ASA-2011-24b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT 1 N O TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
June 6, 2012
Re: Subject: Main Street Cupertino mixed-use development
Recommended Action: Approve Modifications (M-2011-09) to the previously-approved
Master Use Permit (U-2008-01), Architectural and Site Approval (ASA-2008-06) and Tree
Removal Permit (TR-2008-08) to allow for a hotel of up to 180 rooms; 138,700 square feet
of retail/athletic club space; a 0.8-acre town square; up to 260,000 square feet of office
space; 143 senior age-restricted units (no condominiums); a 0.75-acre park; removal of 61
trees and relocation of 17 trees; Architectural and Site Approval (ASA-2011-24) for the
retail buildings and hotel where architectural elevations have been provided; Tentative Map
(TM-2011-04) for a total of four fee simple lots with 143 senior age-restricted units (no
condominiums); Modification of Condition No. 5 to replace the requirement for a 400-
person banquet facility with a 6,500 square foot restaurant and meeting space; Extension of
permit to expire five years from the date of approval of this modification; Preservation of
the existing Ash trees along Vallco Parkway as the street trees; Allowance to apply faux
balconies, rather than useable balconies, on the hotel exterior; Removal of the requirement
in Condition No. 6 requiring that the applicant provide free VTA passes to the seniors living
in the senior housing complex for one year; and the 2012 Addendum to the 2009 Final
Environmental Impact Report
Description: Application(s): M-2011-09, ASA-2011-24, TM-2011-04 (EA-2011-18);
Applicant: Kevin Dare (500 Forbes, LLC); Location: North side of Stevens Creek
Boulevard (3 vacant lots) on both sides of Finch Avenue and west of N. Tantau Avenue;
APN # 316-20-085, 316-20-078, 316-20-079
Please note the enclosed change to condition 23c. Also enclosed are the resolutions that Council
adopted at its May 15 meeting.
Sincerely,
�
Grace Schmidt
City Clerk
cc: Community Development
500 Forbes, LLC
Attn: Kevin Dare
203 Redwood Shores Pkwy #200
Redwood City, CA 94065
May 17, 2012 Page 3
A performance bond for the construction of the park (not less than $1.125 million) shall be
required in Phase I. The applicant shall work with staff on the appropriate timing for
acceptance of the performance bond and completion of the park. If the park is not completed
to the satisfaction of the City within four (4) years from the date of approval of the permit,
the City shall have the option of calling in the bond and constructing the park.
A. Prior to granting a certificate of occupancy for the first of the hotel or office buildings,
the Town Square, street and sidewalk improvements along Finch Avenue loop and the
street and sidewalk improvements along the interior roadway connecting Finch Avenue
loop to the office parcel shall be completed to the satisfaction of the City.
B. Prior to granting a certificate of occupancy for the second of the hotel or office
buildings, certificates of completion for shell, core, exterior facades and related
landscaping and improvements shall be obtained for at least 50% of the retail approved
for Phase I of the project.
C. Prior to granting a certificate of occupancy for the third of the hotel or office buildings,
certificates of completion for shell, core, exterior facades and related landscaping and
improvements shall be obtained for all the retail buildings �^��*°a °^�+ ^�����'� "��°^��°
�•
13. The applicant is required to return to the City Council, no later than six months from the
date of the project approval, to update the Council on the progress related to developing the
senior housing apartments and discuss alternatives for the northwest corner of the site.
14. Removed the requirement for useable balconies on the hotel; faux balconies are acceptable.
15. Removed the requirement for free VTA passes for seniors living in the senior housing
complex.
16. Preserved the existing Ash trees as the street tree along Vallco Parkway.
17. Modified Condition No. 5 of the original 2009 Master Use Permit conditions to allow a
6,500 square foot restaurant with meeting space in the hotel in lieu of the former
requirement for a 400-person banquet hall in the case that the hotel was built with more than
160 rooms.
Unless amended above, the Modification (M-2011-09) conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "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-Ol 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. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary locations, building setbacks, property size, building
, �.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (408)777-3223 • FAX: (408)777-3366
May 17, 2012
Re: Subject: Main Street Cupertino mixed-use development
Recommended Action: Approve Modifications (M-2011-09) to the previously-approved
Master Use Permit (U-2008-01), Architectural and Site Approval (ASA-2008-06) and Tree
Removal Permit (TR-2008-08) to allow for a hotel of up to 180 rooms; 138,700 square feet
of retail/athletic club space; a 0.8-acre town square; up to 260,000 square feet of office
space; 143 senior age-restricted units (no condominiums); a 0.75-acre park; removal of 61
trees and relocation of 17 trees; Architectural and Site Approval (ASA-2011-24) for the
retail buildings and hotel where architectural elevations have been provided; Tentative Map
(TM-2011-04) for a total of four fee simple lots with 143 senior age-restricted units (no
condominiums); Modification of Condition No. 5 to replace the requirement for a 400-
person banquet facility with a 6,500 square foot restaurant and meeting space; Extension of
permit to expire five years from the date of approval of this modification; Preservation of
the existing Ash trees along Vallco Parkway as the street trees; Allowance to apply faux
balconies, rather than useable balconies, on the hotel exterior; Removal of the requirement
in Condition No. 6 requiring that the applicant provide free VTA passes to the seniors living
in the senior housing complex for one year; and the 2012 Addendum to the 2009 Final
Environmental Impact Report
Description: Application(s): M-2011-09, ASA-2011-24, TM-2011-04 (EA-2011-18);
Applicant: Kevin Dare (500 Forbes, LLC); Location: North side of Stevens Creek
Boulevard (3 vacant lots) on both sides of Finch Avenue and west of N. Tantau Avenue;
APN# 316-20-085, 316-20-078, 316-20-079
At its May 15, 2412 meeting, the Cupertino City Council took the following action:
1. Approved the Modification (M-2011-09) to the 2009 Master Use Permit (U-2008-01),
Master Site and Architectural Approval (ASA-2008-06) and Tree Removal Permit (TR-
2008-08) based upon Option A(1)-2 plan, dated April 30, 2012, to allow for a 180-room
hotel, 260,000 square feet of office, up to 138,700 square feet of retail space, 143 age-
restricted senior housing units, a 0.80 acre town square, a 0.75 acre park, and a five-level
parking garage with two levels below ground; modification to the Master Site and
Architectural Approval; and removal of 61 trees and relocation of 17 trees.
2. Approved the Architectural and Site Approval (ASA-2011-24) for retail shops 2-5, building
pad 3 and the hotel.
3. Approved the Tentative Map for five (5) lots and no condominiums.
4. Approved the 2012 Addendum to the Final Environmental Impact Report.
May 17, 2012 Page 2 _
5. Revised Condition No. 3 to add that Permits for Phase I shall expire three (3) years after the
approval of this modification; Permits for Phase II shall expire four (4) years after the
approval of this modification. The park shall be completed to the satisfaction of the City
within four(4) years from the date of approval of this permit.
6. Revised Condition No. 10 on the vacation of Finch Avenue as follows (see below).
"The vacation of Finch Avenue is necessary to support this development. The
vacation will be processed according to procedures set by the Streets and Highways
Code and the Municipal Code. A bond will be required prior to issuance of permits
for street modifications that will allow Finch Avenue to be reverted back to a
standard City street in the case that the construction of the project is not completed.
