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02-02-16 Amended searchable packetCITY OF CUPERTINO AGENDA Tuesday, February 2, 2016 10300 Torre Avenue and 10350 Torre Avenue CITY COUNCIL 5:30 PM AMENDED Non-televised Special Closed Session (5:30) Followed by Televised Regular Meeting (6:45) Amended on 1/28/16 to update Item No. 15 Attachments B and C NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, February 02, 2016, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and the regular meeting following at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." SPECIAL MEETING CLOSED SESSION - 5:30 PM City Hall Conference Room A, 10300 Torre Avenue 1.Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al. ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL Page 1 CITY OF CUPERTINO 1 February 2, 2016City Council AGENDA CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Present Young Artist Awards to Saailey Palekar (Age 6-10), Kathy Liang (Age 11-14) and Maya Kapur (Age 15-18) Recommended Action: Present Young Artist Awards to Saailey Palekar (Age 6-10), Kathy Liang (Age 11-14) and Maya Kapur (Age 15-18) 2.Subject: Presentation of "TacoCat" transporation video by students Derrick Lee and Jonathan Fung and first place monetary award Recommended Action: View video presentation and present first place monetary award POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3.Subject: Approve the January 12 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 4.Subject: Approve the January 19 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5.Subject: Approve the January 25 (commission interviews) City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6.Subject: Approve the January 26 (commission interviews) City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page 2 CITY OF CUPERTINO 2 February 2, 2016City Council AGENDA 7.Subject: Accept Accounts Payable for the period ending December 18, 2015 Recommended Action: Adopt Resolution No. 16-011 accepting Accounts Payable for the period ending December 18, 2015 A - Draft Resolution B - AP Report 8.Subject: Accept Accounts Payable for the period ending December 30, 2015 Recommended Action: Adopt Resolution No. 16-012 accepting Accounts Payable for the period ending December 30, 2015 A - Draft Resolution B - AP Report 9.Subject: Letter Agreement between The Irvine Company, LLC, a California limited liability company and the City of Cupertino, a municipal corporation agreeing to an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange Improvement Project and to be credited against Irvine Company’s $7,000,000 future contribution that is currently contemplated as a Development Agreement item for their proposed development for the Hamptons Apartment Project at 19500 Pruneridge Avenue Recommended Action: 1)Authorize the City Manager to execute an agreement with the Irvine Company, LLC to accept an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange Project 2)Amend approved FY 15/16 Operating Budget by an additional expense amount of $1,200,000 for I-280/Wolfe Road Interchange Project budget 3) Amend approved FY 15/16 Operating Budget by an additional revenue amount of $1,200,000 for I-280/Wolfe Road Interchange Project budget Staff Report A - Draft Funding Agreement 10.Subject: Bubb, Elm & McClellan Storm Drain/Sanitary Sewer Improvement Project - Increase Contingency Authorization Recommended Action: Authorize an increase in the construction contingency amount by an additional $32,000 with funds from the current appropriated project budget Staff Report 11.Subject: Discontinue headline translations Recommended Action: Discontinue headline translations and redirect the funds to other budget priorities Staff Report 12.Subject: Transportation Tax Measure Allocations Page 3 CITY OF CUPERTINO 3 February 2, 2016City Council AGENDA Recommended Action: Approve advocacy direction to City representatives regarding the proposed Santa Clara County sales tax, including general funding levels within expenditure categories, as developed in coordination with other North County and West Valley cities Staff Report A - Draft VTP 2040 Project List 8-19-15 B - CC Resolution No. 15-077 Implementation of Long-Term Mass Transit Solutions Near Highway 85 Corridor SECOND READING OF ORDINANCES 13.Subject: Second Reading of Ordinance amending the Cupertino Municipal Code to prohibit marijuana cultivation, dispensaries, and deliveries and commercial cannabis activities within the City of Cupertino. (Application No. MCA-2015-01; Location: City-wide; Applicant: City of Cupertino) Recommended Action: Conduct the second reading and adopt Ordinance No. 16-2140: “An Ordinance of the City Council of the City of Cupertino Amending Section 19.08.030 and adding Chapter 19.98 of Title 19 of the Cupertino Municipal Code Regarding Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities, and Medical Marijuana Deliveries” Staff Report A - Draft Ordinance 14.Subject: An ordinance amending Sections 14.04.100 and 18.56.040 of the Cupertino municipal code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project. Recommended Action: Conduct the second reading and enact Ordinance No. 16-2141: “An Ordinance of the City Council of the City of Cupertino amending Sections 14.04.100 and 18.56.040 of the Cupertino Municipal Code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project,” with an amendment directed by the City Council during the first reading of the ordinance amendment on January 19, 2016 to include a provision in the ordinance language such that the city council determines the percent of a waiver to offer for right of way acquisition for individual projects as they are approved during the CIP budget process, to facilitate the provision of sidewalks and street widening in certain areas where pedestrians and bicyclists are prevalent Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance PUBLIC HEARINGS Page 4 CITY OF CUPERTINO 4 February 2, 2016City Council AGENDA ORDINANCES AND ACTION ITEMS 15.Subject: Review and consider two development proposals (the Goodyear Tire and Oaks sites) submitted for consideration by the City Council to authorize the applicants to submit an application for General Plan Amendments and staff to commence environmental and project review. (Application No.(s): GPAAuth-2015-01 & GPAAuth-2015-02; Applicant: KT Urban, Mark Tersini and De Anza Ventures (Oaks shopping center); Location: 21255-21755 Stevens Creek Boulevard, 10931 N. De Anza Boulevard (Goodyear Tire); APN: 326-27-039, -040 and -041; 326-10-058) Recommended Action: Staff recommends that the City Council adopt Resolution No. 16-013 after determining which applications are authorized to move forward to apply for General Plan Amendments Staff Report A - Draft Resolution No. 16-013 A.1 - CC Reso No. 15-078: Policy on Authorization of General Plan Amendment applications B - Goodyear Tire project plans C - Oaks project plans D - Correspondence E1 - Economic Analysis_Hotel_Memo_01_21_16 E2 - Economic Analysis_Oaks_Memo_01.21.16 REPORTS BY COUNCIL AND STAFF 16.Subject: Construction Project Updates Recommended Action: Receive updates 17.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 5 CITY OF CUPERTINO 5 February 2, 2016City Council AGENDA The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 6 CITY OF CUPERTINO 6 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1408 Name: Status:Type:Closed Session Agenda Ready File created:In control:1/22/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al. Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council2/2/20161 Subject:ConferencewithLegalCounsel-ExistingLitigationpursuanttoParagraph(1)of subdivision(d)ofGovernmentCodeSection54956.9.Nameofcase:CityofSaratoga;Cityof Cupertino; Town of Los Gatos v. California Department of Transportation, et al. CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™7 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1313 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:1/7/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Present Young Artist Awards to Saailey Palekar (Age 6-10), Kathy Liang (Age 11-14) and Maya Kapur (Age 15-18) Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council2/2/20161 Subject:PresentYoungArtistAwardstoSaaileyPalekar(Age6-10),KathyLiang(Age11-14) and Maya Kapur (Age 15-18) PresentYoungArtistAwardstoSaaileyPalekar(Age6-10),KathyLiang(Age11-14)and Maya Kapur (Age 15-18) CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™8 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1411 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:1/25/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Presentation of "TacoCat" transporation video by students Derrick Lee and Jonathan Fung and first place monetary award Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council2/2/20161 Subject:Presentationof"TacoCat"transporationvideobystudentsDerrickLeeandJonathan Fung and first place monetary award View video presentation and present first place monetary award CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™9 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1316 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/7/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Approve the January 12 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council2/2/20161 Subject: Approve the January 12 City Council minutes Approve the minutes CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™10 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, January 12, 2016 SPECIAL CITY COUNCIL MEETING 1. ROLL CALL At 3:05 p.m. Mayor Chang called the Special City Council meeting to order in the Cupertino City Hall Emergency Operations Center (EOC), 10300 Torre Avenue, Cupertino, CA 95014. Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. 2. MAYOR'S OPENING REMARKS Mayor Chang commented that this meeting was for each Council member to talk about the top three items each would like to see accomplished this year on the City Council. 3. GOAL SETTING - Items to be potentially included on future City Council Agendas in 2016 Council member Paul talked about: 1. Affordable housing and leveraging housing impact funds to partner with non-profits in addition to leveraging rental developers to include inclusionary units; 2. Getting a small business development center in Cupertino – need to look into space and funding; Continue moving forward on acquiring a park on the east side of town, in addition to looking into upgrading the Lawrence/Stevens Creek interchange along Calabasas Creek. Vice Mayor Vaidhyanathan talked about: 1. Developing affordable housing for seniors near stores, transit areas and other services, such as The Oaks or Cupertino Senior Center which would allow seniors to be more mobile; 2. Upgraded Teen Center and additional programs for teens and children in the 11 2 community including education on how local government works and what is happening in the community; 3. Developing a public/private partnership to help build facilities such as an Emergency Operations Center and/or new City Hall, and how this type of partnership can give back to the community; 4. Traffic calming measures to allow people to walk and bike more easily in Cupertino; 5. More and better communication with residents. Council member Sinks talked about: 1. Improving transit on the Highway 85 corridor so people can travel more easily to their jobs in the North Bay; 2. Encouraging a Valley Transportation Authority (VTA) transit center on Stevens Creek and Highway 85 near The Oaks and think about what land might be available for a transit center on the east side of town that would efficiently connect with private buses and public transit; 3. Plan and develop bike and pedestrian pathways across all parts of town and continue the working group regarding safe routes to schools; 4. Look at supporting state initiatives and actions regarding gun control; 5. Build a seismically safe City Hall; 6. Put employee based business license tax on the November, 2016 ballot. Council member Wong talked about: 1. Expanding parking at the Civic Center, possibly using the Library Field or adding a parking garage; 2. Building a community room at the Cupertino Library or other location in Cupertino; 3. Continue to look at moving the Historical Society to McClellan Ranch; 4. Expanding the Sister City program; 5. Reviewing the parking ordinance to ensure adequate guest parking in residential areas. Mayor Chang talked about: 1. Doing something about climate change and tie in to the Community Choice Energy (CCE) program and provide shuttle buses to help with traffic; 2. Encourage Lehigh to sell their property and/or force them to comply with the law; 3. Pass meaningful gun control legislation; 4. Extend Walk one Week (WOW) program and block the surrounding streets near schools for the duration of the program. Mayor Chang opened up the meeting for public comment. Cupertino Planning Commissioner Don Sun talked about temporarily (no more than 10 months) adding an hour before the start of the Planning Commission meeting for the public to express concerns to the Commission on any upcoming development projects. 12 3 Annabelle Chan speaking on behalf of the Cupertino Teen Commission provided input on the new Vallco development to add a new Teen Center since the current one is not in a useful space. She also asked for direct funding from Council for the WOW program since funding currently comes from the Bicycle Pedestrian Commission. Gary Latshaw talked about energy efficiency and climate change. He distributed information from Prof. James Sweeney at Stanford University. He also talked about a Cupertino resident who built an energy efficient house and asked that the gentleman be allowed to speak to the City Council about it. Mr. Latshaw also talked about an innovative transit program. Pete Heller speaking on behalf of the Cupertino Bicycle Pedestrian Commission talked about issues regarding climate, traffic and transportation, especially adding Class 4 bike lanes (which are protected lanes with a physical barrier between bicycles and autos) along major arteries, in addition to adding a class one bike lane off the roadway and parallel to the Union Pacific Railroad tracks. He noted that the new 2016 Bicycle Transportation Plan that the Commission has been working on will come to Council for approval in May. Peggy Griffin talked about making sure a potential bicycle pathway along the Hwy 280 sound wall goes from Wolfe all the way to De Anza and negotiate with Apple to also take it to Lawson Middle School, which would be a step toward taking the pathway to the Don Burnett Bridge and Homestead High School. She asked for negotiations with employers for an easement to allow not only their employees but also the public to be able to use the pathway. Annie Ho speaking as a resident and not as a member of the Cupertino Library Commission talked about needing a community room at the Cupertino Library to handle the many programs including the ability to run multi-media. She said that the Library Commission had already mentioned the need for a story room expansion. Mehrnaz Faramarzi, student at De Anza College, talked about offering more opportunities for seniors including not charging them for organizing a group event. Council members talked in more detail about their top items mentioned including a discussion on adding an employee based business license tax on the November, 2016 ballot to be used for meaningful transit improvements as 13 4 proposed by Sinks. The proposal was supported by Chang but the other Council members had concerns about competing ballot measures, it not being the right mechanism for funding and needing further information. Council consensus was for Sinks to continue to work with Carl Guardino and VTA for now. Council followed up with staff regarding comments made from the public:  The potential bicycle pathway along the Hwy 280 sound wall would be reviewed in the Bicycle Transportation Plan  The Class 4 bike lanes would be reviewed in the Bicycle Transportation Plan and staff would look into the suggestion to initiate negotiations with Union Pacific regarding the Class 1 bike lane  Mr. Latshaw could be encouraged to apply for the Sustainability Commission  Funding for WOW would be budgeted  Staff would follow-up with the Planning Commission regarding meeting an hour earlier for public input Council concurred to ask staff to look into and possibly agendize the following topics:  Gun control initiative - would be added to the Work Program  Civic Center development  Parking ordinance potential revision - already on the Work Program  Non-profit space (Teen Center & Historical Society space already being looked into; Library story room currently in the budget) Council also discussed and concurred on the following regarding the duration of City Council meetings:  The goal would be for all Council meetings to end by 11:00 p.m.  If there are still items on the agenda to discuss, a majority of the Council would decide to extend the meeting for another hour or continue the items to either the next day or the next regularly scheduled Council meeting  A majority of the Council would decide each hour whether to extend the meeting another hour if there are still agenda items to discuss  The meeting would be cut off at 1:00 a.m. and a majority of the Council would decide to either continue the rest of the items to the next day or to the next regularly scheduled meeting 14 5  Council members would try to keep their deliberation comments to no more than five minutes 4. ORAL COMMUNICATIONS None 5. ADJOURNMENT At 5:08 p.m., Mayor Chang adjourned the meeting. _______________________________ Grace Schmidt, City Clerk 15 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1240 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:11/19/2015 City Council On agenda:Final action:2/2/2016 Title:Subject: Approve the January 19 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council2/2/20161 Subject: Approve the January 19 City Council minutes Approve the minutes CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™16 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, January 19, 2016 SPECIAL CITY COUNCIL MEETING ROLL CALL At 4:45 p.m. Mayor Barry Chang called the Special City Council meeting to order in Cupertino City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. Council went into closed session and reconvened the special meeting in open session at 5:40 p.m. in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue for the study session. CLOSED SESSION 1. Subject: Conference with Legal Counsel-Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9. One case. Mayor Chang announced that Council gave direction. 2. Subject: Conference with Legal Counsel-Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. Two cases. Mayor Chang announced that Council gave direction to staff. 3. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset. Mayor Chang announced that Council gave direction to staff. 17 City Council Minutes January 19, 2016 2 STUDY SESSION 4. Subject: Study session regarding Economic Development Strategic Plan (EDSP) draft background report Recommended Action: Conduct study session and provide direction to staff Written communications for this item included a staff PowerPoint presentation. Economic Development Manager Angela Tsui and Sujata Srivastava, Principal Strategic Economics, Inc. reviewed the draft background report via a PowerPoint presentation. Council provided the following direction to staff:  Acquire more recent employment and employer data  Look at property taxes for breakdown of usage  Look at different types of uses and their impact to local entities  Look at other potential uses of areas  Advise what City can do to help companies find space and what types of space they are looking for  Overlay business license data to look at self-employed businesses  Look into trend in bay area and nationally regarding retail only or traditional mall formats vs. mixed use  Look further into the hotel situation, whether or not the city has a shortage or surplus of rooms  Advise what types of amenities or infrastructure attracts employers and employees Ms. Tsui noted that a draft strategic plan would come back to Council probably in the spring for further direction before moving forward with more concrete plans. 5. Subject: Study Session to consider entering into a Memorandum of Understanding with the Rotary Club of Cupertino to renovate the Stocklmeir home and surrounding property to utilize as a non-profit center for Cupertino Recommended Action: Conduct a study session to consider the Rotary’s proposal and direct staff to: 1. Put this item on a future Council agenda; 2. Provide additional information for Council consideration; or 3. Not pursue this proposal 18 City Council Minutes January 19, 2016 3 Council member Sinks recused himself from this item and left the dais. Director of Recreation and Community Services Carol Atwood introduced the item and Cupertino Rotary President Wendell Stephens made a presentation to Council. He answered questions from Council. Janet Trankle thanked Rotary for its efforts to restore the building. Kim Stocklmeir thanked Rotary for its efforts to preserve the orchard and house. Council comments included: shorten lease term to 15 years initially and bi-lateral agreement to renew every 15 years; include non-profit and residential usage of property in agreement and specify how usage is divided up; encourage youth to use property; recognize Stocklmeir name somewhere; look into finding home for Cupertino Historical Society; more detail on sewer cost. Council gave direction to staff to come back at another study session with a draft agreement and more detail on renovation cost. ADJOURNMENT At 6:57 p.m. Mayor Chang adjourned the special meeting. REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 7:02 p.m. Mayor Barry Chang called the Regular City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. 19 City Council Minutes January 19, 2016 4 CEREMONIAL MATTERS AND PRESENTATION 1. Subject: Update from the Technology, Information, and Communications Commission Recommended Action: Receive the update Written communications for this item included a PowerPoint presentation. Technology, Information, and Communications Commission Chair Rod Livingood gave an update via a PowerPoint presentation. Council received the presentation. POSTPONEMENTS - None ORAL COMMUNICATIONS Cathy Helgerson talked about the Lehigh Southwest Cement plant causing pollution and the petition from Better Cupertino. She distributed written comments. Jon Willey talked about proposed development at The Oaks and Goodyear Tire. He distributed written comments. Staci Yee read a letter published in the Cupertino Courier regarding what Cupertino used to be and current issues with high density buildings and traffic congestion. Phyllis Dickstein talked about issues with collecting petition signatures at Cupertino facilities. Rhoda Fry talked about noise pollution issues in her area potentially coming from Lehigh. Joan Chin talked about increasing traffic in and around Cupertino and offered some solutions. Peggy Griffin talked about concern over the amount of development in the community and the residents having a voice with the Initiative petition. Liang-Fang Chao on behalf of the Cupertino Citizens Sensible Growth Initiative group talked about the Initiative. She distributed written comments. 20 City Council Minutes January 19, 2016 5 Liana Crabtree talked about issues with collecting petition signatures at Cupertino facilities. She read a statement into the record. Lisa Warren talked about a Letter of Intent from Sand Hill Properties to the Cupertino Union School District regarding a new school proposal. Steven Scharf talked about the Stocklmeir restoration proposal. David Alesio talked about issues with noise pollution and identifying where a specific noise might be coming from. Don Sun talked about venues for residents to speak and encouraged them to speak at the Planning Commission meetings. Jerry Sheahan talked about the Hills at Vallco project and the financial backers of the Sand Hill developers. Susan Chen talked about supporting a public vote for Cupertino development and no support for rezoning Vallco. CONSENT CALENDAR Wong moved and Savita seconded to approve the items on the Consent Calendar as presented with the exception of item numbers 9 and 10 which were pulled for discussion. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 2. Subject: Approve the December 1 City Council minutes Recommended Action: Approve the minutes 3. Subject: Accept Accounts Payable for the period ending November 13, 2015 Recommended Action: Adopt Resolution No. 16-001 accepting Accounts Payable for the period ending November 13, 2015 4. Subject: Accept Accounts Payable for the period ending November 20, 2015 Recommended Action: Adopt Resolution No. 16-002 accepting Accounts Payable for the period ending November 20, 2015 21 City Council Minutes January 19, 2016 6 5. Subject: Accept Accounts Payable for the period ending November 25, 2015 Recommended Action: Adopt Resolution No. 16-003 accepting Accounts Payable for the period ending November 25, 2015 6. Subject: Accept Accounts Payable for the period ending December 4, 2015 Recommended Action: Adopt Resolution No. 16-004 accepting Accounts Payable for the period ending December 4, 2015 7. Subject: Accept Accounts Payable for the period ending December 11, 2015 Recommended Action: Adopt Resolution No. 16-005 accepting Accounts Payable for the period ending December 11, 2015 8. Subject: Application for Alcoholic Beverage License for Deep Cliff Golf Course, 10700 Clubhouse Lane Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Deep Cliff Golf Course, 10700 Clubhouse Lane 9. Subject: Summary Vacation of a Wire Clearance Easement within the Civic Center property at 10300 Torre Avenue Recommended Action: Adopt Resolution No. 16-006 summarily vacating a wire clearance easement within the Civic Center property at 10300 Torre Avenue Staff answered questions from Council. Wong moved and Vaidhyanathan seconded to adopt Resolution No. 16-006 summarily vacating a wire clearance easement within the Civic Center property at 10300 Torre Avenue. The motion carried unanimously. 10. Subject: Update on Permanent Program for Early Morning Collection of Solid Waste Containers on Select Streets in the Tri-School Area. Recommended Action: Receive report with no changes recommended to permanent program. Sinks recused himself from voting on this item and left the dais. Mayor Chang opened public comment and the following individuals spoke: 22 City Council Minutes January 19, 2016 7 Julie Johnson Rhoda Fry Scott Hughes Revathy Narasimhan Cynthia Cheng Recology General Manager John Zirelli and staff answered questions from Council. Wong moved and Vaidhyanathan seconded to receive the report with no changes recommended to permanent program and gave direction to staff to bring a report back to Council in about 9 months. The motion carried with Sinks recusing. Sinks returned to the dais. SECOND READING OF ORDINANCES 11. Subject: Second reading of ordinance directing actions related to the formation of, and Cupertino’s membership in, the Silicon Valley Clean Energy Authority (SVEA), an independent joint powers authority, which will provide a Community Choice Aggregation Program to offer clean energy alternatives for Cupertino residents and businesses Recommended Action: 1. Conduct the second reading of the Ordinance No. 15-2138: “An Ordinance of the City Council of the City of Cupertino Authorizing the Implementation of a Community Choice Agg regation Program” to create and participate in the Silicon Valley Clean Energy Authority; and 2. Appoint a regular Director and alternate Director to the Authority’s Boar d of Directors and direct staff to add Council’s appointment to the Authority to the future Council committee assignments calendar City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Sinks seconded to read Ordinance No. 15-2138 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Wong moved and Sinks seconded to enact Ordinance No. 15-2138. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 23 City Council Minutes January 19, 2016 8 Council reordered the agenda to take up item number 13 under Ordinances and Action Items next. ORDINANCES AND ACTION ITEMS 13. Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 15-112 Recommended Action: Note objections and adopt Resolution No. 16-007 ordering abatement of a public nuisance (weeds) City Clerk Grace Schmidt reviewed the staff report. Wong moved and Paul seconded to adopt Resolution No. 15-112 ordering abatement of a public nuisance (weeds). The motion carried unanimously. Council continued with item number 12 under Public Hearings. PUBLIC HEARINGS 12. Subject: Enact an Urgency Ordinance and conduct the first reading of an ordinance amending the Cupertino Municipal Code to prohibit marijuana cultivation, dispensaries, and deliveries and commercial cannabis activities within the City of Cupertino. (Application No. MCA-2015-01; Location: City-wide; Applicant: City of Cupertino) Recommended Action: 1. Find that the proposed actions are exempt from CEQA; and 2. Enact Urgency Ordinance No. 16-2139: “An Interim Urgency Ordinance of the City Council of the City of Cupertino establishing a moratorium on Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities and Medical Marijuana deliveries within the City of Cupertino pending completion of an update to the City’s Zoning Code”; and 3. Conduct the first reading of Ordinance No. 16-2140: “An Ordinance of the City Council of the City of Cupertino amending Section 19.08.030 and adding Chapter 19.98 of Title 19 of the Cupertino Municipal Code regarding Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities, and Medical Marijuana Deliveries” Written communications for this item included a staff PowerPoint presentation. Senior Planner Adam Petersen reviewed the staff report via a PowerPoint presentation. 24 City Council Minutes January 19, 2016 9 Mayor Chang opened the public hearing and the following individuals spoke: Cathy Helgerson (distributed written comments) Pam Rabeck Mayor Chang closed the public hearing. City Clerk Grace Schmidt read the title of the urgency ordinance. Wong moved and Sinks seconded to read Urgency Ordinance No. 16-2139 by title only and that the City Clerk’s reading would constitute the only reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Wong moved and Sinks seconded to enact Urgency Ordinance No. 16-2139. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. City Clerk Grace Schmidt read the title of the regular ordinance. Wong moved and Sinks seconded to read Ordinance No. 16-2140 by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. ORDINANCES AND ACTION ITEMS continued 14. Subject: Consideration of Proposed Lease with Verizon Wireless for a cell tower to be located on the Civic Center Property (Torre Avenue), subject to the terms of any City- issued permits Recommended Action: Adopt Resolution No. 16-008 to: 1. Authorize the City Manager to execute an Antenna Ground Lease between the City of Cupertino and GTE Mobilnet dba Verizon for a term of up to 5 years, for a cell tower to be located on the Civic Center Property, in substantially the form as presented to Council, and subject to the terms of any City-issued permits; and 2. Authorize the City Manager to negotiate and execute up to two five year (5-year) options consistent with the terms of the Lease Written communications for this item included an amended staff report. Public Affairs Director Rick Kitson reviewed the staff report. 25 City Council Minutes January 19, 2016 10 Mayor Chang opened public comment and the following individuals spoke: Rod Livingood (on behalf of the Cupertino Technology, Information, and Communications Commission - TICC) Anna Soland Santa Clara County Fire Chief John Justice Santa Clara County Sheriff’s Office Capt. Rick Sung Ken Erikson (on behalf of Cupertino Office of Emergency Services) David Alesio Wong moved and Sinks seconded to adopt Resolution No. 16-008 to: 1. Authorize the City Manager to execute an Antenna Ground Lease between the City of Cupertino and GTE Mobilnet dba Verizon for a term of up to 5 years, for a cell tower to be located on the Civic Center Property, in substantially the form as presented to Council, and subject to the terms of any City-issued permits; and 2. Authorize the City Manager to negotiate and execute up to two five year (5-year) options consistent with the terms of the Lease. The motion carried unanimously. 15. Subject: An ordinance amending sections 14.04.100 and 18.56.040 of the Cupertino municipal code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project. Recommended Action: Conduct the first reading of Ordinance No. 16-2141: “An Ordinance of the City Council of the City of Cupertino amending Sections 14.04.100 and 18.56.040 of the Cupertino Municipal Code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project,” to facilitate the provision of sidewalks and street widening in certain areas where pedestrians and bicyclists are prevalent. Written communications for this item included a staff PowerPoint presentation. Director of Public Works Timm Borden reviewed the staff report via a PowerPoint presentation. Mayor Chang opened public comment and the following individuals spoke: Cathy Helgerson Lisa Warren Peggy Griffin 26 City Council Minutes January 19, 2016 11 City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Vaidhyanathan seconded to read Ordinance No. 15-2141 by title only and that the City Clerk’s reading would constitute the first reading thereof with the following amendment: Amend ordinance language such that the City Council determines the percent of a waiver to offer for right of way acquisition for individual projects as they are approved during the CIP Budget process. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 16. Subject: Proposed Initiative submitted by Cupertino Residents for Sensible Zoning Action Committee Recommended Action: Adopt Resolution No. 16-009 directing City staff to prepare a report on the effects of the Initiative pursuant to Elections Code Section 9212 Written communication for this item included a resident email and an amended resolution. City Manager David Brandt reviewed the staff report. Mayor Chang opened public comment and the following individuals spoke: Cathy Helgerson Liang-Fang Chao (on behalf of Cupertino Citizens Sensible Growth Initiative) Peggy Griffin Jennifer Griffin Wong moved and Sinks seconded to adopt Resolution No. 16-009 directing City staff to prepare a report on the effects of the Initiative pursuant to Elections Code Section 9212. The motion carried unanimously. 17. Subject: Council committee assignments Recommended Action: Approve assignments Written communications for this item included the draft Council committee assignments chart. 27 City Council Minutes January 19, 2016 12 Wong moved and Vaidhyanathan seconded to approve the assignments. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 18. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Chang and Sinks agreed to agendize the following items:  Regional transportation issues regarding the proposed Santa Clara County sales tax for first meeting in February  Noise issues at Lehigh Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:05 p.m., Mayor Chang adjourned the meeting to the regular meeting of Tuesday, February 2, 10350 Torre Avenue, Community Hall Council Chamber, Cupertino, CA. Note: A special meeting of the Cupertino Public Facilities Corporation followed tonight’s regular City Council meeting. _______________________ Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 28 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1336 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/7/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Approve the January 25 (commission interviews) City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council2/2/20161 Subject: Approve the January 25 (commission interviews) City Council minutes Approve the minutes CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™29 1 DRAFT MINUTES CUPERTINO CITY COUNCIL Monday, January 25, 2016 SPECIAL CITY COUNCIL MEETING At 4:09 p.m. Mayor Barry Chang called the Special City Council meeting to order in Cupertino City Hall Conference Room A, 10300 Torre Avenue. ROLL CALL Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. ORAL COMMUNICATIONS - None COMMISSIONS INTERVIEWS Written Communications for this item included a resident email to Council. 1. Subject: Interview applicants for commissions with vacancies and terms expiring: Sustainability, Parks and Recreation, Fine Arts, and Public Safety Recommended Action: Conduct interviews and make appointments The City Council interviewed applicants for the Sustainability Commission and appointed Meera Ramanathan to a full term ending 1/30/20, Vignesh Swaminathan to a full term (Business Representative) ending 1/30/20, Anna Weber to a full term (Educational Representative) ending 1/30/20, Gary Latshaw to a partial term (counts as full) ending 1/30/18, and Angela Chen to a partial term (counts as full) ending 1/30/18. The City Council interviewed applicants for the Parks and Recreation Commission and re-appointed Helene Davis and Judy Wilson to full terms ending 1/30/20. 30 City Council Minutes January 25, 2016 2 The City Council interviewed applicants for the Fine Arts Commission and appointed Janki Chokshi to a partial term (counts as full) ending 1/30/19. The City Council interviewed applicants for the Public Safety Commission and re- appointed Robert McCoy and Andy Huang to full terms ending 1/30/20, and appointed Neha Sahai to a full term ending 1/30/20. ADJOURNMENT At 9:45 p.m., Mayor Chang adjourned the meeting to Tuesday, January 26 at 6:55 p.m. for a special meeting regarding teleconferencing followed by Commission Interviews, 10300 Torre Avenue, City Hall Conference Room A, Cupertino, CA. _______________________________ Kirsten Squarcia, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. 31 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1337 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/7/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Approve the January 26 (commission interviews) City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council2/2/20161 Subject: Approve the January 26 (commission interviews) City Council minutes Approve the minutes CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™32 1 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, January 26, 2016 SPECIAL CITY COUNCIL MEETING At 7:26 p.m. Mayor Barry Chang called the Special City Council meeting to order in Cupertino City Hall Conference Room A, 10300 Torre Avenue. ROLL CALL Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. ORAL COMMUNICATIONS - None COMMISSIONS INTERVIEWS 1. Subject: Interview applicants for commissions with terms expiring: Housing, Audit Committee, and Technology, Information, and Communications Commission (TICC) Recommended Action: Conduct interviews and make appointments The City Council interviewed applicants for the Housing Commission and appointed Nina Daruwalla (Business Representative) to a full term ending 1/30/20 and re- appointed Krista Wilson to a full term ending 1/30/20. The City Council interviewed applicants for the Audit Committee and appointed Peter Shin and Mark Zavislak to full terms ending 1/30/20. The City Council interviewed applicants for the Technology, Information, and Communications Commission and appointed Arnold de Leon to a full term ending 1/30/20 and re-appointed Shishir Chavan to a full term ending 1/30/20. ADJOURNMENT 33 City Council Minutes January 26, 2016 2 At 9:48 p.m., Mayor Chang adjourned the meeting to the regular meeting of Tuesday, February 2, 10350 Torre Avenue, Community Hall Council Chamber, Cupertino, CA. _______________________ Kirsten Squarcia, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. 34 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1366 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/14/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Accept Accounts Payable for the period ending December 18, 2015 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council2/2/20161 Subject: Accept Accounts Payable for the period ending December 18, 2015 AdoptResolutionNo.16-011acceptingAccountsPayablefortheperiodendingDecember18, 2015 CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™35 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING December 18, 2015 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this second day of February, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1373 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/14/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Accept Accounts Payable for the period ending December 30, 2015 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council2/2/20161 Subject: Accept Accounts Payable for the period ending December 30, 2015 AdoptResolutionNo.16-012acceptingAccountsPayablefortheperiodendingDecember30, 2015 CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™59 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING December 30, 2015 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this Second day of February, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1271 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:12/9/2015 City Council On agenda:Final action:2/2/2016 Title:Subject: Letter Agreement between The Irvine Company, LLC, a California limited liability company and the City of Cupertino, a municipal corporation agreeing to an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange Improvement Project and to be credited against Irvine Company’s $7,000,000 future contribution that is currently contemplated as a Development Agreement item for their proposed development for the Hamptons Apartment Project at 19500 Pruneridge Avenue Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Funding Agreement Action ByDate Action ResultVer. City Council2/2/20161 Subject:LetterAgreementbetweenTheIrvineCompany,LLC,aCalifornialimitedliability companyandtheCityofCupertino,amunicipalcorporationagreeingtoanadvance contributionof$200,000tobeusedfortheI-280/WolfeRoadInterchangeImprovementProject andtobecreditedagainstIrvineCompany’s$7,000,000futurecontributionthatiscurrently contemplatedasaDevelopmentAgreementitemfortheirproposeddevelopmentforthe Hamptons Apartment Project at 19500 Pruneridge Avenue 1)AuthorizetheCityManagertoexecuteanagreementwiththeIrvineCompany,LLCto acceptanadvancecontributionof$200,000tobeusedfortheI-280/WolfeRoad Interchange Project 2)AmendapprovedFY15/16OperatingBudgetbyanadditionalexpenseamountof $1,200,000 for I-280/Wolfe Road Interchange Project budget 3)AmendapprovedFY15/16OperatingBudgetbyanadditionalrevenueamountof $1,200,000 for I-280/Wolfe Road Interchange Project budget CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™75 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: February 2, 2016 Subject Letter Agreement between The Irvine Company, LLC, a California limited liability company and the City of Cupertino, a municipal corporation agreeing to an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange Improvement Project and to be credited against Irvine Company’s $7,000,000 future contribution that is currently contemplated as a Development Agreement item for their proposed development for the Hamptons Apartment Project at 19500 Pruneridge Avenue. Recommended Action 1) Authorize the City Manager to execute an agreement with the Irvine Company, LLC to accept an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange Project. 2) Amend approved FY 15/16 Operating Budget by an additional expense amount of $1,200,000 for I-280/Wolfe Road Interchange Project budget. 3) Amend approved FY 15/16 Operating Budget by an additional revenue amount of $1,200,000 for I-280/Wolfe Road Interchange Project budget. Background In anticipation of increasing traffic demands and the need for enhanced multi-modal connectivity along Wolfe Road across I-280, the VTA is initiating a Project Study Report/Project Initiation Document (PSR/PID) for the purpose of identifying alternatives for a new overcrossing of Wolfe Road at I-280. Following completion of the PSR/PID, a Project Approval/Environmental Document (PAED) will be completed, with the goal being final Plans, Specifications and Estimates (PS&E) and ultimately construction of a new interchange. It is anticipated that the studies and engineering described above would take approximately 5 years to complete, with construction beginning around the year 2020. Discussion At the November 17, 2015 meeting, City Council approved a funding agreement between the City of Cupertino and the VTA for the I-280/Wolfe Road Interchange Improvement Project. The funding agreement identifies the respective obligations of 76 the City and VTA with regard to the project, and specified an initial developer-funded City contribution of $1,200,000 for the PID phase of the project. Apple has already deposited $1,000,000 with the City as part of their Apple Campus 2 Development Agreement for the purpose of funding the I-280/Wolfe Road Interchange Project. This amount will be applied towards the $1,200,000 PID phase. The Irvine Company, LLC will be offering to contribute $7,000,000 as a pro rata fair- share contribution to the I-280/Wolfe Road Interchange Project as a condition of their Development Agreement with the City for the proposed Hamptons Apartment Project. Under the current Letter Agreement, they are agreeing to provide an advance of $200,000, credited towards the $7,000,000, in order to supplement Apple’s $1,000,000 deposit to allow the PID phase of the project to proceed. The $200,000 is non- refundable, and is not contingent upon the actual approval or construction of the I- 280/Wolfe Road interchange or approval or construction of the proposed Hamptons Apartment Project. Sustainability Impact N/A Fiscal Impact There is no fiscal impact to the City. The developer contributions will reimburse the City for the total cost of $1,200,000, resulting in zero impact to the general fund. Funds will be added to Traffic Engineering expense account number 100-88-844 900-XXX and revenue account number 100-88-844 450-404. _____________________________________ Prepared by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A - Draft Funding Agreement between the City of Cupertino and the Santa Clara Valley Transportation Authority (I-280/Wolfe Road Interchange Improvements Project) 77 THE IRVINE COMPANY, LLC 690 N. McCarthy Blvd., Suite 100 Milpitas, CA 95035 January 19, 2016 David Brandt, City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 Subject: Letter Agreement between The Irvine Company, LLC, a California limited liability company and the City of Cupertino, a municipal corporation agreeing to an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange and to be credited against Irvine Company’s $7,000,000 future contribution for The Hamptons Apartment Project to be constructed at 19500 Pruneridge Avenue, Cupertino Dear David: This letter constitutes a Letter Agreement between The Irvine Company, LLC, a California limited liability company (“Irvine Company”) and the City of Cupertino, a municipal corporation (“City”). Irvine Company agrees to provide an advance of $200,000 payable to the City, concurrently with the execution of this letter by the City Manager for the sole and exclusive purpose of contributing to all aspects of the completion, of the I-280/ Wolfe Road Interchange Project, including any and all studies, design work and construction of project facilities. The Irvine Company’s payment represents an advance against the future contribution of $7,000,000 as Irving Company’s pro rata fair share of the I-280/Wolfe Road Interchange Project. There may be a future Wolfe Interchange Assessment District and this contribution will be credited towards the $7,000,000 total contribution by the Irvine Company for this Assessment District for The Hamptons Project for its impacts upon the I-280/Wolfe Road Interchange. Irvine Company acknowledges that this payment is non-refundable and is not contingent upon the actual construction of any portion of the I-280/Wolfe Road Interchange Project or of the approval or construction of The Hamptons Apartment Project. City agrees that the sum of $200,000 is to be used for studies or other costs including staff time related to the I-280/Wolfe Road Interchange Project. These funds will not be refunded should the I-280/Wolfe Road Interchange Project not proceed for any reason as long as the funds were expended related to that future project. In the event that the Hamptons Apartment Project, in the future, is redeveloped to include other uses, or the use is changed, or is expanded beyond the size of the current proposed project, City may seek 78 David Brandt, City Manager City of Cupertino January 19, 2016 Page 2 , additional payments as mitigation for impacts which arise only for the expansion or change in use of the property and not for the costs of mitigation of impacts for the current proposed development. Very truly yours, The Irvine Company, a California limited liability company By: ________________________ Authorized Officer The terms of this Letter Agreement are agreed to by the City of Cupertino City of Cupertino By:______________________, David Brandt, City Manager Letter Agreement The Irvine Company I—280 Wolfe Interchange Payment advance (2)1-8-16 79 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1357 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/12/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Bubb, Elm & McClellan Storm Drain/Sanitary Sewer Improvement Project - Increase Contingency Authorization Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council2/2/20161 Subject:Bubb,Elm&McClellanStormDrain/SanitarySewerImprovementProject-Increase Contingency Authorization Authorizeanincreaseintheconstructioncontingencyamountbyanadditional$32,000with funds from the current appropriated project budget CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™80 1 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: February 2, 2016 Subject Bubb, Elm & McClellan Storm Drain/Sanitary Sewer Improvement Project – Increase Contingency Authorization Recommended Action Authorize an increase in the construction contingency amount by an additional $32,000 with funds from the current appropriated project budget. Discussion On May 19, 2015, the City Council authorized the award of the Bubb, Elm & McClellan Storm Drain/Sanitary Sewer Improvement Project contract to Con-Quest Contractors Inc., in the amount of $1,456,941. Council also approved a construction contingency of $250,000, for a total authorized expenditure amount of $1,706,941 for the contract. The scope of work for this project included both storm drain and sanitary sewer improvements. The cost sharing agreement between the City and Cupertino Sanitary District (CuSD) was authorized by Council on April 21, 2015. Per that agreement, the City and CuSD pay 100% of their respective costs. Construction began in June 2015 and was completed in November 2015. Construction in areas impacting McClellan Road school traffic was completed in advance of the start of the 2015-16 school year. Actual costs incurred on the project were as follows: Agency Bid Amount Actual Completed Cost City $995,955 $1,342,707 CuSD $460,986 $396,204 Authorized Contract Amount $1,456,941 $1,456,941.00 Contingency (Change Orders) $ 250,000 $ 281,970.48 Total $1,706,941 $1,738,911.48 Council authorized contingency funding in the amount of $250,000, which is approximately 17% of the construction contract amount, for unforeseen conditions. 81 2 During the course of construction, the contingency budget was exceeded by $32,000, which is an additional 2% of the value the contract. Exceptional conditions encountered during construction included several existing underground utilities in conflict with new improvements and excavated soil that could not be used as intended as backfill due to large rock rubble content. A significant portion of this project was on McClellan Road between Bubb Road and Highway 85. The construction work on McClellan Road was scheduled to be completed over the summer prior to the start of the school year to avoid conflicts with school traffic. A timely request of Council during the course of construction to increase the contingency authorization would have delayed work on McClellan Road past the start of the school year. This would have resulted in worsened traffic conditions and significant construction activity immediately adjacent to school children going to and from school. The decision to adjust work in the field as required to accommodate existing conditions, and to proceed as scheduled without stopping work to seek Council authorization to increase the contingency budget, was in consideration of the following: 1) to avoid extending the work beyond the start of the 2015/16 school year and 2) to avoid the potential additional daily costs that may have been owed to the contractor by the City due to delay of the project. Sustainability Impact None Fiscal Impact No additional appropriation is needed to cover the increased contingency budget, as the current appropriation for the Bubb, Elm & McClellan Storm Drain Improvement Project budget is sufficient. _____________________________________ Prepared by: Roger Lee, Assistant Director of Public Works Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: None 82 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1397 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/21/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Discontinue headline translations Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council2/2/20161 Subject: Discontinue headline translations Discontinue headline translations and redirect the funds to other budget priorities CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™83 OFFICE OF THE CITY MANAGER CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: February 2, 2016 Subject Discontinue headline translations Recommended Action Discontinue headline translations and redirect the funds to other budget priorities Description In November 2001, the City Council asked for and has since been provided translations of local headlines of the Sing Tao Daily and the World Journal. The clipping service and headline translations focus on local Cupertino news. The purpose of the service was to identify articles to be translated in their entirety at the request of Council Members. Discussion Due to the nuanced nature of interpretation and translation, the City of Cupertino has always contracted for professional translations. The budgeted cost for these services has varied over the years from a high of $7,000 per year to the current funding level of $5,000 per year. It has been approximately a year since there was a request for the complete translation of an article. Sustainability Impact No sustainability impact Fiscal Impact Discontinuing headline clipping and translation services will save approximately $5,000 per year. _____________________________________ Prepared by: Rick Kitson, Public Affairs Director Approved for Submission by: David Brandt, City Manager 84 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1398 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/21/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Transportation Tax Measure Allocations Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft VTP 2040 Project List 8-19-15 B - CC Resolution No. 15-077 Implementation of Long-Term Mass Transit Solutions Near Highway 85 Action ByDate Action ResultVer. City Council2/2/20161 Subject: Transportation Tax Measure Allocations ApproveadvocacydirectiontoCityrepresentativesregardingtheproposedSantaClaraCounty salestax,includinggeneralfundinglevelswithinexpenditurecategories,asdevelopedin coordination with other North County and West Valley cities CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™85 1 PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: February 2, 2016 Subject Transportation Tax Measure Allocations. Recommended Action Approve advocacy direction to City representatives regarding the proposed Santa Clara County sales tax, including general funding levels within expenditure categories, as developed in coordination with other North County and West Valley cities. Background The Santa Clara County Valley Transportation Authority (VTA) is actively discussing the possibility of placing a countywide transportation sales tax measure on the November 2016 ballot. This tax measure would be focused on enhancing public transportation systems such as BART and Caltrain, improving pavement maintenance, highways, and expressways, and improving active transportation alternatives for bicyclists and pedestrians. Historically, countywide transportation sales tax measures in California have often employed a strategy of combining a list of specific, major regional projects to be funded with separate program categories within which smaller-scale projects (such as street repaving) would be subsequently identified and funded. Projects of significant local importance (such as Wolfe/280 Interchange improvements) could also come from a crossover category in which the tax measure designates a funding level and specific projects are subsequently selected based on certain criteria. VTA has undertaken “Envision Silicon Valley,” a campaign aimed at engaging community leaders in discussion of current and future transportation needs, identifying solutions and developing funding priorities. Projects identified would be carried 86 2 forward into the Valley Transportation Plan (VTP) 2040 and the Association of Bay Area Governments (ABAG) Plan Bay Area documents. The proposed transportation sales tax measure would provide a county-level source of transportation funds to supplement regional, state, and federal funds along with direct funding from local agencies. In August, the County of Santa Clara, cities, and transit agencies submitted projects for consideration as part of the VTP 2040 process. An estimated $40 billion in projects and programs were submitted for an estimated $20 billion in potential funding (including future grant funds as well as the sales tax funding). On August 18, 2015, the City Council provided direction regarding the City’s response to VTA’s “call for projects” for VTP 2040. As this list of projects is the basis for discussion of a 2016 countywide transportation sales tax, the City Council directed staff to include the attached list of projects and program enhancements (Attachment A), highlighted by the following: 1) Implementation of long-term mass transit solutions to serve major employment centers along and near the highway 85 corridor (Adopted Resolution No. 15-077, Attachment B); 2) Highway 280/Wolfe Road Interchange and Overcrossing Replacement; 3) Foothill and Lawrence Expressway Improvements, as adopted by Expressway Policy Board; 3) Bicycle Transportation Plan Implementation; 4) Shuttle Service for Bubb/McClellan/Rainbow and Homestead/Foothill/Stevens Creek/Wolfe areas Discussion VTA staff is currently discussing funding concepts, and it is expected that an initial proposal for the tax measure will be developed by VTA in early 2016. Based on discussions among stakeholders, it appears at this time that the following projects and 87 3 programs are likely to be considered for the tax measure (likely a 30-year, 1⁄2 cent sales tax that would generate about $6 billion over the life of the tax measure): 1) The BART Phase 2 extension to San Jose (and possibly to Santa Clara); 2) Increased capacity for Caltrain including longer trains, station and platform enhancements, and money for grade separations; 3) Expressway improvements based on the current County Expressway Plan with priorities including upgrades to the Foothill and Lawrence Expressways; 4) Key freeway improvement projects including express lanes and interchange upgrades such as the Route 280/Wolfe Road Interchange; 5) Local street and road pavement maintenance allocations with a possible provision to un-encumber local funds if an adequate pavement maintenance level is achieved; 6) Transportation improvements for bicyclists and pedestrians; and 7) Transit service improvements for seniors and people with disabilities. Public and agency review regarding the proposed sales tax measure is expected to begin in February, with final adoption of the measure by August. The Envision Silicon Valley process will include formal review of the proposed measure by the following VTA boards and committees: 1) The VTA Board and Envision Silicon Valley Ad-Hoc Committee (Los Altos Mayor Jeannie Bruins represents the North County cities and Campbell Mayor Jason Baker represents West Valley cities); 2) The VTA Policy Advisory Committee (Councilmember Vaidhyanathan represents Cupertino); 3) The VTA Technical Advisory Committee (Public Works Director Timm Borden represents Cupertino); 4) Envision Silicon Valley stakeholder committees, including community interest groups and transportation advocacy groups. 