Reso 4300 i
9-U-90
C I T Y O F C U P E R T I N O
� 10300 Torre AverYUe
Cupertit�o, California 95014
RF50IIJI'ION No. 4300
OF � PLANNING C�IISSION OF 'If� QTY OF QTPER'�'Ild0
g�p�fiplNG APPl�GVAL OF A USE P�r � II�"LII'gNr
UP TO 260,000 S.F. OF ADDIfiIOI�L GEt06S rFA4F'ARTF �R ARF,A
FOR A RDGI�►L SHOPPING C�fi'ER, IN QO�I7UNCZ'ION WI'I�i
' GII1II�L pI�N p�TQ�gNr 2-GPA-89 '
SECTION I: FIl�iDIl1GS
Wf�RF.AS, the Plaruiitx� �nnission of the City of Cupertino r�eoeived an
application for a Use P�er�mit, as descrit�eci on Page 2 of this Ftesolution;
arxl
Wf�RF'.,AS, the applicant has met the burden of proof required to sl�port
said application. ; ar�d
hI�RF'.AS, the Plannixx� �nis.sion finds as follows concerning this
application:
�
1) That the use or uses are in oonformanoe with the exi.sting General Plan
� of the City of GL�ertino, ar�d with the approved Gener�l P1an Amer�rnnt
2-GPA-89, and are not detrimental to � uses �or to uses
specifically pesmitted in the zone in which the proposed use is to be
located.
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` -� 2) 'I'hat the property ircvolved is adec��te in size ar�d shape to
, acc�nodate the praposed use.
3) That the proposed use wi11 nat generate a level of traffic wer ar�d
above that of the capacity of the exis�ting street system•
4) That the proposed use is otherwise nvt detrimental to the health,
safetY, P��, morals and general welfare of p�xsons residing or
workirx3 in the neighborhood of such pro�OSed u-ses, nor injurious to
P�Y � ��e�zts in the neigt�bomood.
5) That after careful consideration of maps, facts, exhibits, testimoriy
ar�d o�thes. evidence suYanitted in this matter, the application for Use
Fermit is hern}�y �anerried for apprvval, subject to the cor�ditions
which are ernunerated in thi.s Resolution begirining on Page 2 thereof ;
ar�d
6) The erititlem��xit,s securecl to the applicant in consideration of the
matters of public be.riefit which are described in the subject Use
' Permit ar�d in the DeveloprntZt reca�¢n�x�ded for approval under
application 1-L1A-90 (Retention of the e� 1��� Ioe Rink a�d Child c�e
center, proj ect design review, payment of an in�act fee, provision of
( trartsit facilities, and resezvation of a large single uses space to
facilitate recruitrnent of a major retai.l tenant) are oo�sistent with
I the objectives defined in the City Co�uicil's ReJolution 7506.
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Re.solution No. 4300 (9-U-90) 09/24/90
Page -2-
SECTION II. PR0.7ECT DESC�IPITION
_ Application No(s): 9-U-90
ApplicarYt: Westfield Inc.
propP_rty OWnez': Westland Sha�l]nq C'r�r�-pr L P
L�x Wolfe Road between Steven Creekk Blvd. and I
SECTION III OONDITIONS BY Tf� P(JBLIC WaFtKS DEPA�N�
1. S'IREEr WIDIIdING
Street right-of-way acquisition, widenirx,�, improvecrn�zts ar�c1
dedications shall be provided in aocordanoe with City Star�d�rds ar�d
specifications and as required by the City II�gir�eer ar�d paid by the
P�Y owr�er •
2. CURB AND C�1'�I'F�t
� Ctiirbs ar�d gutters, sidewalks aryd related shall be installed
in aocordanr.e with grades and st�nd�ds as sPe�ified by the City
` II�gineer ar�d paid by the praperty vwn�s.
