Reso 2971 31-U-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 2971
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO EXPAND RETAIL SPACE
ON THE LOWER LEVEL OF THE EXISTING VALICO FASHION PARK MALL
ENCOMPASSING APPROXIMATELY 90,650 SQ. FT. , AND FOR EXPANSION
OF THE EXISTING PARKING GARAGE STRUCTURE
SECr'ION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant has met the burden of proof required to support
said application. ; and
WHEREAS, the Planning Commission finds that the application meets the
following requirements:
a) That the use or u,ec are in ccnformanoe with the General Plan of the
City of Cupertino, and are not detrimental to existing uzcz or to
nns c specifically permitted in the zone in which the proposed use is
to be located.
b) That the property involved is adequate in size and shape to
accommodate the proposed use.
c) That the proposed use will not generate a level of traffic aver and
above that of the capacity of the existing street system.
d) That the proposed use is otherwise not detrimental to the health,
safety, peace, orals and general welfare of persons residing or
working in the neighborhood of such proposed uzcz, nor injurious to
property and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified
in this Resolution are based ant contained in the Public Hearing record
concerning Application 31-U-86 as set forth in the Minutes of the Planning
Commission Meeting of November 10, 1986, and are incorporated by reference
as though fully set forth herein.
RESOLUTION No. 2971 (31-U-86) 11 10 86
Page - 2
SECTION II: PROJECT DESCRIPTION
Application 31-U-86
Applicant: Westfield, Inc.
Property Owner: Same
Location: West side of North Wolfe Road, northerly of
Stevens Creek Boulevard adjacent to Vallco
Parkway
USE PERMIT For expansion of retail space on the lower level of the
existing Vallco Fashion Park Mall, encompassing approximately 90,000
sq. ft. , and for expansion of the existing parking garage structure.
SECTION III: CONDil'lONS TO BE ADMINISTERED BY THE PLANNING DEPARTMENT
1) APPROVED DG Bi15
The recommendation of approval is based on Ekhibits A 1st Rev, A-1 1st
Rev, A-2 1st Rev, A-3, B 1st Rev, B-1 1st Rev, B-2 1st Rev, B-3 1st
Rev, B-4 1st Rev, B-5, D 1st Rev, D-1 1st Rev, D-2 1st Rev, Infos 1
through 4 of Application 31-U-86, except as may be amended by the
Conditions contained in this Resolution.
2) USE LIMITATIONS
Tenancy and uses authorized within the subject 90,000' addition shall
be controlled under the Master Use Permit procedure which applies
throughout the existing Vallco Fashion Park Mall, and which is
described in Condition 17 of Use Permit 7-U-76. Future requests for
restaurants with separate cocktail lounge, live entertainment or uses
which operate after 11:00PM or before 7:00AM shall require separate
Use Permit approval.
3) PARKING REQUIREMENT
As depicted in the Project Data table, the developer shall provide off
street parking for the Vallco Fashion Park complex at a ratio of one
space for each 248 sq. ft. of gross leaseable floor area, or
approximately 4,529 spaces total. A portion of the required nuMber of
parking spaces may be deleted if necessary to accommodate final
adjustment of geanetrics for the on site circulation system, as
provided in Condition 5 of this Resolution.
RESOLUTION No. 2971 (31-U-86) 11/10/86
Page - 3 -
,
4) ALLOWED SQUARE FOOTAGE
The Following table describes the maximum square footage permitted for
the regional shopping mall as pemitted by the Cupertino General Plan:
Sq. Feet
Square Footage Permitted in
1974 under 6-U-73: 1,028,500
Transferred to Vallco Village
In 1976 (Council Reso. 4097) 8,500
NET 1,020,000
Policy 6, 1-GPA-80 300,000
.25 FAR "Rosebowl" Parcel (.25 x 200,400) 65,100
TOTAL 1,385,100
Floor area shall be counted based upon the following assumptions:
Area Included:
- All gross area occupied by tenants including mezzanines
Area Excluded:
- Public Areas which include:
. Garages Common Restroams (Located off Mall)
. Pedestrian Mall Utility Rooms
. Service Corridors Public Stairs (In Mall)
. Loading Docks Trash Roans
. Office and storage roans used by Shopping Center management
- Non Public Areas which include:
. Perimeter Walls Columns within floor space
. Freestanding Mechanical Eq i rent plus 3 ft. clearance
. Mechanical equipment roans or mezzanines
. Space not intended for human occupancy
5) ON SITE CIRCULATION
Prior to issuance of construction permits, the developer shall consult
with the City Traffic Engineer for purposes of preparing revised
geanetrics for the on-site circulation system. Interior aisle widths,
turning radii and roadway alignment, as well as location of parking
stalls and landscape islands depicted on the approved Exhibits listed
in Condition 1 of this Resolution, may be subject to modification by
the Traffic Engineer to ensure adequate and safe movement of vehicles,
pedestrians, and safe arrlpis by delivery equipment to service and
loading areas. The solution for the on-site circulation system
refinement shall be returned to the Planning Ccatmission for final
approval prior to issuance of construction permits.
6) TRUCK ACCESS
Perimeter Road truck access restrictions described in Condition 30 of
6-U-73 as amended by the City Council on March 17, 1980 shall remain
in full force and effect.
RESOLUTION No. 2971 (31-U-86) 11/10/86
Page - 4 -
7) CUL DE SAC MAINTFINIANCE
The Fashion Mall developer shall retain responsibility for landscaping
maintenance and irrigation, and litter control for the Cul-de-Sac
termini at Auburn, Merritt and Amherst Drives, initial installation of
which was required under Condition 20 of Use Permit 6-U-73.
8) MODIFICATION OF THE APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor change, alteration or amendment in the
approved development plan or building permit, a written request and
revised development plan or building permit shall be submitted to the
Director of Planning and Development. If the Director makes a finding
that the changes are minor and do not affect the general appearance of
the area or the interests of owners of property within or adjoining
the development area, the Director may certify the Change on the
revised plan. If such approval is withheld, the applicant may appeal
to the Planning Commission. If the changes are material, the Director
shall submit said changes to the Planning Commission for approval. If
the change is denied by the Planning Commission, the applicant may
appeal to the City Council as provided in Ordinance 652 of the City of
Cupertino. If the change is approved, an appeal my be made by an
interested party. Further, any member of the City Council may request
a hearing before the City Council, said request to be made within ten
(10) days from the date of approval - when the change has been
approved by the Planning Ckission.
9) EIRE & BUILDING CODS COMPLIANCE
Prior to issuance of building permits, the developer shall demonstrate
cappliance with all applicable provisions of the City's adopted Fire
and Building Codes.
10) EXTERIOR ENTRIES
Exterior public entry points may be provided on the east and west
elevations of the approved lower mall enclosure as indicated on
Exhibits B-1 1st Rev and B-2 1st Rev. Future requests for exterior
entries or display windows for individual tenant spaces shall be
subject to review in accordance with the procedure established in
Condition 16 of Use Permit 7-4J-76.
11) PHASING PLAN
The final project phasing plan shall be returned to the Planning
Commission for approval prior to issuance of construction permits.
RESOLUTION No. 2971 (31-U-86) 11/10/86
Page - 5 -
PASSED AND ADOPTED this 10th day of November, 1986, at a regular meeting
of the Planning Commission of the City of Cupertino, State of California,
by the following roll-call vote:
AYES: COMMISSIONERS: Adams, Sorensen, Mackenzie, Claudy, Chr. Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: al'IMISSIONERS: None
ATTEST: APPROVED:
/s/ Robert Cowan /s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission