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 165
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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 166
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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.
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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
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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 169
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EXHIBIT DA- 1
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014- 3202
Attention: City Manager
Record for the Benefit of
The City of Cupertino
Pursuant to Government Code
Section 27383
Space Above Reservedfor Recorder' s Use Only
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DEVELOPMENT AGREEMENT
FOR THE CUPERTINO VILLAGE BOUTIQUE HOTEL
BY AND BETWEEN
CITY OF CUPERTINO
AND
CUPERTINO VILLAGE LP
a California Limited Partnership
Effective Date:
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TABLE OF CONTENTS
Page
ARTICLE1 DEFINITIONS....................................................................................................... 3
1. 1 Definitions.............................................................................................................. 3 ARTICLE 2 EFFECTIVE DATE AND TERM......................................................................... 7
2. 1 Effective Date ........................................................................................................ 8
2. 2 Tenn of Agreement................................................................................................ 8
2. 3 City Representations and Warranties..................................................................... 8
2. 4 Developer Representations and Warranties........................................................... 8 ARTICLE 3 DEVELOPMENT OF THE PROPERTY.............................................................. 9
3. 1 Vested Rights......................................................................................................... 9
3. 2 Life of Approvals................................................................................................... 9
3. 3 Permitted Uses....................................................................................................... 9
3. 4 Applicable City Regulations................................................................................ 10
3. 5 Timing of Development....................................................................................... 10
3. 6 Compliance with Laws ........................................................................................ 11
3. 7 No Conflicting Enactments.................................................................................. 11
3. 8 Changes in the Law.............................................................................................. 11
3. 9 Initiatives and Referenda..................................................................................... 12
3. 10 Regulation by Other Public Agencies.................................................................. 12
3. 11 No Reservation of Sanitary Sewer or Potable Water Capacity............................ 12 ARTICLE4 FEES .................................................................................................................... 13
4. 1 Impact Fees.......................................................................................................... 13
4. 2 Processing Fees.................................................................................................... 13
4. 3 Other Agency Fees............................................................................................... 13
4. 4 Taxes and Assessments........................................................................................ 13
4. 5 Connection Fees................................................................................................... 13 ARTICLE5 PUBLIC BENEFITS............................................................................................ 14
5. 1 Public Benefits Obligations................................................................................. 14
5. 2 Transient Occupancy Tax Requirement............................................................... 17
5. 3 Upscale Hotel....................................................................................................... 17
5. 4 Ongoing Obligations............................................................................................ 17 iOAK# 4820- 8554- 1516 v2
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TABLE OF CONTENTS
continued)
Page
5. 5 City of Cupertino Business License..................................................................... 18
5. 6 Sales Tax Point of Sale Designation.................................................................... 18 ARTICLE6 ANNUAL REVIEW............................................................................................ 19
6. 1 Annual Review..................................................................................................... 19 ARTICLE 7 COOPERATION AND IMPLEMENTATION...................................................20
7. 1 Subsequent Approvals ......................................................................................... 20
7. 2 Scope of Review of Subsequent Approvals......................................................... 20
7. 3 Processing Applications for Subsequent Approvals............................................21
7. 4 Other Agency Subsequent Approvals; Authority of City....................................21 ARTICLE 8 AMENDMENT OF AGREEMENT AND PROJECT APPROVALS................ 22
8. 1 Amendment by Written Consent......................................................................... 22
8. 2 Project Approval Amendments............................................................................ 22
8. 3 Amendment of this Agreement............................................................................ 23
8. 4 Amendments to Development Agreement Statute............................................... 23 ARTICLE 9 INSURANCE, INDEMNITY AND COOPERATION IN THE EVENT OF LEGAL CHALLENGE................................................................................. 24 i
9. 1 Insurance Requirements....................................................................................... 24 1
9. 2 Indemnity and Hold Harmless............................................................................. 24
9. 3 Defense and Cooperation in the Event of a Litigation Challenge ....................... 24 I
ARTICLE 10 ASSIGNMENT, TRANSFER AND NOTICE 25
10. 1 Assignment
10. 2 Release of Transferring Developer...................................................................... 26
10. 3 Assignment to Financial Institutions or Mortgagee............................................. 26
10. 4 Successive Assignment........................................................................................ 27 ARTICLE 11 MORTGAGEE PROTECTION .......................................................................... 27
11. 1 Mortgagee Protection........................................................................................... 27
11. 2 Mortgagee Not Obligated.................................................................................... 27
11. 3 Notice of Default to Mortgagee........................................................................... 28
11. 4 No Supersedure.................................................................................................... 28
11. 5 Mortgagee Requested Amendments.................................................................... 28 OAK# 4820-8554- 1516 v2 ii172
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TABLE OF CONTENTS
continued)
Page
ARTICLE 12 DEFAULT; REMEDIES; TERMINATION ....................................................... 28
12. 1 Breach and Default .............................................................................................. 28
12. 2 Withholding ofPen-nits........................................................................................ 29
12. 3 Termination.......................................................................................................... 29
12. 4 Specific Performance for Violation of a Condition............................................. 29
12. 5 Legal Actions....................................................................................................... 29
12. 6 Rights and Remedies Are Cumulative................................................................. 30
12. 7 No Damages......................................................................................................... 30
12. 8 Resolution of Disputes......................................................................................... 30
12. 9 Surviving Provisions............................................................................................. 30 ARTICLE13 GENERAL PROVISIONS .................................................................................. 31
13. 1 Condemnation...................................................................................................... 31
13. 2 Covenants Binding on Successors and Assigns and Run with Land................... 31
13. 3 Notice................................................................................................................... 31
13. 4 Permitted Delays.................................................................................................. 32
13. 5 Counterparts......................................................................................................... 33
13. 6 Waivers................................................................................................................ 33
13. 7 Construction of Agreement.................................................................................. 33
13. 8 Headings .............................................................................................................. 33
13. 9 Severability.......................................................................................................... 33
13. 10 Time is of the Essence......................................................................................... 33
13. 11 Extension of Time Limits.................................................................................... 34
13. 12 Other Necessary Acts........................................................................................... 34
13. 13 Signatures............................................................................................................. 34
13. 14 Entire Agreement................................................................................................. 34
13. 15 Estoppel Certificate.............................................................................................. 34
13. 16 Recordation of Termination................................................................................. 35
13. 17 City Approvals and Actions................................................................................. 35
13. 18 Negation of Partnership....................................................................................... 35
13. 19 No Third Party Beneficiaries............................................................................... 35 OAK# 4820- 8554- 1516 v2 iii173
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TABLE OF CONTENTS
continued)
Page
13. 20 Governing State Law........................................................................................... 35
13. 21 Exhibits................................................................................................................ 35
LIST OF EXHIBITS
Exhibit A: Property Legal Description
Exhibit B: Property Boundary and Depiction ofthe Project Exhibit C: Description of the Project
Exhibit D: Existing Impact Fees
Exhibit E: TDM Program
Exhibit F: Annual Review Form
Exhibit G: Form of Assignment and Assumption Agreement
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DEVELOPMENT AGREEMENT
This Development Agreement(" Agreement"), dated as of Effective Date"), is entered into pursuant to the Development Agreement Law, by and between the CITY OF CUPERTINO, a California municipal corporation(" City") and CUPERTINO VILLAGE LP, a California limited partnership (" Developer"). Developer and City are referred to individually in this Agreement as a" Party" and collectively as the" Parties."
RECITALS
This Agreement is entered into on the basis ofthe following facts, understandings and intentions of the Parties. The following recitals are a substantive part of this Agreement; capitalized terms used herein and not otherwise defined are defined in Article 1 ofthis Agreement.
A. In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs and risks of development, the Legislature of the State of California enacted section 65864 et seq. of the Government Code Development Agreement Statute") which authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long- term development agreement establishing certain development rights in the property.
B. In accordance with the Development Agreement Statute, the City Council of the City of Cupertino enacted Municipal Code section 19. 144. 010 et seq. (" Development Agreement Regulations"), which authorize the execution of development agreements and set forth the required contents and form of those agreements. The provisions of the Development Agreement Statute and the City' s Development Agreement Regulations are collectively referred to herein as the" Development Agreement Law."
C. Developer is the owner of that certain real property consisting of approximately
1. 72 acres ( 74,979 square feet) in size(" Property") more particularly described in Exhibit A and depicted in Exhibit B, both attached hereto and incorporated herein. The Property is currently developed with a commercial building, restaurant building and parking lot owned and leased by Developer. This Agreement applies only to the Property and does not affect or burden any other real property owned by Developer and/ or its Affiliated Parties D. Developer submitted applications to the City for a General Plan text amendment GPA- 2017- 05) (" General Plan Amendment"), a Development Permit( DP- 2018- 04) Development Permit"), an Architectural and Site Approval Permit( ASA-2017- 09) ( the Architectural and Site Approval Permit"), a Use Permit( U-2018- 03) (" Use Permit"), a Tree Removal Permit ( TR-2017- 46) (" Tree Removal Permit"), an Exception Permit( EXC- 2018- 03) Exception Permit"), and a Development Agreement( DA-2017- 01). These applications are in furtherance of the request by Developer to remove the existing structures and facilities and develop on the Project Site a new full- service boutique hotel comprising five stories above ground plus two levels of underground parking, containing 185 hotel rooms, meeting rooms, a 1 OAK# 4820- 8554- 1516 Q
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restaurant and associated amenities, facilities and infrastructure ( the " Project"). The Project is described in more detail in Exhibit C, attached hereto and incorporated herein.
E. The Project is the subject of a Mitigated Negative Declaration( EA 2017- 06) MND") prepared pursuant to the California Environmental Quality Act (" CEQA") ( Public Resources Code section 21000 et seq.). The MND is tiered from the General Plan EIR in accordance with Sections 15152 and 15168 ofthe CEQA Guidelines and CEQA Section 21094.
F. After a duly noticed public hearing, the Planning Commission on June 11, 2019 recommended to the City Council adoption of the MND, and approval of the General Plan Amendment, Development Permit, Architectural and Site Approval Permit, Use Permit, Tree Removal Permit, and this Development Agreement.
G. Prior to or concurrently with approval of this Agreement, the City has taken the following actions to review and plan for the future development and use of the Project collectively, the" Existing Approvals"):
1. Adoption of the MND by Resolution No. No. 19- 090 adopted by the City Council on July 16, 2019;
2. Approval of the General Plan Amendment by Resolution No. No. 19- 091 adopted by the City Council on July 16, 2019;
3. Approval ofthe Development Permit by Resolution No. 19- 092 adopted by the City Council on July 16, 2019;
4. Approval of the Architectural and Site Approval Permit by Resolution No. 19- 093 adopted by the City Council on July 16, 2019;
5. Approval of the Use Permit by Resolution No. 19- 095 adopted by the City Council on July 16, 2019;
6. Approval of the Tree Removal Permit by Resolution No. 19- 094 adopted by the City Council on July 16, 2019; and
H. It is the intent of City and Developer to establish certain conditions and requirements related to review, approval, development and operation of the Project, which are or will be the subject of this Agreement and possibly subsequent development applications and land use entitlements iffound to be desired or required.
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I. City specifically finds, as required by Municipal Code section 19. 144. 110 and as reflected in the Enacting Ordinance, that approving this Agreement for the Project will promote orderly growth and quality development in accordance with the goals and policies set forth in the General Plan; is compatible with the uses authorized in, and the regulations prescribed for, the district in which the Property is located; will promote the public convenience, general welfare, and good land use practice; will promote development which is not detrimental to the health, safety and general welfare; will not adversely affect the orderly development ofproperty or the I preservation of property value; and will promote and encourage development of the Project by 2 OAK# 4820- 8554- 1516 Q
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providing a greater degree of requisite certainty. City also finds that the Project will provide substantial public benefits as described in this Agreement.
J. City and Developer have reached mutual agreement and desire to voluntarily enter into this Agreement to facilitate development and operation of the Project subject to the conditions and requirements set forth herein.
K. City has given the required notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to Government Code section 65867 and Municipal Code section 19. 144. 090. City has reviewed and evaluated this Agreement in accordance with the Development Agreement Law and found that the provisions of this Agreement and its purposes are consistent with the Development Agreement Law and the goals, policies, standards and land use designations specified in the General Plan.
L. Following a duly noticed public hearing, on July 16, 2019 the City Council introduced Ordinance No. 19- 2186 approving this Agreement and authorizing its execution, and adopted that Ordinance on August 20, 2019 (" Enacting Ordinance").
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration, the Parties hereby agree as follows:
ARTICLE 1
DEFINITIONS
1. 1 Definitions.
Administrative Agreement Amendment" is defined in Section 8. 3. 3.
Administrative Project Amendment" is defined in Section 8. 2. 1.
Affiliated Party" is defined in Section 10. 1. 2.
Agreement" or " Development Agreement" shall mean this Development Agreement between City and Developer, including all Exhibits hereto.
Annual Review Form" is defined in Section 6. 1. 2.
Annual TMA Fee" is defined in Section 5. 1. 2.
Applicable City Regulations" is defined in Section 3. 4.
Applicable Law" means the Applicable City Regulations and all State and Federal laws and regulations applicable to the Property and the Project as such.State and Federal laws and regulations may be enacted, adopted and amended from time to time, as more particularly described in Section 3. 8 ( Changes in the Law).
Architectural and Site Approval Permit" is defined in Recital D. 3 OAK# 4820- 8554- 1516 Q
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Assignee" is defined in Section 10. 1. 1.
Assignment" is defined in Section 10. 1. 3.
Building Permit" means a building permit issued by the City for the vertical construction of any building( or buildings) within the Project, and shall not include any demolition permit, grading permit, or building pen-nit issued for a foundation or subterranean parking garage.
CEQA" means the California Environmental Quality Act, California Public Resources Code section 21000, et seq., as amended from time to time.
CEQA Guidelines" means the State CEQA Guidelines ( California Code of Regulations, Title 14, section 15000, et seq.), as amended from time to time.
Certificate" is defined in Section 6. 1. 4.
Changes in the Law" is defined in Section 3. 8.
City" means the City of Cupertino.
City Council" means to the City Council of the City of Cupertino.
City Manager" means the City' s City Manager or his or her designee.
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City Parties." means and includes City and its elected and appointed officials, officers, employees, contractors and representatives.
Claims" means liabilities, obligations, orders, claims, damages, fines, penalties and expenses, including attorneys' fees and costs. i
Community Amenity Payment" is defined in Section 5. 1. 1.
Connection Fees" means those fees charged by City on a citywide basis or by a utility provider to utility users as a cost for connecting water, sanitary sewer, and other applicable utilities, except for any such fee or portion thereof that constitutes an Impact Fee.
Construction Tax" is defined in Section 4. 4.
Consumer Price Index" shall mean the cumulative Consumer Price Index for All Urban Consumers ( CPI- U), as defined in Cupertino' s CMC Section 5. 04. 460 ( and as reflected in the most recent report of consumer prices for the San Francisco/Bay Area Standard Metropolitan Statistical Area as published by the U.S. Department of Labor, Bureau of Labor Statistics) or if such index is no longer available by a comparable index as reasonably selected by City. i
Default" is defined in Section 12. 1.
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Developer" means Cupertino Village LP, a California limited partnership and its permitted successors, assigns and Affiliated Parties ( as defined in Section 10. 1. 2). 4 OAK# 4820- 8554- 1516 Q
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Development Agreement" or" Agreement' means this Development Agreement between City and Developer, including all Exhibits hereto.
Development Agreement Law" is defined in Recital B.
Development Agreement Regulations" is defined in Recital B.
Development Agreement Statute" is defined in Recital A.
Development Permit" is defined in Recital D.
Development Project" means a development project as defined by section 65928 of the California Government Code. Notwithstanding section 65928 ofthe California Government Code, Development Project shall also include all ministerial approvals required to carry out, construct, reconstruct, and occupy such a development project.
Effective Date" means the date that this Agreement becomes effective as determined under Section 2. 1.
Enacting Ordinance" refers to the Ordinance identified in Recital L.
Exactions" means exactions that may be imposed by the City as a condition of developing the Project, including requirements for acquisition, dedication or reservation ofland; and obligations to construct on- site or off-site public and private infrastructure improvements such as roadways, utilities or other improvements necessary to support the Project, whether such exactions constitute subdivision improvements, mitigation measures in connection with environmental review of the Project, or impositions made under Applicable City Regulations.
For purposes of this Agreement, Exactions do not include Impact Fees.
Exception Permit" is defined in Recital D.
Existing Approvals" means and includes those permits and approvals for the Project granted by City to Developer as of the Effective Date as set forth in Recital G.
Existing Impact Fees". is defined in Section 4. 1.
General Plan" means City' s Cupertino General Plan: Community Vision 2015- 2040, as amended through the Effective Date.
General Plan Amendment" is defined in Recital D.
General Plan EIR" means the General Plan Amendment, Housing Element Update, and Associated Rezoning Environmental Impact Report( EIR) that was certified by the City Council in December 2014 and the addendum to that EIR that was approved by the City Council in October 2015.
Impact Fees" means the monetary amount charged by City in connection with a Development Project for the purpose of defraying all or a portion of the cost of mitigating the 5 OAK# 4820- 8554- 1516 v2
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impacts of the Development Project or development of the public facilities related to the Development Project, including, any" fee" as that term is defined by Government Code section 66000( b). For purposes ofthis Agreement, a fee that meets both the definitions of an Impact Fee and an Exaction will be considered to be an Impact Fee. Impact Fees do not include Other Agency Fees.
Internships" is defined in Section 5. 1. 7.
Litigation Challenge" is defined in Section 9. 3.
Major Agreement Amendment" is defined in Section 8. 3. 2. i la
Major Project Amendment" is defined in Section 8. 2.2.
1 Material Condemnation" is defined in Section 13. 1.
Meeting Room Benefit" is defined in Section 5. 1. 5.
Minimum Hotel Standard" is defined in Section 5. 3.
MND" or Mitigated Negative Declaration is defined in Recital E.
Mortgage" means any mortgage, deed of trust, security agreement, and other like security instrument encumbering all or any portion of the Property or any of the Developer' s rights under this Agreement.
Mortgagee" means the holder of any Mortgage, and any successor, assignee or transferee of any such Mortgage holder.
Municipal Code" means and refers to the City of Cupertino' s Municipal Code, as amended from time to time.
New City Laws" means and includes any ordinances, resolutions, orders, rules, official policies, standards, specifications, guidelines or other regulations, which are promulgated or adopted by the City( including but not limited to any City agency, body, department, officer or employee) or its electorate( through their power of initiative or otherwise) after the Effective Date.
Notice ofBreach" is defined in Section 12. 1.
Other Agency Fees" is defined in Section 4.3.
Other Agency Subsequent Approvals" means approvals, entitlements and permits required for development or use of the Project to be obtained from entities other than the City.
Parties" shall mean City and Developer.
Permitted Delay" is defined in Section 13. 4.
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Planning Commission" means the City of Cupertino Planning Commission.
Preferential Employment Program" is defined in Section 5. 1. 3.
Prevailing Wage Laws" is defined in Section 9. 2.
Processing Fees" means all fees for processing Development Project applications, including any required supplemental or other further environmental review, plan checking and inspection and monitoring for land use approvals, design review, grading and building permits, General Plan maintenance fees, and other permits and entitlements required to implement the Project, which are in effect at the time those permits, approvals or entitlements are applied for, and which are intended to cover the actual costs of processing the foregoing.
Project Approvals" means the Existing Approvals and all Subsequent Approvals.
Project" is defined in Recital D.
Property" is defined in Recital C.
Public Benefits Covenants" is defined in Section 5. 4.
Reduced Rate Benefit" is defined in Section 5. 1. 6.
Shuttle Service" is defined in Section 5. 1. 4.
STY" or Smith Travel Research is defined in Section 5. 3.
Subsequent Approvals" is defined in Section 7. 1.
Term" is defined in Section 2. 2.
TDMProgram" is defined in Section 5. 1. 2.
TMA" or Transportation Management Association is defined in Section 5. 1. 1. 4.
TOT' or Transient Occupancy Tax is defined in Section 5. 2.
TOT In-lieu Payment" is defined in Section 5. 2.
TOT Law" is defined in Section 5. 2.
TOT Requirement" is defined in Section 5. 2.
Tree Removal Permit" is defined in Recital D.
Use Permit" is defined in Recital D.
ARTICLE 2
EFFECTIVE DATE AND TERM
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2. 1 Effective Date. The Effective Date of this Agreement shall be the later of( a) the date that is thirty( 30) days after the date the Enacting Ordinance is adopted, or( b) the date this Agreement is fully executed by the Parties. The Effective Date is inserted at the beginning of this Agreement. The Parties acknowledge that section 65868. 5 of the Development Agreement Statute requires that this Agreement be recorded with the County Recorder no later than ten( 10) days after the City enters into this Agreement, and that the burdens of this Agreement shall be i binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. The City Clerk shall cause such recordation.
2. 2 Term ofAgreement. The" Term" ofthis Agreement shall commence on the Effective Date and shall expire on the fifth( 5th) anniversary of the Effective Date, unless earlier r terminated or extended by mutual written consent of the Parties hereto in accordance with the requirements of Section 8. 1, below.
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2. 3 City and Warranties. City represents and warrants to Developer that, as of the Effective Date:
2. 3. 1 City is a municipal corporation, and has all necessary powers under the laws of the State of California to enter into and perform the undertakings and obligations of City under this Agreement.
2. 3. 2 The execution and delivery ofthis Agreement and the performance ofthe obligations of the City hereunder have been duly authorized by all necessary City Council action and all necessary City approvals have been obtained.
2. 3. 3 This Agreement is a valid obligation of City and is enforceable in accordance with its terms.
During the Term ofthis Agreement, City shall, upon learning of any fact or condition which would cause of any of the warranties and representations in this Section 2. 3 not to be true, immediately give written notice of such fact or condition to Developer.
2. 4 Developer Representations and Warranties. Developer represents and warrants to City that, as of the Effective Date:
2. 4. 1 Developer is duly organized and validly existing under the laws of the State of California, and is in good standing and has all necessary powers under the laws of the State of California to own property interests and in all other respects enter into and perform the undertakings and obligations of Developer under this Agreement.
2. 4.2 The execution and delivery of this Agreement and the performance of the obligations of Developer hereunder have been duly authorized by all necessary partnership action and all necessary partner approvals have been obtained.
2. 4. 3 This Agreement is a valid obligation of Developer and is enforceable in accordance with its terms.
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2. 4.4 Developer has not( a) made a general assignment for the benefit of creditors; ( b) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Developer' s creditors; ( c) suffered the appointment of a receiver to take possession of all, or substantially all, of Developer' s assets; ( d) suffered the attachment or other judicial seizure of all, or substantially all, of Developer' s assets; or( e) admitted in writing its inability to pay its debts as they come due.
2. 4. 5 Developer and/or its Affiliated Parties are in the business of developing and owning real estate. Developer and its Affiliated Parties have sufficient financial resources to undertake development of the Project and thereafter operate or cause the hotel to be operated as described in Section 5. 3 and as otherwise intended by this Agreement. The entity that operates the hotel, whether Developer, one of its Affiliated Parties, or any third-party entity that Developer arranges for such purpose, shall satisfy the qualifications for an Assignee as described in Section 10. 1. 1 to the extent applicable.
During the Term of this Agreement, Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 2.4 not to be true, immediately give written notice of such fact or condition to City.
ARTICLE 3
DEVELOPMENT OF THE PROPERTY
3. 1 Vested Rights. The Property is hereby made subject to the provisions of this Agreement. Developer shall have the vested right to develop the Property and the Project in conformance with the Existing Approvals, the Subsequent Approvals, Applicable Law and this Agreement, as may be amended from time to time pursuant to this Agreement, which shall control the permitted uses, density and intensity of use of the Property and the maximum height and size of buildings on the Property.
3. 2 Life of Approvals. Pursuant to Government Code section 66452. 6( a) and this Agreement, the life of the Project Approvals shall automatically be extended to and until the later ofthe following: ( 1) the end of the Term of this Agreement; or( 2) the end of the term or life of any such Project Approval. Notwithstanding the foregoing, the vested elements secured by Developer under this Agreement shall have a life no greater than the Term ofthis Agreement.
3. 3 Permitted Uses. The permitted uses for the Property and the Project are those set forth in the Project Approvals, and include the following:
3. 3. 1 Up to 185 hotel rooms in one building of five above- grade stories with a fitness facility and amenities customary for a hotel meeting the Minimum Hotel Standard;
3. 3. 2 below- grade parking;
3. 3. 3 a restaurant/ bar with an outdoor patio, to be open to the general public;
3. 3. 4 a rooftop lounge and/ or bar; and
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The details for each component are subject to the Project and Agreement amendment processes as set forth in Sections 8. 2 and 8. 3 herein. In the event of a conflict between the Existing Approvals and the terms of this Section 3. 3, the Existing Approvals shall govern.
3. 4 Applicable City Regulations. The laws, rules, regulations, official policies, standards and specifications of City applicable to the development, use and operation of the Property and the Project shall be( collectively, "Applicable City Regulations"):
3. 4. 1 Those rules, regulations, official policies, standards and specifications of the City set forth in the Project Approvals and this Agreement; l
3. 4.2 With respect to matters not addressed by and not otherwise inconsistent with the Project Approvals and this Agreement, those laws, rules, regulations, official policies, standards and specifications ( including City ordinances and resolutions) governing permitted j uses, building locations, timing and manner of construction, densities, intensities of uses, maximum heights and sizes, design, set- backs, lot coverage and open space, parking, landscaping, requirements for on- and off-site infrastructure and public improvements and Exactions, in each case only to the extent in full force and effect on the Effective Date;
3. 4. 3 Except as may be addressed in the Project Approvals, New City Laws that relate to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure imposed at any time, provided such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of j Development Projects and properties, and such procedures are not inconsistent with procedures set forth in this Agreement;
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3. 4. 4 New City Laws that revise City' s uniform construction codes, including City' s building code, plumbing code, mechanical code, electrical code, fire code, grading code and other uniform construction codes, as ofthe date ofpermit issuance, provided such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of Development Projects and properties;
3. 4. 5 New City Laws that are necessary to protect physical health and safety of the public, provided such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of Development Projects and properties; i
3. 4. 6 New City Laws that do not conflict with this Agreement or the Project Approvals, provided such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of Development Projects and properties; and
3. 4. 7 New City Laws that do not apply to the Property and/ or the Project due to the limitations set forth above, but only to the extent that such New City Laws are accepted in writing by Developer in its sole discretion.
3. 5 Timing of Development. Developer shall have no obligation to develop the Project or any component of the Project. Without any limitation of the foregoing, it is the desire of the Parties hereto to avoid the result in Pardee Construction Co. v. City of Camarillo, 37 Ca1.3d 465 ( 1984), in which the California Supreme Court held that the failure ofthe parties 10 OAK# 4820- 8554- 1516 Q
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therein to consider, and expressly provide for, the timing of development resulted in a lateradopted initiative restricting the timing of development to prevail over such parties' agreement.
Therefore, notwithstanding the adoption of any initiative after the Effective Date by City' s electorate to the contrary, the Parties acknowledge that, except as otherwise provided for in this Agreement, Developer shall have the vested right during the Term and any extensions thereof to develop the Project at such time as Developer deems appropriate in the exercise of its sole and subjective business judgment.
3. 6 Compliance with Laws. Developer, at its sole cost and expense, shall comply with the requirements of, and obtain all permits and approvals required by local, State and Federal agencies having jurisdiction over the Property or Project. Furthermore, Developer shall carry out the Project work in conformity with all Applicable Law, including applicable state labor laws and standards; Applicable City Regulations; and all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U. S. C. section 12101, et seq., Government Code section 4450, et seq., Government Code section 11135, et seq., and the Unruh Civil Rights Act, Civil Code section 51, et seq.
3. 7 No Conflicting Enactments. Except as otherwise provided in this Agreement, City shall not impose on the Project( whether by action ofthe City Council or by initiative, referendum or other means, including development moratorium or additional Project conditions on Subsequent Approvals) any New City Law that is in conflict with this Agreement or the Existing Approvals or, once approved, the Subsequent Approvals. Without limiting the generality of the foregoing, except as otherwise provided herein, City shall not ( a) apply to the Property any change in land use designation or permitted use, density or intensity of development ofthe Property; (b) apply to the Property any change in off-site infrastructure or utility requirements or limit or control the availability of or ability to obtain public utilities, services, or facilities ( provided, however, nothing herein shall be deemed to exempt the Project or the Property from any water use rationing requirements that may be imposed from time to time in the future and nothing herein shall be deemed a commitment to reserve potable water or sanitary sewer capacity which the Parties acknowledge City does not control); ( c) modify or control building setbacks, square footages or heights; the location of buildings and structures; parking requirements; or grading in a manner that is inconsistent with or more restrictive than the terms included in the Existing Approvals or this Agreement; or( d) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project.
3. 8 Changes in the Law. As provided in section 65869.5 ofthe Development Agreement Law, this Agreement shall not preclude the applicability to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in State or Federal laws or by changes in laws, regulations, plans or policies of special districts or other governmental entities, other than the City, created or operating pursuant to the laws ofthe State of California(" Changes in the Law"). In the event Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement, the Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law. Nothing in this Agreement shall preclude Developer from 11 OAK# 4820- 8554- 1516 Q
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contesting by any available means ( including administrative or judicial proceedings) the applicability to the Project of any such Changes in the Law.