� 3. S"IRF�r LIC��ING INSTAI,LATION
Street lightirig shall be installed and shaill be as approved by the
City Engineer. I�ightiryg fixtures st�ll be positioned so as to
preclude glare at�d other forins of unreasonable visual interFererioe to -
adjoiniuxJ Properties. ar�d shall be no higher thai'i the maxinaun height __
� Pexmitted bY the zone in which the site is located.
4. FIRE SAF�I'Y
Fire hydrants shall be located as requirecl bY the City. Explicit
�I construction plans reviewed tu�der C�or�dition 23 of this Resolution
s�hall be subj ect to review by the City, in owzsultation with the
Central Fire District, for on�liance with fire safety •
5. TRAFFIC SIGNS
Traffic control signs shall be plac�d at locations specified by the
city.
6. �
Grading shall be as apprwed at�d required by the City �gineer in
accord�nce with Ordinance 125.
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7. D�RAIl�,GE
� Drainage shall be provided to the satisfactian of the City F�gir�eez'•
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R�.solution No. 4300 (9-U-90) 09/24/90
Page -3-
8. L��' L� LT1TILlfi.�S
' � Zhe develvper shall oc��1Y with the ' of the
Utilities 0� No. 331 ar�d vther related ' and
regulatioa�s of the City of Q�pertino, anl shall 000r�i�� with
affec�ted utility prwiders for installation of w�dergrau�d utilitl'
devices. Zhe developer shall submit detailed plans showir�q utility
ur�cle,rgra�d provisions . Said plans shall be subj ect to prior apprwal
� of the affect.ed' UtilitY Provides' ar�d the City F.7�gir�r•
9 IMP�
The proj ect develvper shall enter into an it�rovement agr�nent with
the City of Cupertino Providi.ryg for payment of fees, incl�xli�g kut not
limited to cheGk.irx� ar�d ins�tlon fees, stoYm drain fees, park
dedication fees and fees for ' of utilities. Said
agreement shall be executed prior to issuar�oe of 000nstnu�:ion permits.
� l0. ZRANSFOFd'�ZS
� Electrical tr�nsformers, telephone vaults and similar avove groun'x�
equignent er�closures shall be sareened with fer�cir�g ar�d larx�scaping
or located such that said equignent �.s not vi.sible frcan
� public street areas. �
CIZ'Y IIJGINF.�t' S CE�'I'IFICATE OF
AOCEPTANCE OF ENGI�G/SLTRV�,'YJa1G �k1DITI0TLS
. -�, (Section 66474.10 CA. Gw't• Oode)
` ;_ ::-:.�
I hereby certify that the engir�eerir�g ar�d surveyir�g cor�ditions �lPted
in Section III of this RP�olution conform to generally
er�gineering Practioes.
/s/ Travice Whitten
; Travioe Tn�i.tten, Asst • CitY Er�gr •
� SECTION IV • OONDITIONS P,C�JISI'ERED BY �E (X'1N�lI1NI'I'Y 17EVELA�PM�NNr DE� •
12. APPftaVID EXfiIBIZ'S
The reocc�mend,atian of apprwal is based on the Plan Se� ���oor
�' the site Plan (Sheet i), Rr.�e Bowl overview (Sheet 2),
� plans (Sh,eets 3- 6), Section view (Sheet 7) all dated 09/18/90,
F�cizibit B, anci the Alternative ffiidge Ir�cation dia9ram (OS/22/90) in
i File 9-U-90, exoept as maY be amer�ded by the donditions oontained in
` this Re�'.�olution.
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' 13. DEVEIAPN�Tr A��
�
' Develv�ent entitlements authorized ur�der the subject use permit,
f shall be subject to
alor�g with the explicit conditions stated here�n�
the terms and obligatioa�s set forth in the f°��m�ali�d in�e
� . agreezn�nt between Westlar�d L. P. and the City
� 1-D�A-90, all provisions of which shall subiect to the City C�cxuzcil's
approval prior to reoorda►tion.