88 4 Additionally, potential advocacy for the composition of the measure could come from key employers (individually or through the Silicon Valley Leadership Group), community and environmental groups, and/or a possible coalition of West Valley and North County cities. On January 8, 2016, staff attended a meeting of representatives from several North County and West Valley cities. At this meeting, a conceptual allocation of county sales tax funding levels and expenditure categories was discussed. This concept was developed from various discussions among agency representatives, elected officials, actions taken by governing bodies, and VTA meetings. After discussion and some edits to the working draft, consensus was reached that each city representative should return their City Council and request approval to advocate for this conceptual funding allocation. The intent is to solidify the collective cities’ position and more effectively advocate for specific funding levels and uses as the sales tax measure moves forward. VTA is expected to begin to finalize the county sales tax funding levels, expenditure categories and projects in February 2016. The recommended advocacy position is as follows: Expenditure Category Proposed Allocation (in millions) Proposed Allocation (Percent-rounded) Bart to San Jose 1,200 20 Caltrain Improvements 400 7 Railroad Grade Separation Program 900 15 Congestion Relief/Transit/Mode Shift 500 8 Expressways 1,000 17 Streets and Highways 500 8 Local Streets and Roads (formula program with flexibility to focus on maintenance or local needs) 1,000 17 Bicycle/Pedestrian 500 8 Fiscal Impact None. 89 5 Sustainability Impact Any future projects that enhance non-vehicular transportation modes or reduce congestion will have positive effects on greenhouse gas emissions. _____________________________________ Prepared by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Draft VTP 2040 Project List 8-19-15 B – Resolution for Regional Mass Transit 8-19-15 90 Attachment A City of Cupertino – VTP 2040 Project Submittal List August 18, 2015  Future Mass Transit Corridors Implementation for West Valley cities and North County cities  Caltrain Capacity Expansion – Santa Clara County Portion  Comprehensive systems study and for future mass transit in Santa Clara County with connections to other counties, include first/last mile strategies  Wolfe Road Overcrossing at Highway 280  Lawrence Expressway Improvements (from Expressway Policy Board)  Foothill Expressway Improvements (from Expressway Policy Board)  I-280 Northbound Braided Ramps between Foothill Expwy . and SR 85  Saratoga Creek Trail extension between Lawrence Exp. and Mitty Avenue  Stevens Creek Trail grade-separated crossing of Stevens Creek Boulevard  Bike/Ped bridge crossing of the Union Pacific Railroad Tracks at the Snyder- Hammond House  UPRR Rails to Trails Improvements  McClellan Road Bridge Replacement at McClellan Ranch Preserve driveway  Stevens Creek Canyon Widening and Bike/Ped Improvements – Miramonte Road south to City limits  Southbound Foothill Boulevard Bike Lane and Sidewalk Improvements – Stevens Creek Boulevard to just south of Rancho Ventura Street  Mary Avenue Complete Street Conversion  Bicycle Transportation Plan Priority Class 1 Bicycle Facility Project  Transit stop enhancements (shelters, real-time information)  Miscellaneous traffic signal upgrades  Citywide ADA curb ramp improvements  Citywide sidewalk gap closures  Stelling Road Complete Street study and implementation  Stevens Creek Blvd bridge over Stevens Creek replacement  Stevens Creek trail grade separation at Stevens Creek Blvd  Stevens Creek trail completion  Citywide signal retiming and coordination  De Anza Blvd Advanced Traffic Management System  Traffic monitoring camera expansion  Citywide ADA pedestrian signal upgrades  Bicycle Transportation Plan Implementation  Bubb/McClellan/Rainbow bus/shuttle service  Homestead/Foothill/Stevens Creek/Wolfe bus/shuttle service 91 RESOLUTION NO. 15-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUPPORTING THE IMPLEMENTATION OF LONG-TERM MASS TRANSIT SOLUTIONS TO SERVE MAJOR EMPLOYMENT CENTERS ALONG AND NEAR THE HIGHWAY 85 CORRIDOR WHEREAS, many cities in the West Valley and the North County area desire a new, long- range transportation vision for the entire region, thinking beyond the car; and WHEREAS, the vision shall focus on mass transit improvements to reduce/ replace single- occupancy vehicle (SOV) trips; and WHEREAS, the vision recognize the evolution of where jobs are located in relation to where people live; and WHEREAS, the new transportation vision shall include a sustainable, financially viable mass transit solution that services housing and employers along and near the Highway 85 corridor from San Jose to Mountain View; and WHEREAS, the new transportation vision shall include infrastructure and facilities that support the system, such as "last-mile" shuttle (private or public) or bicycle/pedestrian corridors between stations and employers, as well as transit center(s) to facilitate a robust shuttle network; and WHEREAS, the vision shall identify transit center locations near mass transit system as connection for last-mile services; and WHEREAS, the vision shall improve connections to other inter-county mass transit systems. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino City Council was presented with all of the information described in the recitals and has considered this information in adopting this resolution; and BE IT FURTHER RESOLVED that the City of Cupertino City Council determines that this proposal for near-term and long-term regional mass transit is in the best interest of the City; and 92 Resolution No. 15-077 MASS TRANSIT PROPOSAL FOR INCLUSION IN VALLEY TRANSPORTATION PLAN 2040 Exhibit A Proposed Project Name/Title: Future Mass Transit Needs for Santa Clara County. Proposed Project Description: Develop, finance and construct a mass transit system to serve job centers along and near the Highway 85 Corridor. The project would: Project Cost: • Focus on mass transit improvements to reduce/replace single- occupancy vehicle (SOV) trips. • Recognize where jobs are located in relation to where people live. • Include a mode with an exclusive guideway. • Develop plans for effective last-mile connections from transit corridors to major employment areas. Connection modes should include public and private shuttles and highly developed and accessible bicycle and pedestrian links. • Identify transit center locations near the mass transit system as connection for last-mile services. • Improve connections to other inter-county mass transit systems. • Anticipate/ incorporate new and emerging transportation technologies as mass transit alternatives. Estimated $800 Million which would include design, environmental clearance, as well as the local match to support full construction of a project which would serve the mass transit needs of the region, with an initial phase on the Highway 85 corridor from Highway 87 to immediately north of Highway 101. 3 94 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1238 Name: Status:Type:Second Reading of Ordinances Agenda Ready File created:In control:11/19/2015 City Council On agenda:Final action:2/2/2016 Title:Subject: Second Reading of Ordinance amending the Cupertino Municipal Code to prohibit marijuana cultivation, dispensaries, and deliveries and commercial cannabis activities within the City of Cupertino. (Application No. MCA-2015-01; Location: City-wide; Applicant: City of Cupertino) Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Ordinance Action ByDate Action ResultVer. City Council2/2/20161 Subject:SecondReadingofOrdinanceamendingtheCupertinoMunicipalCodetoprohibit marijuanacultivation,dispensaries,anddeliveriesandcommercialcannabisactivitieswithin theCityofCupertino.(ApplicationNo.MCA-2015-01;Location:City-wide;Applicant:Cityof Cupertino) ConductthesecondreadingandadoptOrdinanceNo.16-2140:“AnOrdinanceoftheCity CounciloftheCityofCupertinoAmendingSection19.08.030andaddingChapter19.98of Title19oftheCupertinoMunicipalCodeRegardingMedicalMarijuanaDispensaries, MarijuanaCultivationFacilities,CommercialCannabisActivities,andMedicalMarijuana Deliveries” CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™95 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: February 2, 2016 Subject Second Reading of Ordinance amending the Cupertino Municipal Code to prohibit marijuana cultivation, dispensaries, and deliveries and commercial cannabis activities within the City of Cupertino. (Application No. MCA-2015-01; Location: City-wide; Applicant: City of Cupertino) Recommended Action That the City Council conduct the second reading and adopt Ordinance No. 16-2140, “An Ordinance of the City Council of the City of Cupertino Amending Section 19.08.030 and adding Chapter 19.98 of Title 19 of the Cupertino Municipal Code Regarding Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities, and Medical Marijuana Deliveries” (Attachment A) Discussion On January 19, 2016, the City Council introduced and conducted the first reading of Ordinance No. 16-2140, amending Chapter 19.08.030 and adding Chapter 19.98 to Title 19 of the Cupertino Municipal Code to prohibit medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries with no changes to the proposed Ordinance. The City Council did not make any amendments to the proposed Ordinance at the first reading. Therefore, the final Ordinance is presented for the second reading and adoption. Sustainability Impact None Fiscal Impact None 96 _____________________________________ Prepared by: Adam Petersen, Senior Planner Reviewed by: Piu Ghosh, Principal Planner Aarti Shrivastava, Assistant City Manager Approved for Submission by: David Brandt, City Manager Attachments: A. Ordinance No. 16-2140 97 Revision date November 18, 2015 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 19.08.030 AND ADDING CHAPTER 19.98 OF TITLE 19 OF THE CUPERTINO MUNICIPAL CODE REGARDING MEDICAL MARIJUANA DISPENSARIES, MARIJUANA CULTIVATION FACILITIES, COMMERCIAL CANNABIS ACTIVITIES, AND MEDICAL MARIJUANA DELIVERIES WHEREAS, in 1970, Congress enacted the Controlled Substances Act (CSA ) which, among other things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States.; and WHEREAS, in 1972, California added Chapter 6 to the state Uniform Controlled Substances Act, commencing at Health and Safety Code section 11350, which established the state’s prohibition, penalties, and punishments for the possession, cultivation, transportation, and distribution of marijuana; and WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (the "CUA;" Health and Safety (H&S) Code Section 11362.5 et seq.); and WHEREAS, California courts have held that the CUA created a limited exception from criminal liability for seriously ill persons who are in need of medical marijuana for specified medical purposes and who obtain and use medical marijuana under limited, specified circumstances; and WHEREAS, On January 1, 2004, the state Legislature enacted "Medical Marijuana Program" (MMP), codified as Health and Safety Code sections 11362.7 to 11362.83, to clarify the scope of the CUA, establish a voluntary program for identification cards issued by counties for qualified patients and primary caregivers, and provide criminal immunity to qualified patients and primary caregivers for certain activities involving medical marijuana, including the collective or cooperative cultivation of medical marijuana; and WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that the CUA and the MMP do not preempt local ordinances that completely and permanently ban medical marijuana dispensaries, collectives, and cooperatives; and 98 Ordinance No. Page 2 WHEREAS, in Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, the Third District Court of Appeal held, based on Inland Empire, that there was no right to cultivate medical marijuana and that a city could implement and enforce a complete ban on this activity, including a ban on personal cultivation; and WHEREAS, on October 9, 2015, Governor Brown signed Assembly Bills 243 and 266 and Senate Bill 643, which taken together create a broad state regulatory and licensing system governing the cultivation, testing, and distribution of medical marijuana, the manufacturing of marijuana products, and physician recommendations for medical marijuana, and provide immunity to marijuana businesses operating with both a state license and a local permit; and WHEREAS, while the new legislation expressly preserves local control over medical marijuana facilities and land uses, including the authority to prohibit all medical marijuana businesses and cultivation completely, newly-added Health & Safety Code section 11362.777(c)(4) provides that if a city does not have a land use regulation or ordinance regulating or prohibiting marijuana cultivation, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program under that section, then commencing March 1, 2016, the state Department of Food and Agriculture will become the sole licensing authority for marijuana cultivation in that jurisdiction; and WHEREAS, under newly-added Business and Professions Code section 19340(a), if a city wants to prevent medical marijuana deliveries within its jurisdiction, it must adopt an ordinance expressly prohibiting them; and WHEREAS, medical marijuana businesses, dispensaries, cultivation activities, and deliveries are not listed in the Zoning Code as either permitted or conditionally- permitted land uses and are, therefore, prohibited under the City’s permissive zoning provisions, as set forth in Municipal Code sections 19.04.030 and 19.04.050 (City of Corona v. Naulls (2008) 166 Cal.App.4th 418, 431-433); and WHEREAS, the City Council has determined that express Municipal Code provision regarding medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries will benefit the public by providing clear guidelines regarding the scope of prohibited conduct and minimize the potential for confusion regarding the City’s policies, and WHEREAS, many California communities have experienced adverse impacts and negative secondary effects from medical marijuana establishments and cultivation 99 Ordinance No. Page 3 sites, including hazardous construction, unsafe electrical wiring, noxious odors and fumes affecting neighboring properties and businesses, increased crime in and around such land uses, and the diversion of medical marijuana to minors; and WHEREAS, there is significant evidence that medical marijuana delivery services are also targets of violent crime and pose a danger to the public; and, WHEREAS, a California Police Chiefs Association compilation of police reports, news stories, and statistical research regarding crimes involving medical marijuana businesses and their secondary impacts on the community is contained in a 2009 white paper report which is attached to the staff report presented to the City Council for purposes of its analysis of crime and secondary impacts and on file with the City Clerk; and WHEREAS, the Santa Clara County District Attorney’s Office issued a May 2014 memorandum entitled “Issues Surrounding Marijuana in Santa Clara County,” which outlined many of the negative secondary effects resulting from marijuana cultivation; a copy of this memorandum is attached to the staff report presented to the City Council with this ordinance and on file with the City Clerk; and WHEREAS, the staff report presented to the City Council identifies other negative impacts from unregulated marijuana which are incorporated herein; and WHEREAS, it is reasonable to conclude that medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries could cause similar adverse impacts on the public health, safety, and welfare in Cupertino; and WHEREAS, in order to protect the public health, safety, and welfare, the City Council desires to add Cupertino Municipal Code Chapter 19.98 to prohibit, in express terms, medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries; and WHEREAS, the State regulation and licensing as contemplated in Assembly Bills 243 and 266 and Senate Bill 643 have not yet taken effect nor been implemented, and the City Council desires to preserve local control over these uses; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance; and 100 Ordinance No. Page 4 WHEREAS, the proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significan t effect on the environment. WHEREAS, the City Council has reviewed and considered the not a project and exemption determination under the California Environmental Quality Act prior to taking any approval actions on this Ordinance and approves such determinations; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Cupertino Municipal Code section 19.08.030C of Chapter 19.08 of Title 19 is amended by adding the following definitions placed into alphabetical order: “Commercial cannabis activity” shall have the meaning set forth in California Business and Professions Code section 19300.5(k). “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. SECTION 2. Cupertino Municipal Code section 19.08.030I of Chapter 19.08 of Title 19 is amended by adding the following definition placed into alphabetical order: “Identification Card” shall have the same meaning as set forth in state law, including Health and Safety Code Sections 11352.5, 11362.7, and following, or as may be amended. SECTION 3. Cupertino Municipal Code section 19.08.030M of Chapter 19.08 of Title 19 is amended by adding the following definitions placed into alphabetical order: "Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff, and concentrated cannabis and the separated resin, whether crude or petrified, obtained from marijuana. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the 101 Ordinance No. Page 5 seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination. "Medical marijuana" is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code § 11362.7. “Marijuana cultivation facility” means any business, facility, use, establishment, property, or location where the cultivation of marijuana occurs. A “marijuana cultivation facility” does not include a “qualified patient’s” primary residence provided such cultivation of medical marijuana is for his or her personal use. "Medical marijuana dispensary" means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical marijuana is sold, made available, delivered, transported, and/or distributed. A "medical marijuana dispensary" does not include the following uses: a. A “qualified patient” transporting “medical marijuana” for his or her personal use; b. A “primary caregiver” delivering or transporting “medical marijuana” to a “qualified patient;” c. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; d. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; e. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; f. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; or g. A residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. SECTION 4. Cupertino Municipal Code section 19.08.030P of Chapter 19.08 of Title 19 is amended by adding the following definition placed into alphabetical order: 102 Ordinance No. Page 6 “Primary caregiver” shall have the same meaning as set forth in state law, including Health and Safety Code Sections 11352.5, 11362.7, and following, or as may be amended. SECTION 5. Cupertino Municipal Code section 19.08.030Q of Chapter 19.08 of Title 19 is amended by adding the following definition placed into alphabetical order: “Qualified patient” shall have the same meaning as set forth in state law, including Health and Safety Code Sections 11352.5, 11362.7, and following, or as may be amended. SECTION 6. Title 19 of the Cupertino Municipal Code is hereby amended to add Chapter 19.98 to be numbered, entitled, and to read as follows: CHAPTER 19.98 Medical Marijuana 19.98.010 Purpose 19.98.020 Prohibitions 19.98.030 Enforcement 19.98.010 Purpose. The purpose and intent of this section is to prohibit medical marijuana dispensaries, marijuana cultivation facilities, medical marijuana deliveries, and commercial cannabis activities, as defined in Chapter 19.08, Definitions, within the city limits. It is recognized that it is a Federal violation under the Controlled Substances Act to possess or distribute marijuana even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with marijuana cultivation facilities and medical marijuana dispensaries and in connection with medical marijuana deliveries, which is detrimental to the public’s health, safety, and welfare. The State of California’s licensing and regulation as contemplated by Assembly Bills 243 and 266 and Senate Bill 643 have not yet taken effect nor been implemented, and the City Council desires to preserve local control over these uses and activities. Nothing in this Chapter is intended to circumvent compliance with state law. 19.98.020 Prohibitions. (a) The following are prohibited: (1) Medical marijuana dispensaries in all zones in the city and shall not be established or operated anywhere in the city. 103 Ordinance No. Page 7 (2) Marijuana cultivation facilities in all zones in the city and shall not be established or operated anywhere in the city. (3) Commercial cannabis activities in all zones in the city and shall not be established or operated anywhere in the city. (b) No person shall own, establish, open, operate, conduct, or manage a medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity in the city, or be the lessor of property where a medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity is located. No person shall participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity in the city. (c) No Permits, grading permit, building permit, building plans, zone change, business license, certificate of occupancy or other applicable approval will be accepted, reviewed, approved or issued for the establishment or operation of a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity. (d) Nothing contained in this section shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law. 19.98.030 Enforcement. The city may enforce this section in any manner permitted by law. The violation of this Chapter shall be and is hereby declared to be a public nuisance and shall, at the discretion of the city, create a cause of action for injunctive relief. SECTION 7. FINDINGS. The following findings are made under Cupertino Municipal Code section 19.152.030(D): (1) The proposed Ordinance conforms with the latest adopted general plan for the City in that a prohibition against marijuana cultivation facilities, medical marijuana dispensaries, commercial cannabis activities, and medical marijuana delivery services does not conflict with any allowable uses in the land use element and does not conflict with any policies or programs in any other element of the general plan. (2) The proposed Ordinance will protect the public health, safety, and welfare and promote the orderly development of the City in that prohibiting marijuana 104 Ordinance No. Page 8 cultivation facilities, medical marijuana dispensaries, commercial cannabis activities, and medical marijuana delivery services will protect the City from the adverse impacts and negative secondary effects connected with these activities. (3) The proposed Ordinance is consistent with Municipal Code Title 19, which currently bans marijuana cultivation facilities, medical marijuana dispensaries, commercial cannabis activities, and medical marijuana delivery services under principles of permissive zoning. (4) The proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. SECTION 8. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 9. The City Clerk shall certify the adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. 105 Ordinance No. Page 9 INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 19th day of January, 2016 and ENACTED at a regular meeting of the City Council of the City of Cupertino the ____ of _______ 2016, by the following vote: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: _______________________ ___________________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 106 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1280 Name: Status:Type:Second Reading of Ordinances Agenda Ready File created:In control:12/15/2015 City Council On agenda:Final action:2/2/2016 Title:Subject: An ordinance amending Sections 14.04.100 and 18.56.040 of the Cupertino municipal code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right- of-way for a city street improvement or facility project. Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance Action ByDate Action ResultVer. City Council2/2/20161 Subject:AnordinanceamendingSections14.04.100and18.56.040oftheCupertinomunicipal codetoprovideforalimitedwaiverofreimbursementrequirementswhenapropertyowner dedicates right-of-way for a city street improvement or facility project. ConductthesecondreadingandenactOrdinanceNo.16-2141:“AnOrdinanceoftheCity CounciloftheCityofCupertinoamendingSections14.04.100and18.56.040oftheCupertino MunicipalCodetoprovideforalimitedwaiverofreimbursementrequirementswhena propertyownerdedicatesright-of-wayforacitystreetimprovementorfacilityproject,”withan amendmentdirectedbytheCityCouncilduringthefirstreadingoftheordinanceamendment onJanuary19,2016toincludeaprovisionintheordinancelanguagesuchthatthecitycouncil determinesthepercentofawaivertoofferforrightofwayacquisitionforindividualprojects astheyareapprovedduringtheCIPbudgetprocess,tofacilitatetheprovisionofsidewalksand street widening in certain areas where pedestrians and bicyclists are prevalent CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™107 1 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: February 2, 2016 Subject An ordinance amending sections 14.04.100 and 18.56.040 of the Cupertino municipal code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project. Recommended Action Conduct the second reading and enact the draft ordinance: “An ordinance of the City Council of the City of Cupertino amending sections 14.04.100 and 18.56.040 of the Cupertino municipal code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project,” with an amendment directed by the City Council during the first reading of the ordinance amendment on January 19, 2016 to include a provision in the ordinance language such that the city council determines the percent of a waiver to offer for right of way acquisition for individual projects as they are approved during the CIP budget process, to facilitate the provision of sidewalks and street widening in certain areas where pedestrians and bicyclists are prevalent. Discussion Currently, almost all construction of new curb, gutter and sidewalk is achieved as standard requirements of new development. Especially in residential neighborhoods, this typically results in a slow, piecemeal buildout of the sidewalk network, leaving gaps where pedestrians walk from a short piece of sidewalk back into the street or dirt, and then back on another short piece of sidewalk. Bicyclists are also more constricted in the locations where the street widening has not occurred. While this situation exists in several areas of the City, it is very clearly illustrated in the school walking routes in the Monta Vista neighborhood just north of McClellan Road. The subject sections of the municipal code provide that if the City or another property owner installs street improvements that benefit a property, the owner of the benefitted property is required to reimburse the City or the property owner for its reasonable share of the costs of such improvements when they seek a land use permit from the City. Section 18.56.040 of the City of Cupertino Municipal Code imposes a similar reimbursement requirement for street facilities in connection with subdivision maps. 108 2 There has been a strong desire to improve the walkability of routes to schools; particularly those areas lacking curb, gutter and sidewalk. Because the subject municipal code sections require property owners developing a property through subdivision, or increasing their residential square footage by over 25% reimburse the City for any costs advanced for these improvements, property owners are typically hesitant to dedicate the necessary right-of-way for the widening. In order to incent the dedication of land necessary to improve such routes, prior to an owner’s application for a land use permit or subdivision map, this code amendment would provide a limited waiver of future reimbursement charges in exchange for an owner’s dedication of land, at no cost, in connection with the City’s commencement of a street improvement project. With the first reading of the ordinance on January 19, 2016, Council directed to amend the ordinance at the second reading to include a provision in the ordinance language such that the City Council determines the percent of a waiver to offer for right of way acquisition for individual projects as they are approved during the CIP budget process. Sustainability Impact There is no sustainability impact resulting from this amendment. Fiscal Impact There is no fiscal impact resulting from this amendment. If, in the future, the City budgets a capital improvement project to improve certain streets with curb, gutter and sidewalk, there would be no future reimbursement expected from property owners if in advance of the project they enter into a limited waiver agreement with the City and dedicate their street frontage property at no cost to the City. _____________________________________ Prepared by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Ordinance B – Redline Version of Draft Ordinance 109 1 ORDINANCE NO. 16-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTIONS 14.04.100 AND 18.56.040 OF THE CUPERTINO MUNICIPAL CODE TO PROVIDE FOR A LIMITED WAIVER OF REIMBURSEMENT REQUIREMENTS WHEN A PROPERTY OWNER DEDICATES RIGHT-OF-WAY FOR A CITY STREET IMPROVEMENT OR FACILITY PROJECT WHEREAS, Section 14.04.110 of the City of Cupertino Municipal Code provides that if the City or another property owner installs street improvements that benefit a property, the owner of the benefitted property is required to reimburse the City or the property owner for its reasonable share of the costs of such improvements when the benefitted property owner seeks a land use permit from City; and WHEREAS, Section 18.56.040 of the City of Cupertino Municipal Code imposes a similar reimbursement requirement for street facilities in connection with subdivision maps; and WHEREAS, City would like to improve the walkability of routes to schools, particularly those areas lacking curb, gutter and sidewalk; and WHEREAS, in order to incentivize the dedication of land necessary to improve such routes, prior to an owner’s application for a land use permit or subdivision map, the City desires to provide a limited waiver of future reimbursement charges in exchange for an owner’s dedication of land to City , at no cost, in connection with the City’s commencement of a street improvement project; and WHEREAS, The City Council is the decision making body for this Ordinance and, before taking action on this Ordinance, hereby finds that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3): General Rule Exemption, since it can be seen with certainty that there is no possibility that the activity would have a significant effect on the environment. The amendments, which allow the dedication of right-of-way by property owners in certain circumstances in consideration of a limited waiver of future reimbursement charges, address only the procedures by which the dedication and waiver would be allowed. Any proposed street improvement or facilities project would be subject to subsequent project-specific CEQA review; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: 110 2 Section 1. Section 14.04.110 of Chapter 14.04 of Title 14 of the Cupertino Municipal Code, Improvements Installed Prior to Permit-Imposition of Street Improvement Reimbursement Charges, Cost of Land and Interest, is hereby amended by adding subsection (D) to read as follows: 14.04.110 Improvements Installed Prior to Permit–Imposition of Street Improvement Reimbursement Charges, Cost of Land and Interest. A. In some instances, the public welfare, safety and economy can be best served by the installation of improvements on unimproved streets prior to the time that an adjoining property owner seeks a permit. Since such adjoining property benefits from the street improvements, the owners of such property are required to contribute their share of the cost of those street improvements (just as permittees who seek a permit prior to the installation of improvements are required to do) when they seek a building permit unless it is exempt pursuant to Section 14.04.230(D) of this chapter, a planned development permit, use permit, or a site and architectural approval. B. Where street improvements have been installed by the City, or by another property owner, without cost to the adjoining property owner, the adjoining property owner, as a condition precedent to obtaining a permit or any entitlement to use for his/her property, shall pay the City for the cost of the land at the cost to the City, or another property owner, and shall pay a street improvement reimbursement charge for the improvements which the City, or another property owner, installed on the streets abutting or included in the benefitted property, in an amount equal to the total improvement costs for each particular benefitted property as set forth in the reimbursement agreement. Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: 1. Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid; 2. Improvement Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. C. Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicated to the City land necessary for the street improvements, or where no such dedication is necessary. 111 3 D. Notwithstanding any other provision of this Code, if, upon request by the City in connection with the City’s commencement of a street improvement project, a property owner dedicates to the City land necessary for such street improvement project at no cost to City, the City’s Director of Public Works, on behalf of the City, may provide a limited waiver of future reimbursement charges for the cost of the street improvements. The City Council shall provide direction as to the amount or percentage of the waiver for a particular project either at the time that a Capital Improvement Project for street improvements is approved, or by separate action. The waiver shall be signed by the City Manager or his or her designee and shall be in a form as approved by the City Attorney. SECTION 2 . Section 18.56.040 of Chapter 18.56 of Title 18 of the Cupertino Municipal Code, Imposition of Street Facility Reimbursement Charges, Cost of Land and Interest upon Benefitted Properties, is hereby amended by adding subsection (C) to read as follows: 18.56.040 Imposition of Street Facility Reimbursement Charges, Cost of Land and Interest upon Benefitted Properties A. Where street facilities have been installed by the City or the initial developer without cost to the benefitted property owner, the benefitted property owner, as a condition precedent to obtaining a final map, a final parcel map or a conditional certificate of compliance, shall pay the City for the cost of the land at the cost to the City or to the initial developer, and shall pay a street facility reimbursement charge for the facilities which the City or the initial developer installed on the streets abutting or on the benefitted property in an amount equal to such benefitted property owner's share of the total cost of the street facilities as set forth in the reimbursement agreement. Payment for both land and facilities shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: 1. Land Cost. Interest to accrue from the date the street facilities are accepted by the City to the date the street facility reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid. 2. Street Facility Cost. Interest to accrue from the date the street facilities are accepted by the City to the date the street facility reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. 112 4 B. Provided, however, that the interest shall be waived if the benefitted property owner dedicates or has dedicated to the City land necessary for the street facilities, or where no such dedication is necessary. C. Notwithstanding any other provision of this Code, if, upon request by the City in connection with the City’s commencement of a street improvement project, a property owner dedicates to the City land necessary for such street improvement project at no cost to City, the City’s Director of Public Works, on behalf of the City, may provide a limited waiver of future reimbursement charges for the cost of the street improvements. The Council shall provide direction as to the amount or percentage of the waiver for a particular project either at the time that a Capital Improvement Project for street improvements is approved, or by separate action. The waiver shall be signed by the City Manager or his or her designee and shall be in a form as approved by the City Attorney. SECTION 3. The City Clerk shall certify the adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. SECTION 4. This Ordinance shall be effective thirty (30) days following its adoption. INTRODUCED at a meeting of the Cupertino City Council the 19th day of January, 2016, and ENACTED at a regular meeting of the Cupertino City Council on this 2nd day of February, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Barry Chang Mayor, City of Cupertino 113 1 ORDINANCE NO. 16-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTIONS 14.04.100 AND 18.56.040 OF THE CUPERTINO MUNICIPAL CODE TO PROVIDE FOR A LIMITED WAIVER OF REIMBURSEMENT REQUIREMENTS WHEN A PROPERTY OWNER DEDICATES RIGHT-OF-WAY FOR A CITY STREET IMPROVEMENT OR FACILITY PROJECT WHEREAS, Section 14.04.110 of the City of Cupertino Municipal Code provides that if the City or another property owner installs street improvements that benefit a property, the owner of the benefitted property is required to reimburse the City or the property owner for its reasonable share of the costs of such improvements when the benefitted property owner seeks a land use permit from City; and WHEREAS, Section 18.56.040 of the City of Cupertino Municipal Code imposes a similar reimbursement requirement for street facilities in connection with subdivision maps; and WHEREAS, City would like to improve the walkability of routes to schools, particularly those areas lacking curb, gutter and sidewalk; and WHEREAS, in order to incentivize the dedication of land necessary to improve such routes, prior to an owner’s application for a land use permit or subdivision map, the City desires to provide a limited waiver of future reimbursement charges in exchange for an owner’s dedication of land to City, at no cost, in connection with the City’s commencement of a street improvement project; and WHEREAS, The City Council is the decision making body for this Ordinance and, before taking action on this Ordinance, hereby finds that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3): General Rule Exemption, since it can be seen with certainty that there is no possibility that the activity would have a significant effect on the environment. The amendments, which allow the dedication of right-of-way by property owners in certain circumstances in consideration of a limited waiver of future reimbursement charges, address only the procedures by which the dedication and waiver would be allowed. Any proposed street improvement or facilities project would be subject to subsequent project-specific CEQA review; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: 114 2 Section 1. Section 14.04.110 of Chapter 14.04 of Title 14 of the Cupertino Municipal Code, Improvements Installed Prior to Permit-Imposition of Street Improvement Reimbursement Charges, Cost of Land and Interest, is hereby amended by adding subsection (D) to read as follows: 14.04.110 Improvements Installed Prior to Permit–Imposition of Street Improvement Reimbursement Charges, Cost of Land and Interest. A. In some instances, the public welfare, safety and economy can be best served by the installation of improvements on unimproved streets prior to the time that an adjoining property owner seeks a permit. Since such adjoining property benefits from the street improvements, the owners of such property are required to contribute their share of the cost of those street improvements (just as permittees who seek a permit prior to the installation of improvements are required to do) when they seek a building permit unless it is exempt pursuant to Section 14.04.230(D) of this chapter, a planned development permit, use permit, or a site and architectural approval. B. Where street improvements have been installed by the City, or by another property owner, without cost to the adjoining property owner, the adjoining property owner, as a condition precedent to obtaining a permit or any entitlement to use for his/her property, shall pay the City for the cost of the land at the cost to the City, or another property owner, and shall pay a street improvement reimbursement charge for the improvements which the City, or another property owner, installed on the streets abutting or included in the benefitted property, in an amount equal to the total improvement costs for each particular benefitted property as set forth in the reimbursement agreement. Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: 1. Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid; 2. Improvement Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. C. Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicated to the City land necessary for the street improvements, or where no such dedication is necessary. 115 3 D. Notwithstanding any other provision of this Code, if, upon request by the City in connection with the City’s commencement of a street improvement project, a property owner dedicates to the City land necessary for such street improvement project at no cost to City, the City’s Director of Public Works, on behalf of the City, may provide a limited waiver of future reimbursement charges for the cost of the street improvements. The City Council shall provide direction as to the amount or percentage of the waiver for a particular project either at the time that a Capital Improvement Project for street improvements is approved, or by separate action. The waiver shall be signed by the City Manager or his or her designee and shall be in a form as approved by the City Attorney. SECTION 2 . Section 18.56.040 of Chapter 18.56 of Title 18 of the Cupertino Municipal Code, Imposition of Street Facility Reimbursement Charges, Cost of Land and Interest upon Benefitted Properties, is hereby amended by adding subsection (C) to read as follows: 18.56.040 Imposition of Street Facility Reimbursement Charges, Cost of Land and Interest upon Benefitted Properties A. Where street facilities have been installed by the City or the initial developer without cost to the benefitted property owner, the benefitted property owner, as a condition precedent to obtaining a final map, a final parcel map or a conditional certificate of compliance, shall pay the City for the cost of the land at the cost to the City or to the initial developer, and shall pay a street facility reimbursement charge for the facilities which the City or the initial developer installed on the streets abutting or on the benefitted property in an amount equal to such benefitted property owner's share of the total cost of the street facilities as set forth in the reimbursement agreement. Payment for both land and facilities shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: 1. Land Cost. Interest to accrue from the date the street facilities are accepted by the City to the date the street facility reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid. 2. Street Facility Cost. Interest to accrue from the date the street facilities are accepted by the City to the date the street facility reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. 116 4 B. Provided, however, that the interest shall be waived if the benefitted property owner dedicates or has dedicated to the City land necessary for the street facilities, or where no such dedication is necessary.“ C. Notwithstanding any other provision of this Code, if, upon request by the City in connection with the City’s commencement of a street improvement project, a property owner dedicates to the City land necessary for such street improvement project at no cost to City, the City’s Director of Public Works, on behalf of the City, may provide a limited waiver of future reimbursement charges for the cost of the street improvements. The Council shall provide direction as to the amount or percentage of the waiver for a particular project either at the time that a Capital Improvement Project for street improvements is approved, or by separate action. The waiver shall be signed by the City Manager or his or her designee and shall be in a form as approved by the City Attorney. SECTION 3. The City Clerk shall certify the adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. SECTION 4. This Ordinance shall be effective thirty (30) days following its adoption. INTRODUCED at a meeting of the Cupertino City Council the 19th day of January, 2016, and ENACTED at a regular meeting of the Cupertino City Council on this 2nd day of February, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Barry Chang Mayor, City of Cupertino 117 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1344 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:1/11/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Review and consider two development proposals (the Goodyear Tire and Oaks sites) submitted for consideration by the City Council to authorize the applicants to submit an application for General Plan Amendments and staff to commence environmental and project review. (Application No.(s): GPAAuth-2015-01 & GPAAuth-2015-02; Applicant: KT Urban, Mark Tersini and De Anza Ventures (Oaks shopping center); Location: 21255-21755 Stevens Creek Boulevard, 10931 N. De Anza Boulevard (Goodyear Tire); APN: 326-27-039, -040 and -041; 326-10-058) Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution No. 16-013 A.1 - CC Reso No. 15-078: Policy on Authorization of General Plan Amendment applications B - Goodyear Tire project plans C - Oaks project plans D - Correspondence E1 - Economic Analysis_Hotel_Memo_01_21_16 E2 - Economic Analysis_Oaks_Memo_01.21.16 Action ByDate Action ResultVer. City Council2/2/20161 Subject:Reviewandconsidertwodevelopmentproposals(theGoodyearTireandOakssites) submittedforconsiderationbytheCityCounciltoauthorizetheapplicantstosubmitan applicationforGeneralPlanAmendmentsandstafftocommenceenvironmentalandproject review.(ApplicationNo.(s):GPAAuth-2015-01&GPAAuth-2015-02;Applicant:KTUrban, MarkTersiniandDeAnzaVentures(Oaksshoppingcenter);Location:21255-21755Stevens CreekBoulevard,10931N.DeAnzaBoulevard(GoodyearTire);APN:326-27-039,-040and- 041; 326-10-058) StaffrecommendsthattheCityCounciladoptResolutionNo.16-013afterdeterminingwhich applications are authorized to move forward to apply for General Plan Amendments CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™118 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: February 2, 2016 Subject Review and consider two development proposals (the Goodyear Tire and Oaks sites) submitted, for consideration by the City Council to authorize the applicants to submit an application for General Plan Amendments and staff to commence environmental and project review. (Application No.(s): GPAAuth-2015-01 & GPAAuth-2015-02; Applicant: KT Urban, Mark Tersini and De Anza Ventures (Oaks shopping center); Location: 21255-21755 Stevens Creek Boulevard, 10931 N. De Anza Boulevard (Goodyear Tire); APN: 326-27-039, - 040 and -041; 326-10-058) Recommended Action Staff recommends that the City Council adopt Resolution No. 16-013 (Attachment A) after determining which applications, if any, are authorized to move forward to apply for General Plan Amendments. Discussion Background On September 1, 2015, the City Council adopted procedures for considering future General Plan amendments. The new procedures provide the following benefits over the previous process whereby General Plan amendments were processed as they were received:  Provide ability to achieve orderly development of the City through a managed process;  Ensure that additional development can achieve/improve facility/service and quality of life standards for the community;  Provide opportunity for early community input;  Consider impact on staff and other resources. Pursuant to the new procedures, the City Council will evaluate General Plan Amendment proposals for authorization as follows (see Attachment A.1 for adopted Council policy):  GPA applications would be considered by the Council twice every year; 119  The Council may allow applications to be re-considered at a continued hearing by the City Council to submit revisions/additional information within 30 days.  Applications that are rejected would wait for a year before re-applying (i.e. they would not be allowed to re-apply in the 6 month subsequent cycle). The deadline to apply for consideration in the 2016 First Cycle by the City Council was November 16, 2015. The City received two applications for authorization for General Plan amendments – one for the Goodyear Tire Site and one for the Oaks Site. The Analysis section below reviews the projects based on the evaluation criteria set forth in the procedures adopted by the Council. Analysis Introduction 1. Goodyear Tire Site The proposal for redevelopment of the Goodyear Tire site is a request for authorization of a General Plan amendment application which would facilitate development of a new 270- room, nine-story hotel, approximately 105’ in height, with approximately 5,727 square feet of conference space and restaurant (See Attachment B.) The project is located on a 1.29 gross-acre site on the west side of N. De Anza Boulevard between Hwy 280 and Homestead Road. It currently houses a Goodyear Tire store. 2. The Oaks Shopping Center The proposal for redevelopment of the Oaks site is a request for authorization of a General Plan amendment application which would facilitate development of 280,000 square feet, 88-foot tall office building, 200-room, 77-foot tall hotel, 270 residential units (including 40 senior age-restricted market-rate and 30 below-market-rate, senior age-restricted units) and 47,660 square feet of retail, in two 60-foot tall buildings and one 45-foot tall building (See Attachment C.) The approximately 8.1 gross-acre site is bounded by Stevens Creek Boulevard to the south, Mary Avenue to the east and north and Hwy 85 to the west. Currently, the site is occupied by ~73,056 square feet of commercial uses that include a theater and retail. 120 Evaluation Criteria Based on the criteria in the policy adopted by the City Council on September 1, 2015, the projects have been evaluated based on:  General Plan goals achieved by the project: o Site and architectural design and neighborhood compatibility – does the project exhibit superior quality of site layout and project design? Is the project compatible with the surrounding uses? o Fiscal impacts, including a diverse economic base – would the project have positive or negative one-time and ongoing impacts to the City’s fiscal base? o Provision of affordable housing – does the project provide or otherwise promote affordable housing above and beyond typical City requirements? o Environmental sustainability – to what extent does the project include features including green building, site design and project operation principles, that promote environmental sustainability above and beyond the City’s typical requirements?  General Plan amendments requested – number and type of General Plan amendments requested by the applicant.  Proposed voluntary community amenities – what is the per-square-foot amount of community amenities offered by the applicant?  Staff time and resources required to process the project – would the amount of staff time and resources require hiring of staff or consultants to process the project? It should be noted that applicants would be required to pay the full cost of processing the project, including staff and consultant time and materials. Table 1 includes a high-level analysis of how each application addresses these criteria. A brief discussion of the projects is provided later in this report. 121 TABLE 1: SUMMARY EVALUATION OF THE DEVELOPMENT PROPOSALS Project Site and architectural design and neighborhood compatibility Fiscal impacts, including a diverse economic base Provision of affordable housing Environmental sustainability General Plan amendments requested Proposed voluntary community amenities Staff time and resources (1) 1. Goodyear Tire a. Site and Architectural design – satisfactory but further review required for circulation, site planning and landscaping. b. Neighborhood compatibility – generally compatible in terms of land use. Height significantly taller than surrounding buildings. a. Could add another full service hotel in Cupertino b. Transient Occupancy Tax Revenue to the city estimated at $1.621M net annually No additional benefits in terms of affordable housing. a. Green Roof at Mezzanine level b. Proposed shuttle service for guests c. Project will meet all other statutorily required environmental sustainability features a. Height Increase from 45 feet to 105 feet b. Hotel allocation: 270 rooms c. Slope line (setback : height) reduction from 1 : 1 to 0.25 : 1 (see discussion later) a. School resources – none b. Public open space – none c. Public Facilities – proposed complimentary use of conference facilities for - Cupertino residents on weekends. However, program and specifics have not been provided. d. Transportation Facilities – none. Total - $0/square foot. 0.3FTE (full-time equivalent) of staff time and consultants for environmental review, etc. 122 Project Site and architectural design and neighborhood compatibility Fiscal impacts, including a diverse economic base Provision of affordable housing Environmental sustainability General Plan amendments requested Proposed voluntary community amenities Staff time and resources (1) 2. Oaks a. Site and Architectural design – satisfactory but needs more common and private open space. Further review required for circulation. b. Neighborhood compatibility – office use not consistent with the General Plan. Height is taller than surrounding buildings. Net fiscal impact on General Fund: a. Project as proposed: positive $1.19 million b. Residential and Hotel project: positive $1.0 million c. Residential and Office project: negative $7,000 d. Residential only project: negative $85,000 a. 22 very low- income senior age-restricted units b. 8 low-income senior age- restricted units (2) a. Built with environmentally preferable products with a high-recycled content, sensitive to the use of natural resources. b. All other statutory requirements for project construction for environmental sustainability required including LEED Silver or equivalent certification. a. Change in Land use designation: From Commercial / Residential To Commercial / Office / Residential b. Office allocation: 280,000 sq. ft. c. Hotel allocation: 200- rooms A voluntary community amenities package of $4.1 million is proposed. (3) Proposed Amenities that qualify as Voluntary community amenities: a. School Resources: $1.1 million (Contribution toward permanent room facilities) b. Public Facilities: $1.1 million (Contribution toward Civic Center improvements) c. Open Space: $450,000 towards park improvements and art d. Transportation: $1.15 million (Traffic calming on Mary Avenue – includes some required improvements along Mary Avenue as well); and $400,000 for a citywide shuttle program. Total – $4.1 million or $5.49/ square foot of office, hotel, retail and residential development. 