The Developer shall install and complete the street modifications within two (2)
years of approval of the Final Map, or such longer period as may be specifically
authorized in writing by the City Engineer. Public access easements, for both
vehicular and pedestrian travel, will be provided across the improved site, to link
Stevens Creek Boulevard with Vallco Parkway, as well as provide public access to
the park and the "town center" plaza area. Failure to complete the improvements
withiri the specified time will result in the reversion of Finch Avenue to a standard
City street and the ownership of the former Finch Avenue right-of-way shall revert
back to the City. The reversion of Finch Avenue back to a City street shall be subject
to approval by the City Attorney and Director of Public Works."
7. Revised Condition No. 31.B.3 to say that Hotel type as a Marriott Residence Inn is
acceptable; however, the Architectural and Site Approval application for the interior and
exterior design of the hotel must return back to the City Council for review and approval.
The exterior architectural design of the hotel shall be of the same quality and design
standard as the example provided by the applicant of the Marriott Residence Inn in the
Gaslamp district of San Diego.
8. Retained the proposed retail pads in the Town Square at the sizes proposed (1,500 square
feet for the south pad and 2,000 square feet for the north pad) in Site Plan Option A (1)-2
but required redesign of the pad buildings to be of a more open architectural style in keeping
with the Architectural Advisor's recommendations.
9. Added a parking garage entrance and exit along the south side of the parking garage from
the Stevens Creek Boulevard driveway entrance nearest to Tantau Avenue.
10. Amending Condition No. 46 to add the following - provide a minimum 20-foot wide
landscape buffer along the west side of the project site, adjacent to_the Metropolitan mixed-
use development site, and reduce the park size accordingly so that the buffer and park total
0.75-acres.
1 l. Provide a retail building north of the retail shop 8 building between the park and Town
Square.
12. Revised Condition No. 23 on the construction phasing of the development based on staff s
revised conditions (see below):
Phase I shall include all buildings, except for the park and the senior housing site. Phase II
shall include the park and senior housing.
May 17, 2012 Page 3
A performance bond for the construction of the park (not less than $1.125 million) shall be
required in Phase I. The applicant shall work with staff on the appropriate timing for
acceptance of the performance bond and completion of the park. If the park is not completed
to the satisfaction of the City within four (4) years from the date of approval of the permit,
the City shall have the option of calling in the bond and constructing the park.
A. Prior to granting a certificate of occupancy for the first of the hotel or office buildings,
the Town Square, street and sidewalk improvements along Finch Avenue loop and the
street and sidewalk improvements along the interior roadway connecting Finch Avenue
loop to the office parcel shall be completed to the satisfaction of the City.
B. Prior to granting a certificate of occupancy for the second of the hotel or office
buildings, certificates of completion for shell, core, exterior facades and related
landscaping and improvements shall be obtained for at least 50% of the retail approved
for Phase I of the project.
C. Prior to granting a certificate of occupancy for the third of the hotel or office buildings,
certificates of completion for shell, core, exterior facades and related landscaping and
improvements shall be obtained for all the retail buildings located east of Finch Avenue
loop.
13. The applicant is required to return to the City Council, no later than six months from the
date of the project approval, to update the Council on the progress related to developing the
senior housing apartments and discuss alternatives for the northwest corner of the site.
14. Removed the requirement for useable balconies on the hotel; faux balconies are acceptable.
15. Removed the requirement for free VTA passes for seniors living in the senior housing
complex.
16. Preserved the existing Ash trees as the street tree along Vallco Parkway.
17. Modified Condition No. 5 of the original 2009 Master Use Permit conditions to allow a
6,500 square foot restaurant with meeting space in the hotel in lieu of the former
requirement for a 400-person banquet hall in the case that the hotel was built with more than
160 rooms.
Unless amended above, the Modification (M-2011-09) conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "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. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary locations, building setbacks, property size, building
May 17, 2012 Page 4
square footage, any relevant easements and/or construction records. Any misrepresentation
of any property data may invalidate this approval and may require additional review.
3. DEVELOPMENT APPROVAL
Approval of a Modification to the Master Use Permit is granted for a period of five (5) years
from the date of the Modification approval to allow the construction of a hotel of up to 250
rooms; 138,700 square feet of retail/athletic club space; a 0.8 acre town square; up to
289,750 square feet of office space; 143 senior age-restricted condominium units; 0.75 acre
park, and 3- and 4-level 50-foot high parking garage; and require the ground floor of the
office buildings and senior housing building to accommodate retail components in each
building.
Market-rate housin� was removed from all alternate options bv the applicant and is no
longer�art of the development �proval Therefore market-rate housin� mav not be
considered in lieu of the senior housing component and Schemes 2A and Schemes 2B are
not part of the development approval.
With the exception of the residential units and office square feet, all other uses are subject to
further refinement based on the final approved tenanting and land use plan, provided that
there are no additional traffic and parking impacts as determined by the Community
Development Director.
Uses Develo ment A roval
Senior Housin 143 age-restricted condominiums units
Hotel 5-stories, u to 250 rooms
Athletic 60,000 square feet athletic club or 60,000 square feet of retail
Club/Additional
Retail Sho s
Parking Garage 1,059 spaces - 4-stories above ground and one level underground.
retail)
Parl:ing Garage 328 spaces—3 levels and one level underground.
office)
Retail Up to 138,700 square feet (with no athletic club, the additional retail
option(Scheme 1C) and conversion of 9,000 sf along Vallco Parkway
street frontage to future additional retail sho area)
Office 289,750 s uare feet
Publicly 1.55 acres of town square and park area
Accessible Open �
Space (Town
S uare and Park)
4. OFFICE DEVELOPMENT ALLOCATION FOR THE OFFICE BUILDINGS
Prior to issuance of any building permit(s) for the office buildings, the applicant shall
demonstrate to the satisfaction of the Community Development Director that any tenant of
any of the office buildings shall meet the requirement of Strategy 3 (Major Companies) of
Policy 2-20 (Diversity of Land Use) of the Cupertino General Plan which states that "(n)ew
office development must demonstrate that the development positively contributes to the
May 17, 2012 Page 5
fiscal well being of the City." Compliance with this condition shall be a requirement for
initial building permit issuance and validity of a Certificate of Occupancy.
5. HOTEL OPERATIONS
The hotel shall be permitted to operate as a 24-hour late night business operation and shall
provide a minimum 6,500 square foot restaurant and meeting space area on the ground floor
of the hotel along the Town Square. Any additional or revised uses for the hotel will be
reviewed at the time specific business operation information is provided about these uses to
determine if they are permitted and will require a separate Use Permit application.
(Note: This modifies the Condition No. 5 in the approval dated January 20, 2009) to replace
the requirement for a 400-person banquet facility with a 6,500 square foot restaurant and
meeting space.
6. SENIOR HOUSING REQUIREMENTS
Prior to issuance of building permits, a covenant, approved by the City Attorney, shall be
required to ensure that the senior housing remains as age-restricted housing for seniors.
7. MAXIMUM PERCENTAGE OF RESTAURANTS
The maximum square footage of restaurant use (or any food-related uses with similar
parking demand) permitted within the retail space of the mixed-use development shall not
be more than 10% based on the approved development scheme(s) and retail space square
footage for the project, in accordance with the traffic analysis dated February 23, 2012 and
parking analysis dated March 2, 2012, performed by Fehr and Peers. Any future refinements
to the restaurant percentage may be approved by the Director of Community Development if
a subsequent parking and traffic analysis indicates that there is adequate parking for the
various mixtures of uses and there are no additional significant traffic impacts compared to
thresholds studied in the origina12009 Environmental Impact Report.
