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Reso 6814DA -2016-01 CITY OF CJIP]ERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6814 OF THE ]PLANNING COMMISSION OF THE CITY OF CU PERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE A DEVELOPMENT AGREEMENT EM]ENT ]FOR THE DEVELOPMENT A OF 122 -ROOM HOTEL, TWO MIXED-USE BUILDINGS WITH 188 APARTMENTS, AND A]PPRR®XIMATLEY 26,000 SQUARE ]FEET OF COMMERICAL SPACE IN A PLANNED GENERAL C®MM]ERIIC1AL ZONING DISTRICT LOCATED AT 10122 BANDL EY DRIVE AND 10145 N®]LZZ'1'H DE ANZA BOULEVARD SECTION fo PROJECT DESCRIPTION Applicati®n No.: DA -2016-01 Applicant: Any Chan Property Owner: De Anza Venture, LLC Location: 10122 Bandley Drive and 10145 North De Anza Boulevard (A]PN# 326-34-043, 326-32-066) SECTION 110 ]FINDINGS FOR DEVELOPMENT AGREEMENT WHEREAS, the Planning Commissi®n ®f the City of Cupertino received an application for a Development Agreement as described in Secti®n I. ®f this Resolution; and WHEREAS, Government Code Sections 65864 through 68569.5 provide the statutory authority for development agreements between municipalities and parties with a fee ®r equitable interest in real property; and WHEREAS, Cupertino Municipal Code § 19.144.010 et seg., establishes additional procedures f®r review and approval ®f proposed development agreements by the City of Cupertino; and WHEREAS, the necessary public notices have been given as required by the ]Procedural Ordinance ®f the City ®f Cupertino, and the ]Planning Commissi®n has held at least one public hearing in regard t® the application; and WHEREAS, the ]Environmental Review Committee reviewed a Mitigated Negative Declaration, which is a concurrent recommended approval under a separate resolution f®r a development permit; and Resolution No. 6814 DA -2016-01 July 26, 2016 WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, concurrent applications and recommended conditions of approval are contained in file no. DP -2015-05, ASA -2015-22, U-2015-06, EXC-2016-03, EXC-2016-05, TR -2016-14, AND EA - 2015 -05 and shall applicable to this approval. WHEREAS, the terms of the Development Agreement include the following community benefits funded by De Anza Venture, LLC: 1. Traffic Signal modifications, $150,000 2. Pedestrian and Bicycle Improvements, $35,000 3. Transportation Management Association, $50,000 one-time payment and $20,000 annually 4. Bus shelter and benches, $40,000 5. City use of conference rooms with a minimum square footage of 500 square feet 12 days a year, valued at $12,000 6. Contribution to Fremont Union High School District and Cupertino Union School District that includes: a. Monetary contribution to FUHSD, $18,000 annually b. Monetary contribution to CUSD, $46,000 annually c. 10 days of free hotel rooms annually (5 days for each district), valued at $3,500 d. Free use of Community Room when available WHEREAS, the Development Agreement will include additional terms regarding affordable housing and the transportation demand management program; and WHEREAS, approval of the Development Agreement will provide De Anza Venutre, LLC with assurances that its development of the Property in connection with the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction and use of the development and promote the achievement of the private and public objectives of the development; and WHEREAS, the Planning Commission finds as follows with regard to this application: A Development Agreement shall be enacted by ordinance by the City Council upon making the following findings: A. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan; B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located; C. Is in conformity with and will promote public convenience, general welfare and good land use practice; D. Will not be detrimental to the health, safety and general welfare; E. Will not adversely affect the orderly development of property or the preservation of property values; and Resoluti®n No. 6814 DA -2016-01 July 26, 2016 F. Will promote and encourage the development ®f the proposed project by providing a greater degree ®f requisite certainty. NOW, THEREFORE, BE 1T RESOLVED: That after careful considerati®n ®f the initial study, reaps, facts, exhibits, testimony and other evidence submitted in this matter, subject f® the conditions which are enumerated in the resolutions of concurrent applications: The applicati®n f®r a Development Agreement, Application no. DA -2016-01 is hereby recommended f®r approval, and that the subc®nclusi®ns up®n which the findings and conditions specified in this Resoluuti®n are based and contained in the ]public Hearing record concerning Applicati®n no. DA -2016-01 as set forth in the Minutes of ]Ting. Commissi®n Meeting ®f July 26, 2016, and are inc®rp®rated by reference as though fully set forth herein. PASSED AND APPROVED ED this 26th day ®f July 2016, at a meeting ®f the Planning Commissi®n ®f the City ®f Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chair Takahashi, Nice Chair Gong, Paulsen NOES: COMMISSIONERS: ERS: ]Lee ABSTAIN: COMMISSIONERS: Sun ABSENT: COMMISSIONERS: ERS: ATTEST: APPROVED: ED: -74 Benjamin Fu Alamo Takahashi, Chair Assist. Direct®r ®f Community Development Planning Commission