3. 9 Initiatives and Referenda. If any New City Law is enacted or imposed by initiative or referendum, or by the City Council directly or indirectly in connection with any proposed initiative or referendum, which New City Law would conflict with this Agreement or reduce the development rights provided by this Agreement and the Project Approvals, such New City Law shall not apply to the Project. No moratorium or other limitation( whether relating to the rate, timing, phasing, density, height or sequencing of development) affecting subdivision maps, building permits or other entitlements to use that are approved or to be approved, issued or granted within the City, or portions of the City, shall apply to the Project. City, except to submit to vote ofthe electorate initiatives and referendums required by Applicable Law to be placed on a ballot, shall not adopt or enact any New City Law, or take any other action which would violate the express provisions ofthis Agreement or the Project Approvals. Developer reserves the right to challenge in court any New City Law that would conflict with this Agreement or reduce the 1 vested development rights provided by this Agreement. Notwithstanding the foregoing, the Parties acknowledge that City' s approval of this Agreement is a legislative action subject to referendum. Developer further acknowledges and agrees that City does not have authority or jurisdiction over any other public agency' s ability to grant governmental approvals or permits or to impose a moratorium or other limitation that may affect the Project.
3. 10 Regulation by Other Public Agencies. Developer acknowledges that other public agencies not within the control of City possess authority to regulate aspects of the development ofthe Property separately from or jointly with City, and this Agreement does not limit the authority of such other public agencies. Developer will, at the time required in accordance with Developer' s project and construction schedule, apply for all such other permits and approvals as may be required by other governmental or quasi- governmental entities in connection with.the development of, or the provision of services to, the Project. Developer acknowledges that City does not control the amount of any fees imposed by such other agencies. In the event that such fees are imposed upon Developer and are in excess of those allowed by Applicable Law and Developer wishes to object to such fees, Developer may pay such fees under protest. City agrees not to delay issuance of permits or other Subsequent Approvals and entitlements under these circumstances, provided Developer provides City with proof of payment of such fees.
3. 11 No Reservation of Sanitary Sewer or Potable Water Capacity. City has found the Project to be consistent with the General Plan which anticipates that there will be sufficient potable water and sanitary sewer capacity to serve future development contemplated by the General Plan, including the Project, through the Term. However, nothing in this Agreement is intended to provide any reservation of potable water or sanitary sewer capacity.
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ARTICLE 4
FEES
4. 1 Impact Fees. Except as otherwise expressly provided herein, during the Term and any extension thereof City shall have the right to impose and Developer shall pay only such Impact Fees as City has adopted as of the Effective Date, including those set forth in the Project Approvals (" Existing Impact Fees"). For convenience of reference, the Existing Impact Fees are identified in Exhibit D attached hereto and incorporated herein. Any Existing Impact Fees that are in existence as of the Effective Date but are inadvertently omitted from Exhibit D may still be charged. In the event of such inadvertent omission, the Parties shall revise Exhibit D to correct such error. Payment of the Existing Impact Fees shall be at the rates in effect when such fees are due. Notwithstanding the above and subject to Developer' s right to protest and/ or pursue a challenge in law or equity to any new or increased Impact Fees, if City elects in its sole discretion to approve any extension to the Term, in addition to the Existing Impact Fees it may impose any new or increased Impact Fees City may have duly adopted as of the date of such approval.
4. 2 Processing Fees. Subject to Developer' s right to protest and/ or pursue a challenge in law or equity to any new or increased Processing Fee, City may charge and Developer agrees to pay all Processing Fees for processing Development Project applications, including but not limited to any required supplemental or other further environmental review, plan checking and inspection and monitoring for land use approvals, design review, grading and building permits, General Plan maintenance fees, and other permits and entitlements required to implement the Project, at the rates which are in effect on a City-wide basis at the time those permits, approvals, entitlements, reviews or inspections are applied for, requested or required. Without limiting the above, by entering into this Agreement Developer accepts and shall not protest or challenge imposition of the types and amounts of Processing Fees in effect as of the Effective Date.
4.3 Other Agency Fees. Nothing in this Agreement shall preclude City from collecting fees from Developer that are lawfully imposed on the Project by another agency having jurisdiction over the Project, which the City is required to collect on behalf of such other agencies (" Other Agency Fees").
4. 4 Taxes and Assessments. City may impose and Developer agrees to pay any and all existing, new, modified or increased taxes and assessments imposed in accordance with the laws in effect as of the date due, at the rate in effect at the time of payment, including without limitation, the construction taxes imposed by Chapter 3. 32 ofthe Municipal Code Construction Tax").
4. 5 Connection Fees. Subject to Developer' s right to protest and/ or pursue a challenge in law or equity to any new or increased Connection Fee, City may charge and Developer shall pay any Connection Fee that is lawfully adopted. 13 OAK# 4820- 8554- 1516 Q
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ARTICLE 5
PUBLIC BENEFITS
5. 1 Public Benefits Obligations. In consideration ofthe rights and benefits conferred by City to Developer under this Agreement, Developer shall perform the public benefit obligations and pay to City the contributions set forth in this Article 5 all within the times set forth herein.
5. 1. 1 Community Amenity Funding. Developer agrees to pay City Ten Thousand Dollars ($ 10, 000. 00) for each hotel room constructed for an estimated total of One Million Eight Hundred Fifty Thousand Dollars ($ 1, 850,000.00) in installments as described below, for City' s use in the City Council' s discretion subject to the following suggested guidelines (" Community Amenity Payment"), which payment shall be in addition to any Impact Fees otherwise due. Once paid, each installment of the Community Amenity Payment j shall be nonrefundable, except as provided in Section 5. 1. 1. 2 below. In the event City actions or conditions (including, but not limited to, conditions of the Project Approvals, interpretations of City ordinances, regulations and/ or policies, and imposition of applicable building code f requirements) regarding the Project Approvals cause the Project to be finally approved with fewer than 185 hotel rooms, the total Community Amenity Payment shall be Ten Thousand Dollars ($ 10, 000. 00) multiplied by the number of hotel rooms approved for construction; provided, the Community Amenity Payment shall not be reduced ifDeveloper elects to voluntarily reduce the number of hotel rooms.
5. 1. 1. 1. The Community Amenity Payment shall be made in installments as follows:
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1) Within ninety( 90) days ofthe Effective Date, Developer shall pay City a first installment ofthe Community Amenity Payment in the amount ofFifty Thousand Dollars ($50, 000. 00).
2) On or before December 15t of each year, beginning on the first December 1 st after the Effective Date, until the Community Amenity Payment is paid in full, as part of each annual review and together with submission of the Annual Review Form, Developer shall pay City an installment ofthe Community Amenity Payment in the amount ofFifty Thousand Dollars ($ 50, 000. 00).
3) At the time of issuance ofthe first Building Permit for the Project, Developer shall pay twenty- five percent( 25%) of the remainder ofthe Community Amenity Payment.
4) At the time of issuance of the first Certificate of Occupancy for the Project, Developer shall pay the remainder of the Community Amenity Payment.
5) In the event of a Litigation Challenge( described below in Section 9. 3), all Community Amenity Payment installments shall be postponed until final resolution of the Litigation Challenge. 14 OAK# 4820- 8554- 1516 Q
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5. 1. 1. 2 Except as specified herein, Community Benefit Payment installments paid to City shall be nonrefundable even ifthe Project is not built or occupied, and Developer acknowledges that such installments and the timing oftheir payment constitute partial consideration for City entering into this Agreement and are paid at Developer' s risk. i Notwithstanding the above, ifthis Agreement is terminated or the Project is not constructed due to bad faith action or failure to act by City regarding the Project Approvals leading to an uncured Default, which is not resolved after completion of the dispute resolution process in Section 12. 8, then upon final judgment by a court of competent jurisdiction in Developer' s favor such payments shall be refundable to Developer.
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5. 1. 1. 3 Funds may be used in any part of the City to benefit residents, businesses, and visitors, including on projects that will enhance and enrich the experience of the most proximate City residents, retail and restaurant customers, and hotel guests.
5. 1. 1. 4 Without limiting City' s discretion in its use ofthe Community Amenity Payment, the following types of uses or activities have been identified as candidates:
1) Local transportation facilities, such as the I-280 Trail, bicycle lanes, the I-280/Wolfe Road Interchange project, projects identified in the 2016 Cupertino Bicycle Transportation Plan, or projects identified in the 2018 Cupertino Pedestrian Transportation Plan( without replacing fair- share impact fees also owed by Developer); 2) Start- up costs for the Transportation Management
Association (" TMA");
3) Permanent local public art projects or temporary exhibits in addition to any public art installation or payment otherwise owed); and 4) Landscaping beautification improvements in public parks, parkways or roadway medians.
5. 1. 2 Transportation Demand Management ( TDM) Program. Developer shall fund and fully implement the " TDM Program" described in Exhibit E attached hereto and incorporated herein. In addition, if at any time a TMA is formed whose coverage and service area includes the Property, Developer agrees to participate in the TMA in addition to funding and implementing the TDM Program. In the event a TMA is formed, Developer commits to pay an annual participation fee, which initially shall not exceed Ten Thousand Dollars ($ 10, 000. 00) ( the TMA Fee"). Developer shall have the right to participate in any process established for formation of the TMA including, but not limited to, the right to comment on the scope and nature of the proposed TMA' s coverage and service area and the amount of the annual participation fee.
The annual TMA Fee paid by Developer may increase each year based on any increase in the Consumer Price Index over the prior one-year period, beginning the year after the year in which the TMA is formed
5. 1. 3 Preferential Hiring. Developer shall establish a program giving preference to Cupertino residents for employment in the Project in all positions, during initial staffing and on an ongoing basis as openings occur(" Preferential Employment Program"). The program 15 OAK# 4820- 8554- 1516 v2
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shall be subject to approval by the City Manager in his/her reasonable discretion. The Annual Review Form submitted by Developer pursuant to Section 6. 1 shall include a report on Developer' s outreach and hiring efforts and results during the preceding year. i
5. 1. 4 Shuttle Service. In order to reduce automobile use in Cupertino, with the attendant effects on traffic and air quality, Developer shall provide access to a shuttle service available for the following purposes ( the" Shuttle Service"):
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for hotel guests traveling between the hotel and San Jose International Airport, Caltrain, BART, VTA, major employment centers and other destinations in the area;
5. 1. 4.2 for people traveling to or from the hotel related to using the Project' s meeting rooms for functions; and
5. 1. 4.3 subject to availability, for nearby residents, businesses and the j general public to travel between the hotel and area destinations.
5. 1. 5 Meeting Rooms. Developer shall allow City to use the Project' s meeting j rooms on a complimentary basis for official City business purposes (" Meeting Room Benefit").
The City shall request reservations for the Meeting Room Benefit at least fifteen ( 15) days in advance of any proposed use, and there shall be no caps on the amount of such use. Such use shall be subject to availability, but an existing City reservation cannot be canceled in favor of a paying user. Catering services for such uses shall be made available at a twenty- five percent 25%) discount from regular charges ( provided, however, that to the extent the discount results in a charge less than the actual costs of the catering services, user shall be required to pay the actual costs), but the user will not be required to use the Project' s catering.
5. 1. 6 Reduced Rates. Subject to availability, Developer shall establish a program to rent rooms in the hotel at a reduced rate to people visiting Cupertino for official business with City, and to dignitaries visiting for City purposes and events (" Reduced Rate Benefit Program"). The program shall be subject to approval by the City Manager in his/ her reasonable discretion and shall include hotel rates at least ten percent( 10%) lower than the hotel' s lowest rate otherwise offered by the hotel through its available annual discount programs.
In each case the City Manager shall confirm that a visitor qualifies for the Reduced Rate Benefit, and the City Manager may from time to time provide a list of persons who are pre-qualified. i
5. 1. 7 Internships. Developer shall offer non-paid educational internships for students from Fremont Unified High School District, De Anza College or other local colleges interested in careers in the hospitality industry(" Internships"). Subject to hotel staffing needs and the availability of trained supervisors, internships shall be available to between one and five students at a time, during the summer and during the school year. Developer retains flexibility in arranging the duration of Internships, and anticipates 10- week terms involving 10- 20 hours per week of onsite work that will provide a varied, interesting and educational experience in the Project' s hotel, catering, meeting and other activities. Developer shall solicit applications from local schools; first preference for at least one- half of the Internships at any given time shall be given to City of Cupertino residents.
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5. 2 Transient Occupancy Tax Requirement. In consideration of the rights and benefits conferred by City to Developer under this Agreement, and in recognition that the transient occupancy tax (" TOT") to be generated by the hotel is a significant incentive for City to enter into this Agreement, any hotel or similar business operating on the Property shall abide by the provisions of California Revenue and Taxation Code section 7280, Municipal Code section 3. 12 and any other applicable law ( collectively, " TOT Law"), as they may change from time to time, so as to assure that the TOT may be collected from each person occupying a room at the hotel (" TOT Requirement"). Without limiting the foregoing, to the extent permitted by law Developer shall not allow any person to occupy a particular room for longer than thirty consecutive calendar days, counting portions of days as full days, and shall require any person desiring to stay longer to check out and check back in, or otherwise as may be required by the TOT Law, so as to preserve the ability to collect the TOT from such person. Developer shall collect the TOT from all persons unless such person has been exempted by City and has documented such exemption as may be required by the TOT Law. Developer shall charge the TOT at the rate adopted by City, as it may change from time to time, and remit the TOT to City as required by City regulations. To the extent that any person' s stay extends beyond the time allowed under the TOT Law for collection ofTOT, so that Developer may no longer collect TOT for the additional days, Developer shall pay City an amount equivalent to the TOT that otherwise might have been collected ( the" TOT In-lieu Payment"), remitted along with TOT collected.
5. 3 Upscale Hotel. Developer has represented to City that the Project will provide a facility described as an" upper upscale boutique hotel", which City interprets in part to mean that the hotel will charge higher rates and will provide better amenities than most hotels, which in turn means that the hotel will generate more TOT and add to Cupertino' s prestige. City has relied on this characterization and benefits as an incentive to enter into this Agreement.
Therefore, any hotel or similar business operating on the Property shall meet or exceed the standards to qualify as" Upper Upscale" as promulgated by Smith Travel Research(" STR"), or ifthe STR rating system no longer is available then another similar source of hotel rating mutually acceptable to the Parties ( the " Minimum Hotel Standard").
5. 4 Ongoing Obligations. The following public benefit obligations are ongoing obligations that shall continue in effect during and after the Term of this Agreement and after termination of this Agreement in accordance with the following criteria, and the ongoing nature of the obligations shall be memorialized in one or more recorded documents binding on the Property and its uses, the form( s) of which shall be prepared and mutually agreed upon by the Parties no later than and as a condition to issuance ofthe first Building Permit for the Project collectively, the" Public Benefits Covenants").
5. 4. 1 The TDM Program shall remain in effect so long as and whenever a hotel or other business operates on the Property; provided, a change in the type of business may require changes to the TDM Program as needed to recognize different transportation-related effects and needs.
5. 4.2 Payment of the Annual TMA Fee, once started, shall continue so long as the TMA is in existence, so long as and whenever a hotel or other business operates on the Property.
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5. 4.3 The Preferential Employment Program shall remain in effect so long as and whenever a hotel or other business operates on the Property. i
5. 4.4 The Shuttle Service, Reduced Rate Benefit, Internships, TOT Requirement including the TOT In- lieu Payment), Meeting Room Benefit and Minimum Hotel Standard shall remain in effect so long as and whenever a hotel or similar type ofbusiness operates on the 1 Property.
5. 5 Cityof Cupertino Business License. Developer, at its expense, shall obtain and maintain a City of Cupertino business license at all times, and shall include a provision in all 1 general contractor agreements for the Project requiring each such general contractor to obtain and maintain a City of Cupertino business license during performance of the work of construction.
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5. 6 Sales Tax Point of Sale Designation. Developer shall use good faith, diligent efforts to the extent allowed by law to require all persons and entities providing bulk lumber, concrete, structural steel and pre-fabricated building components, such as roof trusses, to be used in connection with the construction and development of, or incorporated into, the Project, to ( a) obtain a use tax direct payment permit; ( b) elect to obtain a subcontractor permit for the job site of a contract valued at Five Million Dollars ($ 5, 000, 000) or more; or ( c) otherwise designate the Property as the place of use of material used in the construction of the Project in order to have the local portion of the sales and use tax distributed directly to City instead of through the 1 county-wide pool. Developer shall instruct its general contractor( s) for the Project to, and shall cause such general contractor(s) to instruct its/their subcontractors to, cooperate with City to ensure the local sales/use tax derived from construction of the Project is allocated to City to the fullest extent possible. To assist City in its efforts to ensure that such local sales/ use tax is so dl allocated to City, Developer shall on an annual basis, or more frequently upon City' s request, provide City with such information as shall be reasonably requested by City regarding subcontractors working on the Project with contracts in excess ofthe amount set forth above, including a description of all applicable work and materials and the dollar value of such subcontracts, and, if applicable, evidence of their designation, such as approvals or applications for the direct payment permit, of City as the place of use of such work and materials. City may use such information to contact each subcontractor who may qualify for local allocation of use taxes to City.
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ARTICLE 6
ANNUAL REVIEW
6. 1 Annual Review.
6. 1. 1 Purpose. As required by California Government Code section 65865. 1 and Municipal Code section 19. 144. 060( H), City and Developer shall review this Agreement and all actions taken pursuant to the terms of this Agreement with respect to the development of the Project every twelve ( 12) months to determine good faith compliance with this Agreement.
Specifically, City' s annual review shall be conducted for the purposes of determining compliance by Developer with its obligations under this Agreement and document the status of Project development. Annual review shall continue after the Term, so City may determine compliance with the ongoing public benefit obligations described in Article 5.
6. 1. 2 Conduct of Annual Review. The annual review shall be conducted as provided in this Section 6. 1. 2. By December 1 st of each year, Developer shall provide documentation of its good faith substantial compliance with this Agreement and the terms of the Public Benefits Covenants during the previous calendar year, including a completed Annual Review Form in the form provided in Exhibit F and such other information as may reasonably be requested by the City Manager. Ifthe City Manager finds good faith compliance by Developer with the terms ofthis Agreement and the Public Benefits Covenants, Developer shall be notified in writing and the review for that period shall be concluded. Ifthe City Manager is not satisfied that Developer is performing in accordance with the terms and conditions of this Agreement or one or more of the Public Benefits Covenants, the City Manager shall prepare a written report specifying why the Developer may not be in good faith compliance, refer the matter to the City Council, and notify Developer in writing at least fifteen( 15) business days in advance ofthe time at which the matter will be considered by the City Council. This notice shall include the time and place of the City Council' s public hearing to evaluate good faith compliance with this Agreement and the Public Benefits Covenants, a copy of the City Manager' s report and recommendations, if any, and any other information reasonably necessary to inform Developer of the nature ofthe proceeding. The City Council shall conduct a public hearing at which Developer must submit evidence that it has complied in good faith with the terms and conditions of this Agreement and the Public Benefits Covenants. Developer shall be given an opportunity to be heard at the hearing. The findings ofthe City Council on whether Developer has complied in good faith for the period under review shall be based upon substantial evidence in the record.
If the City Council determines, based upon substantial evidence, that Developer has complied in good faith with the terms and conditions of this Agreement and the Public Benefits Covenants, the review for that period shall be concluded. Ifthe City Council determines, based upon substantial evidence in the record, that Developer has not complied in good faith with one or more terms and conditions ofthis Agreement or the Public Benefits Covenants, or there are significant questions as to whether Developer has substantially complied in good faith, the City Council, at its option, may continue the hearing and may notify Developer of the City' s intent to meet and confer with Developer within thirty( 30) days of such determination, prior to taking further action. Following such meeting, the City Council shall resume the hearing in order to further consider the matter and to make a determination regarding Developer' s good faith compliance. In the event the City Council determines Developer is not in good faith compliance 19 OAK# 4820- 8554- 1516 v2
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with the terms and conditions of this Agreement, City may give the Developer a written Notice of Breach, in which case the provisions of Section 12. 1, below, shall apply.
6. 1. 3 Failure to Conduct Annual Review. Failure of City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review.
6. 1. 4 Certificate of Compliance. If, at the conclusion ofthe annual review described in Section 6. 1. 2, the Developer is found to be in good faith compliance with this Agreement and the Public Benefits Covenants, City shall, upon request by Developer, issue a Certificate of Compliance(" Certificate") to Developer stating that after the most recent annual review and based upon the information actually known to an appropriate official of City specified in such Certificate that: ( a) this Agreement remains in effect( for the remainder of the Term), and ( b) the Developer is not in Default of this Agreement or the Public Benefits Covenants. The Certificate shall be in a recordable form, shall contain information necessary to communicate constructive record notice of the fmding of compliance, and shall state the j anticipated date of commencement of the next annual review. Developer may record the Certificate at its sole cost and expense without cost or expense to City.
ARTICLE 7
COOPERATION AND IMPLEMENTATION
7. 1 Subsequent Approvals. Certain subsequent land use approvals, entitlements, and permits other than the Existing Approvals, will be necessary or desirable for implementation of the Project (" Subsequent Approvals"). The Subsequent Approvals may include, without limitation, the following: amendments ofthe Existing Approvals, demolition and grading permits, excavation permits, building permits, design review permits, sign permits, sewer and water connection permits, encroachment permits, certificates of occupancy, lot line adjustments or lot merger, site plans, development plans, land use plans, building plans and specifications, and any amendments to, or repealing of, any of the foregoing. Except as otherwise expressly provided herein, the City shall not impose requirements or conditions upon the development and construction ofthe Project that are inconsistent with the Existing Approvals, including the terms and conditions of this Agreement, and any Subsequent Approvals as may be obtained from time to time.
7. 2 Scope of Review of Subsequent Approvals. City, in approving the Existing Approvals and vesting the Project through this Agreement, is limiting its future discretion with respect to the Project and Subsequent Approvals to determining whether the application for a Subsequent Approval is consistent with and meets the criteria set forth in the Applicable City Regulations, Existing Approvals, and where applicable, other Project Approvals previously S granted. Subject to the foregoing, City reserves discretion to impose appropriate Exactions in connection with issuance of Subsequent Approvals, as necessary to bring the Subsequent Approval into compliance with Applicable Law and Existing Approvals. At such time as any Subsequent Approval applicable to the Property is approved by City, then such Subsequent Approval shall become subject to all the terms and conditions ofthis Agreement applicable to 20 OAK# 4820- 8554- 1516 v2
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Project Approvals and shall be automatically vested and treated as a" Project Approval" under this Agreement.
7. 3 Processing Applications for Subsequent Approvals.
7. 3. 1 Timely Submittals by Developer. Developer acknowledges that City cannot begin processing applications for Subsequent Approvals until Developer submits complete applications on a timely basis. Developer shall use diligent good faith efforts to a) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and ( b) cause Developer' s planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other materials required under Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Approvals.
7. 3. 2 Timely Processing by City. Upon submission by Developer of all appropriate applications and Processing Fees for any pending Subsequent Approval, City shall, to the full extent allowed by Applicable Law, promptly and diligently, subject to City ordinances, policies and procedures regarding hiring and contracting, commence and complete all steps necessary to act on Developer' s currently pending Subsequent Approval applications including: ( a) providing at Developer' s expense and subject to Developer' s request and prior approval, reasonable overtime staff assistance, additional staff and/or staff consultants for concurrent, expedited planning and processing of each pending Subsequent Approval application; (b) iflegally required, providing notice and holding public hearings; and( c) acting on any such pending Subsequent Approval application. To the greatest extent permitted by the Existing Approvals or Applicable Law, Subsequent Approvals will be processed administratively by City staff. Developer' s obligation to pay for the processing of Subsequent Approvals, including staff time, materials and third-party consultants, shall be based on the City' s actual outof-pocket costs, plus a fifteen percent( 15%) markup of consultant costs, per existing policy, to cover City' s costs ofmanaging such third-party consultants and administering their contracts.
7. 3. 3 CEQA. In connection with its consideration and approval of Existing Approvals, the City prepared and adopted the N4ND, which evaluated the environmental effects of the Existing Approvals for the Project, and has adopted mitigation measures to reduce the significant environmental effects therefrom. The Parties acknowledge that certain Subsequent Approvals may legally require additional analysis under CEQA. Nothing contained in this Agreement is intended to prevent or limit the City from complying with CEQA. In acting on Subsequent Approvals, City will rely on the MND to the fullest extent permissible by CEQA as determined by City in the exercise of its independent judgment. In the event additional environmental review is required for a Subsequent Approval, City shall limit such additional review to the scope of analysis mandated by CEQA and shall not adopt new mitigation measures except as legally required, all as determined by the City as the lead agency under CEQA in the exercise of its independent judgment.
7. 4 Other Agency Subsequent Approvals; Authority of City. City shall cooperate with Developer, to the extent appropriate and as permitted by Applicable Law, in Developer' s efforts to obtain, as may be required, Other Agency Subsequent Approvals. Notwithstanding the 21 OAK# 4820- 8554- 1516 v2
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issuance to Developer of Other Agency Subsequent Approvals, Developer agrees that City shall have the right to review, modify, approve and/ or reject any and all submissions subject to the Other Agency Subsequent Approvals which, but for the authority of the other governmental or quasi- governmental entities issuing the Other Agency Subsequent Approvals, would otherwise require City approval. Developer agrees that City may review, modify, approve and/or reject any such materials or applications to ensure consistency with this Agreement and the Project Approvals and Developer shall incorporate any and all changes required by City prior to submitting such materials and applications to the other governmental or quasi- governmental entities for review and/ or approval.
ARTICLE 8
AMENDMENT OF AGREEMENT AND PROJECT APPROVALS
8. 1 Amendment by Written Consent. Except as otherwise expressly provided herein including Section 6. 1 relating to City' s annual review and Section 12. 3 relating to termination in the event of a breach), this Agreement may be terminated, modified or amended only by mutual written consent ofthe Parties hereto or their successors in interest or assignees and in accordance with the provisions of Government Code sections 65967, 65867. 5 and 65868.
8. 2 Project Approval Amendments. To the extent permitted by Applicable Law, Project Approvals may, from time to time, be amended in the following manner:
8. 2. 1 Administrative Project Amendments. Upon Developer' s written request for an amendment or modification to the Project Approvals or Subsequent Approvals, the City Manager shall determine: ( i) whether the requested amendment or modification is minor when I considered in light of the Project as a whole; and( ii) whether the requested amendment or modification is consistent with this Agreement and Applicable Law. Ifthe City Manager or his/ her designee finds, in his or her sole discretion, that the proposed amendment or modification is minor, consistent with this Agreement and Applicable Law, and will result in no new significant impacts not addressed and mitigated in the MND, the amendment or modification shall be determined to be an" Administrative Project Amendment" and shall not require an amendment to this Agreement. Upon the City Manager' s approval, any Administrative Project Amendment shall be automatically incorporated into the applicable Project Approvals and this Agreement. Without limiting the foregoing, and by way of example, after City approval of the Existing Approvals, Developer requests for lot line adjustments, minor changes in improvement plans, minor changes in land uses involving minimal acreage, minor alterations in vehicle circulation patterns or vehicle access points, minor changes in the amount ofparking and parking layout, changes in pathway alignments, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures that do not substantially alter the infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Site Map or Property Description may be treated as Administrative Project Amendments.
8. 2. 2 Major Project Amendments. Any amendment to the Project Approvals which is determined not to be an Administrative Project Amendment as set forth above in Section 8. 2. 1 shall be deemed a" Major Project Amendment." A Major Project Amendment shall be processed in the same manner and require the same approvals as the original Project 22 OAK# 4820-8554- 1516 v2
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Approval, including, where so required, giving of notice and a public hearing before the Planning Commission and City Council in accordance with Applicable Law. The City Manager or his or her designee shall have the authority to determine if an amendment is a Major Project Amendment subject to this Section 8. 2. 2 or an Administrative Project Amendment subject to Section 8. 2. 1.
8. 3 Amendment of this Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties or their successors in interest, as follows:
8. 3. 1 Administrative Agreement Amendments. Any amendment to this Agreement which does not substantially affect( a) the Term; (b) permitted uses of the Property; c) provisions for the reservation or dedication of land; ( d) conditions, terms, restrictions or requirements for Subsequent Approvals; ( e) increases in the density or intensity of the use of the Property or the maximum height or size of proposed buildings; ( f)monetary contributions by Developer; or( g) the provision of public benefits described in Article 5, shall be deemed an Administrative Agreement Amendment" and the City Manager or his or her designee, except to the extent otherwise required by Applicable Law, may approve the Administrative Agreement Amendment without notice and public hearing.
8. 3. 2 Major Agreement Amendments. Any amendment to this Agreement which is determined not to be an Administrative Agreement Amendment as set forth above in Section 8. 3. 1 shall be deemed a" Major Agreement Amendment" and shall require giving of notice and a public hearing before the Planning Commission and City Council in accordance with Applicable Law. The City Manager or his or her designee shall have the authority in her or her sole discretion to determine if an amendment is a Major Agreement Amendment subject to this Section 8. 3. 2 or an Administrative Agreement Amendment subject to Section 8. 3. 1.
8. 3. 3 Requirement for Writing. No modification, amendment or other change to this Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing which refers expressly to this Agreement and is signed by duly authorized representatives of both Parties or their successors in interest. A copy of any change shall be provided to the City Council within thirty( 30) days of its execution.
8. 4 Amendments to Development Agreement Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute as those provisions existed as of the date of execution of this Agreement. No amendment or addition to those provisions which would materially affect the interpretation or enforceability ofthis Agreement shall be applicable to this Agreement, unless such amendment or addition is specifically required by the California State Legislature, or is mandated by a court of competent jurisdiction. If such amendment or change is permissive( as opposed to mandatory), this Agreement shall not be affected by same unless the Parties mutually agree in writing to amend this Agreement to permit such applicability.
