CC Resolution No. 12-099 Main Street ASA-2012-10 RESOLUTION NO. 12-099
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A SITE AND ARCHITECTURAL APPROVAL FOR THE CONCEPTUAL
MARKET-RATE RESIDENTIAL LIVE/WORK LOFT UNITS AND MODIFICATIONS TO THE
PARKING GARAGE AND RETAIL BUIDLINGS ON AN 18- 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: PROJECT DESCRIPTION
Application No.: ASA-2012-10
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 and City Council of the City of Cupertino received an application
for Architectural and Site Approval for the conceptual site plan, elevation and floor plans for a 120 unit
market rate live/work loft apartment complex and modifications to the parking garage and retail buildings
and footprints, 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 City Council have held one or more public hearings on this matter; and
WHEREAS, a Second 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. 12-099
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 approved, 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-2012-10 as set forth in the
Minutes of the City Council Meeting of September 4, 2012, and are incorporated by reference as though
fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Main Street Cupertino, Sand Hill Property Company,
Cupertino, California" site plan dated August 15, 2012 and dated received August 28, 2012,
Mixed Use Loft plans consisting of pages A1.0, A2.1, A2.2, A2.3, A2.4, A2.5, A2.6, and A3.0,
dated received August 28, 2012, and Tentative Map pages TM-1 through TM-8 dated received
August 28, 2012, 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-2012-03 and TM-2012-04 shall be applicable
to this approval.
3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code 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 4th day
of September, by the following vote:
Vote Members of the City Council
AYES: Santoro, Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Gneuv—,CTILic)vjf
Grace Schmidt, City Clerk ark Santoro, Mayor, City of Cupertino
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