R,�solutian No. 4300 (9-U-90) 09/24/90
Page -4-
14. PE�+'IITI�:D USFS
The prwisions of the master use ��+;t for Valloo Fashion Park, as
stated in Canditian 17 of Use P�ermit 7�J-76 ar�d O�r�di.tion 3 of Use
P�e.rmit 31-U-86, shall apply to arry bu.ilt or unbuilt ir�nent of floor
spave, includir� e.ntitle,zne.nts tu�der the existir�g Geryeral Plan, aryd
those e.ntitl�nents granted tmdez' 2-GPA-89: . .
I
Development of non-retail buildir�g spaoe, e3ocept for such spaoe
devated to hvusir�g, shall be subject to a di.sit�ceritive "take-away��
forna�la for floor spaoe as dewribed in Sectioa� 2-10 of the Draft
Developdnent Agree�nent of 09/18/90 appearir�g in File 1-OA-90.
pr u�s�s located east of Wolfe Rcad, which are nat otherwise
required to obta�n use permit approval under the tern�s of the
above-desc�ribed master Use Fermit, may operate betw�een the hours of
11:00 PM ar�d 7:00 AM, will not be subject to sePar'ate use Permit
� review solely because such use operates between the hvurs of 11:00 PM
. ar�d 7:00 AM.
� Existi,r�g ar�d future approved uses located ai�vere in the shopping
center may be c�pexi to the public durir�g the 11:00 PM and 7:00 AM hvurs
( on an oocasional basis for special marketing ar�d prcarotional evenfis,
subj ect to adv�rx�, written authorization fresn the C�n�nuv.ty
Develv�nent Director. Such authorization may be granted for shapping
� center-wide events, as well as those events cor�ducteci by individual .
tenants encw�,�ssi.r�g 80, 000 s. f. or m�re of net lea_�eable floor space,
' ar�d shall be subject to fir�dir�g by the Oo�anunity Develop�nent Director -
that adequate steps have beFn taken to muzimize dist�noe to
adj oinirxJ P�Y �� ar�d residences, ar�d to the ocs�rnuiity as a
whole.
Hatel Use shall be liunited in aocordar� with the distY'ibution of
hotel roa�n credit for the Vallco Park Plannit�g Area, as descr'ibed in
the Iand Use Element of the Geneial Plan. Offive or industrial uses
shall be limited in a000rd�r�ce with the Floor Are.a Ratios for such
� uses described in the Land Use Ele�nent of the General Plan, for Valloo
Park Planning 1�irea. I�le�nentation of hatel, gerieral office or
irydustria]. uses oa� the the area ca�n�only defined as the Rose Howl (APN
316-20-37 & 38), in whole or in a mixed use fozmat with or without
inclusi� of retail activity, shall be subj ect to seParate Use P�e�.it
appr�oval.
Zhe subj ect entitlenents shall include the aption for hwsir�g within
the caYg�lex, should the developer elect to provide it. Such hvusir�g
( opportunity shall be subject to policy prir�ciples and density
limitations prescribed in the Gene.ral Plan. Floor area devated to
housin9 ooc�ancY shall nat be subject to the "oa�nescial" floor spaoe
cap (1,645,700 s.f.). and floor area devoted to housinq ooc�an�Y
� st�ll nvt be subj ect to the non-retail disirioentive forntula described
� Pa�9mPh 2 of this Condition.
09 24 90
Resolution No. 4300 (9-U-90) /
Page -5-
� 15. DI.S'IRIRTI'ION OF FLf)O�R SPACE
�
Arry unbuilt i�nent of apprwed floor spaoe, irr.luding entitle�nents
w�der the ex,istinq Ge.neral Plan, ar�d those errtitlezrnnts granted under
2-GPA-89, shall be distrib�ted to the areas desicp�ated on F�hibit B as
referenoecl in Coaxiition 12 of this Resolution. Any request to
cii.stribute floor spaoe outside of the areas envelope,shown on said
e�ibit shall be subject to separate Use Pn.�mit review.