0.5FTE of staff time plus additional consultants for environmental review, etc. 123 Project Site and architectural design and neighborhood compatibility Fiscal impacts, including a diverse economic base Provision of affordable housing Environmental sustainability General Plan amendments requested Proposed voluntary community amenities Staff time and resources (1) Proposed Amenities that do not qualify (valued at $4.182 million by applicant) a. Parcel Tax if condominiums approved – This is a tax and not a community amenity ($2 MN over 20 years). Also, there are only a limited number of years left on parcel tax Measures A and J – not 20 years. b. Cash contribution for signage improvements for school routes – This contribution is to De Anza College and to not the City ($100,000) c. 72 parking spaces for De Anza college students – Unclear where these are located and what value it is to the residents of Cupertino ($32,400). d. Traffic Improvements on Stevens Creek Blvd – These would be project requirements and not additional improvements ($450,000) e. Signage for Safe Routes to 124 Project Site and architectural design and neighborhood compatibility Fiscal impacts, including a diverse economic base Provision of affordable housing Environmental sustainability General Plan amendments requested Proposed voluntary community amenities Staff time and resources (1) School – Beneficiary identified as De Anza College and not the Elementary or High School Districts or the City ($100,000) f. Provision of affordable housing (2) ($1.1 million) g. Economic Development: Seed money for City office Incubator program (currently there is no such program) ($500,000) (1) All staff time and resources will be paid for by applicant (2) Density bonus requested. Results in generation of approximately 70 market rate units above maximum yield on site. Applicant is also requesting additional incentives and waivers including an increase in the height of all structures on the site above the maximum allowable height, parking reductions, slope line reductions, setback reductions and reductions in required common open space. (3) A detailed discussion of the voluntary community amenities is provided in the project overview. 125 Evaluation of Project Proposals: The following is a high-level evaluation of project proposals related to compliance with the City’s General Plan. Goodyear Tire site Location – 10931 N. De Anza Blvd. Project Description - The proposal for redevelopment of the Goodyear Tire site is a request for authorization of a General Plan amendment application which would facilitate development of a new 270-room, nine-story hotel, with approximately 5,727 square feet of conference space and restaurant on a 1.23 –acre site. Project Location and Surrounding Uses The project is located in the northern portion of the City generally northwest of intersection of N. De Anza Boulevard and Interstate 280. The site contains an existing 8,323 square feet auto repair center. The site is accessed via two driveways on N. De Anza Boulevard and provides access for the Homestead Shopping center, and its loading areas, to the west of it. 126 Surrounding uses include a strip shopping center to the north, the Homestead shopping center to the northwest, a 96-unit, three-story townhome condo complex to the southwest, the four-story Cupertino Inn (126 rooms) to the south and the 140-unit, three-story, Aviare development to the east. Heights of the various buildings range from one story to four stories at a maximum of 45 feet. Application Overview The project site is in the North De Anza Gateway within the Homestead Special Area, which includes residential, commercial, office and hotel uses along Homestead Road, between Interstate 280 and the Sunnyvale city limit. The General Plan identifies this area as a major mixed-use corridor that continues to be a predominantly mixed-use area with a series of neighborhood commercial centers and multi-family housing. Table 2 contains project data along with General Plan amendments or variances requested and/or required. Table 2: Good Year Tire Project Data Requirement/Standard Allowed/Required Proposed Comments General Plan designation Commercial/Residential No change - Zoning designation P (CG-rg) – Planned Development ( General Commercial) with special development conditions No change Hotel uses allowed in CG zoning districts with a Conditional Use Permit. Development allocation Hotel None available 270 rooms GPA requested. Commercial 8,323 s.f. existing 9,487 s.f. proposed Will need a transfer of commercial allocation. Restaurant - 3,760 s.f Conference Facilities - 5,727 s.f. Height 45 feet 105 feet GPA requested. Slope line (setback:height) 1 : 1 0.25 : 1 GPA requested. Setbacks - - - Front None required except to: − Ensure sufficient space for adequate light, air and visibility at intersections − Assure general conformity to yard requirements of adjacent or nearby zones, lot or parcels − Promote excellence in development ~ 20 feet Measured from existing property line. This setback reduces to ~5 feet with a required dedication along N. De Anza Blvd. Additional setback may be required for aesthetics and landscaping opportunities. Minimum side and rear None required Varies b/n 20 & 40 feet 127 Requirement/Standard Allowed/Required Proposed Comments Building area Existing – 8,323 s.f. Proposed – 201,638 s.f. - Lot coverage Existing – 15% (no maximum requirements) Proposed – 53.7% - Parking Vehicles - 1/room + 1/employee 280 spaces 208 spaces Parking study needed as required by the City’s Parking Ordinance. Restaurant Facilities 1/3 seats + 1/employee 0 Conference Facilities To be determined through parking study 0 Bikes - 5% of auto parking 14 0 Bike parking required Site and Architectural Design and Neighborhood Compatibility:  The site is generally satisfactory with active uses including the lobby and restaurant along N. De Anza Boulevard and the vehicular entry to the underground basement at the rear of the site. Additional, site planning review may be required to reorganize some back of house activities located at the northeast corner of the building. Parking is located underground minimizing the height of the building. However, additional review will need to be conducted to ensure that the circulation meets sightlines and other safety requirements.  The architectural and site design quality needs further development. The design and massing could be improved to reduce the height and bulk of the building and ensure that the building can fit in better with the lower buildings surrounding it. The selection of materials needs further review.  The small size of the site does not allow for landscaping or large setbacks. Further review would be required to look at opportunities to add landscaping and trees to screen and enhance the project.  The site plan would need to make the following changes:  The building wall along N. De Anza Boulevard could be moved approximately 15 feet to the west to allow adequate light, air and provide opportunities for landscaping due to a required dedication along N. De Anza Boulevard. The determination of slope line (setback to height ratio) is incorrect on the proposed plans. It appears that the slope line is calculated from the existing property line. However, the slope line is measured from the face of curb rather than property line, and therefore the final slope line variance would be less intensified than shown on plan since the curb line is not proposed/anticipated to move with this development. 128  Driveway along the north side of the building: o The north building wall would need to be moved by approximately 15 feet to the south to allow for a required 30 foot driveway along the north of the property per the conditions of approval of the established zoning for the property (Zoning Ordinance No. 436.) The ordinance requires “three car widths” which is estimated to be 30 feet, since travel lanes for a single car is 10 feet at a minimum. Since this zoning requirement also applies to the Homestead Shopping Center, it would be prudent for this driveway to align with the location of the driveway connecting to that property. An amendment to that ordinance or a variance from that requirement would be required in order to allow the building wall to remain at its currently proposed location. However, the applicant has not indicated that they wish to apply for a variance or amendment to that ordinance. o Would be better aligned with the Homestead Shopping Center if the north building wall proposed is moved to the south.  Finally, fire code requires 26’ width for all drive aisles adjacent to building frontages. This needs to be verified. Net Fiscal Impacts:  The applicant estimates transient occupancy tax (TOT) revenues to the City to be $2,838,240, based on an 85% occupancy rate. An analysis of fiscal impacts to the City has been prepared by the EPS, a third-party consulting firm, which indicates that a more conservative estimate is net revenue of $1.7 - 2.6 million. (See Attachment E.1.)  The project could diversify the City’s economic base by adding a second full-service hotel in Cupertino. The applicant states that this would be the only full-service hotel in Cupertino upon construction; however, Juniper Hotel (formerly Cypress Hotel) is considered a full-service hotel. Provision of affordable housing:  The proposal does not include any affordable housing. However, the applicant will be required to pay any applicable affordable housing fees as a project requirement. Environmental Sustainability:  The Green roof at mezzanine level would reduce air quality impacts, increase energy efficiency, increase roof longevity, and facilitate stormwater/clean water control measures. This could be a project requirement and not an additional enhancement since the site is tight and many opportunities to meet stormwater control requirements do not exist. 129  Proposed shuttle service for guests would reduce vehicle miles traveled and greenhouse gas emissions. However, this would likely be a project requirement and not a project amenity beyond statutory requirements.  Additional measures and analysis regarding landscape, water and energy use, stormwater management, greenhouse gas emissions and waste management would be refined and expanded at the formal application stage. However, it does not appear that these measures would go above and beyond statutory requirements. Voluntary Community Amenities Proposed: Table 3 below lists the proposed community amenities by the applicant and staff’s analysis of the proposal. Table 3: Proposed Voluntary Community Amenities Categories Proposed Beneficiary Value Comments School resources None N/A $0 Public open space None N/A $0 Public facilities Complementary use of conference facilities to Cupertino residents on weekends, as available. Hours, length of agreement, rates and facility details are not specified. Residents, when available $0 The value of this proposed amenity cannot accurately be quantified due to lack of details Transportation facilities Shuttles for guests and employees similar to shuttle available for the existing Cupertino Inn Hotel on the adjacent parcel. Guests and Employees $0 This is a typical project requirement for hotels and not a community amenity Total Value $0 Total Value/square foot $0 Oaks Shopping Center Project Location – 21255 – 21755 Stevens Creek Boulevard Project Description – The proposal for redevelopment of the Oaks site is a request for authorization of a General Plan amendment application which would facilitate development of 280,000-square foot, 7-story office building, 200-room, 6-story tall hotel, 270 residential units (including 40 market-rate senior age-restricted and, 30 below- market-rate senior age-restricted units), in two 5-story buildings and one 5-story tall building and 47,660-square feet of retail replacing an ~73,056 sq. ft. commercial center. 130 Project Location and Surrounding Uses The project is located in the western portion of the City at the northeast intersection of Stevens Creek Boulevard and State Route 85. Mary Avenue forms the eastern border of the site and wraps around the site, forming the northern border. The site contains an existing ~73,056 square foot commercial shopping center, with oak trees surrounding and distributed throughout the site. The site is accessed from Stevens Creek Boulevard and from Mary Avenue. Surrounding uses include a 517-unit (2-story) apartment complex to the north, Highway 85 to the west, De Anza College and Flint Center (3-story; 109-feet) to the south across Stevens Creek Boulevard, and the Senior Center and Memorial Park to the east. The tallest structures in this area which exceed the City’s 45-foot height restrictions are located at the De Anza College campus. Application Overview The project is located in the Heart of the City Specific Plan. This area of the City is identified as an area to accommodate a variety of land use opportunities of well- planned and designed commercial, office, residential development, enhanced activity nodes, and safe and efficient circulation and access for all modes of transportation between activity centers that help focus and support activity in the centers. Table 4 contains project data along with General Plan amendments or variances requested and/or required. 131 Table 4: Oaks Project Data Requirement/Standard Allowed/Required Proposed Comments General Plan designation Commercial/Residential Commercial/Office/ Residential GPA requested. Alternatively, a change in General Plan designation requested under “mixed use project” incentive under Density Bonus Law. However, office uses are not planned and do not exist in this subarea within Heart of the City. Zoning designation Planned Zoning with General Commercial and Residential uses – P(CG, Res) Planned Zoning with General Commercial, Professional Office and Residential uses Rezoning required. Alternatively, rezoning requested under “mixed use project” incentive under Density Bonus Law. Professional Office includes medical offices. Final zoning designation to be determined. Lot coverage ~ 25% existing No Maximum Restrictions 46% Floor Area Ratio 0.20 existing No Maximum 0.68 Development allocation: Office - 280,000 sq. ft. * Requesting allocation from Major Employer pot. However, applicant does not qualify as a Major Employer. Therefore, GPA requested. Alternatively, allocation requested as part of the “mixed use project” Incentive under Density Bonus Law. Retail ~73,056 sq. ft. 47,660 sq. ft. Hotel None available 200 rooms * GPA requested. Alternatively, Hotel allocation requested as part of the “mixed use project” Incentive under Density Bonus Law. Residential - Total ~194 units † 270 units Under Density Bonus Law, with 11% very low income BMR units proposed, Very low income units - (11%) 22 units (senior) Low income units - (4%) 8 units (senior) 132 Requirement/Standard Allowed/Required Proposed Comments Market rate units (including Density Bonus units) - 240 units (including 40 senior units) maximum 35% density bonus allowed, for total of 262 units. City has discretion to consider and grant a larger density bonus. With 270 units, density bonus would = ~39%. Height 45 feet Up to 88 feet * GPA requested. Alternatively, increased heights requested as an Incentive under Density Bonus Law. Office Building 45 feet 88 feet * Hotel Building 45 feet 70 feet * Apartment Buildings 45 feet Three buildings – 60 feet * Slope line (setback : height) Stevens Creek Boulevard 1 : 1 1 : 3* GPA requested. Alternatively, change in slope line requested as a waiver under Density Bonus Law. Mary Avenue - 1 : 3.5 1:1 slope line does not apply. Setbacks Front (South property line - Stevens Creek Blvd) 9 foot setback from property line + 26 feet landscape easement = 35 foot total 35 foot setback for buildings from edge of curb. Side – Interior (West property line – along State Route 85) 1/2 height of building (44 feet) or 10 feet whichever is greater 25 feet Requires Heart of the City Exception. Alternatively, change in setback standard requested as a Waiver under Density Bonus Law. Side– Street side (North property line - Mary Ave) 9 feet ~ 20 feet (for Hotel) ~ 14 feet (for Residential) Heart of the City Specific Plan recommends (but does not require) that the minimum frontage requirements on Stevens Creek Boulevard be applied to corner lots. Parking Parking study needed for non- residential portion of project since reduced parking proposed as required by the City’s Parking Ordinance. Reduction in residential parking standards requested under Density Bonus Law. Vehicular Parking 1,972 spaces and parking study needed 1,208 (including 74 tandem spaces) Office – 1/285 s.f. 982 spaces 485 spaces Hotel – 1/room + 1/employee 220 spaces 138 spaces Hotel bar + restaurant Parking study needed ~32 spaces Conference facilities ~7 spaces Residential – 2/unit 540 spaces 349 spaces Retail – 1/250 (higher for restaurants) 191 spaces 236 spaces 133 Requirement/Standard Allowed/Required Proposed Comments Bike Parking – 5% of auto 152 spaces 220 spaces Open space Private Open Space – Res. 60 sq. ft./unit 60 sq. ft./unit Common Open Space Heart of the City Exception required. Alternatively, reduction in common open space standards requested as a waiver under Density Bonus Law. Applicant is requesting that a plaza shared with retail uses, an interior linear median shared with retail uses and access paths also shared with retail, office and public use be applied toward this requirement. Residential Common Open Space - Total 150 sq. ft./unit or 40,500 sq. ft. total 155 sq. ft./unit or 41,956 sq. ft. total Residential Landscape 70 – 80% of total common open space or between 28,500 sq. ft. – 32,400 sq. ft. ~ 25% of total common open space or ~10,435 sq. ft. Residential Hardscape 20 – 30% of total common open space or between 8,100 sq. ft. and 12,150 sq. ft. ~ 75% of total common open space or ~31,521 sq. ft. Office and Retail Common Open Space 2.5% of gross floor area ~9.5% of gross floor area Some areas such as drop-off areas and medians are not useable. Hotel does not require Common Open Space in Heart of the City Specific Plan. † Maximum residential yield dependent on net acreage of site. Applicant has not indicated the net acreage after dedications. Net acreage has been estimated by staff upon consultation with the Public Works Department at ~7.79 acres. Site and Architectural Design and Neighborhood Compatibility  Site plan layout strives to retain some of the existing retail uses, which is encouraged in the General Plan. Active retail uses are provided in the proposed project.  Addition of hotel and office uses creates a tight site configuration, resulting in reduction of required and useable common open space and increased height for retail/residential component.  Heights along Stevens Creek Boulevard are taller than adjacent buildings, except for the 109 foot tall Flint Center, which is set back considerably from the street. Heights along Mary Avenue to the north of the site have been reduced for the residential buildings proposed to be more in scale with the Glenbrook apartment buildings across the street. However, this may still be an issue for the proposed hotel building.  Architectural review will be required to review massing, building articulation and materials. The buildings may need to have upper floors reduced or set back along the street to ensure that they fit in with the heights of the surrounding buildings. 134  The proposed buildings lack distinctive entry features, roof forms and variety of facades as encouraged by the Heart of the City Specific Plan The project site is included in the City’s 2014-2022 Housing Element with a 200 unit capacity and an allowed density of 25 units/acre and an acreage of ~8 acres. However, the maximum residential yield for the site (at 25 units/acre) is ~194 units since, after dedications, the net acreage of the site is ~7.79 acres. This is because at that time of adoption of the Housing Element, the net acreage of the site after dedications was not known. This has not been provided by the applicant at this time and has been estimated in consultation with Public Works staff. The project proposes to provide 11% of the allowed number of units, as very low income units and an additional 4% of the allowed number of units, as low income units, for a total of 15% affordable units. With 15% affordable units, the project will not be required to pay any Below Market Rate Housing Mitigation Fees. It also qualifies for various regulatory incentives under the State’s Density Bonus law. State Density Bonus Law Provisions Because the project includes 11% very low income units, the project is eligible for a density bonus and other modifications of the City’s usual development standards. Density Bonus - State Density Bonus Law allows a project to receive the maximum density bonus of 35%, in exchange for providing 11% very low income units. This would allow 262 units total (194 allowed units + 68 bonus units). The proposed number of units is 270 units, or 8 more units than the project is entitled to, even with a 35% density bonus. The City’s local density bonus ordinance (Section 19.56.030F(6)) allows the City to grant bonuses greater than 35% in exchange for more than the required affordable units or other amenities, but this is solely at the City’s discretion. Should the project be considered at the proposed number of residential units, the density bonus would be ~39%. Parking Reductions - State Density Bonus Law states that projects with affordable units cannot be required to provide more than one parking space for studio and one-bedroom units; two parking spaces for 2- and 3-bedroom units; and 2.5 parking spaces for 4- bedroom units and larger. The project does not propose any 4-bedroom units or larger. The developer is proposing to provide 349 spaces for the residential portion rather than the City’s required 540 spaces. If authorized, the final parking count will be confirmed during project review. The applicant is also proposing parking reductions and shared parking for the non-residential portion as indicated in Table 4. A parking study will be required to analyze the proposal. 135 Incentives and Concessions - State Density Bonus Law allows this developer to request two incentives and concessions. Permissible incentives and concessions include, but are not limited to: 1. Modifications of development standards: Reducing development standards or a zoning code requirement or architectural design requirement, such as setbacks, square footage, or height, which results in identifiable, financially sufficient, and actual cost reductions; 2. Mixed-Use Project: Approving mixed-use zoning in conjunction with a housing project, if the non-residential land uses will reduce the cost of the housing development, and if the non-residential land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located; 3. Other regulatory incentives or concessions proposed by the developer or the City, which result in identifiable, financially sufficient, and actual cost reductions. Incentives and concessions are intended to make the affordable housing financially feasible. The City’s density bonus ordinance requires the developer to provide a pro forma to demonstrate that the incentives and concessions are actually needed to provide the affordable housing. Waivers of Development Standards - State Density Bonus Law also allows the developer to request waivers of any development standards (setback, height, etc.) that will “physically preclude” the project from being built with the d ensity bonus and incentives that the project is entitled to. The City first needs to determine what incentives the developer is entitled to and then can evaluate any requests for waivers to determine if they are needed. The developer needs to demonstrate that the City’s usual development standards will “physically preclude” the project from being built with the density bonus and incentives. Under State Density Bonus law, if a proposed housing development qualifies for a density bonus and a parking reduction, the City must grant them if it approves the project. Requests for incentives and waivers are more discretionary. An incentive must be necessary to provide for affordable housing costs. If, for instance, the density bonus by itself provides adequate additional profit to provide for affordable housing costs, the City is not required to approve any incentives. Additionally, any proposed mixed use (such as the hotel and office proposed here) must: 1) reduce the cost of the housing development; 2) be compatible with the housing development; and 3) be compatible with existing or planned development in the area. As noted previously, currently, the 136 City’s adopted General Plan and Specific Plan for the sub-area that this proposed project is located in, does not plan for or have any existing office uses. Waivers must be granted only if they would “physically preclude” development of the proposed housing with the incentives and density bonus that the project is entitled to. Project Requests: The applicant has indicated that the project needs the modifications of development standards identified in Table 5 below, in order to make the development financially feasible with the proposed affordable units. It appears that the applicant is both: 1) requesting a general plan amendment to allow office use, receive an office and hotel allocation and increase heights and amend slope lines; and 2) indicating that the aforementioned requests are ‘incentives’ required to make the project financially feasible. However, the applicant has not provided any supporting financial documentation required by the City’s Density Bonus Ordinance in order to allow determination of whether the incentives are needed to make the project feasible, nor has the applicant provided adequate information to determine if the waivers are necessary at this time. Table 5: Proposed Modifications of Development Standards under State Density Bonus Law Proposed Incentive/Concession Proposed Waivers/Reductions Mixed-use Project: approval of a mixed-use project is requested with hotel (200-room, 6-story, 70-feet) and office uses (280,000 sq. ft., 7-story, 88-feet), in conjunction with the retail/residential project (apartments, senior housing, including 15-percent affordable units, total 270 units, 5-levels, 60 feet). Since Office use is not an allowed use under the land use designation, a GPA would be required to change the land use designation to allow this use. The office allocation requested by the applicant is from the major employer category. However, the applicant does not qualify as a major employer. This is also being requested as a GPA, as an alternative. Currently, the zoning allows for commercial (including hotel uses with a Conditional Use Permit) and up to 25 du/net acre (~194 units) of Common Landscaped Open Space for Residential: The “Heart of the City” Specific Plan Section 2.01.010.G requires developments with a residential component to contain landscaped/garden areas and hardscape areas that encourage social interaction. In addition, it requires that 70% to 80% of the total residential common outdoor open space should be landscaped. It also specifies that the location should be in a courtyard, side yard, rear yard or common green for larger developments. The space should be rectilinear with no side less than 15 feet and enclosed 75% by buildings, low walls, low fences or linear landscaping and not bordered by surface parking areas on more than one side. The proposed Oaks project requests that this residential common outdoor open space requirement be waived and that they be allowed to only provide 25% of the residential common outdoor open space to 137 Proposed Incentive/Concession Proposed Waivers/Reductions residential uses. However, a General Plan amendment (GPA) would be required to develop the hotel use since there is no hotel room allocation in the General Plan. The applicant is requesting the City Council to consider approving the entire mixed use project, including the office and hotel uses as an Incentive under the Density Bonus Law. be landscaped. However, this does include areas that do not meet the requirements and are shared with other uses, not available exclusively to the residential users of the site such as within a plaza shared with retail uses and a linear median shared with the public. Reduction in Building Setbacks: Along the western property line facing the Highway 85 on-ramp, the applicant is proposing to reduce the setback from 44 feet down to 25 feet from the property line. Increase the height limits for buildings onsite: The Community Vision 2040 General Plan Chapter 3, Figure LU-1 establishes a maximum height of 45- feet for the site. The project as designed would exceed these height limits as proposed:  Office Buildings: 88-feet to the roof  Hotel Building: 70-feet to the roof  Residential Buildings: 60-feet to the roof Reduction in Building Slopes: The City’s General Plan requires the primary bulk of buildings along arterials (Stevens Creek Boulevard, in this case) to maintain below a 1:1 slope line (setback to height) drawn from the street curb line. The proposed Oaks project is requesting a waiver to the slope line requirement. The applicant is proposing a slope line of 1:3 along Stevens Creek Boulevard. Reduction in parking standards: The applicant is also eligible for a reduction in the parking requirement for the entire housing development (including the market-rate housing) as allowed by the State Density Bonus Law, where 2 parking spaces per unit or a parking study is required by the City’s Parking Ordinance, as follows:  1 parking space for 0-1 bedroom units  2 parking space for 2-3 bedroom units Environmental Sustainability The project proponent has identified certain environmentally sustainable features of the project. However, many of the features are simply statutory requirements, as noted below, and not a project bonus.  LEED Silver certification for all buildings – This is a statutory requirement  Shuttle service for the hotel – This would likely be a project requirement  Comply with Municipal Regional Stormwater Permit (MRP) Provision C.3 to address post-construction stormwater management requirements for redevelopment projects – This is a statutory requirement  Proposed project will feature native and drought-tolerant plants that require minimal supplemental water, paired with efficient irrigation systems to reduce outdoor water usage – This is a statutory requirement and not a project bonus  The proposed project will be built with environmentally preferable products with a high-recycled content, sensitive to the use of natural resources. – This is encouraged in the General Plan and is a project bonus 138 Proposed Voluntary Community Amenities The following tables (Tables 6 and 7) contain the qualifying proposed community amenities and non-qualifying proposed community amenities and staff’s analysis of the amenities. The applicant proposes to enter into a Development Agreement with the City that includes the voluntary community amenities shown in Table 6. Table 6: Community Amenity Summary Description Beneficiary Amount Comments School Resources Cash contribution for construction of permanent school room facilities CUSD $1.0 million This is a qualified community amenity because it benefits a school project. Public Open Space Cash contributions to the Veterans Memorial at Memorial Park City of Cupertino $250,000 While this is not in a current CIP program, the money is a placeholder and the applicant has indicated that they would be willing to let the City decide on the use of this money. Restroom improvement at Memorial Park City of Cupertino $50,000 While this is not in a current CIP program, the money is a placeholder and the applicant has indicated that they would be willing to let the City decide on the use of this money. Public Facilities Cash contribution towards the Cupertino Civic Center City of Cupertino $1.1 million This contribution is a qualified community amenity. $1.1 million Public Art City of Cupertino $150,000 ($250,000 total including City requirement) Community amenity portion above City requirements is: $150,000. The applicant has indicated that they would be willing to let the City decide on the use of this money. 139 Description Beneficiary Amount Comments Transportation Mary Avenue Road improvements, safety enhancements and safe routes to schools City of Cupertino $1.15 million Mary Ave road improvement item (excluding frontage improvements and median channelization) is qualified as community amenity: Staff notes that if the Council is supportive, the scope should include the entire length of Mary Ave between Stevens Creek Blvd and Don Burnett Bridge, installation of fiber optic communications along Mary Ave to City’s Service Center, green street, and pavement upgrade. Total cost to make the additional and proposed improvements is approximately $3M. Council can determine whether they wish to fund the balance of the improvements or whether the value proposed by the applicant may be used for another use. Cash contribution to city’s future senior shuttle program City of Cupertino $400,000 The contribution would be applied to a City-wide shuttle program, not necessarily limited to seniors) and is therefore a qualified community amenity. Total City Estimated Value of Qualified Community Amenities $4.1 million Total Value per sq. ft. $5.49 140 Table 7: Non-Qualified Community Amenity Summary Description Beneficiary Amount Comments School Resources Parcel Tax (requires Condominium Map on residential component of project) CUSD / FUHSD $0 The project does not include a subdivision map. This is payment of a tax and does not qualify as a community amenity. The applicant estimates this at $100,000 per year; or $2 million over 20 years. Existing parcel tax measures sunset in 6–8 years. Cash contribution for future study or signage improvements for safe routes to school De Anza College $0 The proposed contribution is not a community amenity because the beneficiary is De Anza College. Applicant estimates this at $100,000. Transportation Stevens Creek Boulevard traffic improvements City of Cupertino $0 The proposed improvements are part of the project requirements and do not qualify as a community amenity. Applicant estimates this at $450,000. 72 parking passes to De Anza College annually for five years De Anza College $0 The applicant estimates this cost as $32,400. However, it does not qualify as a community amenity. Affordable Housing Provide affordable housing levels in excess of City requirement City of Cupertino $0 Applicant would have had to pay a Below Market Rate Housing Mitigation Fee if affordable units not provided. However, the applicant is eligible to receive a density bonus of ~62 market rate units, up to two incentives and concessions (mixed use zoning, height, allocation), a parking reduction and an unlimited number of waivers (including setback reductions, reductions in common open areas, etc.) per state law. Applicant estimates this as $1.1M; however, it does not qualify as an additional benefit, since the applicant does not have to pay the BMR Mitigation fee. Economic Development Cash contribution for creation of City office incubator program City of Cupertino $0 The applicant proposes $500,000. However, it does not qualify as a community amenity. Applicant Estimated Value of Non-Qualified Community Amenities: ≈ $ 4.182 million 141 Staff Time and Resources The Planning Division will dedicate a project manager (either staff or consultant based on availability) to guide the project through the entitlement process appropriate environmental and city related reviews. Table 1 indicates the staff time estimated for each project. Staff time and consultant costs will be paid for by the applicant. PUBLIC NOTICING & OUTREACH The following table (Table 8) indicates the public noticing and outreach conducted on the General Plan authorization project. Table 8: Noticing and Outreach Noticing, Site Signage Agenda  Postcard mailed to all postal customers in the City of Cupertino and within 500 feet of subject property (including adjacent cities) if within 500 feet of city boundary (at least 10 days prior to meeting)  Posted on the City's official notice bulletin board (at least five days prior to the hearing)  Site signage on subject property (at least 10 days prior to meeting)  Posted on the City of Cupertino’s Web site (at least five days week prior to the hearing) Additional outreach has been conducted on the City’s Social Media platforms and advertising on the City Channel. As of publication of this staff report on January 27, 2016, staff has received two comments; one questioning why the City of Cupertino would allow General Plan amendments, and the other supporting the bicycle and pedestrian improvements proposed by the Oaks Shopping Center project. The email received is within Attachment D. Environmental Impact The California Environmental Quality Act (CEQA) does not apply since the City Council’s action, consideration and authorization of formal applications, is not a project as defined by CEQA. FISCAL IMPACT Fiscal impact analysis for each project is included in Attachment E.1 and E.2. 142  Good Year Tire: The fiscal impact analysis indicates that the full service hotel currently proposed by the applicant provides the City with a net fiscal positive revenue of $1.7 – 2.6 million.  Oaks site: The fiscal impact analysis indicates that as proposed the project would generates a net positive fiscal revenue of $1.1 million. A sensitivity analysis indicates that the hotel provides the most fiscal benefits in the project. Other portions of the project, including the office development, do not generate significant revenues or negatively impact the City’s revenues. NEXT STEPS Projects authorized by the Council to move forward will enter the formal development review process including necessary environmental analysis. The timeline for the projects will begin when the applications are complete and are expected to run about 7- 9 months. Projects additionally have the option to resubmit their application with minor adjustments based on Council input within 30 days of the Council meeting. The applications will be brought back to a subsequent meeting later in Spring 2016. _____________________________________ Prepared by: Catarina Kidd, AICP, Senior Planner Adam Petersen, Senior Planner Reviewed by: Piu Ghosh, Principal Planner Aarti Shrivastava, Assistant City Manager Approved for Submission by: David Brandt, City Manager Attachments: A- Resolution No.16-013 A Resolution authorizing applicants to submit General Plan amendment applications A.1 City Council policy for General Plan Amendment application procedures B- Goodyear Tire site project plans C- The Oaks project plans D- Comments from the public E.1- Preliminary Fiscal Impact Analysis for The Goodyear Tire site proposal, prepared by Economics and Planning Systems, Inc., dated January 1, 2016 E.2- Preliminary Fiscal Impact Analysis for The Oaks proposal, prepared by Economics and Planning Systems, Inc., dated January 1, 2016 143 RESOLUTION NO. 16-013 OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING PROSPECTIVE DEVELOPMENT PROPOSALS TO PROCEED AS GENERAL PLAN AMENDMENT APPLICATIONS PROJECT DESCRIPTION Application No: GPAauth-2015-01; GPAauth-2015-02 Applicant: City of Cupertino Location: 10931 N. De Anza Blvd., 21255-21755 Stevens Creek Blvd. WHEREAS, on September 15, 2015, the City Council adopted procedures for considering future General Plan amendments, including to review prospective applications twice a year and decide which are authorized to proceed as a General Plan Amendment application; and WHEREAS, the City Council decision to authorize one or more applicants to proceed with a General Plan amendment application, does not in any way presume approval of any proposed amendment or project; and WHEREAS, the City received two applications by November 16, 2015, deadline to be considered in the first cycle of the General Plan Amendment application review process; and WHEREAS, on February 2, 2016, the City Council held a public hearing to consider said General Plan Amendment authorization applications; and WHEREAS, the proposed Resolution is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment; and WHEREAS, the City Council has adopted criteria for determining whether an application will be authorized for processing as follows: : a. General Plan goals achieved by the proposed project, including, but not limited to, the following: (i) Site and architectural design and neighborhood compatibility; 144 Resolution No.____ February 2, 2016 Page 2 (ii) Brief description of net fiscal impacts (sales tax, transient occupancy tax or other revenue provided by the project), including the extent to which the project would diversify the City’s economic base; (iii) The provision of affordable housing; and (iv) Environmental Sustainability. b. General Plan amendments (and any other zoning amendments or variances) requested. c. Proposed voluntary community amenities, defined as (i) school resources, (ii) public open space, such as parks and trails, (iii) public facilities and utilities, such as library, community center or utility systems and (iv) Transportation facilities with an emphasis on city-wide bicycle, pedestrian and transit improvements, such as community shuttles, pedestrian and bicycle bridges, and transit centers/stations d. Staff time and resources required to process the project. NOW, THEREFORE, BE IT RESOLVED, that after careful consideration of maps, facts, exhibits, testimony, staff reports, public comments, and other evidence submitted in this matter, the City Council of the City of Cupertino has determined that the following proposals are eligible to proceed as General Plan Amendment applications: {Names of projects authorized to proceed by the City Council to be inserted here} PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Cupertino the 2nd day of February 2016, by the following roll call vote: Vote: Members of the City Council: AYES: NOES: ABSTAIN: ABSENT: RECUSE: ATTEST: APPROVED: _____________________ _______________________ Grace Schmidt Barry Chang City Clerk Mayor, City of Cupertino 145 RESOLUTION NO. 15-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING PROCEDURES FOR PROCESSING OF GENERAL PLAN AMENDMENT APPLICATIONS WHEREAS, on December 4, 2014, the City Council adopted an amended General Plan titled Community Vision 2040, which reflects community input, regulatory changes, best practices, and the desire to achieve community-building, sustainability, economic, and fiscal objectives; and WHEREAS, the City has been evaluating various programs to manage development to address development issues in light of concerns about rapid growth and the impacts of such growth overwhelming the City's ability to accommodate it, as well as the substantial impacts of development on quality of life in the community; and WHEREAS, as part of its evaluation process, the City has considered Community Business Incentive Zoning (CBIZ) and Growth Management programs; and WHEREAS, while CBIZ and Growth Management programs can be effective in metering growth and providing for community benefits, they can be difficult to administer, are limited by legal requirements and do not provide the flexibility for managing growth and its substantial impacts on the community; and WHEREAS, California Government Code Section 65358( a) provides that: "If it deems it to be in the public interest, the legislative body may amend all or part of an adopted general plan. An amendment to the general plan shall be initiated in the manner specified by the legislative body ... . ";and WHEREAS, each mandatory element of the City's General Plan may be amended no more than four times during any calendar year and, subject to that limitation, "an amendment may be made at any time, as determined by the legislative body" (Cal. Gov. Code 65358(b)); and WHEREAS, the City's Municipal Code does not address the timing or initiation of general plan amendments; and WHEREAS, rather than pursue a CBIZ or Growth Management program, the City desires to set forth an orderly process, in accordance with its legislative discretion, to consider General Plan amendments and ensure that proposals are fairly considered in light of the City's goals and concerns about growth; and WHEREAS, the City has prepared General Plan Amendment Procedures to provide a process for preliminary review of proposed amendments; and WHEREAS, the City Council conducted a public hearing on the proposed procedures on May 19, 2015, and the Council directed staff to provide more information and options at a future meeting; and WHEREAS, the City held an Open House on the General Plan Amendment Process on June 30, 2015, and the City Council held a Study Session after the Open House; and 146 Resolution No. 15-078 Page3 PROCEDURES FOR PROCESSING OF GENERAL PLAN AMENDMENT APPLICATIONS 1. Background/Goals Like many communities throughout the State, Cupertino is concerned about balancing the benefits of economic development with the effects of rapid growth. The impacts of such growth can overwhelm the City's ability to accommodate it and affect the quality of life in the community. The goal is to create a procedure for the consideration of future General Plan amendments that will encourage orderly development of the City and ensure that facility/service and quality of life standards can be met for the community. These procedures only address amendments requested by private parties. The City may initiate General Plan amendments when it deems necessary, such as, to conform to State law or to ensure consistency within the General Plan. 2. Procedure a. The Council will consider the timing and processing of General Plan amendments twice a year, approximately every six months. b. In order to be considered for processing, applicants will be required to apply for authorization to process a General Plan amendment by a designated date. c. In the quarter following the due date (generally), the Council will hold a publicly noticed meeting to preliminarily review the list of proposed General Plan amendments. d. Noticing-City-wide postcard and public meeting requirements. e. Each application will be preliminarily evaluated for the following: (i) General Plan goals achieved by the project including, but not limited to, the following: (1) Site and Architectural design and neighborhood compatibility (2) Brief description of net fiscal impacts (sales tax, transient occupancy tax or other revenue provided by the project) including a diverse economic base (3) The provision of affordable housing ( 4) Environmental Sustainability (ii) General Plan amendments (and any other zoning amendments or variances) requested. (iii) Proposed voluntary community amenities, as defined in Section 3, if any. (iv) Staff time and resources required to process the project. f. Based on the above evaluation the Council will consider which projects, if any, will be authorized to proceed with a General Plan amendment application. The decision does not in any way presume approval of the amendment or project. It only authorizes staff to process the application, but the City retains its discretion to consider the application in accordance with all applicable laws, including the California Environmental Quality Act 148 Resolution No. 15-078 Page4 (" CEQA") and the City's zoning laws and ordinances. Consideration of the application will be in accordance with the City's Municipal Code and regulations. g. Staff will begin processing the General Plan amendment applications per Council direction. A project that applies for processing should be in substantial compliance with the project authorized by Council. h. Proposals not authorized by the Council at the first meeting (per 2.c. above) may be resubmitted with minor amendments within 30 days. Such projects will be considered by the Council at a future public meeting, noticed per the Cupertino Municipal Code, after staff review. 3. Voluntary Community Amenities a. For purposes of this policy, voluntary community amenities are defined as facilities, land and/or funding contributions to ensure that any development with a General Plan amendment application enhances the quality of life in the City, including enhancements of the following: (i) School resources (ii) Public open space, such as parks and trails (iii) Public facilities and utilities, such as library, community center or utility systems (iv) Transportation facilities with an emphasis on city-wide bicycle, pedestrian and transit improvements, such as community shuttles, pedestrian and bicycle bridges, and transit centers/stations 4. Preliminary Review Requirements a. Preliminary documents that would be typically required for the type of application that is requested, such as site plans, preliminary landscape plans, elevations, cross sections, preliminary grading plans and proposed materials. b. A description, including graphics, of the General Plan amendment(s) and land use approvals required, if any. The description should include diagrammatic information as necessary to clearly explain the request. c. An explanation of how the proposed project meets the overall goals of the General Plan and the benefits/impacts of the project to the community and its quality of life. d. A brief summary of net fiscal impacts. e. In order to provide the public with early notice and opportunity to provide input, to the extent the proposed project includes voluntary community amenities, as defined in Section 3 above, of a type typically memorialized in a development agreement, the applicant should include a Term Sheet explaining the proposed terms. The Term Sheet will be memorialized in a Development Agreement as part of the project, if approved. 149 150 151 152 153 154 155 ww w . a r c t e c i n c . c o m PR O J E C T N U M B E R : 1 2 3 0 8 A P l a n n i n g A p p l i c a t i o n F o r : DE A N Z A P R O P E R T I E S 10 9 3 1 N . D e A n z a B l v d . 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FI R S T I S S U E O R N O C H A N G E S S I N C E P R E V I O U S I S S U E MO D I F I C A T I O N S S I N C E P R E V I O U S I S S U E IS S U E D A T E S A N D D E S C R I P T I O N S 11.16.15 PLANNING APPLICATION SUBMITTAL AR C H I T E C T : A R C T E C I N C . 99 A l m a d e n B o u l e v a r d , S u i t e 8 4 0 Sa n J o s e , C A 9 5 1 1 3 40 8 . 4 9 6 . 0 6 7 6 Cr a i g A l m e l e h ca l m e l e h @ a r c t e c i n c . c o m CI V I L EN G I N E E R : RU T H & G O I N G , I N C . 22 1 6 T h e A l a m e d a Sa n t a C l a r a , C A 9 5 0 5 0 40 8 . 2 3 6 . 2 4 0 0 Mi c h a e l S h e e h y ms h e e h y @ r u t h a n d g o i n g . c o m 20 1 0 C A L I F O R N I A B U I L D I N G C O D E ( C C R T I T L E 2 4 , P A R T 2 ) 20 1 0 C A L I F O R N I A E L E C T R I C C O D E ( C C R T I T L E 2 4 , P A R T 3 ) 20 1 0 C A L I F O R N I A M E C H A N I C A L C O D E ( C C R T I T L E 2 4 , P A R T 4 ) 20 1 0 C A L I F O R N I A P L U M B I N G C O D E ( C C R T I T L E 2 4 , P A R T 5 ) 20 1 0 C A L I F O R N I A E N E R G Y C O D E ( C C R T I T L E 2 4 , P A R T 6 ) 20 1 0 C A L I F O R N I A F I R E C O D E ( C C R T I T L E 2 4 , P A R T 9 ) 20 1 0 C A L I F O R N I A G R E E N B U I L D I N G S T A N D A R D S C O D E ( C C R TI T L E 2 4 , P A R T 1 1 ) AL L C O D E S A R E S U B J E C T T O L O C A L G O V E R N M E N T AM E N D M E N T S P E R C A L I F O R N I A B U I L D I N G S T A N D A R D S CO M M I S S I O N B U L L E T I N 1 0 - 0 3 . AP P L I C A B L E C O D E S LA N D S C A P E AR C H I T E C T : TH E G U Z Z A R D O P A R T N E R S H I P 18 1 G r e e n w i c h S t r e e t Sa n F r a n c i s c o , C A 9 4 1 1 1 41 5 . 4 3 3 . 4 6 7 2 Pa u l L e t t i e r i p. l e t t i e r i @ t g p - i n c . c o m OW N E R : TH E S O B R A T O O R G A N I Z A T I O N 10 6 0 0 N . D e A n z a B l v d . , S u i t e 2 0 0 Cu p e r t i n o , C A 9 5 0 1 4 CI V I L C1 . 0 B O U N D A R Y A N D T O P O G R A P H I C S U R V E Y C2 . 0 P R E L I M I N A R Y G R A D I N G P L A N C3 . 0 C R O S S S E C T I O N S LA N D S C A P E L1 . 0 1 C O N C E P T U A L L A N D S C A P E P L A N OW N E R N A M E : DE A N Z A P R O P E R T I E S PR O J E C T A D D R E S S : 10 9 3 2 1 N . D E A N Z A B L V D . CU P E R T I N O , C A 9 5 0 1 4 AS S E S S O R ' S P A R C E L N O . : AP N 1 6 0 - 5 5 - 0 1 5 , 0 1 6 ZO N I N G : CG - r g p e r O R D I N A N C E 4 3 6 SI T E A R E A , N E T : 56 , 2 8 7 S . 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NU M B E R O F S T O R I E S : 3 ( B E L O W G R A D E ) CO N S T R U C T I O N T Y P E : 1- A FI R E S P R I N K L E R S YE S OC C U P A N C Y T Y P E : S- 2 HO T E L R O O M S : 27 0 TY P E A : 9 4 TY P E B : 9 8 TY P E C : 1 6 TY P E D : 1 3 TY P E E : 1 1 TY P E F : 8 TY P E G : 5 TY P E H : 7 TY P E J : 1 2 TY P E K : 4 TY P E L : 2 PR O J E C T D A T A VIEW FROM NORTH EAST CORNER VIEW FROM SOUTH EAST CORNER 15 6 ONE WAY ON E W A Y RA M P D O W N ON E W A Y ONE W A Y ON E W A Y UPDN UPUPUPDN UP DN UP DN NO PA R K I N G 16'-0"23'-0" 1'-5" 2'-0" 18'-9" 28'-0"4'-0"4'-4" 8' - 6 " 26 ' - 0 " 2' - 4 " S 9 S 1 S 2 A 1 1 33 3 3 33 2 2 20'-0" SETBACK 20'-0" SETBACK 4 4 4 4 4 5 5 6 16 7 7 77 7 8 9 9 9 9 10 10 10 10 11 1 A4 . 0 1 A1 . 0 1 SI T E P L A N PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L PA R K I N G A N A L Y S I S . SI T E C O V E R A G E BU I L D I N G F O O T P R I N T 30 , 2 1 2 S . F . SI T E A R E A 56 , 2 8 7 S . F . / 1 . 2 9 A C R E S BU I L D I N G C O V E R A G E 53 . 7 % PA R K I N G R E Q U I R E D : 1 P E R E M P L O Y E E + 1 P E R R O O M 1 0 E M P L O Y E E S + 2 7 0 R O O M S TO T A L P A R K I N G R E Q U I R E D : 2 8 0 S P A C E S PA R K I N G P R O V I D E D ON G R A D E UN I S T A L L 13 S P A C E S VA N A C C E S S I B L E 1 S P A C E UN D E R G R O U N D P A R K I N G G A R A G E FI R S T L E V E L 65 S T A L L S SE C O N D L E V E L 65 S T A L L S TH I R D L E V E L 65 S T A L L S TO T A L P A R K I N G P R O V I D E D 20 8 S P A C E S PR E V I O U S L Y 2 0 8 S P A C E S AU T O M O B I L E P A R K I N G S T A L L D I M E N S I O N S ( 1 9 . 1 2 4 . 0 4 0 B ) ST A L L T Y P E W I D T H D E P T H A I S L E C O M P L I A N T UN I S T A L L 8 ' - 6 " 1 8 ' - 0 " 2 2 ' - 0 " Y E S RE Q U I R E D N U M B E R O F A C C E S S I B L E P A R K I N G S T A L L S ( C B C T A B L E 1 1 B - 2 0 8 . 2 ) 20 1 - 3 0 0 7 CO M P L I A N T MI N I M U M R E Q U I R E D TO T A L P A R K I N G S P A C E S YE S SC A L E : SI T E P L A N 1/ 1 6 " = 1 ' - 0 " KE Y N O T E S 123 PA V E D P A R K I N G A N D D R I V E S 6" H I G H C O N C R E T E C U R B 4 LA N D S C A P E A R E A , R E F E R T O L A N D S C A P E D R A W I N G S 5 AC C E S S I B L E P A T H O F T R A V E L S H O W N D A S H E D WA L K W A Y A N D H A R D S C A P E , R E F E R T O L A N D S C A P E A N D C I V I L D R A W I N G S 7 PO R T E C O C H E R E , R E F E R T O L A N D S C A P E D R A W I N G S F O R P A V I N G 9 LI N E O F B U I L D I N G A B O V E S H O W N D A S H E D 10 TR A N S F O R M E R V A U L T A C C E S S D O O R S 8 CA N O P Y A B O V E S H O W N D A S H E D 6 EX I S T I N G W A L K W A Y T O R E M A I N 11 EX I S T I N G P R O P E R T Y L I N E S H O W N D A S H E D TR A N S I T M A P SI T E VI C I N I T Y M A P SI T E 28 0 Ho m e s t e a d R d . St e v e n s C r e e k B l v d . Fr e m o n t A v e . De Anza Blvd.Sunnyvale Saratoga Rd. Wolfe Rd. 85 15 7 RA M P D O W N UP DNRAMP UP 23 2 ' - 0 " 30 ' - 0 " 12'-6" 125'-6" 29'-0"15'-0"15'-0"28'-0"15'-2" 15 ' - 7 " UPDN 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"30'-0"11'-0" 30 ' - 0 " 15 ' - 7 " 13 ' - 6 " 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"23'-3"13'-6"30'-0" 11 ' - 0 " UPUPUPDN 5'-4"2'-11"2'-7" UP DN UP DN 2'-6" 2' - 6 " UP DN S 8 S 21 S 3 S 11 S 11 S3 S8 A2 . 0 1 BA S E M E N T L E V E L - 1 F L O O R P L A N PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : BA S E M E N T L E V E L - 1 P L A N ( 6 5 S P A C E S ) 1/ 8 " = 1 ' - 0 " 15 8 RA M P D O W N RAMP UP 23 2 ' - 0 " 30 ' - 0 " 12'-6" 125'-6" 29'-0"15'-0"15'-0"28'-0"15'-2" 15 ' - 7 " UPDN 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"30'-0"11'-0" 30 ' - 0 " 15 ' - 7 " 13 ' - 6 " 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"23'-3"13'-6"30'-0" 11 ' - 0 " UPUPUPDN 5'-4"2'-11"2'-7" UP DN UP DN 2'-6" 2' - 6 " UP DN UP DN S 8 S 21 S 3 S 11 S 11 S3 S8 A2 . 0 2 BA S E M E N T L E V E L - 2 F L O O R P L A N PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : BA S E M E N T L E V E L - 2 P L A N ( 6 5 S P A C E S ) 1/ 8 " = 1 ' - 0 " 15 9 RAMP UP 23 2 ' - 0 " 30 ' - 0 " 12'-6" 125'-6" 29'-0"15'-0"15'-0"28'-0"15'-2" 15 ' - 7 " 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"30'-0"11'-0" 30 ' - 0 " 15 ' - 7 " 13 ' - 6 " 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"23'-3"13'-6"30'-0" 11 ' - 0 " UPUPUPDN 5'-4"2'-11"2'-7" UP DN UP DN 2'-6" 2' - 6 " UP DN UP DN S 8 S 21 S 3 S 11 S 11 S3 S8 A2 . 0 3 BA S E M E N T L E V E L - 3 F L O O R P L A N PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : BA S E M E N T L E V E L - 3 P L A N ( 6 5 P A R K I N G S T A L L S ) 1/ 8 " = 1 ' - 0 " PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L 16 0 23 2 ' - 0 " 30 ' - 0 " 12'-6" 125'-6" 29'-0"15'-0"15'-0"28'-0"15'-2" 15 ' - 7 " UPDN 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"30'-0"11'-0" 30 ' - 0 " 15 ' - 7 " 13 ' - 6 " 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"23'-3"13'-6"30'-0" 11 ' - 0 " UPUPUPDN 5'-4"2'-11"2'-7" UP DN UP DN 2'-6" 2' - 6 " GA L L E R Y EMERGENCY EXIT &KITCHEN DELIVERY DOORS EM E R G E N C Y EX I T TRASH ROOM704 SF KITCHEN1,288 SF SERVICECORRIDORo.h. door EQUIP. STOR.590 SF WO M E N LOUNGE MENCONFERENCE #41,336 SF90 OCCUPANTS JA N . / ST O R . glassdivider BU I L D I N G UT I L I T Y EL E V . L O B B Y LO U N G E LO B B Y CO N F E R E N C E # 1 1, 7 1 3 S F 11 4 O C C U P A N T S CONFERENCE # 2 1,513 SF101 OCCUPAN T S EX I T CO R R I D O R STOR.CONFERENCE #31,165 SF78 OCCUPANTS ST O R . STOR. BE L L C A P / LU G G A G E ST O R A G E 24 5 S F LO B B Y DE S K DI N I N G BA R elev. opening BA R ST O R A G E AN D D I S H AR E A 11 0 S F OF F I C E 17 0 S F ELEC.ROOM ONE WAY ON E W A Y RA M P D O W N ON E W A Y ON E W A Y ON E W A Y 23 2 ' - 0 " 30 ' - 0 " 12'-6" 125'-6" 29'-0"15'-0"15'-0"28'-0"15'-2" 15 ' - 7 " UPDN 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"30'-0"11'-0" 30 ' - 0 " 15 ' - 7 " 13 ' - 6 " 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"23'-3"13'-6"30'-0" 11 ' - 0 " UPUPUPDN 5'-4"2'-11"2'-7" UP DN UP DN 2'-6" 2' - 6 " GA L L E R Y EMERGENCY EXIT &KITCHEN DELIVERY DOORS EM E R G E N C Y EX I T TRASH ROOM704 SF KITCHEN1,288 SF SERVICECORRIDORo.h. door EQUIP. STOR.590 SF WO M E N LOUNGE MENCONFERENCE #41,336 SF90 OCCUPANTS JA N . / ST O R . glassdivider BU I L D I N G UT I L I T Y EL E V . L O B B Y LO U N G E LO B B Y CO N F E R E N C E # 1 1, 7 1 3 S F 11 4 O C C U P A N T S CONFERENCE # 2 1,513 SF101 OCCUPAN T S EX I T CO R R I D O R STOR.CONFERENCE #31,165 SF78 OCCUPANTS ST O R . STOR. BE L L C A P / LU G G A G E ST O R A G E 24 5 S F LO B B Y DE S K DI N I N G BA R elev. opening BA R ST O R A G E AN D D I S H AR E A 11 0 S F OF F I C E 17 0 S F ELEC.ROOM NO PA R K I N G 2 A3 . 