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ARTICLE 9
INSURANCE, INDEMNITY AND COOPERATION IN THE EVENT OF
LEGAL CHALLENGE
9. 1 Insurance Requirements. Prior to commencement of construction activities including demolition) and through completion of all construction activities for the Project, Developer shall procure and maintain, or cause its contractor( s) to procure and maintain, a commercial general liability policy in an amount not less than Five Million Dollars ($ 5, 000, 000) combined single limit, including contractual liability together with a comprehensive automobile liability policy in the amount ofTwo Million Dollars ($2, 000, 000), combined single limit. Such policy or policies shall be written on an occurrence forin. Developer' s insurance shall be placed with insurers with a current A.M. Best' s rating of no less than A-:VII or a rating otherwise approved by the City in its sole discretion. Developer shall furnish at City' s request appropriate certificate( s) of insurance evidencing the insurance coverage required hereunder, and City Parties j shall be named as additional insured parties in such policies. The certificate of insurance shall s contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty( 30) days in advance of the effective date of any such material change, cancellation or termination( ten( 10) days advance notice in the case of cancellation for nonpayment of premiums) where the insurance carrier provides such notice to the Developer. Coverage provided hereunder by Developer shall be primary insurance and shall not be contributing with any insurance, self-insurance or joint self-insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City. 1 i
9.2 Indemnity and Hold Harmless. Developer shall indemnify, defend( with counsel reasonably acceptable to City) and hold harmless City Parties from and against any and all Claims, including Claims for any bodily injury, death, or property damage, resulting directly or indirectly from the development or construction ofthe Project and, if applicable from compliance with the terms of this Agreement, and/ or from any other acts or omissions of Developer under this Agreement, whether such acts or omissions are by Developer or any of Developer' s contractors, subcontractors, agents or employees; provided that Developer' s obligation to indemnify and hold harmless ( but not Developer' s duty to defend) may be limited to the extent such Claims are found to arise from the active negligence or willful misconduct of any City Party. This Section 9.2 includes any and all present and future Claims arising out of or in any way connected with Developer' s or its contractors' obligations to comply with any applicable State Labor Code requirements and implementing regulations of the Department of 1 Industrial Relations pertaining to " public works"( collectively, " Prevailing Wage Laws"), including all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781. Developer' s obligations under this Section 9. 2 shall survive expiration or earlier termination of this Agreement.
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9. 3 Defense and Cooperation in the Event of a Litigation Challenge. City and Developer shall cooperate in the defense of any court action or proceeding instituted by a third parry or other governmental entity or official challenging the validity of any provision of this Agreement, or the Project Approvals (" Litigation Challenge"), and the Parties shall keep each other informed of all developments relating to such defense, subject only to confidentiality requirements that may prevent the communication of such information. To the extent Developer 24 OAK 94820- 8554- 1516 v2
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desires to contest or defend such Litigation Challenge, ( a) Developer shall take the lead role defending such Litigation Challenge and may, in its sole discretion, elect to be represented by the legal counsel of its choice, with the costs of such representation, including Developer' s administrative, legal and court costs, paid solely by Developer; ( b) City may, in its sole discretion, elect to be separately represented by the legal counsel of its choice in any such action or proceeding with the costs of such representation including City' s administrative, legal, and court costs and City Attorney oversight expenses, paid by Developer; and( c) Developer shall indemnify, defend, and hold harmless City Parties from and against any damages, attorneys' fees or cost awards, including attorneys' fees awarded under Code of Civil Procedure section 1021. 5, j assessed or awarded against City by way ofjudgment, settlement, or stipulation. Any proposed settlement of a Litigation Challenge shall be subject to City' s and Developer' s approval not to be unreasonably withheld, conditioned or delayed. If the terms of the proposed settlement would constitute an amendment or modification of this Agreement or any Project Approvals, the settlement shall not become effective unless such amendment or modification is approved by City and Developer in accordance with Applicable Law, and City reserves its full legislative discretion with respect to any such City approval. If Developer opts not to contest or defend such Litigation Challenge, City shall have no obligation to do so. Developer shall reimburse City for its costs incurred in connection with the Litigation Challenge within ten( 10) business days following City' s written demand therefor, which may be made from time to time during the course of such litigation. Developer' s obligations under this Section 9. 3 shall survive expiration or earlier termination of this Agreement.
ARTICLE 10
ASSIGNMENT, TRANSFER AND NOTICE
10. 1 Assignment. Material consideration and incentive for City agreeing to enter into this Agreement are those public benefits described in Article 5 that are dependent on the Property being developed and operated on a long-term basis as an" Upper Upscale" hotel as described in Section 5. 3. For that reason, certain restrictions on the right of Developer to assign or transfer its interest under this Agreement with respect to the Property during the Term are necessary in order to assure the achievement of the goals, objectives and public benefits of the Project and this Agreement. Developer agrees to and accepts the restrictions set forth in this Section 10. 1 as reasonable and as a material inducement for City to enter into this Agreement.
10. 1. 1 Assignment Criteria. Developer shall have the right to sell or transfer its fee interest, or ground lease its interests in the Property, or convey or assign or its right to operate a hotel or similar business on the Property, or enter into a contract for operation of a hotel or similar business, to any person, partnership, joint venture, firm, company, corporation or other entity( any of the foregoing, an" Assignee") subject to the written consent of City, which shall not be unreasonably withheld, delayed or conditioned to the reasonable satisfaction of the City Manager, if Developer or the Assignee satisfies the following conditions:
10. 1. 1. 1 The proposed Assignee provides acceptable and verifiable documentation that it is in the business of developing, owning and/ or operating" Upper Upscale" hotels as described in Section 5. 3 and has substantial experience in such hotel operations, such experience being at a minimum developing, owning and/ or operating two or more such hotels within the preceding ten years;
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10. 1. 1. 2 The proposed Assignee provides acceptable and verifiable documentation that it has sufficient financial resources to undertake development and/ or operation of the Property as an" Upper Upscale" hotel and perform the obligations of Developer under this Agreement, including meeting the Public Benefit Covenants;
10. 1. 1. 3 Developer is not in Default under this Agreement or under any Public Benefit Covenant, or the Assignee agrees to cure any Default promptly after the assignment;
10. 1. 2 Affiliate Assi
Went. Notwithstanding the foregoing, Developer may
assign its rights under this Agreement without the consent of City( but after providing City the notice and Assignee' s assumption agreement pursuant to Section 10. 1. 3) to any corporation, limited liability company, partnership or other entity which is controlling of, controlled by, or under common control with Developer, and " control," for purposes ofthis definition, means effective management and control of the other entity, subject only to major events requiring the consent or approval ofthe other owners of such entity(" Affiliated Party"). j i
10. 1. 3 Notice. At least thirty( 30) days prior to Developer' s desired assignment date, Developer shall provide City with written notice of any proposed transfer or assignment of Developer' s rights or obligations.hereunder( each, an" Assignment") together with such 1 information needed to document satisfaction of the conditions in Section 10. 1 required for an Assignment, and request City' s consent to such Assignment as provided herein. Each such notice shall be accompanied by evidence of Assignee' s assumption of Developer' s obligations hereunder in the form ofExhibit G, which shall be recorded in the Official Records of Santa Clara County( assuming City approves the Assignment) concurrent with transfer to the Assignee.
City shall provide its written consent or other response within thirty( 30) days of City' s receipt of the notice and required documentation.
10. 1. 4 Payment of Costs. Developer shall pay the actual costs borne by City in connection with its review of the proposed Assignment, including costs of attorney review.
10. 2 Release ofTransferring Developer. Except with respect to a permitted transfer and assignment to an Affiliated Party, notwithstanding any sale, transfer or assignment of the Property, Developer shall continue to be obligated under this Agreement as to all of the Property so transferred unless City has consented to the assignment as provided above and receives and records Assignee' s assumption agreement.
10. 3 Assignment to Financial Institutions or Mortgagee.
10. 3. 1 Notwithstanding any other provision ofthis Agreement, Developer may assign all or any part ofits rights and duties under this Agreement to any financial institution or Mortgagee from which Developer has borrowed funds for use in constructing the Project or otherwise developing the Property and neither such assignment nor the financing shall require consent from City; provided, City shall be given notice of such intended assignment at least ten business days beforehand, and before such assignment may take effect such financial institution or Mortgagee shall give City confirmation acknowledging and agreeing that its interest in the Property is subject to this Agreement and, both during and after the Term, to the Public Benefit 26 OAK# 4820- 8554- 1516 Q
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Covenants. Developer shall provide a copy of the deed of trust to City within ten( 10) business days following execution thereof. A conditional assignment or other transfer by a financial institution or Mortgagee back to Developer as part of any financing transaction shall not require City' s consent.
10. 3. 2 Any person acquiring title or taking possession of the Property from a financial institution or Mortgagee following a foreclosure or deed in lieu of foreclosure must satisfy the criteria for an Assignee in Section 10. 1. 1, with documentation of such satisfaction provided to City before transfer of title or possession.
10. 4 Successive Assignment. In the event there is more than one Assignment under the provisions of this Article 10, the provisions of this Article 10 shall apply to each successive Assignment and Assignee.
ARTICLE 11
MORTGAGEE PROTECTION
11. 1 Mortgagee Protection. Neither entering into this Agreement nor a breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value. Nothing in this Agreement shall prevent or limit Developer, at its sole discretion, from granting one or more Mortgages encumbering all or a portion of Developer' s interest in the Property or portion thereof or improvement thereon as security for one or more loans or other financing, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against and shall run to the benefit of Mortgagee who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee' s sale, deed in lieu of foreclosure or otherwise. Any Mortgage shall be subject and subordinate to the Public Benefits Covenants, even ifthe document extending the Public Benefits Covenants past the Term has not yet been recorded. Developer shall provide the City with a copy ofthe deed of trust or mortgage within ten( 10) days after its recording in the official records of Santa Clara County so as to demonstrate its subordination to the Public Benefits Covenants; provided, however, that Developer' s failure to provide such document shall not affect any Mortgage, including without limitation, the validity, priority or enforceability of such Mortgage.
11. 2 Mortgagee Not Obligated. No Mortgagee( including one who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee' s sale, deed in lieu of foreclosure or otherwise) shall have any obligation to construct or complete construction of improvements, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any use except in full compliance with this Agreement and the other Project Approvals nor to construct any improvements thereon or institute any uses other than those uses or improvements provided for or authorized by this Agreement, or otherwise under the Project Approvals. Except as otherwise provided in this Section 11. 2, all of the terms and conditions contained in this Agreement and the other Project Approvals shall be binding upon and effective against and shall run to the benefit of any person or entity, including any Mortgagee, or its transferee, who acquires title or possession to the Property, or any portion thereof.
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11. 3 Notice of Default to Mortgagee. If City receives a notice from a Mortgagee requesting a copy of any Notice of Default given Developer hereunder and specifying the address for service thereof, then City agrees to use its diligent, good faith efforts to deliver to such Mortgagee, concurrently with service thereon to Developer, any Notice of Default given to Developer. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of Default claimed or the areas ofnoncompliance set forth in City' s Notice ofDefault. If a Mortgagee is required to obtain possession in order to cure any Default, the time to cure shall be tolled so long as the Mortgagee is attempting to obtain possession, including by appointment of a receiver or foreclosure, but in no event may this period exceed 120 days from the date the City delivers the Notice of Default to i Developer.
11. 4 No Supersedure. Nothing in this Article 11 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee' s obligations under any subdivision or public improvement agreement or other obligation incurred with respect to the Project outside this Agreement, nor shall any provision of this Article 11 constitute an obligation of City to such I Mortgagee, except as to the notice requirements of Section 11. 3. 9 11. 5 Mortgagee Requested Amendments. The Parties agree that they will make reasonable amendments to this Agreement, at the expense ofDeveloper, to meet the requirements of any lender or Mortgagee for the Project. For the purposes ofthis Section 11. 5, a reasonable amendment is one that does not relieve Developer of any ofits material obligations under this Agreement or impair the ability of the City to enforce the terms ofthis Agreement.
The Parties further agree that any reasonable amendments to the Mortgagee protection provisions of this Agreement required to conform to current industry practice, as determined by City, would qualify as an Administrative Agreement Amendment and may be processed in accordance with the provisions of Article 8 ofthis Agreement.
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ARTICLE 12
DEFAULT; REMEDIES; TERMINATION
12. 1 Breach and Default. Subject to a Permitted Delay in Section 13. 4 or a mutual extension pursuant to Section 13. 11, except as otherwise provided by this Agreement, breach of, fi failure, or delay by either Party to perform any term or condition ofthis Agreement shall constitute a" Default." In the event of any alleged Default of any term, condition, or obligation of this Agreement, the Party alleging such Default shall give the defaulting Party notice in writing specifying the nature of the alleged Default and the manner in which the Default may be satisfactorily cured (" Notice of Breach"). The defaulting Party shall cure the Default within thirty( 30) days following receipt of the Notice of Breach, provided, however, ifthe nature ofthe alleged Default is non-monetary and such that it cannot reasonably be cured within such thirty 30) day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter at the earliest practicable date, shall be deemed I to be a cure, provided that ifthe cure is not so diligently prosecuted to completion, then no additional cure period shall be required to be provided. Ifthe alleged failure is cured within the I time provided above, then no Default shall exist and the noticing Party shall take no further action to exercise any remedies available hereunder. Ifthe alleged failure is not cured, then a 28 OAK# 4820-8554- 1516 Q
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Default shall exist under this Agreement and the non-defaulting Party may exercise any of the remedies available under this Agreement.
12. 2 Withholding of Permits. In the event of a Default by Developer, or following.
City sending a Notice of Breach to Developer pursuant to Section 12. 1 above and during the cure period provided therein, upon a finding by the City Manager that Developer is in breach, City shall have the right to refuse to issue any permit or other Subsequent Approval to which Developer would otherwise have been entitled pursuant to this Agreement until such Default or breach is cured. This provision is in addition to and shall not limit any actions that City may take j to enforce the conditions of the Project Approvals.
12. 3 Termination. In the event of a Default by a Party, the non- defaulting Party shall have the right to terminate this Agreement upon giving notice of intent to terminate pursuant to Government Code section 65868 and regulations of City implementing such section. Following notice ofintent to terminate, the matter shall be scheduled for consideration and review in the manner set forth in Government Code section 65867 and City regulations implementing said section. Following consideration of the evidence presented in said review before the City Council, a Party alleging Default by the other Party may give written notice of termination of this Agreement to the other Party. Termination of this Agreement shall be subject to the provisions of Section 12. 9 hereof.
12. 4 Specific Performance for Violation of a Condition. If City issues a Project Approval pursuant to this Agreement in reliance upon a specified condition being satisfied by Developer in the future, and if Developer then fails to satisfy such condition, City shall be entitled to an award of specific performance for the purpose of causing Developer to satisfy such condition.
12. 5 Legal Actions.
12. 5. 1 Institution of Legal or Equitable Actions. In addition to any other rights or remedies, a Party may institute legal or equitable action for mandamus, specific performance or other injunctive or declaratory relief to cure, correct or remedy any Default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation thereof, or to obtain any other remedies consistent with the purpose and terms of this Agreement. Any such legal action shall be brought in the Superior Court for Santa Clara County, California, except for actions that include claims in which the Federal District Court for the Northern District of the State of California has original jurisdiction, in which case the Northern District of the State of California shall be the proper venue.
12. 5. 2 Acceptance of Service of Process. In the event that any legal action is commenced by Developer against City, service ofprocess on City shall be made by personal service upon the City Clerk of City or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Developer, service of process on Developer shall be made by personal service upon Developer' s General Counsel, Developer' s registered agent for service of process, or in such other manner as may be provided by law. 29 OAK# 4820- 8554- 1516 v2
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12. 6 Rights and Remedies Are Cumulative. The rights and remedies ofthe Parties are cumulative, and the exercise by a Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party, except as otherwise expressly provided herein.
12. 7 No Damages. In no event shall a Party, or its boards, commissions, officers, agents or employees, be liable in damages for any Default under this Agreement, it being expressly understood and agreed that the sole legal remedy available to a Party for a breach or violation of this Agreement by the other Party shall.be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement 1 by the other Party, or to terminate this Agreement. This limitation on damages shall not preclude actions by a Party to enforce payments of monies or fees or the performance of obligations requiring an obligation of money from the other Party under the terms of this Agreement including, but not limited to, obligations to pay the Community Amenity Payment, Annual TMA Fee, attorneys' fees and obligations to advance monies or reimburse monies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party' s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party' s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely solely on the remedies provided for herein with respect to any breach. of this Agreement by the other Party.
12. 8 Resolution of Disputes. With regard to any dispute involving the Project, the resolution of which is not provided for by this Agreement or Applicable Law, a Party shall, at the request of another Party, meet with designated representatives of the requesting Party promptly following its request. The Parties to any such meetings shall attempt in good faith to resolve any such disputes. In the event the Parties are unable to resolve the issue and reach an agreement within thirty( 30) days, either Party may initiate non-binding mediation of the dispute by submitting a request to the other Party. The Parties will select a mutually acceptable mediator with knowledge and experience in project development and construction issues of the type at issue, within fourteen ( 14) days, or ifunable to agree on a mediator within said period, either party may submit the matter to mediation at JAMS or other mediation service mutually acceptable to the Parties in accordance with its then applicable rules and policies, with each Party being responsible for its own fees, costs and expenses of any mediation, including fifty percent 50%) ofthe mediator' s fees, costs and expenses The Parties will take all practicable steps to complete any mediation within ninety( 90) days. Nothing in this Section 12. 8 shall in any way be interpreted as requiring that Developer or City reach agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to in writing by the Parties to such meetings.
12. 9 Surviving Provisions. In the event this Agreement is terminated, neither Party shall have any further rights or obligations hereunder, except for those obligations of Developer which by their terms survive expiration or termination hereof, including but not limited to those obligations set forth in Sections 9.2 and 9. 3.
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ARTICLE 13
GENERAL PROVISIONS
13. 1 Condemnation. As used herein, " Material Condemnation" means a condemnation of all or a portion of the Property that will have the effect of materially impeding or preventing development of the Project in accordance with this Agreement and the Project Approvals. In the event of a Material Condemnation, Developer may( a) request the City to amend this Agreement in accordance with the Development Agreement Statute and/ or to amend the Project Approvals, which amendment shall not be unreasonably withheld; ( b) decide, in its sole discretion, to challenge the condemnation; or( c) request that City agree to terminate this Agreement by mutual agreement, which agreement shall not be unreasonably withheld, by giving a written request for termination to the City. Ifthe condemnation is not a Material Condemnation, Developer shall have no right to request termination of this Agreement pursuant to this Section 13. 1. Nothing in this Agreement shall be, or deemed to be, any waiver or release by Developer of any compensation or damages awarded pursuant to a Material Condemnation.
13. 2 Covenants Binding on Successors and Assigns and Run with Land. Except as otherwise more specifically provided in this Agreement, this Agreement and all of its provisions, rights, powers, standards, terms, covenants and obligations, shall be binding upon the Parties and their respective successors (by merger, consolidation, or otherwise) and assigns, lessee, and all other persons or entities acquiring the Property, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective successors and assigns, as provided in Government Code section 65868. 5, and shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable laws.
13. 3 Notice. Any notice, demand or request which may be permitted, required or desired to be given in connection herewith shall be given in writing and directed to the City and Developer as follows:
Ifto the City: City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014- 3202
with a copy to: City Attorney
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014- 3202
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and a copy to: City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014- 3202
If to Developer: Cupertino Village LP
c/ o Kimco Realty Corporation
Attn: Legal Department
1621- B South Melrose Drive
Vista, CA 92081
with a copy to: Kimco Realty Corporation
Attn: Legal Department
3333 New Hyde Park Road
Suite 100, P. O. Box 5020
New Hyde Park, NY 11042- 0020
Notices to be deemed effective shall be delivered by certified mail, return receipt requested, or commercial courier, with delivery to be effective upon verification ofreceipt. Any Party may change its respective address for notices by providing written notice of such change to the other Parties.
13. 4 Permitted Delays.
13. 4. 1 Performance by either of the Parties of an obligation hereunder shall be excused during any period of Permitted Delay. " Permitted Delay" shall mean delay beyond the reasonable control of a Party caused by an inability to perform caused by( a) calamities, including without limitation earthquakes, floods, and fire; (b) civil commotion; ( c) riots or terrorist acts; ( d) lockouts, strikes or other forms of material labor disputes; ( e) material shortages of labor, equipment, facilities, materials or supplies; ( f) vandalism; ( g) failure of transportation or freight embargos; ( g) vandalism; ( h) condemnation or requisition; ( i) litigation challenge, referendum or initiative; 0) orders of governmental, civil, military or naval authority, including any development, water or sewer moratorium; ( k) the failure of any governmental agency, public utility or communication provider to issue a permit, authorization consent or approval required for development, construction, use or operation of the Project or portion thereof within typical, standard or customary timeframes; or( 1) unusually severe weather, but only to the extent that such weather or its effects ( including, without limitation, dry out time) result in delays that cumulatively exceed twenty( 20) days for any winter season. A Party' s financial inability to perform or obtain financing or adverse economic conditions generally shall not be grounds for claiming a Permitted Delay.
13. 4.2 The Party claiming a Permitted Delay shall notify the other Party of its intent to claim a Permitted Delay, the specific grounds of the same and the anticipated period of the Permitted Delay. An extension of time for any such cause shall be for the period of the Permitted Delay and shall commence to run from the time of the commencement ofthe cause, if 32 OAK# 4820- 8554- 1516 Q
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Notice by the Party claiming such extension is sent within thirty( 30) days of the commencement of the claimed cause. IfNotice is sent after such thirty( 30) day period, then the extension shall commence to ran no sooner than thirty( 30) days prior to the giving of such Notice. The period of Permitted Delay shall last no longer than the conditions preventing performance.
Notwithstanding any other provision hereof to the contrary, the Term ofthis Agreement shall not be extended by the period of any Permitted Delay.
13. 5 Counterparts. This Agreement may be executed in one or more counterparts, each ofwhich shall be deemed an original, but all ofwhich together shall constitute one and the same instrument.
13. 6 Waivers. Notwithstanding any other provision in this Agreement, any failures or delays by any Party in asserting any of its rights and remedies under this Agreement shall not operate as a waiver of any such rights or remedies, or deprive any such Party of its right to institute and maintain any actions or-proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. A Party may specifically and expressly waive in writing any condition or breach of this Agreement by the other Party, but no such waiver shall constitute a further or continuing waiver of any preceding or succeeding breach of the same or any other provision. Consent by one Party to any act by the other Party shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or similar acts in the future.
13. 7 Construction of Agreement. All Parties have been represented by counsel in the preparation and negotiation ofthis Agreement, and this Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
Unless the context clearly requires otherwise, ( a) the plural and singular numbers shall each be deemed to include the other; ( b) the masculine, feminine, and neuter genders shall each be deemed to include the others; ( c) " shall,"" will," or" agrees" are mandatory, and" may" is permissive; ( d) " or" is not exclusive; ( e) " includes" and" including" are not limiting; and f) "days" means calendar days unless specifically provided otherwise.
13. 8 Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, or conditions of this Agreement.
13. 9 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a specific situation, is found to be invalid, or unenforceable, in whole or in part for any reason, the remaining terms and provisions of this Agreement shall continue in full force and effect unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provisions, in which case any Party deprived of an essential benefit thereunder shall have the option to terminate this Agreement from and after such determination by providing written notice thereof to the other Party.
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13. 11 Extension ofTime Limits. The time limits set forth in this Agreement may be extended by Permitted Delays or mutual consent in writing ofthe Parties in accordance with the provisions ofthis Agreement.
13. 12 Other Necessary Acts. Each Party shall in good faith do all things as may reasonably be necessary or appropriate to carry out this Agreement, and the Project Approvals, and to execute with acknowledgment or affidavit ifrequired and deliver to the other, file or submit all such further information, instruments and documents as may be reasonably necessary to carry out the purposes and objectives ofthe Project Approvals and this Agreement and to provide and secure to the other Party the full and complete enjoyment of its rights and privileges under this Agreement.
13. 13 Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalfof the respective legal entities ofDeveloper and the City.
13. 14 Entire Agreement. This Agreement( including all Recitals and all exhibits attached hereto, each of which is fully incorporated herein by reference), integrates all of the terms and conditions mentioned herein or incidental hereto, and constitutes the entire understanding of the Parties with respect to the subject matter hereof, and all prior or contemporaneous oral agreements, understandings, representations and statements, and all prior 1 written agreements, understandings, representations, and statements are terminated and superseded by this Agreement.
13. 15 Estoppel Certificate. Developer or its lender may, at any time, and from time to time, deliver written notice to City requesting City to certify in writing to Developer or any Mortgagee( a) that this Agreement is in full force and effect; (b) that this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications, or terminated or ifterminated the subject of termination; ( c) that Developer is not in Default ofthe performance of its obligations, or ifin Default, to describe therein the nature and extent of any such Defaults; ( d) those obligations under this Agreement that have been satisfied since the date ofthe last annual review and those obligations under this Agreement that remain unsatisfied; and ( e) such other information or matters relating to this Agreement and/ or the Project as may be reasonably requested by Developer. Developer shall pay, within thirty 30) days following receipt of City' s invoice, the actual costs borne by City in connection with its review of the proposed estoppel certificate, including the costs of attorney review. The City Manager shall be authorized to execute any certificate requested by Developer hereunder. The form of estoppel certificate shall be in a form reasonably acceptable to the City Attorney. The City Manager shall execute and return such certificate within thirty( 30) days following Developer' s request therefor. Developer and City acknowledge that a certificate hereunder may be relied upon by tenants, transferees, investors, partners, bond counsel, underwriters, bond holders and Mortgagees. The request shall clearly indicate that failure ofthe City to respond within the thirty-day period will lead to a second and final request. Failure to respond to the second and final request within fifteen( 15) days ofreceipt thereof shall be deemed approval of the estoppel certificate.
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13. 16 Recordation ofTermination. Upon completion of the Project and Developer' s payment of all Impact Fees under Article 4 and Developer' s completion of the requirements, obligations and payments under Article 5 and recordation ofthe Public Benefits Covenants, or upon any earlier tennination of this Agreement upon the mutual written consent of the Parties or as otherwise expressly provided herein, a written statement acknowledging Developer' s satisfaction of all obligations under this Agreement or such termination, in form and content reasonably satisfactory to the Parties, shall be provided by City to be executed by the Parties and recorded by City or Developer in the Official Records of Santa Clara County.
13. 17 City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise or the context requires otherwise.
13. 18 Negation of Partnership. The Parties specifically acknowledge that the Project is a private development, that no Party to this Agreement is acting as the agent of any other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in the businesses of Developer, the affairs of the City, or otherwise, or cause them to be considered joint venturers or members of any joint enterprise.
13. 19 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the signatory Parties and their successors and assigns, including Mortgagees. No other person shall have any right of action based upon any provision in this Agreement.
13. 20 Governing State Law. This Agreement shall be construed in accordance with the laws ofthe State of California, without reference to its choice of law provisions.
13. 21 Exhibits. The following exhibits are attached to this Agreement and are hereby incorporated herein by this reference for all purposes as if set forth herein in full:
Exhibit A: Property Legal Description
Exhibit B: Property Boundary and Depiction of the Project Exhibit C: Description of the Project
Exhibit D: Existing Impact Fees
Exhibit E: TDM Program
Exhibit F: Annual Review Form
Exhibit G: Form of Assignment and Assumption Agreement
Ifthe recorder refuses to record any exhibit, the City Clerk may replace it with a single sheet bearing the exhibit identification letter, stating the title of the exhibit, the reason it is not being recorded, and that the original, certified by the City Clerk, is in the possession of the City Clerk and will be reattached to the original when it is returned by the recorder to the City Clerk.
SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the City and Developer have executed this Agreement as of the Effective Date.
r
CITY:
CITY OF CUPERTINO, a municipal corporation
By:
Deborah L. Fang, City Manager
Signature must be notarized]
ATTEST:
1 By:
Grace Schmidt, City Clerk
APPROVED AS TO FORM:
By:
Heather Minner, City Attorney
DEVELOPER:
j
9 CUPERTINO VILLAGE LP,
a California limited partnership
By:
Name:
Its:
1 By:
Name:
Its:
Signatures must be notarized]
f
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ACKNOWLEDGMENTS
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity ofthat document.
State of California
ss
County of
On before me,
Name of Notary)
notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature)
Acknowledgments
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ACKNOWLEDGMENTS
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
ss
County of
On before me,
Name of Notary)
notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature)
Acknowledgments
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EXHIBIT A
PROPERTY DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows:
BEING ALL OF PARCEL THREE AS SAID PARCEL IS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED ON MARCH 10, 2006 AS DOCUMENT NUMBER 18838564, OFFICIAL RECORDS OF SATA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF PARCEL A, AS SHOWN ON THAT CERTAIN MAP FILED FOR RECORD IN MAP BOOK 406, PAGE 27, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL A,
THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID PARCEL A, THE FOLLOWING FOUR COURSES:
SOUTH 0011 35' 45" WEST, 229. 24 FEET; SOUTHWESTERLY ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 37. 50 FEET THROUGH A CENTRAL ANGLE OF 90' 00' 00' FOR AN ARC LENGTH OF 58.90 FEET; SOUTH 00' 35' 45' WEST, 13.75 FEET; AND NORTH 89' 24' 15" WEST, 235. 50 FEET TO AN INTERIOR CORNER OF SAID PARCEL A;
THENCE NORTH OY 35' 45" EAST, 274. 79 FEET TO THE NORTHERLY LINE OF SAID PARCEL A; THENCE NORTH 890 24' 02" EAST, 273. 06 FEET ALONG SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 74,979 SQUARE FEET OR 1. 7213 ACHES OF LAND, MORE OR LESS.
