CC Ordinance No. 24-2258 APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE CUPERTINO VILLAGE BOUTIQUE HOTELORDINANCE NO. 24-2258
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT
FOR THE CUPERTINO VILLAGE BOUTIQUE HOTEL
In accordance with Cupertino Municipal Code Section 19.144.110 Development
Agreement, the City Council of the City of Cupertino finds that the amendments to a
Development Agreement (DA-2017-01):
A. Is consistent with the objectives, policies, general land uses and programs
specified in the General plan and any applicable specific plan;
General Plan Strategy LU-9.1.3: Economic Development and Business Retention –
Encourages the City attract new businesses and retain existing businesses that provide
local shopping and services, add to municipal revenues, contribute to economic vitality,
and enhance the City’s physical environment. Approving the requested amendment
supports and facilitates a potential revenue generating use for the City, with added
community benefits that include restaurant and community shuttle services. Nothing in
the Development Agreement Amendment revises the scope of the project as approved by
the City Council on July 16, 2019 and August 20, 2019, in which the project was found to
be in conformance with the General Plan and Zoning standards applicable to this site, as
well as those standards that were amended as part of General Plan Amendment (GPA-
2017-05, Resolution No. 19-091).
B. Is compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the real property is or will be located;
Nothing in the Development Agreement Amendment revises the scope of the project as
approved by the City Council on July 16, 2019 and August 20, 2019, in which the project
was found to be in conformance with the General Plan and Zoning standards applicable to
this site, as well as those standards that were amended as part of General Plan Amendment
GPA-2017-05, Resolution No. 19-091).
C. Is in conformity with and will promote public convenience, general welfare and
good land use practice;
Nothing in the Development Agreement Amendment revises the scope of the project as
approved by the City Council on July 16, 2019 and August 20, 2019, in which the project
was found to be in conformance with the General Plan and Zoning standards applicable to
this site, as well as those standards that were amended as part of General Plan Amendment
Ordinance No. 24-2258
Page 2
GPA-2017-05, Resolution No. 19-091). Extending the expiration of the Development
Agreement, or future revisions to the amount of parking and/or parking layout, to be
treated as an Administrative Project Amendment will not be at odds with promoting public
convenience, general welfare and good land use practice.
D. Will not be detrimental to the health, safety and general welfare;
Nothing in the Development Agreement Amendment revises the scope of the project as
approved by the City Council on July 16, 2019 and August 20, 2019, in which the project
was found to be in conformance with the General Plan and Zoning standards applicable to
this site, as well as those standards that were amended as part of General Plan Amendment
GPA-2017-05, Resolution No. 19-091). Further, on July 16, 2019, the City of Cupertino
adopted the Initial Study and Mitigated Negative Declaration, State Clearinghouse (SCH)
Number 2018112025, and approved the project. The Development Agreement extends the
term of the entitlement up to eight years from the original entitlement, with no changes to
the development scope.
E. Will not adversely affect the orderly development of property or the preservation
of property values; and
Nothing in the Development Agreement Amendment revises the scope of the project as
approved by the City Council on July 16, 2019 and August 20, 2019, in which the project
was found to be in conformance with the General Plan and Zoning standards applicable to
this site, as well as those standards that were amended as part of General Plan Amendment
GPA-2017-05, Resolution No. 19-091). The treatment of the amount of parking or
revisions to the parking layout as an Administrative Amendment would not affect the
orderly development of the property or the preservation of property values.
F. Will promote and encourage the development of the proposed project by
providing a greater degree of requisite certainty.
Nothing in the Development Agreement Amendment revises the scope of the project as
approved by the City Council on July 16, 2019 and August 20, 2019, in which the project
was found to be in conformance with the General Plan and Zoning standards applicable to
this site, as well as those standards that were amended as part of General Plan Amendment
GPA-2017-05, Resolution No. 19-091). An extension in the number of years for which
the project entitlement is valid for and a reduction in the voluntary community amenity
payments would promote and encourage the development of the proposed project by
providing a greater degree of requisite certainty.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
Ordinance No. 24-2258
Page 3
SECTION 1. Adoption.
The Development Agreement is amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase
of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence,
clause or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have
adopted the remaining provisions of this ordinance irrespective of such portion, and
further declares its express intent that the remaining portions of this ordinance
should remain in effect after the invalid portion has been eliminated. To the extent
the provisions of this Ordinance are substantially the same as previous provisions
of the Cupertino Municipal Code, these provisions shall be construed as
continuations of those provisions and not as an amendment to or readoption of the
earlier provisions.
SECTION 3: California Environmental Quality Act.
The City Council declares that no further environmental review is necessary under
CEQA Guidelines section 15162 and that the amendment to the Development
Agreement is in conformance with the previously adopted Mitigated Negative
Declaration (State Clearinghouse No. 2018112025).
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text.
The City Clerk shall post in the office of the City Clerk a certified copy of the full text
of the Ordinance listing the names of the City Council members voting for and
against the ordinance.
Ordinance No. 24-2258
Page 4
INTRODUCED at a special meeting of the Cupertino City Council on
April 3, 2024 and ENACTED at a regular meeting of the Cupertino City
Council on April 16, 2024 by the following vote:
Members of the City Council
AYES: Mohan, Fruen, Chao, Moore, Wei
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Sheila Mohan, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney Date
Christopher D. Jensen Apr 19, 2024
4/22/2024
4/22/2024
Ordinance No. 24-2258
Final Audit Report 2024-04-19
Created:2024-04-19
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAjpmCGPyRKQj_IWdg3694uUY5FTWV9li5
Ordinance No. 24-2258" History
Document created by Araceli Alejandre (aracelia@cupertino.org)
2024-04-19 - 6:44:43 PM GMT- IP address: 64.165.34.3
Document emailed to christopherj@cupertino.org for signature
2024-04-19 - 6:46:33 PM GMT
Email viewed by christopherj@cupertino.org
2024-04-19 - 6:48:25 PM GMT- IP address: 104.47.73.254
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2024-04-19 - 6:48:42 PM GMT- IP address: 136.24.22.111
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-04-19 - 6:48:44 PM GMT - Time Source: server- IP address: 136.24.22.111
Agreement completed.
2024-04-19 - 6:48:44 PM GMT
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby
certify the attached to be a true and correct copy of Ordinance No.
24-2258 which was enacted on April 16, 2024, and that it has been
published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and
seal this 27th day of March 2024.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California