0 1 1 A3 . 0 1 2 A3 . 0 2 1A3.02 A2 . 1 1 FI R S T L E V E L F L O O R P L A N PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : HO T E L - L O B B Y L E V E L , C O N F E R E N C E , A N D S E R V I C E 1/ 8 " = 1 ' - 0 " 16 1 23 2 ' - 0 " 30 ' - 0 " 12'-6" 125'-6" 29'-0"15'-0"15'-0"28'-0"15'-2" 15 ' - 7 " UPDN 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"30'-0"11'-0" 30 ' - 0 " 15 ' - 7 " 13 ' - 6 " 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"23'-3"13'-6"30'-0" 11 ' - 0 " UPUP 5'-4"2'-11"2'-7" UP DN UP DN 2'-6" 2' - 6 " 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 2 A3 . 0 1 1 A3 . 0 1 2 A3 . 0 2 1A3.02 A2 . 1 2 SE C O N D L E V E L F L O O R P L A N PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : SE C O N D L E V E L F L O O R P L A N - ( 2 3 R O O M S ) 1/ 8 " = 1 ' - 0 " 16 2 23 2 ' - 0 " 30 ' - 0 " 12'-6" 125'-6" 29'-0"15'-0"15'-0"28'-0"15'-2" 15 ' - 7 " UPDN 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"30'-0"11'-0" 30 ' - 0 " 15 ' - 7 " 13 ' - 6 " 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"23'-3"13'-6"30'-0" 11 ' - 0 " 5'-4"2'-11"2'-7" UP DN UP DN 2'-6" 2' - 6 " 1 2 3 4 5 678910 11 12 13 14 15 16 17 1819202122 23 24 25 26 27 28 29 30 31 32 333435363738 BA L C O N Y (L E V E L S 6 AN D 7 O N L Y ) 2 A3 . 0 1 1 A3 . 0 1 2 A3 . 0 2 1A3.02 BALCONY(LEVELS 6AND 7 ONLY) A2 . 1 3 TH I R D L E V E L T H R U SE V E N T H L E V E L F L O O R P L A N T Y P . PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : TH I R D L E V E L T H R U S E V E N T H L E V E L F L O O R P L A N T Y P . - ( 3 8 R O O M S O N E A . F L O O R ) 1/ 8 " = 1 ' - 0 " 16 3 23 2 ' - 0 " 30 ' - 0 " 12'-6" 125'-6" 29'-0"15'-0"15'-0"28'-0"15'-2" 15 ' - 7 " UPDN 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"30'-0"11'-0" 30 ' - 0 " 15 ' - 7 " 13 ' - 6 " 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"23'-3"13'-6"30'-0" 11 ' - 0 " 5'-4"2'-11"2'-7" UP DN UP DN 2'-6" 2' - 6 " 1 2 3 456 7 8 9 10 11 121314 15 16 17 18 19 20 21 22 23 24 252627282930 2 A3 . 0 1 1 A3 . 0 1 2 A3 . 0 2 1A3.02 A2 . 1 8 EI G H T H L E V E L FL O O R P L A N PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : EI G H T H L E V E L F L O O R P L A N - ( 3 0 R O O M S ) 1/ 8 " = 1 ' - 0 " 16 4 23 2 ' - 0 " 30 ' - 0 " 12'-6" 125'-6" 29'-0"15'-0"15'-0"28'-0"15'-2" 15 ' - 7 " UPDN 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"30'-0"11'-0" 30 ' - 0 " 15 ' - 7 " 13 ' - 6 " 13 ' - 5 " 29 ' - 0 " 29 ' - 0 " 29 ' - 0 " 13'-5"15'-7"23'-3"13'-6"30'-0" 11 ' - 0 " 5'-4"2'-11"2'-7" UP DN UP DN 2'-6" 2' - 6 " 1 2 3 4 5 6 7 8 91011 12 13 14 15 16 17 18 19 20 21 222324272526 2 A3 . 0 1 1 A3 . 0 1 2 A3 . 0 2 1A3.02 A2 . 1 9 NI N T H L E V E L FL O O R P L A N PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : NI N T H L E V E L F L O O R P L A N - ( 2 7 R O O M S ) 1/ 8 " = 1 ' - 0 " 16 5 A B D E F C C G BH SCALE: 7ROOM T Y P E A , B , D , E 1/4" = 1 ' - 0 " A2 . 5 1 EN L A R G E D R O O M P L A N S PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SCALE: 9ROOM T Y P E G 1/4" = 1 ' - 0 " SCALE: 8ROOM T Y P E F 1/4" = 1 ' - 0 " SC A L E : 6 RO O M T Y P E C 1/ 4 " = 1 ' - 0 " SCALE: 11ROOM TYPE H1/4" = 1'-0"SCALE: 12ROOM TYPE J1/4" = 1'-0" 16 6 J D K A L 12'-6"29'-0"K A2 . 5 2 EN L A R G E D R O O M P L A N S PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SCALE: 12ROOM TYPE L1/4" = 1'-0" SC A L E : 8 RO O M T Y P E A , D , J , K 1/ 4 " = 1 ' - 0 " SCALE: 10ROOM TYPE K1/4" = 1'-0" 16 7 18'-0"9'-6"9'-6"9'-6"9'-6"9'-6"9'-6"9'-6"11'-0"9'-0" 104'-6" 18'-0"9'-6"9'-6"9'-6"9'-6"9'-6"9'-6"9'-6"11'-0"9'-0" 104'-6" PR O P O S E D B U I L D I N G PR O P O S E D B U I L D I N G H E I G H T 10 4 ' - 6 " CU R R E N T M A X . B U I L D I N G H E I G H T 90 ' - 0 " A3 . 0 1 EX T E R I O R E L E V A T I O N S PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : EA S T E X T E R I O R E L E V A T I O N 1 3/ 3 2 " = 1 ' - 0 " SC A L E : WE S T E X T E R I O R E L E V A T I O N 2 3/ 3 2 " = 1 ' - 0 " 16 8 18'-0"9'-6"9'-6"9'-6"9'-6"9'-6"9'-6"9'-6"11'-0"9'-0" 104'-6" RE Q U I R E D S E T B A C K L I N E A T 1 : 1 PROPERTY LINE 18'-0"9'-6"9'-6"9'-6"9'-6"9'-6"9'-6"9'-6"11'-0"9'-0" 104'-6" RE Q U I R E D S E T B A C K L I N E A T 1 : 1 PROPERTY LINE A3 . 0 2 EX T E R I O R E L E V A T I O N S PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : EA S T E X T E R I O R E L E V A T I O N 1 1/ 8 " = 1 ' - 0 " SC A L E : WE S T E X T E R I O R E L E V A T I O N 2 1/ 8 " = 1 ' - 0 " 16 9 A3 . 1 1 RE N D E R E D E X T E R I O R E L E V A T I O N S PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : EA S T E X T E R I O R E L E V A T I O N 1 3/ 3 2 " = 1 ' - 0 " SC A L E : WE S T E X T E R I O R E L E V A T I O N 2 3/ 3 2 " = 1 ' - 0 " 17 0 A3 . 1 2 RE N D E R E D E X T E R I O R E L E V A T I O N S PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : NO R T H E X T E R I O R E L E V A T I O N 1 3/ 3 2 " = 1 ' - 0 " SC A L E : SO U T H E X T E R I O R E L E V A T I O N 2 3/ 3 2 " = 1 ' - 0 " 17 1 A B C D E FJ N. D E A N Z A B L V D RAMP TO GARAGE PROPERTY LINE A4 . 0 1 SI T E S E C T I O N PR O J E C T N O : DA T E DE S C R I P T I O N In A s s o c i a t i o n w i t h : A New Project for: DE ANZA PROPERTIES 10931 N. De Anza Blvd. Cupertino, CA 9501412 3 1 0 8 11 . 1 6 . 1 5 P L A N N I N G D E P T . S U B M I T T A L SC A L E : SI T E S E C T I O N 1 1/ 8 " = 1 ' - 0 " 17 2 173 PROJECT NO: DATE DESCRIPTION In Association with: 123108 11.13.14PLANNING DEPT. SUBMITTAL 174 PROJECT NO: DATE DESCRIPTION In Association with: 123108 11.13.14PLANNING DEPT. SUBMITTAL 175 PROJECT NO: DATE DESCRIPTION In Association with: 123108 11.13.14PLANNING DEPT. SUBMITTAL 176 City of Cupertino General Plan Amendment Application for The Oaks November 16, 2015 Proposed by: 21710 Stevens Creek Boulevard, Suite 200 Cupertino, CA 95014 177 November 16, 2015 David Brandt, City Manager Aarti Shrivastava, Assistant City Manager Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014-3202 Dear City Manager Brandt and Assistant City Manager Shrivastava, On behalf of KT Urban, I am pleased to submit this General Plan Amendment Application in support of the revitalization of The Oaks Shopping Center, located on Stevens Creek Boulevard at Highway 85. The city’s Specific Plan envisions The Oaks becoming Cupertino’s western gateway to the “Heart of the City,” the most important commercial corridor in town. After purchasing the obsolete shopping center earlier this year, my brother and I immediately began working on plans to transform the site into a modern mixed-use development where people can live, work, shop and dine. As we propose to repurpose it, The Oaks will help Cupertino realize its “Heart of the City” goals by creating a greater sense of place, enhancing community identity, promoting sustainability and providing residents and visitors with many enjoyable and memorable experiences. We have actively engaged the community about our plans to transform The Oaks for the last several months. To date we have sent two citywide mailers, held nine community meetings, and received input from nearly 1,000 residents. Using their feedback, along with the input received from nearby property owners and key community leaders, we have designed a project that addresses the needs and concerns of neighbors. Our goal is to create a vibrant mixed-use project that Cupertino residents will be proud of and that the community will support. As a Cupertino-based company with deep family and business ties to the community, KT Urban is committed to work with you, our local schools, and the community at large to build the new Oaks project in a way that further enhances our city’s already-great quality of life. We look forward to your review of this application and to answering any questions that you may have. Thank you. Sincerely, Mark Tersini, Principal 178 The Oaks Shopping Center General Plan Amendment Application November 16, 2015 Contents Executive Summary …………………………………………………………………………………………………. 1 Section 1: Project Fact Sheet ……………………………………………………………………………………. 5 Project Owner/Applicant …………………………………………………………………………………………….. 5 Project Site ………………………………………………………………………………………………………………….. 5 Project Location …………………………………………………………………………………………………………… 5 General Plan Land Use …………………………………………………………………………………………………. 5 Zoning Designation ………………………………………………………………………………………………………. 5 Section 2: Comprehensive Project Description ………………………………………………………….. 6 Project Objectives ………………………………………………………………………………………………………… 6 Site and Architecture ……………………………………………………………………………………………………. 6 Neighborhood Compatibility ………………………………………………………………………………………… 6 Sustainability ……………………………………………………………………………………………………………….. 7 Green Building …………………………………………………………………………………………………. 7 Tree Assessment Plan ………………………………………………………………………………………. 8 Traffic Improvements and Safe Routes to Schools …………………..…………………………………… 8 Transportation Demand Management Programs …………………………………………………………. 9 City of Cupertino Affordable Housing Plan …………………………………………………………………… 10 State Density Bonus Requests ……………………………………………………………………………………… 10 Project Incentives & Concessions …………………………………………………………………….. 11 Development Standard Waiver ……………………………………………………………………….. 11 Maximum Parking Standards ………………………………………………………………………….. 12 Requested General Plan Amendments ………………………………………………………………………… 16 Requested Specific Plan Revisions ……………………………………………………………………………….. 17 Section 3: Project Plans ……………………………………………………………………………………………. 18 Section 4: Summary of Net Fiscal Impact ………………………………………………………………….. 20 Summary ……………………………………………………………………………………………………………………… 20 Fiscal Impact – City of Cupertino ………………………………………………………………………………….. 21 Fiscal Impact – School Districts …………………………………………………………………………………….. 22 City/School District Impact Fees …………………………………………………………………………………… 23 Section 5: Voluntary Community Amenities ……………………………………………………………… 24 Appendices Appendix 1: General Plan Consistency Matrix …………………………………………………………… 1 Appendix 2: Specific Plan Consistency Matrix ……………………………………………………………. 5 Appendix 3: Potential TDM Program Measures …………………………………………………………. 8 Appendix 4: The Oaks Parking Assessment ……………………………………………………………….. 13 179 pg. 1 Executive Summary KT Urban proposes to replace an existing, obsolete 71,254 sq. ft. retail shopping center with a signature, mixed-use project at the western gateway to the Heart of the City – Cupertino’s key mixed-use corridor. The proposed mixed-use project includes a 280,000 sq. ft. office building, a 200-room hotel, 270 residential units and approximately 48,000 sq. ft. of retail. The project will provide both surface and below-grade parking to enhance and maximize pedestrian connectivity and open spaces. The proposed project will replace the existing shopping center with the following uses: USE EXISTING USE PROPOSED USE Office 17,553 sq. ft. 280,000 sq. ft. Hotel 200 rooms Residential 270 units Retail 53,701 sq. ft. 47,660 sq. ft. Parking 517 spaces 1208 spaces The redevelopment of the Oaks Shopping Center will help the City of Cupertino meet a significant number of goals and objectives that are envisioned in the City’s General Plan. The project will contribute positively to the City’s fiscal stability and improve the quality of life for its residents. The total annual net positive fiscal impact to the City of Cupertino General Fund and to the school districts, combined, equals $2,404,000 (or $4,920,000 in total annual city and district tax revenues before costs). The total one-time impact fees for parks and below market rate housing to the City of Cupertino and school construction fees, combined, equals $12,870,000. The project design responds to the surrounding neighborhood, strives to meet sustainability standards via accepted land planning and building practices, reduces traffic impacts through street improvements and Traffic Demand Management programs, improves trail and bicycle networks, provides safe routes to schools and helps the City meet its affordable housing goals. Cupertino schools represent one of the community’s most valuable assets. KT Urban has met with both the Cupertino Union School District and the Fremont Union High School District regarding the project to confirm student generation rates and make sure that the future of Cupertino schools remains bright, after factoring in the project’s likely new students and its positive financial impact for the districts. 180 pg. 2 Office Today’s technology companies require work environments that are sustainable and allow them to attract top talent. According to Applied Development Economics, the firm that conducted an office market assessment for KT Urban, vacancy rates in the City are very low, even by regional standards, and the majority of existing office inventory consists of Class B and C space that does not reflect current work patterns and employer needs. The project’s new Class A office building will afford the City of Cupertino the opportunity to attract a headquarters user. The 7-story office building will be located along the western border of the property in order to maximize visibility along the Highway 85 corridor, buffer the project from adverse impacts such as noise, minimize the visual impacts to the surrounding neighborhood and provide connectivity to future transportation nodes. Hotel The project will also include a 200-room hotel and conference facility. The hotel will also be designed as a modern, flagship hotel that will generate substantial incremental tax revenue for the City. The conference facility could also serve as community space for City residents. Hotel amenities will include a shuttle service to reduce traffic impacts. The shuttle service will provide site commuters a "last-mile" connection between local employment centers, retail services and public transit to and from the site location. The shuttle will also provide transportation to local schools for students who live in the proposed project. Retail The retail portion of the project is designed to become the destination for shopping, dining and entertainment in the Heart of the City. Oriented around a Main Street or Boulevard configuration, the retail space is internally connected through a network of pedestrian and open spaces, linking the office, hotel and residential uses. The 47,660 sq. ft. of new retail space is situated along the ground floors of the residential buildings between Stevens Creek Boulevard and Mary Avenue. Some of these buildings will be designed to create visual interest and invite patrons into the mixed-use project. Residential The 270 residential units (200 units are currently allocated) provide the opportunity for housing in close proximity to jobs. Residential units will be constructed in four levels above ground floor retail spaces. The residential units will consist of 200 market-rate apartments in two buildings, and a third building – located across the street from the City’s senior center – that will be designed to address the shortage of senior housing in the City by providing 70 senior apartment units. The senior apartment units will include 40 market-rate senior housing units and 30 affordable or below market rate units (22 very low-income and 8 low-income). 181 pg. 3 KT Urban will seek to process a condominium map as part of its project development approvals. The condominium map will enhance the project’s fiscal stability and generate approximately $2.0 million in incremental recurring revenue for Cupertino schools over a 20-year period. Affordable Housing The owner recognizes the challenges of finding sites to build affordable housing in Cupertino. Rather than pay an in-lieu fee, the project proposes to help the City meet its affordable housing goals by building below market rate units on-site at greater affordability rates than required by the City of Cupertino’s Below Market Rate (BMR) Housing Program. The City’s BMR Housing Program requires that 15% of rental units be built at below market rate, 60% of those BMR units be built at very low-income level (15%x60%=9%) and 40% be built at low- income level (15%x40%=6%). The project will exceed the City of Cupertino’s requirements by building 15% of the units (30 units) at below market rates – 11% of the project’s units (22 units) will be built at very low-income levels and 4% of them (8 units) will be built at low-income levels. State Density Bonus In order to encourage the development of affordable and senior housing, the State’s Density Bonus Law (California Government Code Sections 65915-65918) and the City’s Density Bonus Ordinance allow a number of mechanisms to assist a project’s economics and physical development. The owner will utilize the State Density Bonus Law to address project constraints typical of mixed-use projects and reduce the number of required general plan amendments. General Plan Amendment The City’s approval of the requested general plan amendments will facilitate the construction of the project and create a signature, mixed-use project that will serve as a model for future development in the City of Cupertino. Specifically, KT Urban is requesting a general plan amendment that: 1) increases the allocation of office square footage; and, 2) increases the allocation of hotel rooms. The owner also anticipates minor revisions to the Heart of the City Specific Plan as a result of the general plan amendment process. Voluntary Community Amenities Consistent with the City’s adopted General Plan Amendment policy, KT Urban is proposing a number of voluntary public amenities as part of its application. These voluntary amenities reflect needs identified by the community, based on the owner’s extensive neighborhood and public outreach efforts over the last several months. KT Urban conducted a series of nine community meetings in August 2015 with the objective of introducing our project to the residents of Cupertino and listening to their constructive feedback. Our outreach efforts also included numerous meetings with the Cupertino Union School District, Fremont Union High School District, De Anza College, Friends of Stevens Creek Trail, Walk Bike Cupertino, Santa Clara County League of Conservation Voters, Mineta Institute, Cupertino Rotary, and the Cupertino Chamber of 182 pg. 4 Commerce, among others. In total, the owner is proposing approximately $8 million in voluntary public amenities. The project site currently consists of two legal parcels, Parcel 1 (326-27-039) & Parcel 2 (326-27- 040 & 041) per Book 838 of Maps, Page 24-25, Santa Clara County Records. During its project development approvals, KT Urban will seek to subdivide the property into four legal parcels. Parcelization is primarily required to meet market-driven lending standards and to phase the construction of project improvements. The proposed parcel lines will correspond to the mix of proposed uses (office, hotel, market rate residential and senior/below market rate residential) and will help ensure the project’s financial viability – as well as promote the City’s fiscal stability. KT Urban looks forward to working with the City Council, City staff, and City residents to turn the Oaks Shopping Center into a vibrant, signature mixed-use center. 183 pg. 5 Section 1: Project Fact Sheet Project Owner/Applicant 190 West St. James, LLC dba “KT Urban” 21710 Stevens Creek Boulevard Cupertino, CA 95014 Project Site The Oaks Shopping Center 21267 Stevens Creek Boulevard Cupertino, CA 95014 APN: Parcel 1 (326-27-039) Parcel 2 (326-27-040 & 041) County Records Size: 8.1 acres Project Location The project site is located at the intersection of Highway 85 and Stevens Creek Boulevard – the gateway to the City of Cupertino. Highway 85, Mary Avenue and Stevens Creek Boulevard border the project. The Glenbrook Apartments are to the north of the subject property; De Anza College is to the south; Memorial Park is to the east; and Highway 85 is to the west. General Plan Land Use Current Commercial|Residential* Proposed Commercial|Office|Residential* Zoning Designation Current Planned Development with General Commercial|Residential Proposed Planned Development with General Commercial|Residential|Professional Office *The site is identified as a Housing Opportunity site with 200 housing unit allocations in the Community Vision 2040 Housing Element. 184 pg. 6 Section 2: Comprehensive Project Description Project Objectives The redevelopment of the Oaks Shopping Center will help the City meet a significant number of goals and objectives that are envisioned in the City’s General Plan and other planning documents, such as the Heart of the City Specific Plan. The proposed project will help the City of Cupertino realize its goal for “a vibrant, mixed-use ‘Heart of the City’” and will serve as the City’s western gateway. Specifically, KT Urban believes that the project will:  Enhance the City’s economic vitality and fiscal stability by strengthening the City’s tax base through the redevelopment of an obsolete commercial center.  Increase the quality of life for all Cupertino residents through significant voluntary community amenities for the City, estimated to total $8 million.  Generate significant one-time and recurring revenue for the Cupertino Union School District and the Fremont Union High School District.  Improve the balance between jobs and housing in Cupertino by employing Smart Growth land use principles and promoting public transit, walkability and biking.  Provide affordable and senior housing on-site, in conjunction with a voluntary agreement to be entered in to with the City’s Housing Department.  Mitigate impacts generated by redevelopment of the site by working proactively with the City.  Utilize sustainable land use strategies, as well as building and construction methodologies, that conserve resources for future generations. See Appendix 1: General Plan Consistency Matrix and Appendix 2: Heart of the City Specific Plan Consistency Matrix to see how the proposed project is consistent with the General Plan and the Specific Plan. Site and Architecture The proposed project introduces a mixed-use urban village along the western gateway to the Heart of the City of Cupertino. With high-quality architectural design and building finishes, the proposed urban village brings a refined design sensibility that ties the site’s buildings together and integrates them with the surrounding neighborhood. The building layout emphasizes pedestrian circulation through the site by connecting the site’s office, hotel, residential, and retail services. Please see the Illustrative Site Plan sheet G.001 for more details. Neighborhood Compatibility The project responds to the surrounding site context by providing active retail and commercial space along Stevens Creek Boulevard and easy pedestrian access from Memorial Park, De Anza College and the adjacent residential community. The project’s proposed office building is located along Highway 85 to buffer the hotel, residential and retail uses from freeway noise. The proposed 185 pg. 7 hotel links the office uses and ground floor retail along the project’s main boulevard, providing an active pedestrian corridor within the project. The proposed residential buildings complement the residential uses at the Glenbrook Apartments and step heights down along Mary Avenue to soften the interface with the existing neighborhood. The senior apartments are located directly across the street from Memorial Park and the Senior Center, providing convenient access for residents. Sustainability The project recognizes that we all share a common future and that resources must be conserved for future generations. The project will strive to meet accepted sustainability standards and strategies by employing Smart Growth land use planning principles and adopting green building design and construction methodologies. The site’s location, combined with the proposed land use plan and a comprehensive Transportation Demand Management (TDM) Program, will help combat global warming by reducing traffic and greenhouse gases. Green Building The proposed project will achieve a minimum of LEED Silver certification, as required by the City. The design of the proposed project will focus on the following sustainable goals:  Location and Transportation: The proposed project will utilize a compact development pattern with compatible uses in close proximity to community amenities and retail services. The site also provides pedestrian access to existing and future mass transit along the Permanente rail line or within the existing Highway 85 right-of-way (see the TDM Program Section below). The project intends to coordinate the off-site improvements design with the potential Stevens Creek Trail connection that is currently being evaluated within the project area. The project will strive to incorporate segments of the trail into the project improvements wherever feasible.  Sustainable Sites: The proposed project will provide additional landscaping and open space, as well as a reduction in impervious surface from the existing shopping center and at-grade parking lot. Rainwater management will be provided by Municipal Regional Stormwater Permit (MRP) Provision C.3 to address post-construction stormwater management requirements for redevelopment projects that add and/or replace 5,000 sq. ft. or more of impervious area. The MRP requires that Low Impact Development methods be the mechanism for implementing such controls, designed per the following hydraulic sizing criteria: Volume Hydraulic Design Basis, Flow Hydraulic Design Basis, Combination Flow and Volume Design Basis.  Water Efficiency and Conservation: The proposed project will feature native and drought-tolerant plants that require minimal supplemental water, paired with efficient irrigation systems to reduce outdoor water usage. High-efficiency plumbing fixtures will conserve indoor water usage. 186 pg. 8  Energy Performance and Efficiency: The proposed project will feature high-efficiency heating and cooling systems, hot water equipment and appliances to reduce energy consumption. The apartment units are designed as compact living spaces to reduce energy consumption per occupant. High performance window glazing and building envelope insulation will be provided and air leakage minimized to minimize energy waste.  Materials and Construction Waste Management: The proposed project will be built with environmentally preferable products with a high-recycled content, sensitive to the use of natural resources. Material-efficient framing will reduce the amount of framing materials required, and an aggressive construction waste management plan will reduce construction waste and promotes recycling of construction debris.  Indoor Environmental Quality: The proposed project will include outdoor air ventilation to reduce moisture and indoor pollutants. High-rated air filters will reduce particulate matter within the air supply system, and compartmentalization of residential units will minimize the transfer of air pollutants between units. Walk-off mats and low-emitting products reduce airborne contaminants through source control. Tree Assessment Plan A Tree Assessment prepared by Hort Science in March 2015 surveyed and documented the condition of existing vegetation at The Oaks site, taking into consideration the viability of vegetation in the context of the proposed project’s Site Plan. The arborist performed a survey and assessment on site, providing a suitability score to the existing trees ranked as High, Moderate and Low. The configuration of the proposed development does not allow for the interior trees to remain, given the extent, location and massing of the proposed buildings. The majority of the interior trees, however, fall in the low suitability category. The oak trees on-site are mostly located in the eastern side at the interior of the site and present low suitability based on age, disease, and debilitation. However, there are a few viable specimens located on-site. The proposed planting palette will seek to integrate and reinforce the site’s perimeter with additional new plantings of oaks, as a way to give continuation to the character of the site. There is potential for maintaining a majority of the perimeter trees along the south and northwest perimeter edges, which include several Evergreen Ash specimens that will provide character and retain environmental value for the development. Please see the Landscape drawing sheets regarding the site’s preliminary Tree Assessment. Traffic Improvements and Safe Routes to Schools Reducing traffic impacts and improving safe routes to schools are a primary objective of the project. The project’s design seeks to enhance the pedestrian interface along Stevens Creek Boulevard by making street improvements and installing wide landscape planting areas with an “Oak Grove” concept per the Heart of the City Specific Plans. Along Mary Avenue, the proposed project reduces the travel lane width to slow traffic, provides a “buffer” space between cars and 187 pg. 9 bicycles to enhance safety, augments pedestrian crosswalks and adds street medians and a curbside planting strip with trees to create a more pedestrian-friendly environment and promote connectivity to the neighborhood. Transportation Demand Management Programs Given that the proposed project will include multiple land uses with varying travel demands, a multi-faceted Transportation Demand Management (TDM) Program is essential to properly serve the overall development and its user groups. The proposed TDM Program provides measures for the overall site development, as well as measures related to specific uses. Following is a summary of proposed measures:  Building entries are located along a well-defined on-site pedestrian pathway and network. The on-site pedestrian pathway provides safe passage from new off-site pedestrian facilities to each building and promotes pedestrian circulation to and from the site. Furthermore, these facilities ensure that pedestrians do not need to travel through parking areas in order to access the main entries.  Spaces located near the main entrance can be designated as carpool/vanpool spaces. The placement of these spaces would encourage carpool/vanpool passengers and thus help to increase the use of carpools/vanpools.  The project will provide improvements for bicycle facilities located in proximity to the project site. These improvements include new bike lanes, bicycle paths, high visibility striping and bicycle boxes at intersections. The project site will also include bicycle lockers and bicycle parking racks and possible electric bike chargers for commuters. These facilities should be located to promote ease of use for bicyclists.  The project site will deploy a shuttle service that provides all site commuters a "last-mile" connection from existing public transit to and from the site location. The shuttle will also provide services for students to local schools who live in the proposed project.  For the office building, a Transportation Coordinator will oversee the entire tenant- implemented program and service measures. The Transportation Coordinator will be responsible for disseminating information, overseeing promotional programs and conducting reporting and monitoring. The Transportation Coordinator will also provide information to employees, such as transit and bicycle facility maps, transit schedules and overall TDM information that should be included in employee handbooks and made available to new employees. Employees who elect to use public transit may be given partially or fully subsidized transit passes. See Appendix 3: Potential TDM Program Measures for additional details on potential TDM measures and programs. 188 pg. 10 City of Cupertino Affordable Housing Plan The proposed project’s housing program is responsive to all market segments, including market rate housing, below market rate housing and senior housing. The proposed project will also help the City meet its regional housing needs as mandated by state law. The applicant recognizes that one of the most difficult issues for the Housing Department is identifying land to build below market rate housing. In response to this constraint, the applicant proposes to build the below market rate units on-site, and enter into a voluntary agreement with the City for the construction of the below market rate rental units, as stipulated by the City’s Below Market Rate (BMR) Housing Mitigation Program. The project proposes to not only comply with the City’s affordable housing requirements, but to exceed them. In addition to paying mitigation fees for the non-residential components of the project, the applicant will build below market rate units on-site and it will build them at higher affordability rates than required by the City’s program. For example, the City’s BMR Housing Program requires that 15% of rental units be built at below market rate, 60% of the BMR units be built at very low-income level (15%x60%=9%), and 40% be built at low-income level (15%x40%=6%). The project will exceed the City’s affordability requirements by building 15% of the units (30 units) at below market rate, of which 11% (22 units) will be built at very low-income levels and 4% (8 units) will be built at low-income levels. According to the affordability gap of the City of Cupertino, KT Urban’s contribution on affordable housing exceeds the required affordable housing mitigation fee by over one million dollars. State Density Bonus Requests The state’s Density Bonus Law (California Government Code Sections 65915-65918) and the City’s Density Bonus Ordinance (Chapter 19.56) allow a number of mechanisms to assist the project’s physical development and economics in order to encourage the development of needed affordable and senior housing. Current maximum density for the site is 30 dwelling units per acre and the site has been identified as a Housing Opportunity site with 200 residential unit allocations. Since the project includes higher affordability rates than required (11% very low-income units), it qualifies for a density bonus of 35% for a total of 270 housing units. The state’s Density Bonus Law (California Government Code Section 65915) and the City’s Density Bonus Ordinance (Chapter 19.56) prescribe a number of permissible incentives and concessions to make the provision of affordable housing units economically feasible. The incentives and concessions include, but are not limited to: 1. A reduction of development standards or modifications of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in Part 2.5 (commencing with 189 pg. 11 Section 18901) of Division 13 of the Health and Safety Code, including but not limited to, a reduction in setback requirements, square footage or parking requirements such that the reduction or modification results in identifiable, financially sufficient, and actual cost reduction; 2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land use will reduce the cost of the housing development, and if such uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located; and, 3. Other regulatory incentives or concessions proposed by the developer or the City that will result in identifiable, financially sufficient and actual cost reduction. Project Incentives & Concessions Based on the provision of 11% of the total units for very low-income housing, the state’s Density Bonus Law mandates that this project receive two incentives or concessions. KT Urban is requesting the following two incentives: 1. Mixed-use Project: approval of this mixed-use project is requested with commercial and office uses, in conjunction with the residential project (apartments, senior housing, including 15% affordable units). The mixed-use components are essential to make the affordable housing components economically feasible. In addition, the designation of this mixed-use project is compatible with the surrounding area and planned uses for the Heart of the City area. 2. Building Heights: amendment to the maximum allowable height for the buildings on the site. The Community Vision 2040 General Plan (Chapter 3 Figure LU-1) establishes a building height of 45’-0” for the Oaks Gateway site. As a project that includes 11% very- low-income units, KT Urban requests to amend the maximum allowable height to 88’-0” to top of roof for this mixed-use project at the Oaks site. The project includes varied heights for the different buildings, as follows:  Office Building: 88’-0” to top of roof  Hotel Buildings: 70’-0” to top of roof  Residential Buildings: 60’-0” to top of roof The proposed building heights are illustrated in the general architectural drawing sheet G.015. Development Standard Waiver In addition to, and separate from, the incentives or concessions, the Density Bonus Law and Cupertino Density Bonus Ordinance require that the City agree to the waiver or reduction of any development standards that have the effect of physically precluding the construction of the project at the requested density. Development standards include a site or construction condition, 190 pg. 12 including, but not limited to, a height limitation, a setback requirement, floor area ratio, on-site open space requirement or a parking ratio for on-site parking. KT Urban is requesting a waiver of the following development standards listed in the Heart of the City Specific Plan: 1. Reduction in Building Slopes: Section 1.01.030.A.2 of the “Heart of the City” Specific Plan requires that the primary bulk of a building shall maintain below a 1:1 slope line drawn from the street curb line. The proposed Oaks project is requesting a waiver to the building massing standard to protrude above the 1:1 slope line as shown in the general architectural drawing sheets G.012 and G.013. 2. Common Landscaped Open Space for Residential: The “Heart of the City” Specific Plan Section 2.01.010.G requires that 70% to 80% of the residential common outdoor open space should be landscaped. The proposed Oaks project amends this residential common outdoor open space requirement to provide 30% of the residential common outdoor open space to be landscaped (this does not include stormwater plantings and hardscape area) as shown in general architectural drawing sheet G.014. 3. Reduction in Building Setbacks: Along the western property line facing the Highway 85 on-ramp, the proposed project amends the above-grade setbacks from 44’-0” down to 25’-0” from the property line. Maximum Parking Standards Per Cupertino Municipal Code Parking Table 19.124.040(A) for office, hotel, and retail, required parking for each building use is as follows: Type of Use Number of Parking Spaces Office 982 Spaces (Uni-size) Hotel 220 Spaces (Uni-size) Hotel Conference Room/Amenities 39 Spaces (Uni-size) Retail 191 Spaces (Uni-size) Apartment Buildings 540 Spaces (9'-6"x20') Total Provided Spaces 1,972 Spaces Sandis Engineering prepared a parking demand assessment to determine the peak cumulative parking demand for the overall site. The assessment identified the peak demand for each land use, prepared a time of day demand analysis and measured reductions from the proposed site 191 pg. 13 TDM program. This information was used to identify the combined peak parking demand for the overall site. Sandis recommended a total of 1,177 parking stalls. Based on Sandis’ recommendations and reductions available under the State Density Bonus Law (Section 65915) and the City of Cupertino’s Density Bonus Ordinance, KT Urban proposes a reduction in the minimum number of parking stalls that is required as follows: Type of Use Number of Parking Spaces Office 485 Spaces (Uni-size) Hotel 138 Spaces (Uni-size) Retail 236 Spaces (Uni-size) Apartment Buildings 318 Spaces (9'-6"x20') Additional Spaces 31 Spaces (Uni-size) Total Provided Spaces 1,208 Spaces See Appendix 4: The Oaks Parking Assessment for the complete parking assessment and architectural sheet A1.201 for parking matrix and parking layout. 192 pg. 14 Summary of Density Bonus Request Per California Gov. Code Section 65915 AND Cupertino Municipal Code (CMC) Chapter 19.56 Project Description: A mixed-use project that includes a 7-story, 280,000 sq. ft. office building; a 6- story, 200 room hotel; 270 apartment units; and 48,000 sq. ft. of retail, with a two-level below grade parking garage Density Bonus Allowances Project Requests Density Bonus Calculation Projects qualify based on percentage of affordable units (Gov. Code 65915 (f)(2); CMC Table 19.56.030)) The site is identified as a Housing Opportunity Site with 200 housing unit allocations. The project is consistent with the Density Bonus Law, with the provision of 11% very low-income units. The project qualifies for a density bonus of 35% for a total of 270 units. The project includes 15% affordable units, with 11% very low- income, 4% low-income units and 40 senior housing units. Current maximum density for this site is 30 du/ac. Incentives/Concessions Projects qualify based on percentage of affordable units (Gov. Code 65915 (k)(2)(3);CMC - Section 19.56.040.B. (1)& (2)) The project is consistent with the Density Bonus Law, with the provision of 11% very low-income units. The project qualifies for two incentives/concessions. 1. The mixed-use components are essential in making this project economically feasible and to make the affordable housing components work. In addition, the design of the mixed-use project is compatible with the surrounding area and planned uses for the Heart of the City area. 2. Building Heights: The Community Vision 2040 General Plan Chapter 3, Figure LU-1 established a building height of 45’-0” for the Oaks site. As a mixed-use project, with 15% affordable units, in order to make the project economically feasible, the proposed project requests to amend the maximum height to 88’-0” to top of roof for the Oaks site. However, the conceptual site plan requires the following heights:  Office Building: 88’-0” to top of roof  Hotel Buildings: 70’-0” to top of roof  Residential Buildings: 60’-0” to top of roof 193 pg. 15 Parking Standards (CMC Table 19.56.040B) Maximum parking requirement for housing development that is eligible for density bonus:  1 parking space for 0-1 bedroom unit  2 parking spaces for 2-3 bedroom unit Waivers or reduction of development standards are required – in addition to incentives/concessions. (Gov. Code 65915(e)(1); CMC Section 19.56.040.D) The City is required to agree to the waiver or reduction of development standards that would have the effect of physically precluding the development with density bonuses and incentives. 1. Building Massing Standard: Section 1.01.030.A.2 of the “Heart of the City” Specific Plan requires that the primary bulk of a building shall maintain below a 1:1 slope line drawn from the street curb line. The proposed Oaks project is requesting a waiver to the building massing standard to protrude above the 1:1 slope line as shown in the general architectural drawing sheets G.012 and G.013. 2. Common Landscaped Open Space for Residential: The Heart of the City Specific Plan Section 2.01.010.G requires that 70% to 80% of the residential common outdoor open space should be landscaped. The proposed Oaks project amends this residential common outdoor open space requirement to provide 30% of the residential common outdoor open space to be landscaped as shown in general architectural drawing sheet G.014. 3. Building Setback, Reduction: Along the western property line facing the Highway 85 on-ramp, the proposed project amends the above-grade setbacks down from 44’-00” to 25’-0” from the property line. 194 pg. 16 Requested General Plan Amendments KT Urban requests the following General Plan Amendments in order to create a successful mixed- use project that meets the City’s goals and objectives for fiscal stability and affordable housing, among others. 1. KT Urban may request an increase in the City’s existing Office Allocation. The Community Vision 2040 General Plan establishes a city-wide office allocation of approximately 500,000 sq. ft. for “major companies” pursuant to Chapter 3 Strategy LU- 1.2.2. The applicant proposes to utilize 280,000 sq. ft. from the “major companies” allocation on this project site. In the event that the City decides to not allow the applicant to utilize the “major companies” allocation, the project will require an additional allocation of 280,000 sq. ft. of office space. The strong office market in Cupertino lacks available Class A office space necessary to attract and retain leading technology employers. Increasing the office allocation will contribute to the character and quality of this mixed use project, not to mention its financial viability (and its ability to provide community amenities). The applicant believes it is important to balance housing and hotel uses with office uses to help mitigate traffic impacts with on-site employment as well as providing employment opportunities for Cupertino residents so they no longer have to commute out of the City for work. Additionally, office use supports retail services and provides significant positive fiscal impacts to the City and school districts without increasing student generation rates. Further, providing office space in this location helps balance the type and location of office use throughout Cupertino, thus reducing the impact of office-concentrated uses elsewhere in the City. See Office Market Analysis, Mixed-Use Assessment prepared by ADE for an office market and mixed-use analysis that illustrates the market support for office in the mixed-use project. 2. KT Urban requests an increase in the City’s existing Hotel Allocation. The hotel market in Cupertino, as in other nearby Silicon Valley cities, is very strong. This type of use adds to the financially viability of the project (and thus its community amenities) and helps to balance the land uses throughout the site, by complementing the office, residential and retail uses. In addition, a hotel use will contribute significantly to the City’s revenue base by creating additional Transient Occupancy Tax (TOT) revenue and increasing property tax revenue for the school districts. The planned conference facilities at the hotel can also be a significant community amenity, with potential partnerships opportunities for use by local schools, city departments, and community groups. See City of Cupertino General Plan Amendment Market Study for a summary of hotel studies that were completed and which illustrate the demand for hotel. 195 pg. 17 Requested Specific Plan Revisions In addition to the requested General Plan amendments, the project requires revisions to the development standards in the City’s Heart of the City Specific Plan. These revisions will allow the City to meet its goals and objectives with minimal impacts to the surrounding neighborhood, help transition Stevens Creek Boulevard into a more pedestrian-friendly environment, and create a signature project that will serve as a model for future development within the City. KT Urban is requesting a waiver of the three development standards under the provisions of the State Bonus Law and the Cupertino Density Bonus Ordinance (See Density Bonus Section – Development Standard Waiver). As with the requested concessions, to the extent that waiver meets the criteria under the State Density Bonus Law and the Cupertino Density Bonus Ordinance for granting such a waiver, a specific plan amendment would not be required to approve this mixed-use project. 196 pg. 18 Section 3: Project Plans See the complete set of plans that has been submitted with this application. SHEET NUMBER SHEET NAME GENERAL G.000 COVER SHEET G.001 ILLUSTRATIVE SITE PLAN LANDSCAPE L0.000 LANDSCAPE PLAN L1.000 LANDSCAPE PRELIMINARY PLANTING PLAN L2.000 TREE ASSESSMENT IDENTIFICATION AND SUITABILITY L2.100 TREE ASSESSMENT VIABILITY AND PRELIMINARY PLANTING G.002 RENDERINGS G.003 RENDERINGS G.004 RENDERINGS G.005 RENDERINGS G.006 RENDERINGS G.007 PROPOSED MATERIALS & COLORS G.010 PROJECT SUMMARY G.011 SETBACK WAIVER SITE PLAN G.012 SLOPE LINE WAIVER SITE SECTIONS G.013 SLOPE LINE WAIVER SITE SECTIONS G.014 OPEN SPACE AREA CALCS SITE PLAN G.015 NEIGHBORHOOD SITE PLAN & BUILDING HEIGHTS CIVIL C.001 TOPOGRAPHIC SURVEY C.002 GRADING AND DRAINAGE PLAN C.003 UTILITY PLAN C.004 STORMWATER MGT. PLAN C.005 FIRE TRUCK ACCESS PLAN C.006 EASEMENT DISPOSITION PLAN C.0-1 MARY AVE IMPROVEMENTS (WEST) C.0-2 MARY AVE IMPROVEMENTS (EAST) C.0-3 MARY AVE TYPICAL CROSS SECTIONS C.0-4 STEVENS CREEK BLVD/ MARY AVE INTERSECTION IMPROVEMENTS 197 pg. 19 ARCHITECTURAL A.000 PHASING PLAN A.001 ARCHITECTURAL SITE PLAN A1.201 PARKING GARAGE - BUILDING PLANS - LEVELS B1 & B2 A2.201 OFFICE - BUILDING PLAN - LEVEL 1 A2.202 OFFICE - BUILDING PLAN - LEVELS 2-5 A2.206 OFFICE - BUILDING PLAN - LEVEL 6 A2.207 OFFICE - BUILDING PLAN - LEVEL 7 A2.208 OFFICE - BUILDING PLAN - ROOF LEVEL A2.301 OFFICE - BUILDING ELEVATIONS A2.302 OFFICE - BUILDING ELEVATIONS A3.201 HOTEL - BUILDING PLAN - LEVEL 1 A3.202 HOTEL - BUILDING PLAN - LEVEL 2 A3.203 HOTEL - BUILDING PLAN - LEVELS 3-6 A3.207 HOTEL - BUILDING - ROOF LEVEL A3.210 HOTEL - ENLARGED PLAN - CONFERENCE SPACE A3.301 HOTEL - BUILDING ELEVATIONS A3.501 HOTEL - UNIT PLANS A4.201 APT-RETAIL BUILDING A - BUILDING PLAN - LEVEL 1 A4.202 APT-RETAIL BUILDING A - BUILDING PLAN - LEVEL 2 A4.203 APT-RETAIL BUILDING A - BUILDING PLAN - LEVEL 3 A4.204 APT-RETAIL BUILDING A - BUILDING PLAN - LEVELS 4 & 5 A4.206 APT-RETAIL BUILDING A - BUILDING PLAN - ROOF LEVEL A4.301 APT-RETAIL BUILDING A - BUILDING ELEVATIONS A4.501 APT-RETAIL BUILDING A - UNIT PLANS A5.201 APT-RETAIL BUILDING B - BUILDING PLAN - LEVEL 1 A5.202 APT-RETAIL BUILDING B - BUILDING PLAN - LEVEL 2 A5.203 APT-RETAIL BUILDING B - BUILDING PLAN - LEVELS 3-5 A5.506 APT-RETAIL BUILDING B - BUILDING PLAN - ROOF LEVEL A5.301 APT-RETAIL BUILDING B - BUILDING ELEVATIONS A6.201 APT-RETAIL BUILDING C - BUILDING PLAN - LEVEL 1 A6.202 APT-RETAIL BUILDING C - BUILDING PLAN - LEVEL 2 A6.203 APT-RETAIL BUILDING C - BUILDING PLAN - LEVEL 3 A6.204 APT-RETAIL BUILDING C - BUILDING PLAN - LEVELS 4 & 5 A6.206 APT-RETAIL BUILDING C - BUILDING PLAN - ROOF LEVEL A6.301 APT-RETAIL BUILDING C - BUILDING ELEVATIONS 198 pg. 20 Section 4: Summary of Net Fiscal Impact Summary KT Urban retained Applied Development Economics to complete a fiscal impact analysis which examines the proposed project’s estimated net fiscal impact on the City’s General Fund budget. Specifically, the analysis reviews whether projected revenues from the project will adequately cover the costs of delivering citywide services (e.g., police protection, parks and recreation, etc.) to the project’s residents and employees. The results estimate the annual fiscal impact assuming build out of all of the project’s land use components. The analysis also includes an estimation of the net fiscal impact of the Oaks retail project in its current underutilized state. See Fiscal Impact Analysis and The Oaks Commercial Retail Development Fiscal Impact Analysis prepared by ADE. Additionally, the analysis reviews the annual fiscal impact to the two school districts serving the project and the City of Cupertino, focusing on a comparison between net property tax generation overall and on a per student basis. The analysis compares these results to the estimated revenue target per pupil, as provided by the school districts. The analysis also includes the impact of parcel taxes paid by the project based on the total proposed number of parcels. This analysis assumes the housing units would be individual condominiums, though they may actually be used as rental units. Finally, this analysis reviews the one-time impact fee payments to the City and school districts, specifically, for affordable housing and parks. Figure 1 199 pg. 21 Overall, the result of these analyses is summarized in Figure I, and in more detail in subsequent pages of this section of the application. The total annual revenue from the project to the City’s General Fund and to the school districts is estimated at $4,920,000; the net positive fiscal impact to the City of Cupertino and to the school districts above estimated service costs, combined, equals $2,404,000. The total one-time impact fees for parks and below market rate housing to the City of Cupertino and to the school districts for school construction, combined, equals $12,870,000. Fiscal Impact – City of Cupertino Provided in Figure 2, below, is a summary of the significant positive net fiscal impact the project will provide the City of Cupertino’s General Fund upon completion of the project. STEVENS CREEK MIXED-USE DEVELOPMENT FISCAL IMPACT AT BUILD OUT Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; KT Urban, ADE, Inc. Some key findings from the fiscal impact analyses are:  At build out, annual revenues are estimated to significantly exceed annual expenditures. The analysis estimates the project will result in an annual net fiscal surplus of approximately $1,104,000 for the City’s General Fund at build out.  Transient Occupancy Taxes comprise the largest General Fund revenue sources, followed by Property Tax and Sales Tax. The project’s transient occupancy taxes, sales tax, and property tax consist of a total of 77.65% of potential General Fund revenues at project build out. Figure 2 200 pg. 22  New office development at build out generates $200,837 of total net fiscal revenue; hotel development would generate a net $1,105,000. The office uses account for approximately 18% of total annual fiscal impact at build out, as the second largest revenue source after hotel development, which accounts for the majority of the tax revenue on the new development. Total retail net impact is an estimated of 9% of total project revenue at build out.  In its current state, the Oaks retail center generates a net fiscal surplus of $115,513 for the City’s General Fund. This amount equates to about one-tenth of what the new project would produce net ($1.1 million annually) and only $0.35/sq. ft. existing versus $3.11/sq. ft. once revitalized.  Employees currently at the Oaks are estimated at 143, whereas the new project is estimated to generate approximately 1,166 employees. Fiscal Impact – School Districts In addition to the positive impact to the City of Cupertino, the Oaks revitalization project will also provide significant annual positive net resources to the Cupertino Union School District (CUSD) and Fremont Union High School District (FUHSD). The primary revenues generated by the project to these school districts are ad valorem property taxes and parcel taxes. Some of the key findings are:  Overall, the project is estimated to generate approximately $2.7 million in additional property tax revenue to the school districts on an annual net basis. This figure relates to net new property taxes paid to the CUSD and FUHSD combined, above the current property tax payments of $113,000 to the two districts.  The project is estimated to generate approximately $1.6 million, on a net fiscal basis, in property taxes and parcel taxes above the revenue target estimated to serve these students by the school districts. School officials estimate that their current annual cost per student (or base revenue needed) is approximately $8,100 per student, and the preferred target revenue per student is $12,000 for all services. The number of students estimated by the two districts for this site at build out is 99 K-12 students. This yields a target revenue total of $1,188,000 (cost of $801,900), whereas the project will generate nearly $2,800,000 in property and parcel taxes at build out.  On a per student or per pupil basis, the project is estimated to generate approximately $28,300 in resources annually at build out. This positive revenue for the school districts represents approximately a 136% increase over their targeted revenue amount per pupil.  Parcel taxes will generate approximately $100,000 to the school districts annually. While the current tax measure only requires parcel taxes be paid on single ownership 201 pg. 23 parcels regardless of the number of dwelling units on them, the developer has offered to extend this parcel tax to all residential units with the provision of a condominium map. City/School District Impact Fees In addition to ongoing fiscal impact, the analysis reviewed the one-time impact of capital infrastructure fees paid by the project in development of all project components. These fees are paid both to the City of Cupertino and the two school districts based on current ordinances and state statutes. Graphically, a summary of this impact is provided on Figure 1 on the previous page, and key findings are as follows:  For the City of Cupertino, the project will generate approximately $4.32 million in Park Dedication Fees for the City. Overall, the project could generate $5.83 million in park dedication fees. However, given the project’s significant Affordable Housing Program commitment with 15% on-site below market rate units, 26% Senior Housing units, and the project’s adjacency to the large Memorial Park, KT Urban is requesting a waiver of park dedication fees for the below market rate (BMR) and senior residential units. If approved, the net fees paid by the applicant will still result in a significant contribution toward the City’s future park land and improvement needs.  The nonresidential components of the proposed project will result in $7.3 million in BMR impact fees paid to the City. This fee payment for retail, office and hotel uses is a significant contribution to the affordable housing fund of the City to meet affordable housing needs throughout the community.  The project will pay $1.24 million in school construction. This contribution, required per state formula for each land use type, represents a significant contribution to each school district for school facility needs. 