M-2014-02b City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
(408) 777-3308
C U P E RT 1 N{� FAX (408) 777-3333
Community Development Department
er 11, 2014
Apple, Inc
Attn: Vanessa Chow
1 Infinite Loop, MS 119-DDC
Cupertino, Ca. 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER-M-2014-02
This letter confirms the decision of the Planning Commission, given at the meeting of�e�ier 9, 2014,
approving a Modification to a Development Permit (DP-2012-04) to allow the removal of a requirement
to record a reciprocal cross access easement for a pedestrian walkway connecting an existing dining
facility (Mac's Cafe) and an existing office property, located at 10201 N De Anza Boulevard, according to
Planning Commission Resolution No.(s) 6770.
Please be aware that if this Perxnit is not used within a two-year period, it shall expire on er 9,
2016.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely ,
;
�
,
,
Gian Marti e
Assistant Planner
City of Cupertino
Enclosures: Resolution 6770
g/planning/post hearing/actionletterM-2014-02
M-2014-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6770
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A DEVELOPMENT PERMIT (DP-2012-04)
TO REMOVE A REQUIREMENT TO RECORD A RECIPROCAL CROSS ACCESS
EASEMENT FOR A PEDESTRIAN WALKWAY CONNECTING AN EXISTING
DINING FACILITY (CAFFE' MACS) AND AN EXISTING OFFICE PROPERTY
LOCATED AT 10250 BANDLEY DRIVE AND 10201 N. DE ANZA BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: M-2014-02
Applicant: Vanessa Chow, Apple, Inc. (on behalf of Apple, Inc)
Location: 10250 Bandley Drive
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for the
Modification of a Development 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:
a) The proposed development, 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 development will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances.
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 Development Permit are hereby recommended for
approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2
thereof;
1. The application to modify a Development Permit, Application No. M-2014-02 is hereby�proved,
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-2014-02, as set forth
in the Minutes of the Planning Commission Meeting of December 9, 2014, and are incorporated by
reference as though fully set forth herein.
Resolution No. 6770 M-2014-02 December 9,2014
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. PREVIOUS CONDITIONS OF APPROVAL
All previous development permit conditions of approval, in accordance with Development
Permit DP-2012-04 as approved by the Planning Commission on September 11, 2012, shall
remain in effect, except as may be amended by the conditions contained in this resolution.
2. REMOVAL OF RECIPROCAL CROSS ACCESS EASEMENT REQUIREMENT
Condition No. 8 of the Planning Commission Resolution No. 6708 pertaining to a Reciprocal
Cross Access Easement for a pedestrian walkway between Caffe' Macs located at 10250
Bandley Drive and the office building located at 10201 N. De Anza Boulevard as indicated on
the original approved exhibits and as approved by the Planning Commission on September
11, 2012, shall be eliminated as a condition of approval for Development Permit Application
DP-2012-04.
PASSED AND ADOPTED this 9th day of December 2014, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy,Vice Chair Lee,Gong,Takahashi,Sun
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Gary Chao /s/Paul Brophy
Gary Chao Paul Brophy,Chair
Assist. Dir. of Community Development Planning Commission