8. TENTATIVE MAP ,
Approval of a Tentative Map is granted to subdivide the property from three parcels into
seven parcels and subdivide Lot 2 into 143 senior age-restricted condominium units and one
condominium for a parking garage per Pages C0.0 through C6.5. The hotel/retail parking
parcel shall be used solely for parking for the hotel and retail use. The parcel shall not be
sold separately from either the hotel or retail parcel. These restrictions shall be included
within the C.C. & R's.
9. VACATION OF FINCH AVENUE
Finch Avenue shall be vacated upon approval by the City Council in accordance �vith the
City's procedure to vacate a public street.
10. COVENANT OF RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easements between each lot created by the new development. The applicant shall also record
appropriate deed restrictions for necessary reciprocal ingress and egress easements between
the adjacent properties to the west, to be implemented at such time that the City can require
the same of adjacent property owners. These reciprocal ingress and egress easements
between each lot and between adjacent properties to the west shall also be recorded on the
Final Map. The easement language shall be reviewed and approved by the City Attorney and
May 17, 2012 Page 6
the Director of Public Works. T`he covenant of easement shall be recorded prior to final
map approval.
11. PUBLIC PEDESTRIAN EASEMENT
Public access pedestrian easements through the interior sidewalks, pedestrian paths and
plazas, the town square, and park area shall be required and recorded on the final map as
noted in the tentative map plans C0.0 — C6.5. The easement language shall be reviewed and
approved by the City Attorney and Director of Public Works prior to recordation of the
easement on the project site with the final map approval. T'he final map will include Public
Pedestrian Easements, though the CC&R's will include additional restrictions/guidelines on
the usage of the Public Pedestrian Easements.
12. COVENANTS, CONDITIONS AND RESTRICTIONS
The project CC&Rs shall be reviewed and approved by the City Attorney prior to
recordation with the final map approval. The CC&Rs shall incorporate requirements
pertaining to the public access easements, reciprocal ingress/egress easements, public
pedestrian easements, shared parking, maintenance and operation of common areas
including but not limited to public access to the park and Town Square, and joint use
agreement for the town square and park. The conditions of approval for the project shall also
be recorded on the properties and incorporated into the CC&Rs. No changes may be made to
the CC&Rs without the City Attorney's review and approval.
13. JOINT USE AGREEMENT
Prior to recordation of the final map, the applicant shall submit a joint use agreement
between the City and the applicant to be reviewed by the City Attorney and the Director of
Parks and Recreation, and approved by the City Council, which permits the City to use the
town square and paxk area for public use f.or community events or other similar City-
approved events or activities, such as, but not be limited to a farmers' market, holiday
activities, and summer events. The joint use agreement shall be recorded and incorporated
by reference into the Covenants, Conditions and Restrictions (CC&Rs) of the project site.
The Joint Use Agreement shall include provisions for maintenance of the park and town
square.
The joint use agreement shall govern the public use, programming, public access and
percentage of time available for the allowable public activities and events for which the
town square and park may be used. The agreement shall also require available publicly
identifiable restroom facilities for public use during normal business hours. No structures
will be constructed on the town square area without the prior approval of the City of
Cupertino, other than the retail pad structure(s) approved in accordance with the Master Use
Permit. The programming provisions of the joint use agreement shall be administered
between the applicant and the Parks and Recreation Department and the document approved
by the City Attorney. The park shall be constructed prior to issuance of a Certificate of
Occupancy for any structure on the entire project.
14. MAINTENANCE AGREEMENT
A. The applicant shall create an Improvement and Maintenance District to maintain the
park, town square, sidewalks, landscaped park strips along Vallco Parkway, N. Tantau
Avenue and Stevens Creek Boulevard directly adjacent to the subject project site. Said
May 17, 2012 Page 7
district shall be part of the Covenants, Codes and Restrictions of the project and shall be
reviewed and approved by the City Attorney prior to approval of the final map.
B. The applicant shall record a maintenance agreement subject to the approval of the City
Attorney for the maintenance of the shared driveways by the property owners of each of
the lots.
15. GROUND FLOOR RETAIL
Prior to issuance of building permits, the applicant shall demonstrate the ground floor retail
functionality for buildings proposed at heights over 45 feet in accordance with the City's
General Plan, to the satisfaction of the Director of Community Development. The ground
floor retail shall be connected to the building and be of substantial and appropriate size to
accommodate the functionality of retail uses. The building frontages of all buildings facing
the town square, except for the athletic club and hotel shall have ground floor retail.
However, the athletic club and hotel must provide active ground floor uses facing the town
square.
16. DISCLOS[TRE CLAUSE TO THE FUTURE PROPERTY OWNERS
The applicant/developer shall inform the future owners through the Covenants, Conditions
and Restrictions (CC&Rs) as well as other documentation of the surrounding projects and
that the development site is under a Cupertino Planned Development zoning. Property
purchaser shall check with the City to determine the specific restrictions under the Planned
Development zone and related permits. The CC&R language incorporating this requirement
shall be reviewed and approved by the City prior to issuance of building permits.
17. BELOW MARKET RATE HOUSING PROGRAM
For residential units, the applicant shall comply with the requirements in the City's Below
Market Rate (BMR) Housing program. For alternatives to these requirements, the applicant
may request the Housing Commission to recommend alternatives to the City Council to
meet these requirements. For dedication of any housing units at below market rates, the
applicant shall record a covenant, which shall be subject to review and approval by the City
Attorney, to be recorded prior to issuance of building permits for the planned senior housing
building. BMR fees shall be paid prior to issuance of building permits.
18. HOUSING MITIGATION FEES
Prior to issuance of building permits, the applicant shall provide the required housing
mitigation fees for the commercial, office and hotel development on the project site.
19. MAXIMUM LENGTH OF HOTEL STAYS
Hotel stays shall be limited to a maximum of 30 days per reservation.
20. ADDENDUM TO THE PREVIOUSLY-APPROVED EIR AND THE MITIGATION
MONITORING AND REPORTING PROGRAM
The project shall implement all of the mitigation measures identified in the Mitigation
Monitoring and Reporting Program (MMRP) dated March 2012 as identified in the 2009
Final EIR and as modified by the 2012 Addendum to the Final EIR.
May 17, 2412 Page 8
21. DEVELOPMENT ALLOCATION
Use 2009 Master 2012 Modified Master Use 2012 Modified Master Use Permit
Use Permit Permit Additional Allocations Needed
Allocations (Scheme lA)
Granted
Retail Up to 150,000 s Up to 138,700 square No additional allocation is neede
from the Vallco Any credits can be done
Park Sotcth after Cotcncil approva�
retail
commercial
allocation
Office 100,000 sf from 289,750 sf 189,750 sf additional from th e
the N. De Anza Major Companies allocation
Boulevard pc�rsc�ant to Condition No. 4
o cce allocation
Hotel Up to 250 room Up to 250 rooms No additional allocation needed
from the
Citywide Hotel
allocation
ISenior 160 irnits from 143 senior condominic�m No additional allocation needed
Housing the Vallco Park housing units for the143 senior housing units
South
residential
allocation
Athletic 145,000 sf 60,000 sf(included in the No additional allocation needed.
ciccb (equivalent of retait calct�lation above).
98,800 sf of
retail
commercial
allocation.