I 16. PA�F2KIl�1G
parki.nq shal.l be provided at a ratio of ar�e spaoe/248 sq. ft. of gross
leasable floor ar�ea. Zhis ratio, alonq with the ultimate "build-wt��
irrventory of 6, 670 spaves ir�dicated o� Figure 3 of the Initial Stuc�y
doc�mrent shall constitute the parkiix� abligatic� for the project.
Short term deficit of parkit�g availability may oa��' duY'in4 P��
� construction work at arry location on the shcyppir�g oenter site, not
exceed to 200 spaces at arYy time. At ariy time that the deficit
exoeeds 200 spaces, the develc�r shal.l provide sufficient additional
( par}cir�q spaces to offset the deficit to a level at or belvw the 200
space threshold level. 'Ihe developer shall also proc�eed in good faith
I to obtain c�erative shared parking with offsite properties to offset
short tenn parkiix� deficit oonditions which mic�t occvr durir�g the
��Chz shoPPir�g season (Zhan}cs4ivir�q Day thrax3h JanuarY 2�
� inclusive).
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� � 'Ihe develaper shall also ensure that new parking spaoes are
oonstructed in sufficient quantity ar�d reasonable proximity to new
develo�anent authorized under the G�neral Plan Amerr3ment.
17. ICE RINi�CHILD CARE AN�I'I'IES
The existing Ice R.ink ar�d Child Care c�ter are dee�med to be public
amenities which shall be retained thraighvut the operating existenoe
of the shapping center, notwithstarydiryg future chai�qes of vwnership or
o�ther oorx3itians which could o�therwise result in closure of said
facilities. 'I3�e floor area devat,ed to these amenities shall be
excluded frcm the floor area c�lculation methods described in
Conditio�n 18 of this Use P�erMit.
Nothinq in this oondition shall be dee�ned to require the PropertY
vwner to be lx�u�d to an explicit child care c�'ator/tenant in the
cc��lex, ar�d said ootxiition may be modified or elimir�ated �on
adaption by the City Ca,uicil of a future child care Policy of citywide
1 applicability.
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Resolutian No. 4300 (9-U-90) 09/24/90
Page -6-
Opetation of the Ice Ftink and Child Care center shall be such a� �
ensure aooess thereto by the public through establishment of fai.r and
� reasonable fee.s and hours of operation.
18 . GR06S 7 FASFART F. gLppR ,�RE',j� �AI�A�j*IpT
�e principles stated in Condition 4 of Use P�ermit 31�J-86 shall be
u��ed to calculate floor area allocatioaz of use e.ntitiement for all
existir�g and 'future construction in the shopping oenter oce��lex. Said �
I condition i.s hereby amer�ded to include the following revisions:
- Zb the table describir�g maxisra.un squaz�e foatage permitted:
Authorized under 2-GPA-89: 260,000 s.f.
Z�L 1,645,700 s.f.
- To the "Area Included:"
- All space occvpied by fixed and mweable kiosks in the mal.l
� conoourse, including an area 5 feet wide ' g said }tiosks,
- 'Ib the "Area F�ccluded: ��
� - Floor spaoe devoted to the Ic�e Rink arr3 Child Care oenter and
ar�cillaty uses appurte.narit thereto.
� 19. SIC�1 PFt�JGRAM
I Sign infozmation appearing in the approved e�ibits shall be subject
to segarate apprwal of the Archit.ectu�al ar�d Site Apprwal ar�d City
i
Cv�u�cil .
20. ZRANSIT FACILITY
�e Devela�nent Agreezrt�� draft of 09/18/90 shall contain a t
for the developer to execute a fornAal agreement with the Santa Clara
` Caunty Transit District for plave�m�ent of a shared-use, seventy-five
space park ar�d ride lo�t on private lar�ds within the cca�lex, to be
located not more than 750 feet distant fram the actual location of
existing or future tr�nsit stops within the adjoinin street rights of
way.
Said agre�nent shall be subject to review by the City II�ginees for
consistency with the tenns of this Cor�di.tior� prior to z of
the agreement by the signatories thereto.
