CC Resolution No. 13-005 Main Street Hotel, APNs 316-20-078 AND 316-20-079 RESOLUTION NO. 13-005
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A SITE AND
ARCHITECTURAL APPROVAL FOR A HOTEL 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-2012-11
Applicant: Kevin Dare
Property Owner: 500 Forbes, LLC
Location: South-east intersection of Vallco Parkway & Finch Avenue (now Main
Street)
(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 refinements to
a previously approved hotel (located on the south-east intersection of Vallco Parkway & Finch
Avenue), 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
and adequately serves to 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
Resolution No. 13-005
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.
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-2012-11 as
set forth in the Minutes of the City Council Meeting of January 15, 2013, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on the following exhibits, included in the January 15, 2013 staff
report, except a may be amended by the conditions contained in this resolution.
Attachment C— "Design Package", dated December 7, 2012, consisting of Hotel
Renderings and pages H1, H2, H2.1, H3, H4, H5, H5.1, and H6.
Attachment D— "Overall Site Plan", dated November 15, 2012, consisting of sheet A1.0.
Attachment E—"Design Narrative and Response to Resolution 12-098", dated December
14, 2012, consisting of two pages.
Attachment F— "Landscape, Layout, and Planting Plan", dated October 15, 2012,
consisting of pages L-1, L-2.8, and L-4.8.
Attachment G— "Interior Courtyard Detail", dated December 17, 2012, consisting of a
separate, yet redundantly titled, L-1 exhibit.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in Resolution No. 12-054, 12-055, 12-056, 12-098, M-
2012-03, ASA-2012-10, and TM-2012-04 shall be applicable to this approval, unless
otherwise amended by this resolution.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
Prior to building permit issuance, the conditions of approval set forth shall be
incorporated into and annotated on the first page of the building plans.
4. LIGHTING & REFLECTIVITY
Resolution No. 13-005
Prior to building permit issuance, the exterior lighting and materials of the hotel shall
require a photometric study to determine the appropriate number and energy output of
lights, and amount/impact of glare resulting from the chosen materials and finishing.
Pursuant to this study, modifications to the selected materials, finishing, and lighting
shall be subject to City review and approval.
5. PERIPHERAL LANDSCAPING/SITE FEATURES
Prior to building permit final, the peripheral landscaping and site features shall be
subject to final refinement and approval by the Community Development Director.
6. INTERIOR COURTYARD
Prior to building permit issuance, the final design of the interior courtyard of the hotel
shall be subject to City review and approval.
7. 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 square footage, any relevant easements and/or construction records. Any
misrepresentation of any property data may invalidate this approval and may require
additional review.
8. 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.
9. 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 I 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
posted 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
Resolution No. 13-005
E. Street Cleaning Schedule and Program
10. MATERIALS AND COLORS
Prior to building permit issuance, the applicant shall provide material boards with the
final selection of materials and colors for the hotel and associated grounds to the
satisfaction of the Community Development Director.
11. ALTERATIONS
Minor alterations to the hotel or associated grounds, occurring after building permit
final, including any change of material, color, or design of the building shall be subject to
review and approval by the Community Development Director. At the discretion of the
Director, significant alterations can be referred to the Planning Commission or City
Council for review and approval.
12. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public
Works Department and the Community Development Department prior to installation of
any above ground equipment. Should above ground equipment be permitted by the
City, equipment and enclosures shall be screened with fencing and landscaping such that
said equipment is not visible from public street areas, as determined by the Community
Development Department. Transformers shall not be located in the front or side building
setback area.
13. SCREENING
All mechanical and other equipment on the building or on the 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.
14. SIGN PROGRAM
A sign program is required for this project. The sign program shall be approved by the
Director of Community Development prior to issuance of sign permits.
15. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor impacts from the
restaurants to the adjacent community. The odor abatement systems shall be installed
prior to final occupancy of the associated restaurant(s). Detailed plans shall be reviewed
Resolution No. 13-005
and approved by the Director of Community Development prior to issuance of building
permits.
16. INDEMINIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the
City, its City Council, its officers, employees and agents (the "indemnified parties") from
and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void this ordinance or any
permit or approval authorized hereby for the project, including (without limitation)
reimbursing the City its actual attorneys' fees and costs incurred in defense of the
litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
17. 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
15th day of January,2013, by the following vote:
Vote Members of the City Council
AYES: Mahoney, Wong, Chang, Santoro, Sinks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVE:
NIL c. 14, A6. /
R
Grace Schmidt, City Clerk Orr ahoney, Mayor, City of Cupertino