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U-1990-09b 1 Cit4 of Cupertino 10300 Torre Avenue P.O.Bo:550 Cupertino,California 95014 Cupertino,California 95015 Telephone:(41Ofl)252-4505 DEPARTMENT OF THE CITY CLERK November 5, 1991 John Endicott Westfield, Inc. 11111 Santa Monica Boulevard Suite 1400 Los Angeles, California 90025 CITY COUNCIL ACTICN - APPLICATICU NO. 9-U-90 - USE PERMIT M ALLOW NET E XPANSICN OF WrjM MSEIICN PARR BY 260,000 SQ. FT. (AA4ENUIE9 BY DIRECIC R C1F COMMUNITY DEVE31OPM1M ION NOVEMIM 5, 1991) At their regular meeting of July 1, 1991, the Cupertino City Council granted a Negative Declaration and approved Application No. 9-U-90 per Planning Cafmission Resolution No. 4300 amended with the following conditions. The Director of community Development made minor modifications to this Use Permit as provided by Section 1.3.1 of the Westfield Development Agreere - III. C@IDITICNS AEM ISTERED BY THE PUBLIC WORKS DEPARTMFNr 1. STREET WIDENIM Street right-of-way acquisition, widening, 11TVINments and dedications shall be provided in accordance with City standards and spec;f;catione and as required by the City Engineer and paid by the property owner. 2. CURB AND GUrIER BPS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer and paid by the property owner. 3. STREET LIGHTItr- IIiSI�.LSATICJ�7 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 foams of unreasonable visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. FIRE SAFETY Fire hydrants shall be located as required by the City. Explicit construction plans reviewed under Condition 23 of this Resolution shall be subject to review by the City, in consultation with the Central Fire District, for campl.ianoe with fire safety requirements. i S. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 6. GRAD Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. 7. Drainage shall be provided to the satisfaction of the City Engineer. 8. UNDERGROUND Vi'ILITIF.S 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 uniderground utility devices. The 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. 9. IMPROVE2MERr AC 2FQia]T The project developer shall enter into an improvement 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 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. 1 SEMCN IN, 00MITICNS ACMlNISIMM BY THE CMMNM DEVE[APHM DEPT. 11. APPRO-M EXHIBITS 7.he reommrendation of approval is based on the Plan Set consisting of the Site Plan (Sheet 1), Rose Bowl overview (Sheet 2), Rose Bowl Floor plans (Sheets 3 - 6), Section view (Sheet 7) all dated 09/18/90, Exhibit B, and the Alternative Bridge Location diagram (08/22/90) in File 9-U-90, except as may be amended by the Cnditions contained in this Resolution. 12. DEVEMPSM Development entitlements authorized tinder the subject use permit, along with the explicit conditions stated herein, shall be subject to the terms and obligations set forth in the formal development agreement between Westland L.P. and the City contained in file 1-DA-90, all provisions of which shall be subject to the City council's approval prior to recordation. 13. PERK= USES AND HOURS OF OPERATION The provisions of the master use permit for Vallco Fashion Park, as stated in Condition 17 of Use Permit 7-U-76 and Condition 3 of Use Permit 32-U-86, shall apply to any built or unbuilt increment of floor space, including entitlements under the existing General Plan, and those entitlements granted under 2-GPA-89. Development of non-retail building space, except for such space devoted to housing, shall be subject to the terms of Development Agreement 1-DA-90. Allowed uses located on the west side of Wolfe Road may operate between the hours of 7:00 a.m. and 11:00 p.m. The hours of operation for the cinemas will be as customary for that industry. Proposed uses located east of Wolfe Road, which are not otherwise required to obtain use permit approval under the terms of the above-described master Use Permit, may operate between the hours of 11:00 p.m. and 7:00 a.m., and will not be subject to separate use permit review solely because such use operates between the hours of 11:00 p.m. and 7:00 a.m. Existing and future approved uses located anywhere in the Shopping Center may remain open to the public between 11:00 p.m. and 7:00 a.m. on occasional basis for special marketing and promotional event subject to prior written approval from the City ccmmmity Development Director. Such approval may be granted for events involving the entire Shopping Center, events involving a group of shopping center occupants and events involving a single Shopping Center occupant, subject to a finding by the City Cmnanity Development Director that adequate steps have been taken to minimize the disturbance resulting from operation during such hours to property owners adjoining the Shopping Center. Hotel use shall be limited in accordance with the distribution of hotel room credit for the Vallco Park Planning Area, as described in the sand Use Element of the General Plan. Office and/or industrial uses shall not be limited in accordance with the Floor Area Ratios for such uses described in the Land Uses Element of the General Plan for the Valloo Park Plan Area. The developer may construct new space or convert space for office or industrial uses in excess of the Floor Area Ratios, pursuant to the provisions of section 2.10 of the Development Agreement, subject to payment of in-lieu fee as described therein. Implementation of hotel, office or industrial uses on the area, commonly defined as the Rose Bowl (APN: 316-20-037 and 038) or on any other portion of the Shopping Center, in whole or in a mixed-use format, with or without inclusion of retail uses, shall be subject to separate use permit approval. The subject entitlements shall include the option for housing within the omplex, should the developer elect to provide it. Such housing opportunity shall be subject to policy principles and density Limitations prescribed in the General Plan. Floor area devoted to housing occupancy shall not be subject to the "commercial" floor space cap (1,645,700 s.f.) and floor area devoted to housing occupancy shall not be subject to the non-retail disincentive formula described in Paragraph 2 of this Condition. 14. DISTRIBUTICII OF FLOOR SPACE Any unbuilt increment of approved floor space, including entitlements under the existing General Plan, and those entitlements granted under 2-GPA-891 shall be distributed to the areas designated as "approved future development" on Exhibit B as referenced in Condition 11 of this Resolution. Any request to distribute floor space outside of the pre-approved areas shown on said Exhibit shall be subject to separate use permit review. Development within the pre-approved areas for uses approved under the Master Use Permit shall not require a separate use Mn application. 