Reso 6327 i
DA-2005-02
� CITY OF CUPERTINO
� 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6327
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AMENDMENTS TO A DEVELOPMENT AGREEMENT
� FOR VALLCO FASHION PARK (1-DA-90)
� SECTION I: PROTECT DESCRIPTION
�
Application No(s).: DA-2005-02
Applicant: Mike Rohde (Vallco Fashion Park)
i Location: 10123 N. Wolfe Road
SECTION II: FINDINGS FOR DEVELOPMENT AGREEMENT
�
WHEREAS, the Planning Commission of the City of Cupertino received an application for
� the amendment to the development agreement, as described in Exhibit A attached hereto;
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 Planning Commission finds that the subject Development Agreement meets
the following requirements:
1) Is consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plan;
2) Is compatible with the uses authorized in, and the regulations prescribe for, the land use
district in which the real property is or will be located;
3) Is in conformity with and will promote public convenience, general welfare and good
land use practice;
4) Is not detrimental to the health, safety and general welfare;
5) Will not adversely affect the orderly development of property or preservation of property
values; and
6) Will promote and encourage the development of the proposed project by providing a
greater degree of requisite certainly.
NOW, THEREFORE, BE IT RESOLVED:
That the Development Agreement agreement shall be amended to extend the term of the
Agreement to August 15, 2009, and shall require hotel use for future development in the
northeast portion of the property; and
Resolution No. DA-2005-02 October 11, 2005
PaQe 2
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for amendment is hereby recommended for approval;
and
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No. DA-2005-02,
as set forth in the Minutes of the Planning Commission Meeting of October 11, 2005, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. DEVELOPMENT AGREEMENT AMENDMENT
The Development Agreement Amendments are recommended for approval as
shown in Exhibit A(City Council Ordinance).
PASSED AND ADOPTED this 11� day of October 2005, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Commissioners Saadati, Chen and Giefer
NOES: COMMISSIONERS: Chairperson Wong, Vice-Chair Miller
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
. ' ��
, �
Steve Piasecki Gilbert Wong, Chairperson
Director of Community Development Cupertino Planning Commission
G:/plan ning/pdreport/res/DA-2005-02
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MODIFYING A DEVELOPMENT AGREEMENT (1-DA-90) TO EXTEND THE
TERM OF THE AGREEMENT TO AUGUST 15, 2011 AND TO REQUIRE A
HOTEL USE FOR FUTURE DEVELOPMENT IN THE NORTHEAST PORTION
OF THE PROPERTY
WHEREAS, an application was received by the City (Application No. DA-2005-
02) for the modification of a development agreement (1-DA-90);
WHEREAS, the City Council finds that the subject Development Agreement
meets the following requirements:
Is consistent with the objectives, policies, general land uses and programs
specified in the General Plan and any applicable specific plan;
Is compatible with the uses authorized in, and the regulations prescribe for, the
land use district in which the real property is or will be located;
Is in conformity with and will promote public convenience, general welfare and
good land use practice;
Is not detrimental to the health, safety and general welfare;
1, Will not adversely affect the orderly development of property or
preservation of property values; and
Will promote and encourage the development of the proposed project by
providing a greater degree of requisite certainly.
WHEREAS, upon due notice and after one public hearing the Planning
Commission recommended to the City Council that the amendment be granted;
and
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1, That section 1.2 Term of the development agreement described as 1-
DA-90 is hereby amended to extend the term of the Development Agreement to
August 15,2011.
Section 2.6.5 Conditions with Regard to Hotel Site, Future development for the
approximately two acre site located at the northeast portion of the Property,
currently labeled "Proposed Sports Connection" in Exhibit B of the Agreement,
shall be developed for a minimum 100-room hotel and ancillary services.
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