KIER RIGHT VIL ENGINEERS& SURVEYORS, INC.
JOS H . T O PSON, LS 8121 DATE
4 yy THU?,q
yS
NO, 81=21 0
OF CA F
Exhibit A
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EXHIBIT B
SITE MAP AND DEPICTION OF PROJECT
LECEN D D. T
s
rye
O' R OFFICIAL RECORD O O
PDB POINT OF BEGINNING No. 8121
RS RECORD OF SAVEY 12- 31- 20 1^ 0'
m MAP
T Scale 1
C,4Lt _ I
1 PARCEL A
2z RS 10
I
N8924' 02" E 273, 06'
Ppp
PROPOSED BUILDING
rI
cv
C\ i " CN rt o
PARCEL THREE w
18838564 f}.R.
AREA= 1. 7213f ACRES
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N89' 24' 15" W 235, 50'
r
50' 35' 45" W
I
13. 75'
PRUNERIDGE AVE.
KIER & WRIGHT EXHIBIT B
DATE FEB. L J
CIVIL ENGINEERS& SURVEYORS, INC. PARCEL THREE SCALE II
auk
28SO Coll lor Canyon Road Phmne( 925) 245- 87$ S LEGAL DESCRIPTION Urermore, Callfornla 94551 Fax( 925) 245-- 9795 JOB w. A07208- 1 www, klergrl9ht.rom CUPERTINO, CALIFORNIA SHEET 1 OF 1
Exhibit B
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EXHIBIT C
DESCRIPTION OF PROJECT
Cupertino Village LP, the project applicant, is proposing the Cupertino Village Hotel Project proposed project') that would involve the construction of a boutique hotel on a 1. 72- acre•site.
The site is currently developed with two commercial buildings, one ofwhich is occupied. The proposed project would involve demolishing the existing commercial b><xildings and redeveloping the site with a new 185- room boutique hotel, including event meeting rooms, restaurant, and bars. The proposed project would establish a five- story hotel with below- grade parking.
The building would have a maximum height of 60 feet, subject to applicable requirements in the General Plan.
Exhibit C
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EXHIBIT D
EXISTING IMPACT FEES
1. Housing Mitigation Fee— City Code Chapter 19. 172
2. Public Art Contribution— City Code Chapter 19. 148
3. Citywide Transportation Impact Fee— City Code Chapter 14. 02
4. Parkland Dedication In-lieu Fee— City Code Chapter 13. 08 ( not applicable because hotel use is considered non-residential)
Exhibit D
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EXHIBIT E
TDM PROGRAM
1. TDM Management and Marketing Structure
a. Transportation Coordinator. A Transportation Coordinator will be assigned with the authority to implement TDM strategies and oversee the management and marketing ofTDM programs. The Transportation Coordinator will be responsible for developing information materials, managing transportation services offered as part ofthe TDM program ( i.e. websites, transit passes etc.), monitoring results, and coordinating with City/VTA staff and on- site representatives as needed. The Transportation Coordinator will also be responsible for providing annual reports on implementation of the TDM strategies and programs in coordination with the annual review of the Development Agreement.
2. TDM Program Content
a. TDM Communications. Information on transportation options and/ or links to the appropriate website or app will be conveyed to all prospective employees who receive an offer to work within the Project, to all hotel guests, and to all persons renting meeting rooms ( to be made available to meeting attendees). b. Transit Passes. Annual VTA Eco Passes shall be made available to each employee.
c. Transportation Information Boards and Website. The Project will have a location at which employees, guests and meeting attendees can obtain the above information on alternative transportation services. At a minimum, information posted at these sites will include a link to the website and contact information for the Transportation Coordinator and Representatives. Information may also include train and bus schedules, information on the 511 Rideshare program and transit pass programs.
d. Rideshare Facilitation. The TDM Coordinator or TDM Representative will assist employees in identifying other employees who may be able to carpool to the site together. The TDM Coordinator or TDM Representative will assist with carpool and vanpool formation by finding suitable partners with similar work schedules, origins, and destinations. The TDM Coordinator or TDM Representative will assist the employee in registering for ridematching services such as those offered by 511. org.
e. Development of Transportation Materials. The Transportation Coordinator will be responsible for developing materials that provide information on how to get to and from the site using alternative modes. This may include:
i. Transit passes available through transit agencies
Exhibit E
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ii. Walking and biking routes within the area including estimated times iii. Bike parking facilities available on- site
iv. Links to the schedules including train and bus schedules
3. TDM Design Features and Amenities
a. Bicycle Facilities. At least ten( 10) bike storage spaces will be provided for employees, guests and visitors in the garage.
b. Bikesharing. Bike share systems provide a network of public bicycles from selfservice bike share stations located in different places. Similar to carsharing, members can check out a bicycle, ride to their destination and return the bicycle to any bike share pod in the system. Bike share systems can provide real time information on the status of available bikes and empty docks through the web, kiosk and mobile application. A bikeshare program will be looked into for the Project in conjunction with other nearby commercial properties. c. Carpool and vanpool spaces. A certain number of parking spaces for carpool or vanpool vehicles will be provided and can encourage ridesharing. Parking spaces will be clearly marked and located in highly visible areas. s
4. TDM Program Compliance.
a. Implementation, Monitoring and Enforcement. Ongoing monitoring is needed to ensure compliance with the TDM Program, in conjunction with the project design features and proximity to transit. As a result of periodic review, this TDM Program may be modified, with the prior approval of the City Planning Director, from time to time to include alternate equally or more effective measures. If a TMA is formed and the Project is part of the TMA, the City Planning Director shall, annually, review the TDM Program to minimize duplicative efforts that are provided by the TMA.
i
i
Exhibit E
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EXHIBIT F
ANNUAL REVIEW FORM
TO BE SUBMITTED BYDECEMBER 1ST OF EACH YEAR)
This Annual Review Form is submitted to the City of Cupertino (" City") by Cupertino Village LP (" Developer") pursuant to the requirements of California Government Code section 65865. 1 and Chapter 19. 144 of the City' s Municipal Code regarding Developer' s good faith compliance with its obligations under the Development Agreement between the City and Developer having an Effective Date of Development Agreement"). All Article and Section references are to the Development Agreement. Any capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Development Agreement.
Annual Review Period: to
Generally summarize the status of Developer' s efforts and progress in processing permit applications and constructing the Project.
Generally summarize specific strategies to be followed in the coming year intended to facilitate the processing of permits and/ or Project construction.
Specify whether Developer' s compliance with any of the following agreements have been satisfied during this annual review period:
Specify whether applicable Existing Impact Fees, processing fees, connection fees and/or other fees due and payable under Article 4 have been paid during this annual review period, including but not limited to the following:
i
Housing Mitigation Fees.
Public Art Contribution.
Transportation Impact Fees.
Describe Developers compliance with the following Public Benefits under Article 5 during this annual review period:
Community Amenity Payment pursuant to Section 5. 1. 1.
TDM Program pursuant to Section 5. 1. 2.
Participation in TMA and payment of annual TMA Fee pursuant to Section 5. 1. 2.
Exhibit F
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Preferential Employment Program pursuant to Section 5. 1. 3.
Shuttle Service pursuant to Section 5. 1. 4.
Meeting Room Benefit pursuant to Section 5. 1. 5.
Reduced Rate Benefit pursuant to Section 5. 1. 6.
Internships pursuant to Section 5. 1. 7.
Transient Occupancy Tax Requirement, including any TOT In-lieu Payment, pursuant to Section 5. 2.
Minimum Hotel Standard pursuant to Section 5. 3.
Describe whether other applicable Development Agreement obligations were completed during this annual review period.
Describe any extension ofthe time limits or deadlines in the Development Agreement as a result of Permitted Delay pursuant to Section 13. 4.
Specify whether Developer has assigned the Development Agreement or otherwise conveyed the Property during this annual review period. i
The undersigned representative confirms that Developer is:
In good faith compliance with its obligations under the Development Agreement for this j annual review period.
Not in good faith compliance with its obligations under the Development Agreement for this annual review period, in response to which Developer is taking the actions set forth in the attachment hereto.
IN WITNESS WHEREOF, Developer has executed this Annual Review Form as of this day of 20_.
DEVELOPER:
CUPERTINO VILLAGE LP, j
a California limited partnership
By:
Name:
Title:
Exhibit F
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EXHIBIT G
FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Attention:
Exemptfrom Recording Fee per
Government Code Section 27383
Space Above This Line for Recorder' s Use Only
ASSIGNMENT OF RIGHTS AND OBLIGATIONS UNDER
DEVELOPMENT AGREEMENT
This Assignment of Rights and Obligations under Development Agreement( this Assignment") is entered into this day of 20_(" Effective Date"), by and between a
I
Assignor") and a
Assignee"). Assignor and Assignee are collectively referred to herein as the" Parties."
RECITALS
A. Assignor and the City of Cupertino, a California municipal corporation(" City") have entered into that certain Development Agreement dated as of DA") which was recorded in the Official Records of Santa Clara County on as Instrument No.
B. Assignor[ has requested approvalfrom the City ofthe assignment to Assignee described herein pursuant to Section 10.1 ofthe DA] OR [ has the right to make the assignment to Assignee under Section 10.1 ofthe DA.]
C. [ City has consented to the assignment described herein pursuant to Section 10.1 ofthe DA.] OR[ Assignor has provided the City with documentation establishing that the assignment is appropriate pursuant to Article 10 ofthe DA because J
AGREEMENTS
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
Exhibit G
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1. Assignment and Assumption of Interest. Assignor hereby transfers, assigns and conveys to Assignee, all ofAssignor' s right, title and interest in and to, and all obligations, duties, responsibilities, conditions and restrictions under, the DA ( the" Rights and Obligations"). Assignee, for itself and its successors and assigns, hereby accepts the foregoing assignment, assumes all such Rights and Obligations, and expressly agrees for the benefit of City, to pay, perform and discharge all obligations ofAssignor under the DA and to comply with all covenants and conditions ofAssignor arising from or under the DA.
2. Governing Law; Venue. This Assignment shall be interpreted and enforced in accordance with the laws of the State of California without regard to principles of conflicts of laws. Any action to enforce or interpret this Assignment shall be filed and litigated exclusively in the Superior Court of Santa Clara County, California or in the Federal District Court for the Northern District of California.
3. Entire Agreement/ Amendment. This Assignment constitutes the entire agreement among the Parties with respect to the subject matter hereof, and supersedes all prior written and oral agreements with respect to the matters covered by this Assignment. This Assignment may not be amended except by an instrument in writing signed by each of the Parties and consented to in writing by City.
4. Further Assurances. Each Parry shall execute and deliver such other certificates, agreements and documents and take such other actions as may be reasonably required to consummate. or implement the transactions contemplated by this Assignment and the DA.
5. Benefit and Liability. Subject to the restrictions on transfer set forth in the DA, this Assignment and all of the terms, covenants, and conditions hereof shall extend to the benefit of and be binding upon the respective successors and permitted assigns of the Parties.
6. Rights of City. All rights of City under the DA and all obligations to City under the DA which were enforceable by City against Assignor prior to the Effective Date of this Assignment shall be fully enforceable by City against Assignee from and after the Effective Date of this Assignment.
I!,
7. Rights of Assi nee. All rights of Assignor and obligations to Assignor under the DA which were enforceable by Assignor against City prior to the Effective Date of this Assignment shall be fully enforceable by Assignee against City from and after the Effective Date of this Assignment.
i
8. Release. As ofthe Effective Date, Assignor hereby relinquishes all rights under the DA, and all obligations ofAssignor under the DA shall be terminated as to, and shall have no more force or effect with respect to, Assignor, and Assignor is hereby released from any and all obligations under the DA.
9. Attorneys' Fees. In the event of any litigation pertaining to this Assignment, the losing party shall pay the prevailing party' s litigation costs and expenses, including without limitation reasonable attorneys' fees.
Exhibit G
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10. City Consent; City Is A Third- Party Beneficiary. City' s countersignature below is for the limited purposes of indicating consent to the assignment and assumption and release set forth in this Assignment( if necessary under the DA) pursuant to Sections 10. 1 and 10. 2 of the DA, and for clarifying that there is privity of contract between City and Assignee with respect to the DA. The City is an intended third-party beneficiary of this Assignment, and has the right, but not the obligation, to enforce the provisions hereof.
11. Recordation. Assignor shall cause this Assignment to be recorded in the Official Records of Santa Clara County, and shall promptly provide conformed copies of the recorded Assignment to City and Assignee.
12. Address for Notices. Assignee' s address for notices, demands and communications under the DA is as follows:
13. Captions; Interpretation. The section headings used herein are solely for convenience and shall not be used to interpret this Assignment. The Parties acknowledge that this Assignment is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both have participated in the negotiation and drafting of this Assignment, this Assignment shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as ifboth Parties had prepared it.
14. Severability. If any term, provision, condition or covenant of this Assignment or its application to any parry or circumstances shall be held by a court of competent jurisdiction, to any extent, invalid or unenforceable, the remainder of this Assignment, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law unless the rights and obligations of the Parties have been materially altered or abridged thereby.
15. Counterparts. This Assignment may be executed in counterparts, each of which shall, irrespective of the date ofits execution and delivery, be deemed an original, and the counterparts together shall constitute one and the same instrument.
SIGNATURES START ON NEXT PAGE.]
Exhibit G
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IN WITNESS WHEREOF Assignor and Assignee have executed this Assignment as of the date first set forth above.
ASSIGNOR:
a
By: FORM— DO NOT SIGN
Name:
Its:
ASSIGNEE:
a
By: FORM— DO NOT SIGN
Name:
Its:
NOTE: The presence of the signature blocks below in this form shall not be deemed to require the consent of the City to any assignment that does not otherwise require the consent of City under the DA.]
i
City of Cupertino, a California municipal corporation, hereby consents to the assignment and assumption described in the foregoing Assignment and Assumption Agreement.
CITY:
CITY OF CUPERTINO, a
California municipal corporation
By: FORM— DO NOT SIGN
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Exhibit G
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ACKNOWLEDGMENTS
A notary public or other officer completing this
certificate verifies only the identity ofthe
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity ofthat document.
State of California
ss
County of
On before me,
Name of Notary)
notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/her/their authorized capacity(ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature) ature)
Acknowledgements
OAK# 4820- 8554- 1516 v2
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A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
ss
County of
On before me,
Name of Notary)
notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same y in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature)
Acknowledgements
i
OAK# 4820- 8554- 1516 v2
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CUPERTINO VILLAGE, LP
15 Southgate Avenue, Ste. 201
Daly City, CA 94015
15 Southgate Avenue | Suite 201 | Daly City, CA 94015 | 650-301-3000 kimcorealty.com | | blog.kimcorealty.com
January 8, 2024
Mr. Gian Martire, Senior Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
Re: Cupertino Village Boutique Hotel Development Agreement (DA-2017-01) (the “Agreement”) Amendment and 3 Year Extension Request
Dear Gian:
That certain Development Agreement For The Cupertino Village Boutique Hotel dated November 19, 2019 by and between the City of Cupertino (“City”) and Cupertino Village LP (“Developer”) relates to the planned removal of existing structures at 10801 & 10805 N Wolfe Road and subsequent construction of a new full-service boutique hotel with five stories above ground plus underground parking, 185 hotel rooms, meeting rooms, a restaurant and associated amenities, facilities and infrastructure.
Since the 2020 onset of the global pandemic unprecedented in modern history, market conditions including reduced international and domestic business travel to Silicon Valley coupled with the escalation in costs for construction and financing have meant that this project is currently not viable. Developer remains committed to moving forward but cannot do so at this time. Therefore, Cupertino Village LP requests approval from the City of Cupertino to extend the term of the Agreement (DA-2017-01) by 3 years.
Developer’s hope and expectation is that this extension will be sufficient to outlast the current market conditions and move forward with the project during this timeframe.
Please contact me at 650.746.7501 or [email protected] with any questions or concerns.
Sincerely,
Michael Strahs
Authorized Agent
cc: Benjamin Fu, Director of Community Development, City of Cupertino Sunil Plaha, Director of Development, Kimco Realty
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From: Connie Cunningham
To: City of Cupertino Planning Dept.
Cc: Piu Ghosh (she/her)
Subject: Public Hearing: Agenda Item 3: De Anza (7 story) Hotel Project Mar 12 Planning Commission Date: Monday, March 11, 2024 4:07:22 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Chair Fung, Vice-Chair Lindskog, and Planning Commissioners:
Public Hearing: Agenda Item 3: De Anza (7 story) Hotel Project Mar 12 Planning Commission
Did the Development Agreement (DA-2023-003) include the Cupertino Bird-Safe and Dark Skies Ordinance? If not, I urge the Planning Commission to require this before approving the project extension.
Studies have shown millions of birds die each year from colliding with glass. Millions more are harmed because their night migration is disrupted by city lights. Cupertino is located on the Pacific Flyway. Birds like the Yellow-crowned Sparrow migrate 3000 miles to spend the winter here.
It is important for the public to know what the details of the project are that address the Ordinance.
This De Anza Hotel will be 7 stories tall with a rooftop lounge with separate bar.Following the Cupertino Ordinance will protect night-time migrating birds, and birds that will hit glass during the day.
I urge you to ask this question about the Cupertino Bird-Safe and Dark Skies Ordinance for every project that comes before the Planning Commission.
Sincerely,
Connie L. Cunningham
Housing Commission (self only)
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From: Swim5am (Connie Cunningham)
To: City of Cupertino Planning Commission
Cc: Piu Ghosh (she/her); Gian Martire
Subject: Thank you! The Birds thank you! March 12 PC, Agenda Items 2 & 3.
Date: Tuesday, March 12, 2024 8:31:42 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Chair Fung, Vice-Chair Lindskog, Commissioner Scharf, and Commissioner Mistry, Thank you, Vice-Chair Lindskog, for asking about whether the Bird-Safe and Dark Skies Ordinance was included in the plans for the De Anza Hotel and the Cupertino Boutique Hotel.
I had thought tonight that the answer from each applicant would be “yes”, and "here are the details for our hotel." Since the Chamber of Commerce had been a partner with the Santa Clara Valley Audubon Society and City Staff in negotiating the Ordinance, I really thought that a simple extension that was not an SB35 project would be in compliance with Cupertino’s Ordinance. I was shocked when they told you that it was not included. And that, yes, they would follow all other building codes that were more recent than their proposal. Really, that was a shock.
It was great to hear agreement from your colleagues on the Planning Commission and to see the vote recommending to City Council that they approve these plans only if they include the Bird-Safe and Dark Skies Ordinance. I will see you April 3 at the City Council meeting.
Thank you all for listening to the voices this evening speaking for the Bird-Safe and Dark Skies Ordinance to be added to both the hotels . Birds that live in, and fly through, our city on the Pacific Flyway, are facing continuing change. These changes are taking away their habitat and reducing their navigable airspace. They will only survive into the future if people like yourselves at the city government level take this opportunity to see the world through their eyes.
As nice as their current plans are, the De Anza Hotel and the Cupertino Boutique Hotel will each have a better design as a result of looking at it from the perspective of birds.
Thank you again for listening to our voices.
Sincerely,
Connie Cunningham (Housing Commission, self only)
Cedar Waxwing
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CITY OF CUPERTINO
Agenda Item
23-12507 Agenda Date: 4/3/2024
Agenda #: 8.
Subject: Amendment to a Development Agreement (DA-2018-01) for the De Anza Hotel Project from five to eight years and associated environmental review. (Application No(s): DA-2023-003; Applicant (s): De Anza Properties (John Vidovich); Location: 10931 N De Anza Blvd.; APN: 326-10-061) That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 24- 2259, entitled: "APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE DE ANZA HOTEL PROJECT" (Attachment A):
1. Find the amendment to the existing development agreement consistent with the project's Mitigated Negative Declaration (State Clearinghouse No. 2019079010) and
2. Adopt the ordinance to amend the existing Development Agreement (DA-2023-003).
Presenter: Gian Martire, Senior Planner
CITY OF CUPERTINO Page 1 of 1 Printed on 3/27/2024
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CITY COUNCIL STAFF REPORT
Meeting: April 3, 2024
Subject
Amendment to a Development Agreement (DA-2018-01) for the De Anza Hotel Project from five to eight years and associated environmental review. (Application No(s): DA2023-003; Applicant(s): De Anza Properties (John Vidovich); Location: 10931 N De Anza Blvd.; APN: 326-10-061)
Recommended Actions
That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 24-_____ (Attachment A):
1. Find the amendment to the existing development agreement consistent with the project's Mitigated Negative Declaration (State Clearinghouse No. 2019079010) and
2. Adopt the ordinance to amend the existing Development Agreement (DA-2023-003).
Reasons for Recommendation
Project Data:
General Plan Designation: Commercial/Residential
Special Area: Homestead Special Area (North De Anza Gateway) Zoning Designation: CG-rg –General Commercial with special development conditions per Ordinance No. 436
Project Consistency with
General Plan: Yes
Zoning: Yes
Environmental Assessment: Mitigated Negative Declaration (State Clearinghouse No. 2019079010)
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DA-2023-003 10931 N De Anza Blvd. Page 2
Background:
The project site is located on the west
side of N. De Anza Boulevard between
Interstate 280 and Homestead Road, in
the North De Anza Gateway within
the Homestead Special Area. The
General Plan identifies the Homestead
Special 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. The
land uses allowed along N. De Anza
Boulevard, between Interstate 280 and
the shared city boundary with
Sunnyvale, include residential and commercial (which allow hotel uses with a Conditional Use Permit).
The existing use of the site is a 8,323-square-foot auto repair center, Goodyear Tires.
Access to the site is via two driveways from N. De Anza Boulevard, along the north and south property lines, both of which also provide access for the Homestead Shopping center and its loading/service areas, located to the west of the project site. Other surrounding uses include a strip shopping center to the north, a 96-unit, three-story condominium complex to the southwest, the four-story Cupertino Inn (126 rooms) to the south and the 140-unit, three-story, Aviare apartment development to the east, across N.
De Anza Boulevard. Heights of the various buildings range from one story to four stories up to a maximum height of 45 feet.
Application Request
On March 3, 2020, the City Council approved a General Plan Amendment (GPA-2018-01, Resolution No. 20-006), a Development Permit (DP-2018-01, Resolution No. 20-007) an Architectural and Site Approval Permit (ASA-2018-02, Resolution No. 20-008), a Use Permit (U-2018-02, Resolution No. 20-009), Mitigated Negative Declaration (EA-2018-03, Resolution No. 20-005), and subsequently on April 21, 2020, conducted the second reading to adopt a Development Agreement (Attachment 2 - Ordinance No. 20-2195) to allow construction of the following:
A new seven-story, 155-room hotel;
New restaurant with separate bar on the ground floor; Rooftop lounge with separate bar;
Conference Meeting Rooms; and
Figure 1 Location of Subject Property
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Updated landscaping along the perimeter of the property, including updated frontage improvements to provide pedestrian accessibility.
The applicant, John Vidovich of De Anza Properties, applied to amend the approved Development Agreement (DA-2023-003) to extend the total term by three years, from five years to eight. If the amendment is not approved, the project approval entitlement would expire on April 21, 2025.
Planning Commission Recommendation
The Planning Commission convened at a regular scheduled hearing on March 12, 2024, to consider the proposed amendment to a Development Agreement. The Planning Commission recommended (4-0, Madhdhipatla absent) that City Council adopt the proposed amendments to the Development Agreement as indicated in Exhibit A of Planning Commission Resolution No. 2024-03 (Attachment B), with the following modification:
Development Agreement to require that the project comply with the bird safe and dark sky ordinance, Cupertino Municipal Code Chapter 19.102: Glass and Lighting Standards.
The Planning Commission’s recommended modifications have been incorporated into the Draft Ordinance (Attachment A).
Discussion
Development Agreement
In May 2015, the City Council adopted a process by which the Council would authorize projects proposing General Plan Amendments, taking into consideration voluntary community amenities in four categories (School Resources, Public Open Space, Public Facilities, Transportation Facilities) offered with any proposal requesting the City to consider changing its General Plan. The Development Agreement approved with such projects include voluntary community amenities offered by the project applicant through this General Plan Amendment Authorization process. These voluntary community amenities were incorporated as terms of the Development Agreement, which also included terms that offered the conventional certainty regarding regulations, standards, and conditions that would apply to the project during the life of the Development Agreement. The DeAnza Hotel Development Agreement has a five-year term, ending on April 21, 2025.
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Impact fees that are standard or required, such as housing and school fees, are not included in the consideration of voluntary community amenities. Voluntary community amenities are characterized as voluntary contributions more than required fees or requirements. The voluntary community amenities included in the DeAnza Hotel Development Agreement are outlined below. Key provisions from the 2020 Development Agreement include:
1. Community Amenity Funding: The Developer agreed to pay the City $500,000 in installments, which is available for the City’s use in any part of the City to benefit residents, businesses, and visitors, including on projects that will enhance and enrich the experience of City residents, retail and restaurant customers, and hotel guests closest to the project. Candidates to receive these funds include local transportation facilities, Transportation Management Association start-up costs, local public art, and landscaping beautification improvements in public parks, parkways, or roadway medians. To date, the applicant has made $250,000 in payments as obligated.
2. Shuttle Service: The Developer agreed to provide access to a shuttle service to hotel guests, people traveling to or from the hotel that use the hotel’s meeting rooms for functions, and, subject to availability, nearby residents, businesses, and the general public to travel between the hotel and airports and major employment centers.
3. Meeting Rooms: The Developer agreed to allow the City and Cupertino public schools the use of the hotel’s meeting rooms for official business for up to 12 days per year, subject to availability.
4. Rooftop Amenity: The Project would include an enclosed publicly accessible rooftop amenity including, but not limited to, outdoor deck seating, bar, or restaurant, not to exceed the height of any rooftop mechanical equipment enclosure, for as long as the Project is in operation, all or in part, as a hotel.
5. Minimum Hotel Standard: The Developer committed to maintaining the project as an upscale boutique hotel, which means that the hotel will charge higher rates and provide amenities superior to most hotels.
The applicant is requesting to extend the total term from five years to eight. As described in the applicant’s justification letter (Attachment 3), various factors have contributed to the delay in applying for Building Permits to construct the entitled hotel. Per the justification letter, the lingering effects of the COVID pandemic, which include prices of goods and materials tripling, as well as the business travel industry (which is generally a significant portion of the hotel guests in Cupertino) being slow to recover from employees not required to return in-person fulltime have affected the hospitality 234
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industry. Other extenuating circumstances, such as the conflict in the Ukraine, have stalled necessary delivery and availability of aluminum and elevator systems.
Once operational, the project is expected to generate net positive fiscal impacts to the City’s annual budget due to the collection of Transient Occupancy Taxes (TOT) and property tax increases is estimated to be $1 million a year. As such, City staff has negotiated with the applicant the following amendments to the development agreement to ensure development of the project as approved by City Council:
The term of the agreement extended to the (8th) anniversary of the Effective Date (April 21, 2028).
In the event the Developer submits for a Building Permit for the core and shell of the hotel within three years of the Effective Date of the 1st Amendment, the Term of the agreement is automatically extended for two additional years, for a total of five years, i.e., until April 21, 2030.
If Certificate of Occupancy for the Project is issued within five years of the Effective Date of the First Amendment (April 21, 2029) Developer shall be relieved of its obligations to make further Community Amenity Funding payments. Any proposed revisions to the amount of parking and/or parking layout, are treated as an Administrative Project Amendment and not subject to an amendment to this agreement.
Staff Analysis
The proposed amendments to the Development Agreement as listed above allow for the developer to submit for building permits at a time that is economically feasible. General Plan Strategy LU-9.1.3: Economic Development and Business Retention encourages the City to attract new businesses and retain existing businesses that add to municipal revenues, and contribute to economic vitality to the community. Adding incentives to the Development Agreement for the completion and occupancy of the hotel will add much needed TOT and sales tax revenue to the City’s general fund.
Lastly, by streamlining a process for parking modifications by not requiring further amendments to the Development Agreement, the developer is able to save on costs, and timing to encourage the development of the Hotel.
The amendments to the Development Agreement do not revise the scope of the project.
The developer will continue to be obligated to meet all other agreements for voluntary community amenities, as well as compliance with all approved aspects of applicable General Plan standards and other development regulations. The developers of the project have further indicated that they have no objections to the Planning Commission’s 235
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recommended modification requiring that the project comply with the bird safe and dark sky ordinance.
Cupertino Municipal Code Findings
The Cupertino Municipal Code includes findings for approval of various permits necessary to approve the proposed project. These provide a framework for making decisions and facilitating an orderly analysis of the review of a project. Listed below are the findings for the Development Agreement sought by the applicant that the City must make in rendering a decision whether to grant an exception on this project.
Development Agreement (CMC 19.144.110)
A. Is consistent with the objectives, policies, general land uses and programs specified in the General plan and any applicable specific plan;
General Plan Strategy LU-9.1.3: Economic Development and Business Retention – Encourages the City attract new businesses and retain existing businesses that provide local shopping and services, add to municipal revenues, contribute to economic vitality, and enhance the City’s physical environment. Approving the requested amendment supports and facilitates a potential revenue generating use for the City, with added community benefits that include restaurant and community shuttle services. Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006).