15. Parking shall be provided at a ratio of one space/248 sq. ft. of gross leasable floor area. This ratio, along with the ultimate "build-out" inventory of 61670 spaces indicated on Figure 3 of the Initial. Study document shall constitute the parking obligation for the project, except that a new three (3) level parking structure shall be required should a cinema be constructed provided by Omidition 25 of this Use Permit. Short term deficit of parking availability may occur during phased construction work at any location on the shopping center site, not to exceed 200 spaces at any time. At any time that the deficit exceeds 200 spaces, the developer shall provide sufficient additional parking spaces to offset the deficit to a level at or below the 200 space threshold level. The developer shall also proceed in good faith to obtain cooperative shared parking with off-site properties to offset abort term parking deficit conditions which might occur during the "Christmas" shopping season (Thanksgiving Day-- through January 2, inclusive). The developer shall also ensure that new parking spaces are constructed in sufficient quantity and reasonable proximity to new development authorized under the General Plan Amsrximent. 16. ICE X=/CHIID CARE AMITIES The existing Ice Rink and a Child Care Center are deemed to be public amenities and shall be retained throughout the team of the Development Agreement subject to the provisions of the Development Agreement. The floor area demoted to these amenities and their ancillary uses shall be excluded from the floor area calculation methods described in Condition No. 17 of this Use Permit and from all other references in this Use Permit and the Development Agreement to completion of construction of new leasable space. In the event the developer completes construction of at least 100,000 sq. ft. of new gross leasable floor area during the tern of the Development Agreement, then the continued operation of the Ice Rink facility shall become a permanent condition of operation of the Shopping Center under the Master Use Permit. Operation of the Ice Rink and Child Care center shall be such as to ensure access thereto by the public through establishment of fair and reasonable fees and hours of operation. 17. GROSS 7RASAME ZI,0OR AREA CALCULATICN The principles stated in condition 4 of Use Permit 31-U-86 shall be used to calculate floor area allocation of use entitlement for all existing and future construction in the Shopping Center complex. Said Condition is hereby ammmided to include the following revisions: - To the table describing nku mmu square footage permitted: Authorized under 2-4:AA-89: 260,000 s.f. TOTAL 1,645,700 s.f. - To the "Area Included:" - All space occupied by fixed and moveable kiosks in the mall concourse, including an area 5 feet wide surrounding said kiosks. - To the "Area Excluded:" - Floor space devoted to the Ice Rink and Child Care Center and ancillary uses appurtenant thereto. 18. SIGN PRAM signs appearing in the approved exhibits are hypothetical. Signs shall be regulated by the approved Sign Program for the Center. 19. TRANSIT FACILITY the Development Agreement contains a requirement for the developer to eawoute a formal agreemnt with the Santa Clara County Transit District for placement of a shared-use, seventy-five space park and ride lot on private lands within the cosplex, to be located not more than 750 feet distance from the actual location of existing or future transit stops within the adjoining street rights of way In the event developer oonpletes construction of at least 100,000 sq. ft. of new cross leasable floor area during the team of the Development Agreement, then the operation of the Park and Ride facility shall became a permanent condition of the operation of the Shopping Center under the Master use Permit, provided that the Park and Ride facility may be tendmated by the mutual consent of the Santa Clara County Transit District and the property owner. Said agreement shall be subject to review by the City Ragineer for consistency with the terms of this Condition prior to recordation of the agreement by the signatories thereto. 20. SING[E USER SPACE RESER TICfT At least 80,000 s.f. of the increment of new floor space authorized under the subject use permit shall be reserved for a single user or single management entity for purposes of encouraging development of a major retail or department store activity in said space. 21. PAYMENT OF IMPACT FEE The Development Agreement shall provide for the payment by the developer of an annual impact fee of $100,000, mmmncing upon Lim letion of the first 200,000 sq. ft. of new net rentable space beyond the existing floor area. upon commencement, the annual payment shall continue for a term of 15 years. The annual payment shall be increased by $25,000 every five years after the payments connence. Both the $100,000 figure and the $25,000 shall be subject to a one time CPI adjustment as provided in Section 2.7 of the Development Agreement. The payments made to the City shall be used as provided in Section 2.7 of the Development Agreement. If the existing impact fee payments of $67,000 per year have not been terminated by the time the $100,000 annual payment begins, the $100,000 payment shall be credited first to the payment of the existing impact fee such that the developer shall not be required to pay more than $100,000 (as adjusted) during any single year. 1 22. DEESIGN REVIEW PRDC�IURE Section 2.8.3 of the Development Agreement Draft in File 1-DA-90 defines the review process for approval of building permits during this tern of said Development Agrees=t. 23. TREE R�/REPIACEt�7P Trees on private property, or within the public right of way, as described on the tree location survey of 09/18/90, which are removed to construct the bridge improvements, driveway approaches and potential transit turnouts on the Wolfe Road and Vallco Parkway frontages of the Rose Howl site shall be replaced on a two-forme basis with 24" bar specimens, the location of which shall be subject to approval of the Director of Ummuiity Development. 24. HARDS_CAPE RESTRIGTICN Pedestrian pavers and other hardscape features developed on the Rose Howl site shall be generally limited to seating areas, pedestrian walkways and retaining walls to the extent that they support the encouragement of a pedestrian-suitable environment. landscaping and soft-textured design features are encouraged to the greatest extent possible in creating the final streetscape concept. 25. APPROVAL OF CINEMA USE Notwithstanding existing rights allowing cinema use, the following uses are approved without further use permit application, subject to the following conditions: (a) Developer may elect to build a cinema complex of up to 2,500 seats on the pre-approved building site located adjacent to the Sears store (the "Westside Site"). If the 2,500 seat theater cmplex is inplemented, there will be no redaction in the total expansion build-out to 1,645,700 sq. ft. of leasable floor area authorized under the Development Agreement. (b) Developer may elect to build a cinema complex of up to 3,500 seats on the westside Site. However, if developer constructs a 3,500 seat cinema complex, the total expansion build-out to 1,645,700 sq. ft. of gross leasable floor area authorized under the Development Agreement will be reduced by 100,000 sq. ft. so that developer may complete a total expansion build-out of only 1,545,700 sq. ft. of gross leasable floor area out of the authorized total build-out of 1,645,700 sq. ft. of gross leasable floor area. (c) Developer may elect to build a cinema complex on either the pre-approved site adjacent to the Parry's store or anywhere on the Rose Bowl parcel (collectively the "Eastside Sites") of up to 3,500 