Reso 6685 ASA-2011-24
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6685
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A SITE AND ARCHITECTURAL APPROVAL FOR TWO FOUR-STORY
OFFICE BUILDINGS TOTALING 289,750 SQUARE FEET,A 3-and 4-LEVEL 50-FOOT HIGH PARKING
STRUCTURE WITH UNDERGROUND PARKING,62,200 SQUARE FEET OF RETAIL SPACE(RETAIL SHOPS 1-7
AND RETAIL PADS 1-3),A FIVE-STORY 180 ROOM HOTEL,AND 0.8 ACRE TOWN SQUARE ON A 17.4 ACRE
SITE LOCATED NORTH OF STEVENS CREEK BOULEVARD BETWEEN FINCH AVENUE (INCLUDING BOTH
SIDES OF FINCH AVENUE) AND N.TANTAU AVENUE,SOUTH OF VALLCO PARKWAY
IDENTIFIED BY APNS 316-20-085,316-20-078 AND 316-20-079
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2011-24
Applicant: Kevin Dare
Property Owner: 500 Forbes,LLC
Location: North of Stevens Creek Boulevard bettiveen Finch Avenue (including the both sides of
Finch Avenue) and N.Tantau Avenue,south of Vallco Parkway
(APNs 316-20-085,316-20-078 AND 316-20-079)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an applicaHon for Architectural and Site
Approval of a two four-story office buildings totaling 289,750 square feet, 62,200 square feet of retail space (retail
shops 1-7 and retail pads 1-3),a five-story 180 room hotel, a 3-and 4-leve150-foot high parking garage,and 0.8 acre
town square, as described in Section I 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, an Addendum to the 2009 Final Environmental Impact Report was prepared to adequately address the
environmental review of the proposed application in accordance with the California Environmental Quality Act
(CEQA);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;and
2) The proposed project will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan, the purpose of the Architectural and Site Review Chapter of the Cupertino
Municipal Code,and complies with the California Environmental Quality Act(CEQA);and
3) The proposed development is consistent with the zoning regulations and the South Vallco Special Center
and South Vallco Master Plan;and
4) The proposed development is consistent with the Heart of the City Specific Plan.
Resolution No. 6685 ASA-2011-24 March 27,2012
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the
application for Architectural and Site Approval, is hereby recommended for approval, subject to the conditions
which are enumerated in this Resolution beginning on Page 2 thereof;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. ASA-2011-24 as set forth in the Minutes of the
Planning Commission Meeting of March 27, 2012, and are incorporated by reference as though fully set forth
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits Htled: "Main Street Cupertino, Sand Hill Property Company,Cupertino,
California" consisting of 98 pages, dated March 2012, labeled Title Sheet, AO through A14, A2.0 through
A2.19, H-01 through H-03, C0.0 through C6.5, and L2.1 through L2.10, except as may be amended by the
conditions contained in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. M-2011-09 and TM-2011-04 shall be applicable to this
approval.
3. NOTICE OF FEES,DEDICATIONS,RESERVATIONS OR OTHER EXACTIONS
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, and other exactions. You are hereby further notified that the 90-day approval
period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code SecHon 66020(a), has begun. If you fail to file 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.
PASSED AND ADOPTED this 27th day of March 2012, 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 Miller,Vice Chair Sun,Brophy,Brownley
NOES: COMMISSIONERS:Lee
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
`.
_ —`�
A ti ava,Director Marty Chair
Community Development Department Planning Commission
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