CC Resolution No. 12-100 Main Street TM-2012-04 RESOLUTION NO. 12-100
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE FIVE PARCELS INTO SIX PARCELS
WITH ONE RETAIL CONDOMINIUM UNIT ON LOT 5 ON AN APPROXIMATELY 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.: TM-2012-04
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 City Council of the City of Cupertino received an application for a Tentative
Subdivision Map, 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. That the proposed subdivision map is consistent with the City of Cupertino General Plan,
Cupertino Zoning Ordinance and Heart of the City Specific Plan; and
2. That the design and improvements of the proposed subdivision are consistent with the
General Plan, Cupertino Zoning Ordinance and Heart of the City Specific Plan; and
3. That the site is physically suitable for the type and intensity of development
contemplated under the approved subdivision; and
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Resolution No.12-100
4. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidable injure fish and
wildlife or their habitat; and
5. That the design of the subdivision or the type of improvements associated therewith are
not likely to cause serious public health problems; and
6. That the design of the subdivision and its associated improvements will not conflict with
easements acquired by the public at large for access through or use of property within
the proposed subdivision; and
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for a Tentative Map, 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. TM-2012-04 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.
The Tentative Map is specifically approved to create the following parcels:
a. Parcel 1 - 11 acres for the retail buildings, park and town square
b. Parcel 2- 1.5 acres for the office building on the corner
c. Parcel 3 - 1.5 acres for the office building along Vallco Parkway
d. Parcel 4 - 1.5 acres for the hotel
e. Parcel 5 -1.5 acres for the live/work loft apartment building with a 9,146 square foot
two-unit retail condominium parcel
f. Parcel 6 - 1.5 acres for the Common Area Parcel for the benefit of Parcels 1 through 4.
Restrictions and requirements for the shared use of the parking garage to
accommodate the retail, hotel and office uses within the development site shall be
included within the CC&Rs per the requirements in Resolution No. 12-098 and other
related approvals.
2. CONCURRENT APPROVAL CONDITIONS
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Resolution No.12-100
The conditions of approval contained in file nos. M-2012-03 and ASA-2012-10 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 2012, by the following vote:
Vote Members of the City Council
AYES: Santoro, Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
(7)1(\e' INAAA‘
Grace Schmidt Mark Santoro
City Clerk Mayor, City of Cupertino
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