B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located; Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018- 01, Resolution No. 20-006).
C. Is in conformity with and will promote public convenience, general welfare and good land use practice;
Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018- 01, Resolution No. 20-006). Extending the expiration of the Development Agreement, or future revisions to the amount of parking and/or parking layout, to be treated as an 236
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Administrative Project Amendment will not be at odds with promoting public convenience, general welfare and good land use practice.
D. Will not be detrimental to the health, safety and general welfare; Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020, and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018- 01, Resolution No. 20-006). Further, on March 3, 2020, the City of Cupertino adopted the Initial Study and Mitigated Negative Declaration, State Clearinghouse (SCH) Number 2019079010, and approved the project. The Development Agreement extends the term of the entitlement up to eight years from the original entitlement, with no changes to the development scope.
E. Will not adversely affect the orderly development of property or the preservation of property values; and
Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020, and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018- 01, Resolution No. 20-006). The treatment of the amount of parking or revisions to the parking layout as an Administrative Amendment would not affect the orderly development of the property or the preservation of property values.
F. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.
Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020, and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018- 01, Resolution No. 20-006). An extension in the number of years for which the project entitlement is valid for and a reduction in the voluntary community amenity payments would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.
Public Outreach and Noticing
The following table is a brief summary of the noticing done for this project:
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Notice of Public Hearing and Intent, Site
Notice & Legal Ad
Agenda
Site Signage (10 days prior to the hearing)
Legal ad placed in newspaper (at least 10 days
prior to the hearing)
Public hearing notices were mailed to
property owners within 300 feet (10 days prior
to the hearing)
Posted on the City’s official notice
bulletin board (one week prior to the
hearing)
Posted on the City of Cupertino’s
website (one week prior to the
hearing)
Public Comments
Please refer to Attachment E for public comments.
Fiscal Impacts
The project will generate net positive fiscal impacts to the City’s annual budget due to the collection of Transient Occupancy Taxes (TOT) and property tax increases. This is estimated to be $1 million a year. As previously mentioned, to ensure collection of the TOT, a condition on the project is that reservations may not be made that exceed 29 consecutive nights of stay. Further, onetime payments in the form of impact and permit fees, as well as construction tax are estimated to be $2.9 million, of which $2 million would be allocated to the City’s BMR fund.
However, if Certificate of Occupancy for the Project is issued within five years of the Effective Date of the First Amendment, the Developer will be relieved of its obligations to make further Community Amenity Funding payments.
Sustainability Impacts
The project will incorporate a green roof on the second floor and is designed to achieve LEED silver. Further, via the City’s Zero Waste Policy will require that the project recover and divert at least 65 percent of the construction waste generated by the project. Further, complying with the bird safe and dark sky ordinance, Cupertino Municipal Code Chapter
19.102: Glass and Lighting Standards, will ensure that lighting will be energy efficient.
California Environmental Quality Act
On March 3, 2020, the City of Cupertino adopted the Initial Study and Mitigated Negative Declaration, State Clearinghouse (SCH) Number 2019079010, and approved the project.
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the agreement is still in conformance with the Mitigated Negative Declaration and no further environmental review is necessary.
Under CEQA guidelines Section 15162, no further environmental review is necessary since there are (1) no substantial changes to the project requiring major revisions to the MND because of new or substantially increased significant environmental effects of the project; (2) no substantial changes in circumstances requiring major revisions to the MND because of new or substantially increased significant environmental effects of the project; and (3) no new, previously unknown or unknowable, information of substantial importance showing: (a) new or substantially more severe significant efforts than were discussed or shown in the MND; (b) that previously infeasible mitigation measures/alternatives are now feasible and would substantially reduce significant efforts; or (c) that considerably different mitigation measures than analyzed in the MND would substantially reduce significant effects.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Luke Connolly, Assistant Director of Community Development Benjamin Fu, Director of Community Development
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Draft Ordinance
B – Planning Commission Resolution No. 2024-03
C- Ordinance No. 20-2195
D- Justification Letter
E – Public Comments
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT
FOR THE DE ANZA HOTEL PROJECT
In accordance with Cupertino Municpal Code Section 19.144.110 Development Agreement, the City Council of the City of Cupertino finds that the amendments to a Development Agreement (DA-2018-01):
A. Is consistent with the objectives, policies, general land uses and programs specified in the General plan and any applicable specific plan;
General Plan Strategy LU-9.1.3: Economic Development and Business Retention – Encourages the City attract new businesses and retain existing businesses that provide local shopping and services, add to municipal revenues, contribute to economic vitality, and enhance the City’s physical environment. Approving the requested amendment supports and facilitates a potential revenue generating use for the City, with added community benefits that include restaurant and community shuttle services. Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006).
B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located; Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006).
C. Is in conformity with and will promote public convenience, general welfare and good land use practice;
Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006). Extending the expiration of the Development Agreement, or future revisions to the 240
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amount of parking and/or parking layout, to be treated as an Administrative Project Amendment will not be at odds with promoting public convenience, general welfare and good land use practice.
D. Will not be detrimental to the health, safety and general welfare; Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006). Further, on March 3, 2020, the City of Cupertino adopted the Initial Study and Mitigated Negative Declaration, State Clearinghouse (SCH) Number 2019079010, and approved the project. The Development Agreement extends the term of the entitlement up to eight years from the original entitlement, with no changes to the development scope.
E. Will not adversely affect the orderly development of property or the preservation of property values; and
Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006). The treatment of the amount of parking or revisions to the parking layout as an Administrative Amendment would not affect the orderly development of the property or the preservation of property values.
F. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.
Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006). An extension in the number of years for which the project entitlement is valid for and a reduction in the voluntary community amenity payments would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Development Agreement is amended as set forth in Attachment A. 241
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SECTION 2: Severability and Continuity.
The City Council declares that each section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
The City Council declares that no further environmental review is necessary under CEQA Guidelines section 15162 and that the amendment to the Development Agreement is in conformance with the previously adopted Mitigated Negative Declaration (State Clearinghouse No. 2019079010).
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
INTRODUCED at a special meeting of the Cupertino City Council on Aprl 3, 2024 and ENACTED at a regular meeting of the Cupertino City Council on April 16, 2024 by the following vote:
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Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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SIGNED:
Sheila Mohan, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney Date
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ATTACHMENT A
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
Attention: City Manager
Record for the Benefit of
The City of Cupertino
Pursuant to Government Code
Section 27383
Space Above Reserved for Recorder’s Use Only
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY
OF CUPERTINO AND NORTHWEST PROPERTIES FOR THE DE ANZA HOTEL
PROJECT
This First Amendment to Development Agreement ("Amendment No. 1") is made by and between the CITY OF CUPERTINO, a municipal corporation (the "City") and Northwest Properties, a California Limited Partnership ("Developer"), and is dated for reference purposes as of _____________.
RECITALS
A. City and Developer entered into a Development Agreement dated April 21, 2020 and recorded in the Official Records against certain property described in Exhibit A (the "Project Site") identified as Document No. 24514911 ("Development Agreement").
Any capitalized term used in this Amendment No. 1 that is not defined will have the meaning given to such term in the Development Agreement.
B. The Parties acknowledge that Developer has performed all obligations required under the Development Agreement as of the date of this Amendment No. 1, including providing payments as described in Section 5.1.1.1.
C. The Parties now wish to amend the Development Agreement as set forth below.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
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AGREEMENT
1. TERM OF AGREEMENT. Section 2.2 of the Development Agreement is hereby revised and restated as follows: “The ‘Term’ of this Agreement shall commence on the Effective Date and shall expire on the eight (8th) anniversary of the Effective Date, unless earlier terminated or extended by mutual written consent of the Parties hereto in accordance with the requirements of Section 8.1, below.”
2. DEVELOPMENT OF THE PROPERTY. The Development Agreement shall be amended to include a new Section 3.4.2.1, which shall read as follows::
“Developer agrees to comply with the bird safe and dark sky ordinance, Cupertino Municipal Code Chapter 19.102: Glass and Lighting Standards.”
3. COMMUNITY AMENITY FUNDING. Subsection 5.1.1 of the
Development Agreement is hereby revised and restated as follows: “Community Amenity Funding. Developer agrees to pay City Five Hundred Thousand Dollars ($500,000.00) in installments as described below, for City’s use in the City Council’s discretion subject to the following suggested guidelines (“Community Amenity Payment”), which payment shall be in addition to any Impact Fees otherwise due. Once paid, each installment of the Community Amenity Payment shall be nonrefundable, except as provided in Section 5.1.1.1 below.
5.1.1.1 The Community Amenity Payment shall be made in installments as follows:
(1) Within ninety (90) days after the Effective Date, Developer shall pay City a first installment of the Community Amenity Payment in the amount of Fifty Thousand Dollars ($50,000.00).
(2) On or before December 1st of each year, beginning on the first December 1st after the Effective Date, until the Community Amenity Payment is paid in full, as part of each annual review and together with submission of the Annual Review Form, Developer shall pay City an installment of the Community Amenity Payment in the amount of Fifty Thousand Dollars ($50,000.00).
(3) In the event the Developer submits for a Building Permit for the core and shell of the hotel within three (3) years of the Effective Date of the 1st Amendment, the Term of the agreement is automatically extended for two additional years, for a total of five years. Otherwise, the Term is only extended for three years. (4) If Certificate of Occupancy for the Project is issued within five (5) years of the Effective Date of the First Amendment, Developer shall be relieved of its obligations to make further payments under Section 5.1.1.1. Nothing in this section shall constitute a 246
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refund of prior payments made under this Development Agreement. (5) In the event of a Litigation Challenge (described below in Section 9.3), all unpaid Community Amenity Payment installments shall be postponed until final resolution of the Litigation Challenge.”
4. ADMINISTRATIVE PROJECT AMENDMENTS. Subsection 8.2.1 of the Development Agreement is hereby revised and restated as follows: “Upon Developer’s written request for an amendment or modification to the Project Approvals or Subsequent Approvals, the City Manager shall determine: (i) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement and Applicable Law. If the City Manager or his/her designee finds, in his or her sole discretion, that the proposed amendment or modification is minor, consistent with this Agreement and Applicable Law, and will result in no new significant impacts not addressed and mitigated in the MND, the amendment or modification shall be determined to be an “Administrative Project Approval Amendment” and shall not require an amendment to this Agreement. Upon the City Manager’s approval, any Administrative Project Amendment shall be automatically incorporated into the applicable Project Approvals and this Agreement. Without limiting the foregoing, and by way of example, after City approval of the Existing Approvals, Developer requests for lot line adjustments, minor changes in improvement plans, minor changes in land uses involving minimal acreage, minor alterations in vehicle circulation patterns or vehicle access points, changes in the amount of parking and parking layout, changes in pathway alignments, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures that do not substantially alter the infrastructure connections, facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Site Map or Property Description may be treated as Administrative Project Amendments.”
5. MISCELLANEOUS. •
a. Incorporation. This Amendment No. 1 constitutes a part of the Development Agreement and any reference to the Development Agreement shall be deemed to include a reference to the Development Agreement as amended by this Amendment No. 1.
b. Effective Date. This Amendment No. 1 shall be effective on the date that it is signed by both Parties and recorded in the Official Records. c. Ratification. To the extent of any inconsistency between this Amendment No. 1 and the Development Agreement, the provisions contained in this 247
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Amendment No. 1 shall control. As amended by this Amendment No. 1, all terms, covenants, conditions, and provisions of the Development Agreement shall remain in full force and effect.
d. Governing Law. This Amendment No. 1 shall be governed by and construed in accordance with the laws of the State of California. e. Integration. This Amendment No. 1 contains the entire agreement between the Parties with respect to the subject matter of this Amendment No. 1. Any prior correspondence, memoranda, agreements, warranties, or representations relating to such subject matter are superseded in total by this Amendment No. 1.
NOW THEREFORE, the parties hereto have executed this Amendment No. 1 as of the date set forth above.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the City and Developer have executed this Agreement as of the Effective Date.
CITY:
CITY OF CUPERTINO, a municipal
corporation
By:
Pamela Wu, City Manager
[Signature must be notarized]
ATTEST:
By:
Kirsten Squarcia, City Clerk
APPROVED AS TO FORM:
By:
Christopher D. Jensen, City
Attorney
DEVELOPER:
NORTHWEST PROPERTIES,
a California limited partnership
By:
Name
:
Its:
By:
Name
:
Its:
[Signatures must be notarized]
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2024-03
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL APPROVE
AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE
DE ANZA HOTEL PROJECT LOCATED AT 10931 N DE ANZA BLVD
The Planning Commission recommends that the City Council find the amendment to the Development Agreement (DA-2023-003) consistent with the project’s Mitigated Negative Declaration and approve the amendment to the existing Development Agreement (DA-2018- 01), in substantially similar form to the Draft Ordinance attached hereto as Exhibit DA, with the following modification:
• Development Agreement to require that the project comply with the bird safe and dark sky ordinance, Cupertino Municipal Code Chapter 19.102: Glass and Lighting Standards.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 12th day of March 2024, by the following roll call vote:
AYES: COMMISSIONERS: Fung, Lindskog, Mistry, Scharf
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Madhdhipatla
ATTEST: APPROVED:
/s/Piu Ghosh /s/David Fung_________________
Piu Ghosh David Fung
Planning Manager Chair, Planning Commission
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EXHIBIT DA
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT
FOR THE DE ANZA HOTEL PROJECT
In accordance with Cupertino Municpal Code Section 19.144.110 Development Agreement, the City Council of the City of Cupertino finds that the amendments to a Development Agreement (DA-2018-01):
A. Is consistent with the objectives, policies, general land uses and programs specified in the General plan and any applicable specific plan;
General Plan Strategy LU-9.1.3: Economic Development and Business Retention – Encourages the City attract new businesses and retain existing businesses that provide local shopping and services, add to municipal revenues, contribute to economic vitality, and enhance the City’s physical environment. Approving the requested amendment supports and facilitates a potential revenue generating use for the City, with added community benefits that include restaurant and community shuttle services. Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006).
B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located; Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006).
C. Is in conformity with and will promote public convenience, general welfare and good land use practice;
Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006). Extending the expiration of the Development Agreement, or future revisions to the 251
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EXHIBIT DA
amount of parking and/or parking layout, to be treated as an Administrative Project Amendment will not be at odds with promoting public convenience, general welfare and good land use practice.
D. Will not be detrimental to the health, safety and general welfare; Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006). Further, on March 3, 2020, the City of Cupertino adopted the Initial Study and Mitigated Negative Declaration, State Clearinghouse (SCH) Number 2019079010, and approved the project. The Development Agreement extends the term of the entitlement up to eight years from the original entitlement, with no changes to the development scope.
E. Will not adversely affect the orderly development of property or the preservation of property values; and
Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006). The treatment of the amount of parking or revisions to the parking layout as an Administrative Amendment would not affect the orderly development of the property or the preservation of property values.
F. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.
Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006). An extension in the number of years for which the project entitlement is valid for and a reduction in the voluntary community amenity payments would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Development Agreement is amended as set forth in Attachment A. 252
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EXHIBIT DA
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
The City Council declares that no further environmental review is necessary under CEQA Guidelines section 15162 and that the amendment to the Development Agreement is in conformance with the previously adopted Mitigated Negative Declaration (State Clearinghouse No. 2019079010).
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on Aprl 16, 2024 and ENACTED at a regular meeting of the Cupertino City Council on May___, 2024 by the following vote:
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EXHIBIT DA
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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SIGNED:
Sheila Mohan, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney Date
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ATTACHMENT A
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
Attention: City Manager
Record for the Benefit of
The City of Cupertino
Pursuant to Government Code
Section 27383
Space Above Reserved for Recorder’s Use Only
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY
OF CUPERTINO AND NORTHWEST PROPERTIES FOR THE DE ANZA HOTEL
PROJECT
This First Amendment to Development Agreement ("Amendment No. 1") is made by and between the CITY OF CUPERTINO, a municipal corporation (the "City") and Northwest Properties, a California Limited Partnership ("Developer"), and is dated for reference purposes as of _____________.
RECITALS
A. City and Developer entered into a Development Agreement dated April 21, 2020 and recorded in the Official Records against certain property described in Exhibit A (the "Project Site") identified as Document No. 24514911 ("Development Agreement").
Any capitalized term used in this Amendment No. 1 that is not defined will have the meaning given to such term in the Development Agreement.
B. The Parties acknowledge that Developer has performed all obligations required under the Development Agreement as of the date of this Amendment No. 1, including providing payments as described in Section 5.1.1.1.
C. The Parties now wish to amend the Development Agreement as set forth below.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
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AGREEMENT
1. TERM OF AGREEMENT. Section 2.2 of the Development Agreement is hereby revised and restated as follows: “The ‘Term’ of this Agreement shall commence on the Effective Date and shall expire on the eight (8th) anniversary of the Effective Date, unless earlier terminated or extended by mutual written consent of the Parties hereto in accordance with the requirements of Section 8.1, below.”
2. COMMUNITY AMENITY FUNDING. Subsection 5.1.1 of the
Development Agreement is hereby revised and restated as follows: “Community Amenity Funding. Developer agrees to pay City Five Hundred Thousand Dollars ($500,000.00) in installments as described below, for City’s use in the City Council’s discretion subject to the following suggested guidelines (“Community Amenity Payment”), which payment shall be in addition to any Impact Fees otherwise due. Once paid, each installment of the Community Amenity Payment shall be nonrefundable, except as provided in Section 5.1.1.1 below.
5.1.1.1 The Community Amenity Payment shall be made in installments as follows:
(1) Within ninety (90) days after the Effective Date, Developer shall pay City a first installment of the Community Amenity Payment in the amount of Fifty Thousand Dollars ($50,000.00).
(2) On or before December 1st of each year, beginning on the first December 1st after the Effective Date, until the Community Amenity Payment is paid in full, as part of each annual review and together with submission of the Annual Review Form, Developer shall pay City an installment of the Community Amenity Payment in the amount of Fifty Thousand Dollars ($50,000.00).
(3) In the event the Developer submits for a Building Permit for the core and shell of the hotel within three (3) years of the Effective Date of the 1st Amendment, the Term of the agreement is automatically extended for two additional years, for a total of five years. Otherwise, the Term is only extended for three years. (4) If Certificate of Occupancy for the Project is issued within five (5) years of the Effective Date of the First Amendment, Developer shall be relieved of its obligations to make further payments under Section 5.1.1.1. Nothing in this section shall constitute a refund of prior payments made under this Development Agreement. (5) In the event of a Litigation Challenge (described below in Section 9.3), all unpaid Community Amenity Payment installments shall be postponed until final resolution of the Litigation Challenge.”
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3. ADMINISTRATIVE PROJECT AMENDMENTS. Subsection 8.2.1 of the Development Agreement is hereby revised and restated as follows: “Upon Developer’s written request for an amendment or modification to the Project Approvals or Subsequent Approvals, the City Manager shall determine: (i) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement and Applicable Law. If the City Manager or his/her designee finds, in his or her sole discretion, that the proposed amendment or modification is minor, consistent with this Agreement and Applicable Law, and will result in no new significant impacts not addressed and mitigated in the MND, the amendment or modification shall be determined to be an “Administrative Project Approval Amendment” and shall not require an amendment to this Agreement. Upon the City Manager’s approval, any Administrative Project Amendment shall be automatically incorporated into the applicable Project Approvals and this Agreement. Without limiting the foregoing, and by way of example, after City approval of the Existing Approvals, Developer requests for lot line adjustments, minor changes in improvement plans, minor changes in land uses involving minimal acreage, minor alterations in vehicle circulation patterns or vehicle access points, changes in the amount of parking and parking layout, changes in pathway alignments, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures that do not substantially alter the infrastructure connections, facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Site Map or Property Description may be treated as Administrative Project Amendments.”
4. MISCELLANEOUS. •
a. Incorporation. This Amendment No. 1 constitutes a part of the Development Agreement and any reference to the Development Agreement shall be deemed to include a reference to the Development Agreement as amended by this Amendment No. 1.
b. Effective Date. This Amendment No. 1 shall be effective on the date that it is signed by both Parties and recorded in the Official Records. c. Ratification. To the extent of any inconsistency between this Amendment No. 1 and the Development Agreement, the provisions contained in this Amendment No. 1 shall control. As amended by this Amendment No. 1, all terms, covenants, conditions, and provisions of the Development Agreement shall remain in full force and effect.
d. Governing Law. This Amendment No. 1 shall be governed by and construed in accordance with the laws of the State of California. 258
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e. Integration. This Amendment No. 1 contains the entire agreement between the Parties with respect to the subject matter of this Amendment No. 1. Any prior correspondence, memoranda, agreements, warranties, or representations relating to such subject matter are superseded in total by this Amendment No. 1.
NOW THEREFORE, the parties hereto have executed this Amendment No. 1 as of the date set forth above.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the City and Developer have executed this Agreement as of the Effective Date.
CITY:
CITY OF CUPERTINO, a municipal
corporation
By:
Pamela Wu, City Manager
[Signature must be notarized]
ATTEST:
By:
Kirsten Squarcia, City Clerk
APPROVED AS TO FORM:
By:
Christopher D. Jensen, City
Attorney
DEVELOPER:
NORTHWEST PROPERTIES,
a California limited partnership
By:
Name
:
Its:
By:
Name
:
Its:
[Signatures must be notarized]
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ORDINANCE NO. 20-2195
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A DEVELOPMENT AGREEMENT FOR THE DEVELOPMENT OF A NEW 7-STORY, 155 ROOM HOTEL WITH ASSOCIATED SITE AND
LANDSCAPING IMPROVEMENTS LOCATED AT 10931 N. DE ANZA BL VD. (APN #326-10-061)
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
DA-2018-01
De Anza Properties (Sherly Kwok)
Northwest Properties, LP
10931 N De Anza Blvd. (APN #326-10-061)
SECTION II: FINDINGS FOR DEVELOPMENT AGREEMENT
WHEREAS, the City of Cupertino received an application on March 20, 2018 for a General Plan Amendment, Development Permit, Development Agreement, Architectural and Site Approval, and Use Permit to allow the development of a new 7- story, 155 room hotel with associated site and landscaping improvements and associated environmental review ("Project"); and,
WHEREAS, De Anza Properties has a legal and equitable interest in certain real property consisting of approximately 1.29 acres located within the City and generally borderd by De Anza Blvd. to the east, APN #326-10-058 (Cupertino Inn) to the south, and APN #326-10-066 (Homestead Square) to the west ("Property"), and as more particularly described in Exhibit A of the Development Agreement for the De Anza Hotel Project By and Between City of Cupertino and Northwest Properties ("Development Agreement"); and
WHEREAS, Government Code Sections §5864 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 Sections 19.144.010 et seq. establish additional procedures for review and approval of proposed development agreements by the City of Cupertino; and
WHEREAS, in March 2018, De Anza Properties requested that the City consider entering into a Development Agreement for development of the Project; and 261
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WHEREAS, the terms of the Development Agreement include the following community benefits funded by Northwest Properties, LP:·
1. Community Amenity Funding of $500,000 for local transportation facilities, startup costs for the Transportation Management Association, local public art, and landscaping for public parks, roadways, and medians;
2. Public access to a roof-top lounge;
3. Shuttle service to airports and major employment centers for City residents and employees;
4. Meeting rooms for City and public school functions;
5. Transient occupancy taxes; and
6. Minimum hotel standards.
WHEREAS, the Development Agreement will be consistent with the City's General Plan land use map, as amended and surrounding uses and consistent with the applicable zoning designation; and
WHEREAS, approval of the Development Agreement will provide Northwest Properties, LP with assurances that its development of the Property for 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, construction, and use of the development and promote private and public objectives of the development; and
WHEREAS, the Project is described and analyzed in "The De Anza Hotel Project" Public Draft Initial Study ("Draft IS/MND") dated July 2, 2019; and WHEREAS, the City of Cupertino's Environmental Review Committee at its August 1, 2019 meeting reviewed the Draft IS/MND, received public comments, and voted 5-0-0 to recommend adoption of a Mitigated Negative Declaration ("MND"); and WHEREAS, based on substantial evidence in the record, on December 10, 2019, the Planning Commission recommended on a 4-0 vote (Saxena Absent) that the City Council adopt the MND for the Project and implement as conditions of approval all mitigation measures within the responsibility and jurisdiction of .the City that are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project prior to taking final action on the Project; and WHEREAS, on December 10, 2019 the Planning Commission recommended on a 4-0 vote (Saxena Absent) that the City Council approve the General Plan Amendment (GPA-2018-01) for the Project in a form substantially similar to the Resolution presented Ordinance No. 20-2195
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· (Resolution No. 6890), approve the Development Permit (DP-2018-01) in a form substantially similar to the Resolution presented (Resolution No. 6892), approve the Architectural and Site Approval Permit (ASA-2018-02) in a form substantially similar to the Resolution presented (Resolution No. 6893), approve the Use Permit (U-2018-02) in a form substantially similar to the Resolution presented (Resolution No. 6894), and approve and adopt an ordinance approving a Development Agreement (DA-2018-01) in a form substantially similar to the Ordinance presented; and WHEREAS, on March 3, 2020, after consideration of substantial evidence contained in the entire administrative record and prior to consideration of the Development Agreement, the City Council on a 4-1 vote (Willey voting no) adopted Resolution No. 20-005 adopting the MND, Resolution No. 20-006 adopting the General Plan Amendment, Resolution No. 20-007 approving the Development Permit, Resolution No. 20-008 approving the Architectural and Site Approval Permit, and Resolution No. 20- 009 approving the Use Permit;
WHEREAS, at the March 3, 2020 hearing, the City Council requested that Staff renegotiate the Community Benefits to be provided by the Project sponsor; and WHEREAS, all necessary public notices having been given as required by the procedural ordinances of the City of Cupertino and the Government Code; and WHEREAS, on April 7, 2020, upon due notice, the City Council held a public hearing to consider the Development Agreement; and
WHEREAS, the City Council is the decision-making body for this Ordinance; WHEREAS, prior to taking action on this Ordinance, the City Council exercised its independent judgment in carefully considering the information in the IS/MND and finds that the scope of this Ordinance falls within the adopted Mitigated Negative Declaration because the proposed actions to be taken under the Development Agreement 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 IS/MDN; therefore, no recirculation of the IS/MND is required; and
WHEREAS, Resolution No. 20-007 approving the Development Permit, Resolution No. 20-008 approving the Architectural and Site Approval Permit, and Resolution No. 20- 009 approving the Use Permit are each conditioned on the Development Agreement taking effect; 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.
Ordinance No. 20-2195
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Section 2. The. City Council, having considered the notice of the public hearing to consider the Development Agreement, the staff report to the City Council for the meeting of April 7, 2020, evidence received at the public hearing , all exhibits, testimony, information, and other evidence submitted 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 conforms 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 protections to the Project sponsor against changes in City regulations prior to completion of construction of the Project.
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 judgment in consideration of and reliance on the IS/MND and in accordance with the plans, details, and descriptions contained therein, and on the Resolution adopting the IS/MND.
Section 5. The City Council authorizes the City Manager to execute the Development Agreement on behalf of the City.
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 the California Environmental Quality Act of 1970 (Public Resources Code Section· 21000 et seq.) ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
Ordinance No. 20-2195
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Section 7. This Ordinance shall be of no force and effect unless and until General Plan Amendment GPA-2018-01 becomes effective. The Development Agreement shall not take effect until this Ordinance takes effect and the Development Agreement is signed by all parties.
INTRODUCED at a Regular Meeting of the Cupertino City Council on the 7 th day of
April 2020, AND ENACTED at a regular meeting of the Cupertino City Council on the 21st day of April, 2020, by the following roll call vote:
Members of the City Council
AYES:
NOES:
Scharf, Paul, Chao, Sinks
Willey
ABSENT: None
ABSTAIN: None
S!Gh
. , � I'.
---·
Steven Scharf, Mayor
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk
APPROVED
�fr.�
AS TO FORM:
..
Heather Minner, City Attorney
sfl7fuu
Date I
Date
(h "'-'7 7 1 J-_uJ- o
Date
Ordinance No. 20-2195
5/19/2020
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, 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. 20-2195, which was enacted on April 21, 2020, 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 19th day of May 2020.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
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From: Connie Cunningham
To: City of Cupertino Planning Dept.
Cc: Piu Ghosh (she/her)
Subject: Public Hearing: Agenda Item 3: De Anza (7 story) Hotel Project Mar 12 Planning Commission Date: Monday, March 11, 2024 4:07:22 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Chair Fung, Vice-Chair Lindskog, and Planning Commissioners:
Public Hearing: Agenda Item 3: De Anza (7 story) Hotel Project Mar 12 Planning Commission
Did the Development Agreement (DA-2023-003) include the Cupertino Bird-Safe and Dark Skies Ordinance? If not, I urge the Planning Commission to require this before approving the project extension.
Studies have shown millions of birds die each year from colliding with glass. Millions more are harmed because their night migration is disrupted by city lights. Cupertino is located on the Pacific Flyway. Birds like the Yellow-crowned Sparrow migrate 3000 miles to spend the winter here.
It is important for the public to know what the details of the project are that address the Ordinance.
This De Anza Hotel will be 7 stories tall with a rooftop lounge with separate bar.Following the Cupertino Ordinance will protect night-time migrating birds, and birds that will hit glass during the day.
I urge you to ask this question about the Cupertino Bird-Safe and Dark Skies Ordinance for every project that comes before the Planning Commission.
