19-010 approving an authorization of a prospective development proposal to proceed as a GPA amendment application GPAAuth-2018-01.docxRESOLUTION NO. 19-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN AUTHORIZATION OF A PROSPECTIVE DEVELOPMENT
PROPOSAL TO PROCEED AS A GENERAL PLAN AMENDMENT APPLICATION
PROTECT DESCRIPTION
Application No: GPAAuth-2018-01
Applicant: Sherly Kwok (De Anza Properties)
Location: 10931 N. De Anza Boulevard
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 one application by November 13, 2018, the deadline to be
considered in the 2018 second cycle of the General Plan Amendment application review
process; and
WHEREAS, on January 15, 2019, 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,
Resolution No. 19-010
Page 2
the following:
(i) Site and architectural design and neighborhood compatibility;
(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
proposal is authorized to proceed as a General Plan Amendment application:
Goodyear Tire Site — 10931 N. De Anza Boulevard — General Plan Amendment
application to increase height, revise building plane, and reduce setback for a
modified General Plan Amendment Authorization application for a 155 -room
hotel to replace an existing 8,323 sq. ft. commercial building (Goodyear Tires).
With the following Community Amenities:
• Complementary use of conference facilities for public schools within
Cupertino and City of Cupertino for up to 12 days per year;
• Reduced rate for use of hotel shuttle for Cupertino residents for airport
transportation needs on the hotel's schedule;
• Funding of a one-time payment of $500,000; and
• An enclosed or unenclosed rooftop amenity, including but not limited to a
deck, bar, or restaurant, with public access, not to exceed the height of any rooftop
mechanical equipment enclosure.
Resolution No. 19-010
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PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of
Cupertino the 15th day of January 2019, by the following roll call vote:
Vote: Members of the City Council:
AYES:
Scharf, Chao, Paul, Sinks
NOES:
Willey
ABSTAIN:
None
ABSENT:
None
ATTEST:
/s/Grace Schmidt
Grace Schmidt
City Clerk
APPROVED:
/s/Steven Scharf
Steven Scharf
Mayor, City of Cupertino