seats, with a reduction in the authorized build-out to 1,600,000 sq. ft. of gross leasable floor area. The reductions in total leasable square footage build-cut if "b" or "c" is exercised, are to compensate for anticipated increased traffic inpact of the cinema use. The following regulations shall be implemented if a cinema is constructed and operated pursuant to options a), b), or c) described above. The devices and plans referenced below shall be implemented prior to occupancy of a cinema. (a) Automatically activated barriers shall be installed on access points to the upper levels of the existing garages and proposed garage to prevent access to the upper level of said garage after 9:00 p.m. The access control plan shall allow vehicles, which entered the upper level prior to 9:00 p.m., to exit the garage. The applicant may deactivate the access control devices during the peak Christmas season from the day after Thanksgiving through December 30th and during special promotional sales referenced in Condition 13. (b) A traffic and parking management plan shall be prepared and implemented to ensure a smooth flow of traffic into the Slopping Center site from City streets during peak periods. The plan shall include the provision of uniformed personnel to guide vehicles. The plan may also include signage and other graphic or mechanical/electrical devices to inprove the flow of traffic. The plan shall be approved by the Director of Public Works. (c) The perimeter road shall be closed between 9:00 p.m. and 7:00 a.m. in the location identified on Erhibit C. Automatically activated devices shall be used to block traffic. The applicant may deactivate the access control devices during the peak Christmas season from the date after Thanksgiving through December 30th and during special promotional sales referenced in Condition No. 13. The Director of Public Works shall approve the access control plan. (d) City traffic signals regulating vehicular traffic from City street to the Shopping Center shall be timed in a manner to ensure Level of Service D. The timing plans may result in periodic delays in exiting or entering the Shopping Center. The Director of Public Works shall consider all sources of traffic when devising said timing plans. The intent of this Condition is not to place an undue burden on the applicant for traffic increases not associated with the operation of the cinema axplex. This intent is to regulate traffic flow during peak traffic events resulting from the operation of the cinema Complex. (e) The Acoustical Report submitted in conjunction with the Initial. Study for the shopping Center predicts that existing noise attenuation (measures built into the parking garage and the parameter soundwall) will ensure that the City's Noise Ordnance standards will be met. The applicant shall do a before and after noise study, particularly at the end of Wheaton Drive, at Dennison and Norwich to establish a base line to evaluate future -. pxoject-generated noise. If the Noise Ordinance standards in effect upon the date of the Development Agreement and use permit approval, are not achieved, the City may require applicant to install additional measures to achieve said standards. temples are as follows: (i) Install a sound baffle along the perimeter of the garage (one or more levels). (ii) Acoustically treat ceiling and wall surfaces to absorb sound. Place barriers in the garages to locate vehicles in a manner to reduce sound propagation. (iv) Ftrther reduce access to the upper garage levels after 8:00 P.M. (v) Reduce or eliminate late hour showings at the cinema. The Coimmmity Noise Officer and Director of CanmuLity Development shall review sound oarplaints and approve sound mitigation measures to amply with City standards. Please review conditions cerefully. If yw have aay gueticws girding the conditions of approval please contact the Department of o3wwdty Development staff IDerhe[8 for aleedir,wiica. FhilUre to inomp=ate conditions into yots Plan set v311 restat im delays at the plan-cbedring sta[w. If dc��.l h omAii*ms �j,=e I w �yatims' do not clean- the site until ZEQulr�ed tree protection devices are i*3s'nl lnr1, The expiration date for the use permit ie detemmned by the terms of the Development Agreement. Sincere , DO�iX , Ct-r- CITY CLERK cc: Department of Community Development Department of Public Works Bill McBee Barton Asdmian Assoc., Inc. Crqortino Sanitary District Attn: Jane Bierstedt 20065 Stevens Creek Boulevard 100 Park Center Plaza #450 Cupertino, CA 95014 San Jose, CA 95113 Fairg¢ove Neighbors 729 Stendahl Lane Cupertino, CA 95014 11 llII i l r•+ ,• �. s�.en.war ` AL ro I 1 a �7dEjgc�CSc r ` I i 0~ p U l� ��O O O� ••,/ i I ;I SEARS ---- -- _ - - •r... Q GG """ m.•[r I ••. •' ELVORlUM +P*.a ni G...f,,o,r .,.•-.r7• _ / 1 oruaw...L[• 5HADED AREA 1 MAGNI W r ABDYE N � � -O IREST..I MAGNIN , 1 II OLYE ROAD _• 7r`i - - ,', —• __% • --"' PROPOSED 45' DRIVEWAY •, ' • �''�_�'-_� - t E YISYING 78 •I' °""" 1 i SPACES IIESTL' ...a. ••' i SHADED AREA I � } BELOW MAIL BLO6 onn waaL�o j+ � i .. yaa• i I � .a.[.r[[wa�[[ . iar ALT BRIDGE I Lo,TID J.C.PENNEY w. _l • f i f SrrE PLAN VALLOO FASHION PARK wESTFIELD MF Y •s`PL �rwa ROAD Rix .u.Lr.o<I AREAS FOR 'FUTURE DEVELOPMENT' �.�.. AREAS FOR FUTURE PARKING STRUCTURES 9-U-90 CITY OF CUPERTINO 10300 Torre Avenue 04--rtlno, California 95014 RESOLUMON No. 4300 OF THE PLANNING COMMISSION MISSION OF MM CITY OF CUPERMM 1D3NG APPROVAL OF A USE PERMrr TO IM MEM N2 UP TO 260,000 S.F. OF ADDITIONAL GROSS LEASEABLE FLOOR AREA FOR A REGIONAL SHOPPING CENTER, IN CMMMC ICH WITH GENERAL PLAN AMFNMEM 2-WA-89 SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application.; and WHEREAS, the Planning Commission finds as follows concerning this application: 1) That the use or uses are in conformance with the existing General Plan of the City of Cupertino, and with the approved General Plan Amendment 2-GPA-89, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. 2) That the property involved is adequate in size and shape to accommodate the proposed use. 3) Mat the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. 4) That the proposed Use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. 5) Zhat after careful consideration of maps, facts, exhibits, testimony and other evidence sutmitted in this matter, the application for Use Permit is hereby reomwnded for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and 6) 2he entitlements secured to the applicant in consideration of the matters of public benefit which are described in the subject Use Permit and in the Development Agreement recommended for approval under application 1-DA-90 (Retention of the existing Ice Rink and Child Care center, project design review, payment of an impact fee, provision of transit facilities, and reservation of a large single user space to facilitate recruitment of a major retail tenant) are consistent with the objectives defined in the City Council's Resolution 7506. Resolution No. 4300 (9-U-90) 09/24/90 Page -2- SECTION II. PFZOJECr DESCrZIFIZON Application No(s): 9-U-90 Applicant: Westfield. Inc. Property Owner: Westland Sh0mim Center L.P. Location: Wolfe Road between Steven Creekk Blvd. and I-280 SE ON In. CONDT'► CM =ffiJI=RM BY ME PUBr TC WORKS DEPARIZgSIP 1. STFaw WIDENING Street right-of-way ate,;sition, widening, mgmove eats and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer and paid by the property owner. 