Sincerely,
Connie L. Cunningham
Housing Commission (self only)
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From: Swim5am (Connie Cunningham)
To: City of Cupertino Planning Commission
Cc: Piu Ghosh (she/her); Gian Martire
Subject: Thank you! The Birds thank you! March 12 PC, Agenda Items 2 & 3.
Date: Tuesday, March 12, 2024 8:31:42 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Chair Fung, Vice-Chair Lindskog, Commissioner Scharf, and Commissioner Mistry, Thank you, Vice-Chair Lindskog, for asking about whether the Bird-Safe and Dark Skies Ordinance was included in the plans for the De Anza Hotel and the Cupertino Boutique Hotel.
I had thought tonight that the answer from each applicant would be “yes”, and "here are the details for our hotel." Since the Chamber of Commerce had been a partner with the Santa Clara Valley Audubon Society and City Staff in negotiating the Ordinance, I really thought that a simple extension that was not an SB35 project would be in compliance with Cupertino’s Ordinance. I was shocked when they told you that it was not included. And that, yes, they would follow all other building codes that were more recent than their proposal. Really, that was a shock.
It was great to hear agreement from your colleagues on the Planning Commission and to see the vote recommending to City Council that they approve these plans only if they include the Bird-Safe and Dark Skies Ordinance. I will see you April 3 at the City Council meeting.
Thank you all for listening to the voices this evening speaking for the Bird-Safe and Dark Skies Ordinance to be added to both the hotels . Birds that live in, and fly through, our city on the Pacific Flyway, are facing continuing change. These changes are taking away their habitat and reducing their navigable airspace. They will only survive into the future if people like yourselves at the city government level take this opportunity to see the world through their eyes.
As nice as their current plans are, the De Anza Hotel and the Cupertino Boutique Hotel will each have a better design as a result of looking at it from the perspective of birds.
Thank you again for listening to our voices.
Sincerely,
Connie Cunningham (Housing Commission, self only)
Cedar Waxwing
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CITY OF CUPERTINO
Agenda Item
24-12895 Agenda Date: 4/3/2024
Agenda #: 9.
Subject: Memorial Park Specific Plan Design and the Parks and Recreation System Master Plan Initial Study/Mitigated Negative Declaration Addendum.
1. Adopt Resolution No. 24-030, Addendum to the Parks and Recreation System Master Plan Initial Study/Mitigated Negative Declaration; and
2. Approve the Memorial Park Specific Plan Design.
Presenter: Susan Michael, Capital Improvement Programs Manager CITY OF CUPERTINO Page 1 of 1 Printed on 3/27/2024
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CITY COUNCIL STAFF REPORT
Meeting: April 3, 2024
Subject
Memorial Park Specific Plan Design and the Parks and Recreation System Master Plan Initial Study/Mitigated Negative Declaration Addendum.
Recommended Action
1. Adopt Resolution No. 24-XXX, Addendum to the Parks and Recreation System Master Plan Initial Study/Mitigated Negative Declaration; and
2. Approve the Memorial Park Specific Plan Design.
Reasons for Recommendation
Background
As the next step to implement the City of Cupertino’s Parks and Recreation Master Plan, Gates and Associates (Gates) was retained in July 2022 to develop the Memorial Park Specific Plan. The project team identified a five-step implementation project schedule as outlined below:
Research and Analysis
Initial Community Engagement
Conceptual Design and Community Engagement
Schematic Design and Community Engagement
Environmental Assessment
After two years of extensive design, research, and community engagement, these efforts to “Revitalize Memorial Park” have resulted in a new plan for the park, as well as an Addendum to the Parks and Recreation System Master Plan Initial Study/Mitigated Negative Declaration (IS/MND).
The purpose of the Memorial Park Specific Plan (MPSP) is to determine how to best meet the future recreation, community gathering, event, and open space needs for residents. The Parks and Recreation System Master Plan’s (PRSMP) vision for the park highlights the expansion of the civic event space and community gathering space, while providing a unifying focus to the existing City facilities through enhanced natural site 271
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features. The MPSP proposes features that will enhance Memorial Park’s unique identity, create a sense of place, and grow a unique expression of the park to achieve a balance between the built and natural environments.
Memorial Park is a popular 22-acre facility, located on the northeast corner of Mary Avenue and Stevens Creek Boulevard which includes acres of lawn, walking paths, a gazebo, two playgrounds, an amphitheater, a lighted softball field, and six lighted tennis courts. It is centrally located with onsite parking at the Cupertino Senior Center and Quinlan Community Center and is adjacent to the Cupertino Sports Center. Memorial Park also houses the Cupertino Veterans Memorial which honors local veterans. The park serves the entire community and hosts a variety of large community and civicfocused events.
In July 2022, the City hired Gates and Associates to create the MPSP. Development of the design included research and analysis, community engagement, conceptual design, schematic design, and environmental assessment. The project team completed the design, following community input and PRSMP guidance. More information on the process can be found on the EngageCupertino.org webpage:
https://engagecupertino.org/memorial-park-specific-plan The MPSP is a conceptual level plan, akin to a master plan, to guide future improvements at Memorial Park. On March 7, the Parks and Recreation Commission forwarded the following recommendations to the City Council for consideration:
(1) adopt the Addendum to the Parks & Recreation System Master Plan initial study/mitigated negative declaration and (2) approve the Memorial Park Specific Plan design with the recommendation to consider two bocce courts when implementation of the design moves forward.” The Parks and Recreation Commissioners and the public expressed appreciation for the community-centric collaborative design process, exalted the final design, and praised the project team for the accomplishment.
Next Steps: Design and Construction
This concludes the conceptual design phase of Memorial Park. Should the Council allocate additional funding to advance the final design and construction, the MPSP outlines the design intent of the future park improvements. The final report (Attachment A) includes the final plan, phasing suggestions, preliminary cost estimates, and information about the community’s vision. The final plan is conceptual, memorializing the design direction determined after extensive site research, analysis, and public input. The specific plan confirms adjacencies and relative sizes of the features but does not define specifics like the amount of equipment within a playground, the number of fixtures within a restroom facility, or the seating capacity of a renovated amphitheater. Future projects will use the MPSP as the starting point, however, more design development and site-specific due diligence will be required in all cases.
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The size of the park requires consideration of phasing for future projects. The recommended phasing strategy for the MPSP is to be used for planning purposes and may change based on funding, community needs, and site conditions. The phasing process divides the overall project into distinct, manageable stages for implementation.
Phasing ensures that the project remains adaptable, manageable, and achievable while providing tangible benefits to the community throughout the construction process.
Additionally, phasing allows for each improvement to occur with the foresight to minimize the need to rework prior phases. The order and magnitude of construction phases will be determined by several factors, including the availability of funds and overall priorities. Once funds are available to develop the design, careful attention must be given to how park elements are connected throughout the planning and construction phases.
Sustainability Impact
This project aligns with multiple objectives outlined within the City’s Climate Action Plan 2.0. In particular, the development of the Memorial Park site will enhance bicycle and pedestrian paths (Measure TR-1) and create new natural areas in existing parklands (Measure CS2.1).
California Environmental Quality Act (CEQA)
The proposed addendum to the IS/MND is attached for adoption. There are no substantial changes in project scope, site conditions, or available information to the original IS/MND. The MPSP does not create new or substantially more severe impacts beyond those discussed in the 2019 IS/MND and as such, does not revise or add new mitigation measures. The addendum for the IS/MND is therefore appropriate under CEQA Guidelines section 15164. For reference, the 2020 PRSMP Mitigation Measures are:
Mitigation Measure AES-1: New exterior lighting in proximity to adjacent property will be shielded as necessary to ensure that exterior light sources do not create a significant light or glare impact on adjacent land use. Mitigation Measure BIO-1: The Capital Improvement Program for Parks and Recreation improvements shall be reviewed annually by staff to identify projects that could potentially affect special-status species, sensitive natural communities, wetlands, wildlife corridors, and/or native wildlife nursery sites. Mitigation Measure CULT-1: Upon discovery of possible buried prehistoric or historic cultural materials, work within 25 feet of the find must be halted and the City must be notified.
Fiscal Impact
The MPSP project is funded for $650,000 (Budget unit 420-99-255). Current contracts and expenses total $515,725, leaving $134,275 currently unspent. Funds that are unused at project close-out will be returned to the Capital Reserve (Fund 429). _____________________________________
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Prepared by: Susan Michael, Capital Improvement Programs Manager Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
A – MPSP Report
B – MPSP Report Appendices
C – PRSMP IS-MND Addendum - MPSP
D – PRSMP IS-MND Addendum – MPSP Appendices B-F
E – Draft Resolution
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PARK
MEMORIAL
SPECIFIC
PLAN
CITY OF CUPERTINO, FEBRUARY 2024
Memorial Park
revitalize
• ATTACHMENT A •
Attachment A
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Acknowledgments I
City Council - 2024 City Council - 2023
Sheila Mohan, Mayor Hung Wei, Mayor
J.R. Fruen, Vice Mayor Sheila Mohan, Vice Mayor
Liang Chao Liang Chao
Kitty Moore J.R. Fruen
Hung Wei Kitty Moore
Parks and Recreation Commission - 2024 Parks and Recreation Commission - 2023 Jennifer Shearin, Chair Carol Stanek, Chair
Hemant Buch, Vice Chair Jennifer Shearin, Vice Chair
Claudio Bono Sashi Begur
Carol Stanek Hermant Buch
Seema Swamy Seema Swamy
Bicycle Pedestrian Commission - 2024 Bicycle Pedestrian Commission - 2023 Herve Marcy, Chair Joel Wolf, Chair
Joel Wolf, Vice Chair Herve Marcy, Vice Chair
Ilango Ganga Ilango Ganga
Grace John Grace John
John Zhao John Zhao
City Staff
Susan Michael, Capital Improvement Programs Manager
Rachelle Sander, Director of Parks and Recreation
Chad Mosley, Director of Public Works/City Engineer
Consultants
Gates + Associates, Landscape Architecture and Planning David J. Powers and Associates, Environmental Consulting and Planning Ninyo & Moore, Geotechnical and Environmental Sciences
TJKM, Transportation Consulting
Sandis, Civil Engineering
Acknowledgments
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Table of Contents III
Table of Contents
Chapter 1 Introduction ...................................................................................................................1 Chapter 2 About the Park ..............................................................................................................7 Chapter 3 From the Community..................................................................................................27 Chapter 4 Park Concept ..............................................................................................................37 Chapter 5 Implementation...........................................................................................................73 Executive Summary .......................................................................................................................VII ■
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IV Memorial Park Specific Plan
Figure 2-1: Memorial Park Location in the City of Cupertino.............................................................................................................. 10 Figure 2-2: Memorial Park Context......................................................................................................................................................... 13 Figure 2-3: Existing Vehicular Circulation............................................................................................................................................... 15 Figure 2-4: Existing Pedestrian and Bicycle Circulation ....................................................................................................................... 17 Figure 2-5: Existing Amenities .................................................................................................................................................................. 19 Figure 2-6: Existing Areas to Preserve..................................................................................................................................................... 23 Figure 3-1: By the Numbers - Community Engagement...................................................................................................................... 29 Figure 3-2: Outreach Process.................................................................................................................................................................. 29 Figure 3-3: Top 5 Most Liked Current Park Features (Round 1 Outreach).......................................................................................... 30 Figure 3-4: Desired Scenarios for Current and Future Identity of Memorial Park (Round 1 Outreach).......................................... 31 Figure 3-5: Shared Key Themes Between Memorial Park & Parks and Recreation System Master Plan Community Outreach 33 Figure 3-6: Preferred Concept Breakdown (Round 2 Outreach)....................................................................................................... 34 Figure 3-7: Top 10 Most Important Features for the Final Design of Memorial Park (Round 2 Outreach)...................................... 34 Figure 3-8: Preferred Concept Plan Presented at the June 2023 City Council Meeting................................................................. 35 Figure 4-1: Final Concept Plan................................................................................................................................................................ 39 Figure 4-2: Site Programming and Zone Key Map................................................................................................................................ 41 Figure 4-3: Photosimulation of the Passive Garden Walk .................................................................................................................... 42 Figure 4-4: Final Concept - Zone A......................................................................................................................................................... 43 Figure 4-5: Enlargement of Senior Center Deck / Plaza ...................................................................................................................... 44 Figure 4-6: Final Concept - Zone B ......................................................................................................................................................... 47 Figure 4-7: Photosimulation of the Event Lawn..................................................................................................................................... 48 Figure 4-8: Photosimulation of the Event Plaza..................................................................................................................................... 50 Figure 4-9: Final Concept - Zone C ........................................................................................................................................................ 51 Figure 4-10: Final Concept - Zone D....................................................................................................................................................... 55 Figure 4-11: Festivals and Event Areas................................................................................................................................................... 59 Figure 4-12: Enlargement of Critical Intersection (1)............................................................................................................................ 60 Figure 4-13: Enlargement of Critical Intersection (2)............................................................................................................................ 60 Figure 4-14: Pedestrian and Bicycle Circulation................................................................................................................................... 61 Figure 4-15: Vehicle Circulation.............................................................................................................................................................. 63 Figure 4-16: Proposed Tree Preservation ............................................................................................................................................... 65 Figure 4-17: Proposed Tree Removals.................................................................................................................................................... 67 Figure 4-18: Proposed Trees and Landscaping .................................................................................................................................... 69 Figure 5-1: Phasing Plan........................................................................................................................................................................... 77 Table of Figures
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Table of Contents V
Table 2-1: Parking Lots and Stall Quantities........................................................................................................................................... 14 Table 3-1: Outreach Methods ................................................................................................................................................................ 32 Table 4-1: Proposed Tree Palette ........................................................................................................................................................... 68 Table 4-2: Proposed Tree Palette (continued)...................................................................................................................................... 70 Table 4-3: Proposed Tree Palette (continued)...................................................................................................................................... 71 Table 5-1: Total Project Cost Estimate.................................................................................................................................................... 78 Table 5-2: Phase 1A Cost Estimate......................................................................................................................................................... 79 Table 5-3: Phase 1B Cost Estimate.......................................................................................................................................................... 80 Table 5-4: Phase 2A Cost Estimate......................................................................................................................................................... 81 Table 5-5: Phase 2B Cost Estimate.......................................................................................................................................................... 82 Table 5-6: Phase 2C Cost Estimate......................................................................................................................................................... 83 Table 5-7: Phase 3 Cost Estimate............................................................................................................................................................ 84 Table of Tables
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Executive Summary VII
Executive Summary
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VIII Memorial Park Specific Plan
Executive Summary
The City of Cupertino has a robust parks and
recreation system that serves its diverse community
of over 60,000 residents. Memorial Park is wellknown as a key amenity for recreation, leisure, and celebration. As the largest park in the city, Memorial
Park hosts concerts, festivals, and ceremonies that
attract visitors from across the Bay Area year after
year.
As identified in the Cupertino Parks and Recreation
System Master Plan, Memorial Park is an ideal
location to expand recreational opportunities to
serve the greater community. This system-wide plan,
adopted in 2020, also provides recommendations to
improve circulation, infrastructure, and accessibility
within the park. In immediate response to these
recommendations, the City of Cupertino began
developing a comprehensive vision for a revitalized
Memorial Park.
The Memorial Park Specific Plan is the result of
careful analysis and planning efforts in collaboration
with City staff, local residents, and park visitors.
This document analyzes the existing conditions
of the park, documents previous planning efforts,
contextualizes the park as a key component of the
Cupertino community, and synthesizes feedback
received from stakeholders. Over 3,300 people
provided valuable input about their favorite park
features, prioritized potential new amenities, and
explored other important topics during community
outreach events held both in-person and virtually.
The Memorial Park Specific Plan presents a conceptual
design that responds to the community’s preferences
and priorities; celebrates existing historical, cultural, and environmental features; and proposes new
amenities and infrastructural upgrades to enhance
the overall visitor experience. Key renovations to
the amphitheater and stage, an updated pathway
network, new high-quality playgrounds, and
dedicated pickleball courts are among the proposed
improvements.
This plan also explores potential pathways for
achieving the shared vision of a revitalized Memorial
Park. A phasing plan, cost evaluation, funding
strategy, and a summary of the environmental
review findings are included in this plan. Serving
as a comprehensive roadmap for stakeholders and
decision-makers, the Memorial Park Specific Plan
aims to ensure that this popular and well-known
community park remains an active, safe, and
accessible public resource.
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Introduction
Chapter 1
Introduction 1
Chapter 1
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Introduction 3
Overview
Memorial Park is the largest park in the City of
Cupertino park system. This popular 22-acre
community park includes several acres of lawn,
walking paths, a gazebo, two playgrounds, an
amphitheater, a lighted softball field, reservable
picnic areas, and six lighted tennis courts. Memorial
Park features the Cupertino Senior Center, the
Quinlan Community Center, and the Cupertino
Veterans Memorial. This centrally-located park
serves the entire community and hosts a variety of
large social and civic events. Memorial Park is open
daylight hours to 10:00 pm and has several on-site
parking lots.
The Memorial Park Specific Plan seeks to celebrate the
unique cultural, historical, and natural assets of the
park. This plan will guide the future enhancements
based on the vision and priorities of the community.
This Specific Plan is a forward-looking document that
studies the existing park site and context, analyzes
the results of the extensive community engagement
process, presents a comprehensive site concept, and
recommends an implementation strategy for the
future of Memorial Park. This plan aims to:
Project Purpose
The Parks and Recreation System Master Plan,
adopted in 2020, presents Cupertino’s vision for
expanding civic event and community gathering
spaces while improving the existing natural features
in Memorial Park. The Parks and Recreation System
Master Plan envisions the park as a community hub
with robust multi-use and civic-focused event spaces,
with updated event infrastructure—particularly the
existing amphitheater—and improved circulation
for visitors during large events. The development
of the Specific Plan is identified as an immediate
enhancement opportunity, recognizing this park as
an ideal location to host programs, events, fairs, and
festivals for visual, performing, and fine arts.
The Parks and Recreation System Master Plan
additionally proposes that the park design preserves
the existing lighted sports field, repurposes the pond, maximizes shade, enhances accessibility, integrates
inclusive and experiential nature play elements,
updates walkways and seating options, and considers
a multi-court pickleball tournament venue.
The Memorial Park Specific Plan directly responds
to the Parks and Recreation System Master Plan by
providing recommendations to enhance the park’s
unique identity and sense of place. The Specific Plan
presents a comprehensive suite of improvements
to achieve a balance between the built and natural
environments. The final concept plan, driven by
extensive community outreach, ultimately aims
to meet the present and future event, gathering,
recreation, and open space needs of Cupertino.
Build upon the vision of the Parks and
Recreation System Master Plan;
Respond to community input and
priorities;
Locate new amenities and enhance
existing ones;
Investigate costs, funding mechanisms,
and project partners; and
Summarize existing environmental
review efforts and outline a strategy for
moving forward.
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4 Memorial Park Specific Plan
Guiding Principles
Guiding principles for the project build upon the
goals in the Parks and Recreation System Master
Plan, which were focused on supporting an engaged,
healthy, and active community. The guiding
principles for the Memorial Park Specific Plan are:
• Reinvigorate and revitalize parks and recreation
facilities to support broad and inclusive recreation
interests (Goal 4: Enhancement);
• Provide programs, events, and services that foster
social cohesiveness and lively, diverse activities for
people of all ages, abilities, cultures, and interests
(Goal 5: Activity); and
• Create high quality recreation experiences, places,
and services that are welcoming, safe, responsible,
comfortable, and reflective of Cupertino’s unique
character (Goal 6: Quality).
Project Process
The Memorial Park Specific Plan was developed over
a period of a year and a half. During that time, an
extensive community outreach process took place
which invited local stakeholders and community
members to discuss their priorities and preferences
for a revitalized Memorial Park. Events were held inperson as well as virtually to reach over 3,000 diverse participants.
Participants were presented with design concept
alternatives and responded to surveys that provided
critical feedback to guide the planning and design
process. Meetings were held with neighborhood
groups, local civic and community organizations,
cultural groups, school districts, advocacy groups,
and City of Cupertino staff to develop a design
concept and vision that is tailored to the needs of the Cupertino community.
Image 1-1: Memorial Park Sign
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Introduction 5
Document Organization
The Memorial Park Specific Plan is organized
into five chapters. Each chapter builds upon the
prior, culminating in the final concept plan and
implementation strategy for a revitalized Memorial
Park.
Chapter 1: Introduction
This chapter discusses the purpose, process, and
guiding principles of the project.
Chapter 2: About the Park
This chapter provides context about the City of
Cupertino and describes the existing conditions of
Memorial Park.
Chapter 3: From the Community
This chapter summarizes the findings of the
community engagement process that shaped the
final concept plan.
Chapter 4: Park Concept
This chapter presents the final concept plan,
developed in response to community input and
feedback, for Memorial Park.
Chapter 5: Implementation
This chapter outlines the implementation strategies
to revitalize Memorial Park.
Appendix
The appendices are bound under a separate cover and
include supporting documentation for the Memorial
Park Specific Plan, including reports, assessments,
and analyses.
Appendix A. Parking Study
Appendix B. Tree Inventory Report
Appendix C. Community Engagement Data
Appendix D. Preliminary Concepts
Appendix E. Phase I Environmental Site Assessment
Appendix F. Geotechnical Evaluation
Appendix G. Planning Context
Appendix H. Site Assessment
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About the Park 7
About the Park
Chapter Chapter 22
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About the Park 9
Overview
This chapter will present background information on
the park and its surroundings. The sections in this
chapter include:
• Site Context
• The Park
• Surrounding Uses
• Park Access
• Park Circulation
• Existing Amenities
• Areas to Preserve
• Community Events
• Recent City Projects On-Site
The full Site Assessment is found in Appendix H.
Relevant planning documents that were consulted
for the Memorial Park Specific Plan are discussed in
Appendix G.
Image 2-1: Memorial Park (September 2023)
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10 Memorial Park Specific Plan
Site Context
The City of Cupertino (City) is nestled into the
foothills of the Santa Cruz Mountains at the west
end of Silicon Valley. The City owns or manages
224 acres of community or neighborhood parks,
recreational facilities, trail corridors, school sports fields, and special use sites across 34 locations.
This includes indoor and outdoor athletic facilities
offering baseball, softball, soccer, basketball, tennis, cricket, volleyball, swimming, and more. The City
also provides a sports/teen center, senior center,
community center, civic center, and golf course.
The Park
Memorial Park is a 22-acre community park centrally
located on Stevens Creek Boulevard in Cupertino
(Figure 2-1). This park sits one mile away from City
Hall and is home to both the Quinlan Community
Center and Cupertino Senior Center. Constructed
in the mid-1970s, Memorial Park initially included a
softball field, tennis courts, and a gazebo. Additional amenities and recreational facilities have been added
over time, such as the large amphitheater, multi-use
event lawn, playgrounds, walking paths, and Sister
City monuments. Memorial Park hosts community
events throughout the year, drawing visitors from
across Cupertino and the Bay Area.
Figure 2-1: Memorial Park Location in the City of Cupertino City of Cupertino
Interstate 280
Memorial Park
State Route 85
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About the Park ■ 11
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12 Memorial Park Specific Plan
Surrounding Uses
Memorial Park is located along Stevens Creek
Boulevard, a main commercial corridor with retail,
restaurants, grocery stores, and other businesses. The
surrounding area of the park is generally known as
the residential Garden Gate neighborhood.
Memorial Park is near Garden Gate Elementary
School, William Faria Elementary School, Abraham
Lincoln Elementary School, and Homestead High
School. Across from Stevens Creek Boulevard to
the south is De Anza College, a public community
college that offers over 70 associate degrees.
The Cupertino Sports Center is southeast of the
park at the intersection of Stevens Creek Boulevard
and North Stelling Road. This multipurpose facility
offers tennis, pickleball, racquetball, basketball, and badminton. The facility hosts fitness classes, sports
clubs, leagues, and camps for youth and adults.
The southwest corner of the park is adjacent to the
Westport Cupertino development project. The 8-acre
mixed-use development will include single-unit
attached residences, senior housing, and commercial
uses along Mary Avenue and Stevens Creek
Boulevard.
Lastly, the Mary Avenue Dog Park is located
northwest of the park. This dog park has separate
fenced areas for small and large dogs and is open
from 7:00 am to 8:00 pm every day. There are shaded
benches, drinking fountains, and trash receptacles.
Park Access
Visitors typically travel to the park via Stevens Creek Boulevard (arterial running west to east) which
borders Memorial Park to the south. Stevens Creek
Boulevard connects to the West Valley Freeway (State
Route 85) approximately a quarter-mile west of the
site. State Route 85 connects to Interstate 280 at an
interchange to the northwest of the park. De Anza
Boulevard, an arterial running north to south, is
located less than a mile east of the park (Figure 2-2).
There are several bus stops along Stevens Creek
Boulevard as well as North Stelling Road, which
partially borders Memorial Park to the east. Cupertino
is served by the Santa Clara Valley Transportation
Authority (VTA). The bus stop near the Cupertino
Senior Center on Stevens Creek Boulevard is serviced
by the local bus line (route 51), which also stops at
the intersection of Stevens Creek Boulevard and
North Stelling Road. The bus stop at Stevens Creek
Boulevard and North Stelling Road is also serviced
by the rapid bus line (route 523). The park is near
a stop within the De Anza College campus that is
serviced by the frequent bus line (route 23).
There are several bicycle routes to the park, most
notably, the buffered bike lanes along Stevens Creek
Boulevard, North Stelling Road, and Mary Avenue.
To the west of Homestead High School is a pedestrian
and bicycle route that connects to the northern end of
Mary Avenue. This paved shared-use separated path
utilizes the Don Burnett Bicycle-Pedestrian Bridge
(also known as the Mary Avenue Bridge) to cross
over Interstate 280. The bridge was opened in 2009
and connects Memorial Park to neighborhoods on
the northern side of the interstate.
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About the Park 13
Figure 2-2: Memorial Park Context Bike Lane Bus Stop
Interstate 280
Mary Avenue
North Stelling Road South Stelling Road
South De Anza Boulevard North De Anza Boulevard
Stevens Creek Boulevard
Bike/Pedestrian
Bridge
Pedestrian Bridge
Garden Gate
Elementary
School
Abraham Lincoln
Elementary School
William Faria
Elementary
School
Homestead
High School
Cupertino
Sports Center
De Anza
College
Mary Avenue
Dog Park
Memorial Park
State Route 85
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14 Memorial Park Specific Plan
Park Circulation
Vehicle and Parking
There are three vehicle access points into the park at
Mary Avenue, Alves Drive, and North Stelling Road.
The vehicle entrances lead into the three parking lots
within the park. There is no internal vehicle circulation at Memorial Park, except for City maintenance and
emergency vehicle access (Figure 2-3).
The southwestern parking area contains Lots 1, 2, and
3. Lots 1 and 2 are divided by a small speed bump
and are both reserved for patrons with a Cupertino
Senior Center permit. Lot 3 does not require a permit
but has a two hour time limit from 8:00 am to 5:00
pm. Lot 3 terminates at a roundabout that allows for
easy turn-around.
The parking lot along Alves Drive (Lot 4) is
unrestricted (no permit requirement or time limit).
During large civic events such as the Cupertino Holi
Festival of Colors, this parking lot is converted to a
food court area with food trucks, tables and chairs,
portable restrooms, and handwashing areas. There is
additional street parking on Alves Drive near this lot.
Lots 5 and 6 are primarily used for the Quinlan
Community Center and can be accessed via North
Stelling Road or Alves Drive. This parking lot
features electric vehicle chargers and a pick-up/dropoff roundabout. This parking lot is also unrestricted, but there are several stalls reserved for City vehicles only.
The on-site parking lot stall inventory is shown in
Table 2-1. There are 258 total on-site parking stalls,
with an additional 55 on-street parking stalls,
resulting in a total of 313 parking stalls available. All of the 55 on-street parking stalls are unrestricted and located on the north and south sides of Alves Drive.
There are no other unrestricted on-street parking
stalls along any other park frontage street.
The full Parking Study is found in Appendix A.
On-Site Parking Lots and Stall Quantities
Lot Access From
Total
Stalls
Accessible
Stalls1
1 Mary Avenue 61 6
2 Mary Avenue 27 1
3 Mary Avenue 34 2
4 Alves Drive 50 2
5 North Stelling Road 42 2
6 North Stelling Road 44 1
All 256 14
1 Accessible stalls are included in the total stalls quantities Source: TJKM Parking Study, 2022
Image 2-3: Parking Lot 4 along Alves Drive
Image 2-4: Parking Lot 3 Roundabout
Table 2-1: Parking Lots and Stall Quantities
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About the Park 15
Major Public Road
Minor Public Road
Public Access
Maintenance Access
# Parking Lot
Accessible Stall
4 5
6 3
2 1
Anton Way
Mary Avenue
Stevens Creek Boulevard
Alves Drive
North Stelling Road
Christensen Drive
Quinlan
Community
Center
Cupertino
Senior Center 100’0 200’
Figure 2-3: Existing Vehicular Circulation
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16 Memorial Park Specific Plan
Bicycle
Stevens Creek Boulevard and North Stelling Road
have buffered bicycle lanes on both sides of the road
(Figure 2-4). Mary Avenue has unprotected bicycle
lanes on both sides (Class II), which transition north
of the Cupertino Senior Center entrance to a buffered
bicycle lane on the east side (also Class II) and a
separated bikeway on the west side (Class IV). The
Bicycle Transportation Plan recommends a separated
bikeway on both sides of North Stelling Road and
both sides of Stevens Creek Boulevard (Stevens
Creek Boulevard is in progress as part of an ongoing
phased project).
