19-183 Cupertino Village, LP, Development Agreement, Cupertino Village Boutique Hotel (Also See CC Ordinance No. 19-2186)ORDINANCE NO. 19-2186
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A DEVELOPMENT AGREEMENT FOR THE DEVELOPMENT OF A
NEW 5-STORY, 185 ROOM HOTEL WITH ASSOCIATED SITE AND
LANDSCAPING IMPROVEMENTS LOCATED AT 10801 AND 10805 NORTH
WOLFE ROAD (APN: 316-45-017 AND 316-05-56)
SECTION I: PROTECT DESCRIPTION
Application No.: DA-2017-01
Applicant: Kimco Realty (Michael Strahs)
Property Owner: Cupertino Village, LP
Location: 10801 and 10805 North Wolfe Road (APN: 316-45-017 and 316-05-56)
SECTION II: FINDINGS FOR DEVELOPMENT AGREEMENT
WHEREAS, the City of Cupertino received an application on December 8, 2017 for a
General Plan Amendment,Development Permit,Development Agreement,Architectural
and Site-Approval,Use Permit, and Tree Removal permits to allow the development of a
new 5-story, 185 room hotel with associated site and landscaping improvements, and j
associated environmental review ("Project"); and,
WHEREAS, Cupertino Village, LP has a legal and equitable interest in certain real
property consisting of approximately 1.72 acres located within the City and generally
borderd by North Wolfe Road to the east,Pruneridge Avenue to the south,APN#316-45-
016 (Arioso Apartments) to the west, and APN #316-05-056 (Cupertino Village Shopping
Center) to the north, as more particularly described in Exhibit A, the Development
Agreement ("Property"); and
WHEREAS, Government Code Sections 65864 through 68569.5 provide the statutory
authority for development agreements between municipalities and parties with a fee or
equitable interest in real property; and
WHEREAS, Cupertino Municipal Code § 19.144.010 et seq., establishes additional
procedures for review and approval of proposed development agreements by the City of
Cupertino; and
WHEREAS, in December 2017, Cupertino Village, LP requested that the City consider l
entering into a Development Agreement for development of the Project; and
WHEREAS, the terms of the Development Agreement include the following community
benefits funded by Cupertino Village, LP:
Ordinance No.19-2186
Page 2
1. Community Amenity Funding, $1,850,000
WHEREAS, the Development Agreement will include additional terms regarding
transportation demand management program, preferential hiring, shuttle service,
meeting rooms, reduced rates, internships, transient occupancy tax, and upscale hotel;
and
WHEREAS, the Development Agreement will be consistent with the City's General Plan
land use map, proposed uses and surrounding uses as amended and the applicable
zoning designation; and
WHEREAS, approval of the Development Agreement will provide Cupertino Village,LP
with assurances that its development of the Property in connection with the Project can
proceed without disruption caused by a change in City planning and development
policies and requirements, which assurance will thereby reduce the actual or perceived
risk of planning,financing and proceeding with construction and use of the development
and promote the achievement of the private and public objectives of the development;
and
WHEREAS, the project is additionally described and analyzed in the May 30, 2019 "The
Cupertino Village Hotel Project" Final Draft Initial Study ("Draft IS/MND"); and
WHEREAS, on December 13, 2018, prior to making any recommendation regarding the
adoption of the Draft IS/MND, the City of Cupertino's Environmental Review Committee
held a duly noticed public hearing to receive public testimony where it reviewed and
considered the information contained in the Draft IS/MND, voted 5-0-0 to recommend
that the City Council to adopt the Draft IS/MND (EA-2017-06) and mitigation measures
with their motion; and
WHEREAS,the necessary notices were given and the comment period for the application
was provided as required by the Procedural Ordinance, Chapter 19.12 of the City of
Cupertino's Municipal Code, and the Planning Commission has held at least one public
hearing in regard to this application; and
WHEREAS, on June 11, 2019, the Planning Commission, after considering the
administrative record and the public hearing, exercised its independent judgment and
recommended adoption of the Final Draft IS/MND (EA-2017-06) for the Project on a 4-0-
1 vote, which incorporated all the identified mitigation measures as conditions of
approval for the Project prior to taking final action on the Project; and
WHEREAS,on June 11, 2019 the Planning Commission recommended on a 4-0-1 vote that
the City Council approve the General Plan Amendment (GPA-2017-05), in substantially
similar form to the Resolution presented(Resolution no.6876), approve the Development
Permit(DP-2018-04) in substantially similar form to the Resolution presented (Resolution
No. 6877), approve the Architectural and Site Approval Permit (ASA-2017-09) in
Ordinance No.19-2186
Page 3
substantially similar form to the Resolution presented (Resolution No. 6879), approve a
Use Permit (U-2018-03) in substantially similar form to the Resolution presented
Resolution No. 6881), approve the Tree Removal Permit (TR-2017-46) in substantially
similar form to the Resolution presented (Resolution no. 6880) and approve a
Development Agreement (DA-2017-01) in substantially similar form to the Ordinance
