CC Resolution No. 12-055 ASA-2011-24 Main StreetRESOLUTION NO. 12-055
OF THE CITY COUNCIL Off" HE CITY of C PE TINO
APPROVING A SITE AND ARCHITECTURAL APPROVAL FOR RETAIL BUILDINGS
THROUGH 51 RETAIL PAD 3 AND A FIVE STORY, 180-ROOM MOTEL, AND 0,8 ACRE
TOWN SQUARE ON A 17.4 ACRE SITE LOCATED NORTH OF STEVENS CREEK
BOULEVARD BETWEE N FINCH AVENUE (INCLUDING BATH SIDES OF FINCH AVENUE)
AND N. TANTAU AVENUE, SOUTH OF VALLCO PARKWAY
IDENTIFIED BY A NS 316-20-085, 316-20-078 AND 316-20 -079
SECTION I: PROJECT DESCRIPTION
Application No.: ASA -201 1 -24
.Applicant: Kevin Dare
Property Owner: 500 Forbes, LLC
Location: forth of Stevens Creek Boulevard between Finch Avenue (including the both sides
of Finch Avon and I. Tantau Avenue, south of V .11 o bark
(APNs 316 -20 -085, 316-20-078 AND 316 -20 -079}
SECTION II: FINDINGS
WHEREAS, the Planning Commission and City Council of the City of Cupertino received an application
for Architectural and Site Approval for retail buildings 2 through 5, retail pad 3, a five-story, 180- room
hotel, and 0.8 acre torn 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 and City Council have held one or more public
hearings on this matter; and
WHEREAS, are Addendun to the 2009 Final BnVironrnehtal Impact Report was prepared to adequately
address the environmental review of the proposed application in accordance with the California
En.viro inent.al Quality Act (CE QA); and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following re quirements:
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 CBQ ;
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 Specie Plan.
NOW, "rHBR EF R , BE IT RESOLVED:
Resolution No. 12-055
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted ire this
matter, the application for Architectural and Site Approval, is hereby approved, subject to the conditions
which are enumerated 1n this Resolution beginning Qn Page 2 thereof; and
That the subeonelusions upon which the findings and conditions specified in this resolution are based and
contained in the public hearing record concern' Applications No. ASA -2 11-2 as set forth in the
Minutes of the City Council Meeting of May 15, 2 12,. and are incorporated by reference as though fully
set forth herein.
SECTION f11: CONDITIONS ADMINISTER E D BY THE COMMUNITY DEVELOPMLNT DEPT.
1, APPROVED EXHIBITS
[ion A(1)-2 based. on Exhibits titled; "Main. Street Cupertino, Sand Hill
ertino, California" consisting of 79 pages, dated May 4, 2012, labeled
aeet, AO through A14, A2. 0 through A2.18, H-01 through H-05, CO,O
through L2.1 , except as may be amended by the conditions contained in
The approval is for l
Property. Company, Ct
Option A(0-2, Title
through C 6 . , and L2.1
this resolution,
2. CONCURRENT APPRO AL 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 roes, dedication
requirements, reservation requirements, and other exactions, Pursuant to Government Code
Section 66020(d) 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, dedie .tions,
reservations, and other exactions, pursuant to Government Code Section 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 at a regular meeting of the City Council of the City of Cupertino this 15th day
of May, 2012, by the following vote:
Vote Members of'the 01y Council
AYES:
Santoro, Mahoney, Chang, Sims, Wong
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
Grace Schmidt, City Clerk
APPROVED:
Marls Santoro, Mayor, City of Cupertino