Since the park does not currently feature any
designated bicycle trails, bicycle riding in the
park is discouraged due to potential conflicts with
pedestrians. There are several bicycle lockers at the
Cupertino Senior Center’s northern entrance.
Pedestrian
There is pedestrian access to Memorial Park on
all sides except along the western edge, where the
park abuts a residential development. Mary Avenue
has a sidewalk along the park’s western frontage
and a protected pedestrian island by the Cupertino
Senior Center parking lot vehicle entrance. To the
north, along Christensen Drive, there is a pedestrian
access point at the park’s northwest corner. To
the east, along North Stelling Road, pedestrians
must go through or around Quinlan Community
Center to access the park. Along Alves Drive there
are sidewalks and several pedestrian access points.
There is a pedestrian access point along Anton Way
near the historic gazebo. To the south, Stevens Creek
Boulevard has a continuous sidewalk but there is
only one pedestrian access point into the park in the
southeast corner. The south side of Christensen Drive
and both sides of Anton Way do not have sidewalks.
Paved paths connect all uses and amenities to a
comprehensive interior pedestrian network. The
looped paths range in width from 4 to 6 feet and
consist of concrete, asphalt, decomposed granite, or
pavers, although a majority of them are 6-foot-wide
asphalt paths. Cracking and tripping hazards are
common; various areas do not provide accessibility
features such as ramps or level surfacing.
Image 2-5: Concrete, Asphalt, and Dirt Paths Converge
Image 2-6: Asphalt Paths with Varying Elevation Changes Image 2-7: Cracked Asphalt Path
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About the Park 17
Figure 2-4: Existing Pedestrian and Bicycle Circulation Bicycle Lanes (Buffered, Class II)
Bicycle Lane (Unprotected, Class II)
Planned Separated Bikeway (Class IV)
Sidewalk
Pedestrian Circulation
Pedestrian Access
Building Access
Anton Way
Mary Avenue
Stevens Creek Boulevard
Alves Drive
North Stelling Road
Christensen Drive
100’0 200’
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18 Memorial Park Specific Plan
Existing Amenities
Memorial Park is a heavily utilized and amenitized
park (Figure 2-5). There are two community facilities
at opposite ends of the site, an amphitheater, picnic
areas, multi-use lawn spaces, playgrounds, a softball
field, tennis courts, and other amenities such as
such as restrooms, benches, drinking fountains,
bike racks, storage areas, and trash receptacles to
support the function of the park. This section serves
as an overview of the amenities, while Appendix H
provides the full Site Assessment.
Quinlan Community Center
The Quinlan Community Center is a 27,000-squarefoot recreation facility located in the southeastern portion of Memorial Park. The Quinlan Community
Center, opened in 1990, is home to the City’s Parks
and Recreation Department and the Cupertino
Historical Society and Museum. The facility is named
after Robert W. Quinlan, Cupertino’s second City
Manager who served from 1971 to 1989. The building
is multi-use, offering classrooms and a variety of
other rooms available to rent for business or personal
needs. The Quinlan courtyard on the western side
of the building features a small shade structure
that is bracketed by the wings of the building. The
Quinlan event lawn lies immediately west of the
courtyard. The courtyard is well-connected with the
park’s pathway network, with walkways from both
the north and south ends of the courtyard wrapping
around the Quinlan event lawn leading into the park.
Cupertino Senior Center
The Cupertino Senior Center, a membership-based
recreation facility, is a 15,500-square-foot building
located in the southern portion of Memorial Park
along Stevens Creek Boulevard. The main entrance to
the building is on the north side, served by a parking
lot accessed via Mary Avenue. The main entrance
features a memorial bench and low seat wall with
engraved tile dedications bordering a paved plaza
with shaded circular picnic tables and a decorative
pergola. There is a small deck facing the park on the
east side of the building.
Image 2-8: Quinlan Community Center, Street Frontage
Image 2-10: Quinlan Community Center, Courtyard
Image 2-9: Cupertino Senior Center, Street Frontage
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About the Park 19
1 Amphitheater
2a Picnic (Drop-in)
2b Picnic (Reservable)
3 Multi-Use Lawn
4a Playground (2-5)
4b Playground (5-12)
5 Softball Field
6 Tennis Courts
7 Spectator Seating
8 Restrooms
9 Maintenance/Storage
10 Cell Tower
2b 3
4a
4b
9 6
7 5
9 9
10 2a 3
2a
2a
3 1
8 3
3 7
8 Anton Way
Mary Avenue
Stevens Creek Boulevard
Alves Drive
North Stelling Road
Christensen Drive
Cupertino
Senior Center
Quinlan
Community
Center
100’0 200’
Figure 2-5: Existing Amenities 0
0 0
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0 I
I
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0 0
0 0
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20 Memorial Park Specific Plan
Amphitheater
Memorial Park is home to the only public
amphitheater in Cupertino. It hosts the Summer
Concert Series and Shakespeare in the Park,
which both run during the summer months. The
amphitheater is highly valued by the community.
Terraced concrete seat walls are built into a small
hillside area to provide formal seating. The seat walls are surrounded by lawn and are backed by a grove
of trees. There are no ramps, stairs, or handrails and
therefore limited accessibility.
Picnic Areas
The park has multiple picnic areas for drop-in use,
as well as a large reservable picnic area, which can
accommodate social gatherings of all sizes. These
areas are largely without shade, which inhibit their
use on hot and sunny days. The large reservable
picnic area has a capacity of 113 people with 16
picnic tables, 2 serving tables, 3 barbeques, and a
counter area with a sink. Electricity is available with a reservation to further enhance the usability of this
key amenity. There are two smaller general use
picnic areas around the softball outfield, each with
two picnic tables and two barbeques. Lastly, there
is a large general use picnic area near the 5-12 year
old playground with space for multiple groups and
barbeques. However, there is a lack of separation
between the tables to create clear groupings.
Multi-Use Lawn Spaces
There are several areas of unobstructed multi-use
lawn in Memorial Park. The northern portion of
the park contains the largest multi-use lawn. It is
rectangular, largely flat, and sits between the Quinlan Community Center and the reservable picnic area.
The lawn is bounded on the remaining sides by a
walking path within an allée of trees. The park also
has smaller lawn spaces serving passive use activities.
Image 2-12: Reservable Picnic Area
Image 2-11: Amphitheater Seating
Image 2-13: Multi-use Lawn near Quinlan Community Center ■
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About the Park 21
Playgrounds
There are two playgrounds at Memorial Park. A
playground appropriate for 2-5 year old children is
located on the north end of the site, situated between
the softball field and tennis courts. A playground
appropriate for 5-12 year old children is located on the southern end of the site adjacent to Anton Way and
the amphitheater. Both playgrounds are connected
by pathways, within walking distance of restrooms,
and have unshaded seating areas. Playgrounds are
buffered from vehicle traffic by other park amenities.
The play structures lack clear paths of travel and
accessible ramps. The play surfacing is composed
of wood fiber surfacing bounded by concrete curbs,
which does not provide an accessible transition.
Softball Field
Memorial Park features the only lighted softball field
in the City. The softball field is primarily used by
Cupertino Parks and Recreation sponsored leagues
and local teams, but is also available for drop-ins and reservations during the weekends and off-season.
This field attracts players and spectators from around
the entire South Bay region given the high quality of
this amenity.
Tennis Courts
There are six lighted first come, first served tennis
courts, one of which is dual-striped for pickleball.
The tennis courts are oriented north/south and are
divided by a low fence with gaps to allow movement
between courts. The tennis court area is protected by
a high fence with privacy and wind screens.
Image 2-15: Playground, 2-5
Image 2-16: Softball Field
Image 2-14: Tennis Courts
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22 Memorial Park Specific Plan
Areas to Preserve
There are several areas and site elements of Memorial
Park that were not considered for redesign as part of
the Memorial Park Specific Plan, shown in Figure 2-6.
These existing features are critically important to the identity of the park and/or otherwise constrained.
The Quinlan Community Center building will not
be altered, which includes the small patio attached
to the southern wing and the small play area
attached to the northern wing. The Cupertino Senior
Center building will also not be altered, although
modifications to the existing deck were considered
to improve the building’s connection to the park’s
pedestrian network.
Several cultural elements in Memorial Park will be
preserved. The Veterans Memorial, the grove of trees
that encompass the memorial, and the other memorial
trees were not considered for redevelopment in the
Memorial Park Specific Plan. The two stone lanterns
will remain, although their exact locations are subject to change. The gazebo, identified as a historic site in the General Plan, is fragile and therefore cannot be
altered or relocated.
Lastly, the cell tower and its associated transformers
have an active lease through 2040 and cannot be
moved.
Image 2-17: Veterans Memorial
Image 2-18: Stone Lantern
Image 2-19: Cell Tower
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About the Park 23
4 Cell Tower
5 Stone Lanterns
6 Memorial Trees
1 Recreational Buildings
2 Veterans Memorial
3 Historic Gazebo
1 1
2 3
4 6
6 5
5 Anton Way
Mary Avenue
Stevens Creek Boulevard
Alves Drive
North Stelling Road
Christensen Drive
Cupertino
Senior Center
Quinlan
Community
Center
100’0 200’
Figure 2-6: Existing Areas to Preserve 0
0 0
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24 Memorial Park Specific Plan
Community Events
Memorial Park frequently hosts large communitywide and regional cultural events. Throughout the year, over a dozen events are held by organizations
such as the local Rotary Club chapter, Cupertino
Chamber of Commerce, and the Sister City program.
These large events can attract thousands across the
Bay Area to the park.
The Bay Area Diwali Festival of Lights is a free public event that showcases multicultural music, dance,
workshops, arts and crafts, and food. For over 20
years, this family-friendly event has partnered with
vendors and sponsors to provide fun and educational
experiences for the greater region. Memorial Park
also hosts the Cupertino Holi Festival of Colors, the
Heritage India Faire & Purab Fest, the Cupertino
Cherry Blossom Festival, the Summer Concert Series,
Shakespeare in the Park, and more.
In addition to festivals and performances, Memorial
Park is also home to ceremonies focused on reflection
and remembrance. For example, the annual Veterans
Day Ceremony recognizes local veterans at the
Veterans Memorial statue titled “The Guardians.” The
ceremony includes remarks by notable community
members who offer commendations to all veterans,
active duty military, and first responders.
Memorial Park also hosts the annual Bell Ringing
for Peace Ceremony, which recognizes the bombing
of the City of Toyokawa, Japan on August 7, 1945—
a few weeks before the end of World War II. This
ceremony hosts guest speakers that recount the
tragedy, pledge a peaceful relationship, and celebrate
over four decades of City sisterhood. The attendees
gather around the senbazuru, a tower of 1,000
origami cranes prepared by the student delegates
of the Cupertino-Toyokawa Sister Cities program,
while the bells are rung for 30 seconds.
Image 2-20: Diwali Festival (2022)
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About the Park 25
Recent City Projects On-Site
Memorial Park Ponds Repurposing Project
The Memorial Park Ponds Repurposing Project
removed approximately 71,000 square feet of existing
concrete lining from the ponds located at the park
during the summer and fall of 2022. The ponds were
previously emptied and without water since 2013
due to drought conditions. The area was backfilled
and graded, the irrigation systems were modified,
and landscaping, turf, and pathways were installed.
During construction, the stone lantern located in
the central pond was temporarily relocated and
subsequently returned to the original location. The
project was completed in August 2023. Image 2-21: Ponds at Memorial Park Before Removal (2012) Image 2-22: Ponds at Memorial Park After Removal (2022) ■
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From the Community 27
From the Community
Chapter Chapter 33
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From the Community 29
Community Engagement Overview
The success of the Memorial Park Specific Plan relies
on the involvement of community members to shape
the project’s vision, goals, and priorities. Outreach
and engagement are pivotal components of any
public project to ensure that the final plan accurately and holistically represents the community and its
diverse residents.
Community outreach questions were developed
around three identity scenarios—Civic Event
Space (e.g., festivals, concerts, sports), Community
Gathering Space (e.g., playgrounds, picnics, classes),
and Natural Site and Park (e.g., green space, walking
paths, nature areas)—which link directly to the vision
outlined for Memorial Park in the Cupertino Parks
and Recreation System Master Plan (2020).
The initial goal for Memorial Park outreach was to
collect data on the community’s likes, needs, and
wants in terms of park identity scenarios, elements,
and amenities. A second round of engagement
focused on collecting feedback about preliminary
concept plans and prioritizing features for the
development of a final concept plan. Community
input was gathered in September/October 2022
(Round 1) and January/February 2023 (Round
2) through online and in-person engagement
activities. Over 3,300 community responses were
received in the first two rounds of public outreach,
providing essential input to shape the revitalization
of Memorial Park. Participants representing a wide
range of ages and ethnicities were excited about the
opportunity to revision the park and eager to share
their opinions in conversations with the project team
and in online responses. A third and final round of
outreach included a public review period and final
presentations of the Memorial Park Specific Plan
to the Parks and Recreation Commission and City
Council.
September to November 2022
WHAT DO
WE WANT?
PUBLIC REVIEW
PERIOD
WHAT ALTERNATIVE
IS BEST?
ROUND 1 ROUND 2 ROUND 3
January to June 2023 August 2023 to April 2024
Pop-Up Events (3)
Online Survey
Community Webinar
Focus Group Interviews
Design Concept Open House
Online Survey
Community Webinar
Commission & Council
Presentations
Commission & Council
Presentations
Online Design Concept
Review
Figure 3-2: Outreach Process
Figure 3-1: By the Numbers - Community Engagement
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30 Memorial Park Specific Plan
The outreach efforts revealed that Memorial Park
is a well-utilized and beloved community asset
drawing visitors for a wide range of activities.
Among the community members surveyed, most
visit Memorial Park to attend a festival or event, and
the park’s reputation as a popular venue for public
performances and celebrations is an important part
of its identity. Walking paths, natural areas, trees,
open lawn space, events, and playgrounds were toprated features of the park, illustrating how effectively Memorial Park balances active and passive recreation,
play experiences, nature elements, and community
connection.
While planning for the park’s future, the community
favored building on Memorial Park’s strong
foundation, citing new recreation amenities including
water play and nature play, better connections for
bike access, more amenities for all ages/abilities, and an expanded tree canopy to provide more shade as
the most desired enhancements. Although it was
a popular park amenity during initial community
engagement for the Memorial Park Specific Plan,
water play did not align with the City of Cupertino’s
sustainability goals and was not furthered in the
design process.
Community outreach participants preferred a park
design that combines a variety of recreation options,
such as pickleball and tennis, with expanded
opportunities for play, social gathering, and the
enjoyment of nature. Garden areas, trees, shaded
picnic areas, playgrounds, sports courts, upgraded
restrooms, and an upgraded amphitheater were all
important priorities for the final concept plan.
Overall, the community supports the unique features
and diverse uses of Memorial Park, while desiring
enhancements to social and recreational experiences
and improvement of the park’s natural amenities.
The public recognizes the multi-faceted ways the
park serves the Cupertino community by providing
a trifecta of equally engaging identity scenarios as a
civic event space, community gathering space, and
natural site and park.
Image 3-1: Round 1 Pop-Up Event, September 2022
Figure 3-3: Top 5 Most Liked Current Park Features
(Round 1 Outreach)
■
---- TOPS ----
PARK FEATURES
MOST LIKED
II
I
El
II
I
Combined online and in-person
-.
NATURAL AREA ~)ip
AND TREES ■--~- --..
FESTIVALS AND ·'<·~ :_
EVENTS -I .. (ii~ ;
•.~ I • ,, ... I • .f, ... '
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From the Community 31
The community envisions a future Memorial Park
that perpetuates these three identities as it evolves.
Enhanced opportunities for access, play, recreation,
events, social gathering, and experiencing nature are
methods to further the uniqueness of the park.
For detailed information about outreach efforts and
results, see Appendix C.
Methods
Community engagement for the project was
conducted in a hybrid manner, utilizing virtual and
in-person formats to solicit input and provide a variety of convenient options to get involved. Outreach
activities included virtual focus group meetings,
two webinars, two online surveys, several public
presentations, a public comment period, and several
in-person events in Cupertino. The engagement
strategy utilized multiple avenues to increase public
awareness of the project and its community outreach
events, including digital and printed promotional
materials. See Table 3-1 for a list of outreach efforts.
The identity scenarios of
Civic Event Space,
Community Gathering Space,
and Natural Site & Park
which directly align with key
community outreach themes and
recommendations for Memorial Park
outlined in the City’s Parks and
Recreation Master Plan
will form the foundation of the
Memorial Park Specific Plan.
Figure 3-4: Desired Scenarios for Current and Future Identity of Memorial Park (Round 1 Outreach)
SCENARIOS
CURRENT
AND FUTURE
MEMORIAL
PARK
IDENTITY
Survey Questions #6-7
and In-Person Votes
42%
NATURAL
SITE AND
PARK
32%
CIVIC
EVENT
SPACE
COMMUNITY 26%
GATHERING
SPACE
■
z ■ NATURAL SITE AND PARK
w g;j COMMUNITY GATHERING SPACE
:::,
U CIVIC EVENT SPACE
w
a,::
:::,
t-
:::,
...
NATURAL SITE AND PARK
COMMUNITY GATHERING SPACE
CIVIC EVENT SPACE
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32 Memorial Park Specific Plan
Method Intent/Purpose Media Duration
Engage
Cupertino
(Project Website)
An information resource for residents and
location to post status updates about the project. Online Entire project Survey To gather community input on existing
conditions and future desires for Memorial Park.
Online; available in English,
Chinese, and Hindi
September 15 to
October 9, 2022;
January 25 to
February 22, 2023
Pop-up Events To complement the online survey with in-person participation opportunities.
In-person; printed boards
with interactive dot stickers
September 17, 24,
and October 8, 2022
Open House To complement the online survey with in-person participation opportunity.
In-person; printed boards
with interactive dot stickers February 4, 2023
Focus Group
Interviews
To begin the outreach process with City staff and
the community. Virtual September through December 2022
Community
Webinar
To gather community feedback on existing
conditions and future desires for Memorial Park. Virtual September 15, 2022February 9, 2023 Commission
and Council
Presentations
To present the project, gather input, and report
on the project status. Virtual; presentation
February 2, 2023
February 23, 2023
June 1, 2023
June 21, 2023
Public Comment
Period
To present the preferred site plan to the
community for input. Virtual August/September 2023
Park Sign To inform about the project status and
encourage community input.
In-person; posted in
Memorial Park Entire project
Social Media
Post
To spread the word about community
engagement efforts and generate participation.
Online; Facebook and
Instagram profiles Entire project
Postcards and
Door Hangers
To spread the word about community
engagement efforts and generate participation.
Postcards distributed to all
City residences and door
hangers to park-adjacent
residences
September 2022
January 2023
Commission
and Council
Announcements
To announce the project, gather input, and
encourage participation.
Virtual and in-person;
presentation
September and
October 2022
January and
February 2023
City Newsletter To spread the word about community
engagement efforts and generate participation. Virtual and hard copies January 26 and February 2023 Table 3-1: Outreach Methods
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From the Community 33
Round 1: Community Themes
Community outreach efforts during the initial stage
of the project collected input on a wide range of topics including current park features, usage habits, and
ideas for revitalizing Memorial Park. Engagement
activities consisted of three pop-up events, an online
survey, a community webinar, and five focus group
interviews. Outreach themes highlighted during the
first round of engagement align with several themes
and priorities identified in the City’s Parks and
Recreation System Master Plan, as outlined below.
Overall, the community wants Memorial Park
to be easy to get to and move through, include
distinctive spaces for social activities, offer a wide
variety of engaging recreation options in a natureoriented setting, and support a healthy, cohesive community in a manner that is uniquely Cupertino.
Suggested improvements for the park focused on a
combination of passive and active uses, as well as
social and individual experiences. Improving event
spaces such as the amphitheater, enhancing the tree
canopy and shade, adding recreation activities and
amenities, enhancing nature experiences, expanding
inclusive options, and improving park access
were recommendations outlined in the Parks and
Recreation System Master Plan equally supported by
outreach input for the Memorial Park Specific Plan.
Additionally, participants in Round 1 outreach
supported the following park features:
• Multi-use pathways and bike-friendly access
points
• All-abilities, nature, and water play amenities
• Native plant and demonstration gardens
• Spaces for festivals and community events
• Dedicated pickleball and tennis courts
• Picnic areas with shade
Figure 3-5: Shared Key Themes Between Memorial Park & Parks and Recreation System Master Plan Community Outreach Community Outreach Themes from 2020 System Master Plan that Align with Memorial Park Specific Plan Outreach Results
Residents want easy, enhanced access
to parks and recreation opportunities.
Community members want more
opportunities to connect to nature.
Cupertino desires a variety of play
experiences for all ages and abilities.
Parks and recreation opportunities
should reflect Cupertino’s character,
heritage, and diverse community.
Residents and visitors desire a wide
range of recreation options.
Residents appreciate community
events and would like to see more
spaces in Cupertino for bringing
people together.
PARK & FACILITY
ACCESS
UNIQUELY
CUPERTINO
NATURE
EXPERIENCE
RECREATION
VARIETY
EXTRAORDINARY
PLAY
SOCIAL GATHERING
& CELEBRATION
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34 Memorial Park Specific Plan
Round 2: Preferred Design
The second round of community engagement
presented three preliminary concept plans and
collected feedback to develop a preferred design for
Memorial Park. Engagement opportunities included
an online survey, webinar, community open house,
public presentations, and the public comment period.
The goal of this round of outreach was to gauge
public sentiment about different concept options and
determine priorities for the final plan.
Each park concept was inspired by one of the three
identity scenarios—Civic Event Space, Community
Gathering Space, and Natural Site and Park. Concept
A (Community Focus) offered a wide range of
community-oriented activities while balancing the
natural and civic elements of the park. Concept B
(Nature Focus) expanded and enhanced the park’s
natural elements and blended them with other civic
and community-oriented spaces. Concept C (Civic
Focus) enhanced opportunities for civic engagement
while integrating nature and community-oriented
elements of the park. Appendix D contains the three
preliminary concept plans.
Concept Priorities
Results from Round 2 outreach revealed the
community’s preferences and priorities for Memorial
Park’s design. In general, the community preferred
a balance of passive and active amenities, including
play, social gathering, fitness, nature, and civic
engagement, and favored the concept plan that best
reflects those priorities. Features such as playgrounds, pickleball courts, a passive garden walk, and the
amphitheater ranked as favorite elements of each of
the three concepts.
When asked to select the most important features
across all three concept plans to be included in the
final design, the community again focused on a
unique combination of play-based recreation, nature
elements, and social amenities (see Figure 3-7). The
majority of participants chose Concept A as their
preferred concept, which focused on recreation and
play with a relocated/expanded playground as part
of a multi-age play area to replace the softball field.
TOP 10
MOST
IMPORTANT
FEATURES
FOR THE FINAL
DESIGN OF
MEMORIAL PARK
All Outreach Methods
PASSIVE GARDEN WALK 185
DEDICATED PICKLEBALL COURTS
RELOCATED/UPGRADED RESTROOMS
UPGRADED PLAYGROUND
PICNIC AREA WITH SHADE
ADDITIONAL TREES
UPGRADED AMPHITHEATER
RELOCATED/EXPANDED PLAYGROUND
NATURE PLAYGROUND
GROUP PICNIC AREA WITH SHADE
177
174
173
164
150
139
135
127
total
number
of votes
111
Figure 3-7: Top 10 Most Important Features for the Final Design of Memorial Park (Round 2 Outreach)
IDENTIFY YOUR
PREFERRED CONCEPT
50%
13%
37%
CONCEPT A:
COMMUNITY FOCUS
CONCEPT B:
NATURE FOCUS
CONCEPT C:
CIVIC FOCUS
All Outreach Methods
Figure 3-6: Preferred Concept Breakdown (Round 2 Outreach) ■
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IHI~
fir
al
rti
-
~
~ L------ ,~~
~
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From the Community 35
Preferred Concept Plan
Feedback from the community, as well as City
staff and commissioners, was synthesized into the
preferred concept plan for Memorial Park. This design
used Concept A—the favorite concept from Round 2
outreach—as a base, while blending some of the most
popular features from Concepts B and C into a single
plan that cohesively serves the diverse needs of the
community. A key feature of the preferred plan was a
large multi-age play area with a relocated/expanded
playground and three dedicated pickleball courts
on the site of the existing softball field, as shown in Concept A.
The preferred concept was presented to City Council
in June 2023. In consideration of public comments
received, the preferred design was approved by
Council with the condition that the softball field
remained in its current location and the new features
included in the preferred design for that area be
relocated.
Revised Preferred Concept Plan
A revised preferred concept plan was available
online for public review in August/September 2023.
In the updated design, the softball field remained
in its existing location, as per Council’s direction, in place of the previously proposed multi-age play area.
Several new park amenities were relocated to other
areas of the park, including four dedicated pickleball
courts in the southeast corner of the park. Feedback
received from the local pickleball community during
the public comment period for this design indicated
that the number of pickleball courts should be
increased to a total of eight to accommodate growing
demand.
The following chapter presents the final concept plan
and its amenities, proposed site circulation, trees and landscaping, and other components of the revitalized
Memorial Park.
Figure 3-8: Preferred Concept Plan Presented at the June 2023 City Council Meeting ■
SITE PLAN
(i) Event Lown
0 New Parking Lo
0 Relocated/ Upgraded Restroom
© Expanded Senior Center Courtyard
© Bocce Court
© Nature Playground
0 Enhanced Pedesirian/Btke Access
© Veterans Memorial
© Upgraded Amphitheater and SI0ge
@ Gozebo Picnic Areo
j @ Possive Gorden Wolk
" @ Ployground 12-5. 5- 12, Tricycle lrack) ,i
~ @ New Restroom
I @ Baske lboll Court
@ Pickle ball Courts
@ Off-Leash Dog Area !Fenced)
@ Existing Tennis Coutts.
@ Reservable Picnic Area
@ Upgraded Quinlan Courtyard
@ Existing Parking Lot
Proposed Tree$ • Existing Trees
Sfevons Crest Soulovad
~-.~
D D BO' 1.0' 320'
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Intentionally
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Park Concept 37
Park Concept
Chapter Chapter 44
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38 Memorial Park Specific Plan
Final Concept
The final concept plan (Figure 4-1) emerged as a result of the comprehensive outreach approach discussed in
the previous chapter. The proposed design provides
a cohesive park space that has clear organizational
hierarchy, directly responds to the priorities identified in the community outreach process, and builds upon
the shared vision for Memorial Park as outlined in
the Parks and Recreation System Master Plan.
This chapter presents a conceptual design that
celebrates Memorial Park’s existing historical
and environmental features while proposing new
amenities and infrastructural improvements to
enhance the overall visitor experience. The design
preserves important cultural features of the park,
such as the Veterans Memorial, as well as preserving
key recreational opportunities, such as tennis and
softball. A renovated amphitheater and stage,
dedicated pickleball courts, and an all-abilities
playground are among the proposed improvements
to revitalize Memorial Park.
The final concept plan considered the existing and
future uses of the park amenities to provide a balanced and functional outdoor space. Trash receptacles,
drinking fountains, benches, and bicycle racks will be
incorporated strategically near amenities, restrooms,
and other destinations to enhance visitor comfort
and convenience. Additional trees, plantings, and
bioretention areas are recommended to maintain the
park’s aesthetic environment while enhancing its
ecological value. Lastly, the final concept improves
park circulation with an expanded multi-use path
network that provides bicycle connections to the
City’s extensive active transportation system.
The remainder of this chapter discusses the
programming of the park, outlines the new or
enhanced site elements, provides character images
to communicate ideas, describes the improved
circulation network, explores event and festival
considerations, and summarizes the landscaping
recommendations.
1 New Site Arrival
2 New Parking Stalls
3 Upgraded Restroom
4 Passive Garden Walk
5 Pickleball Courts
6 Expanded Senior Center Deck / Plaza
7 Fitness Station
8 Bocce Court
9 Reservable Picnic Area
10 Nature Playground
11 Enhanced Pedestrian / Bicycle Access
12 Veterans Memorial
13 Upgraded Amphitheater and Stage
14 Historic Gazebo
15 Event Lawns
16 Event Plaza
17 All-Abilities Playground
18 New Restrooms
19 Basketball Court
20 Existing Softball Field / DOLA
21 Dedicated Tennis Courts
22 Upgraded Quinlan Courtyard
23 Upgraded Parking Lots
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Park Concept 39
Cupertino
Senior Center
100’0 200’
Stevens Creek Boulevard
Anton Way
Mary Avenue
Alves Drive
North Stelling Road
Christensen Drive
Quinlan
Community
Center
16 11
18 18
17 15
15 14
13 2
5 4
6 7
8 10
12 11
1 1
20 3 21
15 23
23 23
23 9 22
19 Figure 4-1: Final Concept Plan
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40 Memorial Park Specific Plan
Site Programming
Site programming involves the thoughtful
planning, design, and arrangement of distinct areas
within the park to support specific activities and
experiences. Effective site programming ensures
that each designated area can accommodate its
intended purpose while also considering factors like
accessibility, safety, and aesthetics.
The programmed areas accommodate a diverse
range of community needs, interests, and priorities.
Their organic arrangement ensures that the park’s
layout is balanced and cohesive, while establishing
a harmonious, vibrant, and functional blend of active
and passive recreation opportunities. Programmed
uses are also separated into well-defined pockets to
avoid interference and conflict between incompatible
uses while maintaining a permeable, attractive, and
approachable hierarchy of activities. Deliberate and
intentional site programming produces an engaging
and enjoyable rhythm as a visitor travels through the
park.