presented (Resolution No. 6878); and
WHEREAS, on July 16, 2019, upon due notice, the City Council has held at least one,
public hearing to consider the Development Agreement; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance;
WHEREAS, after consideration of evidence contained in the entire administrative record,
on July 16, 2019, the City Council adopted Resolution No. 19-090 adopting the Final
Mitigated Negative Declaration, Mitigation Measures, and adopting a Mitigation
Monitoring and Reporting Program; and
WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its
independent judgment in carefully considering the information in the Final Mitigated
Negative Declaration and finds that the scope of this Ordinance falls within the adopted
Mitigated Negative Declaration, in that the aspects of the Development Agreement
proposed in this Ordinance.that have the potential for resulting in either a direct physical
change in the environment or a reasonably foreseeable indirect physical change in the
environment have been examined in the Final Mitigated Negative Declaration; therefore,
no recirculation of the Final Mitigated Negative Declaration is required; and
WHEREAS, after a duly noticed public hearing on July 16, 2019, after consideration of
evidence contained in the entire administrative record, prior to consideration of the
Development Agreement, the City Council adopted Resolution No. 19-090 adopting the
Draft IS/MND, Resolution No. 19-091 adopting the General Plan Amendment,
Resolution19-092 approving the Development Permit, Resolution no. 19-093 approving
the Architectural and Site Approval Permit, Resolution no. 19-095 approving the Use
Permit and Resolution no. 19-094 approving the Tree Removal Permit;
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, approval of the Development Agreement will provide Cupertino Village, LP
with assurances that its development of the Property in connection with the Project can
proceed without disruption caused by a change in City planning and development
policies and requirements, which assurance will thereby reduce the actual or perceived
risk of planning,financing and proceeding with construction and use of the development
Ordinance No.19-2186
Page 4
and promote the achievement of the private and public objectives of the development;
and
NOW, THEREFORE,BE IT ORDAINED AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council, having considered the staff report to the City
Council for the meeting of July 16, 2019, evidence received at the public hearing duly
noticed and held for the proposed Development Agreement, and all other facts, exhibits,
testimony, information and other evidence submitted in this matter or in the record of
this proceeding, finds as follows:
A. The proposed Development Agreement is consistent with the
objectives, policies, general land uses and programs specified in the General Plan, as
amended.
B. The proposed Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for,the land use district in which the Project
is located.
C. The proposed Development Agreement is in conformity with and
will promote public convenience, general welfare, and good land use practice.
D. The proposed Development Agreement will not be detrimental to
the health, safety, or general welfare.
E. The proposed Development Agreement will not adversely affect the
orderly development of property or the preservation of property values.
F. The proposed Development Agreement will promote and encourage
the development of the Project by providing a greater degree of requisite certainty.
Section 3. The City Council hereby approves the Development Agreement in
the form attached as Exhibit DA-1 subject to such minor technical conforming changes as
may be approved by the City Attorney.
Section 4. This approval is based on the City Council's independent
judegement in the consideration of and reliance on the Final IS/MND and in accordance
with the plans, details and descriptions contained therein, and in the Resolution adopting
the Final IS/MND.
Section 5. The City Council hereby authorizes the City Manager to execute the
Development Agreement on behalf of the City.
Ordinance No.19-2186
Page 5
Section 6. The City Council directs the Director of Community Development
to file a Notice of Determination with the Santa Clara County Recorder in accordance
with CEQA guidelines.
Section 7. This Ordinance shall be effective thirty (30) days following its
adoption.
a
INTRODUCED at a Regular Meeting of the Cupertino City Council on 16th day of July,
2019, AND ENACTED at a regular meeting of the Cupertino City Council on the 20th
day of August, 2019, by the following roll call vote:
Vote: Members of the City Council:
AYES: Scharf, Chao, Paul, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Steven Scharf, Mayor Date
City of Cupertino
ATTEST:
1
Grace Schmidt, City Clerk Date
APPROVED AS TO FORM:
Heather Minner, City Attorney Date
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CITY OF CUPERTINO
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 19-2186, which was
enacted on August 20, 2019, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 4th day of September, 2019.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California