202 pg. 24 Section 5: Voluntary Community Amenities KT Urban proposes to enter into a Development Agreement with the City that includes the following voluntary community amenities. DESCRIPTION BENEFICIARY AMOUNT School Resources Cash contribution for construction of permanent school room facilities CUSD $1.0 million Parcel Tax (requires Condominium Map on residential component of project) CUSD/FUHSD $100,000 per year; $2 million over 20 years Cash contribution for future study or signage improvements for safe routes to school De Anza College $100,000 Public Open Space Cash contributions to the Veterans Memorial at Memorial Park City of Cupertino $250,000 Restroom improvement at Memorial Park City of Cupertino $50,000 Public Facilities Cash contribution towards the Cupertino Civic Center City of Cupertino $1.1 million Public Art City of Cupertino $250,000 Transportation Mary Avenue Road improvements, safety enhancements and safe routes to schools City of Cupertino $1.15 million Cash contribution to city’s future senior shuttle program City of Cupertino $400,000 Stevens Creek Boulevard traffic improvements City of Cupertino $450,000 Contribute 72 parking passes to De Anza College annually for a period of five years De Anza College $32,400 Affordable Housing Provide affordable housing levels in excess of City requirement City of Cupertino $1.1 million Economic Development Cash contribution for creation of City office incubator program City of Cupertino $500,000 Total ≈ $8 million 203 pg. 1 Appendices Appendix 1: General Plan Consistency Matrix GENERAL PLAN LAND USE GOAL (CHAPTER 3) HOW PROJECT MEETS OR EXCEEDS GOALS GOAL LU-1 CREATE A BALANCED COMMUNITY WITH A MIX OF LAND USES THAT SUPPORTS THRIVING BUSINESSES, ALL MODES OF TRANSPORTATION, COMPLETE NEIGHBORHOODS AND A HEALTHY COMMUNITY  Balanced mixed-use project that blends office, retail, residential and hotel.  Meets “mixed-use village” concept requirements.  Allocates office space for major companies, complying with Strategy LU- 1.2.2.  Locates higher land use density along major transit corridors.  Utilizes multiple modes of transportation.  Supports and implements Heart of the City Specific Plan objectives. GOAL LU-2 ENSURE THAT BUILDINGS, SIDEWALKS, STREETS AND PUBLIC SPACES ARE COORDINATED TO ENHANCE COMMUNITY IDENTITY AND CHARACTER  Integrates land uses that complement each other and are connected by public spaces and throughways at pedestrian scale.  Plazas, parks, and retail with outdoor dining activate the public spaces.  Implements Gateway concept that promotes the community identity. GOAL LU-3 ENSURE THAT PROJECT SITE PLANNING AND BUILDING DESIGN ENHANCE THE PUBLIC REALM AND INTEGRATE WITH ADJACENT NEIGHBORHOODS  Creates a network of connected internal streets and paths that improve pedestrian and bicycle access, provide public open space.  Site plan locates buildings in response to the surrounding community.  Improves Mary Avenue function and connectivity with neighborhood.  Below grade parking for entire site. 204 pg. 2 GOAL LU-4 PROMOTE THE UNIQUE CHARACTER OF PLANNING AREAS AND THE GOALS FOR COMMUNITY CHARACTER, CONNECTIVITY AND COMPLETE STREETS IN STREETSCAPE DESIGN  Design of streets, sidewalks and pedestrian and bicycle amenities are consistent with the vision for Heart of the City Planning Area and Complete Streets policies Stevens Creek Boulevard and Mary Avenue.  Landscaped buffers along Mary Avenue provide transition to neighboring buildings.  Added landscaped medians along Mary Avenue provide traffic calming. GOAL LU-5 ENSURE THAT EMPLOYMENT CENTERS AND NEIGHBORHOODS HAVE ACCESS TO LOCAL RETAIL AND SERVICES WITHIN WALKING OR BICYCLING DISTANCE  Mixed-use village with active ground- floor retail uses and public space that creates an inviting pedestrian environment and activity center that serves adjoining neighborhoods and businesses.  Added crosswalks and enhanced bicycle lanes along Mary Avenue, to improve pedestrian and bicycle access to site. GOAL LU-7 PROMOTE A CIVIC ENVIRONMENT WHERE THE ARTS EXPRESS AN INNOVATIVE SPIRIT, CULTURAL DIVERSITY AND INSPIRE COMMUNITY PARTICIPATION  Incorporates Public Art within site.  Promotes placement of visible artwork within gateway to the city.  Display local art in community center. GOAL LU-8 MAINTAIN A FISCALLY SUSTAINABLE CITY GOVERNMENT THAT PRESERVES AND ENHANCES THE QUALITY OF LIFE FOR ITS RESIDENTS, WORKERS AND VISITORS  Provides land uses that generates City revenue, and significant positive fiscal impact.  Provides mixed-use (office, commercial, residential) in aging commercial area with reinvestment and revitalization of sales-tax producing uses, while providing site for regional housing requirements. GOAL LU-9  Provides diversity of office space to meet business needs. 205 pg. 3 PROMOTE A STRONG LOCAL ECONOMY THAT ATTRACTS AND RETAINS A VARIETY OF BUSINESSES  Provides diversity of commercial uses (retail, hotel) to supplement office use amenities.  Through its mixed-use program, encourages office development in area where workers can walk or bike to services such as shopping and restaurants, and to provide walking and bicycling connections to services. GOAL LU-10 PROMOTE EFFECTIVE COORDINATION WITH REGIONAL AND LOCAL AGENCIES ON PLANNING ISSUES  Provides mixed-use density as an asset for riders along future VTA line.  Provides connection to regional pedestrian and bike facilities. GOAL LU-11 MAINTAIN AND ENHANCE COMMUNITY ACCESS TO LIBRARY AND SCHOOL SERVICES PROVIDED BY OTHER AGENCIES  Provides amenities, housing, community meeting space, accessible for De Anza College.  Provides safe route to school improvements on Mary Avenue and Stevens Creek Boulevard. GOAL LU-13 ENSURE A COHESIVE, LANDSCAPED BOULEVARD THAT SUPPORTS ALL MODES OF TRANSPORTATION, LINKS ITS DISTINCT AND ACTIVE COMMERCIAL AND MIXED-USE SUB-AREAS AND NODES, AND CREATES A HIGH- QUALITY, DISTINCT COMMUNITY IMAGE AND A VIBRANT HEART FOR CUPERTINO  Project addresses Heart of the City Specific Plan, see Heart of the City Specific Plan matrix.  Rehabilitates aged neighborhood center and major activity center with pedestrian-oriented areas with inviting community gathering spaces.  Improves Stevens Creek Boulevard with attractive landscape, connectivity for all transportation modes  Provides high quality architecture, with active uses along the street frontage.  As a corner lot development, provides pedestrian and bicycle improvements along side street Mary Avenue to enhance connections to surrounding neighborhood. 206 pg. 4 GOAL LU-14 CREATE A PUBLIC AND CIVIC GATEWAY SUPPORTED BY MIXED COMMERCIAL AND RESIDENTIAL USES (W STEVENS CREEK BOULEVARD SPECIAL AREA)  “Mixed-use village” concept at Oaks Gateway node with residential, hotel and retail uses.  Applies LEED Silver certification standards or above, to create world class gateway architecture and land use program at City’s western gateway  Provides public facilities, and active space uses along the street to reinforce pedestrian orientation. GOAL LU-27 PRESERVE NEIGHBORHOOD CHARACTER AND ENHANCE CONNECTIVITY TO NEARBY SERVICES TO CREATE COMPLETE NEIGHBORHOODS  Provides retail and commercial services to adjacent neighborhood through pedestrian and bicycle oriented connections.  Improves pedestrian and bicycling access of neighborhood to parks, schools, and local retail.  Street widths and sidewalk design complement character of site and connection to neighborhood.  Provides public access to common outdoor areas between multi-family residential buildings.  Provides senior housing in proximity to senior center, transportation corridor and commercial retail and services. 207 pg. 5 Appendix 2: Specific Plan Consistency Matrix DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR WEST STEVENS CREEK BOULEVARD HOW PROJECT MEETS OR EXCEEDS STANDARDS AND GUIDELINES DEVELOPMENT STANDARDS 1.01.010 DESCRIPTION  Balanced mixed-use project that blends office, retail, residential and hotel.  Supports and implements Heart of the City Specific Plan objectives. DEVELOPMENT STANDARDS 1.01.020 LAND USE AND ZONING – PERMITTED AND CONDITIONAL USES  Retail provided for P(CG, Res) zoning district, per Zoning Map Exhibit Z-3A.  Residential provided for P(CG, Res) zoning district, per Zoning Map Exhibit Z-3A. Residential located above the ground level on multi-story buildings. DEVELOPMENT STANDARDS 1.01.030 BUILDING HEIGHT, SETBACKS AND ORIENTATION  The project requests a General Plan Amendment regarding the building heights, extending above the 45’ height limit for the site. See the separate Density Bonus Incentive Request.  The project requests a Density Bonus Incentive regarding the building massing below a 1:1 slope line from the street curb. See the separate Density Bonus Waiver Request.  Along Stevens Creek Boulevard, the project provides the 35 foot setback from the edge of curb.  Along Mary Avenue and the Highway 85 on- ramp, the project requests a General Plan Amendment regarding the building setback from the edge of curb. See the separate Density Bonus Waiver Request.  Building Entrances are located along the front façade of the buildings. 208 pg. 6 DEVELOPMENT STANDARDS 1.01.040 SITE DEVELOPMENT AND PARKING  Direct pedestrian access provided from Stevens Creek Boulevard to main building entrances.  Below-grade parking accessed from three ramps, with primary access from Mary Avenue.  Service areas accessed from Mary Avenue, away from residential entrances within the site.  Common Open Space provided for Office, Retail, Hotel, and Residential development. See drawing sheet G.004 for open area calculations.  Private Open Space provided for apartment housing. See drawing sheet G.004 for open area calculations.  The Boulevard Landscape Easement is provided along Stevens Creek Boulevard.  The building facades are varied and attractive, with high quality exterior finishes.  The buildings adjacent to residentially developed parcels are stepped back to provide a 1.5:1 setback to height ratio. DESIGN GUIDELINES 2.01.010 DESCRIPTION  Building facades are divided into shorter segments, in particular along Stevens Creek Boulevard.  High-quality windows are designed into the facades.  The contemporary design of the buildings provides roof overhangs in many locations along these buildings, in a contemporary manner.  The residential common open space provides both landscape and hardscape areas for social interaction. See drawing sheet G.004 for open area calculations. SITE IMPROVEMENTS AND LANDSCAPING GUIDELINES 2.01.040 DESCRIPTION  Paving materials include brick and concrete unit pavers, and poured-in-place concrete with integral colors and scoring patterns. 209 pg. 7  Planting along Stevens Creek Boulevard provides a simple plant species palette keeping with the “Oak Grove” streetscape theme. See Landscape drawing sheets.  Planting along Mary Avenue and within site designed for ornamental and screening purposes, native with water-wise plantings. See Landscape drawings sheets.  Fences, as needed, to be of attractive, durable materials (wood, metal, stucco, or stone finishes, complementing adjacent buildings) 210 pg. 8 Appendix 3: Potential TDM Program Measures Potential TDM Program Measures Transportation demand management (TDM) refers to policies and programs that are designed to reduce the number of single occupancy vehicle (SOV) trips that are made, especially during the peak time periods of the day when congestion on roadways is at its worst. The concept refers to a wide array of measures, from telecommuting programs that allow employees to work from home; to carpool and vanpool programs that encourage two or more people to share their commute to work; to incentives to encourage people to leave their cars at home and instead use public transit, or bicycle or walk to work. Given that the proposed Oaks Development will include multiple land uses with varying travel demands, a multi-faceted TDM plan is essential to properly serve the overall development and user groups. The following Program overview provides measures for the overall development as well as identifies use specific measures that are appropriate. The below sections provide a summary of potential design measures and programs commonly used for projects within the San Francisco Bay Area. The Site Design Measures include measures that are incorporated into the Site Design, whereas Program Measures include measures that are typically implemented and maintained by the building tenants. An effective TDM program typically includes a combination of design and programmatic elements. Potential TDM Measures and Programs – Overall Site The following TDM measures are recommended to be implemented for the overall Oaks Development. These recommendations are based on the proposed physical attributes of the site and buildings, as well as existing transportation facilities in proximity to the site. Site Design Measures Building Design Measures 1. Building Entries Building entries will be located along well-defined on-site pedestrian pathways and networks. The on-site pedestrian pathways provide safe passage from new off-site pedestrian facilities to the site buildings and promote pedestrian circulation to and from 211 pg. 9 the site. Furthermore, these facilities ensure that pedestrians do not need to travel through parking areas to the main building entries. 2. Preferential Parking for Carpools and Vanpools Spaces located near the main entrance will be designated as carpool/vanpool spaces. The placement of these spaces will encourage carpool/vanpool passengers and thus help to increase the use of carpools/vanpools. Pedestrian Design Measures 3. Pedestrian Connections Building entrances will be connected to the clearly defined on-site pedestrian facilities that provide access to and from the project site and new off-site pedestrian facilities. These facilities will also provide pedestrian access to the De Anza College and transit facilities along Stevens Creek Boulevard. Bicycle Design Measures 4. Bicycle Parking The project site will include bicycle lockers and bicycle racks for patrons. These facilities should be located to promote ease of use by bicyclists. 5. Off-Site Bicycle Facility Improvements The project is proposing to provide offsite improvements that include bicycle facilities located in proximity to the project site. These improvements include the creation of new bike lanes, bicycle paths, and addition of high visibility striping, bicycle boxes and other treatments within the project vicinity. Program and Service Measures The following measures are proposed to be implemented to supplement the site and design measures described above. These programs and services are intended to encourage alternate modes of transportation and further reduce the number of single occupant vehicle trips. 6. On-Site Amenities The project site will offer complimentary on-site amenities such as retail and dining services to reduce the generation of “single stop” trips. 7. Transit Information Kiosk/Area The project site will include an on-site informational transit kiosk with an information area that provides maps and information on alternative commute options to interested parties. 212 pg. 10 8. Public School Shuttle The project site may deploy a shuttle service that provides school children transit to and from the site to local schools. This service would be available to site users and other nearby residents. Potential TDM Measures and Programs – Office Building The following TDM measures are anticipated to be implemented for the office building at the Oaks Development. These recommendations are based on the proposed physical attributes of the site and buildings, as well as existing transportation facilities in proximity to the site. Site Design Measures Building Design Measures 1. Building Wiring and Telecommuting The building will be wired to facilitate high speed internet and telecommuting. Parking Design Measures 2. Preferential Parking for Carpools and Vanpools Spaces located near the main building entrance will be designated as carpool/vanpool spaces. The placement of these spaces would encourage carpool/vanpool passengers and thus help to increase the use of carpools/vanpools. Bicycle Design Measures 3. Bicycle Parking, Shower and Changing Facilities The office building will provide bicycle lockers and racks for commuters. The building will also contain on-site showering and changing facilities for the use of commuters. Program and Service Measures The following measures should be implemented to supplement the site and design measures described above. These programs and services will help ensure that the TDM goals are met by encouraging alternate modes of transportation and thereby reducing single occupant vehicle trips. 4. Transportation Coordinator The Transportation Coordinator will oversee the implementation of the TDM Program for the office building. The Coordinator will be responsible for disseminating information, overseeing promotional programs, and conducting reporting and monitoring. The 213 pg. 11 Transportation Coordinator will also provide information to employees, such as transit and bicycle facility maps, transit schedules, and overall TDM information that should be included in employee handbooks and made available to new employees. 5. Commuter Shuttle Service Employees will have access to a commuter shuttle that will provide service from regional locations to the project site. 6. Carpooling Employee carpooling shall be encouraged by providing preferential carpool parking, on- site carpool passenger and driver matching or a peer to peer application (such as ZimRide), and commute time flexibility. The Transportation Coordinator will also provide information to employees on various carpool options and incentives such as the following:  511 Transit Trip Planner  You Pool, We Pay  Enterprise Ride Share Program 7. Transit Passes Employees that elect to use public transit could be given partially or fully subsidized transit passes. 8. Kick-Off Event Providing an organized event displaying and promoting various types of commute options is an effective way to introduce new employees to non-single occupant vehicles commute options. The following are additional tenant measures that could be implemented: 9. Parking Cash-Out Employers would offer payment to employees using a single occupant vehicles parking space. This payment could be used to offset the costs of using transit or other modes of transportation and offer incentive to employees to use such modes of transportation. The price of the payout would be determined based on tenant rent prices. 10. Guaranteed Ride Home Employees who elect to carpool or use other forms of transit will be eligible to use a tenant sponsored guaranteed ride home service. Employers would provide a rental car or taxi service to eligible transit and carpool commuters when needed due to extended working hours or emergencies. 214 pg. 12 11. Bicycle Financial Incentives Employees may be offered financial incentives to commute via bicycle as opposed to a single occupant vehicle. Potential TDM Measures and Programs – Hotel The following TDM measures are recommended to be implemented for the hotel building at the Oaks Development. 1. Hotel Shuttle A hotel shuttle may be provided to hotel patrons and would provide transit to and from the project site. The shuttle would service nearby office facilities, transit centers, and other locations that may be identified by the hotel. 215 pg. 13 Appendix 4: The Oaks Parking Assessment The following assessment has been prepared to provide a preliminary parking recommendation associated with redevelopment of The Oaks Shopping Center (Site) located in the City of Cupertino. The Site parking demand and parking reductions can be found in Tables 1 and 2. The anticipated parking demand for the overall Site was established using the following methodology: 1. Land use parking rates for each specific Site use were calculated using data from the Institute of Transportation Engineers’ (ITE) Parking Generation Manual, 4th Edition. From these calculations, a cumulative Site parking demand was determined. 2. Reductions to the cumulative Site demand were identified based on the following criteria: a. Internal trip capture resulting from the mixed use nature of the site. b. Reduction of single occupant vehicle (SOV) trips anticipated based on the proposed Transportation Demand Management (TDM) Program for the Site. 3. Using the reduced Site parking demand, time-of-day distribution data was used to identify the time period during which each use experiences a peak demand. The peak demands of each use do not occur concurrently, and therefore it is not necessary to provide the summation of each use’s peak demand. This is defined as the cumulative Site peak demand. Using the methodology described above, a cumulative Site parking demand of 1,246 stalls was calculated. Refer to Table 1 for additional information related to the Site parking generation calculation. This stall quantity is based on appropriate ITE generation rates, and reductions expected to be realized due to implementation of a TDM program and internal trip capture. The office use is proposing to employ a strong TDM program and therefore a parking reduction of 30% is forecast. The remaining Site uses will also benefit from the overall site TDM measures, although the reduction is expected to be 5% for the non-office uses. Refer to the TDM Program for additional information. The internalization/internal trip capture reduction for the Hotel, Apartment, and Retail uses was estimated to be 3%. The Office internal trip capture was assumed to be accounted for in the TDM program reduction, and therefore a separate reduction was not applied. 216 pg. 14 Table 1 – Parking Generation Table The time of day distribution of parking demand for each Site use was then calculated to determine when the daily peak is forecast to occur. Using the individual peak data, the cumulative Site peak demand was identified. Review of Table 2 will indicate that the cumulative Site peak demand is forecast to be 1,177 stalls and occur 12pm and 1pm. It should be noted that the apartment use parking demand was assumed to be 100% throughout the day due to the nature of this use. Notes: 1. KSF = 1000 square feet 2. Rate per KSF or Units 3. From ITE trip generation equations (9th Edition): (A) ITE Code 701 Office Building Peak Demand: P = 2.51*(X) + 26 (B) ITE Code 820 Shopping Center Peak Demand: P = 3.62*(X) + 120 X = 1000 Gross Square Floor Area, P = Parking Demand (C) ITE Code 310 Hotel Peak Demand: P = 1.10*(X) - 59 X = Number of Rooms, P = Parking Demand (D) ITE Code 221 Apartments Peak Demand: P = 1.42*(X) - 38 X = Number of Units, P = Parking Demand Source: Parking generation Manual (4th Edition), ITE, 2010 Land Use Units Quantity ITE Parking Demand TDM Reduction Internal Trip Capture Total Adjustments Adjusted Use Demand Office Building (701) 1,000 Sq Ft 280 729 30.0% 0.0% 70.0% 510 Hotel (310) Rooms 200 161 5.0% 3.0% 92.0% 148 Residential Apartments (221) Units 270 346 5.0% 3.0% 92.0% 318 Retail (820) 1,000 Sq Ft 47.66 293 5.0% 3.0% 92.0% 270 Total 1246 217 pg. 15 Table 2 – Cumulative Site Use Peak Parking Demand 218 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 3:38:22 PM C:\Users\sams\Documents\14148_Oaks-CENTRAL_sams.rvt 11 / 1 3 / 2 0 1 5 3 : 3 8 : 2 2 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.000 COVER SHEET GENERAL PLAN AMENDMENT APP PROJECT TEAMVICINITY MAP SITE THE OAKS SHOPPING CENTER REDEVELOPMENT CUPERTINO, CA GENERAL PLAN AMENDMENT APPLICATION DRAWING INDEX OWNER KT URBAN 21710 STEVENS CREEK BLVD #200 CUPERTINO, CA 95104 P: 408.257.2100 CONTACT: MARK TERSINI ARCHITECT C2K ARCHITECTURE INC. 1645 NW HOYT ST PORTLAND, OR 97209 P: 503.244.2100 CONTACT: KEVIN SAUSER ksauser@c2karch.com CONTACT/APPLICANT: SAMUEL SANDERSON sams@c2karch.com CIVIL SANDIS 636 9TH STREET OAKLAND, CA 94607 P: 510.590.3402 CONTACT: AMY TAYLOR ataylor@sandis.net LANDSCAPE PLACE 735 NW 18TH AVE. PORTLAND, OR 97209 P: 503.334.1630 CONTACT: MIGUEL CAMACHO SERNA miguel.camacho.serna@place.la SHEET NUMBER SHEET NAME G.000 G.001 GENERAL COVER SHEET ILLUSTRATIVE SITE PLAN A4.201 A4.202 A4.203 A4.204 A4.206 A4.301 A4.501 A5.201 A5.202 APT-RETAIL BUILDING A - BUILDING PLAN - LEVEL 1 APT-RETAIL BUILDING A - BUILDING PLAN - LEVEL 2 APT-RETAIL BUILDING A - BUILDING PLAN - LEVEL 3 APT-RETAIL BUILDING A - BUILDING PLAN - LEVELS 4 & 5 APT-RETAIL BUILDING A - BUILDING PLAN - ROOF LEVEL APT-RETAIL BUILDING A - BUILDING ELEVATIONS APT-RETAIL BUILDING A - UNIT PLANS APT-RETAIL BUILDING B - BUILDING PLAN - LEVEL 1 APT-RETAIL BUILDING B - BUILDING PLAN - LEVEL 2 A5.203 A5.506 A5.301 APT-RETAIL BUILDING B - BUILDING PLAN - LEVELS 3-5 APT-RETAIL BUILDING B - BUILDING PLAN -ROOF LEVEL APT-RETAIL BUILDING B - BUILDING ELEVATIONS A6.201 A6.202 A6.203 A6.204 APT-RETAIL BUILDING C - BUILDING PLAN - LEVEL 1 APT-RETAIL BUILDING C - BUILDING PLAN - LEVEL 2 APT-RETAIL BUILDING C - BUILDING PLAN - LEVEL 3 APT-RETAIL BUILDING C - BUILDING PLAN - LEVELS 4 & 5 A6.206 A6.301 APT-RETAIL BUILDING C - BUILDING PLAN - ROOF LEVEL APT-RETAIL BUILDING C - BUILDING ELEVATIONS SHEET NUMBER SHEET NAME (ARCHITECTURAL CONT.) A.000 A1.201 A2.201 A2.202 ARCHITECTURAL A2.206 A2.207 A2.208 A2.301 PHASING PLAN PARKING GARAGE - BUILDING PLANS - LEVELS B1 & B2 OFFICE - BUILDING PLAN - LEVEL 1 OFFICE - BUILDING - PLAN LEVEL 2OFFICE - BUILDING PLAN - LEVELS 2-5 OFFICE - BUILDING PLAN - LEVEL 6 OFFICE - BUILDING PLAN - LEVEL 7 OFFICE - BUILDING PLAN - ROOF LEVEL OFFICE - BUILDING ELEVATIONS A2.302 A3.201 A3.202 A3.203 A3.207 OFFICE - BUILDING ELEVATIONS HOTEL - BUILDING PLAN - LEVEL 1 HOTEL - BUILDING PLAN - LEVEL 2 HOTEL - BUILDING PLAN - LEVELS 3-6 HOTEL - BUILDING PLAN - ROOF LEVEL SHEET NUMBER SHEET NAME A3.301 A3.501 HOTEL - BUILDING ELEVATIONS HOTEL - UNIT PLANS STEVENS CREEK BLVD S T A T E R O U T E 8 5 DE ANZA COLLEGE MEMORIAL PARK MARY AVE ST E R L I N G R D L0.000 L1.000 LANDSCAPE PLAN LANDSCAPE PRELIMINARY PLANTING PLAN L2.000 TREE ASSESSMENT - IDENTIFICATION & SUITABILITY LANDSCAPE L2.100 TREE ASSESSMENT - VIABILITY & PRELIMINARY PLANTING G.002 G.003 G.004 G.005 G.006 G.010 G.011 G.012 G.013 G.014 RENDERINGS RENDERINGS RENDERINGS RENDERINGS RENDERINGS PROJECT SUMMARY SETBACK WAIVER SITE PLAN SLOPE LINE WAIVER SITE SECTIONS SLOPE LINE WAIVER SITE SECTIONS OPEN SPACE AREA CALCS SITE PLAN G.015 NEIGHBORHOOD SITE PLAN & BUILDING HEIGHTS GENERAL (CONT.) C.001 C.002 C.003 C.004 CIVIL C.005 C.006 C.0-1 C.0-2 C.0-3 TOPOGRAPHIC SURVEY GRADING AND DRAINAGE PLAN UTILITY PLAN STORMWATER MGT. PLAN FIRE TRUCK ACCESS PLAN MARY AVE IMPROVEMENTS (WEST) MARY AVE IMPROVEMENTS (EAST) MARY AVE TYPICAL CROSS SECTIONS EASEMENT DISPOSITION PLAN C.0-4 STEVENS CREEK BLVD/ MARY AVE INTERSECTION IMPROVEMENTS G.007 PROPOSED MATERIALS & COLORS A.001 ARCHITECTURAL SITE PLAN A3.210 HOTEL - CONFERENCE ROOM PLAN 219 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:44:24 AM C:\Users\Mpayne\Documents\14148_Oaks-CENTRAL_mpayne.rvt 11 / 1 3 / 2 0 1 5 1 1 : 4 4 : 2 4 A M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.001 ILLUSTRATIVE SITE PLAN GENERAL PLAN AMENDMENT APP 0'10'25'50'75'100' 220 22 1 22 2 22 3 22 4 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 12:05:18 PM C:\Users\sams\Documents\14148_Oaks-CENTRAL_sams.rvt 11 / 1 3 / 2 0 1 5 1 2 : 0 5 : 1 8 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.002 RENDERINGS GENERAL PLAN AMENDMENT APP AERIAL VIEW - LOOKING NORTH 225 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 12:05:19 PM C:\Users\sams\Documents\14148_Oaks-CENTRAL_sams.rvt 11 / 1 3 / 2 0 1 5 1 2 : 0 5 : 1 9 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.003 RENDERINGS GENERAL PLAN AMENDMENT APP MARY AVE VIEW - LOOKING SOUTH STEVENS CREEK BLVD VIEW - LOOKING WEST 226 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 12:05:19 PM C:\Users\sams\Documents\14148_Oaks-CENTRAL_sams.rvt 11 / 1 3 / 2 0 1 5 1 2 : 0 5 : 1 9 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.004 RENDERINGS GENERAL PLAN AMENDMENT APP RETAIL BOULEVARD VIEW - LOOKING WEST 227 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 12:05:19 PM C:\Users\sams\Documents\14148_Oaks-CENTRAL_sams.rvt 11 / 1 3 / 2 0 1 5 1 2 : 0 5 : 1 9 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.005 RENDERINGS GENERAL PLAN AMENDMENT APP OFFICE/ HOTEL VIEW - LOOKING SOUTH 228 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 12:05:19 PM C:\Users\sams\Documents\14148_Oaks-CENTRAL_sams.rvt 11 / 1 3 / 2 0 1 5 1 2 : 0 5 : 1 9 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.006 RENDERINGS GENERAL PLAN AMENDMENT APP RETAIL BOULEVARD VIEW @ DUSK - LOOKING WEST 229 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 12:05:19 PM C:\Users\sams\Documents\14148_Oaks-CENTRAL_sams.rvt 11 / 1 3 / 2 0 1 5 1 2 : 0 5 : 1 9 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.007 PROPOSED MATERIALS AND COLORS GENERAL PLAN AMENDMENT APP APT-RETAIL BLDG C WOOD SIDING - OAK WOOD SIDING - CEDAR STUCCO - LIGHT GRAY STUCCO - WHITE METAL PANEL - WHITE APT-RETAIL BLDG B WOOD SIDING - OAK STUCCO - LIGHT GRAY STUCCO - WHITE METAL PANEL - WHITE APT-RETAIL BLDG A WOOD SIDING - OAK WOOD SIDING - CEDAR STUCCO - LIGHT GRAY STUCCO - WHITE METAL PANEL - WHITE HOTEL GFRC - CREAM WOOD SIDING - CEDAR CURTAIN WALL GLAZING - CLEAR OFFICE GFRC - TAN METAL SIDING - GRAY CURTAIN WALL GLAZING - CLEAR 230 ZONING CODE DATA: - General Plan Guidelines Community Vision 2040, and theHeart of the City Specific Plan - Zoning Reference Title 19 - Land Use Designation:Commercial / Residential - Zoning Designation: P(CG/RES) - Site Area, Gross:8.1 acres; 352,836 GSF - Site Area, Net:343,958 NSF (Gross Site Area - 8,878 SF for Public Roadway/Public Utilities easement) - Allowable Density (DUA): 30 DUA, up to a maximum of 200 units - Proposed Density (DUA):34 DUA, for a total of 270 Units (includes a 35% BMR state density bonus). Therefore, the proposed density is not a General Plan amendment. 1. GENERAL PLAN/ ZONING: 5. AUTO PARKING: 2. HEIGHT: 3. MINIMUM YARDS BUILDING SETBACKS : - Stevens Creek Blvd (South side):35'-0" from edge of curb - Mary Ave (East side):35'-0" from edge of curb - Mary Ave (North Side):35'-0" from edge of curb - State Route 85 (West Side):44'-0" from property line (eq. to 1/2 ht. of bldg) - See General Plan Amendments request below. See Architectural Site Plan sheet A.001 for Building Setbacks dimensions. - Zoning Max Allowable Height:45'-0" Max - Actual Project Max Height:88'-0" to top of roof for Office Building - See Amendments/Waivers request below. See Building Code Data for heights of each proposed building. 4. OPEN SPACE: - See Open Space Area Calcs Site Plan sheet G.014. No "Recreation Area" has been designated within this project. 6. BICYCLE PARKING: - Required Bicycle Parking for Each Building Use, per Parking Table 19.124.040(A): Office (5% of Auto):25 Spaces (Class I) Hotel (5% of Auto):12 Spaces (Class II) Apt Buildings (40% units):108 Spaces (Class I) Retail (5% of Auto):7 Spaces (Class II) Total Required Spaces:152 Spaces - Provided Parking for Each Building Use: Office:30 Spaces (Class I) Hotel:12 Spaces (Class II) Apartment Buildings:130 Spaces (Class I) Retail:20 Spaces (Class II) Additional (Bike Hub):28 Spaces (Class I) Total Provided Spaces:220 Spaces - See architectural sheets A.001 and A1.201 for bicycle parking locations. 7. REQUESTED GENERAL PLAN AMENDMENTS: a.Potential Increase in Office Allocation: In the event that the City decides to not allow the proposed project to utilize the major companies allocation of office space, the project requests an additional allocation of 280,000 SF of office space. b.Increase in Hotel Allocation: The proposed project requests a hotel allocation to provide 200 units on the site. BUILDING CODE DATA: 2013 California Building Standards Codes & Cupertino Municipal Code Chapter 16.04 - 2013 California Building Code, w/ local amendments - 2013 California Electrical Code, w/ local amendments - 2013 California Mechanical Code, w/ local amendments - 2013 California Plumbing Code, w/ local amendments - 2013 California Energy Code, w/ local amendments - 2013 California Fire Code, w/ local amendments - 2013 California Green Building Standards (CALGreen) Code, w/ local amendments Accessibility - Fair Housing Safe Harbor: 2003 ICC/ANSI A117.1 - 2010 ADA Standards for Accessible Design 1. LOCAL CODES : 2. BUILDING USE AND OCCUPANCY : Occupancy Groups (Separated & Non-Separated) - Office Building: Office Group B Conference Group A-3, Non-separated Cafeteria Group A-2, Non-separated - Hotel Building: Hotel Units ("keys")Group R-1, Separated Fitness Center Group A-3, Non-separated Bar/RestaurantGroup A-2, Non-separated Conference RoomGroup A-3, Separated - Apartment-Retail Buildings: Residential Units:Group R-2, Separated Lobby/Office:Group A-3, Non-separated Fit Center: Group A-3, Non-separated Retail:Groups A-2 and M, Separated BUILDING CODE DATA (CONT.):PROJECT SUMMARY: - Street Address: 21267 Stevens Creek Boulevard, Cupertino, CA 95014 - Parcel 1 (APN:326-27-039) and Parcel 2 (APN: 326-27-040 & 041) per Map 838, pg 24-25 1. STREET ADDRESS AND APN FOR SITE: - Redevelopment of 71,254 SF Shopping Center (53,701 SF Retail, 17,503 SF Office) on 8.1 acres site, to provide mixed-use urban village with the following structures: - Office Building: 7-Stories, 280,000 SF - Hotel Building: 6-Stories, 123,865 SF, 200 hotel units ("keys"), w/ 3,550 SF Conference Facility (which could serve as community space for City residents). - Apartment-Retail Building A: 5-stories, 139,035 SF residenitial, 100 apartment units, w/ 13,885 SF of ground-level retail. 11,330 parking garage w/ 8 parking spaces - Apartment-Retail Building B: 5-stories, 96,465 SF residential, 100 apartment units, w/ 15,710 SF of ground-level retail - Apartment-Retail Building C: 5-stories, 61,700 SF residential, 70 apartment units, w/ 12,425 SF of ground-level retail - Hotel Retail/ Retail Kiosks (3 kiosks): 4,000 SF total. - Below-Grade Parking Garage: 2-stories, 516,30 SF, 1,200 parking spaces, w/ 192 bicycle spaces 2. PROJECT SUMMARY: 8. STATE DENSITY BONUS - PROJECT INCENTIVES & CONCESSIONS: a.Mixed-Use Project: Request approval of office use within this mixed-use project. b.Increase in Building Heights: Request to revise from 45'-0" to 88'-0" for tallest buildings on site. 9. STATE DENSITY BONUS ASSISTANCE - WAIVER/ REDUCTION OF DEVELOPMENT STANDARDS: a.Increase in Building Massing (Bulk) Above a 1:1 Slope Line: Request to amend the building massing to protrude above the 1:1 slope line. See architectural sheets G.012 and G.013. b.Common Landscape Open Space for Residential: Amends residential common outdoor open space from 70%-80% landscaped down to 30% landscaped. See Open Space Area Calcs Site Plan sheet G.014. c.Reduction in Building Setbacks: Request to amend western setback along State Route 85 down to 25'-0" from the western property line. See architectural sheet G.011. - Required Parking for Each Building Use, per Parking Table 19.124.040(A) for Office, Hotel, and Retail, and Residential: Office (280,000 SF):982 Spaces (Uni-size) Hotel (200 units):220 Spaces (Uni-size) Hotel Conf Rm/Amenities:39 Spaces (Uni-size) Retail (47,660 SF):191 Spaces (Uni-size) Apartment Buildings (270 units):540 Spaces (9'-6"x20') Total Required Spaces:1,972 Spaces - Required Parking for Residential, per Density Bonus Ordinance Table 19.56.040B: (1) Space per Studio & 1-Bedroom Units, for 222 Units (2) Spaces per 2-Bedroom Units, for 48 Units Apartment Buildings (270 units):318 Spaces (9'-6"x20') Revised Total Required Spaces:1,906 Spaces - Provided Parking for Each Building Use: Office:485 Spaces (Uni-size) Hotel:138 Spaces (Uni-size) Retail:236 Spaces (Uni-size) Apartment Buildings:318 Spaces (9'-6"x20') Additional Spaces:31 Spaces (Uni-size) Total Provided Spaces:1,208 Spaces - Provided Parking meets the reduced parking demand of 1,177 spaces for the buildings per SANDIS' Parking Assessment Letter; see Parking Garage sheet A1.201 for Parking Matrix and parking layout. 3. BUILDING HEIGHTS AND AREAS : Story, Height, and Area Limitations: - Office Building - Construction Type IA: Allowable Stories:Unlimited Stories allowed per Table 503 Actual Stories:7 Stories, not a "high rise" building Maximum Building Height:Unlimited per Table 503 Actual Building Height: 88'-0" to top of roof (N.I. stair and elevator overruns or fall protection) Allowable Building Area:Unlimited per Table 503 Actual Building Area:280,000 GSF - Hotel Building - Construction Type IIIA: Allowable Stories:6 Stories allowed per Section 510.5 Actual Stories:6 Stories, not a "high rise" building Maximum Building Height:75'-0" per Section 510.5 Actual Building Height:70'-0" to top of roof parapet (N.I. stair and elevator overruns or fall protection) Allowable Building Area:Upper levels subdivided per Section 510.5 Actual Building Area:22,000 SF/Story, w/ 2-Hr rated fire walls to subdivide upper levels into areas no greater than 3,000 SF. - Apartment-Retail Building A - Construction Type VA over IA: Allowable Stories:4 Stories over 1 Story allowed per Table 503 and Section 510.2 Actual Stories:4 Stories Residential Building, over 1 Story Retail Maximum Building Height:60'-0" per Table 503 and Section 504.2 Actual Building Height: 60'-0" to top of highest roof parapet (N.I. stair and elevator overruns or fall protection) Allowable Building Area:24,000+ SF/Story for Type VA Housing per Table 503 and Section 506.3; Unlimited for Type IA Retail Actual Building Area:24,540 SF, w/ 2-Hr rated fire walls to subdivide residential floor levels; 13,885 GSF Retail - Apartment-Retail Building B - Construction Type VA over IA: Allowable Stories:4 Stories over 1 Story allowed per Table 503 and Section 510.2 Actual Stories:4 Stories Residential Building, over 1 Story Retail Maximum Building Height:60'-0" per Table 503 and Section 504.2 Actual Building Height: 60'-0" to top of highest roof parapet (N.I. stair and elevator overruns or fall protection) Allowable Building Area:24,000+ SF/Story for Type VA Housing per Table 503 and Section 506.3; Unlimited for Type IA Retail Actual Building Area:23,400 SF, w/ 2-Hr rated fire walls to subdivide residential floor levels; 15,710 GSF Retail - Apartment-Retail Building C - Construction Type VA over IA: Allowable Stories:4 Stories over 1 Story allowed per Table 503 and Section 510.2 Actual Stories:4 Stories Residential Building, over 1 Story Retail Maximum Building Height:60'-0" per Table 503 and Section 504.2 Actual Building Height: 60'-0" to top of highest roof parapet (N.I. stair and elevator overruns or fall protection) Allowable Building Area:24,000+ SF/Story for Type VA Housing per Table 503 and Section 506.3; Unlimited for Type IA Retail Actual Building Area:14,440 SF, w/ 2-Hr rated fire walls to subdivide residential floor levels; 12,425 GSF Retail - Below-Grade Parking Garage - Construction Type IA: Allowable Stories:Unlimited Stories allowed per Table 503 Actual Stories:2 Stories below grade Allowable Building Area:Unlimited per Table 503 Actual Building Area:516,300 GSF 3. GPA PRELIMINARY PLAN CONTENT REQUIREMENTS: - General Plan Land Use Designation:See Sheet G.010 - Zoning Designation:See Sheet G.010 - Scale and North Arrow:See drawings sheets - Vicinity Map:See Sheet G.000 - Site Area:See Sheet G.010 - Lot Line Dimensions:See Sheet C.001 - Proposed Program:See Sheet G.010 - Density:See Sheet G.010 - Unit Plans:See Sheet A4.501 - Setbacks:See Sheets G.010 & G.011 - Site Plan, Existing:See Sheet C.001 - Site Plan, Proposed:See Sheet A.001 - Existing Buildings on Adjoining Properties:See Sheet G.015 - GPA Requests:See Sheets G.010 & A.001 - Zoning Variances/Exceptions:See Sheets G.010 & A.001 - State Density Bonus Incentives/Concessions:See Sheets G.010 & G.015 - State Density Bonus Waivers/Reductions:See Sheets G.010, G.011 thru G.014 - Preliminary Floor Plans:See Sheets A1.201 thru A6.206 - Preliminary Grading Plans, Existing:See Sheet C.002 - Preliminary Grading Plans, Proposed:See Sheet C.002 - Preliminary Elevations, Proposed:See Sheets A2.301. A2.301, A3.301 A4.301, A5.301, & A6.301 - Preliminary Architectural Renderings:See Sheets G.002 thru G.006 - Proposed Materials and Colors:See Sheet G.007 - Preliminary Building Cross-Sections:See Sheets G.012 & G.013 - Public Improvements:See Sheets C.0-1 thru C.0-4 - Driveways/Parking:See Sheets G.011, A.001, & A1.201 - Loading/Unloading Areas:See Sheets G.011 & A.001 - Parking:See Sheets G.010, G.011, & A1.201 - Preliminary Landscape Plans:See Sheets L0.000 thru L2.100 - Open Space and Common Area:See Sheets G.010 G.014 - Phasing Plan:See Sheet A.000 RESIDENTIAL UNIT MATRIX: 4. OCCUPANT LOAD: - Office Building:2,800 Occupants(280,000 SF / 100 GSF per Occ) - Hotel Building:620 Occupants(123,865 SF / 200 GSF per Occ) - Apt-Retail Building A - Apts:696 Occupants(139,035 SF / 200 GSF per Occ) - Apt-Retail Building A - Retail:463 Occupants(13,885 SF / 30 GSF per Occ) - Apt-Retail Building B - Apts:483 Occupants(96,465 SF / 200 GSF per Occ) - Apt-Retail Building B - Retail:524 Occupants(15,710 / 30 GSF per Occ) - Apt-Retail Building C - Apts:309 Occupants(61,700 SF / 200 GSF per Occ) - Apt-Retail Building C - Retail:415 Occupants(12,425 SF / 30 GSF per Occ) - Hotel Retail/ Retail Kiosks:134 Occupants(4,000 SF / 30 GSF per Occ) - Below-Grade Parking Garage:2,582 Occupants(516,300 SF / 200 GSF per Occ) REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 2:33:11 PM C:\Users\sams\Documents\14148_Oaks-CENTRAL_sams.rvt 11 / 1 3 / 2 0 1 5 2 : 3 3 : 1 1 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.010 PROJECT SUMMARY GENERAL PLAN AMENDMENT APP 231 1 G.013 2 G.013 2 G.012 1 G.012 36' - 11" 41' - 6" 29' - 6" 45' - 5" 2 0 ' - 2 " 34 ' - 1 1 " 21' - 4" 2 5 ' - 0 " TYP 35' - 0" BUILDING OVERHANG AND ARCADE BUILDING OVERHANG @ LEVEL 3 BUILDING OVERHANG AND ARCADE BUILDING OVERHANG @ L3 SETBACK PER ZONING P R O P E R T Y L I N E PROPERTY LINE PROPERTY LINE PR O P E R T Y L I N E STEVENS CREEK BOULEVARD MARY AVE SETBACK SETBACK PER ZONING 33' - 8 1/2" S E T B A C K P E R Z O N I N G SE T B A C K 5' - 0" 20' - 4" 39' - 1" 46' - 1" OFFICE BLDG HOTEL BLDG APT-RETAIL BLDG A APT-RETAIL BLDG B APT-RETAIL BLDG C 31' - 11" 1' - 11" 6' - 6" 46 ' - 7 " 11' - 7" 36 ' - 0 " BALCONY ABOVE 24' - 0" BA L C O N Y A B O V E 2 0' - 0 " P R O P O S E D S E T B A C K FIRE ACCESS GATE LOCATION APARTMENT PARKING - 8 SPACES LOWER LEVEL PARKING ACCESSLOWER LEVEL PARKING ACCESS LOWER LEVEL PARKING ACCESS EDGE OF CURB T O P .L .4 4 ' - 0 " EDGE OF CURB ED G E O F C U R B 9' - 0" TYP 35' - 0" 7' - 2" RETAIL KIOSK RETAIL KIOSKS S T A T E R O U T E 8 5 BIKE HUB APT-FLATS BUILDING OVERHANG AND ARCADE RETAIL LOADING/UNLOADING REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 2:07:13 PM C:\Users\sams\Documents\14148_Oaks-CENTRAL_sams.rvt 11/13/2015 2:07:13 PM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.011 SETBACK WAIVER SITE PLAN GENERAL PLAN AMENDMENT APP 1" = 40'-0"G.011 1 SETBACK WAIVER SITE PLAN 0'10'25'50'75'100' 232 PR O P E R T Y L I N E PR O P E R T Y L I N E CU R B L I N E 1:1 S L O P E 1: 1 Slop e APT-RETAIL BLDG A HOTEL OFFICE APT-RETAIL BLDG C 88 ' - 0 " 291.5' @ CURB MARY AVE. 301.5' @ P.L STATE ROUTE 85 EL 294.5'EL 297.0'EL 299.0' 70 ' - 0 " SENIOR CENTER (SEE SHEET A4.301 FOR ELEVATIONS) 24 ' - 0 " + / - PARKING GARAGE - LEVEL B1 PARKING GARAGE - LEVEL B2 60 ' - 0 " NOTE: SEE DETAIL 2/G-012 AND SHEET G-013 FOR FLOOR ELEVATIONS PR O P E R T Y L I N E CU R B L I N E PR O P E R T Y L I N E CU R B L I N E 1:1 S L O P E 1:1 S L O P E APT-RETAIL BLDG A APT-RETAIL BLDG B MARY AVE. STEVENS CREEK BLVD. 297.5' @ CURB294.5' @ CURB 60 ' - 0 " 60 ' - 0 " EL 296.0'EL 295.5'EL 297.0' PARKING GARAGE - LEVEL B1 PARKING GARAGE - LEVEL B2 AMENITY DECK LEVEL 2 15'-0" LEVEL 3 25'-0" LEVEL 4 35'-0" LEVEL 5 45'-0" ROOF 55'-0" LEVEL 1 0'-0" LEVEL 2 15'-0" LEVEL 3 25'-0" LEVEL 4 35'-0" LEVEL 5 45'-0" ROOF 55'-0" LEVEL 1 0'-0" 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 15 ' - 0 " 30 ' - 0 " 24 ' - 0 " + / - GLENBROOK APARTMENTS REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 2:53:16 PM C:\Users\Mpayne\Documents\14148_Oaks-CENTRAL_mpayne.rvt 11/13/2015 2:53:16 PM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.012 SLOPE LINE WAIVER SITE SECTIONS GENERAL PLAN AMENDMENT APP 1" = 40'-0"G.012 1 EAST /WEST SITE SECTION 1" = 20'-0"G.012 2 APT-RETAIL NORTH/ SOUTH SITE SECTION 233 1:1 Slo p e 1:1 Slope OFFICE LEVEL 3 27'-0" LEVEL 4 39'-0" LEVEL 5 51'-0" LEVEL 6 63'-0" ROOF 88'-0" LEVEL 1 0'-0" PR O P E R T Y L I N E CU R B L I N E PR O P E R T Y L I N E CU R B L I N E LEVEL 7 75'-0" LEVEL 2 15'-0" 12 ' - 0 " 12 ' - 0 " 12 ' - 0 " 12 ' - 0 " 15 ' - 0 " 88 ' - 0 " 13 ' - 0 " 12 ' - 0 " STEVENS CREEK BLVDMARY AVE PARKING GARAGE - LEVEL B1 PARKING GARAGE - LEVEL B2 303.6' @ CURB EL 299.0' 301.2' @ CURB 1:1 S L O P E 1:1 SLOPE HOTEL LEVEL 2 15'-0" LEVEL 3 25'-0" LEVEL 4 35'-0" LEVEL 5 45'-0" ROOF 70'-0" LEVEL 1 0'-0" PR O P E R T Y L I N E CU R B L I N E PR O P E R T Y L I N E CU R B L I N E LEVEL 6 55'-0" 70 ' - 0 " 10 ' - 6 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 15 ' - 0 " PARKING GARAGE - LEVEL B1 PARKING GARAGE - LEVEL B2 STEVENS CREEK BLVD MARY AVE 302.2' @ CURB 295.5' @ CURB EL 297.0' REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 2:53:17 PM C:\Users\Mpayne\Documents\14148_Oaks-CENTRAL_mpayne.rvt 11/13/2015 2:53:17 PM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.013 SLOPE LINE WAIVER SITE SECTIONS GENERAL PLAN AMENDMENT APP 1" = 20'-0"G.013 1 OFFICE - NORTH/ SOUTH SITE SECTION 1" = 20'-0"G.013 2 HOTEL - NORTH/ SOUTH SITE SECTION 234 2 0 ' - 2 " TYP 35' - 0"SETBACK PER ZONING P R O P E R T Y L I N E PROPERTY LINE PROPERTY LINE PR O P E R T Y L I N E STEVENS CREEK BOULEVARD MARY AVE OFFICE - COMMON OPEN SPACE 17,510 SF HOTEL - COMMON OPEN SPACE 15,840 SF RETAIL - COMMON OPEN SPACE 13,706 SF HOUSING - COMMON OPEN SPACE 41,956 SF HOUSING - COMMON LANDSCAPED GREEN SPACE 10,435 SF (SUBSECT OF COMMON OPEN SPACE) OFFICE : COMMON OPEN SPACE REQUIRED = 7,000 SF COMMON OFFICE OPEN SPACE PROVIDED = 17,510 SF HOTEL : COMMON OPEN SPACE REQUIRED = 3,097 SF COMMON OFFICE OPEN SPACE PROVIDED = 15,789 SF RETAIL : COMMON OPEN SPACE REQUIRED = 1,250 SF COMMON OFFICE OPEN SPACE PROVIDED = 13,705 SF HOUSING: COMMON OPEN SPACE REQUIRED = 40,500 SF COMMON OPEN SPACE PROVIDED = 46,944 SF COMMON LANDSCAPED SPACE (GREEN SPACE) REQUIRED = 70% or 28,350 SF COMMON LANDSCAPED SPACE (GREEN SPACE) PROVIDED = 30% or 12,245 SF THE LANDSCAPE CALC DOES NOT INCLUDE THE STORMWATER RETENTION AREAS WHICH WILL ALSO BE LANDSCAPED, AND DOES NOT INCLUDE LANDSCAPED AREAS WITHIN THE SETBACK AREA, AND DOES NOT INCLUDE THE HARDSCAPED/PAVING AREAS. GENERAL NOTES: HOUSING L2 - AMENITY DECK, COMMON OPEN SPACE = 7,850 SF HOUSING L2 - AMENITY DECK, COMMON LANDSCAPED SPACE = 4,350 SF 60 SF PRIVATE OUTDOOR PATIO SPACE IS PROVIDED FOR EA HOUSING UNIT. 20 - 30% OF OUTDOOR SPACE IS UNIT PAVERS OR GRAVEL. OFFICE AND HOTEL ROOF DECK SPACE NOT INCLUDED. OFFICE BLDG HOTEL BLDG APT-RETAIL BLDG A APT-RETAIL BLDG B APT-RETAIL BLDG C LEVEL 2 AMENITY DECK S E T B A C K P E R Z O N I N G P R O P O S E D S E T B A C K POTENTIAL BIKE TRAIL PROJECT REQUESTS TO REDUCE THE 70% LANDSCAPED SPACE DOWN TO 25%, PER THE STATE DENSITY BONUS ASSISTANCE. OPEN SPACE AREA CALCS: REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:44:36 AM C:\Users\Mpayne\Documents\14148_Oaks-CENTRAL_mpayne.rvt 11/13/2015 11:44:36 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.014 OPEN SPACE AREA CALCS SITE PLAN GENERAL PLAN AMENDMENT APP 1" = 40'-0"G.014 1 OPEN SPACE AREA CALCS SITE PLAN 0'10'25'50'75'100' 235 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:44:36 AM C:\Users\Mpayne\Documents\14148_Oaks-CENTRAL_mpayne.rvt 11 / 1 3 / 2 0 1 5 1 1 : 4 4 : 3 6 A M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP G.015 NEIGHBORHOOD SITE PLAN & BUILDING HEIGHTS GENERAL PLAN AMENDMENT APP GLENBROOK APARTMENTS 24' +/- MEMORIAL PARK BUILDING HEIGHT DIAGRAM NEIGHBORHOOD SITE PLAN FLINT CENTER GARAGE 58' +/- FLINT CENTER 109' +/- STUDENT CENTER 35' +/- OFFICE 88' HOTEL 70' APARTMENT BUILDINGS, TYP 60' APARTMENT FLATS 30' FLINT CENTER 65' +/- SENIOR CENTER 24' +/- GLENBROOK APARTMENTS 24' +/- MEMORIAL PARK FLINT CENTER GARAGE 58' +/- FLINT CENTER 109' +/- STUDENT CENTER 35' +/- OFFICE 88' HOTEL 70' APARTMENT BUILDINGS 60' APARTMENT FLATS 30' SENIOR CENTER 24' +/- STEVENS CREEK BOULEVARD MARY AVE S T A T E R O U T E 8 5 S T E V E N S C R E E K B O U L E V A R D STATE ROUTE 85 M A R Y A V E 236 23 7 23 8 23 9 24 0 24 1 24 2 243 244 245 246 PHASE 1 PHASE 2 PHASE 3 PHASE 4 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:44:19 AM C:\Users\Mpayne\Documents\14148_Oaks-CENTRAL_mpayne.rvt 11 / 1 3 / 2 0 1 5 1 1 : 4 4 : 1 9 A M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A.000 PHASING PLAN GENERAL PLAN AMENDMENT APP 1" = 40'-0"A.000 1 PHASING PLAN 0'10'25'50'75'100' 247 BUILDING OVERHANG AND ARCADEBUILDING OVERHANG @ LEVEL 3 BUILDING OVERHANG AND ARCADE BUILDING OVERHANG @ L3 SETBACK PER ZONING P R O P E R T Y L I N E PROPERTY LINE PROPERTY LINE PR O P E R T Y L I N E STEVENS CREEK BOULEVARD MARY AVE 1 G.013 2 G.013 2 G.012 1 G.012 SETBACK SETBACK PER ZONING S E T B A C K P E R Z O N I N G SE T B A C K OFFICE BLDG BALCONY ABOVE BA L C O N Y A B O V E P R O P O S E D S E T B A C K 2 4 ' - 6 " T O P .L .4 4 ' - 0 " LOADING DOCK LOADING UNLOADING LOADING UNLOADING HOTEL BLDG APT-RETAIL BLDG A APT-RETAIL BLDG B APT-RETAIL BLDG C S T A T E R O U T E 8 5 35' - 0" 9' - 0" 9' - 0" 59' - 10" 1 3 0 ' - 0 " 45' - 4" 94' - 0" 66' - 0" 47' - 6" 48' - 6" 45' - 3" 49' - 5" APT-FLATS PARKING ACCESS PARKING ACCESS (PASSAGE WAY BENEATH) POOL AMENITY DECK BIKE HUB CONFERENCE ROOM AMENITY KIOSK KIOSKS PARKING ACCESS SEE PROJECT SUMMARY SHEET G.010 FOR ZONING AND LAND USE DESIGNATIONS, AND GROSS SITE AREA AND NET SITE AREA. 1. GENERAL NOTES - SITE PLAN SEE OPEN SPACE AREA CALCS SITE PLAN SHEET G.014 FOR OPEN SPACE CALCS.3. SEE LANDSCAPE SHEETS FOR LANDSCAPE AREA CALCULATIONS AND INFO.4. SEE SHEET A1.201 FOR PROJECT PARKING SPACE SUMMARY.5. SEE SETBACK WAIVER SITE PLAN SHEET G.011 FOR SETBACK DIMENSIONS.2. REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:44:23 AM C:\Users\Mpayne\Documents\14148_Oaks-CENTRAL_mpayne.rvt 11/13/2015 11:44:23 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 SHS 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A.001 ARCHITECTURAL SITE PLAN GENERAL PLAN AMENDMENT APP 0'10'25'50'75'100' 1" = 40'-0"A.001 1 ARCHITECTURAL SITE PLAN - CODE 248 G E N - E R A T O R R M S T A I R E L E V R A M P U P R A M P D N S T A I R O F F I C E B I C Y C L E S T O R RAMP UP RAMP DN HOTEL BICYCLE STOR RESIDENTIAL BICYCLE STOR RAMP UP RAMP DN ELEV STAIR ELEV STAIR STAIR ELEV BICYCLE STOR EL E V ST A I R STAIR ELEV ST A I R EL E V FENCE HOTEL VALET PARKING - TANDEM PARKING, 26 SPACES PER LEVEL HOTEL VALET PARKING - TANDEM PARKING, 11 SPACES PER LEVEL GARAGE AREA "A":PROVIDED PARKING:SIZE:HOURS/ PEAK DEMAND: NOTES: OFFICE :485 SPACES UNI-SIZE24/7 / DAYTIME LOCATED AT LEVEL B2, AND LEVEL B1 BENEATH OFFICE BLDG HOTEL :138 SPACES UNI-SIZE24/7 / EVENINGS LOCATED AT LEVEL B1, AND LEVEL B2 AT TANDEM PARKING SPACES ADDITIONAL:21 SPACES UNI-SIZE 21 ADDITIONAL PARKING SPACES PROVIDED WITHIN GARAGE AREA "A", BEYOND SPACES REQUIRED PER PARKING ASSESSMENT. GARAGE AREA "B":PROVIDED PARKING:SIZE:HOURS/ PEAK DEMAND:NOTES: APARTMENT HOUSING:318 SPACES 9.5'X20'24/7 / EVENINGS LOCATED AT LEVEL B2 (W/ 50 SPACES UP AT LEVEL B1), AND 8 SPACES @ BLDG A GROUND LVL PARKING GARAGE RETAIL:236 SPACES UNI-SIZERETAIL HOURS LOCATED AT LEVEL B1 ADDITIONAL:10 SPACES UNI-SIZE 10 ADDITIONAL PARKING SPACES PROVIDED WITHIN GARAGE AREA "B", BEYOND SPACES REQUIRED PER PARKING ASSESSMENT. FENCE AUTO PARKING MATRIX GARAGE AREA "A" GARAGE AREA "B" TOTAL:1,208 SPACES RETAIL BICYCLE STOR @ LVL B1, APARTMENT BICYCLE STOR @ LVL B2; 20 SPACES EACH LEVEL 12 SPACES @ LEVEL B1 55 SPACES PER LEVEL 15 SPACES PER LEVEL GARAGE AREA "A":PROVIDED PARKING:TYPE:NOTES: OFFICE :30 SPACES CLASS ILOCATED ADJACENT TO ELEVATORS BENEATH OFFICE BLDG HOTEL :12 SPACES CLASS IILOCATED AT LEVEL B1, AND SEE "BIKE HUB" @ GROUND LVL SHORT-TERM BICYCLE PARKING PROVIDED ADJACENT TO GROUND LVL BLDG ENTRANCES GARAGE AREA "B":PROVIDED PARKING:SIZE:NOTES: APARTMENT HOUSING:130 SPACES CLASS ILOCATED AT LEVEL B1 AND LEVEL B1 RETAIL:20 SPACES CLASS IILOCATED AT LEVEL B1 BICYCLE PARKING MATRIX ADDITIONAL:28 SPACES CLASS I28 ADDITIONAL SPACES PROVIDED AT GROUND LVL "BIKE HUB" @ HOTEL SHORT-TERM BICYCLE PARKING PROVIDED ADJACENT TO GROUND LVL BLDG ENTRANCES TOTAL:220 SPACES SETBACK PER ZONING SETBACK PER ZONING S E T B A C K P E R Z O N I N G SE T B A C K P E R Z O N I N G PROPERTY LINE EDGE OF CURB @ GRADE LEVEL EDGE OF CURB @ GRADE LEVEL PROPERTY LINE EDGE OF CURB @ GRADE LEVEL PROPERTY LINE EDGE OF CURB @ GRADE LEVEL PROPERTY LINE 16 ' - 0 " EDGE OF CURB @ GRADE LEVEL 3 7 7 ' - 9 " 3 0 ' - 0 " 1 7 ' - 1 " 1 0 6 ' - 9 " UNI-SIZE SPACE FOR OFFICE, TYP 8 ' - 6 " 1 8 ' - 0 " UNI-SIZE SPACE FOR HOTEL, TYP 8' - 6" 18 ' - 0 " 9.5'X20' SPACE FOR APT HOUSING, TYP 9' - 6 " 20' - 0" 538' - 5"130' - 3"59' - 1" 13 5 ' - 9 " 45 ' - 0 " 86 ' - 0 " 44 ' - 0 " 1 2 ' - 3 " 28 ' - 1 " T Y P24' - 0 " 7 5 ' - 7 " 56' - 6" 35 ' - 1 0 " 564' - 0"80' - 0" 25' - 3" 4 6 ' - 7 " 3 0 ' - 0 " 6 4 ' - 0 " TYP 24' - 0" @ APT 22' - 0" SPACES 24' - 0"@ APT 22' - 0" @ APT 22' - 0" @ APT 22' - 0" SPACESSPACES SPACES (ONE-WAY AISLE) REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 12:05:18 PM C:\Users\sams\Documents\14148_Oaks-CENTRAL_sams.rvt 11/13/2015 12:05:18 PM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A1.201 PARKING GARAGE - BUILDING PLANS - LEVELS B1 & B2 GENERAL PLAN AMENDMENT APP 1" = 40'-0"A1.201 1 PARKING GARAGE - LEVELS B1 & B2 0'10'25'50'75'100' 249 Z5 Z4 Z2 Y12Y11Y10Y9Y8Y7Y6 Y13 Y1412Y5Y4 X Z1 Z3 Y3 REST ROOM REST ROOM FIRE DEPT CONTROL 638 SF MEP 1300 SF TRASH 2326 SF LOADING AREA A2.301 A2.301 A2.302 A2.3021 2 1 2 ENTRY EQ EQ EQ EQ EQ EQ EQ EQ EQ EQ (RAMP BELOW) 45 ' - 0 " 30 ' - 0 " 45 ' - 0 " 25 ' - 0 " ELEV LOBBY 14 5 ' - 0 " ENTRY CANOPY STATE ROUTE 85 M A R Y A V E. ST E V E N S C R E E K B L V D . 