81,270 sf from
Vallco Park
South
allocation and
17,530 sf from
Heart of the
Ci allocation)
The applicant shall receive an allocation of up to 138,700 square feet of retail commercial
square footage from the Vallco Park South retail commercial allocation area; up to 60,000
square feet of commercial for the athletic club and/or retail commercial square footage from
the Vallco Park South and Heart of the City retail commercial allocation areas; 143 senior
age-restricted condominium housing units from the Vallco Park South residential allocation;
up to 250 hotel rooms from the Citywide Hotel allocation; and 289,750 square feet for major
office.
May 17, 2012 Page 9
22. CONSTRUCTION PROJECT PHASING
Prior to issuance of grading and/or building permits, the applicant shall prepare a
construction phasing schedule, demonstrating completion of the project within 5 years of
this approval. The construction phasing schedule shall detail critical milestones of the
construction. Critical milestones of the construction shall include but not be limited to the
following:
a. The town square, the two office buildings, the parking garage, the hotel, retail shops 1-7
and retail pads 1-3 fronting Stevens Creek Boulevard and in town square, the street and
pedestrian infrastructure around these portions of the project site, and sufficient parking
to support these uses, shall be constructed together as part of the first development
phase, if the project is developed in phases.
b. The .75 acre park, senior housing building, retail shop 8 and the 60,000 square foot
athletic club and/or additional retail shop area will be developed in Phase II. The park,
however, may be developed as part of Phase I. If the park is not developed as part of
Phase I, the applicant will be required to provide a security deposit in the amount of
$1.125 million (prior to the occupancy of the last building developed in Phase I).
c. Adequate parking shall be provided on the project site during the phased development of
the project. The applicant will be required to demonstrate to the satisfaction of the
Director of Community Development that adequate parking is provided for the
development of each building on site.
23. GRADING AND CONSTRUCTION HOURS
All grading activities shall be limited to the dry season (April 15 to October 15). Grading
hours shall be limited to Monday through Friday, 7 a.m. to 8 p.m. Grading, street
construction, demolition or underground utility work shall not occur on Saturdays, Sundays
and holidays, and during the nighttime period as defined in Section 10.48.053(b) of the
Municipal Code. Construction activities shall be limited to Monday through Friday, 7 a.m.
to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays. The developer shall be responsible for educating all contractors and
subcontractors of said construction restrictions. Rules and regulation pertaining to all
construction activities and limitations identified in this permit, along with the name and
telephone number of a developer appointed disturbance coordinator, shall be posted in a
prominent location at the entrance to the job site. The applicant shall comply with the above
grading and construction hour requirements unless otherwise indicated in the mitigation
measures identified in the Mitigation Monitoring and Reporting Program (MMRP) dated
March 2012 as identified in the 2009 Final EIR and as modified by the 2012 Addendum to
the Final EIR.
24. PARKING
The applicant shall comply with the minimum parking requirements for the project per the
Main Street Cupertino Revised Site Access and Parking Analysis prepared by Fehr and
Peers on March 2, 2012. The applicant shall also comply with the swales and permeable
surfaces requirement) of the City's Parking Regulations. Adjustments to the parking plan
may be permitted based on the final app.roved tenanting and land use program as long as
there are no additional parking and traffic impacts as det�rmined by the Director of
Community Development.
May 17, 2012 Page 10
25. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in
accordance with the City's Parking Regulations under Chapter 19.124 of the Cupertino
Municipal Code.
26. PARHING LOT LIGHTING
Lighting in the parking lots shall be approved by the Director of Community Development
for compliance with applicable regulations prior to issuance of building permits.
27. BUILDING PERMIT APPROVAL
The Director of Community Development shall review the final building permits for full
conformance with the Master Use Permit approval and the Architectural and Site Approval
for each building prior to issuance of building permits for each building.
28. SIDEWALKS/CROSSWALKS
a. The final sidewalk/street frontage plan shall be required to be reviewed and approved by
the City prior to the final map, and shall match the guidelines of the South Vallco
Master Plan and be consistent with the sidewalk/street frontage plan for the adjacent
Rosebowl mixed use development.
b. The applicant shall provide decorative crosswalks with colored andlor stamped asphalt
pavement across Vallco Parkway, N. Tantau Avenue and Stevens Creek Boulevard. The
decorative pavement materials shall be reviewed and approved by the Director of
Community Development and the Public Works Department, and shall be consistent
with the recommendation of the traffic analysis prepared by Fehr and Peers in the
Transportation Impact Analysis dated September 5, 2008 on p. 48.
29. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City's Sign
Ordinance, Heart of the City Specific Plan and South Vallco Master Plan. Prior to final
occupancy and approval of any individual signs on site, a detailed master sign program shall
be submitted for review and approval in accordance with the City's Sign Ordinance.
30. ARCHITECTURAL AND SITE APPROVAL
A. The buildings, site development and architecture shall substantially conform to the site
plan, elevations and details as shown in the approved exhibits, unless otherwise noted
below. Prior to issuance of building permits, the applicant shall be required to obtain
approval of a separate Architectural and Site Approval application for each of the
buildings by the Design Review Committee; each Architectural and Site Approval
application shall provide a detailed site plan, full elevations (all four sides), floor plans
and any other details as required for Architectural and Site Approval applications.
Building colors and materials shall be reviewed and approved in conjunction with the
Architectural and Site Approval. Minor amendments to approved Architectural and Site
Approvals for buildings and/or the site plan, including minor changes to the layout of the
site plan, may be reviewed and approved by the Director of Community Development.
B. The applicant shall provide the following additional modifications and enhancements to
the plan prior to issuance of building permits (including recommendations referenced by
May 17, 2012 Page 11
the City's Architectural Advisor on February 20, 2012 in Attachment 11 & 16 or as
amended by the Planning Commission):
Town Square
1. The town square area shall be designed as a "flexible" public space that may be
expanded or shifted by the temporary closure of one or more of the surrounding
publicly accessible streets.
2. In order to allow for a seamless expansion or shifting of the future pedestrian
activities, the town square area will be developed to be flush with the grade of the
surrounding street system. The Director of Community Development may approve
other similar details deemed to be consistent with the intent of this condition.
3. The applicant shall provide decorative semi-pervious pavements or similar
treatments in the town square and plaza areas to the satisfaction of the Director of
Community Development.
4. Parking on the circular street system shall be delineated by decorative semi-pervious
paving or other similar treatments as deemed to be appropriate by the Director of
Community Development.
5. Final design and landscape of the town square area shall be reviewed and approved
by the Director of Community Development.
6. Temporary closure of any portion of the private drive streets, including methods
used to temporarily close the street(s), will require approval from the Director of
Public Works.
Office Buildin�s
Architectural enhancements to the building shall be incorporated including the
following:
a. Enhance tower entry features with details and design features (particularly the
central tower entry facing Stevens Creek Boulevard) and project the towers out
and upward from the main bulk of the building.
b. Provide prominent architectural design enhancements to emphasize the
importance of this corner as the eastern gateway entry to the City, including
identifiable street frontage public entrances along Stevens Creek Boulevard and
N. Tantau Avenue, glass store fronts and corner site features.
c. Provide horizontal elements to the building design to reduce the verticality of the
building frontages along Stevens Creek Boulevard and N. Tantau Avenue.
d. Provide deep recessed windows.
e. Unify the variety of building forms �vith more closely related and toned down
color tones.
f. Add ground floor space as an "arcade-like" element along Stevens Creek
Boulevard and around the corners at the easterly Main Street drive entry and a N.
Tantau.
Hotel
1. Provide additional variation in height and wall articulations, such as larger roof eave
overhangs with additional fa�ade depth and architectural detail and variety in roof
eave heights, to minimize the verticality, bulk and box-like shape of the building.
