M-2009-06bOFFICE OF THE CITY CLERK
CUPERTINO
September 3, 2009
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
Metropolitan @ Cupertino HOA
Attn. Elaine Chong
19503 Stevens Creek Blvd.
Cupertino, CA 95014
Re: Consider a modification to a Use Permit (U-2003-04) to remove the Public Pedestrian
Easement at the Metropolitan at Cupertino condominium complex, Application No. M-
2009-06, Elaine Chong (Metropolitan at Cupertino, HOA), 19501, 19503, 19505 and 19507
Stevens Creek Blvd., APN 316-49-999
Dear Ms. Chong:
At its September 1, 2009 meeting, the Cupertino City Council approved the modification to the use
permit to remove the public pedestrian easement. This letter will serve as your official approval.
The Use Permit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. PREVIOUS CONDITIONS OF APPROVAL
All prior use permit conditions for U-2003-04 shall remain in effect, except as amended by
the conditions contained in this resolution.
2. REMOVAL OF INTERNAL PUBLIC PEDESTRIAN EASEMENTS
Condition No. 22 of U-2003-04 as approved by the City Council on December 15, 2003
shall be modified to remove the two public pedestrian easements that run through the
interior pedestrian paths, courtyards and plazas of the mixed-use complex as highlighted in
the Approved Exhibits.
3. APPROVED EXHIBITS
The approval is based on Exhibits consisting of a vicinity map and a parcel map and site
plan highlighting the public pedestrian easements to be removed, except as may be amended
by the Conditions contained in this Resolution.
M-2009-06 September 1, 2009
Please review conditions carefully. If you 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 conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
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, a~:d other exactions. You are
Hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to ftle 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.
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 tl:e council's decision. Any petition so filed must comply with municipal
ordinance code X2.08.096.
Sincerely:
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V 1~.~'~C~~~l
Grace Schmidt
Deputy City Clerk
cc: Community Development
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