138' - 11" 275' - 3 1/2" 255' - 11 1/2"94' - 6 1/2" 350' - 7" 73' - 10" 123' - 2 1/2" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:55:11 AM C:\Users\mpak\Documents\14148_Oaks-Office_mpak.rvt 11/13/2015 11:55:11 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 SHS 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A2.201 OFFICE - BUILDING PLAN - LEVEL 1 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A2.201 1 OFFICE - LEVEL 1 0'10'25'50'75'100' LEVEL 1 - AREAS GSF 43,000 SF 6,990 SF 36,010 SF MEP / LOADING / BOH NSF 250 Z5 Z4 Z2 Y12Y11Y10Y9Y8Y7Y6 Y13 Y1412Y5Y4 X Z1 Z3 Y3 A2.301 A2.301 A2.302 A2.302 1 1 2 2 45' - 0" 30' - 0" 45' - 0" 25' - 0" 145' - 0" 30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 330' - 0"23' - 11 1/2"6' - 0 1/2" REST ROOM REST ROOM OFFICE 79' - 2 1/2" 150' - 9 1/2" 261' - 8"86' - 9 1/2"11' - 6 1/2" 360' - 0" 147' - 8 1/2" 83' - 10" 196' - 2" 36' - 9 1/2" 25' - 8 1/2" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:55:12 AM C:\Users\mpak\Documents\14148_Oaks-Office_mpak.rvt 11/13/2015 11:55:12 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A2.202 OFFICE - BUILDING PLAN - LEVELS 2-5 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A2.202 1 OFFICE - LEVELS 2-5 0'10'25'50'75'100' LEVEL 2 - AREAS GSF 47,200 SF 866 SF 45,705 SF STAIRS / ELEVATORS NSF RESTROOMS 629 SF 251 Z5 Z4 Z2 Y12Y11Y10Y9Y8Y7Y6 Y13 Y1412Y5Y4 X Z1 Z3 Y3 A2.302 1 A2.302 2 A2.301 2 A2.301 1 45' - 0" 30' - 0" 45' - 0" 25' - 0" 145' - 0" 30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 330' - 0" REST ROOM REST ROOM ROOF TERRACE OFFICE 261' - 8"94' - 6" 356' - 2" 150' - 9 1/2" 79' - 2 1/2" 206' - 1" 73' - 10" 138' - 11" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:55:12 AM C:\Users\mpak\Documents\14148_Oaks-Office_mpak.rvt 11/13/2015 11:55:12 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A2.206 OFFICE - BUILDING PLAN - LEVEL 6 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A2.206 1 OFFICE - LEVEL 6 0'10'25'50'75'100' LEVEL 6 - AREAS GSF 34,500 SF 866 SF 33,005 SF STAIRS / ELEVATORS NSF RESTROOMS 629 SF 252 Z5 Z4 Z2 Y12Y11Y10Y9Y8Y7Y6 Y13 Y1412Y5Y4 X Z1 Z3 Y3 A2.302 1 A2.302 2 A2.301 2 A2.301 1 45' - 0" 30' - 0" 45' - 0" 25' - 0" 145' - 0" 30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 330' - 0" REST ROOM REST ROOM ROOF TERRACE ROOF CANOPY ABOVE ROOF TERRACE BELOW OFFICE 73' - 7 1/2" 356' - 2" 282' - 7" 150' - 9 1/2" 79' - 2 1/2" 138' - 10" 73' - 10" 206' - 1" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:55:12 AM C:\Users\mpak\Documents\14148_Oaks-Office_mpak.rvt 11/13/2015 11:55:12 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A2.207 OFFICE - BUILDING PLAN - LEVEL 7 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A2.207 1 OFFICE - LEVEL 7 0'10'25'50'75'100' LEVEL 7 - AREAS GFA 14,300 SF 625 SF 13,046 SF STAIRS / ELEVATORS NFA RESTROOMS 629 SF 253 Z5 Z4 Z2 Y12Y11Y10Y9Y8Y7Y6 Y13 Y1412Y5Y4 X Z1 Z3 Y3 45' - 0" 30' - 0" 45' - 0" 25' - 0" 145' - 0" 30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 330' - 0" MECHANICAL PENTHOUSE ROOF ROOF CANOPY TERRACE BELOW TERRACE BELOW A2.302 1 A2.302 2 A2.301 2 A2.301 1 356' - 2" 282' - 7" 150' - 9 1/2" 79' - 2 1/2" 0" 73' - 10" 206' - 1" 73' - 7 1/2" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:55:13 AM C:\Users\mpak\Documents\14148_Oaks-Office_mpak.rvt 11/13/2015 11:55:13 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A2.208 OFFICE - BUILDING PLAN - ROOF LEVEL GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A2.208 1 OFFICE - ROOF LEVEL 0'10'25'50'75'100' 254 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 3:19:02 PM C:\Users\Mpayne\Documents\14148_Oaks-Office_mpayne.rvt 11 / 1 3 / 2 0 1 5 3 : 1 9 : 0 2 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A2.301 OFFICE - BUILDING ELEVATIONS GENERAL PLAN AMENDMENT APP OFFICE - WEST ELEVATION (STATE ROUTE 85) SCALE: 1/16" = 1' OFFICE - EAST ELEVATION SCALE: 1/16" = 1' GENERAL NOTES - ELEVATIONS SEE SHEET G.007 FOR MATERIALS & COLORS1. KEYNOTES - ELEVATIONS 1 GFRC PANEL - TAN 2 METAL PANEL - GRAY 3 METAL FIN 4 CURTAIN WALL SYSTEM 5 GLASS SCREEN 6 STEEL CANOPY 0'10'25'50'75'100' A2.301 1 A2.301 2 1 4 2 14 2 5 3 5 4 GROUND LEVEL LEVEL 2 15' - 0" LEVEL 3 27' - 0" LEVEL 4 39' - 0" LEVEL 5 51' - 0" LEVEL 6 63' - 0" LEVEL 7 75' - 0" ROOF 88' - 0" FF 299'-0" = 0' - 0" 15 ' - 0 " 12 ' - 0 " 12 ' - 0 " 12 ' - 0 " 12 ' - 0 " 88 ' - 0 " 12 ' - 0 " 13 ' - 0 " 15 ' - 0 " 12 ' - 0 " 12 ' - 0 " 12 ' - 0 " 12 ' - 0 " 88 ' - 0 " 12 ' - 0 " 13 ' - 0 " GROUND LEVEL LEVEL 2 15' - 0" LEVEL 3 27' - 0" LEVEL 4 39' - 0" LEVEL 5 51' - 0" LEVEL 6 63' - 0" LEVEL 7 75' - 0" ROOF 88' - 0" FF 299'-0" = 0' - 0" 3 3 CURB @ 303.6'CURB @ 301.2' CURB @ 301.2'CURB @ 303.6' 255 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 3:25:01 PM C:\Users\sams\Documents\14148_Oaks-Office_sams.rvt 11 / 1 3 / 2 0 1 5 3 : 2 5 : 0 1 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A2.302 OFFICE - BUILDING ELEVATIONS GENERAL PLAN AMENDMENT APP OFFICE - SOUTH ELEVATION (STEVENS CREEK BLVD) SCALE: 1/16" = 1' OFFICE - NORTH ELEVATION (MARY AVE) SCALE: 1/16" = 1' GENERAL NOTES - ELEVATIONS SEE SHEET G.007 FOR MATERIALS & COLORS1. KEYNOTES - ELEVATIONS 1 GFRC PANEL - TAN 2 METAL PANEL - GRAY 3 METAL FIN 4 CURTAIN WALL SYSTEM 5 GLASS SCREEN 6 STEEL CANOPY 0'10'25'50'75'100' 13 2 GROUND LEVEL LEVEL 2 15' - 0" LEVEL 3 27' - 0" LEVEL 4 39' - 0" LEVEL 5 51' - 0" LEVEL 6 63' - 0" LEVEL 7 75' - 0" ROOF 88' - 0" FF 299'-0" = 0' - 0" 1 4 2 A2.302 2 A2.302 1 6 5 5 4 15 ' - 0 " 12 ' - 0 " 12 ' - 0 " 12 ' - 0 " 12 ' - 0 " 88 ' - 0 " 12 ' - 0 " 13 ' - 0 " GROUND LEVEL LEVEL 2 15' - 0" LEVEL 3 27' - 0" LEVEL 4 39' - 0" LEVEL 5 51' - 0" LEVEL 6 63' - 0" LEVEL 7 75' - 0" ROOF 88' - 0" FF 299'-0" = 0' - 0" 15 ' - 0 " 12 ' - 0 " 12 ' - 0 " 12 ' - 0 " 12 ' - 0 " 88 ' - 0 " 12 ' - 0 " 13 ' - 0 " CURB LEVEL 2' - 6" = 301'-6" (CITY DATUM) CURB @ 303.6' CURB @ 301.2' 256 W V U T S R 1 2 3 4 5 6 7 8 9 10 11 12 13 546 SF HOTEL LOBBY 3614 SF CONFERENCE ROOM STAIR 349 SF RESTROOM 1223 SF CAFE 120 SF ASST GM 743 SF MEP 212 SF RESTROOM 212 SF RESTROOM 120 SF GM 786 SF LOUNGE 378 SF WORK ROOM124 SF STORAGE 301 SF BAR 148 SF LUGGAGE 90 SF CARTS 157 SF SALES 50 SF TEL 372 SF RESTROOM 674 SF FITNESS 460 SF MEP 145 SF SUNDRIES A3.301 2 A3.3011 A3.301 4 A3.301 3 30 ' - 0 " 30 ' - 0 " 30 ' - 0 " 30 ' - 0 " 30 ' - 0 " 15 0 ' - 0 " 15' - 0"30' - 0"30' - 0"30' - 0"36' - 0"24' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 345' - 0" 1035 SF KITCHEN 1650 SF LOADING DOCK 2242 SF BIKE HUB ENTRY CANOPY FLOOR ABOVE 97 SF STOR 171 SF STOR 2272 SF CONFERENCE LOBBY EXIT EXIT 929 SF HOTEL BOH 1 A3.210 MARY AVE ST E V E N S C R E E K B L V D 43' - 9"56' - 0" 38' - 2 1/2"28' - 0" 7 8 ' - 4 1 /2 " 73' - 0 1/2" 10 6 ' - 4 " 80' - 0 1/2" 6 2 ' - 5 " 46' - 10 1/2"28' - 0"99' - 9" 87 ' - 3 1 / 2 " REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 107 SE WASHINGTON ST SUITE 740 PORTLAND OREGON 97214 503 444 2200 11/13/2015 11:06:57 AM C:\Users\mpak\Documents\14148_Oaks-Hotel_mpak.rvt 11/13/2015 11:06:57 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 SHS 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A3.201 HOTEL - BUILDING PLAN - LEVEL 1 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A3.201 1 HOTEL - LEVEL 1 LEVEL 1 - AREAS HOTEL GSF 12,980 SF RETAIL / BIKE HUB PUBLIC CONFERENCE ROOM GSF 7,530 SF 2,390 SF TOTAL LEVEL 1 GSF 22,900 SF 0'10'25'50'75'100' 257 W V U T S R 1 2 3 4 5 6 7 8 9 10 11 12 13 LOBBY BELOW CONF ROOM BELOW A3.301 2 A3.3011 A3.301 4 A3.301 3 15' - 0"30' - 0"30' - 0"30' - 0"36' - 0"24' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 345' - 0" 30' - 0" 30' - 0" 30' - 0" 30' - 0" 30' - 0" 150' - 0" 695 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 706 SF LINEN 440 SF Room 366 SF Room 366 SF Room 366 SF Room 240 SF MEP 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 601 SF BUSINESS CENTER MEETING ROOM BIKE HUB ROOF LOADING / GARAGE ENTRY ROOF FLOOR ABOVE ENTRY CANOPY BELOW OPEN TO BELOW 1 3 ' - 0 " 2 8 ' - 0 " 87' - 6" 44' - 0" 28' - 0"56' - 0"38' - 0" 1 5 2 ' - 0 " 6 6 ' - 6 " 1 6 1 ' - 0 " 174' - 6" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 107 SE WASHINGTON ST SUITE 740 PORTLAND OREGON 97214 503 444 2200 11/13/2015 11:06:58 AM C:\Users\mpak\Documents\14148_Oaks-Hotel_mpak.rvt 11/13/2015 11:06:58 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A3.202 HOTEL - BUILDING PLAN - LEVEL 2 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A3.202 1 HOTEL - LEVEL 2 LEVEL 2 - AREAS HOTEL GSF 8,530 SF PUBLIC CONFERENCE ROOM GSF 6,070 SF TOTAL LEVEL 2 GSF 14,600 SF 0'10'25'50'75'100' 258 W V U T S R 1 2 3 4 5 6 7 8 9 10 11 12 13 A3.301 2 A3.3011 A3.301 4 A3.301 3 706 SF LINEN 366 SF Room366 SF Room 15' - 0"30' - 0"30' - 0"30' - 0"36' - 0"24' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 345' - 0" 30' - 0" 30' - 0" 30' - 0" 30' - 0" 30' - 0" 150' - 0" 366 SF Room 367 SF Room 367 SF Room 367 SF Room 367 SF Room 367 SF Room 699 SF Room 438 SF Room 366 SF Room 366 SF Room 366 SF Room 240 SF MEP 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 316 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 242 SF MEP 366 SF Room 502 SF Room366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 366 SF Room 1 A3.501 2 A3.501 Room 714.35 SF Room 366 SF CORRIDOR 1 3 ' - 0 " 2 8 ' - 0 " 188' - 6" 180' - 0" 1 5 2 ' - 0 " 1 6 1 ' - 0 " 66' - 6" 6 6 ' - 6 " REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 107 SE WASHINGTON ST SUITE 740 PORTLAND OREGON 97214 503 444 2200 11/13/2015 11:06:58 AM C:\Users\mpak\Documents\14148_Oaks-Hotel_mpak.rvt 11/13/2015 11:06:58 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A3.203 HOTEL - BUILDING PLAN - LEVELS 3-6 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A3.203 1 HOTEL - LEVELS 3-6 LEVEL 3-6 - AREAS HOTEL GSF 22,300 SF 0'10'25'50'75'100' 259 W V U T S R 1 2 3 4 5 6 7 8 9 10 11 12 13 ELEVATOR MACHINE ROOM / MEP ROOF STAIR TO ROOF MECH SCREEN, TYP 15' - 0"30' - 0"30' - 0"30' - 0"36' - 0"24' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 345' - 0" 30' - 0" 30' - 0" 30' - 0" 30' - 0" 30' - 0" 150' - 0" ROOF ROOF A3.301 2 A3.3011 A3.301 4 A3.301 3 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 107 SE WASHINGTON ST SUITE 740 PORTLAND OREGON 97214 503 444 2200 11/13/2015 11:06:58 AM C:\Users\mpak\Documents\14148_Oaks-Hotel_mpak.rvt 11/13/2015 11:06:58 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A3.207 HOTEL - BUILDING PLAN - ROOF LEVEL GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A3.207 1 HOTEL - ROOF LEVEL 0'10'25'50'75'100' 260 U T S 9 10 11 12 30' - 0"30' - 0"30' - 0" 30' - 0" 30' - 0" 3614 SF CONFERENCE ROOM 171 SF STOR 2272 SF CONFERENCE LOBBY 212 SF RESTROOM 212 SF RESTROOM 97 SF STOR EXIT FLOOR ABOVE 5' - 0"5' - 0" 22' - 6"11' - 6"11' - 6"5' - 0"49' - 6" 5' - 0"35' - 6"10' - 6"5' - 6" 44' - 0" 24' - 0" 3' - 6" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 107 SE WASHINGTON ST SUITE 740 PORTLAND OREGON 97214 503 444 2200 11/13/2015 11:06:58 AM C:\Users\mpak\Documents\14148_Oaks-Hotel_mpak.rvt 11/13/2015 11:06:58 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A3.210 HOTEL - ENLARGED PLAN - CONFERENCE SPACE GENERAL PLAN AMENDMENT APP 1/8" = 1'-0"A3.210 1 ENLARGED PLAN - CONFERENCE ROOM 0'5'15'35' 261 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 107 SE WASHINGTON ST SUITE 740 PORTLAND OREGON 97214 503 444 2200 11/13/2015 3:30:15 PM C:\Users\Mpayne\Documents\14148_Oaks-Hotel_mpayne.rvt 11 / 1 3 / 2 0 1 5 3 : 3 0 : 1 5 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A3.301 HOTEL - BUILDING ELEVATIONS GENERAL PLAN AMENDMENT APP HOTEL - SOUTH ELEVATION (STEVENS CREEK BLVD) SCALE: 1/16" = 1' HOTEL - NORTH ELEVATION (MARY AVE) SCALE: 1/16" = 1' HOTEL - WEST ELEVATION SCALE: 1/16" = 1' HOTEL - EAST ELEVATION SCALE: 1/16" = 1' GROUND LEVEL LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" LEVEL 6 55' - 0" GENERAL NOTES - ELEVATIONS SEE SHEET G.007 FOR MATERIALS & COLORS1. KEYNOTES - ELEVATIONS 1 GFRC - CREAM 2 CEDAR WOOD PANEL 4 ALUMINUM CURTAIN WALL SYSTEM 5 METAL PANEL 6 METAL SCREEN 0'10'25'50'75'100' ROOF 65'- 0" FF 297' = 0' - 0" A3.301 1 A3.301 2 A3.301 3 A3.301 4 PARAPET 70'- 0" 2 4 1 42 5 6 1 42 5 6 615 2 46 15 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 70 ' - 0 " 10 ' - 0 " 5' - 0 " GROUND LEVEL LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" LEVEL 6 55' - 0" ROOF 65'- 0" FF 297' = 0' - 0" PARAPET 70'- 0" 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 70 ' - 0 " 10 ' - 0 " 5' - 0 " GROUND LEVEL LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" LEVEL 6 55' - 0" ROOF 65'- 0" FF 297' = 0' - 0" PARAPET 70'- 0" 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 70 ' - 0 " 10 ' - 0 " 5' - 0 " GROUND LEVEL LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" LEVEL 6 55' - 0" ROOF 65'- 0" FF 297' = 0' - 0" PARAPET 70'- 0" 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 70 ' - 0 " 10 ' - 0 " 5' - 0 " CURB @ 302.2'CURB @ 295.5' CURB @ 302.2'CURB @ 295.5' CURB @ 295.5'CURB @ 302.2' 262 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 107 SE WASHINGTON ST SUITE 740 PORTLAND OREGON 97214 503 444 2200 11/13/2015 11:07:00 AM C:\Users\mpak\Documents\14148_Oaks-Hotel_mpak.rvt 11/13/2015 11:07:00 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT Urban 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A3.501 HOTEL - UNIT PLANS GENERAL PLAN AMENDMENT APP 1/4" = 1'-0"A3.501 1 HOTEL UNIT LAYOUT 1 1/4" = 1'-0"A3.501 2 HOTEL UNIT LAYOUT 2 263 P O N M L K J I H G F 9 8 7 6.5 5.5 4.5 3.5 Q 2.6 1.6 40 ' - 0 " 10 ' - 0 " 1555 SF RETAIL 1540 SF RETAIL 1301 SF RETAIL 1623 SF RETAIL 1623 SF RETAIL 1559 SF RETAIL 889 SF LOBBY 1553 SF RETAIL 1536 SF RETAIL 193 SF OFFICE MAIL PASSAGEWAY TRASH/LOADING MECH 772 SF RESTROOM 712 SF RESTROOM 992 SF LOBBY 575 SF 1 BR 575 SF 1 BR 575 SF 1 BR 575 SF 1 BR 580 SF 1 BR CORRIDOR 12160 SF PARKING A4.3014 A4.301 3 A4.301 1 A4.301 2 25' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 30 ' - 0 " 25 ' - 0 " 15 ' - 0 " 30 ' - 0 " 30 ' - 0 " 30 ' - 0 " 26 ' - 0 " 29 ' - 0 " 15 1 ' - 0 " 14 2 ' - 0 " TYP 10' - 0" TYP 20' - 0" 30' - 0"30' - 0"30' - 0"9' - 8"29' - 11"30' - 5" 21' - 8"21' - 10" 26' - 4" 18' - 2" 32' - 6" 26' - 0" 34' - 0" MARY AVE. 25' - 0" 320' - 0" 179' - 0" 58' - 0" 56' - 0" 7' - 0" 40' - 0" 48' - 0" 117' - 0" 277' - 0" 2' - 0" 10' - 0" 215' - 0" 43' - 4" 30' - 0"90' - 0" 299' - 0" RETAIL LOADING/UNLOADING REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:38 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:38 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A4.201 APT-RETAIL BUILDING A - BUILDING PLAN - LEVEL 1 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A4.201 1 APT-RETAIL BLDG A - LEVEL 1 RAMP DN LEVEL 1 - AREAS NAME GSF NET RENTABLE SF RETAIL APT 15,446 13,148 12,598 2,304 PARKING 12,134 1,600 0'10'25'50'75'100' 264 P O N M L K J I H G F 9 8 7 6.5 5.5 4.5 3.5 Q 2.6 1.6 RESTROOM RESTROOM CO R R I D O R 1939 SF FITNESS CENTER 607 SF STUDIO 859 SF 1 BR 1011 SF 2 BR 892 SF 1 BR 892 SF 1 BR 607 SF STUDIO 892 SF 1 BR 808 SF 1 BR 1022 SF 1 BR 903 SF 1 BR MEP 1394 SF 2 BR 607 SF STUDIO 607 SF STUDIO 633 SF STUDIO 832 SF 1 BR 605 SF 1 BR916 SF 1 BR 892 SF 1 BR 550 SF STUDIO 1689 SF CORRIDOR 1300 SF CORRIDOR 575 SF 1 BR 575 SF 1 BR 575 SF 1 BR 575 SF 1 BR 580 SF 1 BR STAIR 1 A4.501 4 A4.501 2 A4.5013 A4.501 956 SF 1 BR 1130 SF 2 BR A4.3014A4.301 3 A4.301 1 A4.301 2 25' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"25' - 0"30' - 0" 25' - 0" 15' - 0" 30' - 0" 30' - 0" 30' - 0" 26' - 0" 29' - 0" 151' - 0" 305' - 0" 276' - 9" 142' - 0" 28' - 0"26' - 0"26' - 0"18' - 0"20' - 0"44' - 0"18' - 0"18' - 0"14' - 0" 23' - 0" 37' - 0" 32' - 1"31' - 11"33' - 0"18' - 0"26' - 0"26' - 0"29' - 7 1/2"28' - 4 1/2" 40' - 0" 40' - 0" 5' - 7" 21' - 4" 5' - 10" 10' - 0" 1050 SF LAP POOL 95 SF SPA/ HOT TUB 356 SF LOUNGE 95 SF SPA/ HOT TUB 414 SF LOUNGE AMENITY DECK 8' - 0"26' - 0"26' - 8"32' - 4" 5' - 0" 14' - 0" 86' - 8 3/4"30' - 0"30' - 0"30' - 0"30' - 0"9' - 8"30' - 4"30' - 0" 54' - 0"7' - 1 1/2"18' - 10 1/2" 6' - 6" 21' - 8" 40' - 4" 37' - 0" 23' - 0" 20' - 0" 320' - 0" 20' - 0" 30' - 8" 40' - 4" 40' - 0" 40' - 0" 215' - 0" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:38 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:38 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A4.202 APT-RETAIL BUILDING A - BUILDING PLAN - LEVEL 2 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A4.202 1 APT-RETAIL BLDG A - LEVEL 2 LEVEL 2 - AREAS NAME GSF NET RENTABLE SF APT 42,983 25,790 0'10'25'50'75'100' 265 P O N M L K J I H G F 9 8 7 6.5 5.5 4.5 3.5 Q 2.6 1.6 745 SF 1 BR892 SF 1 BR 1011 SF 2 BR 607 SF STUDIO 859 SF 1 BR 1011 SF 2 BR 892 SF 1 BR 892 SF 1 BR 607 SF STUDIO 892 SF 1 BR 808 SF 1 BR 1022 SF 1 BR 903 SF 1 BR MEP 1394 SF 2 BR 607 SF STUDIO 607 SF STUDIO 633 SF STUDIO 832 SF 1 BR 956 SF 1 BR 1130 SF 2 BR 916 SF 1 BR 892 SF 1 BR 1256 SF 2 BR CORRIDOR (ROOF BELOW) A4.3014A4.301 3 A4.301 1 A4.301 2 305' - 0" 80' - 0" 80' - 0" 23' - 0"26' - 0"26' - 0"18' - 0"20' - 0"44' - 0"18' - 0"18' - 0"14' - 0"26' - 0"26' - 8"27' - 4" 32' - 1"31' - 11"33' - 0"28' - 0"29' - 7 1/2"28' - 4 1/2"28' - 0"26' - 0"26' - 0"18' - 0"24' - 0" 40' - 0" 40' - 0" 13' - 11" 19' - 10" 22' - 6" 36' - 5 1/2" 14' - 0" 25' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"25' - 0" 320' - 0" 30' - 0" 25' - 0" 15' - 0" 30' - 0" 30' - 0" 30' - 0" 26' - 0" 29' - 0" 215' - 0" 305' - 0"20' - 0" 8' - 0" 2' - 0" 12' - 0" 43' - 0" 37' - 0" 40' - 0" 40' - 0" 5' - 0"5' - 0" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:39 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:39 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A4.203 APT-RETAIL BUILDING A - BUILDING PLAN - LEVEL 3 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A4.203 1 APT-RETAIL BLDG A - LEVEL 3 LEVEL 1 - AREAS NAME GSF NET RENTABLE SF APT 26,818 20,165 0'10'25'50'75'100' 266 P O N M L K J I H G F 9 8 7 6.5 5.5 4.5 3.5 Q 2.6 1.6 745 SF 1 BR892 SF 1 BR 1011 SF 2 BR 607 SF STUDIO 859 SF 1 BR 1011 SF 2 BR 892 SF 1 BR 892 SF 1 BR 607 SF STUDIO 892 SF 1 BR 808 SF 1 BR 1022 SF 1 BR 903 SF 1 BR MEP 1394 SF 2 BR 607 SF STUDIO 607 SF STUDIO 633 SF STUDIO 832 SF 1 BR 956 SF 1 BR 1130 SF 2 BR 916 SF 1 BR 892 SF 1 BR 1256 SF 2 BR CORRIDOR A4.3014 A4.301 3 A4.301 1 A4.301 2 305' - 0" 94' - 0"80' - 0" 25' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"25' - 0" 320' - 0" 30' - 0" 25' - 0" 15' - 0" 30' - 0" 30' - 0" 30' - 0" 26' - 0" 29' - 0" 215' - 0" 28' - 0"26' - 0"26' - 0"18' - 0"20' - 0" 40' - 0" 40' - 0" 44' - 0"18' - 0"18' - 0"14' - 0"8' - 0"26' - 0"26' - 8"32' - 4" 2' - 0" 12' - 0" 43' - 0" 37' - 0" 28' - 0"26' - 0"26' - 0"18' - 0"24' - 0"28' - 0"29' - 7 1/2"28' - 4 1/2"32' - 1"31' - 11"33' - 0" 305' - 0" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:40 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:40 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A4.204 APT-RETAIL BUILDING A - BUILDING PLAN - LEVELS 4 & 5 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A4.204 1 APT-RETAIL BLDG A - LEVELS 4 & 5 LEVEL 1 - AREAS NAME GSF NET RENTABLE SF APT 26,818 20,165 0'10'25'50'75'100' 267 P O N M L K J I H G F 9 8 7 6.5 5.5 4.5 3.5 Q 2.6 1.6 A4.3014A4.301 3 A4.301 1 A4.301 2 305' - 0" 80' - 0" 80' - 0" ELEVATOR OVERRUN STAIR TO ROOF RTU MECH SCREEN, TYP RTU MECH 25' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"25' - 0" 320' - 0" 30' - 0" 25' - 0" 15' - 0" 30' - 0" 30' - 0" 30' - 0" 26' - 0" 29' - 0" 215' - 0" 118' - 0"94' - 0"93' - 0" 122' - 0"86' - 0"97' - 0" 14' - 0" 14' - 0" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:40 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:40 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A4.206 APT-RETAIL BUILDING A - BUILDING PLAN - ROOF LEVEL GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A4.206 1 APT-RETAIL BLDG A - ROOF LEVEL 0'10'25'50'75'100' 268 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 3:24:48 PM C:\Users\Mpayne\Documents\14148_Oaks-Residential_mpayne.rvt 11 / 1 3 / 2 0 1 5 3 : 2 4 : 4 8 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A4.301 APT-RETAIL BUILDING A - BUILDING ELEVATIONS GENERAL PLAN AMENDMENT APP APT-RETAIL BUILDING A - SOUTH ELEVATION (RETAIL BLVD) SCALE: 1/16" = 1' APT-RETAIL BUILDING A - NORTH ELEVATION (MARY AVE) SCALE: 1/16" = 1' APT-RETAIL BUILDING A - WEST ELEVATION SCALE: 1/16" = 1' APT-RETAIL BUILDING A - EAST ELEVATION A SCALE: 1/16" = 1' 15 ' - 0 " 0'10'25'50'75'100' GROUND LEVEL FF 294.5' = 0' - 0" LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" ROOF 55' - 0" 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " GROUND LEVEL FF 295.5' = 0' - 0" LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" ROOF 55' - 0" 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 59 ' - 6 " 59 ' - 6 " GROUND LEVEL FF 296.5' = 0' - 0" LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" ROOF 55' - 0" 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 59 ' - 6 " GROUND LEVEL FF 295.5' = 0' - 0" LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" ROOF 55' - 0" 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 59 ' - 6 " GENERAL NOTES - ELEVATIONS SEE SHEET G.007 FOR MATERIALS & COLORS1. KEYNOTES - ELEVATIONS 1 METAL PANEL FINISH 2 HORIZONTAL TONGUE AND GROOVE WOOD SIDING - SEE G.007 FOR COLORS 3 GRAY STUCCO FINISH 4 THIN BRICK VENEER - BLACK 5 THIN BRICK VENEER - GRAY 6 ALUMINUM STOREFRONT SYSTEM - GRAY 7 SECTIONAL STOREFRONT DOOR SYSTEM @ RETAIL - GRAY 8 WOOD STOREFRONT SYSTEM 9 STOREFRONT SYSTEM WITH CONCEALED MULLIONS 10ALUMINUM GARAGE DOOR - GRAY 11STEEL ENTRY CANOPY 12ALUMINUM WINDOW SYSTEM 13STEEL FRAME BALCONY W/ STEEL AND CABLE WIRE GUARDRAIL 14STEEL FRAME BALCONY W/ STEEL AND GLASS GUARDRAIL 15ACCENT COLOR @ METAL PANELS 16ELEVATOR OVERRUN @ ROOF 2 2 2 2 14 14 1314 4 4 7 6 7 2 9 6 A4.301 1 A4.301 2 A4.301 3 A4.301 4 13 1314 12 12 12 12 1 3 13 1 2 15 5 5 CURB @ 294.2' CURB @ 296.2' CURB @ 294.7' CURB @ 293.9' CURB @ 294.7'CURB @ 294.2' CURB @ 296.2'CURB @ 293.9' 269 W/D REFDW RE F DW W/ D RE F DW W/D RE F DW W/D RE F DW LIVING ROOM KITCHEN / DINING CLOSET CLOSET BIKE RACK BATHROOM BEDROOM BEDROOM CLOSET BATHROOM KITCHEN / DINING LIVING ROOM BI K E RA C K CLOSET CLOSET BATHROOM BEDROOM LIVING ROOM KITCHEN / DINING BEDROOM CL O S E T BATHROOM BATHROOM BEDROOM LIVINGROOM KITCHEN DINING CLOSET REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:41 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:41 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A4.501 APT-RETAIL BUILDING A - UNIT PLANS GENERAL PLAN AMENDMENT APP 1/4" = 1'-0"A4.501 2 UNIT - 1 BR 892 SF 1/4" = 1'-0"A4.501 1 UNIT - 1 BR FLAT 574 SF 1/4" = 1'-0"A4.501 4 UNIT - 2 BR 1129 SF 1/4" = 1'-0"A4.501 3 UNIT - STUDIO 606 SF GENERAL NOTES - UNIT PLANS UNIT PLANS SHOWN ARE TYPICAL UNIT PLANS THROUGHOUT APARTMENT BUILDINGS 1. 270 P 13 O N M L K J I H G F 12 10 9.5 9 8 Q 11 1825 SF RETAIL 1967 SF RETAIL 959 SF RETAIL 1391 SF RETAIL 783 SF LOBBY MAIL STORAGE 130 SF OFFICE 142 SF OFFICE 1856 SF RETAIL 1663 SF RETAIL 1853 SF RETAIL 966 SF RETAIL 1112 SF RETAIL MEP STAIR - PARKING PS 618 SF LOBBY 904 SF RETAIL A5.201 A5.201 A5.201 A5.201 1 2 4 3 25' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 66' - 0" STEVENS CREEK BLVD 30' - 0" 30' - 0" 49' - 0"143' - 0" 299' - 0" 60' - 0"36' - 0" 96' - 0"11' - 0" 11' - 0" 192' - 0" 66' - 0" 295' - 0" 15' - 0" 15' - 0" 30' - 0" 15' - 0" 135' - 0" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:42 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:42 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A5.201 APT-RETAIL BUILDING B - BUILDING PLAN - LEVEL 1 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A5.201 1 APT - RETAIL BLDG B - LEVEL 1 LEVEL 1 - AREAS NAME GSF NET RENTABLE SF RETAIL APT 14,493 2,925 14,493 0'10'25'50'75'100' 271 P 13 O N M L K J I H G F 12 10 9.5 9 8 Q 11 1010 SF 2 BR 892 SF 1 BR 607 SF STUDIO 601 SF STUDIO 775 SF 1 BR 607 SF STUDIO 892 SF 1 BR 892 SF 1 BR 1131 SF 2 BR 1010 SF 2 BR 749 SF 1 BR 755 SF STUDIO 644 SF STUDIO 808 SF 1 BR 607 SF STUDIO 892 SF 1 BR 745 SF 1 BR 635 SF 1 BR 565 SF STUDIO MEP 843 SF 1 BR 763 SF 1 BR 892 SF 1 BR 966 SF 1 BR 892 SF 1 BR 1154 SF 2 BR CORRIDOR A5.201 A5.201 A5.201 A5.201 1 2 4 3 80' - 0" 27' - 11 1/2"22' - 0"26' - 6"15' - 6 1/2" 5' - 11 1/2" 26' - 0"28' - 4 1/2"26' - 0"23' - 6 1/2"18' - 0"26' - 0"26' - 0"33' - 0 1/2" 19' - 11 1/2"18' - 0"26' - 0"26' - 0"32' - 7 1/2"35' - 11 1/2"26' - 0"32' - 0 1/2"27' - 6 1/2"26' - 0"18' - 0"16' - 0 1/2" 3' - 0" 37' - 0" 40' - 0" 30' - 9" 5' - 9" 10' - 0" 25' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 295' - 0" 305' - 0" 5' - 0" 5' - 0" 80' - 0" 3' - 0" 34' - 0" 23' - 0" 18' - 0" 2' - 0" 2' - 0" 12' - 0" 2' - 0" 12' - 0" 94' - 0" 94' - 0" 30' - 0" 30' - 0" 15' - 0" 15' - 0" 30' - 0" 15' - 0" 135' - 0" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:42 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:42 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A5.202 APT-RETAIL BUILDING B - BUILDING PLAN - LEVEL 2 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A5.202 1 APT - RETAIL BLDG B - LEVEL 2 LEVEL 2 - AREAS NAME GSF NET RENTABLE SF APT 25,640 20,290 0'10'25'50'75'100' 272 P 13 O N M L K J I H G F 12 10 9.5 9 8 Q 11 1010 SF 2 BR 892 SF 1 BR 607 SF STUDIO 601 SF STUDIO 775 SF 1 BR 607 SF STUDIO 892 SF 1 BR 892 SF 1 BR 1131 SF 2 BR 565 SF STUDIO 635 SF 1 BR 745 SF 1 BR 892 SF 1 BR 607 SF STUDIO 808 SF 1 BR 644 SF STUDIO 755 SF STUDIO 749 SF 1 BR 1010 SF 2 BR 843 SF 1 BR 763 SF 1 BR 892 SF 1 BR 1154 SF 2 BR 892 SF 1 BR 966 SF 1 BR MEP A5.201 A5.201 A5.201 A5.201 1 2 4 3 80' - 0" 27' - 6 1/2"26' - 0"18' - 0"16' - 0 1/2" 40' - 0" 40' - 0" 27' - 11 1/2"22' - 0"26' - 6"15' - 6 1/2"26' - 0"28' - 4 1/2"26' - 0" 35' - 11 1/2"26' - 0"32' - 0 1/2" 13' - 11" 32' - 0" 19' - 11 1/2"18' - 0"26' - 0"26' - 0"32' - 7 1/2" 3' - 0" 34' - 0" 23' - 0" 18' - 0" 2' - 0" 23' - 6 1/2"18' - 0"26' - 0"26' - 0"32' - 7 1/2" 36' - 5 1/2" 80' - 0" 25' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 295' - 0" 2' - 0" 12' - 0" 94' - 0" 5' - 11 1/2" 5' - 0"5' - 0" 305' - 0" 305' - 0" 30' - 0" 30' - 0" 15' - 0" 15' - 0" 30' - 0" 15' - 0" 135' - 0" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:43 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:43 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A5.203 APT-RETAIL BUILDING B - BUILDING PLAN - LEVELS 3-5 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A5.203 1 APT - RETAIL BLDG B - LEVELS 3-5 LEVEL 3-5 - AREAS NAME GSF NET RENTABLE SF APT 25,640 20,290 0'10'25'50'75'100' 273 P 13 O N M L K J I H G F 12 10 9.5 9 8 Q 11 A5.201 A5.201 A5.201 A5.201 1 2 4 3 80' - 0" ELEVATOR OVERRUN STAIR TO ROOF RTU MECH SCREEN, TYP RTU MECH 25' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 295' - 0" 30' - 0" 30' - 0" 15' - 0" 15' - 0" 30' - 0" 15' - 0" 135' - 0" 92' - 0" 88' - 0"94' - 0" 86' - 0"127' - 0" 123' - 0" 80' - 0" 14' - 0" 14' - 0" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:43 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:43 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A5.206 APT-RETAIL BUILDING B - BUILDING PLAN - ROOF LEVEL GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A5.206 1 APT - RETAIL BLDG B - ROOF LEVEL 0'10'25'50'75'100' 274 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 3:24:48 PM C:\Users\Mpayne\Documents\14148_Oaks-Residential_mpayne.rvt 11 / 1 3 / 2 0 1 5 3 : 2 4 : 4 8 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A5.301 APT-RETAIL BUILDING B - BUILDING ELEVATIONS GENERAL PLAN AMENDMENT APP APT-RETAIL BUILDING B - SOUTH ELEVATION SCALE: 1/16" = 1' APT-RETAIL BUILDING B - NORTH ELEVATION SCALE: 1/16" = 1' APT-RETAIL BUILDING B - WEST ELEVATION SCALE: 1/16" = 1' APT-RETAIL BUILDING B - EAST ELEVATION SCALE: 1/16" = 1' GROUND LEVEL FF 297.5' = 0' - 0" LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" ROOF 55' - 0" GROUND LEVEL FF 295.5' = 0' - 0" LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" ROOF 55' - 0" GROUND LEVEL FF 297.5' = 0' - 0" LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" ROOF 55' - 0" GROUND LEVEL FF 295.5' = 0' - 0" LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" ROOF 55' - 0" 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 59 ' - 6 " 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 59 ' - 6 " 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 59 ' - 6 " 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 59 ' - 6 " 0'10'25'50'75'100' 13 A5.301 2 A5.301 1 A5.301 3 A5.301 4 2 2 2 2 7 7 12 9 1413 14 1216 16 16 16 10 10 12 8 8 9 128 1314 6 11 11 12 GENERAL NOTES - ELEVATIONS SEE SHEET G.007 FOR MATERIALS & COLORS1. KEYNOTES - ELEVATIONS 1 METAL PANEL FINISH 2 HORIZONTAL TONGUE AND GROOVE WOOD SIDING - SEE G.007 FOR COLORS 3 GRAY STUCCO FINISH 4 THIN BRICK VENEER - BLACK 5 THIN BRICK VENEER - GRAY 6 ALUMINUM STOREFRONT SYSTEM - GRAY 7 SECTIONAL STOREFRONT DOOR SYSTEM @ RETAIL - GRAY 8 WOOD STOREFRONT SYSTEM 9 STOREFRONT SYSTEM WITH CONCEALED MULLIONS 10ALUMINUM GARAGE DOOR - GRAY 11STEEL ENTRY CANOPY 12ALUMINUM WINDOW SYSTEM 13STEEL FRAME BALCONY W/ STEEL AND CABLE WIRE GUARDRAIL 14STEEL FRAME BALCONY W/ STEEL AND GLASS GUARDRAIL 15ACCENT COLOR @ METAL PANELS 16ELEVATOR OVERRUN @ ROOF 3 1 1 13 1 CURB @ 296.8' CURB @ 294.4' CURB @ 301.2' CURB @ 296.8' 275 13 F 12 10 9.5 9 8 7 6.5 5.5 E 11 D C B A 1474 SF RETAIL 1196 SF RETAIL PASSAGEWAY 132 SF OFFICE 141 SF OFFICE 1488 SF LOBBY 673 SF AMENITY 536 SF BOH PASSAGEWAY 2400 SF RETAIL 1683 SF RETAIL 1322 SF RETAIL 1330 SF RETAIL 1149 SF RETAIL MAIL A6.301 4 A6.3013 A 6 .3 0 1 2 A6.301 1 1044 SF RETAIL 180' - 7" 12' - 0" 8' - 0" 27' - 1 1/2" 21' - 0" 7' - 0" 31' - 5 1/2" 2 6 ' - 1 1 " 7 ' - 0 " 4 6 ' - 8 1 / 2 " 10' - 6 1/2" MA R Y A V E STEVENNS CREEK BLVD 117' - 6 1/2" 8 0 ' - 7 1 / 2 " 32' - 4" 44' - 8" 5' - 4" 24' - 8" 27' - 7" 46' - 0" 28' - 10" 5 7 ' - 3 " 15' - 0" 30' - 0" 30' - 0" 15' - 0" 15' - 0" 30' - 0" 25' - 0" 15' - 0" 30' - 0" 205' - 0" 1' - 6"22' - 6"77' - 6"2' - 6" 104' - 0" 25' - 0"25' - 0"25' - 0"25' - 0" 100' - 0" PR O P E R T Y L I N E REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:45 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:45 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A6.201 APT-RETAIL BUILDING C - BUILDING PLAN - LEVEL 1 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A6.201 1 APT - RETAIL BLDG C - LEVEL 1 LEVEL 1 - AREA CALCS NAME GSF NET RENTABLE SF RETAIL APT 11,577 3,822 11,577 0'10'25'50'75'100' 276 13 F 12 10 9.5 9 8 7 6.5 5.5 E 11 D C B A 980 SF 2 BR 664 SF 1 BR 607 SF STUDIO 607 SF STUDIO 601 SF STUDIO MEP 551 SF STUDIO 607 SF STUDIO 607 SF STUDIO 607 SF STUDIO 688 SF 1 BR 985 SF 2 BR 985 SF 2 BR 588 SF STUDIO 607 SF STUDIO 645 SF 1 BR 608 SF STUDIO 714 SF 1 BR 569 SF STUDIO 80' - 0" 175' - 7 1/2" 8 0 ' - 0 " 8 0 ' - 6 " 118' - 6 1/2" 26' - 9 1/2" 18' - 0" 18' - 0" 18' - 0" 27' - 2 1/2" 40' - 0"40' - 0" 26' - 4 1/2" 24' - 11" 18' - 0" 36' - 0" 12' - 10" 8 ' - 5 1 / 2 " 2 5 ' - 2 1 / 2 " 1 8 ' - 0 " 2 8 ' - 4 1 / 2 " 2 5 ' - 6 " 3 0 ' - 0 " 2 4 ' - 6 " 1 5 ' - 6 " 1 8 ' - 0 " 3 6 ' - 6 " 5' - 10" 10' - 0" CO R R I D O R A6.301 4 A6.3013 A 6 .3 0 1 2 A6.301 1 15' - 0" 30' - 0" 30' - 0" 15' - 0" 15' - 0" 30' - 0" 25' - 0" 15' - 0" 30' - 0" 205' - 0" 25' - 0"25' - 0"25' - 0"25' - 0" 100' - 0" 7 0 ' - 0 " 108' - 0" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:45 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:45 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A6.202 APT-RETAIL BUILDING C - BUILDING PLAN - LEVEL 2 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A6.202 1 APT - RETAIL BLDG C - LEVEL 2 LEVEL 2 - AREA CALCS NAME GSF NET RENTABLE SF APT 15,988 12,270 0'10'25'50'75'100' 277 13 F 12 10 9.5 9 8 7 6.5 5.5 E 11 D C B A 980 SF 2 BR 608 SF STUDIO 664 SF 1 BR 607 SF STUDIO 714 SF 1 BR 551 SF STUDIO 607 SF STUDIO 607 SF STUDIO 607 SF STUDIO 688 SF 1 BR 985 SF 2 BR 985 SF 2 BR 588 SF STUDIO 607 SF STUDIO 569 SF STUDIO 645 SF 1 BR 601 SF STUDIO 607 SF STUDIO MEP A6.301 CO R R I D O R A6.301 4 A6.3013 A 6 .3 0 1 2 A6.301 1 15' - 0" 30' - 0" 30' - 0" 15' - 0" 15' - 0" 30' - 0" 25' - 0" 15' - 0" 30' - 0" 205' - 0" 25' - 0"25' - 0"25' - 0"25' - 0" 100' - 0" 1 5 ' - 6 " 1 8 ' - 0 " 3 6 ' - 6 " 7 0 ' - 0 " 80' - 0" 8 0 ' - 0 " 118' - 6 1/2" 26' - 9 1/2" 18' - 0" 18' - 0" 18' - 0" 27' - 2 1/2" 40' - 0"40' - 0" 26' - 4 1/2" 24' - 11" 18' - 0" 36' - 0" 12' - 10" 8 ' - 6 1 / 2 " 2 5 ' - 2 1 / 2 " 1 8 ' - 0 " 2 8 ' - 4 1 / 2 " 2 5 ' - 6 " 3 0 ' - 0 " 2 4 ' - 6 " 108' - 0" 8 0 ' - 6 1 / 2 " REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:46 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:46 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A6.203 APT-RETAIL BUILDING C - BUILDING PLAN - LEVEL 3 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A6.203 1 APT - RETAIL BLDG C - LEVEL 3 0'10'25'50'75'100' LEVEL 2 - AREA CALCS NAME GSF NET RENTABLE SF APT 15,988 12,270 278 13 F 12 10 9.5 9 8 7 6.5 5.5 E 11 D C B A MEP 1254 SF 2 BR 1105 SF 2 BR 607 SF STUDIO 714 SF 1 BR 551 SF STUDIO 607 SF STUDIO 607 SF STUDIO 607 SF STUDIO 688 SF 1 BR 985 SF 2 BR 985 SF 2 BR 588 SF STUDIO 607 SF STUDIO 569 SF STUDIO 645 SF 1 BR 601 SF STUDIO 607 SF STUDIO A6.301 4 A6.3013 A 6 .3 0 1 2 A6.301 1 80' - 0" 8 0 ' - 0 " 118' - 6 1/2" 26' - 9 1/2" 18' - 0" 18' - 0" 18' - 0" 27' - 2 1/2" 40' - 0"40' - 0" 26' - 4 1/2" 24' - 11" 18' - 0" 36' - 0" 12' - 10" 108' - 0" 15' - 0" 30' - 0" 30' - 0" 15' - 0" 15' - 0" 30' - 0" 25' - 0" 15' - 0" 30' - 0" 205' - 0" 25' - 0"25' - 0"25' - 0"25' - 0" 100' - 0" 8 ' - 6 1 / 2 " 2 5 ' - 2 1 / 2 " 1 8 ' - 0 " 2 8 ' - 4 1 / 2 " 8 0 ' - 6 1 / 2 " REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:46 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:46 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A6.204 APT-RETAIL BUILDING C - BUILDING PLAN - LEVELS 4 & 5 GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A6.204 1 APT - RETAIL BLDG C - LEVELS 4 & 5 0'10'25'50'75'100' LEVEL 2 - AREA CALCS NAME GSF NET RENTABLE SF APT 15,988 12,270 279 13 F 12 10 9.5 9 8 7 6.5 5.5 E 11 D C B A 80' - 0" 108' - 0" 7 0 ' - 0 " 8 0 ' - 0 " 8 0 ' - 6 1 / 2 " 118' - 6 1/2" ELEVATOR OVERRUN STAIR TO ROOF RTU MECH SCREEN, TYP RTU MECH A6.301 4 A6.3013 A 6 .3 0 1 2 A6.301 1 15' - 0" 30' - 0" 30' - 0" 15' - 0" 15' - 0" 30' - 0" 25' - 0" 15' - 0" 30' - 0" 205' - 0" 25' - 0"25' - 0"25' - 0"25' - 0" 100' - 0" REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 11:29:46 AM C:\Users\mpak\Documents\14148_Oaks-Residential_mpak.rvt 11/13/2015 11:29:46 AM THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A6.206 APT-RETAIL BUILDING C - BUILDING PLAN - ROOF LEVEL GENERAL PLAN AMENDMENT APP 1/16" = 1'-0"A6.206 1 APT - RETAIL BLDG C - ROOF LEVEL 0'10'25'50'75'100' 280 REPRODUCTION OF THIS DRAWING IS EXPRESSLY FORBIDDEN WITHOUT THE SPECIFIC WRITTEN PERMISSION OF C2K ARCHITECTURE INC. THIS DRAWING IS ONLY CONDITIONALLY ISSUED, AND NEITHER RECEIPT OR POSSESSION THEREOF CONFERS OR TRANSFERS ANY RIGHT TO, OR LICENSE TO, USE THE SUBJECT MATTER OF THIS DRAWING OR ANY TECHNICAL INFORMATION SHOWN THEREON, NOR ANY RIGHT TO REPRODUCE THIS DRAWING OR PART THEREOF, WITHOUT THE WRITTEN AUTHORIZATION OF C2K ARCHITECTURE LLC. SHEET TITLE: SHEET NO.: PROJECT NO.: DRAWN: DATE: DATE:DESCRIPTION: P R E L I M I N A R Y , N O T F O R C O N S T R U C T I O N MARK: REVISIONS ARCHITECTURE inc 1645 NW HOYT ST PORTLAND OREGON 97209 503 444 2200 11/13/2015 3:24:49 PM C:\Users\Mpayne\Documents\14148_Oaks-Residential_mpayne.rvt 11 / 1 3 / 2 0 1 5 3 : 2 4 : 4 9 P M THE OAKS 21267 STEVENS CREEK BLVD, CUPERTINO, CA KT URBAN 14148 Author 16 NOVEMBER 2015 GENERAL PLAN AMENDMENT APP A6.301 APT-RETAIL BUILDING C - BUILDING ELEVATIONS GENERAL PLAN AMENDMENT APP APT-RETAIL BUILDING C - SOUTH ELEVATION SCALE: 1/16" = 1' APT-RETAIL BUILDING C - NORTH ELEVATION SCALE: 1/16" = 1' APT-RETAIL BUILDING C - EAST ELEVATION SCALE: 1/16" = 1' APT-RETAIL BUILDING C - WEST ELEVATION SCALE: 1/16" = 1' GROUND LEVEL FF 294.5' = 0' - 0" LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" ROOF 55' - 0" 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 59 ' - 6 " 0'10'25'50'75'100' GENERAL NOTES - ELEVATIONS SEE SHEET G.007 FOR MATERIALS & COLORS1. KEYNOTES - ELEVATIONS 1 METAL PANEL FINISH 2 HORIZONTAL TONGUE AND GROOVE WOOD SIDING - SEE G.007 FOR COLORS 3 GRAY STUCCO FINISH 4 THIN BRICK VENEER - BLACK 5 THIN BRICK VENEER - GRAY 6 ALUMINUM STOREFRONT SYSTEM - GRAY 7 SECTIONAL STOREFRONT DOOR SYSTEM @ RETAIL - GRAY 8 WOOD STOREFRONT SYSTEM 9 STOREFRONT SYSTEM WITH CONCEALED MULLIONS 10ALUMINUM GARAGE DOOR - GRAY 11STEEL ENTRY CANOPY 12ALUMINUM WINDOW SYSTEM 13STEEL FRAME BALCONY W/ STEEL AND CABLE WIRE GUARDRAIL 14STEEL FRAME BALCONY W/ STEEL AND GLASS GUARDRAIL 15ACCENT COLOR @ METAL PANELS 16ELEVATOR OVERRUN @ ROOF 212 9 14 11 GROUND LEVEL FF 294.5' = 0' - 0" LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" ROOF 55' - 0" 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 59 ' - 6 " GROUND LEVEL FF 293.5' = 0' - 0" LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" ROOF 55' - 0" 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 59 ' - 6 " GROUND LEVEL FF 294.5' = 0' - 0" LEVEL 2 15' - 0" LEVEL 3 25' - 0" LEVEL 4 35' - 0" LEVEL 5 45' - 0" ROOF 55' - 0" 15 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 59 ' - 6 " 7 11 9 2121413 12142 7 1312 2 7 A6.301 1 A6.301 2 A6.301 3 A6.301 4 8 8 9 811 11 13 1 1 3 3 3 16 16 1616 14 1 CURB @ 293.5' CURB @ 292.4' CURB @ 295.9' CURB @ 290.0' 281 Fiscal Impact Analysis Stevens Creek Development Prepared for: KT Urban, LLC Prepared by: Applied Development Economics, Inc. 255 Ygnacio Valley Road, #200, Walnut Creek, CA 94596  925.934.8712 99 Pacific Street, #200 J, Monterey, CA 93940  831.324.4896 www.adeusa.com July 8, 2015 282 Applied Development Economics, Inc. TTAABBLLEE OOFF CCOONNTTEENNTTSS Fiscal Impact Analysis ................................................................................................. 1 Revenue-Estimating Methodology ........................................................................................... 5 Fiscal Impact Results ...........................................................................................................11 Technical Appendices ...........................................................................................................11 Appendix A: Fiscal Impact Summary .......................................................................... 12 Appendix B: General Assumptions .............................................................................. 16 Appendix C: Revenue-Estimating ProcedurE ................................................................ 20 Appendix D: Expenditure-Estimating Procedure ............................................................ 29 Appendix E: Supporting Revenue Estimates ................................................................. 32 283 Applied Development Economics | Page 1 FFIISSCCAALL IIMMPPAACCTT AANNAALLYYSSIISS INTRODUCTION This fiscal impact analysis (“Analysis”) examines the Project’s estimated fiscal impact on the City’s annual General Fund budget. Specifically, the Analysis estimates whether projected revenues from the Project will adequately cover the costs of delivering citywide services (e.g., police protection and parks and recreation, etc.) to the Project’s residents and employees. The Analysis is based on the assumption that these services will be provided by the City. The results estimate the annual fiscal impact assuming build out of the Project. ADE has prepared this Analysis on behalf of the Property Owner without a dialogue with City staff regarding the City’s budget. As described herein, certain expenditure calculations could be refined if the City is engaged in the discussion. PROJECT OVERVIEW The Project is located in the South Bay region of the San Francisco Bay Area. It is located in the northwest area of Santa Clara County, south of the City of Sunnyvale and west of the City of San Jose. The Project site is located south of the existing Interstate 280 near the intersection of I-85 and Stevens Creek Blvd. The Project proposes 208 residential units of high-density/mixed-use multi-family apartment rental product types with ground floor retail of 40,000 SF. The Project’s nonresidential development includes approximately 198,000 SF of office, 40,000 SF of retail, 104,000 SF of hotel, and 17,000 SF of hotel community center space. The Project also proposes approximately 1,215 two-level below grade parking spaces, and 65 surface parking spaces. The Analysis does not include revenue or costs generated from parking of the new development. Appendix B-3 summarizes the Project’s land use at build out. OVERVIEW OF RESULTS The preliminary Analysis yielded the following results: 1. At build out, annual revenues are estimated to exceed annual expenditures. The Analysis estimates the Project will result in an annual net fiscal surplus of approximately $1,104,000 for the City’s General Fund at build out. 2. Transient Occupancy Taxes comprise the largest General Fund revenue sources, followed by Property Tax and Sales Tax. The Project’s transient occupancy taxes, sales tax, and property tax consist of a total of approximately 77.65 percent of potential General Fund revenues at Project build out. 3. Public Works drives the greatest estimated costs at 31.25 percent, with non- departmental transfer’s expenditure at 26.74 percent, Recreation and Community Services at 11.15 percent, and Police Services comprising of 10.43 percent of the new General Fund expenditures at build out. This finding is consistent with the City’s current operating budget, under which the Public Works accounts for 29 percent and non- 284 Page 2 | Applied Development Economics departmental and transfer categories at 32 percent, representing the majority of existing General Fund expenditures in the Final Adopted Operating Budget for FY 2014/2015. 4. Inclusion of a hotel in the Project development increases the transient occupancy tax revenues. Hotel and Motel Taxes, or transient occupancy tax (TOT) revenues comprise of approximately 51.2 percent of total annual revenue and is the largest revenue source behind sales tax at 14.64 percent and property tax at 11.82 percent. The TOT revenue contributes to a large portion of the Project revenue at build out. 5. The City’s current budget accounts for recent one-time Apple Campus 2 development revenue and capital improvement projects. Recent expenditure projects may result in higher annual expenditure estimates compared to the previous years and proposed budget in FY 2015-2016. Current annual expenditures are higher than presently estimated using the per persons served budget due to one-time CIP expenditures. Project costs at build out are adjusted to reflect exclusion of the one-time offsetting expenditures. 6. New office development at build out generates $200,837 of total net fiscal revenue. The office uses account for approximately 18 percent of total annual fiscal impact at build out, as the second largest revenue source after hotel development, which accounts for the majority of the tax revenue on the new development. Total retail net impact is estimated at 9 percent of total Project revenue at build out. STEVENS CREEK MIXED-USE DEVELOPMENT FISCAL IMPACT AT BUILD OUT Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; KT Urban, ADE, Inc. 285 Applied Development Economics | Page 3 ORGANIZATION OF ANALYSIS The data, assumptions, and detailed calculations underlying the Analysis are provided in the tables and graphs contained in the appendices following this text.  Appendix A contains the fiscal impact summary for each land use at build out, the City of Cupertino’s final adopted budget for fiscal year 2014-2015, and the adjusted budget that excludes one time capital improvement expenditures and departmental director’s salaries.  Appendix B contains the land use plan and detailed valuation assumptions, including population and employment factors land use assumptions.  Appendix C contains detailed revenue estimates and revenue-estimating assumptions.  Appendix D contains detailed expenditure estimates and expenditure-estimating procedures.  Appendix E contains property tax allocation assumptions and estimated project assessed valuation assumptions. METHODOLOGY AND ASSUMPTIONS This section details the underlying methodology and assumptions used to estimate the fiscal impact of the Project on the City. It describes assumptions concerning municipal service delivery, land development, and General Fund budgeting. In addition, it details the methodology used to forecast the Project’s General Fund revenues and expenditures at build out. The Analysis examines the Project’s ability to generate adequate revenues to cover the City’s costs of providing public services to the Project. The services analyzed in this Analysis include General Fund services (e.g., police, recreation and community services, and general government). The Analysis excludes any services that may be funded privately and services funded by user rates or other enterprise funds. In addition, this Analysis also does not include an evaluation of capital facilities, capital improvement costs, or funding of capital facilities needed to serve new development. GENERAL ASSUMPTIONS The Analysis is based on the City of Cupertino’s Fiscal Year (FY) 2014-2015 adopted operating budget, tax regulations, statutes, and other supplemental information from the City. Each revenue item is estimated based on current State legislation and current City practices. Future changes by either State legislation or County and City practices can affect the revenues and expenditures estimated in this Analysis. The City’s operating budget cost categories are shown in Appendix A-3. ADE adjusted the cost categories and allocated the cost by department, based on expenditure stated in each department costs, as shown in Appendix A-4. For the expenditure items, all onetime costs and salaries are adjusted, and all costs and revenues are shown in constant 2015 dollars. General fiscal and demographic assumptions are detailed in Appendix B-1. 286 Page 4 | Applied Development Economics The Analysis also uses information from the Property Owner, as well as historical data and projected demographic data from the California Department of Finance (DOF), U.S. Census, U.S. Bureau of Labor Statistics, and the City of Cupertino. This Analysis also uses other critical assumptions that affect the Project’s value at build out including: residential home values, average rent and unit square feet, densities, product types, persons-per- household, and vacancy rates in the City’s current real estate market, as shown in Appendix E-1. The results of this Analysis will vary if the development plans or other assumptions change from those included with this Analysis. GENERAL FUND REVENUE- AND EXPENDITURE-ESTIMATING ASSUMPTIONS This Analysis considers only discretionary General Fund revenues that will be generated by the Project. Offsetting revenues, which are General Fund revenues dedicated to offset the costs of specific General Fund department functions, are excluded from this Analysis. Departmental costs that are funded by offsetting revenues that are not affected by development are also excluded from this Analysis. Appendix C-1 and C-3 shows the revenue-estimating procedures on a per person served and case study bases and includes the offsetting revenues from the Analysis as shown in Appendix A-4. Appendix D-1 and D-2 shows the expenditure-estimating procedures on a per person served and case study basis, and also includes the offsetting revenues. DEVELOPMENT AND ANALYTICAL ASSUMPTIONS The results of this Analysis are based on the following assumptions. Below is a brief summary of the land use and other development-related assumptions:  Land Use — This Analysis uses the 2015 Stevens Creek Site Mixed-Use Development Land Use Master Plan, and updated land use summary by the Property Owner from email correspondence dated April 28th, April 30th, and May 6th, detailed in Appendix B-2. The Analysis examines the fiscal impacts of the Project at build out, and the summary tables are detailed in Appendix A-1 and A-2.  Residential Population Estimates — Population projections are calculated using average persons-per-household factors and vacancy rates based on the Co-Star Portfolio Strategy’s 2014 Q4 market data. The Analysis uses a factor of 2.9 persons-per-household for high- density multi-family units, at vacancy rates of 3.6 percent, as shown in Appendix B-3.  Employee Estimates — Employee estimates are calculated using average square feet-per- employee and vacancy rates based on existing real estate market data. The Analysis uses 300 SF per employee for General Office, 550 SF per employee for Ground floor Retail and Hotel, and 1,100 SF per employee for the Hotel community space. A vacancy rate of 3.6 percent is assumed for commercial and 3.5 percent for retail spaces based on Co-Star Portfolio Strategy’s 2014 Q4 market data, as shown in Appendix E-1. 287 Applied Development Economics | Page 5  Residential and Nonresidential Assessed Value — The estimated assessed valuation per square feet of residential and nonresidential development is based on information provided by the Property Owner and comparable market data. Estimated build out assessed values for the total Project are calculated in Appendix E-1.  Property Turnover Rates — The Analysis assumes a for-sale residential unit would turn over once every 7 years and nonresidential properties would turn over once every 15 years. The calculation is not evaluated in the analysis.  Persons-Served Methodology — In estimating service demands of the Project and the City, ADE uses a factor of 0.5 resident-equivalents per employee to approximate the service demands of an employee in the Project’s nonresidential land uses compared to a Project resident. The total Persons Served is calculated as the sum of the total population plus half of the total employees in the City.  Per Capita Methodology — The estimates for revenues and expenditures assume that only residents have a fiscal impact on City’s revenue, including general fund categories such as non-departmental and transfer. For this analysis, ADE uses per persons served and not per capita to estimate the service cost for the general population.  Income and Retail Expenditure of Households — The average household income of each residential land use category in the Project, including both apartment rental scenario and for- sale scenario, were estimated to forecast household retail expenditures. The Analysis only accounts for the rental scenario per request from the Property Owner. Estimated household incomes reflect typical income levels that would be expected for households to purchase or rent these homes under typical mortgage underwriting and affordability guidelines, as described in Appendix E-2. REVENUE-ESTIMATING METHODOLOGY ADE used either a case-study approach or a per person served approach to estimate Project-related General Fund revenues. The case-study approach simulates actual revenue generation resulting from new development. The case-study approach for estimating sales and use tax revenues, for instance, forecasts market demand and taxable spending from the Project’s new residents, as well as taxable sales generated by the Project’s on-site retail. Case studies used in this Analysis are discussed in greater detail later in this section. The average-revenue approach uses the City’s FY 2014-2015 budgeted revenue amounts on a citywide per capita or per persons served basis to forecast revenues derived from estimated residents of the Project. Revenue sources that are not expected to increase as a result of development are excluded from this Analysis. These sources of revenue are not affected by development because they are either one-time revenue sources not guaranteed to be available in the future, or there is no direct relation between 288 Page 6 | Applied Development Economics increased employment growth and increased revenue. Some of these sources include department director salaries, as shown in the adjusted budget in Appendix A-4. A listing of all City General Fund revenue sources and the corresponding estimating procedure used to forecast future Project revenues is shown in Appendix C-1 and summarized in the table below. PROPERTY TAX Estimated annual property tax revenue resulting from development in the Project is presented in Table D-1 based on the residential property access value from the Property Owner. To be consistent with the City’s budget data, the estimated assessed values for Project land use are presented in constant 2015-dollar values—real growth in assessed value is not estimated. The Project site is located in the following Tax Rate Areas (TRAs):  APN 326-27-041 (TRA 001-178) – Assessed Value $3,088,471  APN 326-27-040 (TRA 001-178) – Assessed Value $3,636,656  APN 326-27-039 (TRA 001-178) – Assessed Value $17,459,21 The share of property taxes available for the City General Fund from the County is approximately 5.6 percent of the 1 percent Property Tax allocation, while the County receives 34.5 percent and 8.6 percent that is allocated to the Educational Revenue Augmentation Fund (ERAF). Detailed calculation is shown in Appendix C-2. ADE calculated a percentage factor of property tax estimated to be 8.8 percent, which include Property Tax In Lieu of Vehicle License Fee (PTIL VLF) and Property Transfer Tax. The percentage is calculated by dividing the current property tax revenue from the adopted operating budget by the Citywide assessed value, which yields a percentage higher than the 5.6 percent the County allocates to the City and includes both PTLF VLF and Property Transfer Tax. SALES TAX Sales tax revenues are based on taxable sales generated within the City. The sales tax components examined in this Analysis include the Bradley-Burns 1-percent Local sales tax rate and a revenue- neutral factor to estimate the State-mandated exchange of 25 percent of sales tax revenue for property tax, the Property Tax In-Lieu of Sales Tax (aka, Triple Flip). Estimated sales tax and property tax in-lieu of sales tax revenues to the City are summarized in Appendix C-4. The Analysis uses two methodologies to estimate taxable sales generated by the Project: MARKET SUPPORT METHOD (RETAIL DEMAND) Retail Sales based on Project Households’ Retail Expenditures The Analysis in Appendix C-4A estimates retail expenditures of future residents in the Project by type of retail category and the portion of expenditures that would be captured in the City (e.g., generate sales in the City’s retail establishments). The amounts and types of expenditures made by residents generally depend on their household income. Data for this Analysis is based on estimated 289 Applied Development Economics | Page 7 Project resident incomes, household spending patterns, and retail demand and supply market conditions in the City. Specifically, the Analysis evaluates retail expenditures of future residents by the following:  Estimating the total income of new households based on the projected home sales prices provided by the Property Owner. ADE assumes household income estimates assume owner- occupied tenure with home purchase financed by a 30-year fixed rate mortgage.1  Evaluating Consumer Expenditure Survey (CES) data from the Bureau of Labor Statistics, which reports the proportion of income spent on various household goods and services by income group.  Translating BLS data on household expenditures into retail stores. According to the Property Owner, all of the residential units will be rental apartments at Project build out. The Analysis estimates the impact for the apartment rental scenario, and assumes the City’s estimated average asking rent for residential rental apartments is $3.11 per unit per SF, at an average of 944 SF per unit. Based on the average annual rental price, ADE estimated that future household incomes would average $117,434 for high density multi-family apartment units. Household retail expenditures supported by this income level are analyzed in Appendix E-2. In summary, Project households are projected to spend a total of approximately $2.8 Million annually from the new residential development on retail purchases in and beyond the Project within the City of Cupertino, as shown in Appendix C-4A. This Analysis assumes that the City would capture 65 percent of the Project’s retail demand resulting in $13,501 in annual total retail sales from households within the Project. Retail Sales Based on Project Employees’ Retail Expenditures Research indicates that spending by workers in the vicinity of their place of work is significant. Given the amount of Project employment expected at build out from office and hotel development, this Analysis estimated the additional demand for retail that would be created by Project employees. First, the analysis estimates the proportions of workers expected to be the Project’s residents versus non- residents. Spending attributable to employees who are Project residents is discounted. ADE assumes that such workers would still make a significant amount of their household spending in the Project regardless of their place of work. Spending by workers from the City who do not reside in the Project is also estimated, since such spending is assumed to occur in the City as a direct result of the workers’ employment at the Project. The Analysis conservatively assumes an average daily expenditure of $10 per workday per worker for 240 workdays annually, for a total of $447,672 annually in taxable retail sales in the City, as shown in Appendix C4-A. The new retail development will add approximately 1 percent of total existing City inventory. Due to the small percentage, ADE estimates all taxable sales are captured in the City at 100 percent. 1 Income estimate assumes that annual payment for the mortgage (30-yr, 5% fixed interest, 20% down payment), property taxes, and insurance equal 30% of income. Property taxes and insurance assumed at 2% of home value. 290 Page 8 | Applied Development Economics RETAIL SPACE METHOD (RETAIL SUPPLY) In addition to retail sales in the City that will be generated by expenditures of Project households and employees, the Project proposes 40,000 SF of ground floor retail which will directly generate additional retail sales in the City. To estimate potential future onsite retail sales, ADE applied sales- per-employee assumptions to estimated retail employment. As shown in Appendix C-4B, the Project’s retail is expected to generate approximately $12 Million in taxable sales annually. The City is expected to capture 100 percent of retail sales from new households, and 65 percent of retail spending from employees of the Project, based on retail leakage study in proximate site. TOTAL PROJECT IMPACT ON TAXABLE RETAIL SALES IN THE CITY Total taxable retail sales generated by the Project are summed up in Appendix C-4. The analysis assumes 100 percent of household retail is off site due to small development square footage. This excludes insignificant adjustments to correct potential double-counting of retail purchases by Project residents and employees at retail businesses located at the Project. The findings show total estimated taxable sales of $41.9 Million annually and resulting sales tax revenues generated for the City. TRANSIENT OCCUPANCY TAX This Analysis uses a case-study methodology to estimate transient-occupancy tax (TOT) revenue generated by the Project. TOT revenue is estimated based on the number of hotel rooms, at an annual occupancy rate of 65 percent, an average daily room rate of $200, and the City’s TOT rate of 12 percent. Appendix C-5 shows the estimated TOT revenue generated for the Project. UTILITY TAX The Utility Tax revenue uses a per person served methodology to estimate revenue generated by the Project. The revenue is estimated based on the number of residents, in addition to half of the employee population in the proposed project development. ADE estimated the per capita weighted average of 76.74 percent is generated in the residential uses, and the remaining in non-residential uses. Appendix C-1 and C-3 shows the estimated Utility Tax revenue generated for the Project. FRANCHISE FEES ADE assumes the Franchise Fees tax revenue is generated from both residential and non-residential development on the Project. The Franchise Fees revenue uses a per person served methodology to estimate revenue generated by the Project. The revenue is estimated based on the number of employees in the proposed project development. Appendix C-1 and C-3 shows the estimated Franchise Fees revenue generated for the Project from total employee at build out. OTHER TAXES Using a per person served calculation, Other Tax revenue generated from the Project build out evaluates total revenue generated at the Project build out. The average per person served revenue is $51.29 for other taxes for residential population and $15.54 for nonresidential population. This yields a total of $30,935 total revenue from residential development and $6,932 from non-residential development. Appendix C-1 and C-3 shows the estimated Other Tax revenue calculation. 291 Applied Development Economics | Page 9 LICENSES AND PERMITS The total tax revenue generated from Licenses and Permits are allocated in both residential and non- residential development using a per persons served methodology to estimate the per persons served average revenue is $15.72, which yields a total of $9,482 for residential development revenue, and $328.09 from office, $359.39 from retail, and $950.62 revenue generated from hotel development, as shown in Appendix C-1 and C-3. USE OF MONEY AND PROPERTY The tax revenue generated from this category are allocated in both residential and non-residential development using a per person served weighted average percentage allocation of 76.74 percent in residential revenue. An estimate of $7.87 per persons served average for residential development results in a total of $4,747 generated at build out, detailed in Appendix C-1. The remaining allocation generates approximately $2.38 per persons served for nonresidential development, resulting in a total of $1,064 total revenue generated for office, retail, and hotel development as shown in Appendix C- 3. INTERGOVERNMENTAL Intergovernmental tax revenue is allocated using a per person served methodology to estimate total revenue generated at an average of $25.78 for residential and $7.81 for nonresidential, as shown in Appendix C-1 and C-3. The revenue is estimated based on the number of residents in addition to half of the employee population in the proposed project development. CHARGES FOR SERVICES The Charges-for-services Tax Revenue is allocated for both residential and nonresidential development at build out, using a per person served methodology as shown in Appendix C-1 and Appendix C-3. Using the estimated per capita weighted average of 76.74 percent allocated to residential development, the remaining percentage is allocated to nonresidential development, which results in Project build out revenue with an estimated total of $93,448 and $20,940, respectively. FINES AND FORFEITURES It is estimated that Fines and Forfeitures tax revenue uses a per person served methodology to estimate revenue generated by the Project. The revenue is estimated based on the number of residents in addition to half of the employee population in the proposed project development. ADE estimated the per capita weighted average of 76.74 percent is generated in the residential uses and the remaining in the non-residential uses. Appendix C-1 and C-3 shows the estimated Utility Tax revenue generated for the Project. MISCELLANEOUS The Miscellaneous revenues estimates taxes generated from other revenue, excluding the above categories. Using a per person served average, ADE calculated the total revenue generated at the Project build out based on a per capita weighted average of 76.74 percent allocated to residential development and the remaining in non-residential uses. Appendix C-1 shows the estimated total for residential development, and non-residential development is shown in Appendix C-3. 