2. Enhance architectural detailing on the building that is in scale with the building.
3. Provide deep recessed windo�vs to provide depth to the building fa�ade.
May 17,2012 Page 12
4. Increase the horizontal elements of the fa�ade.
5. Add patio space (seating) at the corner of Vallco Parkway and Finch Avenue to
enliven the streetscape and entry to the site.
6. Provide additional architectural pedestrian-scale detailing of the ground floor
treatment of the building, including along town square, Vallco Parkway, and the
pedestrian area leading to the garage.
7. Tone down the contrast in exterior colors and provide colors that will complement
the colors used within the development.
8. Provide an outdoor dining terrace along the frontages of the restaurant facing town
square.
Retail Buildin�s
1. Revise the architectural design of the retail pad building(s) in town square from an
agrarian look to a park pavilion/kiosk style architecture with greater storefront
glazing and sophistication.
2. Provide active storefront pedestrian entries on all retail shops facing Stevens Creek
Boulevard.
Auto Court/Parkin� Gara�e
1. Provide flexibility by allowing the applicant to explore an alternate plan for an
underground parking garage for the office buildings and construct a street-level auto
court/plaza facing Vallco Parkway, or other alternate plans that would allow for
additional retail along the Stevens Creek frontage.
2. The parking garage shall be designed and constructed to allow for the option of
facilitating up to 9,000 square feet of retail spaces with store front windows along
Vallco Parkway. Alternatively, the applicant may locate the 9,000 square foot of
retail along the southern end of the parking gaxage facing the interior driveway and
the retail pads along Stevens Creek Boulevard.
3. The parking garage shall provide architectural details and provide features along the
ground floor facing Vallco Parkway to promote pedestrian orientation along the
street.
Athletic Club
1. The final design and layout of the athletic club shall provide an appropriate amount
of building frontage and features to activate the pedestrian activities along the town
square as opposed to swimming pool or open yard.
Street Furniture
The applicant shall provide street furniture and pedestrian amenities along Stevens
Creek Boulevard and Vallco Parkway. Prior to the issuance of building permits for
Phase 1 of the project, the street furniture shall be reviewed and approved by the Design
Review Committee.
31. GATEWAY ENTRY
The applicant shall be required to construct and install a gateway entry feature on the
northwest corner of Stevens Creek Boulevard and N. Tantau Avenue that will be consistent
with the policies of the General Plan and South Vallco Master Plan. The gateway entry
feature shall be a prominent design that may fulfill the public art requirement and could
May 1'7, 2012 Page 13
include a decorative monument feature that spans over Stevens Creek Boulevard, or vertical
structural elements on both sides of Stevens Creek Boulevard and on the median to
announce entry. Also, this corner shall include a community banner and enhanced
pedestrian crossings that may include crosswalk lighting, special paving materials and/or
prominent art or architectural feature announcing the entry to the City, such as a wrought
iron element, subject to review and approval by the City Council.
32. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Director of Community Development prior to issuance of building permits
for the building, portion of development, and/or phase of development for which building
permit applications have been submitted. The landscape plan shall provide the following
prior to issuance of building permits:
a. Water conservation and pesticide reduction measures and requirements in conformance
with Chapter 14.15, Landscape Ordinance, and the pesticide control measures referenced
in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the
Cupertino Municipal Code.
b. A full landscape project submittal per section 14.15.040 of the Landscaping Ordinance.
The Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and
Irrigation Design Plans, and Water Budget Calculations shall be reviewed and approved
to the satisfaction of the Director of Community Development prior to issuance of
building permits.
c. Landscaping along Stevens Creek Boulevard and N. Tantau Avenue in accordance with
the streetscape design requirements of the Heart of the City Specific Plan.
d. Planting of two specimen oak trees flanking the driveway entrances to the development
along Stevens Creek Boulevard as replacements for the removal of the existing dead
� specimen oak tree.
e. Existing and Ash trees along Vallco Parkway shall be retained to the maximum possible
as determined by the City Arborist.
33. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC,
Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irrigation system have been installed. The findings of
the assessment shall be consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm
that the landscaping and irrigation system are installed as specified in the landscape and
irrigation design plan, system tune-up, system test with distribution uniformity, reporting
overspray or run-off that causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan
and complies with the criteria of the ordinance and the permit."
34. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be
established and submitted to the Director of Community Development or his/her designee,
May 17, 2012 Page 14
either with the landscape application package, with the landscape installation report, or any
time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment
period and water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustment and repair of the irrigation system; aerating and de-
thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants;
weeding; pest control; and removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may
be size-adjusted as appropriate for the stage of growth of the overall installation.
Failing plants shall either be replaced or be revived through appropriate adjustments in
water, nutrients, pest control or other factors as recommended by a landscaping
professional.
35. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture,
infiltration rate, pH, soluble salt content, percent organic matter, etc) and provide
recommendations for amendments as appropriate to optimize the productivity and water
efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the landscape
and imgation design plans in a timely manner either before or during the design process. A
copy of the soils analysis report shall be submitted to the Director of Community
Development as part of the landscape documentation package.
36. LANDSCAPE AND IRRIGATION MAINTENANCE AGREEMENT
Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a
formal written landscape maintenance agreement with the City. The City shall record this
agreement, against the property or properties involved, with the County of Santa Clara
Recorder's Office and it shall be binding on all subsequent owners of land served by the
proposed landscape. The landscape maintenance agreement shall require that modifications
and maintenance activities not alter the level of water efficiency of the landscape from its
original design, unless approved by the City prior to the commencement of the proposed
modification or maintenance activity.
37. TREE REMOVAL
a. The applicant is approved to remove a total of 61 trees and relocate 17 trees on site in
accordance with the City Arborist's report prepared by David Babby and dated April 30,
2008. Although the applicant is requesting approval to remove these trees in accordance
with the City Arborist's recommendation, the intent is to retain as many of the existing
perimeter street trees for the remaining life of such trees where they are not considered
dead or do not require immediate removal.
b. The applicant shall be required to replace the Aleppo Pine tree (Tree No. 113) that was
removed in accordance with the City's Protected Trees Ordinance (Chapter 14.18 of the
Cupertino Municipal Code).
May 17, 2012 Page 15
c. For any trees that are removed due to hazardous conditions, are considered dead, or die
as a result of relocation, the applicant shall be required to obtain a tree removal permit
and replace these trees in accordance with the City's Protected Trees Ordinance.
d. For any trees that require removal due to construction plan drawing changes and/or
construction activity, the applicant shall obtain a tree removal permit in accordance with
the Protected Trees Ordinance.
e. The Director of Community Development may review and approve further refinements
to the tree removal and planting plan based on the approved final land use program for
the center provided that there are no significant environmental or visual impacts.
38. TREE REPLACEMENTS
Final approval of the required tree replacements shall be reviewed and approved by the
Director of Community Development in accordance with the City's Protected Trees
Ordinance. The applicant may be able to reduce the number of replacement trees on site, if
larger size trees are proposed, in accordance with the tree replacement standards of the
ordinance. For any additional trees that are removed due to hazardous conditions or are
considered dead, the applicant shall be required to obtain a tree removal permit and replace
these trees in accordance with the Protected Trees Ordinance. Species and size of
replacement trees shall be reviewed and approved by the Community Development Director.
