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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 A�'� �iii$dl��. l�'?'"�0_10 "DI �.� _ , � .. t�:��`s';°"�:'�> ,`° !.'�'�'F?��;°�������r:8��„� €.. _ w•.w• � � 4`! �( �. : ?`; /� !� � � �� �� !r�- + �I � � �� �i.' k' b ., .c :v 0 l V Hamptons primary access • • • ' ' � � ��y�� ����-��� V�"' Existing easement to remain: to be reta i n ed ' ; Sxgn��uc� Cusr (�ta�us{;rr - _ _ sf .:� -' • - : _ _ � � . � � ;� '_ . . . _�,�, _ '.� � � i�'�; 'r ....'c"' ; , - - _ .... ..._... ,_._.. , _ ' i - ti.. ' � �_ .. _ !� � ^ - �, __ ,, .�.- � \ ,t'" �'; � � � �' - ' - + � � � _..�' t � �` � � _ _� ' __..._ _ .� � �: f �. � �, � �\ � -- - . *T� ��., , . �y �_._---� j � '_� , `1 + , � `- � S •• ����' �{ � � \�� �� - . i , _ ; ; �.. ,- � . � - {'AMX1 �.e� ' ! 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Easem nt Dia ram ���� ��4 ;,��� �° e g � Proposed access & parking easement to be removed � � � � � � � � � � � n 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