20. Vallco
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10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
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CUPEIQ1NO
Community Development Department
SUMMARY
AGENDA NO.
;20
AGENDA DATE November 1, 2005
SUBJECT:
SECOND READING: Application No. DA-2005-02, Mike Rohde (Valko
Shopping Center), 10123 N. Wolfe Road, APN 316-20-064, regarding a Valko
Development Agreement Extension
RECOMMENDATION:
Staff recommends that the City Council
~ Clarify the intent of the City Council to require a use permit for a parking
garage over three stories north of Macy's
~ Approve the second reading of the DA-2005-02
BACKGROUND:
The City Council approved a three-year extension, as well as other amendments,
to the Valko Development Agreement at the October 18, 2005 meeting. One of
the amendments requires a use permit for a parking garage over three stories.
The applicant requests a clarification regarding the definition of three stories.
DISCUSSION:
A parking garage over three stories could be defined in two different ways:
~ Two stories with three parking levels. The third level consists of
uncovered parking on top of the second story
o This structure would be approximately 20 feet in height, plus an
approximately eight-foot high wall around the third level
~ Three stories with four parking levels. The fourth level consists of
uncovered parking on top of the third story
o This structure would be approximately 30 feet in height, plus an
approximately eight-foot high wall around the fourth level
Staff will provide graphic drawings at the meeting of the two interpretations.
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Printed on Recycled Paper
DA-2005-02
November 1. 2005
Page 2
Prepared by: Ciddy Wordell, City Planner
Approved by:
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Steve Piase ki
Director of Community Development
David W. Knapp
City Manager
G:planningl pdreportl ccl CCDA-2005-02(2)
;;JO- 2
ORDINANCE NO. 1969
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MODIFYING A DEVELOPMENT AGREEMENT (1-DA-90) TO EXTEND
THE TERM OF THE AGREEMENT TO AUGUST 15,2009,
TO REQUIRE A HOTEL USE FOR FUTURE DEVELOPMENT IN THE
NORTHEAST PORTION OF THE PROPERTY, TO REQUIRE A USE PERMIT FOR
ANY HOTEL OTHER THAN AT THE ROSEBOWL SITE, TO REQUIRE A USE
PERMIT FOR A PARKING GARAGE OVER THREE STORIES LOCATED NORTH
OF MACY'S AND TO REQUIRE NEIGHBORHOOD MEETINGS PRIOR TO
PLANNING COMMISSION AND CITY COUNCIL PUBLIC HEARINGS
REGARDING THE HEIGHT AND DESIGN OF THE PROPOSED PARKING
STRUCTURE LOCATED NORTH OF MACY'S
WHEREAS, an application was received by the City (Application No. DA-2005-
02) for the modification of a development agreement (I -DA-90);
WHEREAS, the City Council finds that the subject Development Agreement
meets the following requirements:
Is consistent with the objectives, policies, generailand uses and programs specified in the
General Plan and any applicable specific plan;
Is compatible with the uses authorized in, and the regulations prescribe for, the land use
district in which the real property is or will be located;
Is in conformity with and will promote public convenience, general welfare and good
land use practice;
Is not detrimental to the health, safety and general welfare;
1. Will not adversely affect the orderly development of property or preservation of
property values; and
Will promote and encourage the development of the proposed project by providing a
greater degree of requisite certainly.
WHEREAS, upon due notice and after one public hearing the Planning
Commission recommended to the City Council that the amendment be granted; and
zo~3
Ordinance No. 1969
2
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That section 1.2 Term of the development agreement described as I-DA-90 is
hereby amended to extend the term of the Development Agreement to August 15,2009.
Section 2.6.5 Conditions with Regard to Hotel Site. - Future development for the
approximately two acre site located at the northeast portion of the Property, currently
labeled "Proposed Sports Connection" in Exhibit B of the Agreement, shall be developed
for a minimum 100-room hotel and ancillary services. Should the Development
Agreement expire prior to development of the site for said hotel, another instrument
guaranteeing hotel development on the site shall be agreed upon by the applicant and the
City.
Section 2.6.6 A use permit shall be required for any hotel other than at the Rosebowl site.
Section 2.6.7 A use permit shall be required for a parking garage over three stories
located north of Macy's.
Section 2.6.8 Neighborhood meetings shall be held prior to Planning Commission and
City Council public hearings regarding the height and design of the proposed parking
structure located north of Macy's.
Section 2. This ordinance shall take effect and be in force thirty (30) days after its
passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 18th day of October 2005 and ENACTED at a regular meeting of the City Council of
the City of Cupertino the 1st day of November 2005, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor of Cupertino
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