39. TREE PROTECTION
As part of the building permit drawings, a tree protection plan shall be prepared by a
certified arborist for the trees to be retained. The applicant shall be required to install tree
protection measures before and during development in accordance with the City Arborist's
report dated April 30, 2008, and in accordance with requirements of the Public Works
Department for the preservation of existing street trees. In addition, the following measures
shall be added to the protection plan:
A. For trees to be retained, chain link fencing and other root protection shall be installed
around the dripline of the tree prior to any project site work.
B. No parking or vehicle parking shall be allowed under root zones, unless using buffers
approved by the project arborist.
C. No trenching within the critical root zone area is allowed. If trenching is needed in the
vicinity of trees to be retained, the City Arborist shall be consulted before any trenching
or root cutting beneath the dripline of the tree.
D. Tree protection conditions shall be posted on the tree protection barriers.
E. Retained trees shall be watered to maintain them in good health.
40. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in an amount determined by the City
Arborist to ensure protection of trees slated for preservation prior to issuance of grading,
demolition or building permits. The bond shall be returned after completion of construction,
subject to a letter from the City Arborist indicating that the trees are in good condition.
41. TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee in accordance with the City's Protected Trees
Ordinance for any trees that cannot be replaced on site.
May 17, 2012 Page 16
42. HEART OF THE CITY DESIGN GUIDELINES
A. The project shall comply with the Heart of the City Specific Plan development standards
and design guidelines in effect at the time of project approval.
B. If any portions of the buildings on the Master Use Permit site plan do not meet the
minimum setbacks per the Heart of the Ciry Specific Plan, the applicant must either
modify the building setback or obtain approval of an Exception application to the Heart
of the City Specific Plan.
43. SOUTH VALLCO MASTER PLAN
The project shall comply with the South Vallco Master Plan. Prior to release of building
permits for Phase 1 of the project, the final boulevard plan along Vallco Parkway shall be
reviewed and approved by the Director of Community Development. The applicant shall
make reasonable efforts to contact adjacent property owners to show improvement plans
including, but not limited to the specific lighting, sidewalk furniture, and landscaping
treatments to be consistent with the vision of the South Vallco Master Plan.
44. CREEK TRAIL IMPROVEMENTS
The applicant shall contribute an amount not to exceed $65,000 to the improvements of a
trail connection along Calabazas Creek from Vallco Parkway to I-280. This contribution
shall be used by the City to administer a creek trail plan and necessary approvals and
improvements. If this fund is not used within five years of the project completion, then it
shall be returned to the applicant.
45. PARK AREA ALONG METROPOLITAN
A 0.75 acre park area shall be maintained along the western property line adjacent to the
Metropolitan mixed-use development. The location of the park and senior housing shall be
flipped to allow the park to be more internally located within the development and the
senior housing to more closely face Stevens Creek Boulevard. Additionally, a retail building
shall front Stevens Creek Boulevard in front of the senior housing with surface parking
between. The design of the park area, shall include but not be limited to passive recreation
apparatuses, such as a tot lot and sitting areas. The Parks and Recreation Commission shall
review the park design and shall refer its recommendation to the City Council for review
and approval. The linear green space park buffer parallel to the eastern property line of the
Metropolitan mixed use development shall be installed prior to issuance of building
occupancy of any building constructed adjacent to this property line.
46. SECURITY PLAN FOR PARKING GARAGE
The applicant shall develop a comprehensive private security plan for the entire
development encompassing patrol hours, manning levels and frequency, closed circuit
cameras in the parking garage, and adequate lighting levels. The plan shall be prepared by
the applicant and approved by the Sherif�s Department prior to final occupancy.
47. PARHING GARAGE NOISE MITIGATION
The parking garage floors shall be treated/coated with materials as deemed appropriate by
the City to lessen the noise impacts of vehicle movements.
May 17, 2012 Page 17
48. RESTAURANT ODOR ABATEMENT
All restaurants shall install odor abatement systems to be incorporated into the air handling
systems to reduce the odor impact from the restaurants to the adjacent community. Detailed
plans shall be reviewed and approved by the Community Development Department prior to
issuance of building permits.
49. SCREENING
All mechanical and other equipment on the buildings and site shall be screened so they are
not visible from public street areas or adjoining developments. Screening materials/colors
shall match building features and materials. The height of the screening shall be taller than
the height of the mechanical equipment that it is designed to screen. The location of
equipment and necessary screening shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
50. TRASH AND DELIVERY ACTIVITIES
C. A detailed refuge and truck delivery plan must be prepared by the applicant. The plan
shall specify locations of trash facilities, refuge pick up schedules and truck delivery
schedules and routes. All trash facilities must be screened and enclosed to the
satisfaction of the Public Works Department. The final plan shall be submitted to the
City for review and approval prior to issuance of building permits.
D. All deliveries shall comply with the mitigation measures provided in the Mitigation
Monitoring and Reporting Program prepared by David J. Powers and Associates dated
January 2009, except as may be modified by the 2012 Addendum to the Final
Environmental Impact Report (EIR).
51. CONSTRUCTION MANAGEMENT MEETING
Prior to commencement of construction activities, the applicant shall arrange for a pre-
construction meeting with the pertinent departments (Building, Planning, and Public Works)
to review the applicant-prepared construction management plan.
52. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff
prior to issuance of building permits. During Phase 1 and 2 of the construction, staging of
construction and equipment shall occur as far away from any residential property as
possible. The applicant shall also provide a construction manager hotline phone number for
residents of the adjacent Metropolitan condominium complex to call for construction related
activities on the project site. The hotline number shall also be poste� on the project site and
at the Metropolitan condominium complex. Said construction management plan shall also
provide the following:
A. Construction Vehicle Access and Routing
B. Construction Equipment Staging Area
C. Dust Control (Best Management Practices)
D. Hours of Operation
E. Street Cleaning Schedule and Program
May 17, 2012 Page 18
53. DUST CONTROL
The following construction practices shall be implemented during all phases of construction
for the proposed project to prevent visible dust emissions from leaving the site:
a) Water all active construction areas at least twice daily and more often during windy
periods to prevent visible dust from leaving the site; active areas adjacent to windy
periods; active areas adjacent to existing land uses shall be kept damp at all times, or
shall be treated with non-toxic stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sarid and other loose materials or require all trucks to
maintain at least 2 feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction site.
d) Sweep streets daily, or more often if necessary (with water sweepers) if visible soil
material is carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best management practices into
the building permit plan set.
� The applicant shall comply with the above dust control requirements unless otherwise
indicated in the mitigation measures identified in the Mitigation Monitoring and
Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final EIR and
as modified by the 2012 Addendum to the Final EIR.
54. NOISE MITIGATION
The project and retail operations shall comply with the City's Community Noise Control
Ordinance (Chapter 10.48 of the CMC), unless otherwise indicated in the mitigation
measures identified in the Mitigation Monitoring and Reporting Program (MMRP) dated
March 2012 as identified in the 2009 Final EIR and as modified by the 2012 Addendum to
the Final EIR. In addition, the following mitigation measures shall be taken in order to
reduce noise event impacts to nearby receptor areas:
a) Delivery trucks shall be turned off while unloading products at the loading dock.
b) Construction equipment shall be have quiet design features, be well-maintained, and
have a high quality muffler system.
c) Temporary plywood enclosures shall be erected around stationary equipment that
produces excessive noise at nearby receptors.
d) Unnecessary idling of machines when not in use shall be prohibited.
e) Good maintenance and lubrication procedures shall be used to reduce operating noise.
55. GREEN BUILDING
The applicant shall obtain LEED certification designation for the hotel, office and senior
housing buildings in accordance with the U.S. Green Building Council standards and the
City's Green Building policies. The applicant shall also design the athletic club (if
developed) and retail buildings to LEED certification standards, but will not be required to
certify these buildings as LEED certified. The applicant shall also provide solar hot water
heating for any pools provided on the project site.
