condition No. 11 of the Planning C'ommission Resolution No. 4773 pertaining to
parking as approved by the City Cou 1ci1 on January 6,1997, shall be modified herein
to state that the existing on-site p�rking supply of 604 parking spaces at The
Hamptons Apartment complex locat��d 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 t?.pril 20, 2010. Therefore, off-site parking is no
longer required to meet the apartm��nt 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 a:.low the removal of the easement for general
purpose use along the eastern and soL thern perimeters of the Apple properties located
at 19310 & 19320 Pruneridge Avenue �s indicated in the approved exhibits and for the
benefit of The Irvine Company for Th�� Hamptons apartment complex located at 19500
Pruneridge Avenue. However, the ea:;ement access shall be required to be maintained
for emergency purposes only for pL blic safety access to The Hamptons apartment
complex.
5. FIRE DEPARTMENT RE UIREMENrC
The applicant shall be required to maintain the easement access for secondary
emergency access purposes only for ��ublic safety access to The Hamptons apartment
complex in accordance with requirements of the Santa Clara County Fire Department.
The applicant shall be allowed to pro��ide 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 Coun ty Fire Department.
Resolution No. 6597 M-20 �0-01 Apri127, 2010
Page-3-
PASSED AND ADOPTED this 27th day of �.pril 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State o== California, by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Lee, Miller, Kaneda, Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chairperso n Brophy
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Winnie Lee
Aarti Shrivastava Winnie Lee, Vice Chair
Director of Community Development Planning Commission