2. CURB AND GUTTER I14PRa</II�N15 Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer and paid by the property owner. 3. STM= LIGhrING INsr*ar.raTION 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 unreasonable visual interference to adjoining properties, and shall be no higher than the maxi=m height permitted by the zone in which the site is located. 4. FIRE SAFETY Fire hydrants shall be located as required by the City. Explicit construction plans reviewed Ludes Condition 23 of this Resolution shall be subject to review by the City, in consultation with the Central Fire District, for compliance with fire safety requiremer*s. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 6. Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. 7. IHtAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Resolution No. 4300 (9-U-90) 09/24/90 Page -3- 8. UNDERGROUNDThe developer shall LTPILIfiIFS Utilities Ordinance �No. 3ply 31 anth d a related Ordinances and regulations of the city of Cupertino, and shall coordinate with affected utility providers for installation of =IergrDUnd utility devices. The 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. 9 IMPROVEKENT AGREE SlP The project developer shall enter into an improvement 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 10. TRANSFORMFRS Electrical transformers, telephone vaults and similar above gro d equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. CITY Ems'S CERITMME OF ACCEPMNCE OF E4GIIMMII4G/SURVEYIM CIDITIONS (Section 66474.10 CA. Gov't. Oode) I hereby certify that the engineering and surveying condition specified in Section III of this Resolution conform to generally accepted engineering practices. _(s/ Travi:ce Whitten Travice Whitten, Asst. City Engr. SECTION IV: OONDMONS AEMMISPERE'D BY THE CQ JNITY DEVE OPM-M DEPr. 12. APPROVED E30iI8ITS the reccamendation of approval is based on the Plan Set consisting of the Site Plan (Sheet 1), Rose Bowl overview (Sheet 2), Rose Bowl Floor plans (Sheets 3 - 6), Section view (Sheet 7) all dated 09/18/90, Exhibit B, and the Alternative Bridge Location diagram (08/22/90) in File 9-U-90, except as may be amended by the Conditions contained in this Resolution. 13. DBVEIDPMSETIM AGRffSlESIr Development entitlements authorized under the subject use permit, along with the explicit conditions stated herein, shall be subject to the terms and obligations set forth in the formal development agreement between Westland L.P. and the City contained in file 1-DA-90, all provisions of which shall subject to the City Council's approval prior to recordation. Resolution No. 4300 (9-U-90) 09/24/90 Page -4- 14. PIIRRTPED USFS Zhe provisions of the master use permit for Vallco Fashion Park, as stated in Condition 17 of Use Permit 7-U-76 and Condition 3 Of Use Permit 31-U-86, shall apply to any built or unbuilt increment of floor space, including entitlements under the existing General Plan, and those entitlements granted under 2-GPA-89: Development of nxn-retail building space, except for such space devoted to housing, shall be subject to a disincentive 'stake-away" formula for floor space as deosribed in Section 2-10 of the Draft Development Agreement of 09/18/90 appearing in File 1-DA-90. Proposed uses located east of Wolfe Road, which are not otherwise required to obtain use permit approval under the terms of the above-described master Use Permit, may operate between the hours of 11:00 PM and 7:00 AM, will not be subject to separate use permit review solely because such use operates between the hours of 11:00 PM and 7:00 AM. Existing and future approved uses located anywhere in the shopping center may be open to the public during the 11:00 PM and 7:00 AM hours on an Occasional basis for special marketing and promotional events, subject to advance, written authorization frtam the Commmmity Development Dix ctor. such authorization may be granted for shopping center-wide events, as well as those events conducted by individual tenants encoding 80,000 s.f. or more of net leaseable floor space, and shall be subject to finding by the Conwzdty Development Director that adequate steps have been taken to minimize disturbance to adjoining property owners and residences, and to the community as a whole. Hotel Use shall be limited in accordance with the distribution of hotel rerun credit for the Vallco Park Planning Area, as described in the Land Use Element of the General Plan. Office or industrial uses shall be limited in accordance with the Floor Area Ratios for such uses described in the IAnd Use Element of the General Plan, for Vallco Park Planning Area. Implementation of hotel, general office or industrial uses on the the area commonly defined as the Rose Bowl (APN 316-20-37 & 38), in whole or in a mixed use format with or without inclusion of retail activity, shall be subject to separate Use per approval. Zhe subject entitlements shall include the option for housing within the complex, should the developer elect to provide it. Such housing opportunity s3a11 be subject to policy principles and density limitations prescribed in the General Plan. Floor area devoted to housing occupy shall not be subject to the "commercial" floor space cap (1,645,700 s.f.). and floor area devoted to housing occupancy shall not be subject to the non-retail disincentive formula described in paragraph 2 of this Condition. Resolution No. 4300 (9-U-90) 09/24/90 Page -5- 15. DISnUlY PION OF FLOOR SPACE Any unbuilt increment of approved floor space, including entitlements under the existing General Plan, and those entitlements granted under 2-GPA-89, shall be distributed to the areas designated on Exhibit B as referenced in Cmilition 12 of this Resolution. Any request to distribute floor space outside of the area envelcpe_shown on said exhibit shall be subject to separate Use Permit review. 16. PARING Parking shall be provided at a ratio of one space/248 sq. ft. of gross leasable floor area. This ratio, along with the ultimate ''build-outs inventory of 6,670 spaces indicated on Figure 3 of the Initial Sturdy document shall constitute the parking obligation for the project. Short term deficit of parking availability may ooair during phased construction work at any location on the shopping center site, not exceed to 200 spaces at any time. At any time that the deficit exceeds 200 spaces, the developer shall provide sufficient additional parking spaces to offset the deficit to.a level at or below the 200 space threshold level. The developer shall also proceed in good faith to obtain cooperative shared parking with offsite properties to offset short term parking deficit conditions which might occur during the "Christmas, shopping season (Thanksgiving Day through Jar=ary 2, inclusive). The developer shall also ensure that new parking spaces are constructed in sufficient quantity and reasonable proximity to new development authorized under the General Plan Amendment. 