56. TRANSPORTATION DEMAND MANAGEMENT
The applicant shall commit to implementing a transportation demand management (TDM)
plan incorporating solutions as indicated in the mitigation measures identified in the
Mitigation Monitoring and Reporting Program (MMRP) dated March 2012 as identified in
May 17, 2012 Page 19
the 2009 Final EIR and as modified by the 2012 Addendum to the Final EIR, that may
include parking cash-out and eco passes for employees, valet for customers and off-site
parking options. The TDM plan including the projected funding shall be reviewed and
approved by the Director of Community Development Director prior to issuance of building
permits.
57. UTILITY STRUCTURES
All new utility structures shall be located underground or screened from public view to the
satisfaction of the Director of Community Development and Public Works.
58. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible
subject to the Building Official and shall meet the mandatory requirements of the Cal Green
Building Code. The applicant shall provide evidence that materials will be recycled prior to
issuance of final demolition permits.
59. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard
to the proposed project for additional conditions and requirements. Any misrepresentation
of any submitted data may invalidate an approval by the Community Development
Department.
60. 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 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.
61. PUBLIC ART
The applicant shall provide public art in accordance with General Plan policy 2- 66.
Public art shall be installed on the project site prior to final occupancy of the last
building completed in the first phase. The public art shall be valued at a minimum of
one-quarter percent (1/4%) of the total project budget, not to exceed $100,000. The
applicant shall submit a public art plan to be reviewed by the Fine Arts Commission
prior to installation of the public art.
May 17, 2012 Page 20
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
These conclitions are not intended to be exhaacstive. Additional conditions may need to be
addressed,prior to isszcance of a building permit, based on potential modifications to the site's
icsage and/or layout.
62. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
63. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
64. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximum height permitted by the zone
in which the site is located.
65. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
66. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required.
Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as
appropriate.
67. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and
post-development hydraulic calculations must be provided to indicate whether additional
storm water control measures are to be constructed or renovated. The storm drain system
may include, but is not limited to, subsurface storage of peak stormwater flows (as needed),
low impact development facilities, or other approved means, to reduce the amount of runoff
from the site and to improve storm water quality. The storm drain system shall be designed
to detain water on-site (e.g., via buried pipes or storage structures) as necessary to avoid an
increase of one percent flood water surface elevation of the culvert to the satisfaction of the
City Engineer. Any storm water overflows or surface sheeting should be directed away
from neighboring private properties and to the public right of way as much as reasonably
possible. Hydro-modification measures may be required as directed by the Municipal
Regional Permit.
68. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices. The
May 17, 2012 Page 21
developer shall submit detailed plans showing utility underground provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the City Engineer.
69. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees,
storm drain fees, park dedication fees and fees for under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits
Fees:
a. Checking & Inspection Fees: 6% of Off-Site Improvement Cost or
$4,101.00 minimum �
b. Grading Permit: 6% of Site Improvement Cost or
$2,387.00 minimum
c. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee: $ TBD
e. Power Cost: **
f. Map Checking Fees: $8,052.00
g. Park Fees: $ per Municipal Code
(or an equivalent park land dedication)
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
-The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of recordation
of a final map or issuance of a building pertnit in the event of said change or changes, the
fees changed at that time will reflect the then current fee schedule.
70. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures
shall be screened with fencing and landscaping or located underground such that said
equipment is not visible from public street areas. The transformer shall not be located in the
front or side building setback area.
71. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be included in
grading and street improvement plans.
May 17, 2012 Page 22
72. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with California Water Services Company for water
service to the subject development.
73. NPDES CONSTRUCTION GENERAL PERMIT
The developer must obtain a Notice of Intent (NOI) from the State Water Resources Control
Board, which encompasses preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMPs) to control storm water
runoff quality, and BMP inspection and maintenance.
74. C.3 REQUIREMENTS
The developer shall reserve a minimum of 4% of developable surface area for the placement
of low impact development measures, for storm water treatment, on the tentative map,
unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved
by the City Engineer.
The developer must include the use and maintenance of site design, source control and
storm water treatment Best Management Practices (BMPs), which must be designed per
approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities
Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and
certification of ongoing operation and maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City approved
third party reviewer.
75. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture
trash from the onsite storm drain before the storm water reaches the City owned storm drain
system. A full capture system or device is a single device or series of devices that traps all
particles retained by a 5 mm mesh screen and has a design treatment capacity of not less
than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area
(see the Municipal Regional Permit section C.10 for further information/requirements).
76. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain materials on
site. Erosion control notes shall be stated on the plans.
77. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
78. TRAFFIC SIGNAL IMPROVEMENTS
The developer shall agree to fund up to $300,000 for the purpose of installing a traffic signal
at Finch Avenue and Vallco Parkway as well as for making traffic signal improvements at
the Stevens Creek Boulevard and Tantau Ave intersection. The developer shall also submit
a bond for this purpose which will be released 5 years from the date of project occupancy.
May 17, 2012 Page 23
79. TRAFFIC MITIGATION AT WOLFE ROAD AND VALLCO PARKWAY
The developer shall mitigate for traffic impacts at Vallco Parkway and Wolfe Road by
implementing one of the options stated in the Environmental Impact Report for Main Street
Cupertino per the approval of the City Engineer.
80. TRAFFIC MITIGATION AT HOMESTEAD ROAD & LAWRENCE
EXPRESSWAY
The developer shall agree to submit their fair-share cost of up to $400,000 to improve
Homestead Road at Lawrence Expressway according to the direction of the City Engineer.
The fair-share contribution to the County will be dependent on the amount of traffic
generated by the approved Plan. In the event that a Plan is approved that has reduced traffic
impacts, the same formula would be used (calculating the percentage of traffic the project is
adding to total growth between background and cumulative conditions). The cost shall be
submitted to the County of Santa Clara in the form of a bond or cash deposit prior to the
City issuing building permits, with the proviso that the funds be committed to this specific
improvement in accordance of section 66000 et. seq. of the California Government Code.
81. PUBLIC ACCESS EASEMENT
The Developer shall provide, to the satisfaction of the City Engineer, a public access
easement across the site, over the park and over the town center. The easement shall link
Stevens Creek Boulevard with Vallco Parkway, the park and the town center. Public access
easements shall include access for both vehicular and pedestrian travel, and shall be shown
and recorded on the Final Map. Public access areas may not be closed off without the
consent and approval of the Public Works Department, and shall be governed by the Joint
Use Agreement recorded within the project's Covenants, Conditions and Restrictions
(CC&R's).
82. PEDESTRIAN IMPROVEMENTS
The developer shall provide pedestrian improvements along the property frontage, including
crosswalk improvements at adjoining intersections. Final crosswalk improvement plan shall
be reviewed and approved by the City Engineer.
83. BUS STOP LOCATION
The developer shall improve bus stops on Stevens Creek Boulevard to the satisfaction of the
City Engineer; this may include consistent shelters for the bus stops, but will not include
duck outs or relocation of the bus stops.
84. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be
approved by the City. The plan shall include a temporary traffic control plan for�vork in the
right of way as well as a routing plan for all vehicles used during construction. All traffic
control signs must be reviewed and approved by the City prior to commencement of work.
The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for
all signage and striping work throughout the City.
85. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
May 17, 2012 Page 24
86. TRAFFIC CALMING
The developer shall agree to fund up to $100,000 for the purpose of mitigating traffic
impacts in the adjacent neighborhoods resulting from the project for a period of 5 years
following project occupancy. T'he developer shall submit a bond for this purpose which will
be released 5 years from the date of project occupancy.
87. EMERGENCY VEHICLE PREEMPTION FUND
The Developer is required to pay $15,000.00 to fund three Emergency Vehicle Preemption
devices for traffic signals at the adjacent intersections.
88. BICYCLE PARKING
The developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
89. OPERATIONS & MAINTENANCE AGREEMENT
The developer shall enter into an Operations & Maintenance Agreement with the City prior
to final occupancy. The Agreement shall include the operation and maintenance for non-
standard appurtenances in the public road right-of-way that may include, but is not limited
to, sidewalk, pavers, and street lights.
90. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager. Clearance by the Public Works Department is needed prior to obtaining
a building permit.
91. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards
to refuse truck access for the proposed development.
92. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type approved
by the City in accordance with Ordinance No. 125.
93. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
94. SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara water district approval before recordation of the final map. The
developer shall pay for and obtain Water District permit for activities or modifications
within the District easement or fee right of way or affecting District facilities.
95. STREAMSIDE PERMIT
Prior to issuance of a building permit, the developer shall provide plans and information that
satisfies the requirements of the Stream Side Permit as set forth by the Santa Clara Valley
Water Resources Protection Collaborative. These items include, but are not limited to,
topographic survey, specific measures to protect streams and/or waterbodies from water
quality impacts, coordination with all interested jurisdictional agencies, etc.
May 17, 2012 Page 25
96. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
97. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits.
98. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E,
PacBell, and California Water Company, and/or equivalent agencies) will be required prior
to issuance of building permits.
99. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval before recordation of the final map.
Unless amended above, the Architectural Site (ASA-2008-06) conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXI3IBITS
The approval is based on Exhibits titled: "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 LZ.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 �vritten 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 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�vill be legally barred from later challenging such exactions.
May 17, 2012 Page 26 .
Unless amended above, the Tentative Map (TM-2011-04) conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "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 ASA-2011-24 shall be
applicable to this approval.
3. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OT�IER 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 Govemment 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.
Please review the conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
The conditions of project approval set forth herein niay incltcde certain fees, dedication
reqccirements, resef-vation reqi�irements, and other exactions. Ptcrst�ant to Government Code
Section 66020(d)(1), these conditions constitc�te written notice of a statement of the amoacnt of
such fees, and a description of the dedications, reservations, and other exactions. Yoa� are
hereby fi�rther notified that the 90-day approval period in which yoa� may protest these fees,
dedications, and other exactions,pacrsacant to Government Code Section 66020(a), hcrs begien. If
yoa� fail to file a protest within this 90-day period complying with all of the reqccirements of
Section 66020,yocr will be legally barred from later challenging sacch exactions.
Any interested person, incltrding the applicant, prior to seeking judicial review of the city
council's decision in this matter, mccst fcrst file a petition for reconsiderc�tion with the city clerk
within ten days after the council's decision. Any petition so filed ma�st cornply with marnicipal
ordinance code�2.08.096.
This letter will serve as your final Permit.
May 17, 2012 Page 27
Sincerely,
tl`�`
Grace Schmidt
City Clerk
cc: Community Development
500 Forbes, LLC
Attn: Kevin Dare
203 Redwood Shores Pkwy#200
Redwood City, CA 94065
R.ESOLUTION NO. 12-055
OF THE CITY COUNCIL OF THE CITY OF CUP�RTINO
APPROVING A SITE AND ARCHITECTURAL APPROVAL FOR RETAIL BUILDINGS Z
THROUGH S, RETAIL PAD 3 AND A FIVE STORY, 1�Q-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 4F FINCH AVENUE)
AND N. TANTAU AVENUE, SOUTH 4F VALLCO PARKWAY
IDENTiFIED BY APNS 316-20-085, 316-20-078 AND 316-20-079
SECTION L PROJECT DESCRIPTION
Application No.; ASA-2411-24
Applicant: Kevin Dare
Property Owner: 500 Forbes, LLC
Location; North of Stevens Creek Boulevard between Finch Avenue (including the both sides
of Finch Avenue) and N. Tantau Avenue, soutia of Vallco Parlcway
{APNs 316-20-085, 3 i 6-20-078 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, 184-roorn
hotel, 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 and City Council have taeld one or more public
hearings on ihis matter; and
WHI3R.�AS, a�i Addendum to the 2009 Final �nvironmental Impact Report was prepared to adequately
address the environmental review of the proposed application in accordance with the California
Environmental Quality Act (CEQA); and
WH�REAS, the applicant l�.as met the burden of praof required to support said applicatzota; and has
satisfied the following requirements:
1} The proposed project, at the proposed location, will ��ot be detrimental or injurious to propei-ty 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 A.rchitectural and Site Review Chapie:r of the
Cupertino Municipal Code, and camplies 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 S�uth Vallco Master Plan; and " _
4) The proposed development is consistent with the Heart of the City Speci£'ic Plan.
NOW, THEREI'ORE, BE IT RESOLVED:
�� �-.-..�.rn.. .-�� ..
Resolulion No. 12-055
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application �Por Architectural and Site Approval, is hereby approved, subject to thc conditions
which a.re enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditians specified in this resolution are based ancl
contained in the public hearing record concerning Application No. ASA-2011-24 as set forth in tile
Minittes of the City Council Meetiing of May 15, 2012, and are incorporated by refer�nce as though fully
set fortl� herein,
S�CTION TII: CONDITIONS ADMINTSTER�D BY THE COMMUNITY DEVELOPMENT DEPT
1, APPROVED EXHIBITS '
The approval is for pption A(1}-2 based on Exhibits titled: "Main Street Cupertino, Sand Hill �
1'roperty Company, Cupertino, California" consisting of 79 pages, dated May 4, 2012, labeled i
Option A(1)-2, Title Sheet, AO through A14, A2.0 through A2.18, H-01 thrau�h H-O5, C0.0 '
tluough C6.5, a.nd L2.1 through L2.10, except as may be amended by tl�e conditions contained in '
this resolution.
i
2. CONCURRENT APl'ROVAL CONDTTIONS
The candiiions of approval conta.ined in file nos. M-2a11-09 and TM-2011-04 sl�all be applicable ;
� to this approval. :
, 3. NOTICE OF FE�S,DEllICATIONS,RESERVATIONS OR OTH�R EXACTIONS
The Conditions pf Project Approval set forth herein may include certain fees, cledication
' requirem�nts, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Coi�ditions constitute written notice of a statement of the amount of
such tees, and a description of the dedications, reservations, and ather exactions. Yau 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 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 sucl� exactions.
� PASSED AND ADOPTED at a regular meeting of the City Council af the City of Cupertino this 15`�' da��
of May, 2Q12, by the following vote;
Vote Members of the Citv Council
AYES: Santoro, Mahoney, Chang, Sinlfs, Wong
NOES: None
ABSENT: None
ABSTAIN; None
ATTEST; APPROVED:
��C����11J�-t. ��.�~'..
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
2
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 between 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 application 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 incarporated 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 SecHon 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 exacHons. 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:
___ /s/AarH Shrivastava �s/Marty Miller
Aarti Shrivastava,Director Marty Miller,Chair
Community Development Department Planning Commission
G:`Planr:irig�PDREPORT,RES�2011�ASA-2011-24 res.doc