21. SINGLE USIIZ SPACE RES�IATION
At least 80,000 s.f. of the increm�zt of new floor spaoe authorized
� uncler the subject use p�xmit shall be reserved for a single user or
single manage�nent entity for p�poses of exioo�raging develc�nent of a
major retail or depaztemtn store activity in said spaoe.
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Resolution No. 4300 (9-U-90) 09/24/90
Page -7-
22. PA�Nr OF Il�AGT FEE
' � �he Develognent AgreHrnst sha11 provide for the PaYme�ct bY the
developer of an annual in�act fee of $100,000 t�on ooc�letion of the
first 200, 000 s. f. of new floor �rea oo�nstruction beyor�d the existir�g
floor area• said fee shall be raised an additional $25,000 every five
years after the $100, 000 gayments begin ar�d shall o�r�tir�ue for the
��ir�g tPS�n of the Develc�nPxYt A�gre�nt. If the existit�g impact
fee has not 'been fully paid when the $100,000 PaYmeht becJins, the
� $100, 000 payment sha11 be creciited first to the PaYment of the
existing ii�act fee such that the Develc�per st�all not be r+equired to
pay more than $100, 000 durirx� ariy single year.
In r�o case shall the obligation to pay said Fee extend beyor�d a period
of twenty (20) years frwn the date u�on which the subject Devel�zt
Agre�ment is z�ecorded.
23. DFSIGN RE�TIE,W PROC�UFtE
1
Section 2.8.3 of the Development Agr'eement Draft of 09/18/90 in File
1-DA-90 shall be modified to include the follvwing prooedure:
�
Prior to issl�ano� of building pezznits for ariy new
� construction, the develap�s shall return to the
Architectural ar�d Site Approval C�nitt.ee anci City
� Co�ur�cil for formal approval of e�licit architectural
elevations ar�d site/lar�dsc details. Said ASAC
.,t. review shall test for oonsistency with details described
���:.:-�� in the Design Objectives Narrative which appears as an
appendix to the Develognent Acl�nerrt aPProved tu�der
1-DA-90.
24. TREE �`2'r
i
Trees on private property, or within the public right of way, as
described on the tree location sureay of 09/18/90, which are r�oved
to construct the bridge ing�rove�zts, driveway approaches ar�d
. potential transit �ts on the Wolfe Road ar�d Vallco Parkway
frontages of the l�se &�wl site shall be replaoed on a two-fo�one
basis with 24" box spec�mens, the location of which shall be subject
to apprwal of the Architectur�l ar�d Site Approval Cx�n.ittee.
25. F�RD6CAPE �TRICTICJN
Fedestrian pavers ar�d other hani�cape features develaped on the RASe
Bvwl site s�all be gerierally limit�d to seatirx� ar+�s, pedestrian
� �,,ralkways ar�d retainir�q walls to the ext�ent that they support the
ez�cauragement of a pedestrian-suitable erniromnent. Lar�dscaPing aryd
soft-textured design features are encouraged to the greatest extent
( p�ssi.ble in Greatir�g the final streetsc�ae vor�oeP't.
R��olution No. 4300 (9-U-90) 09/24/90
Page -8-
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pAS.SID AND ADOPI� this 24th day of Septeznber, 1990 at a Regular Meetir�g
of the Plannir�g c7ce�aaission of the City of Clipertino by the followirx� roll
call vate:
AYES: �IISSIONE�ZS: Ada�, Faze]cas, Mackenzie, CY�r. Claudy
NAYS : �SSIONII�S : None
AHSTA.IId: �SSION�tS : None
ABSII�I': �SSIOI�1E�i.S: Ma�nn
AZ'I'EST' �ID'
.
Js/ Robert Cowan /s/ John Claudy
Rob�rt CSawan Jo�tui Clat�dy, Chainnaiz
. Director of Cce�rnulity Development Cxipertino Plannir�g �n,ission
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