17. ICE R—IWCHIID CARE AMENITIES The existing Ice Rank and Child Care center are deemed to be public amenities which shall be retained throughout the operating existence of the shopping center, notwithstanding future changes of ownership or other conditions which could otherwise result in closure of said facilities. The floor area devoted to these amenities shall be excluded from the floor area calculation methods described in Condition 18 of this Use Permit. Nothing in this condition shall be deemed to require the property owner to be bound to an explicit child care operator/tenant in the omplex, and said condition may be modified or eliminated upon adoption by the city Council of a future child care policy of citywide applicability. Resolution No. 4300 (9-U-90) 09/24/90 Page -6- Operation of the Ice Rink and Child Care center shall be such as to ensure access thereto by the public through establishment of fair and reasonable fees and hours of operation. 18. GROSS IEA.SFABLE MOOR AAA CALQJLATION The principles stated in condition 4 of Use Permit 31-U-86 shall be used to calculate floor area allocation of use entitlement for all existing and future construction in the shopping center complex. Said condition is hereby amended to include the following revisions: - Tb the table describing maximum square footage permitted: Authorized under 2-GPA-89: 260,000 s.f. T0TAL 1,645,700 s.f. - Tb the "Area Included:" - All space occupied by fixed and moveable kiosks in the mall concourse, including an area 5 feet wide suuzounding said kiosks. - Tb the "Area Excluded:" - Floor space devoted to the Ice Rink and Child Care center and ancillary uses appurtenant thereto. 19. ,SIGN PROGRAM Sign information appearing in the approved exhibits shall be subject to separate approval of the Architectural and site Approval and City Council. 20. TTRANSTr FACLTITY The Development Agreemtn draft of 09/18/90 shall contain a requirement ent for the developer to-execute a formal agreement with the Santa Clara County Transit District for placement of a shared-use, seventy-five space park and ride lot on private lands within the codex, to be located not more than 750 feet distant frun the actual location of existing or future transit stops within the adjoinin street rights of way. Said agreement shall be subject to review by the City E hgineer for consistency with the terns of this Condition prior to recordation of the agreement by the signatories thereto. 21. SINGLE USER SPACE RESFI2VATICkI At least 80,000 s.f. of the increment of new floor space authorized under the subject use permit shall be reserved for a single user or single management entity for purposes of encouraging develodsnent of a major retail or departemtn store activity in said space. I Resolution No. 4300 (9-U-90) 09/24/90 Page -7- 22. PAYMENT OF IMPACT FEE The Development Agreement shall provide for the payment by the developer of an annual impact fee of $100,000 upon completion of the first 200,000 s.f. of new floor area construction beyond the existing floor area. said fee shall be raised an additional $25,000 every five years after the $100,000 payments begin and shall continue for the remaining term of the Development Agreement. If the existing impact fee has not been fully paid when the $100,000 payment begins, the $100,000 payment shall be credited first to the payment of the existing impact fee such that the Developer shall not be required to pay more than $100,000 during any single year. In no case shall the obligation to pay said Fee extend beyond a period of twenty (20) years from the date upon which the subject Development Agreement is recorded. 23. DESIGN REVIEW PROCED(JRE Section 2.8.3 of the Development Agreement Draft of 09/18/90 in File 1-DA-90 shall be modified to include the following procedure; Prior to issuance of building permits for any new construction, the developer shall return to the Architectural and Site Approval Committee and City Cot=i.l for formal approval of explicit architechumi elevations and site/landscaping details. Said ASAC review sha71 test for consistency with details described in the Design Objectives Narrative which appears as an appendix to the Development Agreement approved under 1-DA-90. 24. TREE �CEPgNP Trees on private property, or within the public right of way, as described on the tree location sureay of 09/18/90, which are removed to construct the bridge improvements, driveway approacbes and potential transit turnouts on the Wolfe Road and Vallco Parlmy frontages of the Rose Bowl site shall be replaced on a two-for-one basis with 241, box specimens, the location of which shall be subject to approval of the Architectural and Site Approval Catmuittee. 25. HARDSCAPE RESTRICTION Pedestrian pavers and other hardscape features developed on the Rose Bowl site shall be generally limited to seating areas, pedestrian walkways and retaining walls to the extent that they support the encouragement of a pedestrian-suitable environment. Landscaping and soft-textured design features are encouraged to the greatest extent possible in creating the final streetscpae concept. Resolution NO. 4300 (9-U-90) 09/24/90 Page -a- PASSED AND ADOPTED this 24th day of September, 1990 at a Regular Meeting of the Planning mmaission of the City of oAper*ino by the following roll call vote: AYES: CCHKLSSICHERS: Adams, Fazekas, Mackenzie, Chr. Claudy NAYS: CCK4LSSIDNIILS: None ABSTAIN: CalgaSSIONF.RS: None ABSENT: CoWaSSICtWS: Mann ATTEST: APPROVED: /s/ Robert Cowan /s/ John Claudy Robert Cowan John Claudy, Qkairman Director of City Davelcpnent Cupertino Planning Coomissicn b I- G� �7 Y lnirli,.Mr(i� vM.tY41lPU[lUnf �� yMwCw.r[MA 3 U y L.�'�j' + LJ If ,, SEARS r EMPORIUM t O L MAGNIN I. }•1 .REST. ROAD .. •l. �, I �- - - _._ I .p,t ----�� , ' .;.��•: •' �, z'.a:,cam.-:'.�^•-._-.*, - _ _t I >M ��-T/�-` .r-�- �� ' �. ••a •10 �n'y1IP•CsDDD111ENG[xCr lrl>!3 ._• ' I�� 'y � �Y+Sil ifl�.+�j •+1:."�,��_ •r..�..C:T' •.r- I.;, n +a1ou�'I � nrrw a I. s >Ilcrsl .j ,•o uwr,c,.,Icru.vrt�;• J.C.PENNEY ..... I,\•Y. ,,{G l� ..•w..[.r... •..«...•.i It.»t > r+ '/r IArMY 11�rM >b!I•CIf � '. �• r.n'wG.•.:,l..u..un r"e.. rMfgf. O .!Y l �.u•^rc O.'.. 41•�uo+w M•rsi ���/11 f , fI V' .- /, v 1�1�'1 :w>I•C» • JJ. ,• /,r c.nru4 uA t.r...40+y•.6 I SITE PLAN .,,Iwtr 1 fI,CO+r,Cw,.a1 VALLCO FASHION PARK y _....,,1>.•..�,...t..., r s 183EPTSO WESTFIELD INC. ' I I � ...o caovwlo ' - I _ FVCM 4040 tutu >fu • w l i WOLFE ROAD Westfield Design .a<a• _ .a.aa• + and Construction f i 'sue �~' ERNOE RE7AL RETAL RETAL 3 F • R ' O 4 U.I. RETAL MALL RETAL I FETAL RETAL m j i ROAD PP M2 MI �. .�.r uaErrao p$Y i i Westfield Design j and Construction .rv^ r-� t ' I 1 I! ✓ r4, L7. L 4Y P2 P1 N ... a InSToo I Westfield Design and Construction 7' 7 'IN W 5 P4 P3 �/ N 1o•r or r�..e r... � 1'w0' 188EP790 1.10' •..r Westfield Design and Construction m M i i a 6 P7 P6 P5 r..a +esewteo Westfield Design and Construction CROSS SECTION AA Drama -- aural LONGITUDINAL SECTION BE3 r. L�7 ��, ' LLCO PARKWAY L - - - - - - - - - - - - -r - - -r------------------...... -- TRIM UNEj OF THEE TO REIYAIR •• u ti i,• a1,r e ,+ ut• , +• >r a •,+• HARNISCK TWLZY I ' 15t + >ti ntaau+rar Q 20 I f.M wac ca tow to ➢AEVIDUfLY PUPOSED BUILDING UNE LU _ LL - J '+1 O fi3 g PROPOSED BUILDING - �'.r_ NOTE: I 1 '1 PLAN DOES NOT SHOW BUS TURN OUT, WHICH WILL HAVE TO BE j 1 LOCATED BY TRANSIT AUTHORITY --�lWtrJltf tIRIr CpiIJIL[f MI" T,M1 PawrnnPrf wr utis W,&L ..a. no[uru rots■cC a t—at j • vol"ttf TI2t MC["Ia•fl+.l! w[Aa 1!•••1•al t [ra[urn rrrf nu[tz r[wt r,u�or[t awrw••tt.• [ � n❑a:.n. 9 sm"n a[urn rae[wu�uno ru,rtroUw al.ef.