292 Page 10 | Applied Development Economics TRANSFER-IN The Project build out accounts for Transfer-In revenue from other governmental funds and comprises of majority of the revenue at build out. The revenue uses a per person served methodology for both residential and non-residential development to calculate the estimated total generated from future residents and employees. The per capita weighted average of 76.74 percent is used to allocate the majority of the revenue generated from residential development, with the other 23.26 percent of total revenue in non-residential development. The total Transfer-in revenue is approximately $229,434, which accounts for an estimate of 10.85 percent of total general fund at build out. A detailed calculation of this analysis is shown on Appendix C-1 and Appendix C-3. EXPENDITURE-ESTIMATING METHODOLOGY Expenditure estimates are based on the adjusted City’s FY 2014–15 adopted operating budget and supplemental information from the City’s public available information. All City General Fund expenditure items and expenditure-estimating procedures are listed on Appendix D-1 and Appendix D-2. All departmental manager salaries and one-time capital expenditures from Transfer-out are excluded from the analysis to offset the fiscal year’s significant amount of capital improvement projects, as a result of development revenue generated from the Apple Campus 2 Development Agreement. The Project fiscal impact analysis relies on per persons served methodology to estimate all General Fund expenditure impacts of new development for the City. The per persons served method assumes the marginal cost of the City’s services to new Project residents and employees would equal the City’s existing average-cost structure. Expenditures affected by both residents and employees are projected using a per person served average expenditure multiplier, while expenditures affected by residents only are projected using a per-capital average expenditure multiplier and a weighted per capita of 76.74 percent allocation of total costs. Appendix D-1 and Appendix D-2 shows the weighted per capita adjustment factors used in this Analysis. These adjustment factors are based on the weighted per capita percentage factor calculated in Appendix B-1 and ADE’s experience on other similar fiscal analyses and account for the size and land use composition of the Project compared to that of the existing City. EXPENDITURE ADJUSTMENT FACTORS The net General Fund costs for each department reflects that department’s allocated share of indirect costs, such as those costs for information technology, vehicle replacement, insurance, and other costs. By accounting for the indirect costs within the specific department functions, the impact of new growth on that department’s costs would include the indirect cost allocations as well. ADE has also adjusted the general fund revenue and costs to eliminate onetime expenses from staff that are likely fixed costs, such as director salaries for each department, as shown in Appendix B-3. GENERAL GOVERNMENT EXPENDITURE ADE uses a percentage factor of total net General Fund costs to calculate the percentage cost allocation for each land use. Appendix D-1 shows General Government cost is 7.48 percent of total General Fund Expenditure. The general fund expenditure allocation for each residential and 293 Applied Development Economics | Page 11 nonresidential development uses this percentage to determine the total project build out revenue, as shown in Appendix A-2. FISCAL IMPACT RESULTS Appendix A-1 and Appendix A-2 identifies General Fund fiscal impact results at build out. TECHNICAL APPENDICES The fiscal impact summary and the City’s general fund overview are shown in Appendix A-1 through A-4. The technical calculations used in this Analysis are shown in Appendices B-1 through E-2:  Appendix A indicates the summary fiscal impact, the City’s general fund, and adjusted General Fund allocation.  Appendix B shows the proposed land uses and general assumptions used in this Analysis.  Appendix C identifies the projected revenues that will be generated by the Project for the City’s General Fund.  Appendix D details the estimated expenditures for the City to provide General Fund services to the Project.  Appendix E shows the projected assessed value of the Project, which serves as the basis for calculating property tax and retail sales revenues from residential development at build out. 294 Page 12 | Applied Development Economics APPENDIX A: FISCAL IMPACT SUMMARY Appendix A-1 Fiscal Impact Summary Table Appendix A-2 Estimated Summary Fiscal Impact at Build out Appendix A-3 City of Cupertino Adopted Budget FY 2014-2015 Appendix A-4 City of Cupertino Adopted Budget FY 2014-2015 – Adjusted Estimate by Department APPENDIX A-1 FISCAL IMPACT SUMMARY TABLE AT BUILD OUT (2015$) Total Project Revenues at Build Out $2,119,088 Total Project Expenditures at Build Out $1,014,567 Net Impact $1,104,521 Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; KT Urban, ADE, Inc. 295 296 Applied Development Economics | Page 13 APPENDIX A-2 ESTIMATED SUMMARY FISCAL IMPACT AT BUILD OUT (2015$) ITEM REFERENCE % OF TOTAL ANNUAL FISCAL IMPACT AT BUILD OUT MULTI-FAMILY RESIDENTIAL OFFICE RETAIL HOSPITALITY GENERAL FUND Annual Revenue Appendix C-1 and C-4 Sales Tax Appendix C-5, C-5A, C- 5B, E-1, E-2 14.86% $314,893 $21,061 $202,336 $90,411 $1,086 Property Tax Appendix B-2 and B-3 11.79% $249,832 $70,928 $104,544 $21,120 $53,240 Transient Occupancy Appendix C-6 51.05% $1,081,860 $0 $0 $0 $1,081,860 Utility Tax Appendix C-1 1.06% $22,488 $18,372 $2,936 $324 $857 Franchise Fees Appendix C-1 1.20% $25,440 $17,169 $5,899 $651 $1,721 Other Taxes Appendix C-1 1.79% $37,867 $30,935 $4,944 $545 $1,443 Licenses & Permits Appendix C-1 0.66% $14,050 $9,482 $3,258 $359 $951 Use of Money and Property Appendix C-1 0.27% $5,811 $4,747 $759 $84 $221 Intergovernmental Appendix C-1 0.90% $19,035 $15,550 $2,485 $274 $725 Charges for Services Appendix C-1 5.40% $114,387 $93,448 $14,935 $1,647 $4,357 Fines & Forfeitures Appendix C-1 0.19% $3,990 $3,259 $521 $57 $152 Miscellaneous Appendix C-1 0.00% $0 $0 $0 $0 $0 Transfer-In Appendix C-1 10.83% $229,434 $187,434 $29,955 $3,304 $8,740 Total General Fund Revenue 100.00% $2,119,088 $472,385 $372,572 $118,777 $1,155,353 Annual Expenditure Appendix D-1 and D-2 General Government Appendix D-1 and D-2 7.55% $76,572 $58,399 $12,961 $1,430 $3,782 Police Appendix D-1 and D-3 10.43% $105,787 $77,232 $20,366 $2,246 $5,942 Public Affairs Appendix D-1 and D-4 4.21% $42,758 $31,217 $8,232 $908 $2,402 Recreation and Community Services Appendix D-1 and D-5 11.16% $113,265 $113,265 $0 $0 $0 Planning and Community Development Appendix D-1 and D-6 8.66% $87,872 $64,153 $16,917 $1,866 $4,936 Public Works Appendix D-1 and D-7 31.25% $317,007 $231,439 $61,029 $6,732 $17,807 Non-Departmental and Transfers Appendix D-1 and D-8 26.74% $271,307 $198,075 $52,231 $5,761 $15,240 Total General Fund Expenditure 100.00% $1,014,567 $773,780 $171,736 $18,944 $50,107 ANNUAL GF SURPLUS/(DEFICIT) $1,104,521 ($301,395) $200,837 $99,833 $1,105,246 Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; KT Urban; ADE, Inc. 297 Page 14 | Applied Development Economics APPENDIX A-3 CITY OF CUPERTINO ADOPTED BUDGET FY 2014-15 (2015$) REVENUE AND EXPENDITURE ITEMS % OF TOTAL CITY OF CUPERTINO ADOPTED BUDGET FY 2014/15 GENERAL FUND [1] Annual Revenue Sales Tax 17.92% $18,288,000 Property Tax 14.76% $15,067,000 Transient Occupancy 4.42% $4,510,000 Utility Tax 3.04% $3,100,000 Franchise Fees 2.84% $2,897,000 Other Taxes 5.12% $5,220,000 Licenses & Permits 1.57% $1,600,000 Use of Money and Property 0.78% $801,000 Intergovernmental 2.57% $2,623,943 Charges for Services 15.45% $15,768,164 Fines & Forfeitures 0.54% $550,000 Miscellaneous 0.00% $0 Transfer-In 30.99% $31,627,286 Total General Fund Revenue 100.00% $102,052,393 Annual Expenditure Employee Compensation 14.20% $16,963,296 Employee Benefits 6.83% $8,163,673 Materials 4.32% $5,156,146 Contract Services 18.45% $22,047,745 Contingencies 1.48% $1,768,552 Cost Allocation 4.62% $5,519,694 Special Projects 2.53% $3,027,388 Capital Outlays 16.56% $19,788,794 Debt Service/Other Uses 3.71% $4,427,838 Transfer Out 27.30% $32,613,286 Total Annual General Fund Expenditures 100.00% $119,476,412 Annual General Fund Surplus/(Deficit) ($17,424,019) Annual GF Surplus (Deficit) per Residential Unit ($223.06) Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; ADE, Inc. [1] The City's FY 2014-2015 Final Adopted Budget reflects the City's receipt of large on-time dollar from the Apple Campus 2 Development Agreement. Several one-time special and capital projects reflect a higher annual expenditure relative to costs and departmental director salaries are not included as part of the Analysis, as shown in Appendix A-4. 298 Applied Development Economics | Page 15 APPENDIX A-4 CITY OF CUPERTINO ADOPTED BUDGET FY 2014-15 (2015$) - ADJUSTED ESTIMATE BY DEPARTMENT REVENUE AND EXPENDITURE ITEMS CITY OF CUPERTINO ADJUSTMENT [2] ADJUSTED BUDGET % OF TOTAL ADJUSTE D BUDGET ADOPTED BUDGET FY 2014/15 LESS OFFSETTING ONE-TIME CIP AND STAFF SALARY EXPENSES NET ANNUAL GENERAL FUND REVENUE AND EXPENSES GENERAL FUND BY DEPARTMENT Annual Revenue By Department Sales Tax $18,288,000 $0 $18,288,000 17.9% Property Tax $15,067,000 $0 $15,067,000 14.8% Transient Occupancy $4,510,000 $0 $4,510,000 4.4% Utility Tax $3,100,000 $0 $3,100,000 3.0% Franchise Fees $2,897,000 $0 $2,897,000 2.8% Other Taxes $5,220,000 $0 $5,220,000 5.1% Licenses & Permits $1,600,000 $0 $1,600,000 1.6% Use of Money and Property $801,000 $0 $801,000 0.8% Intergovernmental $2,623,943 $0 $2,623,943 2.6% Charges for Services $15,768,164 $0 $15,768,164 15.5% Fines & Forfeitures $550,000 $0 $550,000 0.5% Miscellaneous $0 $0 $0 0.0% Transfer-In $31,627,286 $0 $31,627,286 31.0% Total General Fund Revenue $102,052,393 $0 $102,052,393 100.0% Annual Expenditure By Depart. [1] General Government $7,900,711 $616,690 $7,284,021 7.5% Police $10,175,620 $174,350 $10,001,270 10.4% Public Affairs $4,203,524 $161,114 $4,042,410 4.2% Recreation and Community Services $11,506,514 $250,290 $11,256,224 11.7% Planning and Community Develop. $8,438,292 $130,720 $8,307,572 8.6% Public Works $30,343,173 $372,735 $29,970,438 31.1% Non-Departmental and Transfers $33,764,940 $8,115,000 $25,649,940 26.6% Total Annual General Fund Expenditures $106,332,774 $9,820,899 $96,511,875 100.0% Annual General Fund Surplus/(Deficit) ($4,280,381) ($9,820,899) $5,540,518 Annual GF Surplus (Deficit) per Residential Unit ($54.80) ($125.73) $70.93 Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; ADE, Inc. [1] ADE allocated expenses based on individual departments in the City's budget. [2] Offsetting staff expenses are adjusted from department budget to account for departmental directors' one -time fixed salary expenses. Several one-time special and capital projects reflect a higher annual expenditure relative to previous years. For the purpose of the Analysis, these one-time capital improvement are adjusted from Transfers-out and the costs are not included as part of the Analysis, as shown in the operating budget adjustment. Note: 2014 CIP Projects, excluded from Analysis, include updated accessibility transition plan, Calabazas Creek outfall repair, Civic Center Plan Updates, Library story room expansion, Linda Vista Pond Repair, McClellan Ranch Preserve Upgrade, McClellan Road Sidewal k Improvements Phase 1, Monta Vista Storm Drain System, Public Building Solar Installation, Quinlan Center Interior Upgrade, Quinl an Community Center Fiber Installation, Storm Drain Master Plan Update, Sports Center Court, Sports Center Tennis Court retainin g wall replacement, Stevens Creek Corridor Park Master plan 299 Page 16 | Applied Development Economics APPENDIX B: GENERAL ASSUMPTIONS Appendix B-1 Total Residential and Employee Population Appendix B-2 Land Use Summary at Build Out Appendix B-3 Total Residential and Employee Population at Build Out 300 Applied Development Economics | Page 17 APPENDIX B-1 TOTAL RESIDENTIAL AND EMPLOYEE POPULATION ITEM ASSUMPTION General Assumptions Base Fiscal Year [1] FY 2014-2015 General Demographic Characteristics City of Cupertino Population [2] 59,946 Employees (2011) [3] 36,332 City of Cupertino Persons Served [4] 78,112 City of Cupertino Visitors - Percent per Capita Weight for Residential 76.74% Inflationary/Appreciation Factors Property Tax 2.0% Other Revenue 3.0% Costs 3.0% Estimated Citywide Assessed Value [5] $17,100,000,000 Source: California Department of Finance; California Employment Development Department; ADE, Inc. [1] Reflects the City of Cupertino Fiscal Year 2014-2015 approved final budget. Revenues and expenditures are in 2015 dollars. This analysis does not reflect changes in values resulting from inflation or appreciation. [2] Based on population estimates from the California Department of Finance (DOF) data for January 1, 2013. [3] Based on 2011 US Census obtained from Onthemap.ces.census.gov and adjusted by additional 10% to account for self-employed workers. [4] Defined as total population plus half of total employees. [5] Total citywide FY2013-2014 assessed value based on Financial Report from County of Santa Clara. 301 Page 18 | Applied Development Economics APPENDIX B-2 LAND USE SUMMARY AT BUILD OUT BUILD OUT LAND USE ACREAGE [3] AVERAGE DENSITY DWELLING UNITS BUILDING SQUARE FEET Multi-Family High-Density Residential Mixed-Use (HDR) - - 208 201,500 Subtotal Multi Family 0.0 0.0 208 201,500 Total Residential Land Uses 0.0 0.0 208 201,500 Nonresidential Land Uses Office - - - 198,000 Subtotal Office 0.0 - - 198,000 Retail/Commercial Retail (Ground floor) - - - 40,000 Subtotal Retail/Commercial - - - 40,000 Hotel Hotel [1] 0.0 - 190 104,000 Community/Conference Room (Ground floor) - - - 17,000 Subtotal Hotel 0.0 - 190 121,000 Total Nonresidential Land Uses 0.0 - 190 359,000 Other Land Uses [2] Open Spaces (OS) 0.0 - - - Total Other Land Uses 0.0 - - - Total Residential, Nonresidential, and Other Uses 0.0 - 398 560,500 Major Streets, Parking and Infrastructure [3] Below Grade Parking - - 1,215 Surface Parking - - 65 Total Parking 0.0 - 1,280 573,564 Total Stevens Creek Site Land Uses [4] 0.0 - - 1,134,064 Source: KT Urban, C2K Architecture, Inc., ADE, Inc., April 2015. [1] Hotel room numbers provided by KT Urban at 190 total rooms as of March 2015. [2] Excluded from analysis. Landscape expenditure not included in City of Cupertino 2014-2015 Operating Budget. [3] Excluded from the analysis. [4] Land use summary provided by KT Urban and C2K Architecture, Inc. as of March 2015. 302 Applied Development Economics | Page 19 APPENDIX B-3 TOTAL RESIDENTIAL AND EMPLOYEE POPULATION AT BUILD OUT LAND USE PER UNIT/SQ. FT. BUILD OUT RESIDENTS EMPLOYEES PERSONS SERVED Residential Population [1] High-Density Residential (HDR) High-Density Residential Mixed-Use (HDR) 2.9 603 - 603 Subtotal High-Density Residential 603 603 Total Residential Population 603 603 Employee Population [2] Sq. Ft./Employee Office 300 - 636 318 Subtotal Office 636 318 Retail/Commercial Retail (Ground floor) 500 - 70 35 Subtotal Retail/Commercial 70 35 Travel Commercial and Event Facilities Hotel [3] 500 - 170 85 Community/Conference Center [4] 2,000 - 15 8 Subtotal Hotel 186 93 Total Employee Population 892 446 Total Residential and Employee Population 603 892 1,049 Total Persons Served [5] 1,049 Source: KT Urban, C2K Architecture, Inc., ADE, Inc., April 2015. [1] Residential population based on occupied dwelling unit assumptions as shown in Appendix E-1. [2] Employee population based on occupied sq. ft. assumptions as shown in Appendix E-1. [3] Hotel employment estimated based on occupied sq. ft. assumptions as shown in Appendix E-1. [] Hotel common area employment estimated based on occupied sq. ft. assumptions as shown in Appendix E -1. [5] Total Persons Served is defined as 100% of household population plus 50% of employees. 303 Page 20 | Applied Development Economics APPENDIX C: REVENUE-ESTIMATING PROCEDURE Appendix C-1 Residential Unit Revenue Assumptions Appendix C-2 Estimated Annual Property Tax Revenue Appendix C-3 Non-Residential Unit Revenue Assumptions Appendix C-4 Estimated Taxable Sales and Use Tax Revenue Summary Appendix C-4A Annual Sales Tax from Market Support Appendix C-4B Estimated Taxable Sales, Adjusted Retail Space Method Appendix C-5 Estimated Annual Transient Occupancy Tax Revenue 304 Applied Development Economics | Page 21 APPENDIX C-1 RESIDENTIAL UNIT REVENUE ASSUMPTIONS (2015$) REVENUE ITEMS ADJUSTMENT FACTORS [5] PER PERSONS SERVED/CASE STUDY ESTIMATING PROCEDURE/DESCRIP TION MULTI-FAMILY MIXED-USE RESIDENTIAL PER PERSONS SERVED UNIT MULTIPLIER TOTAL BUILD OUT REVENUE REVENUE (2015$) Sales Tax [1] - n/a $21,060.78 Case Study Property Tax [2][3] 100.00% n/a $70,928.00 Case Study Transient Occupancy Tax [4] 0.00% n/a $0 n/a Utility Tax 76.74% $30.46 $18,372 Per Persons Served Franchise Fees 76.74% $28.46 $17,169 Per Persons Served Other Taxes 76.74% $51.29 $30,935 Per Persons Served Licenses & Permits 76.74% $15.72 $9,482 Per Persons Served Use of Money and Property 76.74% $7.87 $4,747 Per Persons Served Intergovernmental 76.74% $25.78 $15,550 Per Persons Served Charges for Services 76.74% $154.92 $93,448 Per Persons Served Fines & Forfeitures 76.74% $5.40 $3,259 Per Persons Served Miscellaneous 76.74% $0.00 $0 Per Persons Served Transfer-In 76.74% $310.73 $187,434 Per Persons Served Total Annual Revenue $472,385 Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; ADE, Inc. [1] Refer to Appendix C-5A for calculation. Sales tax is generated from on-site residents. [2] Refer to Appendix C-2 for calculation. Cities receive 5.6% of Santa Clara County property tax allocation based on the City's adopted budget for FY 2014/2015. Property Tax in-lieu of VLF not included as part of property tax calculation. [3] Assessed Values (AV) derived in Land Use_Build out Table. Note that assessed values are expressed in 2015$ assume no real appreciation. Formula for Transfer Tax = Assessed Value/1000*Rate per $1,000 of Assessed Value*Turnover rate. All residential development is assumed to be owner-occupied. Residential Property turnover rate at 7 years or 14%. [4] Excluded from residential revenue calculation. [5] Adjustment factors based on the citywide weighted average per capita as shown in Appendix B -1. 305 Page 22 | Applied Development Economics APPENDIX C-2 ESTIMATED ANNUAL PROPERTY TAX REVENUES (2015$) ITEM ASSUMPTION ANNUAL FISCAL IMPACT AT BUILD OUT Property Tax (1% of Assessed Value) Residential Build Out Assessed Value (2015$) [1] Appendix E-1 $80,600,000 Property Tax Revenue (1% of Assessed Value) 1.00% $806,000 Estimated Property Tax Allocation [2] City of Cupertino (Post-ERAF) [3] 8.80% $70,928 Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; ADE, Inc. [1] For assumptions and calculation of adjusted assessed value, refer to Appendix E-1. [2] For assumptions and calculation of the estimated property tax allocation, refer to Appendix E-1 and E-2. [3] City of Cupertino Citywide property tax allocation is 5.6 percent of overall County allocation. The 8.8 percent accounts for PTIVLF and Property Transfer Tax by dividing general government budget over citywide assessed value. City assessed value based on County of Santa Clara annual comprehensive financial budget. 306 Applied Development Economics | Page 23 APPENDIX C-3 NON-RESIDENTIAL UNIT REVENUE ASSUMPTIONS (2015$) ANNUAL NON-RESIDENTIAL UNIT REVENUE ASSUMPTIONS REVENUE ITEMS ADJUSTMENT FACTORS [5] OFFICE RETAIL HOTEL ESTIMATING PROCEDURE/ DESCRIPTION PER EMPLOYEE UNIT/CASE STUDY MULTIPLIER TOTAL BUILD OUT REVENUE PER EMPLOYEE UNIT/CASE STUDY MULTIPLIER TOTAL BUILD OUT REVENUE PER EMPLOYEE UNIT/CASE STUDY MULTIPLIER TOTAL BUILD OUT REVENUE REVENUE (2015$) Sales Tax [1] n/a - $202,336.00 - $90,410.56 - $1,085.97 Case Study Property Taxes [2][3] n/a - $104,544.00 - $21,120.00 - $53,240.00 Case Study Transient Occupancy [4] 100.00% $0.00 $0.00 $0.00 $0.00 $48,589.62 $1,081,860.00 Case Study Utility Tax 23.26% $9.23 $2,936.13 $9.23 $323.88 $9.23 $856.68 Per Person Served Franchise Fees 23.26% $18.54 $5,899.18 $18.54 $650.72 $18.54 $1,721.21 Per Person Served Other Taxes 23.26% $15.54 $4,944.07 $15.54 $545.37 $15.54 $1,442.54 Per Person Served Licenses & Permits 23.26% $10.24 $3,258.09 $10.24 $359.39 $10.24 $950.62 Per Person Served Use of Money and Property 23.26% $2.38 $758.66 $2.38 $83.69 $2.38 $221.35 Per Person Served Intergovernmental 23.26% $7.81 $2,485.24 $7.81 $274.14 $7.81 $725.12 Per Person Served Charges for Services 23.26% $46.95 $14,934.66 $46.95 $1,647.40 $46.95 $4,357.50 Per Person Served Fines & Forfeitures 23.26% $1.64 $520.93 $1.64 $57.46 $1.64 $151.99 Per Person Served Miscellaneous 23.26% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Per Person Served Transfer-In 23.26% $94.16 $29,955.46 $94.16 $3,304.30 $94.16 $8,740.13 Per Person Served Total Annual Revenue $372,572 $118,777 $1,155,353 Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; ADE, Inc. [1] Refer to Appendix C-5A and C-5B for calculation. [2] Cities receive 5.6% of Santa Clara County property tax allocation based on the City's adopted budget for FY 2014/2015. Pr operty Tax in-lieu of VLF and Transfer Tax not included as part of property tax calculation. ADE uses 8.8% as a property tax factor that includes both. [3] Assessed Values (AV) derived in Land Use Build out Table. Note that assessed values are expressed in 2015$ assume no real appreciation. Formula for Transfer Tax = Assessed Value/1000*Rate per $1,000 of Assessed Value*Turnover rate. Nonresidential Property turnover rate at 15 years or 6.7%. [4] Hotel room numbers is assumed at 190 rooms from the Property Owner. See Appendix C-6 for calculation. [5] Adjustment factors based on the citywide weighted average per capita as shown in Appendix B -1. Non-residential adjustment factors accounts for remaining of total revenue less residential revenue. 307 Page 24 | Applied Development Economics APPENDIX C-4 ESTIMATED TAXABLE SALES AND USE TAX REVENUE SUMMARY (2015$) ITEM SOURCE/ASSUMPTION SALES AND USE TAXES ANNUAL REVENUE AT BUILD OUT Residential and Nonresidential Estimated Annual Taxable Sales from New Residential Households [1] Annual Taxable Sales from Market Support - Residential Appendix C-5A $2,808,104 Annual Taxable Sales from Market Support - Employee Appendix C-5A $447,672 Estimated Annual Taxable Sales from New Non -Residential Development [2] Annual Taxable Sales from Onsite Retail Uses Appendix C-5B $12,000,000 Annual Business-to-Business Taxable Sales Appendix C-5B $26,730,000 Annual Taxable Sales from Total Net New Development $41,985,776 Annual Sales Tax Revenue Bradley Burns Local Sales Tax Rate 1.0000% $419,585 Less Property Tax in Lieu of Sales Tax Rate -0.2500% ($104,964) Total Bradley Burn Sales Tax Revenue 0.7500% $314,893 Cumulative Annual Property Tax in Lieu of Sales Tax Revenue 0.2500% $104,964 Source: U.S. Census Bureau, ULI; Loopnet; KT Urban, C2K Architecture, Inc., ADE , Inc. [1] Total residential taxable sales account for residents and employees living on -site. [2] Total new nonresidential taxable sales account for ground floor retail sales per SF and office sales revenue. 308 Applied Development Economics | Page 25 APPENDIX C-4A ANNUAL SALES TAX FROM MARKET SUPPORT (2015$) ITEM SOURCE SALES AND USE TAXES FROM MARKET SUPPORT ASSUMPTION ANNUAL REVENUE AT BUILT OUT Residential Annual Taxable Sales from New Households Residential Development (Units) High-Density Residential Mixed-Use (HDR) 208 Total Residential Development 208 Residential Retail Expenditure High-Density Residential Mixed-Use (HDR) - Rental Apartments Scenario $13,501 Total Retail Expenditure $2,808,104 Estimated Annual Taxable Sales from New Household Annual City Taxable Sales Captured within the City of Cupertino 100.0% Total Taxable Sales from New Household $2,808,104 Annual Sales Tax Revenue from New Household Bradley Burns Local Sales Tax Rate 1.0000% $28,081 Less Property Tax in Lieu of Sales Tax Rate -0.2500% ($7,020) Total Bradley Burn Sales Tax Revenue 0.7500% $21,061 Annual Property Tax in Lieu of Sales Tax Revenue 0.2500% $7,020 Nonresidential Annual Taxable Sales from New Employees New Employees Non Residential Development (Employee) Office 318 $248,134 Retail (Ground floor) 70 $54,742 Hotel 170 $132,742 Community/Conference Center 15 $12,055 Total Employees 574 Average Daily Taxable Sales per New Employee $10 Work Days per Year 240 Taxable Sales from New Employees 50.0% Estimated Retail Capture Rate within City of Cupertino 65.0% Total Taxable Sales from New Employees $447,672 Annual Sales Tax Revenue from New Employee Bradley Burns Local Sales Tax Rate 1.00% $4,477 Less Property Tax in Lieu of Sales Tax Rate -0.25% ($1,119) Total Bradley Burn Sales Tax Revenue 0.75% $3,358 309 Page 26 | Applied Development Economics APPENDIX C-4A ANNUAL SALES TAX FROM MARKET SUPPORT (2015$) ITEM SOURCE SALES AND USE TAXES FROM MARKET SUPPORT ASSUMPTION ANNUAL REVENUE AT BUILT OUT Total Bradley Burn Sales Tax Revenue - Office $1,861 Total Bradley Burn Sales Tax Revenue - Retail $411 Total Bradley Burn Sales Tax Revenue - Hotel/Conference Center $1,086 Annual Property Tax in Lieu of Sales Tax Revenue 0.25% $1,119 Total Annual Taxable Sales from Market Support Residential and Nonresidential $3,255,776 Estimated Annual Total Taxable Sales (On-Site) [1] 0.00% $0 Estimated Annual Total Taxable Sales (Off-Site) 100.00% $3,255,776 Source: U.S. Census Bureau, ULI; Loopnet; KT Urban, C2K Architecture, Inc., ADE. [1] Existing City inventory include 3,696,327 SF of retail. The additional 40,000 SF of retail accounts for approximately 1 percent increase of total inventory. ADE assumes Project captures 0 percent of total On -site retail spending and 100 percent of retail spending are from the City due to the low percentage. 310 Applied Development Economics | Page 27 APPENDIX C-4B ESTIMATED TAXABLE SALES, ADJUSTED RETAIL SPACE METHOD (2015$) ITEM SALES AND USE TAXES FROM RETAIL SOURCE/ASSUM PTIONS ANNUAL REVENUE AT BUILD OUT Annual Taxable Sales per Square Foot [1] High-Density Residential Mixed-Use (HDR) $130 Office (Business-to-Business) $135 Retail/Commercial (Ground floor) $300 Hotel $130 Cumulative On-Site Retail Square Feet High-Density Residential Mixed-Use (HDR) 0 Office 0 Retail/Commercial (Ground floor) 40,000 Hotel 0 Total Cumulative On-Site Retail Square Feet 40,000 Annual Taxable Sales from On-Site Retail Development High-Density Residential Mixed-Use (HDR) $0 Office $0 Retail/Commercial (Ground floor) $12,000,000 Hotel $0 Subtotal Annual Taxable Sales from On-Site Retail Development $12,000,000 Less Total Annual Taxable Sales From Market Support (within the Project) $0 Subtotal Annual Taxable Sales from Onsite Retail Development in the City $12,000,000 Annual Sales Tax Revenue from New Retail Development Excluding Market Support Bradley Burns Local Sales Tax Rate 1.0000% $120,000 Less Property Tax in Lieu of Sales Tax Rate -0.2500% ($30,000) Total Bradley Burn Sales Tax Revenue 0.7500% $90,000 Business-To-Business Taxable Sales Cumulative Office square Feet 198,000 Taxable Sales from On-Site Office Development $26,730,000 Annual Sales Tax Revenue from Business-To-Business Office Development Bradley Burns Local Sales Tax Rate 1.0000% $267,300 Less Property Tax in Lieu of Sales Tax Rate -0.2500% ($66,825) Total Bradley Burn Sales Tax Revenue 0.7500% $200,475 Source: U.S. Census Bureau, ULI; Co-Star Portfolio Strategy; KT Urban, C2K Architecture, Inc., ADE, Inc. [1] Sales per Square Foot from ULI Dollars and Cents 2008, and ADE's experience for office development in Cities of San Jose, Union City, Hayward, Pasadena, and San Luis Obispo. APPENDIX C-5 311 Page 28 | Applied Development Economics ESTIMATED ANNUAL TRANSIENT OCCUPANCY TAX REVENUES (2015$) ITEM ANNUAL FISCAL IMPACT Hotel Rooms [1] 190 Annual Rooms Available 69,350 Occupancy Rate [2] 45,078 Average Daily Room Rate [3] Estimated Annual Hotel Revenues $9,015,500 Annual Transient Occupancy Tax (TOT) $1,081,860 Source: KT Urban, ADE, Inc. [1] Hotel room numbers provided by KT Urban, as shown in Appendix B-2. [2] Assumptions based on recent hotel trends at 65%; ADE. [3] Average daily room rate provided by ADE, assume at $200. [4] Annual TOT rate at 12% provided by City of Cupertino. 312 Applied Development Economics | Page 29 APPENDIX D: EXPENDITURE- ESTIMATING PROCEDURE Appendix D-1 Residential Unit Expenditure Assumption Appendix D-2 Non-Residential Unit Expenditure Assumption 313 Page 30 | Applied Development Economics APPENDIX D-1 ANNUAL RESIDENTIAL UNIT EXPENDITURE ASSUMPTIONS EXPENDITURE ITEMS [1] ADJUSTMENT FACTORS PER PERSONS SERVED/CASE STUDY ESTIMATING PROCEDURE/DESCRIPTION MULTI-FAMILY MIXED-USE RESIDENTIAL PER CAPITA UNIT MULTIPLIER TOTAL BUILD OUT EXPENDITURES EXPENDITURE (2015$) General Government 8.16% n/a $58,399.36 Case Study Police 76.74% $166.84 $77,232 Per Person Served Public Affairs 76.74% $67.43 $31,217 Per Person Served Recreation and Community Services 100.00% $187.77 $113,265 Per Person Served Planning and Community Development 76.74% $138.58 $64,153 Per Person Served Public Works 76.74% $499.96 $231,439 Per Person Served Non-Departmental and Transfers 76.74% $427.88 $198,075 Per Person Served Total Annual Expenditure $773,780 Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; ADE, Inc. [1] Reflects the City of Cupertino Per Capita Expenditure. 314 Applied Development Economics | Page 31 APPENDIX D-2 ANNUAL NON-RESIDENTIAL UNIT EXPENDITURE ASSUMPTIONS EXPENDITURE ITEMS [1] ADJUSTMENT FACTORS PER EMPLOYEE/CASE STUDY ESTIMATING PROCEDURE/DESCRIPT ION OFFICE RETAIL HOTEL PER EMPLOYEE UNIT MULTIPLIER TOTAL BUILD OUT EXPENDITURES PER EMPLOYEE UNIT MULTIPLIER TOTAL BUILD OUT EXPENDITURES PER EMPLOYEE UNIT MULTIPLIER TOTAL BUILD OUT EXPENDITURES EXPENDITURE (2015$) General Government 8.16% n/a $12,961.37 n/a $1,429.73 n/a $3,781.75 Case Study Police 23.26% $275.28 $20,365.67 $275.28 $2,246.48 $275.28 $5,942.11 Per Persons Served Public Affairs 23.26% $111.26 $8,231.59 $111.26 $908.00 $111.26 $2,401.74 Per Persons Served Recreation and Community Services 0.00% $309.82 $0.00 $309.82 $0.00 $309.82 $0.00 Per Persons Served Planning and Community Development 23.26% $228.66 $16,916.78 $228.66 $1,866.04 $228.66 $4,935.82 Per Persons Served Public Works 23.26% $824.91 $61,029.05 $824.91 $6,731.94 $824.91 $17,806.50 Per Persons Served Non-Departmental and Transfers 23.26% $705.99 $52,231.18 $705.99 $5,761.47 $705.99 $15,239.54 Per Persons Served Total Annual Expenditure $171,736 $18,944 $50,107 Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; ADE, Inc. [1] Reflects the City of Pasadena Per Employee Expenditure 315 Page 32 | Applied Development Economics APPENDIX E: SUPPORTING REVENUE ESTIMATES Appendix E-1 Land Use Assumptions Appendix E-2 Average Income and Annual Taxable Retail Expenditures for Residential Units APPENDIX E-1 LAND USE ASSUMPTIONS (2015$) LAND USE ESTIMATED ASSESSED VALUE PER SF [1] ESTIMATED ASSESSED VALUE PER UNIT ESTIMATED TOTAL ASSESSED VALUE [1] AVERAGE ANNUAL TURNOVER RATE PERSONS PER UNIT/ SQ. FT. [2] VACANCY RATE [3] OCCUPIED UNITS [4] RESIDENTIAL FOR-SALE SCENARIO PER SQ. FT. PER DWELLING UNIT TOTAL AV PERSONS/ DWELLING UNIT High-Density Residential (HDR) [5] High-Density Residential Mixed Use (HDR) $400 $387,500 $80,600,000 14.0% 2.9 4.7% 208 Total $80,600,000 RESIDENTIAL RENTAL SCENARIO MONTHLY PER SQ. FT. AVG SQ. FT. PER UNIT PER DWELLING UNIT/YEAR High-Density Residential - Rental Apartments Scenario $3.11 944 $35,230 NONRESIDENTIAL PER SQ. FT. TOTAL AV SQ. FT./EMPL OYEE OCCUPIED SQ. FT. Office [6] Office $600 $118,800,000 6.7% 300 3.6% 190,872 Retail/Commercial (RC) [6] Retail (Groundfloor) $600 $24,000,000 6.7% 550 3.5% 38,600 Hotel [6] Hotel $500 $52,000,000 6.7% 550 10.0% 93,600 Community/Conference Center $500 $8,500,000 6.7% 1,100 - 17,000 Total $203,300,000 340,072 Source: U.S. Census Bureau, ULI; Co-Star Portfolio Strategy; KT Urban, C2K Architecture, Inc., ADE. Note: Residential For-Sale Scenario is excluded in the Analysis [1] Residential values and nonresidential values provided by KT Urban based on 2015$. [2] Based on average persons per household (population in occupied housing units in structure), ADE. [3] Vacancy rate for residential units derived from Co-Star Portfolio Strategy. Vacancy rates assumptions for office and retail based on long-term trends in commercial vacancy rates in the local market. [4] Occupied dwelling units and sq. ft. based on vacancy rate assumptions. [5] Property turnover rate at 7 years based on ADE research. [6] Property turnover rate at 15 years based on ADE research. APPENDIX E-2 316 Applied Development Economics | Page 33 AVERAGE INCOME AND ANNUAL TAXABLE RETAIL EXPENDITURES FOR RESIDENTIAL UNITS (2015$) ITEM ESTIMATED ASSESSED VALUE PER UNIT HOUSEHOLD INCOME AND RETAIL EXPENDITURES TOTAL ANNUAL MORTGAGE, INS., & TAX PAYMENTS [2] ESTIMATED HOUSEHOL D INCOME [3] TAXABLE EXPENDITURE AS % OF INCOME [4] AVERAGE RETAIL EXPENDITURE PER HOUSEHOLD Residential For-Sale Scenario AVERAGE HOUSEHOLD INCOME AVERAGE HOME VALUE PER UNIT PER UNIT PER UNIT PER UNIT High-Density Residential - For Sale Scenario [1] $387,500 $30,000 $75,000 Average Residential Retail Expenditure Average Residential Retail Expenditure 26.4% $20,000 Estimated Annual Residential Retail Expenditure $4,160,000 Estimated Retail Capture within the City [5] 65.0% Total Annual Residential Retail Expenditure $2,704,000 Total Taxable Retail Spending 67.0% $1,811,680 Total Taxable Retail Spending Per Condo Unit $8,710 Residential Rental Scenario AVERAGE HOUSEHOLD INCOME AVERAGE ANNUAL RENT % OF ANNUAL INCOME High-Density Residential - Rental Apartments Scenario $35,230 30.0% $117,434 Average Residential Retail Expenditure Average Residential Retail Expenditure 26.4% $31,000 Estimated Annual Residential Retail Expenditure $6,448,000 Estimated Retail Capture within the City [5] 65.0% Total Annual Residential Retail Expenditure $4,191,200 Total Taxable Retail Spending 67.0% $2,808,104 Total Taxable Retail Spending Per Rental Unit $13,501 Source: U.S. Census Bureau, ULI; KT Urban, C2K Architecture, Inc., Bureau of Labor Statistics (BLS), Consumer Expenditure Survey, 2012; ADE. Note: Residential For-Sale Scenario is excluded in the Analysis [1] Excluded in the Analysis [2] Variable-Density Residential: based on a 6%, 30-year fixed rate mortgage with a 20% down payment and 2% for annual taxes and insurance. Values have been rounded to the nearest thousand dollars. Assume annual rent is 30% of annual income [3] Assumes mortgage lending guidelines allow no more than 40% of income dedicated to mortgage pa yments, taxes and insurance. [4] Average annual taxable retail expenditures per household used to estimate a nnual sales tax revenues. Taxable expenditures as a percentage of income based on data gathered from the 2012 Consumer Expenditure Survey publishe d by BLS and ADE's proprietary retail analysis. [5] Captured rate based on proximate retail leakage study in the City of Cupertino. 317 Office Market Analysis, Mixed-Use Assessment Stevens Creek Boulevard Project Site Prepared for: KT Urban, LLC Prepared by: Applied Development Economics, Inc. 255 Ygnacio Valley Road, #200, Walnut Creek, CA 94596  925.934.8712 99 Pacific Street, #200 J, Monterey, CA 93940  831.324.4896 www.adeusa.com July 8, 2015 318 319 Applied Development Economics TTAABBLLEE OOFF CCOONNTTEENNTTSS SUMMARY ................................................................................................................. 1 Office Market analysis and Mixed-use assessment .......................................................... 3 Introduction and Summary .................................................................................................... 3 Key Findings ........................................................................................................................ 4 Office Market Analysis ..........................................................................................................10 Mixed-Use Market Assessment ..............................................................................................12 Attachment 1 ........................................................................................................... 14 320 Applied Development Economics | Page 1 SSUUMMMMAARRYY KT Urban (“Project Owner”) retained ADE to provide an office market analysis, a mixed-use market assessment, and a fiscal impact analysis related to the viability of the proposed mixed-use development (“Project”) on Stevens Creek Boulevard (“Project Site”) in the City of Cupertino (“City”), California. Specifically, the analyses includes the following: evaluation of the office market capacity in the City and surrounding sub-market area of Silicon Valley; assessment of currently planned and developing mixed-use projects in the regional market; and estimation of the net fiscal impact of development of the Project at build out, with the mixture of programmatic uses including high-density residential rental, ground floor retail, office, and hotel. Below is a summary of the key findings and conclusions from these analyses. Following this summary are the detailed technical analyses (Section 1– Office and Mixed-Use Market Analysis- Mixed-Use Assessment; Section 2 – Fiscal Impact Analysis; Attachment 1 – Tables, Figures Relating to Section 1). Office Market Analysis  Population and employment growth in the City of Cupertino suggests a continued strong demand for office and mixed-use development.  Projected office demand in the regional market increases substantially through 2019.  A strong tech industry and related employment sector will drive office demand in the future.  Class A office space in the Project Site is likely to be highly demanded from the regional market, including local business expansion or relocation of office uses in the City Future office space in the Project Site is conveniently located near major access and arterial corridors.  The majority of existing office inventory in the Cupertino submarket consists of aging Class B and C spaces, and does not reflect current work patterns and needs.  The City is a major regional employment center, and the office market is strong relative to other submarkets in the region.  New office development results in a greater local job multiplier effect, and provides greater local resources from these jobs compared to other land uses.  High-tech office workers bring consistently higher wage earners to the submarket in Cupertino compared to employees in other types of land uses, and provide additional resources to support schools, retail, and other types of amenities. Mixed-Use Assessment  Mixed-use projects combining ground-floor retail, hotel, residential, and office uses are an attractive land use mix in the Project Site and region. 321 Page 2 | Applied Development Economics  The addition of a new mixed-use project at the West end of Stevens Creek Blvd. can be a defining land use that anchors the community, and the western end of the Heart of the City Specific Plan area.  As with many mixed use projects, the Project Site development program can mitigate land use impacts, such as traffic generation, through the proportional balance of the mix of uses. Conclusions The findings of these analyses identify significant overall market support for office development, a strong likelihood of success for a mixed-use development at this location, and a positive net fiscal impact for the City of Cupertino. This conclusion, in turn, supports the Project Site’s development feasibility, and if constructed, could provide significant subsequent community benefits supporting the City’s overall economic development and land use policy objectives, as recently expressed in the General Plan Update and the Heart of the City Specific Plan. 322 Applied Development Economics | Page 3 OOFFFFIICCEE MMAARRKKEETT AANNAALLYYSSIISS AANNDD MMIIXXEEDD-- UUSSEE AASSSSEESSSSMMEENNTT INTRODUCTION AND SUMMARY The purpose of the market analysis (“Analysis”) is to evaluate the market potential that influences the office and mixed-use market segments for future development at Stevens Creek Boulevard (“Project Site”) in the City of Cupertino (“City”), California. ADE prepared this Analysis for KT Urban to assess the real estate trends and market potential for office and mixed-use development in the market surrounding the Project Site to ascertain the market support for future development. The underlying market matrices used to evaluate the office market capacity in the City include overall market trends, rental and sale prices, vacancy and absorption rates, and other significant characteristics. The primary market area is defined as the City of Cupertino, and the secondary market is defined as the regional context within Santa Clara County, including the Cities of Milpitas, Mountain View, Sunnyvale, and Palo Alto. Selected submarkets in the Bay Area, including San Jose submarkets and the City of Fremont, are assessed for the mixed-use development market potential. ADE compared multiple data sources including: The Association of Bay Area Governments (“ABAG”), Department of Finance (“DOF”), REIS, Co-Star, Collier’s, Real Capital Analytics, information from the City of Cupertino, as well as interviews with local commercial real estate brokers. These data sources were used to inform the Analysis and subsequent evaluation of the office and mixed-use development for the Project Site. While future demand for office space is a direct function of employment growth and market demand, the recent surge of demand for office space in the City and the market area is expected to continue in the next five years. While in the past few years vacancy rates remained between 1.3 to 1.9 percent since 2012, the City is primarily a Class B and C office market due to supply constraints resulting from limited land availability and an aging office inventory. However, with the presence of multiple technology company headquarters, a strong tech employment base, a decrease in the unemployment rate, low vacancy rates causing rent increases, and an increase in recent construction activities, the office market exhibits a strong demand in the region and will likely continue in the foreseeable future. The findings of the Analysis further identified the healthy market support for Class A offices, which also have a strong demand in the City over the next five years. Class A office space in the City accounts for approximately 32.4 percent of total inventory in 2015. Future office demand is projected to be strong in the City, with an estimate of 940,000 SF feet of inventory through 2015, and approximately 5,130,000 SF of inventory within the next 5 years through year 2019. While the new single-tenant Apple Campus, which is a built-to-suit office, will consume nearly half of the projected Class A office demand in the City, the market supply will be absorbed quickly and there will be significant demand remaining for additional office development. 323 Page 4 | Applied Development Economics 0 20,000 40,000 60,000 80,000 100,000 120,000 Cupertino Milpitas Mountain View Palo Alto POPULATION ABAG Population Projection 2010 2015 2020 2025 2030 2035 2040 In addition, the Analysis also illustrates a strong market support for additional mixed-use development in the City of Cupertino and in the regional market areas. Specifically, the Project Site’s configuration and mix of proposed programmatic uses, which include residential, office, retail, and hotel, is expected to thrive at this specific site location in support of the continued growth of local population, employment, and overall future demand. KEY FINDINGS The market study, which examines the market potential of office and mixed-use development near the Project Site and surrounding regional area, results in the following conclusions: SOCIOECONOMIC ASSESSMENT  Population and employment growth suggest a continued strong demand for office and mixed-use development. The City is projected to add more than 12,898 new residents by 2040, and is expected to capture approximately 3 percent of future population in the region. The City is estimated to increase the number of jobs by 7,020, translating into an average compounded annual growth rate of 0.9 percent. The increases in population and jobs indicate strong demand for residential and office space in order to meet the office and housing needs of the expanding population. 1 (Figure 1) FIGURE 1 PROJECTED REGIONAL SUBMARKET POPULATION AND EMPLOYMENT GROWTH Source: Association of Bay Area Government, ADE, Inc. 2015 1 Association of Bay Area Government Population and Employment Projections 2013, ADE, Inc. 324 Applied Development Economics | Page 5 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 2010 2015 2020 2025 2030 2035 2040 ABAG Employment Projection Palo Alto Mountain View Milpitas Cupertino FIGURE 2 PROJECTED REGIONAL SUBMARKET POPULATION AND EMPLOYMENT GROWTH Source: Association of Bay Area Government, ADE, Inc. 2015  A strong tech industry and employment sector will drive office demand in the future. The City’s strong tech employment base will likely drive office demand in the next five years. With the assumption of full occupancy of the new Apple Campus of 2.8 Million SF, coupled with existing inventory supply constraints and the market’s projected strong future demand, it is likely the market will quickly absorb additional future office development. (Figure 2)  Projected office demand in the regional market increases substantially through 2019. The projected demand in the region indicates strong prospects for developing new office space in the region. After 2015, the City is expected to add 4,621,000 SF of office space by 2019, nearly doubling the total office demand in the next five years. While positive office absorptions average only 72,000 SF per year since 2003, the City is projected to have an average annual absorption of 302,000 SF through 2019. The market projection indicates strong demand for additional office space supported by an increase in employment growth in the City and the region, in addition to low vacancy rates, steady increase in rents, increase in construction activities, and an overall decrease in the unemployment rate. 2 (Figure 3) 2 Co-Star Portfolio Strategy 2014 Q3, Association of Bay Area Governments, ADE, Inc. 325 Page 6 | Applied Development Economics FIGURE 3 PROJECTED CITY OF CUPERTINO OFFICE ABSORPTIONS Source: City of Cupertino Office Market, Co-Star Portfolio Strategy 2014 Q3 OFFICE MARKET ANALYSIS  Class A office space in the Project Site is likely to be highly demanded by local business expansion or relocation in the City. The City of Cupertino is a major regional employment center for multiple tech companies, and has a current lack of general Class A and built-to-suit inventory. Continued job growth, company expansion needs, and strong demand for professional, business, and personal services, will drive demand for additional Class A office space in the City.  Future office space in the Project Site is conveniently located near major access and arterial corridors. The Project Site is situated near I-85 and Stevens Creek Blvd., an easy access to major arterial corridors that will likely attract future office and retail tenants, which will also serve the local population. In addition, the presence of the Santa Clara Valley Transit connecting to the light rail and Bart stations is likely to be an attractive feature for future office tenants.  The majority of existing office inventory in the Cupertino submarket consists of aging Class B and C spaces and does not reflect current work patterns. With the predominant workforce demographic of Millennial, traditional office configurations and design are changing significantly, rendering even many new Class A office spaces outdated. This inside-out, build-to-suit type office product challenges traditional office inventory with higher ceilings, larger floor plate sizes, and more unobstructed space.3 The new Apple and NVIDIA 3 Peter Weingarten, “Workplace Transformation: How Human Capital is Impacting Investment in Real Estate”, Posted February 27, 2015, http://www.nareim.or/viewpoints/workplace-transitions-how-human-capital-is- impacting-investment-in-real-estate/ 326 Applied Development Economics | Page 7 campuses are testament to this new hyper-connected and programmed floor plan and design. The majority of Cupertino’s current office inventory is Class B and C, and does not reflect the demand for the new design prototype. As a result, this limits the ability for existing aging inventory to attract and retain technology companies who want to grow and be located close to the Apple Campus, or located in the vicinity of other primary industry drivers. Additionally, Cupertino has the lowest concentration of Class A office space in the submarket area. Interviews with City staff indicate recent departures of companies, including the large electric vehicle charging station company ChargePoint and other large corporations from the City, due to lack of available office space that meet these specific programmatic needs.  The City is a major regional employment center and the office market is strong relative to other submarkets in the region. With high lease rates per square feet, coupled with low vacancy rate in 2014, the City is one of the strongest office submarkets in the region in comparison to Milpitas, Mountain View, and Palo Alto. MIXED-USE ASSESSMENT  Mixed-use projects combining ground-floor retail, hotel, residential, and office uses are an attractive land use mix in the Project and region. This type of development is attractive in the region and appropriate for the Project where a high concentration of population, businesses, and vehicular and pedestrian traffic exist, particularly due to the proximity of the De Anza College, Stevens Creek Blvd., and Highway 85. The concept plan for The Oaks site development appears to be one of the most balanced and market responsive mixed-use developments in comparison with other projects that are either under construction or currently in the planning process in the City and the region.  The addition of a mixed-use project at the West end of Stevens Creek Blvd. can be a defining land use for the community. Much in line with the policy objectives of the Stevens Creek Corridor Plan and the proposed General Plan Update, the location of the Project Site can provide a western urban edge to the community’s core. With the building heights and mix of uses, this Project Site can complement the dominant land use in the area - the large college across the boulevard - and help to define the western boundary of the city’s core, providing a logical demarcation for density and height, before transitioning to lower scale commercial and residential development across Highway 85. COMMUNITY BENEFITS  New office development results in a greater local job multiplier effect and greater local resources compared to other land uses. Office uses in the Project Site will most likely be occupied by the high-tech industry. Recent studies have shown that high-tech companies have a significantly higher local job multiplier at 4.3 jobs for every high-tech worker, higher than a traditional manufacturing use of 1.4 additional jobs, and well above other land uses of commercial or residential. 327 Page 8 | Applied Development Economics  High-tech office workers bring consistently higher wage earners to the submarket in the City of Cupertino, compared to employees in other types of land uses. Additional employees with these higher wages will provide added resources for schools, retail, and other types of amenities.4 The Project Site potentially mitigates land use impacts through the proportional balance of the mix of uses. Many of the other mixed- use sites in the City and in the submarket have a predominance of a single land use, such as residential or retail, which outpace the demand from the other land uses on the Project Site to support it, consequently creating a natural in- and-out migration to the site through the surrounding community. Alternatively, the programming mix at this Project Site appears to be a model for the City and region, balancing relatively equal-sized land uses in terms of demand. The number of residential units are balanced with the amount of office space, and is supported by the hotel, all benefiting from a moderate amount of ground floor retail. With a balanced site mix, in-and-out migration is reduced, thus lessoning the negative impacts to the surrounding community, such as traffic generation. 4 Bay Area Council Economic Institute, Technology Works: high-Tech Employment and Wages in the United States, December 2012. 328 Applied Development Economics | Page 9 OFFICE PRODUCT DEFINITION For this Analysis, office building types are typically defined as high rise (higher than 15 stories), midrise (4 to 15 stories), low rise (1 to 3 stories), garden office (1 to 5 stories with extensive landscaping), creative office space, R&D, and Flex spaces. In the City, the majority of the existing office inventories were Class B office space until recent construction of Class A office space. ADE uses the most recent industry reports and office product definition from Co-Star Portfolio Strategy to define typical classes of office products, as follows: TYPICAL OFFICE PRODUCT TYPES 1. Class A (4 to 5 Star) Investment grade building that command the market’s highest rents and attract credit - worthy tenants. Typically new, highly competitive building at excellent location. 2. Class B (3 Star) Office buildings in good location and management that are well maintained. 3. Class C (1 to 2 Star) Substantially older buildings compared to Class A and Class B located in less desirable location. 4. Owner-occupied buildings Office building leased or owned by a single tenant. 5. Build-to-suit development Office building designed and constructed for a particular tenant. 6. Spec buildings Single or multi-tenant building design without specific tenant commitments. For references related to office market analysis within this memorandum, please see the tables and figures in Attachment 1. MIXED-USE PRODUCT DEFINITION Mixed-use development is typically characterized by an active, pedestrian-friendly environment through effective programming and design of a mix of uses that result in a thriving product, defined by a single tower or complex planning development. ADE characterized these developments by the following:  Three or more significant revenue-product uses (such as retail/entertainment, office, residential, hotel, and/or civic/cultural/recreation) within a project that is mutually supporting.  Significant physical and function integration of project components, including uninterrupted pedestrian connections.  Development in conformance with a coherent plan (that frequently stipulates the type and scale of uses, permitted densities, and related items.) 