Exhibit CC 09-18-2012#3 Sept. 4, 2012 Council Minutes cc 9/8-(2 3 4 cP.(1
Tuesday, September 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
Mayor Santoro offered a friendly amendment to revise the threshold language regarding
major non-residential and multi-family renovation/addition project to add the word
"substantial" to clarify that the applicable green requirements would be triggered if the
project is either replacing or substantially altering the HVAC system and the other defined
criteria listed in the Green Building Ordinance.
Mahoney offered a friendly amendment to increase the triggering threshold to 35,000 square
feet and above. The mover and seconder accepted the friendly amendments. The complete
motion noted below carried with Council member Chang voting no:
• The threshold for triggering LEED/GPR certification for major non-residential and multi-
family renovation/addition projects shall be set at 35,000 square feet and above
• Non-residential renovation/addition project defined as minor in size in the Green
Building Ordinance shall adhere to CA.LGreen's minimum thresholds for triggering
CALGreen building requirements
• Accept the proposed wording revisions to Section 101.10.2 —Alternative Green Building
Standards in the Green Building Ordinance from the Chamber of Commerce with the
exception of Subsection C
• Revise the threshold language regarding major non-residential and multi-family
renovation/addition project to add the word "substantial" to clarify that the applicable
green requirements would be triggered if the project is either replacing or substantially
altering the HVAC system and the other defined criteria listed in the Green Building
Ordinance
Council member Wong said that he was voting no because the ordinance isn't strict enough
and defeats the whole purpose of having a Green Building Ordinance.
Mahoney moved and Wong seconded to read the ordinance by title only and that the City
Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Santoro, Sinks
and Wong. Noes: Chang.
Mahoney moved and Wong seconded to adopt Resolution No. 12-097 amending the fee
schedule to be effective when the ordinance goes into effect which is July 1, 2013. The
motion carried unanimously.
Council recessed from 10:25 p.m. to 10:32 p.m.
14. Subject: Modification to the Main Street Cupertino mixed-use development
Recommended Action: Staff recommends approval of:
1. Adopt Resolution No 12-098 approving Modification (M-2012-03) to the previously-
approved Master Use Permit (U-2008-01 and M-2011-09) and Architectural and Site
Approval (ASA-2011-24) for a mixed-use project consisting of 130,500 square feet of retail,
a 180-room hotel, 260,000 square feet of office and a 120-unit market-rate live/work rental
loft residential development, including the modifications to the parking garage and retail
WP / GG 9 — 1 Z 't 3 c e.lci'eJ 2
Tuesday, September 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
spaces with one lane of eastbound traffic and a bike lane approved in association with
the project along Vallco Parkway to parallel parking spaces with two lanes of
eastbound traffic and a bike lane, if and when the City desires. Staff will work with
the applicant on the time frame that the "Parking Conversion" fund may be retained
by the City(at least 10 years) and the amount to be collected by the applicant.
h. Require the applicant to work with the applicant on an auto, bike and pedestrian
circulation plan.
i. The applicant shall provide free parking in the parking garage and on the surface
parking spaces for the retail and office uses. However, the hotel may charge parking
fees for its customers to park in the parking garage.
j. Include the following condition regarding the inspection of Calabazas Creek: The
developer agrees to have all bays of the Calabazas Creek Culvert, from Stevens Creek
through Vallco Parkway, inspected and videotaped prior to start of any construction
on site. An inspection report and 2 copies of the inspection video are to be provided
to the City prior to issuance of a permit to begin any work on site. The developer is
responsible for coordinating with and obtaining and permits from the Santa Clara
Valley Water District prior to beginning inspection operations.
k. The applicant shall add a Sheriff's substation on site to be incorporated into the
parking garage. The applicant shall work with staff on the appropriate location and
size of the substation.
I. The Phasing condition shall be modified to: 1. Clarify that the permits for the entire
project shall be valid for three years; 2. The project will be constructed in one phase;
and 2. Clarify in Condition No. 25C that certificates of completion for the shell, core,
exterior facades and related landscaping and improvements shall be obtained for all
retail buildings (remove reference to "east of Finch Avenue) prior to the certificate of
occupancy of the hotel or office buildings.
m. The 0.75 acre park is inclusive of the park area and the 20-foot wide landscape buffer
along the western perimeter of the site adjacent to the Metropolitan mixed-use
development.