••„n\ �ryf/ II • v o M.�t�.iRN_It•.�{�y ` `I f jJ SCALE V-30' 51 STREET TREE 1LFE kp. — .ru.N.l .wn«r ,......,,•,.. LOCATION •�kI t•: ••• " • SURVEY rav frasrn vtta i Cites of Cupertino 10300 Torre Avenue Cupenmo'California 9SO14 P.O.So■$00 Telephone;IaOB)25I•4505 Cupertino.California 9$015 DEPARTMENT OF THE CITY CLERK July 23, 1991 John Endicott Westfield, Inc. 11111 Santa Monica Boulevard _ Suite 1400 Nos Angeles, Califoraiia 90025 CITY COIL ACTION - APPLICATICN NO. 9-U-90 - USE PMMT TO ALLOW NET EXPANSION OF VAIJAO FASHION PARR BY 260,000 SO. Fr. At their regular meeting of July 11 1991, the O peertino City Conuncil granted a Negative Declaration and approved Application No. 9-U-90 per Planning Crmmisslo. Resolution No. 43DO amended with the following manditilons: III, C IMMCNS ADA MMM RW BY THE POBLIC WMM IWARDM 1. SIRFET WID@TING street right-of-way acquisition, widening, illpuoveme nts and dedications shall be provided in accordance with City Standards and g i f i rRr;ons and as required by the City Eng=eet and Paid by the PAY Owner. 2. CURB ACID nEMM2 WIS Clubs and gutters, sidewalks and related structures shall be installed in acoardnnnoe with grades and standards as specified by the City Engineer and Paid by the property owner. 3. STREET LIQ3IRM INSMLiATICN street lighting shall be installed and shall be as approved by the City E x4 veer. Lighting g fixtures shall be positioned so as to preclude glare and other forms of unreasonable visual interference to adjo;mng , and shall be m higher than the mmamn height permitted by the zone in which the site is located. 4. = SAFETY Fire hydrants shall be located as required by the City. Explicit oanstructicn plans reviewed under Condition 23 of this Resolution 'hall be subject to review by the City, in consultation with the Central Fire District, for amplisnce with fire safety equir mints- 5. TRAFFIC SIQ�S Traffic wntxol signs shall be placed at locations specified by the City. 6. S �Sa Grading shall be as approved and required by the City Engineer in aommdance with ordinance 125. 7. T�SS�i'r Drainage shall be provided to the satisfaction of the City Entli . B. MCERGROM U1=X= The developer shall omply with the requiratents of the Ooderground Utilities Cmdinance No. 331 and other related Ordinances and regulations of the City of Cgxmtim, and shall coordinate with affected utility provukwe for ;nSt&U tIM of undergratmd utility devices. The 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 Mxpneer- 9. The project developer shall enter into an mTrove mt agreement with the City of QVertino providing for payment of fees, including but not limited to cbecking and inspection fees, storm drain fees, park dedicatim fees and fees for undexgrvundt of utilities. Said agreement shall be a acted prior to issuance of axmtr,=im permits. 10. Electrical transfo=ers, telephone vaults and similar above ground eq ipxei,t enclosures shall be screened with fencing and landscaping or located underground such that said equiprent is not visible from public street areas. S C CN IV: OCtOITICNS ADMD3ISTERED BY TM COMMA IT4 DE'VEfEPME lP �r 11. APEROVED EXHIBITS The recommendation of approval is based on the Plan Set consisting of the Site Plan (Sheet 1), Rose Bowl overview (Sheet 2), Rose Howl Floor plans (Sheets 3 - 6), Section view (Sheet 7) all dated 09/18/90, Exhibit B, and the Alternative Bridge Location diagram (08/22/90) in File 9-5-90, except as may be amended by the Conditions contained in this Resolution. 12. Devacetaw Development entitlements autborized under the subject use permit, along with the explicit conditions stated herein, shall be subject to the terms and obligations set forth in the formal development agreement between Westland L.P. and the city omitained in file 1-DA-90, all provisions of which shall be subject to the City couunciv s approval prior to recordation. 13. PE[aII.= USES AMID HOURS CF C�ERARATICIJ The provisions of the master use permit for Valloo Fashion Park, as stated in Condition 17 of Use Permit 7-U-76 and OCiiti can 3 of Use Permit 32-U-86, shall apply to any built or unbuilt increment of floor Space, including entitlements under the wasting General Plan, and those entitlements granted under 2-WA-89: except that the list of uses listed in Sections 95.1 and 95.2(e) of the foamier eam=cial zoning ordinance are replaced by the list of uses contained by "Exhibit E" of 1-DA-90. Development. of non-retail building space, except for such space devoted to housing, shall be subject to the terms of Development Agreement 1-DA-90. Allowed uses located on the west side of Wolfe Road may operate between the hours of 7:00 a.m. and 11:00 p.m. The hours of operation for the cinemas will be as customary for that industry. Proposed uses located east of Wolfe Road, which are not otherwise required to obtain use permit approval under the teams of the above-described nester Use Permit, may operate between the hours of ll:00 p.m. and 7:00 a.m., and will not be subject to separate use permit review solely because such use operates between the hours of 11:00 p.m. and 7:00 a.m. Existing and future approved uses located anywhere in the Shopping Center may remain open to the public between 11:00 p.m. and 7:00 a.m. on occasional basis for special marketing and pr++otion+t event subject to prior written approval from the City Caanunity Development Director. Such approval may be granted for events involving the entire Shopping center, events involving a group of Shopping center occupants and events involving a single Shopping center occupant, subject to a finding by the City Community ty Development Director that adequate steps have been taken to minimize the disturbance remat]ng F operation during such hours to property owners adjoining the Shopping Center. Hotel use shall be limited in accordance with the distribution of hotel roam credit for the Valloo Park Planning Area, as described in the land Use Element of the General Plan. Office and/or industrial uses shall = be limited in accordance with the Floor Area Ratios for such uses described in the land Uses Element of the General Plan for the Valleo Park Plan Area. The developer may construct new spare or convert spade for office or industrial uses in excess of the Floor Area Ratios, pursuant to the provisions of Section 2.10 of the Deve1c meat Agreement dated 06/27/91, subject to payment of in-lieu fee as described therein. implementation of hotel, office or industrial uses on the area, co m mly defined as the Rose Bowl (APH: 316-20-037 and 038) or an any other portion of the Shopping Center, in whole or in a mixBd-use format, with or without inclusion of retail uses, shall be subject to separate use permit approval. The subject entitlements shall include the option for housing within the ompiex, should the developer elect to provide it. Such housing opportunity shall be subject to policy principles and density limitations prescribed in the General Plan. Floor area devoted to housing occupancy shall not be subject to the "commercial" floor space cap (1,645,700 s.f.) and floor area devoted to housing occupancy shall not be subject to the non-retail disincentive formula described in Paragraph 2 of this Condition. floor area devoted to these amenities and their ancillary uses shall be excluded from the floor area calculation methods described in Condition No. 17 of this Use Permit and from all other references in this Use Permit and the Development Acgeement to ompletion of construction of new leasable space. Notwithstanding the foregoing, in the event the developer completes construction of at least 100,000 sq. ft. of new dose leasable floor area during the team of the Development Agreement, then the continued operation of the Ice Rink facility shall become a permanent condition of operation of the Shopping Center under the Master Use Permit. Operation of the Ice Rink and Child Care Center shall be such as to ensure access thereto by the public through establishment of fair and reasonable fees and hours of operation. 