329 Page 10 | Applied Development Economics ADE reviewed the City’s website and published articles from the Silicon Valley Business Journal and identified current and upcoming pipeline mixed-use development projects in the City and the regional markets, including San Jose submarkets and the City of Fremont for comparable development. The mixed-use developments that are currently under construction or have recently been approved are characterized by projects with three or more programmatic uses, including residential, office, retail and commercial, hotel, or a combination of each in the product or plan. While there are no residential projects that have industrial uses, all mixed-use projects in the City and region include a residential component, with several projects combining residential and office uses only, and others with residential and retail only. A majority of mixed-use developments have all residential, office, and retail uses within a single physical structure or plan. In addition, a majority of the mixed-use development residential uses are multi-family, which includes rental apartments, townhomes, and/or market-rate condominiums. Several projects include residential and unspecified “commercial” spaces, which can be characterized by either retail or office uses. For more detail on each project, please see Appendix 4 Mixed-Use Project Summary. OFFICE MARKET ANALYSIS Between the years of 2003-2015, the City’s average annual demand (Net Absorption) is 72,000 SF at a growth rate of approximately 1.7 percent. Approximately 36,000 SF of office inventory are delivered on an annual average basis, resulting in a slight undersupply of office space until 2013. (See Table 2 and Graph 2 of Attachment 1). The total office inventory stayed at approximately 4.5 to 4.6 Million SF between 2003 to 2014, until recent development by Sand Hill Property added another 260,000 SF of office space on Stevens Creek Blvd. Based on historical trends, the office supply and demand remain fairly consistent between 2003 to the past year, with a small overall positive absorption on an annual average basis. A close examination of the impact of the new Apple Campus yields a significant increase of office supply on the market in 2016, with an addition of another 200,000 SF of proposed office space, the Cupertino office market may have a more aggressive projected demand due to the construction of the new Apple Campus. Since the new 3 Million SF space is a built-to-suit office space for Apple, the market is projected to absorb the supply immediately. Additionally, subsequent growth of office space in the City is expected due to the strong tech presence in the region, the new development of the Apple Campus, and subsequent secondary and tertiary businesses that may move to the City as a result of the new development (e.g., the desire of Apple hardware and software suppliers to locate near the campus). The impact of the new development results in a projected office space inventory of 9.5 Million SF in 2019, and 636,000 SF of office space demand in the same year. The additional supply and demand yields an average of 302,000 SF of annual absorption between the years of 2003-2019. The projected average annual office demand will increase by 200,000 SF with the presence of the new Apple Campus, which reflects positively on the market demand in the City in the near future. (See Table 2) 330 Applied Development Economics | Page 11 As such, due to land supply constraints, long-term office forecast demand in the City beyond 2019 may hinge on the long-term plans for the Apple Campus. However, with strong tech industry base and projected growth of the industry in the City and nearby sub-markets, it is likely the office market will be able to support incremental office development after the construction of the new Apple Campus is completed. (See Figure below Table 2) SUPPLY AND DEMAND The recent surge of demand for office space in the City is expected to continue in the next five years. While historically, there was no office supply in the City for Class A (4 to 5 Star offices) between 2003 to 2014, average annual demand (net absorption) for Class A was 15,000 SF. Despite the lack of construction activities prior to 2014, the City’s office market has been very active in the past two years, thus, ADE evaluated the projected supply based on both historical trends before 2015, and the market supply once the new Apple Campus is completed. Additionally, there was more Class B (3 Star) office space constructed in 2008 and 2009 compared to Class A and C office space, with an estimate of 170,000 SF of new RBA (Rentable Building Area). Annual average absorption of this office type was approximately 36,000 SF. There were very few activities for Class C (1 to 2 Star) office space, with only 24,000 SF constructed in 2005. The City has experienced an average annual absorption of Class C office 9,000 SF since 2003. (See Tables 3 to Table 5) VACANCY AND RENT The office vacancies, on average, have been on a steady decline since 2011, but is projected to increase steadily after 2016 for all office product types. Overall Gross Asking Rent is projected to increase for all office classes (A, B, and C) with the recent, significant new supply and positive absorption trends, and the vacancy rate for Class A office has increased for the Region since the recession, to 17.1 percent in 2014. Class A office has an average annual vacancy rate of 6.2 percent since 2011, the lowest compared to other project types. Class B office is expected to continue with steady growth with recent decrease in vacancy rate since the recession, coupled with increase in Gross Asking Rent. Historically, this office class has been the strongest, compared to Class A and Class C office space. Class C office space had a steady increase in Gross Asking Rent and stable vacancy rates, at an approximate range of 2 to 3 percent in recent years. (See Tables 6 to Table 9) SALES AND TRANSACTIONS TRENDS The City has rebounded since the recession and less office inventory has been sold in the market in recent years. The majority of transactions were Class B and C offices, and Class A office market had relative few activities overall in comparison. The median sales price for office space in the City has consistently been higher than the San Jose Metro Market sales price, except for 2009. This indicates a relatively healthy office market compared to the rest of the metro submarkets. The majority of the recent office space sold in recent years has been purchased by private investors, with the largest transactions by several large private and publicly traded institutional investors, between 2010 and 2013. (See Tables 10 to 15) 331 Page 12 | Applied Development Economics PIPELINE AND RECENT DELIVERIES The recent delivery in the City is an estimate of 200,353 SF office space developed between 2004- 2008. While there were few office construction activities in the past decade, recent development began in 2014, with two 130,000 SF offices on Stevens Creek Blvd., and the new 2.8 Million SF Apple Campus on Wolfe Road. All three projects are expected to be completed in 2015 and 2016. Additionally, there are currently two proposed office developments that are not yet entitled, with an expected total of approximately 253,406 SF of additional new office space to be delivered on the market in the foreseeable future. (See Table 16) REGIONAL CONSTRUCTION ACTIVITIES The City’s office market recovery has been significant compared to the region, and is one of the strongest submarkets in the region. It represents approximately 4.3 percent of total construction delivery in the San Jose metro market. The City’s market demand is projected as the fifth strongest submarket in the region, and is expected to grow in the next five years. Supported by continued growth in the tech industry employment and a strong employment base, the additional supply of the new Apple Campus positions the City to rank first in construction delivery. (See Table 17 and Appendix 1) MIXED-USE MARKET ASSESSMENT Office uses have historically been the driving force behind many mixed-use projects. Careful evaluation of the office market determines the market support for office components in the mixed- used development, and the potential of the programmatic mix enhances the office component in the City. The evaluation of mixed-use projects in adjacent submarkets shows similar scale development that may be comparable to the proposed Project Site. The assessment in Attachment 1, Appendix 4 shows approximately 42 mixed-use developments that are currently planned and under construction in the City and the region. ADE calculated the average mixture of programmatic uses for these projects with the following result: 450 residential units; 244,000 SF of Class A, B, and C office space; 183 rooms in a hotel development; and 232,000 SF of retail and non-specified commercial space. These averages reflect several larger mixed-use development projects, particularly projects with office and retail uses. The evaluation excludes the Vallco Project in the City, as it is not yet entitled or under construction. Among the 42 mixed-use projects identified, six projects occupy a site that is similar in size to the Project Site in the City. One of these projects, by the developer Sand Hill Property, is the Main Street Cupertino project, and includes a mixed-use development under construction consisting of 120 lofts/studios residential units, 260,000 SF of office space, 183,000 SF of retail, and a 180 hotel rooms. In the City’s adjacent submarkets within Santa Clara County, there are approximately ten mixed-use developments in Sunnyvale, with only one at a similar scale to the proposed Project Site. According to the City of Sunnyvale’s project development website, the proposed mixed -use project by Quattro Realty Group includes 292 high-density residential units, 1 Million SF of office space, 275,000 SF of retail space, and a movie-cinema. 332 Applied Development Economics | Page 13 In the City of Mountain View, the approved Merlone Greir project on 405 San Antonio Road is a mixed- use project that includes 360,900 SF of office, 107,800 SF of retail, a movie theater, and 167 hotel rooms, and does not include a residential component. It is located next to the Pillar Group on 420 San Antonio Road, which include 373 apartments and 10,000 SF of retail space. While both projects are smaller in scale compared to the Project Site, the combination of both mixed-use development result in similar scale comparable to the proposed Stevens Creek Project Site. The Irvine Company's new Mixed-Use Village project in the City of Santa Clara consists of 2,000 residential apartments units, 612,000 SF of office space, and 125,000 SF of retail space. The office and retail space is currently under construction, and they have decided in recent plans to add the additional 2,000 apartment units, thus positioning the project to be at larger scale mixed-use development. A general overview of the East Bay shows Lennar Homes’ proposal of a major project in the City of Fremont. This project is expected to be located adjacent to the Fremont's Warm Spring BART Station, and in close proximity to the Tesla Plant. It will consist of approximately 2,200 high-density residential units and 1.4 Million SF of commercial space, which include both retail and office space. The proportion of retail and office uses is unknown. In conjunction with the office market analysis that determines the market support for the Project Site and a comparison with similar scale mixed-use development, the Stevens Creek Project Site is likely to be absorbed due to strong projected demand of office space and low vacancy level. The comparable recent mixed-use development and office square feet within the programming mix is comparable in size with projects of a similar scale. The proposed Project’s residential, retail, and hotel uses enhances the attractiveness of the office uses, and comprises predominantly residential uses with 263,600 SF of market-rate and senior housing, following by office uses of 200,000 SF. The programming mix of the Project appears in similar scale to other mixed-use projects, and appears to be one of the more balanced projects in the region as indicated by the average square feet of residential, office, retail, and hotel space as noted above in a fairly compact site. As such, this configuration is very compatible with principles of sustainable land use development as exemplified by the efficient use of land, access to public transit, balance of jobs and housing to reduce commuting, etc., that are often key objectives of mixed-use development projects. 333 Page 14 | Applied Development Economics ATTACHMENT 1 334 The Oaks Commercial Retail Development Fiscal Impact Analysis Prepared for: KT Urban, LLC Prepared by: Applied Development Economics, Inc. 255 Ygnacio Valley Road, #200, Walnut Creek, CA 94596  925.934.8712 99 Pacific Street, #200 J, Monterey, CA 93940  831.324.4896 www.adeusa.com October 16, 2015 335 Applied Development Economics, Inc. TTAABBLLEE OOFF CCOONNTTEENNTTSS SUMMARY ................................................................................................................. 1 Revenue-Estimating Methodology ........................................................................................... 4 Expenditure-Estimating Methodology ...................................................................................... 7 Fiscal Impact Results ............................................................................................................ 8 Technical Appendices ............................................................................................................ 8 Appendices .......................................................................................................................... 9 336 Applied Development Economics | Page 1 SSUUMMMMAARRYY INTRODUCTION KT Urban (“Property Owner”) retained Applied Development Economics, Inc. (ADE) to examine the potential fiscal impact of The Oaks Development (“Project”), an existing commercial retail development of approximately 63,995 sq. ft. located in the City of Cupertino (“City”) in Santa Clara County (“County”). This fiscal impact analysis (“Analysis”) examines the Project’s estimated fiscal impact on the City’s annual General Fund budget. Specifically, the Analysis estimates whether projected revenues from the Project will adequately cover the costs of delivering citywide services (e.g., police protection, and parks and recreation, etc.) to the Project’s residents and employees. The Analysis is based on the assumption that these services will be provided by the City. The results estimate the current annual fiscal impact of the Project. ADE has prepared this Analysis on behalf of the Property Owner without a dialogue with City staff regarding the City’s budget. As described herein, certain expenditure calculations could be refined once the City is engaged in the discussion and certain budget-related questions can be resolved. PROJECT OVERVIEW The Project is located in the South Bay region of the San Francisco Bay Area. It is located in the northwest area of Alameda County, south of City of Sunnyvale and west of City of San Jose. The Project site is located south of the existing Interstate 280 near the intersection of I-85 and Stevens Creek Boulevard. The Project has approximately 46,442 square feet of ground floor commercial retail and 17,553 square feet of commercial office. The Project’s commercial office and retail spaces is categorized in Table C- 2C. Office spaces include approximately 8,308 square feet of space leased by Dance Academy, 8,134 square feet of space occupied by ELS Educational Services, and 1,111 square feet of space occupied by Leapstart. The remaining Project space serves as commercial retail space. The Analysis does not include revenue or costs generated from parking. Table B-2 summarizes the Project’s existing land use. OVERVIEW OF RESULTS The draft Analysis yielded the following results: 1. The annual revenues are estimated to exceed annual expenditures. The Analysis estimates the Project will result in an annual net fiscal surplus of approximately $115,513 for the City’s General Fund. 2. Sales Taxes comprise the largest General Fund revenue sources, followed by Property Tax. The Project’s sales tax is approximately 63.73 percent of total General Fund revenue, and property tax consist of a total of approximately 13.56 percent of potential General Fund revenues. 337 Applied Development Economics | Page 2 3. Public Works drives the greatest estimated costs at 35.54 percent, with the Non- Departmental Transfers expenditure at 30.41 percent, and Police Services comprising 11.86 percent of the new General Fund expenditures at buildout. This finding is consistent with the City’s current operating budget, under which the Public Works accounts for 29 percent and Non-Departmental and Transfer categories at 32 percent represent majority of existing General Fund expenditures in the Final Adopted Operating Budget for FY 2014/2015. 4. Office and retail development generate approximately $56,438 and $221,483 of total gross revenue, respectively. The office uses accounts for approximately 20.96 percent of total annual gross revenue at buildout. Retail uses accounts for the majority of the tax revenue on the existing development, at an estimated of 79.04 percent of total current Project revenue. FIGURE 1 EXISTING FISCAL IMPACT SUMMARY GRAPH Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; KT Urban, ADE, Inc. MEMORANDUM ORGANIZATION The data, assumptions, and detailed calculations underlying the Analysis are provided in the following four appendices attached to this memorandum:  Table A contains the fiscal impact summary for each land use, and the City of Cupertino’s final adopted budget for fiscal year 2014-2015.  Table B contains the land use plan and detailed valuation assumptions, including population and employment factors, and land use assumptions.  Table C contains detailed revenue estimates and revenue-estimating assumptions, and detailed sales per sq. ft. data provided by KT Urban.  Table D contains detailed expenditure estimates and expenditure-estimating procedures.  Table E contains estimated project assessed valuation assumptions. $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 Total Project Revenues Total Project Expenditures Existing Net Impact An n u a l G e n e r a l F u n d D o l l a r s The Oaks Mixed-Use Development Fiscal Impact 338 Applied Development Economics | Page 3 METHODOLOGY AND ASSUMPTIONS This section details the underlying methodology and assumptions used to estimate the fiscal impact of the Project on the City. It describes assumptions concerning municipal service delivery, land development, and General Fund budgeting. In addition, it details the methodology used to forecast the Project’s General Fund revenues and expenditures. The Analysis examines the existing Project’s ability to generate adequate revenues to cover the City’s costs of providing public services to the Project. The services analyzed in this Analysis include General Fund services (e.g., police, recreation and community services, and general government). The Analysis excludes any services that may be funded privately, and services funded by user rates or other enterprise funds. In addition, this Analysis also does not include an evaluation of capital facilities, capital improvement costs, or funding of capital facilities. GENERAL ASSUMPTIONS The Analysis is based on the City of Cupertino’s Fiscal Year (FY) 2014-2015 adopted operating budget, tax regulations, statutes, and other supplemental information from the City. Each revenue item is estimated based on current State legislation and current City practices. Future changes by either State legislation or County and City practices can affect the revenues and expenditures estimated in this Analysis. The City’s operating budget cost categories are shown in Table A-3. ADE adjusted the cost categories and allocated the cost by department, based on expenditure stated in each department costs, as shown in Table A-4. For the expenditure items, all one time costs and salaries are adjusted, and all costs and revenues are shown in constant 2015 dollars. General fiscal and demographic assumptions are detailed in Table B-1. The Analysis also uses information from the Property Owner, as well as historical data and projected demographic data from the California Department of Finance (DOF), U.S. Census, U.S. Bureau of Labor Statistics, and the City of Cupertino. This Analysis also uses other critical assumptions that affect the Project’s value including: non- residential product types, employee/sq. ft., and vacancy rates in the City’s current real estate market, as shown in Table E-1. The results of this Analysis will vary if the development plans or other assumptions change from those included with this Analysis. GENERAL FUND REVENUE- AND EXPENDITURE-ESTIMATING ASSUMPTIONS This Analysis considers only discretionary General Fund revenues that will be generated by the Project. Offsetting revenues, which are General Fund revenues that are dedicated to offset the costs of specific General Fund department functions, are excluded from this Analysis. Departmental costs that are funded by offsetting revenues that are not affected by development are also excluded from this Analysis. Table C-1 shows the revenue-estimating procedures on a per-persons served and case study bases, and includes the offsetting revenues from the Analysis as shown in TableA-4. Table D-1 shows the expenditure-estimating procedures on a per persons served and case study basis, and also includes the offsetting revenues. 339 Applied Development Economics | Page 4 DEVELOPMENT AND ANALYTICAL ASSUMPTIONS The results of this Analysis are based on the following assumptions. Below is a brief summary of the land use and other development-related assumptions:  Land Use—This Analysis uses the Land Use assumption provided by the Property Owner from email correspondence dated August 27th, detailed in Table B-2 and C-2B. The Analysis examines the current fiscal impacts of the Project, and the summary tables are detailed in Table A-1 and A- 2.  Employee Estimates—Employee estimates are calculated using average square feet-per- employee and vacancy rates based on existing real estate market data. The Analysis uses 300 sq. ft.-per-employee for General Office, and 550 sq. ft.-per-employee for Ground floor Retail space. A vacancy rate of 10.2 percent is assumed for commercial office and retail spaces based on information provided by the Property Owner, as shown in Table E-1.  Nonresidential Assessed Value—The estimated assessed valuation per square feet of nonresidential development is based on information provided by the Property Owner and comparable market data. Estimated current assessed values for the total Project are calculated in Table E-1.  Property Turnover Rates—The Analysis assumes nonresidential units would turn over once every 15 years. The calculation for residential properties is not evaluated in the analysis.  Persons-Served Methodology—In estimating service demands of the Project and the City, ADE uses a factor of 0.5 resident-equivalents per employee to approximate the service demands of an employee in the Project’s nonresidential land uses as compared to a Project resident. The total Persons Served is calculated as the sum of the total population plus half of the total employees in the City.  Per Capita Methodology— The estimates for revenues and expenditures that assume only residents have a fiscal impact on City’s revenue, including general fund categories such as non- departmental and transfer. For this analysis, ADE uses per persons served and not per capita to estimate the service cost for the general population.  Sales Tax Per Sq. ft.—The average sales tax per Sq. ft. of tenant at the Project was estimated to forecast the Project’s net fiscal impact for commercial office and retail spaces, using the ULI Dollars and Cents of Shopping Centers in 2008 and inflated to 2015 dollars, as described in Table C-2C. REVENUE-ESTIMATING METHODOLOGY ADE used either a case-study approach or a per persons served approach to estimate Project-related General Fund revenues. The case-study approach simulates actual revenue generation resulting from new development. The case-study approach for estimating sales and use tax revenues, for instance, forecasts market demand and taxable sales generated by the Project’s on-site retail. Case studies used in this Analysis are discussed in greater detail later in this section. The average-revenue approach uses the City’s FY 2014-2015 budgeted revenue amounts on a citywide per capita or per-persons-served basis to forecast revenues derived from estimated residents of the Project. 340 Applied Development Economics | Page 5 Revenue sources that are not expected to increase as a result of development are excluded from this Analysis. These sources of revenue are not affected by development because they are either one-time revenue sources not guaranteed to be available in the future or there is no direct relation between increased employment growth and increased revenue. Some of these sources include department director salaries, as shown in the adjusted budget in Table A-4. A listing of all City General Fund revenue sources and the corresponding estimating procedure used to forecast future Project revenues is shown in Table C-1 and summarized in the table below. PROPERTY TAX Estimated annual property tax revenue resulting from development in the Project is presented in Table E-1 based on the residential property access value from the Property Owner. To be consistent with the City’s budget data, the estimated assessed values for Project land uses are presented in constant 2015-dollar values—real growth in assessed value is not estimated. The share of property taxes available for the City General Fund from the County is approximately 5.6 percent of the 1 percent Property Tax allocation, while the County receives 34.5 percent and 8.6 percent is allocated to the Educational Revenue Augmentation Fund (ERAF). ADE calculated a percentage factor of property tax is estimated to be 8.8 percent, which include Property Tax In Lieu of Vehicle License Fee (PTIL VLF) and Property Transfer Tax. The percentage is calculated by dividing the current property tax revenue from the adopted operating budget by the Citywide assessed value, which yields a percentage higher than the 5.6 percent the County allocates to the City and includes both PTLF VLF and Property Transfer Tax. SALES TAX Sales tax revenues are based on taxable sales generated within the City. The sales tax components examined in this Analysis include the Bradley-Burns 1-percent Local sales tax rate and a revenue- neutral factor to estimate the State-mandated exchange of 25 percent of sales tax revenue for property tax, the Property Tax In-Lieu of Sales Tax, also known as, Triple Flip. Estimated sales tax and property tax in-lieu of sales tax revenues to the City are summarized in Table C-1, C2, C2A, C2B, and C2C. The Analysis uses the retail sales per sq. ft. methodologies to estimate taxable sales generated by the Project: Retail Space Method (Retail Supply) The Project’s 46,442 square feet of ground floor retail spaces directly generate retail sales in the City. To estimate existing onsite retail sales, ADE applied sales-per-employee assumptions to estimated retail employment. As shown in Table C-1, the Project’s retail is expected to generate approximately $23 million in taxable sales annually. The City is expected to capture 100 percent of retail sales from new households, and 65 percent of retail spending from employees of the Project based on retail leakage study in proximate site. 341 Applied Development Economics | Page 6 TOTAL PROJECT IMPACT ON TAXABLE RETAIL SALES IN THE CITY Total taxable retail sales generated by the Project are summed up in Table C-2. The analysis assumes 100 percent of household retail is off site due to the small development square feet, which exclude insignificant adjustments to correct for potential double-counting of retail purchases by Project residents and employees at retail businesses located at the Project. The findings shows total estimated taxable sales of $59,036 annually and resulting sales tax revenues generated for the City. UTILITY TAX The Utility Tax revenue uses a per person served methodology to estimate revenue generated by the Project. The revenue is estimated based on the number of residents in addition to half of the employee population in the proposed project development. ADE estimated the per capita weighted average of 76.74 percent is generated in the residential uses, and the remaining in the non-residential uses. Table C-1 shows the estimated Utility Tax revenue generated for the Project. FRANCHISE FEES ADE assumes the Franchise Fees tax revenue is generated from both residential and non-residential development on the Project. The Franchise Fees revenue uses a per persons served methodology to estimate revenue generated by the Project. The revenue is estimated based on the number of employees in the proposed project development. Table C-1 shows the estimated Franchise Fees revenue generated for the Project from total employee. OTHER TAXES Using a per person served calculation, Other Tax revenue generated from the Project evaluates current total revenue generated. The average per person served revenue is $66.66 for nonresidential population. This yields a total of $30,935 total revenue from residential development , and $4,764 from non-residential development. Table C-1 shows the estimated Other Tax revenue calculation. LICENSES AND PERMITS The total tax revenue generated from Licenses and Permits are allocated in both residential and non- residential development using a per persons served method ADE estimated the per persons served average revenue is $43.11, which yields a total of $1,261 from office and $1,820 from retail revenue generated from the Project, as shown in Table C-1. USE OF MONEY AND PROPERTY The tax revenue generated from this category are allocated in both residential and non-residential development using a per person served weighted average percentage allocation of 76.74 percent in residential revenue. An estimate of $10.23 per persons served average for non-residential development results in a total of $731 generated at buildout, detailed in Table C-1. 342 Applied Development Economics | Page 7 INTERGOVERNMENTAL Intergovernmental tax revenue is allocated to using a per person served methodology to estimate total revenue generated at an average of $33.51 for nonresidential, as shown in Table C-1. The revenue is estimated based on the number of residents in addition to half of the employee population in the proposed project development. CHARGES FOR SERVICES The Charges For Services Tax Revenue is allocated for both residential and nonresidential development at buildout, using a per person served methodology as shown in Table C-1. Using the estimated per capita weighted average of 76.74 percent allocated to residential development, the remaining percentage is allocated to nonresidential development, which results in Project built out revenue with an estimated total of $5,890 and $8,500, respectively. FINES AND FORFEITURES It is estimated that Fines and Forfeitures tax revenue uses a per person served methodology to estimate revenue generated by the Project. The revenue is estimated based on the number of residents in addition to half of the employee population in the proposed project development. ADE estimated the per capita weighted average of 76.74 percent is generated in the residential uses, and the remaining in the non-residential uses. Table C-1 shows the estimated Utility Tax revenue generated for the Project. MISCELLANEOUS The Miscellaneous revenues estimates taxes generated from other revenue excluding the above categories. Using a per person served average, ADE calculated the total revenue generated at the Project Buildout based on a per capita weighted average of 76.74 percent allocated to residential development and the remaining in non-residential uses, as shown in Table C-1. TRANSFER-IN The Project Buildout accounts for Transfer-In revenue from other governmental development for the future development and comprise of majority of the revenue. The revenue uses a per person served methodology for both residential and non-residential development to calculate the estimated total generated from future residents and employees. The per capital weighted average of 76.74 percent is used to allocate the majority of the revenue generated from residential development, with the other 23.26 percent of total revenue in non-residential development. The total Transfer-in revenue is approximately $28,866, which accounts for an estimate of 11.10 percent of total general fund. Detailed calculation is shown on Table C-1. EXPENDITURE-ESTIMATING METHODOLOGY Expenditure estimates are based on the adjusted City’s FY 2014–15 adopted operating budget and supplemental information from City’s public available information. All City General Fund expenditure items and expenditure-estimating procedures are listed on Table D-1. All departmental manager salaries and one-time capital expenditures from Transfer-out are excluded from the analysis to offset 343 Applied Development Economics | Page 8 the fiscal year’s significant amount of capital improvement projects as a result of development revenue generated from the Apple Campus 2 Development Agreement. The Project fiscal impact analysis relies on per persons served methodology to estimate all General Fund expenditure impacts of new development on the City. The per persons served method assumes the marginal cost of the City’s services to new Project residents and employees would equal the City’s existing average-cost structure. Expenditures affected by both residents and employees are projected using a per-person-served average expenditure multiplier, while expenditures affected by residents only are projected using a per-capital average expenditure multiplier and a weighted per capita of 76.74 percent allocation of total costs. Table D-1 shows the weighted per capita adjustment factors used in this Analysis. These adjustment factors are based on the weighted per capita percentage factor calculated in Table B-1 and ADE’s experience on other similar fiscal analyses and account for the size and land use composition of the Project as compared to that of the existing City. Expenditure Adjustment Factors The net General Fund costs for each department reflects that department’s allocated share of indirect costs, such as those costs for information technology, vehicle replacement, insurance, etc. By accounting for the indirect costs within the specific department functions, the impact of new growth on that department’s costs would include the indirect cost allocations as well. ADE has also adjusted the general fund revenue and costs to eliminate one time expenses from staffs that are likely fixed costs, such as salaries of directors for each departments, as shown in Table B-3. General Government Expenditure ADE uses a percentage factor of total the net General Fund costs to calculate the percentage cost allocation for each land use. Table D-1 shows General Government cost is 8.16 percent of total General Fund Expenditure. The general fund expenditure allocation for each residential and nonresidential development use this percentage to determine the total project revenue, as shown in Table A-2. FISCAL IMPACT RESULTS Table A-1 and Table A-2 identifies General Fund fiscal impact results of the Project Analysis. TECHNICAL APPENDICES The fiscal impact summary and the City’s general fund overview are shown in Table A-1 through A- 4. The technical calculations used in this Analysis are shown in Appendices B through E (Appendices B-1 through E-1) of this memorandum: 344 Applied Development Economics | Page 9  Table A indicates the summary fiscal impact, the City’s general fund, and adjusted General Fund allocation.  Table B shows the proposed land uses and general assumptions used in this Analysis.  Table C identifies the projected revenues that will be generated by the Project for the City’s General Fund.  Table D details the estimated expenditures for the City to provide General Fund services to the Project.  Table E shows the projected assessed value of the Project, which serves as the basis for calculating property tax and retail sales revenues. APPENDICES: Table A: Fiscal Impact Summary and City of Cupertino Adopted Budget FY 2014-2015 Table B: General Assumptions Table C: Revenue Estimating Procedures Table D: Expenditure Estimating Procedures Table E: Supporting Revenue Estimates 345 Applied Development Economics | Page 10 TABLE A: Fiscal Impact Summary Table A-1 Fiscal Impact Summary Table for The Oaks (2015$) Table A-2 The Oaks Estimated Summary Fiscal Impact (2015$) Table A-3 City of Cupertino Adopted Budget FY 2014-2015 Table A-4 City of Cupertino Adopted Budget FY 2014-2015 – Adjusted Estimate by Department TABLE A-1 FISCAL IMPACT SUMMARY TABLE FOR THE OAKS (2015$) Total Project Revenues $277,921 Total Project Expenditures $162,408 Existing Net Impact $115,513 Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; KT Urban, ADE, Inc. 346 Applied Development Economics | Page 11 TABLE A-2 THE OAKS ESTIMATED SUMMARY FISCAL IMPACT (2015$) ITEM REFERENCE % OF TOTAL ANNUAL FISCAL IMPACT AT BUILDOUT EXISTING LAND USE OFFICE RETAIL GENERAL FUND Annual Revenue Appendix C-1 Sales Tax Appendix C-2, C-2A, C- 2B, E-1 63.73% $177,108 $20,262 $156,846 Property Tax Appendix C-1 13.56% $37,675 $10,334 $27,341 Transient Occupancy N/A 0.00% $0 $0 $0 Utility Tax Appendix C-1 1.02% $2,829 $1,158 $1,671 Franchise Fees Appendix C-1 2.01% $5,579 $2,283 $3,295 Other Taxes Appendix C-1 1.71% $4,764 $1,950 $2,814 Licenses & Permits Appendix C-1 1.11% $3,081 $1,261 $1,820 Use of Money and Property Appendix C-1 0.26% $731 $299 $432 Intergovernmental Appendix C-1 0.86% $2,395 $980 $1,415 Charges for Services Appendix C-1 5.18% $14,391 $5,890 $8,501 Fines & Forfeitures Appendix C-1 0.18% $502 $205 $297 Miscellaneous Appendix C-1 0.00% $0 $0 $0 Transfer-In Appendix C-1 10.39% $28,866 $11,815 $17,051 Total General Fund Revenue 100.00% $277,921 $56,438 $221,483 Annual Expenditure Appendix D-1 General Government Appendix D-1 7.54% $12,253 $5,015 $7,238 Police Appendix D-1 11.86% $19,260 $7,883 $11,377 Public Affairs Appendix D-1 4.79% $7,785 $3,186 $4,598 Recreation and Community Services Appendix D-1 0.00% $0 $0 $0 Planning and Community Development Appendix D-1 9.85% $15,998 $6,548 $9,450 Public Works Appendix D-1 35.54% $57,716 $23,623 $34,093 Non-Departmental and Transfers Appendix D-1 30.41% $49,396 $20,218 $29,178 Total General Fund Expenditure 100.00% $162,408 $66,474 $95,934 ANNUAL GENERAL FUND SURPLUS/(DEFICIT) $115,513 ($10,036) $125,549 Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; KT Urban; ADE, Inc. 347 Applied Development Economics | Page 12 TABLE A-3 CITY OF CUPERTINO ADOPTED BUDGET FY 2014-15 (2015$) REVENUE AND EXPENDITURE ITEMS % OF TOTAL CITY OF CUPERTINO ADOPTED BUDGET FY 2014/15 GENERAL FUND [1] Annual Revenue Sales Tax 17.92% $18,288,000 Property Tax 14.76% $15,067,000 Transient Occupancy 4.42% $4,510,000 Utility Tax 3.04% $3,100,000 Franchise Fees 2.84% $2,897,000 Other Taxes 5.12% $5,220,000 Licenses & Permits 1.57% $1,600,000 Use of Money and Property 0.78% $801,000 Intergovernmental 2.57% $2,623,943 Charges for Services 15.45% $15,768,164 Fines & Forfeitures 0.54% $550,000 Miscellaneous 0.00% $0 Transfer-In 30.99% $31,627,286 Total General Fund Revenue 100.00% $102,052,393 Annual Expenditure Employee Compensation 14.20% $16,963,296 Employee Benefits 6.83% $8,163,673 Materials 4.32% $5,156,146 Contract Services 18.45% $22,047,745 Contingencies 1.48% $1,768,552 Cost Allocation 4.62% $5,519,694 Special Projects 2.53% $3,027,388 Capital Outlays 16.56% $19,788,794 Debt Service/Other Uses 3.71% $4,427,838 Transfer Out 27.30% $32,613,286 Total Annual General Fund Expenditures 100.00% $119,476,412 Annual General Fund Surplus/(Deficit) ($17,424,019) Annual GF Surplus (Deficit) per Residential Unit ($222.49) "budget" Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; ADE, Inc. [1] The City's FY 2014-2015 Final Adopted Budget reflects the City's receipt of large on-time dollar from the Apple Campus 2 Development Agreement. Several one-time special and capital projects reflect a higher annual expenditure relative to previous years. For the purpose of the Analysis, these one-time capital improvement costs and departmental director salaries are not included as part of the Analysis, as shown in Appendix A-4. 348 Applied Development Economics | Page 13 TABLE A-4 CITY OF CUPERTINO ADOPTED BUDGET FY 2014-15 (2015$) - ADJUSTED ESTIMATE BY DEPARTMENT CITY OF CUPERTINO ADJUSTMENT [2] ADJUSTED BUDGET REVENUE AND EXPENDITURE ITEMS ADOPTED BUDGET FY 2014/15 LESS OFFSETTING ONE-TIME CIP AND STAFF SALARY EXPENSES NET ANNUAL GENERAL FUND REVENUE AND EXPENSES % OF TOTAL ADJUSTED BUDGET GENERAL FUND BY DEPARTMENT Annual Revenue By Department Sales Tax $18,288,000 $0 $18,288,000 17.9% Property Tax $15,067,000 $0 $15,067,000 14.8% Transient Occupancy $4,510,000 $0 $4,510,000 4.4% Utility Tax $3,100,000 $0 $3,100,000 3.0% Franchise Fees $2,897,000 $0 $2,897,000 2.8% Other Taxes $5,220,000 $0 $5,220,000 5.1% Licenses & Permits $1,600,000 $0 $1,600,000 1.6% Use of Money and Property $801,000 $0 $801,000 0.8% Intergovernmental $2,623,943 $0 $2,623,943 2.6% Charges for Services $15,768,164 $0 $15,768,164 15.5% Fines & Forfeitures $550,000 $0 $550,000 0.5% Miscellaneous $0 $0 $0 0.0% Transfer-In $31,627,286 $0 $31,627,286 31.0% Total General Fund Revenue $102,052,393 $0 $102,052,39 3 100.0% Annual Expenditure By Department [1] General Government $7,900,711 $616,690 $7,284,021 7.5% Police $10,175,620 $174,350 $10,001,270 10.4% Public Affairs $4,203,524 $161,114 $4,042,410 4.2% Recreation and Community Services $11,506,514 $250,290 $11,256,224 11.7% Planning and Community Development $8,438,292 $130,720 $8,307,572 8.6% Public Works $30,343,173 $372,735 $29,970,438 31.1% Non-Departmental and Transfers $33,764,940 $8,115,000 $25,649,940 26.6% Total Annual General Fund Expenditures $106,332,774 $9,820,89 9 $96,511,875 100.0% Annual General Fund Surplus/(Deficit) ($4,280,381) ($9,820,89 9) $5,540,518 Annual GF Surplus (Deficit) per Residential Unit ($54.66) ($125.40) $70.75 Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; ADE, Inc. [1] ADE allocated expenses based on individual departments in the City's budget. [2] Offsetting staff expenses are adjusted from department budget to account for departmental directors' one -time fixed salary expenses. Several one-time special and capital projects reflect a higher annual expenditure relative to previous years. For the purpose of the Analysis, these one-time capital improvement are adjusted from Transfers-out and the costs are not included as part of the Analysis. Note: 2014 CIP Projects, excluded from Analysis, include updated accessibility transition plan, Calabazas Creek outfall repai r, Civic Center Plan Updates, Library story room expansion, Linda Vista Pond Repair, McClellan Ranch Preserve Upgrade, McClellan Road Sidewalk Improvements Phase 1, Monta Vista Storm Drain System, Public Building Solar Installation, Quinlan Center Interior Upgrade, Quinlan Communi ty Center Fiber Installation, Storm Drain Master Plan Update, Sports Center Court, Sports Center Tennis Court retaining wall replacement 349 Applied Development Economics | Page 14 TABLE B: GENERAL ASSUMPTIONS Table B-1 Total Citywide Residential and Employee Population Table B-2 Existing Land Use Summary Table B-3 Total Existing Residential and Employee Population 350 Applied Development Economics | Page 15 TABLE B-1 TOTAL CITYWIDE RESIDENTIAL AND EMPLOYEE POPULATION ITEM ASSUMPTION General Assumptions Base Fiscal Year [1] FY 2014-2015 General Demographic Characteristics City of Cupertino Population [2] 59,756 Employees (2013) [3] 37,115 City of Cupertino Persons Served [4] 78,314 City of Cupertino Visitors - Percent per Capita Weight for Residential 76.30% Inflationary/Appreciation Factors Property Tax 2.0% Other Revenue 3.0% Costs 3.0% Estimated Citywide Assessed Value [5] 17,100,000,000 Source: California Department of Finance; California Employment Development Department; ADE [1] Reflects the City of Cupertino Fiscal Year 2014 -2015 approved final budget. Revenues and expenditures are in 2015 dollars. This analysis does not reflect changes in values resulting from inflation or appreciation. [2] Based on population estimates from the California Department of Finance (DOF) data for January 1, 2015. [3] Based on 2013 US Census obtained from Onthemap.ces.census.gov and adjusted by additional 10% to account for self-employed workers. [4] Defined as total population plus half of total employees. [5] Total citywide FY2013-2014 assessed value based on Financial Report from County of Santa Clara. 351 Applied Development Economics | Page 16 TABLE B-2 EXISTING LAND USE SUMMARY LAND USE EXISTING BUILDING SQUARE FEET [3] NONRESIDENTIAL LAND USES SQ. FT. Office Office 17,553 Subtotal Office 17,553 Retail/Commercial Retail 46,442 Subtotal Retail/Commercial 46,442 Total Nonresidential Land Uses 63,995 Other Land Uses [2] Open Spaces (OS) - Total Other Land Uses - Total Nonresidential, and Other Uses 63,995 Major Streets, Parking and Infrastructure [1] Below Grade Parking Surface Parking Total Parking 0 Total The Oaks Land Uses 63,995 Source: KT Urban, ADE, April 2015. [1] Excluded from analysis. Landscape expenditure not included in City of Cupertino 2014 -2015 Operating Budget. [2] Excluded from the analysis. [3] Land use summary provided by KT Urban as of Sept 1st, 2015. Total SF exclude vacant spaces. See Table C-2C 352 Applied Development Economics | Page 17 TABLE B-3 TOTAL EXISTING RESIDENTIAL AND EMPLOYEE POPULATION LAND USE PER UNIT/SQ. FT. RESIDENTS EXISTING EMPLOYEES PERSONS SERVED EMPLOYEE POPULATION [1] SQ. FT./EMPLOYEE Office Office 300 - 59 29 Subtotal Office 59 29 Retail/Commercial Retail 500 - 84 42 Subtotal Retail/Commercial 84 42 Total Employee Population 143 71 Source: KT Urban, C2K Architecture, Inc., ADE, April 2015. [1] Employee population based on occupied sq. ft. assumptions as shown in Appendix E-1. [2] Total Persons Served is defined as 100% of household population plus 50% of employees. 353 Applied Development Economics | Page 18 TABLE C: REVENUE-ESTIMATING PROCEDURE Table C-1 Existing Non-Residential Revenue Assumptions (2015$) Table C-2 Estimated Taxable Sales and Use Tax Revenue Summary (2015$) Table C-2A Annual Sales Tax from Market Support (2015$) Table C-2B Estimated Taxable Sales, Adjusted Retail Space Method (2015$) Table C-2C Estimated Taxable Sales - Retail Categories and Sales Per Sq. Ft. 354 Applied Development Economics | Page 19 TABLE C-1 EXISTING NON-RESIDENTIAL REVENUE ASSUMPTIONS (2015$) ANNUAL NON-RESIDENTIAL UNIT REVENUE ASSUMPTIONS REVENUE ITEMS ADJUSTMENT FACTORS [5] OFFICE RETAIL ESTIMATING PROCEDURE/ DESCRIPTION PER EMPLOYEE UNIT/CASE STUDY MULTIPLIER TOTAL BUILDOUT REVENUE PER EMPLOYEE UNIT/CASE STUDY MULTIPLIER TOTAL BUILDOUT REVENUE REVENUE (2015$) Sales Tax [1] n/a - $20,261.87 - $156,845.7 1 Case Study Property Taxes [2][3] n/a - $10,333.80 - $27,341.33 Case Study Transient Occupancy [4] 0.00% $0.00 $0.00 $0.00 $0.00 Case Study Utility Tax 100.00% $39.58 $1,158.04 $39.58 $1,671.26 Per Person Served Franchise Fees 100.00% $78.05 $2,283.48 $78.05 $3,295.46 Per Person Served Other Taxes 100.00% $66.66 $1,950.00 $66.66 $2,814.18 Per Person Served Licenses & Permits 100.00% $43.11 $1,261.16 $43.11 $1,820.07 Per Person Served Use of Money and Property 100.00% $10.23 $299.22 $10.23 $431.83 Per Person Served Intergovernmental 100.00% $33.51 $980.21 $33.51 $1,414.61 Per Person Served Charges for Services 100.00% $201.35 $5,890.39 $201.35 $8,500.85 Per Person Served Fines & Forfeitures 100.00% $7.02 $205.46 $7.02 $296.51 Per Person Served Miscellaneous 100.00% $0.00 $0.00 $0.00 $0.00 Per Person Served Transfer-In 100.00% $403.85 $11,814.77 $403.85 $17,050.74 Per Person Served Total Annual Revenue $56,438 $221,483 [1] Refer to Appendix C-2A and C-2B for calculation. [2] Cities receive 5.6% of Santa Clara County property tax allocation based on the City's adopted budget for FY 2014/2015. Pr operty Tax in-lieu of VLF and Transfer Tax not included as part of property tax calculation. ADE uses 8.8% as a property tax factor that includes both. [3] Assessed Values (AV) derived in Land Use_Buildout Table. Note that assessed values are expressed in 2015$ assume no real appreciation. Formula for Transfer Tax = Assessed Value/1000*Rate per $1,000 of Assessed Value*Turnover rate. Non residential Property turnover rate at 15 years, or 6.7%. [4] Excluded in the Analysis. [5] Adjustment factors based on the citywide weighted average per capita as shown in Appendix B -1. Non-residential adjustment factors accounts for remaining of total revenue less residential revenue. 355 Applied Development Economics | Page 20 TABLE C-2 ESTIMATED TAXABLE SALES AND USE TAX REVENUE SUMMARY (2015$) ITEM SOURCE/ ASSUMPTION EXISTING SALES AND USE TAXES Residential and Nonresidential Estimated Annual Taxable Sales from Residential Households [1] Annual Taxable Sales from Market Support - Residential Appendix C-2A $0 Annual Taxable Sales from Market Support - Employee Appendix C-2A $88,682 Estimated Annual Taxable Sales from Non - Residential Development [2] Annual Taxable Sales from Onsite Retail Uses Appendix C-2B $20,846,898 Annual Business-to-Business Taxable Sales Appendix C-2B $2,678,763 Annual Taxable Sales from Total Existing Development $23,614,343 Annual Sales Tax Revenue Bradley Burns Local Sales Tax Rate 1.0000% $236,143 Less Property Tax in Lieu of Sales Tax Rate -0.2500% ($59,036) Total Bradley Burn Sales Tax Revenue 0.7500% $177,108 Cumulative Annual Property Tax in Lieu of Sales Tax Revenue 0.2500% $59,036 Source: U.S. Census Bureau, ULI; LoopNet; KT Urban, ADE. [1] Total residential taxable sales account for employees living on-site. [2] Total nonresidential taxable sales account for retail sales per SF and office sales revenue. 356 Applied Development Economics | Page 21 TABLE C-2A ANNUAL SALES TAX FROM MARKET SUPPORT (2015$) SALES AND USE TAXES FROM MARKET SUPPORT ITEM SOURCE ASSUMPTION ANNUAL REVENUE AT BUILDOUT Nonresidential Annual Taxable Sales from Employees Employees Non Residential Development (Employee) Office 29 $22,819 Retail 84 $65,863 Total Employees 114 Average Daily Taxable Sales per Employee $10 Work Days per Year 240 Taxable Sales from Employees 50.0% Estimated Retail Capture Rate within City of Cupertino 65.0% Total Taxable Sales from Employees $88,682 Annual Sales Tax Revenue from Employee Bradley Burns Local Sales Tax Rate 1.00% $887 Less Property Tax in Lieu of Sales Tax Rate -0.25% ($222) Total Bradley Burn Sales Tax Revenue 0.75% $665 Total Bradley Burn Sales Tax Revenue - Office $171 Total Bradley Burn Sales Tax Revenue - Retail $494 Annual Property Tax in Lieu of Sales Tax Revenue 0.25% $222 Total Annual Taxable Sales from Market Support - Nonresidential $88,682 Estimated Annual Total Taxable Sales (On- Site) [1] 0.00% $0 Estimated Annual Total Taxable Sales (Off- Site) 100.00% $88,682 Source: U.S. Census Bureau, ULI; LoopNet; KT Urban, ADE. [1] Existing City inventory include 3,696,327 SF of retail. The existing 63,995 SF of retail accounts for approximately 2 percent of total existing inventory. ADE assumes Project captures 0 percent of total On-site retail spending and 100 percent of retail spending are from the City due to the low percentage 357 Applied Development Economics | Page 22 TABLE C-2B ESTIMATED TAXABLE SALES, ADJUSTED RETAIL SPACE METHOD (2015$) ITEM SALES AND USE TAXES FROM RETAIL SOURCE/ASSUMPTIONS ANNUAL REVENUE AT BUILDOUT Annual Taxable Sales per Square Foot [1] Office (Business-to-Business) Table C-2C Retail/Commercial Table C-2C Cumulative On-Site Retail Square Feet Office 17,553 Retail/Commercial 46,442 Total Cumulative On-Site Retail Square Feet 63,995 Annual Taxable Sales from On-Site Retail Development Office $2,678,763 Retail/Commercial $18,168,134 Subtotal Annual Taxable Sales from On- Site Retail Development $20,846,898 Less Total Annual Taxable Sales From Market Support (within the Project) $0 Subtotal Annual Taxable Sales from Onsite Retail Development in the City $20,846,898 Annual Sales Tax Revenue from Existing Retail Development Excluding Market Support Bradley Burns Local Sales Tax Rate 1.0000% $208,469 Less Property Tax in Lieu of Sales Tax Rate -0.2500% ($52,117) Total Bradley Burn Sales Tax Revenue 0.7500% $156,352 Business-To-Business Taxable Sales Cumulative Office square Feet 17,553 Taxable Sales from On-Site Office Development $2,678,763 Annual Sales Tax Revenue from Business- To-Business Office Development Bradley Burns Local Sales Tax Rate 1.0000% $26,788 Less Property Tax in Lieu of Sales Tax Rate -0.2500% ($6,697) Total Bradley Burn Sales Tax Revenue 0.7500% $20,091 Source: U.S. Census Bureau, ULI; Co-Star Portfolio Strategy; KT Urban, C2K Architecture, Inc., ADE. [1] Sales per Square Foot from ULI Dollars and Cents 2008, and ADE's experience for office development in Cities of San Jose, Union City, Hayward, Pasadena, and San Luis Obispo. 358 Applied Development Economics | Page 23 TABLE C-2C ESTIMATED TAXABLE SALES - RETAIL CATEGORIES AND SALES PER SQ. FT. SALES AND USE TAXES FROM RETAIL (NEIGHBORHOOD SHOPPING CENTERS) THE OAKS CURRENT TENANTS CATEGORY SUITE NUMBER LEASED SQ. FT. VACANT SQ. FT. SOURCE RETAIL SUB- CATEGORY MEDIAN SALES PER SQ. FT. (2015$) TOP 10 % SALES PER SQ. FT. (2015$) ANNUAL NET IMPACT (MEDIAN SALES PER SQ. FT.) ANNUAL NET IMPACT (TOP 10 % SALES PER SQ. FT.) ANNUAL TAXABLE SALES PER SQUARE FOOT [1] NEIGHBOR- HOOD SHOPPING CENTERS Subtotal Information Deleted Due to Confidentiality 359 Applied Development Economics | Page 24 TABLE C-2C ESTIMATED TAXABLE SALES - RETAIL CATEGORIES AND SALES PER SQ. FT. SALES AND USE TAXES FROM RETAIL (NEIGHBORHOOD SHOPPING CENTERS) THE OAKS CURRENT TENANTS CATEGORY SUITE NUMBER LEASED SQ. FT. VACANT SQ. FT. SOURCE RETAIL SUB- CATEGORY MEDIAN SALES PER SQ. FT. (2015$) TOP 10 % SALES PER SQ. FT. (2015$) ANNUAL NET IMPACT (MEDIAN SALES PER SQ. FT.) ANNUAL NET IMPACT (TOP 10 % SALES PER SQ. FT.) ANNUAL TAXABLE SALES PER SQUARE FOOT [1] NEIGHBOR- HOOD SHOPPING CENTERS Average Cumulative On-Site Retail Square Feet Office Retail/Commercial Total Cumulative On-Site Retail Square Feet Source: U.S. Census Bureau, ULI; Co-Star Portfolio Strategy; KT Urban, C2K Architecture, Inc., ADE. [1] Sales per Square Foot from ULI Dollars and Cents 2008, and ADE's experience for office development in Cities of San Jose, Union City, Hayward, Pasadena, and San Luis Obispo. 360 Applied Development Economics | Page 25 TABLE D: EXPENDITURE-ESTIMATING PROCEDURE Table D-1 Non-Residential Expenditure Assumptions (2015$) 361 Applied Development Economics | Page 26 TABLE D-1 ANNUAL NON-RESIDENTIAL UNIT EXPENDITURE ASSUMPTIONS (2015$) EXPENDITURE ITEMS [1] ADJUSTMENT FACTORS PER EMPLOYEE/CASE STUDY ESTIMATING PROCEDURE/ DESCRIPTION OFFICE RETAIL PER EMPLOYEE UNIT MULTIPLIER TOTAL BUILDOUT EXPENDITURES PER EMPLOYEE UNIT MULTIPLIER TOTAL BUILDOUT EXPENDITURES EXPENDITURE (2015$) General Government 8.16% n/a $5,015.06 n/a $7,237.60 Case Study Police 100.00% $269.47 $7,883.24 $269.47 $11,376.87 Per Persons Served Public Affairs 100.00% $108.92 $3,186.32 $108.92 $4,598.41 Per Persons Served Recreation and Community Services 0.00% $303.28 $0.00 $303.28 $0.00 Per Persons Served Planning and Community Development 100.00% $223.83 $6,548.22 $223.83 $9,450.22 Per Persons Served Public Works 100.00% $807.50 $23,623.41 $807.50 $34,092.64 Per Persons Served Non-Departmental and Transfers 100.00% $691.09 $20,217.89 $691.09 $29,177.89 Per Persons Served Total Annual Expenditure $66,474 $95,934 Source: City of Cupertino FY 2014/2015 Adopted Final Operating Budget; ADE, Inc. [1] Reflects the City of Cupertino Per Employee Expenditure 362 Applied Development Economics | Page 27 TABLE E: SUPPORTING REVENUE ESTIMATES Table E-1 Existing Land Use Assumptions (2015$) 363 Applied Development Economics | Page 28 TABLE E-1 EXISTING LAND USE ASSUMPTIONS (2015$) LAND USE ESTIMATED ASSESSED VALUE PER SF [1] ESTIMATED TOTAL ASSESSED VALUE [1] AVERAGE ANNUAL TURNOVER RATE [5,6] EMPLOYEE/ SQ. FT. [2] VACANCY RATE [3] OCCUPIED UNITS [4] NONRESIDENTIAL PER SQ. FT. TOTAL AV EMPLOYEE/ SQ. FT. OCCUPIED SQ. FT. Office Office $669 $11,742,957 6.7% 300 10.2% 17,553 Retail/Commercial (RC) Retail $669 $31,069,698 6.7% 550 10.2% 46,442 Vacant Sq. Ft. [4] Vacant SF $669 $4,856,271 7,259 Total Nonresidential Sq. Ft. $47,668,926 71,254 Source: U.S. Census Bureau; KT Urban, ADE. [1] Nonresidential values based on RCA sales record of approximately $48,000,000 sales price on Feb 15, 2015. Approximate per SF value is $669. [2] Based on average persons per household (population in occupied housing units in structure), ADE. [3] Vacancy rates assumptions for office and retail based on information from KT Urban. Vacancy rates are excluded from the Analysis. [4] Occupied and vacant sq. ft. based on information from KT Urban. [5] Property turnover rate at 7 years based on ADE research. [6] Property turnover rate at 15 years based on ADE research. 364 From: Kent Vincent [mailto:deanza_travel@yahoo.com] Sent: Thursday, January 21, 2016 12:46 PM To: Savita Vaidhyanathan; Rod Sinks; Gilbert Wong; Darcy Paul Subject: Fw: General Plan Amendment Authorization ----- Forwarded Message ----- From: Kent Vincent <deanza_travel@yahoo.com> To: "bchang@cupertino.org" <bchang@cupertino.org> Sent: Thursday, January 21, 2016 9:43 AM Subject: General Plan Amendment Authorization Dear Barry, Just received a mailer announcing proposals for more hotel and mixed use development in Cupertino at the Goodyear Tire and Oaks Shopping Center sites requiring a General Plan amendment. I am profoundly disappointed that the City must put its residents through this process, over and over again. The General Plan is the covenant that the Council has with the constituency residents defining what development can be approved within the city. The Council, thereby, should have a reputation of upholding its General Plan against such proposals. It obviously doesn't and that's why developers are willing to heavily invest in proposals that breach the General Plan and why residents are forcing the issue with an initiative to enforce compliance. As our new Mayor, I hope you will mark your legacy as a people's servant protecting the quality of Cupertino and vigorously upholding the General Plan against developer's profit motives. All the best, Kent Vincent Cupertino From: Byron Rovegno [mailto:brovegno@sbcglobal.net] Sent: Wednesday, January 27, 2016 10:38 AM To: City Council Cc: Cupertino City Manager's Office; Aarti Shrivastava Subject: The Oaks Project 10497 Chace Drive Cupertino, CA 95014 January 27, 2016 Dear Council Member: I am writing to you about the proposed development of the Oaks property. Larry Dean and I met with Mark Tersini in November of 2015 to discuss their plans. It is their stated objective, with the approval of Caltrans and the City Community Development Staff, to revise their plans to include the creation of a bike path that will enable the movement of bicycles, and pedestrians along the western perimeter of The Oaks property from Mary Avenue to Stevens Creek Boulevard; however, you will not find it designated on the plans that they submitted to the City as these plans were completed beforehand. 365 Also we were pleased to learn that The Oaks designs and plans anticipate a full complement of bicycle lockers for residents and office tenants. They told us that they hope to have a “bicycle hub” that will offer assistance with minor bicycle repairs for cyclists who use the shopping center, or who pass through the area. They also expressed interest in our request that they include charging stations for electric bicycles. While I do not opine on the scale and scope of the project, I am pleased that consideration of pedestrians and cyclists is part of their design criteria and encourage the council to approve such inclusive aspects of their plans. Sincerely, Byron P. Rovegno Walk Bike Cupertino Advisory Board Member 366 https://cupertino.legistar.com/View.ashx?M=F&ID=4223464&GUID=9A249CCC-697B-4A8E-8D5B-299C723DE4C2[1/28/2016 5:27:29 PM] Embedded Secure Document The file https://cupertino.legistar.com/View.ashx?M=F&ID=4223464&GUID=9A249CCC-697B-4A8E-8D5B- 299C723DE4C2 is a secure document that has been embedded in this document. Double click the pushpin to view. 367 https://cupertino.legistar.com/View.ashx?M=F&ID=4223465&GUID=904484DF-71E1-4FE9-B9E4-3FC4BC04AA3C[1/28/2016 5:27:30 PM] Embedded Secure Document The file https://cupertino.legistar.com/View.ashx?M=F&ID=4223465&GUID=904484DF-71E1-4FE9-B9E4- 3FC4BC04AA3C is a secure document that has been embedded in this document. Double click the pushpin to view. 368 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1352 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:1/12/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Construction Project Updates Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council2/2/20161 Subject: Construction Project Updates Receive updates CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™369 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1367 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:1/14/2016 City Council On agenda:Final action:2/2/2016 Title:Subject: Report on Committee assignments and general comments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council2/2/20161 Subject: Report on Committee assignments and general comments Report on Committee assignments and general comments CITY OF CUPERTINO Printed on 1/28/2016Page 1 of 1 powered by Legistar™370