Wong moved and Mahoney seconded, and the motion carried unanimously to adopt
Resolution No. 12-099 approving the Architectural and Site Approval (ASA-2012-10)
application for the conceptual approval of the 120-unit market-rate rental residential
live/work rental building with a 9,146 square foot retail condominium unit attached to the
residential building, and modifications to the parking garage and retail building footprints
and sizes with the same conditions as noted above.
Wong moved and Mahoney seconded, and the motion carried unanimously to adopt
Resolution No. 12-100 approving the Modification to the Tentative Map (TM-2012-04)
to subdivide the five (5) parcels into six (6) parcels including one lot for the retail, park and
town square, one parcel for each of the two office buildings, one lot for the hotel, one lot for
the market-rate rental residential building with 9,146 square foot retail condominium unit,
and one common area parcel for the parking garage to serve the retail, hotel and office
buildings with the same conditions as noted above.
Mahoney moved and Wong seconded to approve the second addendum to the Final Certified
2009 Environmental Impact Report EA-2012-05. The motion carried unanimously.
Tuesday, September 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
Mayor Santoro closed the public hearing.
Dave Van Atta attorney for Sand Hill who does the real estate documentation explained to
Council that he would work with the City Attorney to create covenants and declarations
running with the land to create a common area parcel owned by an association whose
members consist of retail, hotel, and office owners. He noted that the covenants couldn't be
modified without Council's consent.
Mahoney moved and Wong seconded, and the motion carried unanimously to adopt
Resolution No. 12-098 approving the Modification (M-2012-03) to the previously-approved
Master Use Permit (U-2008-01 and M-2011-09) and Architectural and Site Approval (ASA-
2011-24) for a mixed-use project consisting of 130,500 square feet of retail, a 180-room
hotel, a five-level parking garage with two levels of underground parking, a total of 1,984
parking spaces (including 85 on-street parking spaces along Vallco Parkway), 260,000
square feet of office, a 120-unit market-rate live/work rental loft residential development
with a 9,146 square foot retail condominium unit, modifications to the parking garage and
retail square footages and footprints, and the following additional conditions:
a. Remove the age-restriction on the housing component of the project, and approve as a
live/work loft rental apartment complex.
b. Include the following condition for the apartment complex: Require that the live/work
loft apartment complex remain as rental units and may not be converted to
condominium units.
c. Require the live/work loft apartment complex to provide parking at 1.8 parking
spaces/unit (add 12 additional parking spaces in the residential underground garage)
for a total of 216 parking spaces.
d. The applicant shall also provide an additional 32 parking spaces on site (either in the
shared parking garage or surface parking). This balance is based upon the difference
between the City's unshared parking rate required for the hotel, retail and office
buildings (1,769 spaces), credit of 42 on-street parking spaces along Vallco Parkway,
and the applicant's proposal for the hotel, retail and office parking (1,695 spaces).
(1,769 — 42 — 1,695 = 32 spaces). The applicant shall work with staff to incorporate
the additional spaces on site that may include enlarging the parking garage by
extending the upper story over alley to the east of the garage.
e. Retain the proposed 85 angled parking spaces and street improvements along the
south side of Vallco Parkway along the project frontage as approved in 2009 in
association with this project, until such time in the future the City decides to modify
the parking and street improvements along Vallco Parkway.
f. Include the following condition regarding the spaces on Vallco Parkway: All on-
street parking along Vallco Parkway remains public: The parking spaces along Vallco
Parkway are public parking spaces which shall always be available to the public.
These spaces cannot be limited to use by patrons or tenants of the Main Street
Development. The City may eliminate some or all of this parking at any time at its
sole discretion.
g. Include the following condition regarding a "Parking Conversion" Fund: Prior to
issuance of any building permit for the project, require that the applicant provide a
"Parking Conversion" fund that will allow the City to convert the angled parking