17. CROSS JABSB= FLOOR AM CAICJLATION I The principles stated in condition 4 of Use Pit 31-U-86 shall be used to calculate floor area allocation of use entitlement for all existing and future construction in the Shopping Center complex. Said condition is hereby amended to include the following revisions: - Tb the table describing maximum square footage permitted: Authorized under 2-WA--89: 260,000 s.f. TOTAL 1,645,700 s.f. - Th the "Area Included:' - All space occupied by fixed and moveable kiosks in the mall concourse, including an area 5 feet wide surrounding said kiosks. - Tb the "Area Excluded:" Floor space devoted to the Ice Rink and Child Care Center and ancillary uses appurtenant thereto. 18. SIGN PRL1C�tAM Signs appearing in the approved exhibits are hypothetical. Signs shall be regulated by the aRnmed Sign Progrmn for the center. 14. DISl UNNICN CF FLQR SPACE Any unbuilt increment of approved floor space, including entitle mats under the ended g General Plan, and those entitlements granted under 2-CAA-89, shall be distributed to the area designated as -approved future development" on Exhibit B as referenced in condition 11 of this Resolution. Any request to distribute floor space outside of the r pre-approved areas st=*6 on said Exhibit shall be subject to separate . �.s use permit review. Development within the pre-approved areas for uses approved under the Master Use Permit shall not require a separate use permit application. 15. PABI Parking shall be provided at a ratio of one space/248 eq. ft. of cross leasable floor area. This ratio, along with the ultimate "build-out" inventory of 6,670 spaces indicated on Figure 3 of the Initial study document shall constitute the parking obligation for the project, except that a new parking structure containing 325 spaces shall be required should a ring be constructed provided by Condition 25 of this Use Permit. Short term deficit of parking availability may occur during phased _. construction work at any locatim an the shopping center site, not exceed to 200 spaces at any time. At any time that the deficit exceeds 200 spaces, the developer shall provide sufficient additional parking spaces to offset the deficit to a level at or below the 200 space threshold level. The developer shall also proceed in good faith to obtain cooperative shared parking with off-site properties to offset short trim parking deficit conditions which might occur during the "Christmas" shopping season (7henksglving Day throuch January 2, inclusive). The developer shall also ensure that new parking spaces are constructed in sufficient quantity and reasonable proximity to new development authorized under the General Plan Amgen t . 16. ICE RIHIt/CHILD CARE AtgNITIES The existing Ice Rink and a Child Care Center are deemed to be public amenities and shall be retained throughout the team of the Development Agreement subject to the provisions of the Development Agreement. The 19. TERAMIT The Development Agreement draft of 06/27/91 shall contain a requirement for the developer to execute a foul agreement with the Santa Clara county Transit District for placement of a.shared-use, seventy-five space park and ride lot an private lends within the complex, to be located not more than 750 feet distenoe from the actual locaticn of exo•eting or future transit stops within the adjoining street rights of way In the event developer coupletes construction of at least 100,000 sq. ft. of new gross leasable floor area during the term of the Development Agreement, then the operation of the Park and Rule facility shall become a permanent condition of the operation of the Slapping Carter 1 the Master Use Permit, provided that the Park and Ride facility may be terminated by the mutual consent of the Santa Clara County Transit District and the property owner. Said agreement shall be subject to review by the City Engineer for consistency with the terms of this Condition prior to recordation of the agreement by the signatories thereto. 20. SINGLE. USER SPACE u43SERVAM At least 80,000 s.f. of the increment of new floor space authorized under the subject use permit shall be reserved for a single user or single mmmenagene t entity for purposes of enommaging development of a major retail or department store activity in said space. 21. PAS CE IMPACT FEE The Development Agreement shall provide for the payment by the developer of an annual impact fee of $100,000, c=nencing upon mapletion of first 200,000 sq. ft. of new net rentable space beyond the existing floor area. Upon conmenceme t, the annual payment shall continue for a teas of 15 years. The annual payment shall be increased by $25,000 per year every five years after the payments co mmenoe. Both the $100,000 figure and the $25,000 shall be subject to a one time cpi. adjustment as provided in Section 2.7 of the Development Agreement dated 06/27/91. The payments made to the City shall be used as provided in Section 2.7 of the Development Agreement. If the existing impact fee payments of $67,000 per year have cot been terminated by the time the $00,000 annual payment begins, the $100,000 payment shall be credited first to the payment of the existing impact fee such as the developer shall cot be required to pay more than $100,000 (as adjusted) during any single year. 22. DESIGN REVIEW PRO=URE Section 2.8.3 of the Development Agreement Draft 06/27/91 in File. 1-DA-90 defines the review process for approval of building peanits during this terhn of said Developrent Agreanent. 23. Trees on private property, or within the public riot of way, as described on the tree location survey of 09/18190, which are removed to construct the bridge improvements, drivemy approaches and poteastial transit turnouts on the Wolfe Load and Valleo Parkway frontages of the Rose Howl site shall be replaced an a two-for-one basis with 24' box specimens, the location of which shall be subject to approval of the Director of Cann mity Development. 24. HRRDSCAPE FMS7R TION Pedestrian, pavers and other hardscape features developed an the Rose Howl site shall be generally limited to seating areas, pedestrian walkanys and ret&ni� walls to the extent that they support the encouragsont of a pedestrian-suitable awira=ent. Isndsogang and apft-textured design features are encouraged to the greatest extent possible in creating the final streets cape concept. 25. APPROVAL OF CRAM OSE Notwitb-atandi W existing rights allowing drone use, the following uses are approved without further use permit application, subject to the following conditions: (a) Developer may elect to build a cinem eouglex of up to 2,500 seats on the pre-approved building g site looted adjacent to the Sears store (the 'Westside Site`). If the 2,500 seat theater carplex is uplemnted, there will be no redaction in the total expansion build-out to 1,645,700 sq. ft. of leasable floor area autbacized under 2-WA-89 and the Developmt Agreement. (b) Developer may elect to build a cinems carplex of up to 3,500 seats on the Westside Site. However, if developer constructs a 3,500 seat c nem conplex, the total expansion build-out to 1,645,700 sq. ft. of gross leasable floor area authorized under 2-PA--89 and the Development Agreement will be reduced by 100,000 VB-q 4,jl.q 41 All - It � o'� o i'� o . � a .. .. sq. ft. so that developer may amplete a total expansion build-out of only 1,545,700 sq. ft. of gross leasable floor area out of the authorized total build-oast of 1,645,700 sq. ft. of gross leasable floor area. (c) Developer may elect to build a cinema oamplex on either the pre-approved site adjacent to the Penny's store or anywhere cn the Rose Howl parcel (collectively the "Bastside Sites,) of up to i 3,500 seats, with a reduction in the authorized build-cut to 1,600,000 sq. ft. of gross leasable floor atea. Trio reductions in total leasable square footage build-out if "b" or "c" is exercised, are to catpensate for anticipated increased traffic impact of the ninera Use. The followlM regulations shall be implemented if a cinema is constructed and operated pursuant to options a), b), or c) described above. The devices and plans referenced below shall be implemented prior to occupancy of a ci.nem. (a) Automatically activated barriers shall be installed on access points to the upper levels of the existing garages and proposed garage to prevent access to the upper level of said garage after 9:00 p.m. The access cmitrol plan shall allow vehicles, which entered the upper level prior to 9:00 a.m., to exit the garage. The applicant tiny deactivate the access cmUml devices during the peak Cbri etwp season from Decarbw 1st through December 30th and during special prcw3tionai sales referenced in Condition 13. (b) A traffic and parking managsment plan shall be prepared and hgAems en rted to sure a smooth flow of traffic into the Shopping Ca . I site fxam city streets during peak periods. The plan shall include the pxnvisim of uniformed personnel to guide vehicles. 7ba plan may also include signage and other graphic or medsenical/electrical devices to inpruve the flow of traffic. The plan shall be approved by the Director of Public Works. (c) The perimeter road shall be closed between 9:00 p.m. and 7:00 a.m. in the location identified an Exhibit C. Antomm*ically activated devices shall be used to block traffic. The Director of Public Forks shall approve the access central plan. 5) R9daOB or eliminate late home shadrxjs at the cinema. Ila Ommmity Noise Officer and Director of Coa zAty Development shall review sound o=plaints and approve sound mitigation measures to omply with City standards. Please review conditions carefully. If you have any questions regarding :✓ the conditions of approval please contact the Depeatment of 0b�ity Development staff members for clarification. Fnaiill tD inaaapoaate omditi= into pour plan sat will Alt in delays at the Plan n4 if developooent conditi require tree pt earwatiaos, do not close the site �wtil required tree protection devices arc installed. The expiration date for the use permit is determined by the terms of the Development Agreement (1-DA-90). Sincerely, Z D � DURO'IfiY�, CM CITY CAM cc: Department of Camamity Development Department of Public works Bill McBee Hatton-Asctman Assoc., Inc.. Cupertino sanitary District Attu: Jane Biexstedt 20065 Stevens Creek Boulevard 100 Park Center Plaza PSO cupertilio, CA 95014 San Jose, CA 95113 Fairgrove Neighbors 729 Stendmhl Lane Cupertino, CA 95014 I try •:...,�,; •-•• >�..,��-•-"• ;: .. I ' • i i -t��� �ldl�Q �("� if Westfield Design I �_ .� � (� and Coiutrucuuu ire 6 0D0006 . .. .= sus .__� - Q :�.Q�)©^�"" Tian i wi.+.r i ? �}i fiOIi1N i. f• Y' =11 sg'_ _ a •ou -a[_='�'Y`aS3T�3�'S�irxcz-., - --- -� (• Ja r::.•j c��snwr.,e S.E(3END � • - ;L-"-.' ;,� 1 fnccs •sr�' i I• —0 BARRIER • vN�r a flla0f0 1.(A Y I y 0(ION MY!BIFt O NO♦COEBE r0 ROOF FAR�{NO �Fi ER NORVI�L G.C.NOVgb IN �A►.,_ Ast euxa i s '4 OUT 1 C,PFj1{Y -1 • AFTER NORMAL S.C."OURS I x ACCESS TO SEARS LOADING t TO OE MAINTAINED 1}'i• c cra�i, ..cac�LAiM;Lu.. . to _ THEATER-TRAFFIC DIRECTION PLAN �"• ( .•a..-. �� � VALLCO FASHION PARK y 11 .urr<ao.q 9-U-9U �, " P. :._ - ►� Westfield Design : = •` ,"xn}t r k ? rr and Construction •-,�'m: 4. :.j'�:T`y h T +y � xy -, '. .y. �wr�r.ww. SM. _ "7�q,.' _ Vat :�r- z �� ,� y J F j 7✓ f�'�; fi � APPROVED Signed . = Date Signed 71 777 Dale r _ - • _ I I ARCH. o S :ITP,GL • • t ••w. 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Daie . `., - PLAAt G iS31!JN''xY`;k Sigr ` se^�'airar Jtg THEATER SKETCH AT SEARS FROM WOLFE ROAD AT STEVENS CREEK BLVD. '• -tip'-�. "� EXPANSION STUDY 9 VALLCO FASHION PARK -." 'il x ?'':. -_ r_. r - - - - - ;. fs r. ..`s•,''._--:_ 23MAY91 000 APPROVED . can►courrcII. �. .•,.•°...• Stoned Westfield Design Dafe cl q and Construction IO ro.,rnr.w r.a•o.r..u.n..+....ar. .r...rrru.ar.uY .�s..o.. h SECTN-..G F't+A11_,�- .�."i:l .�............ r.. SlQned Date Z. AA WOLFE ma" . ct�.• w*.oreMs! p'v n .Iortow ulnr rrcr.,a.rn,..r SECTON O low i MANTES -- � CJMBrNo.,InK..D.,wucT. M HLiSEARS LOAD04 DOCK a SECTION E i rrrn r„r i t �ESYTMO fC�tY /y PLANTER ••••• - 00Sttq SEARS Di NJ=WALL msn.o' rtRMMETM ROAD tAIOSCA►ED Stfw SS:R7tl F EXPANSION STUE)Y a.. BUODWO SECTK)NS ,. VALLCO FASHION PtAK - H r APPROVED cny comma-, Stoned i`�.�i• yWex, PI ZL Shed �tfieW Design and Caestructian Date "� ARCH.& Se_n Signed .; -- .I —.......t......... 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PARKING LEVELS VALLCO FASHION PARK " ,'M /bffl�f0 ffY�tf, 1'�0• �� MLAM Westfield Design and Construction J pp I APPROVED crrx CC UNCI I� I� Signed Date PLAPi: ZG nn•,^_.SSD_d Signed Date • L ARCH. a S?".' CONTROL . I I Signed Date s � " • I 6 P7 PB P5 EXPANSION STUDY PARMG LEM3 VALLCO FASHION PARK• " w 'I," . Westfield Design and Construction Mao r � MT GYJ APPROVED Signed arr c CM - � Date PLA:li'.V:3 N24ISSION Signed . Date . ARCH.&S<_i CONTROL Signed Date . l +.. w 2 M•�R� 2 no OFAm P4• P3 EXPANSION STUDY �- PARKOG LEVELS VALLCO FASHION PARK E Mwwa�w 1 T Westfield Design • and.Construction e CrrY COMM to r,79/ Signed Date A�3Qi S CCUI�L. —' . . . . . . . . . . . . . . .se+rA=l P2 PIT EXPANSION STUDY PARKM LEVELS tl VALLCO FASHION PARK ... -- ewrn, 0 WOLFE ROAD • e Westfield Design ,a. and Construction PROVED MM& cOUNCM - ItTK .roor OlT.L .ALL Date 9/ O Pu�1-1 .0 G :E f rR.L �Da-, = 0M U 9TAL. .,.li rRK. } •RTA& YA,L rnu /6 *a me M2 M1 �— EXPANSION STUDY --- MALL LEVELS ,•.r ,srs,w VALLCO FASHION PARK c HMy `<°:{-cFt$:: :iib. �+ tt �=�a��Y�D°"xk..�. ,i�a i`a��•y�`� a+"o°r,.sw T-oae✓�t"to pr+6 O j� ." .• Z :n�rn N O t� Z z �� — — > C m - - $ ;K .� s i VALLCO PARKWAY (D �"1 c,f r.aops Mey 1 r r r Nri • 1;; �; �1. 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E E.. f4`� � C SRE PLAN VALLCO FASHION PARK r WESTROM NO— r B I I.IEM.a I,RGvoEG Eil..p. ear rap^.E 11W,a1e1 ._. _.-. �►ICN RG,G `- _ Torsi awe anti. ar AREAS FOR 'FUTURE DEVELOPMENT' ,.aErr.G AREAS FOR FUTURE PARKING STRUCTURES