Figure 4-2 shows the primary programmed areas:
sports, play, social gathering and picnic, festivals
and events, and experiential garden. The general
definitions and benefits of the programmed areas are
discussed below. Specific site elements and physical
design features within Memorial Park are explored in
the following section, organized by the zones labeled
in the figure.
Social Gathering and Picnic
This area provides a space for casual social
gatherings as well as opportunities for relaxation
and passive enjoyment. Picnic tables and barbeques
provide spaces for cookouts and communal dining
experiences to share and enjoy meals with family and
friends, while also supporting passive uses such as
reading, studying, crafting, and board games. Some
of the amenities in this programmed area are rentable,
including the Quinlan courtyard, large picnic area,
and historic gazebo.
Play
Play areas are designed for children and families
to engage in a variety of physical, social, and
imaginative activities. These areas support family
outings, caretaker-child bonding, quality outdoor
experiences, and community building. They provide
opportunities for children to develop skills and
explore their interests in a safe and supervised
environment.
Experiential Garden
Experiential gardens are valuable for promoting
relaxation, contemplation, and mindfulness by
offering a tranquil and meditative space. This area
allows a visitor to peacefully explore and appreciate
the natural environment. Experiential gardens may
showcase a variety of materials and plant species,
focusing on unique textures, fragrances, and colors
that create a sensory and educational experience
while supporting the health and resilience of the
local ecosystem.
Festivals and Events
By allocating spaces for festivals and large events, a
park can enrich the cultural, social, and economic fabric of the community. These areas provide opportunities
for celebrating cultural diversity through educational
and artistic exhibitions and performances; boosting
tourism and the local business economy by attracting
outside visitors from the greater region; and building
a community sense of pride and identity by creating
platforms for local performers, artists, and vendors to gain recognition.
Sports
This programmed zone features recreational facilities
and spectator areas designed for sports-related
activities. Although sports fields and courts typically have striping and features aligned with the rules and
requirements of one particular sport, they are often
flexible to accommodate a wide range of casual athletic hobbies. Athletic areas may support organized sports
leagues and competitive tournaments as well as
casual and spontaneous games. This usage category
plays an important role in promoting physical fitness,
social interaction, and community engagement.
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Park Concept 41
100’0 200’
Anton Way
Mary Avenue
Stevens Creek Boulevard
Alves Drive
North Stelling Road
Christensen Drive
Play Sports
Social Gathering and Picnic Festivals and Events
Experiential Garden Zones
A
B
C D
Figure 4-2: Site Programming and Zone Key Map
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0 0
.,. ___ _ . - -. . - -.
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42 Memorial Park Specific Plan
Site Elements - Zone A
Passive Garden Walk
The passive garden walk provides a quiet and aesthetic
space for meditation and passive enjoyment of the
natural environment. This amenity features walking
paths that meander through planting and landscaped
areas. The passive garden walk will feature native
and adapted low-water plant species, providing
visual interest and species richness. Seating elements
with back support are placed strategically along the
meandering pathways, encouraging visitors to linger
is this serene setting (Figure 4-3).
In response to the City’s Green Stormwater
Infrastructure Plan, the site will include stormwater
treatment areas with educational signage. Stevens
Creek Boulevard frontage will also accommodate
street stormwater runoff.
Figure 4-3: Photosimulation of the Passive Garden Walk
Image 4-1: Passive Garden Walk
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Park Concept 43
1 Passive Garden Walk
2 Pickleball Courts
3 Nature Playground
4 Expanded Senior Center Deck / Plaza
5 Event Lawn
6 Bocce Court
7 Fitness Station
8 Park Sign
9 New Restroom
10 Upgraded Parking Lot
11 New Parking Stalls
Cupertino Senior Center
KEY MAP
Mary Avenue
3 6
1 4
7 8
5 9
2 11
10 A
Figure 4-4: Final Concept - Zone A
0 0
0 0
0 0
0 0
0 0
0 ■
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44 Memorial Park Specific Plan
Pickleball Courts
The final concept includes eight dedicated pickleball
courts located in the southeast corner of the park.
This location is ideal due to the proximity to the
Cupertino Sports Center, which has overlapping
and compatible uses. The reservable courts will be
contained by a 6-foot fence and feature waiting areas
with benches and drinking fountains at the eastern
entrances.
The pickleball courts are oriented north/south and
are organized into two clusters of four courts with
permanent nets. The pickleball courts are expected
to accommodate multiple games to accommodate
the growing pickleball demand. Lighting is
recommended to allow for evening use.
Nature Playground
The nature playground features boulders, logs, and
other natural materials for creative and imaginative
play. Nature playgrounds provide opportunities
for unstructured activities that bolster sensory
development and environmental education. This
amenity is the smaller of the two playgrounds in
the park, and is accompanied by an adjacent small
reservable picnic area with a barbeque.
Expanded Senior Center Deck / Plaza
The Cupertino Senior Center deck will be expanded
to accommodate a larger number of guests for events
and activities held at the facility. The deck will feature a gentle ramp that connects to the pathway network
and a small plaza at the ground level (Figure 4-5).
Event Lawn
The event lawn provides a large open space that is
flexible and multi-use. The grassy area would be
ideal for events and social gatherings, quiet lounging
and relaxing, or informal lawn games. The event
lawn features seat walls along the edge allowing
for rest and observation. This amenity would also
accommodate spillover from the adjacent nature
playground and picnic area.
Figure 4-5: Enlargement of Senior Center Deck / Plaza
Image 4-2: Pickleball Courts
Image 4-3: Nature Playground
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Park Concept 45
Bocce Court
The proposed bocce court is north of the Cupertino
Senior Center and is expected to be utilized by
members of this facility. This amenity is reservable
but open for drop-in use when not otherwise
occupied. The bocce court will have a shade structure
and seating for additional comfort, and will require
little maintenance aside from periodic compaction.
Fitness Station
The park design features an outdoor fitness station,
which will be equipped with exercise equipment for
visitors to engage in strength and balance training.
The fitness station intends to provide free access to
physical exercises guided by signage and featuring
accessible design.
Park Sign
A relocated park sign will enhance the arrival
experience for a visitor entering the park from the
southeast corner. The sign, centered between two
entry pathways, will improve visibility of the park
for pedestrians, bicyclists, and drivers traveling
along Stevens Creek Boulevard.
New Restroom
A small restroom building will provide bathroom
stalls as well as drinking fountains and storage for
park equipment. This restroom replaces an existing
restroom planned for removal, and will serve the
adjacent amenities such as the nature playground
and pickleball courts.
Upgraded Parking Lot
The Cupertino Senior Center parking lot is
recommended for resurfacing and restriping. While
the arrangement and number of parking stalls would
not change, landscape improvements to the planting
areas and an asphalt concrete overlay would enhance
the visitor arrival experience. A new speed table at
the northern edge of the parking lot would serve as
a traffic calming device that improves circulation,
safety, and accessibility, as discussed further in the
Site Circulation section.
New Parking Stalls
The pickleball courts will be bordered to the east by
nine new parallel parking stalls. One of the eight
stalls is accessible. The adjacent sidewalk connects
the stalls to the park’s circulation network. Directly
north of the parking stalls is a 15-foot maintenance
vehicle access point off of Anton Way.
Image 4-4: Bocce Court
Image 4-5: Fitness Station
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46 Memorial Park Specific Plan
Site Elements - Zone B
All-Abilities Playground
A primary focal point of the park’s design is the
large all-abilities playground. This key amenity
accommodates people of all abilities, including those
with physical, sensory, or cognitive disabilities.
Adaptive equipment such as handrails, transfer
platforms, and specialized seating accommodate a
variety of physical needs, in addition to ramps and
pathways that allow efficient access for individuals
with mobility devices. The all-abilities playground
aims to create a welcoming environment to support
many types of play by including multi-sensory
elements and variety of social spaces. These features
are built upon the primary elements of play, which
include balancing, sliding, brachiating, spinning,
climbing, swinging, running, and free play.
The all-abilities playground will feature resilient
rubber surfacing and will utilize the existing natural
topography for locating slides and pathways.
This amenity is the largest of the two proposed
playgrounds in the park and will be accompanied by
an adjacent picnic area with accessible picnic tables.
Upgraded Amphitheater and Stage
The existing amphitheater and stage are highly used
amenities in Memorial Park, frequently hosting
concerts and theatrical performances. As part of this
final concept plan, the amphitheater will be expanded
in size and will receive upgrades to seating, stairs, and pathways to enhance accessibility. The amphitheater
and stage will feature new shade structures to extend
usage during hot and sunny days, new surfacing,
and technological enhancements that will expand
entertainment opportunities. The existing hill behind
the amphitheater seating will continue to offer
additional informal seating options for viewers.
Image 4-6: All-Abilities Playground
Image 4-7: All-Abilities Playground
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Park Concept 47
Figure 4-6: Final Concept - Zone B
1 All-Abilities Playground
2 Upgraded Amphitheater and Stage
3 Historic Gazebo
4 Event Lawn
5 Veterans Memorial
6 Seating / Picnic Area
7 Upgraded Parking Lot
8 New Restroom
Anton Way
KEY MAP
B
2 7
3 4
6 6
6 6
5 1
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48 Memorial Park Specific Plan
Historic Gazebo
As discussed in Chapter 2, the existing gazebo is
identified as a historic site in the General Plan. While there will be no alterations to the historic gazebo’s
structure, the planting area along its border will
be refreshed and its paved platform area will be
resurfaced. The paved area will feature several picnic
tables for drop-in use. The gentle improvements to
this cultural amenity are expected to increase its
aesthetic character, celebrate its history, and increase visitation as a key destination in the park.
Event Lawn
This additional event lawn provides extra flat and
open space for picnics, lounging, and playing
games. Crowds can spill over into this area, which
is expected to occur during large events at the
amphitheater. The proposed event lawn is flexible
and can accommodate a variety of uses (Figure 4-7).
Figure 4-7: Photosimulation of the Event Lawn
Image 4-8: Event Lawn
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Park Concept 49
Veterans Memorial
Similar to the historic gazebo, the Veterans Memorial
will be preserved in its existing condition. The
memorial will feature minor adjustments to the
existing surrounding topography. The brick pavers
featured in the Veterans Memorial have inscribed
messages that will continue to be maintained. This
cultural amenity will continue to accommodate
quiet moments of reflection for visitors, the annual
Veterans Day Ceremony, and other community
events and gatherings for many years to come.
Seating / Picnic Area
Additional seating opportunities are proposed
at several key locations in this portion of the
park. Benches, picnic tables, and seat walls are
recommended to improve visitor comfort and
accessibility. Where feasible, these areas may be
accompanied by educational signage highlighting
landscape and garden elements.
Upgraded Parking Lot
The final concept plan recommends resurfacing
and restriping this parking lot. An asphalt concrete
overlay will follow minor adjustments to the parking
lot planting areas to accommodate a widened
pedestrian and bicycle multi-use path. While the
locations of the parking lot stalls will shift, the overall number of stalls available to visitors will not change.
New Restroom
A small restroom structure will provide convenient
access to bathroom stalls, drinking fountains, and
park storage for the adjacent amenities and uses.
Image 4-9: Seating Opportunities
Image 4-10: New Restroom
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50 Memorial Park Specific Plan
Site Elements - Zone C
Event Plaza
The new event plaza offers additional opportunities
for small to medium-sized gatherings. It bridges the
proposed event lawn areas, allowing for overflow
during highly-attended events. This public space
serves as a primary entry into the park, conveniently
located adjacent to a parking lot as well as the
pedestrian entrance accessible from the Alves
Drive sidewalk. The event plaza features decorative
pavement colors and textures, creating a distinctive
pedestrian experience while also allowing a key point
of access for emergency vehicles. A grid arrangement
of trees, with seating elements under the canopy,
provide a shady spot for park visitors to enjoy. The
event plaza is expected to be a heavily-used park
amenity and destination given its convenient location
and aesthetic characteristics (Figure 4-8).
Figure 4-8: Photosimulation of the Event Plaza
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Park Concept 51
1 Event Plaza
2 Existing Softball Field / DOLA
3 Reservable Picnic Area
4 Basketball Court
5 Dedicated Tennis Courts
6 Upgraded Spectator Seating
7 Upgraded Restroom
Christensen Drive
KEY MAP
C
2 6
7 6 5
3 4
1 Figure 4-9: Final Concept - Zone C
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52 Memorial Park Specific Plan
Softball Field / DOLA
Memorial Park features a high quality lighted softball
field with a scoreboard that attracts visitors from
across the South Bay region. This amenity has field
preparation services (such as dragging, watering,
chalking, and bases) made available through the
Parks and Recreation Department reservation system.
The final concept plan recommends that this amenity
serve a double purpose as a dog off-leash area
(DOLA) when not in use for softball during regular
hours of park operation. At present, the softball field is informally used by dog owners. Formalizing this
existing usage would improve safety and mitigate
potential conflicts, such as spillover from the adjacent all-abilities playground interfacing with off-leash
dogs. Improvements to accommodate this usage
include closing the gaps in the fencing to enclose the
area, as well as new site elements such as drinking
fountains with pet bowls, trash receptacles, and
additional bag dispensers to supplement the existing
ones placed strategically throughout the park. The
final concept plan recommends modernizing the
existing field lighting and control system, as well as
annual inspection and maintenance of the system, to
ensure this amenity remains safe during evening use.
The softball field will remain as a reservable amenity
that continues to host organized league events
given its high quality condition and functionality.
In addition to the proposed upgrades to the
lighting system, the final concept plan recommends
enhancements to the spectator seating area and
adjacent restroom facilities, as well as adjustments
to the topography and plantings of the bermed area
behind the spectator seating to further enhance the
visitor experience.
Reservable Picnic Area
The picnic area adjacent to the Quinlan event lawn
will be expanded in size. As the largest and only
reservable picnic area in the park, this amenity is
used for celebrations and gatherings such as birthday
parties, family reunions, community cookouts, and
more. The ample counter space, electricity outlets,
and trash/recycle/compost receptacles establish this
area as a valuable community resource. The existing
sinks, barbeques, seating elements, and concrete
surfacing will be upgraded to ensure that this space
continues to facilitate safe and convenient food
preparation and cleanup for large groups.
The reservable picnic area will be further improved
by the addition of two new shade structures to extend
usage on hot and sunny days. The existing terraced
stairs on the eastern side of the picnic area, sloping
downwards to the Quinlan event lawn, functions
as an informal stage. This feature will be expanded
and improved to further accommodate events and
community gatherings.
Image 4-11: Softball Field (Existing)
Image 4-12: Reservable Picnic Area with Shade
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Park Concept 53
Basketball Court
A full-size basketball court, available for drop-in
use, will accompany the other sports opportunities
in this portion of the park. The court is also adjacent to the reservable picnic area and event plaza. Given
the adjacency to the cell tower and transformers, the
court’s location preserves maintenance access, and is
compatible with the adjacent softball use.
The court will be 84 feet by 50 feet, which is the
standard dimension for high school and middle
school games. It will feature lighting for evening use
and seat walls along the sides of the court for players and spectators. The existing berms provide casual
seating opportunities, partially shaded by existing
trees, to supplement the seating opportunities in the
event plaza.
Dedicated Tennis Courts
One of the six existing lighted tennis courts has dual
striping for pickleball, providing four pickleball
spaces within one tennis court. As part of the park’s
design plan, the pickleball usage will be moved to
dedicated courts in the southeastern portion of the
park, and the dual striping will be removed. Aside
from updates to the striping, the tennis courts
are in good condition and will not receive direct
improvements.
While the tennis courts are first come, first served,
this area can host several simultaneous games and
is therefore used for casual tournaments organized
informally by community members. The tennis
courts are expected to continue to host casual
tournaments given their high quality condition,
existing lighting, and nearby restroom facilities. The
bermed area to the west of the courts will remain,
with minor improvements to the topography, as well
as enhancements to the spectator seating area.
Upgraded Spectator Seating
Both the tennis courts and the softball fields are
accompanied by concrete and brick terraced seat
walls serving as an opportunity for spectator
viewing. While not currently accessible, the final
concept plan recommends upgrades to the existing
spectator seating to allow for free and full access to
the amenity for visitors of all ability levels.
Upgraded Restroom
The existing restroom nestled under the tennis
court spectator seating will be renovated to provide
features that are compliant with the Americans with
Disabilities Act (ADA). These crucial upgrades will
enhance the visitor experience and ensure safety for
all park users. This restroom is expected to be a key
amenity for tournaments and organized sports events
held at the tennis courts and softball field, as well as large events in other areas such as the Quinlan event
lawn.
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54 Memorial Park Specific Plan
Site Elements - Zone D
Quinlan Courtyard
The Quinlan Community Center is a very active
hub of the City. This facility frequently hosts events
organized by the City as well as local organizations
and residents. The Quinlan courtyard is frequently
used as an outdoor component of events occurring
inside the building’s lobby, such as the annual
Community Tree Lighting in December.
The final concept plan recommends extending the
paved area of the courtyard. This extension allows
additional space for a variety of seating opportunities, and will allow the courtyard to accommodate a larger
number of guests and types of activities. The shade
canopy will be enhanced with new trees and shade
structure.
The final concept plan does not recommend alterations
to the building itself or its attached outdoor small
play area and seating node. However, the park design
includes landscape improvements around the edges
of the building and within the parking lots. The trees
in the landscape islands within the parking lot will
be replaced in compliance with the arborist report’s
classification of these trees as having a low suitability for preservation.
Quinlan Event Lawn
The Quinlan event lawn is a popular location for
large community events. At approximately 50,000
square feet, this amenity can also accommodate
regional events such as the Bay Area Diwali Festival
of Lights. This large multi-use lawn also provides
space for spillover from events occurring at the
Quinlan Community Center and its courtyard.
The existing looped pathway around the Quinlan
event lawn is a popular walking route for visitors. At
present, the eastern side of the loop travels through
the Quinlan courtyard. As a result, passive uses
such as strolling or dog walking can conflict with
other uses such as an active celebration or a solemn
ceremony taking place in the courtyard.
The final concept plan recommends an additional
pathway along the eastern side of the Quinlan
event lawn, located west of the retaining wall and
linear arrangement of trees that visually separate
the amenities. This allows pedestrians to complete
the loop without encroaching on events or being
hindered by a crowd. The proposed pathway runs
alongside the existing retaining wall, providing
access to informal seating. The wall is shaded under a
row of existing Purpleleaf Plum trees that offer a pop
of color in the spring, as well as a proposed additional row of Purpleleaf Plum trees, discussed further in the
Trees and Landscaping section.
Image 4-14: Quinlan Courtyard as Event Space Image 4-13: Event Lawn ■
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Park Concept 55
1 Quinlan Courtyard
2 Quinlan Event Lawn
3 Perimeter Seating
4 Upgraded Parking Lots
Alves Drive
Christensen Drive
Quinlan
Community
Center
KEY MAP
D
2 4
3 3 4
1 Figure 4-10: Final Concept - Zone D
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56 Memorial Park Specific Plan
Perimeter Seating
Seating elements are recommended along the
perimeter pathway that loops around the Quinlan
event lawn. The proposed tree canopy lining the
pathway will provide shade for visitors stopping
to rest while traveling through the park’s extensive
pedestrian network. The additional seating
opportunities are ideal for observing activities taking place on the Quinlan event lawn.
Upgraded Parking Lots
The existing parking lot along Alves Drive will be
enhanced to improve circulation and accessibility to
and within Memorial Park. The parking lot presently
has one entrance at the center of its frontage with
Alves Drive, resulting in congestion during peak
visitation times. The park design proposes two points
of egress on the west and east sides of the parking lot.
This layout is expected to relieve congestion during
events and improve pick-up and drop-off circulation.
Lastly, this parking lot will be resurfaced and
restriped to ensure safety and ease of use. The total
number of parking stalls will not change (50). The
number of accessible will increase from two to four,
which will be evenly split between the northwestern
and northeastern corners of the lot.
The final concept plan proposes minor landscaping
improvements to the Quinlan Community Center
parking lot planting areas, resurfacing, and restriping. ■
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Park Concept 57
Image 4-15: Quinlan Courtyard
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58 Memorial Park Specific Plan
Festivals and Events
The final concept plan recommends accommodations
for festivals, events, and other community gatherings
that are expected to be held at Memorial Park for
many years to come. During the design process,
potential event space was studied and prioritized,
to ensure that present and future events can be held
safely in the park.
Figure 4-11 shows the regions of the park that are
intended to host large gatherings, while the other
areas are intended for individual enjoyment or small
to medium group activities. The figure also shows the
main promenade and primary pedestrian circulation
routes, which conveniently connect all large event
spaces. The festival and event areas are intended for
performances, concerts, speeches, cultural festivals,
public celebrations, civic events, and other gatherings that may include food and merchandise vendors or
temporary structures like stages and canopies.
These open lawn areas are highly adaptable
to different uses. When not hosting events, the
festival and event areas could be used for lounging,
picnicking, sunbathing, meditation, photography,
painting, reading, and other forms of passive
recreation. These areas could also be used for active
recreation activities such as playing frisbee or catch, having a race, flying kites, yoga and stretching, and
other athletic or team-building outdoor activities.
The Parking Study conducted for the Memorial
Park Specific Plan observed parking capacity levels
during the 2022 Bay Area Diwali Festival of Lights.
The analysis found that existing on-street and offstreet parking available to visitors was adequate, even during peak periods of the event (Appendix A).
The analysis also noted that De Anza College to the
south of the park is occasionally used for overflow
parking during large events. This partnership with
the neighboring college ensures that Memorial Park
will continue to host large-scale community and
regional events that are safe and easy to navigate to.
Image 4-16: Amphitheater (Existing)
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Park Concept 59
100’0 200’
Festivals and Events Area Main Promenade
Primary Pedestrian Circulation
Arrival Node
Cupertino
Senior Center
Stevens Creek Boulevard
Anton Way
Mary Avenue
Alves Drive
North Stelling Road
Christensen Drive
Quinlan
Community
Center
Figure 4-11: Festivals and Event Areas
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60 Memorial Park Specific Plan
Site Circulation
The final concept plan considers improvements to
pedestrian, bicycle, and vehicle circulation to and
within the park.
Pedestrian
The park design features a strategic network of multiuse paths to provide an enjoyable walking experience.
Figure 4-14 shows the proposed pedestrian circulation
network, including the main promenade as well as the
primary and secondary pedestrian circulation routes.
The hierarchy of pathways relates to the width of the
path and the expected level of foot traffic. Pathways
vary from 6 to 12 feet and may consist of concrete or
pavers. Several arrival nodes, such as the event plaza, facilitate enjoyable arrival experiences that are key to guide visitor circulation and wayfinding.
The pathway network provides an accessible and
direct connection to all park amenities, while also
offering a meandering option for visitors desiring a
prolonged walking experience. A raised crosswalk
with high-visibility striping is recommended
to replace the existing speed bump north of the
Cupertino Senior Center parking lot. Raised
crosswalks are flush with the height of the sidewalk
to enhance the pedestrian experience, particularly
for visitors with mobility devices. This feature also
acts as a speed table for vehicular traffic calming and improving the visibility of pedestrians to reduce the
risk of potential collisions.
Bicycle
Key components of the final concept plan are the
proposed bicycle enhancements. New bicycle paths
in Memorial Park would provide critical connections
between segments of the existing and proposed Citywide bicycle network.
Two types of bicycle paths are proposed in the
final concept plan: a Class I, 20-foot-wide bicycle/
pedestrian separated path running west to east and a
Class II 12-foot-wide bicycle/pedestrian shared path
running north to south. The 20-foot separated path
would consist of an 8-foot dedicated bicycle lane on
the north side of the path and a 12-foot dedicated
pedestrian lane on the south side, with crosswalk
striping at all pathway intersections. The 12-foot
shared path would include 1-foot shoulders on each
side of the path. Bollards, signage, striping, and other measures would be included in these multi-use paths
to improve safety and reduce potential collisions.
Figure 4-14 notes the primary bicycle entrances and
critical intersections while Figures 4-12 and 4-13 show key locations for safety striping and signage. Figure
4-13 further highlights how the raised crosswalk
serves as a key connection to the Mary Avenue
bikeway via bicycle lanes along the Cupertino Senior
Center entrance road. Bicycle racks are recommended
along multi-use paths and at park entrances, as well
as signage recommending dismount along nonbicycle routes.
Raised Crosswalk
Striping & Signage
Striping & Signage
1 2
Figure 4-12: Enlargement of Critical Intersection (1)
Figure 4-13: Enlargement of Critical Intersection (2)
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Park Concept 61
100’0 200’
Cupertino
Senior Center
Stevens Creek Boulevard
Anton Way
Mary Avenue
North Stelling Road
Quinlan
Community
Center
Alves Drive
Christensen Drive
Main Promenade
Primary Pedestrian Circulation
Secondary Pedestrian Circulation
Existing Sidewalk
Pedestrian Entrance
Bike/Ped Separated 20’ Path
Bike/Ped Shared 12’ Path
Planned Bicycle Network
Existing Bicycle Network
Bicycle Entrance
Arrival Node
Critical Intersection
2 1
Figure 4-14: Pedestrian and Bicycle Circulation
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62 Memorial Park Specific Plan
Vehicle
Figure 4-15 shows vehicular access improvements
to Memorial Park as part of the final concept design.
While there is no vehicle circulation for visitors
inside the park, access points and circulation routes
for maintenance and emergency vehicles were
prioritized in the design.
Emergency Access
Well-planned emergency vehicle access requires
careful consideration of pathways and infrastructure
to accommodate the size and weight of ambulances,
fire engines, and other first responders. Access points, as well a turnaround area, were strategically placed
in the final concept plan to ensure the safety and
wellbeing of visitors and staff. These considerations
allow emergency vehicles to navigate the park
efficiently, especially during events with large crowds, stages, outdoor furniture, and other temporary
event-related structures. Careful emergency access
planning also preserves natural areas of the park that
may provide habitat to the local ecosystem.
The event plaza adjacent to the basketball court is a
key location for entry and turnaround of emergency
vehicles. Aesthetic pavement colors and textures are
recommended to accommodate the weight of the
vehicles while maintaining an attractive public space.
Maintenance Access
Maintenance vehicles can also utilize emergency
vehicle access points for regular park maintenance
such as landscaping and trash removal, as well as
upkeep of restrooms, pathways, playgrounds, picnic
areas, and other amenities. A new maintenance
access point is proposed along Anton Way north of
the pickleball courts. This 15-foot pathway allows for
City vehicles to safely enter the park for operational
inspections, event preparation, and other activities to ensure Memorial Park remains safe, attractive, and
functional.
Parking
The Parking Study conducted for the Memorial Park
Specific Plan (Appendix A) found that the existing
parking facilities are generally sufficient for day-today and festival use. The final concept plan improves the quality of the existing parking lots while adding
several unrestricted parking stalls for visitor
convenience. These improvements are intended to
enhance the arrival experience while alleviating
congestion during peak visitation periods.
All parking lots in Memorial Park, as well as
the roundabout adjacent to the softball field, are
recommended for resurfacing with a new layer of
asphalt concrete with subsequent restriping and
ADA-compliant curb ramps. In the Cupertino Senior
Center parking lot, new plantings are recommended
in the center island and the adjacent planting areas. In the rectangular lots directly north, renovations to the planting areas and curbs would shift stall locations.
Specifically, the planting areas adjacent to the
existing speed bump would be widened while those
to the north would become smaller. The existing trees
would be replaced, as supported by the tree analysis
conducted for this Specific Plan. The total number of
parking stalls in this area will not change with the
proposed improvements.
The existing parking lot along Alves Drive has a
singular access point while the final concept plan
proposes two access points to alleviate congestion.
While the overall number of parking stalls would
not change, the number of accessible stalls would
increase from two to four.
The parking lot for the Quinlan Community Center is
recommended for landscaping improvements to the
parking islands, specifically replacing the existing
trees that were identified as having low suitability
for preservation.
Lastly, the final concept plan recommends nine
parallel parking stalls along Anton Way adjacent to
the pickleball courts. One accessible stall and eight
unrestricted stalls would provide a convenient
parking option for the southeast portion of the park.
As recommended in the parking study, other
improvements may include supplemental wayfinding
signs that clarify time and/or permit restrictions while directing visitors to additional parking facilities in
the park.
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Park Concept 63
100’0 200’
Cupertino
Senior Center
Stevens Creek Boulevard
Mary Avenue
Alves Drive
North Stelling Road
Christensen Drive
Quinlan
Community
Center
Anton Way
Public Vehicle Access
Emergency/Maintenance Vehicle Access
Emergency Vehicle Turnaround
Parking Areas and Drive Aisles
Accessible Stall (Proposed)
Accessible Stall (Existing)
Figure 4-15: Vehicle Circulation
>
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64 Memorial Park Specific Plan
Trees and Landscape
The final concept recommends new planting areas,
lawn areas, and trees. These landscaping elements
aim to create a peaceful natural setting that provides
shade, visual interest, and a cohesive aesthetic theme.
Landscape Zones
Lawn
As discussed previously, portions of the repurposed
pond were recently converted to lawn area. The
final concept plan proposes to shape the lawn areas
strategically around the proposed and existing
park amenities, complementing park features and
providing room for events and passive enjoyment.
The final concept plan proposes multi-use lawn space
north of the passive garden walk and in the area
surrounding the amphitheater, stage, and historic
gazebo. The grass outfield of the softball field will be preserved. The Quinlan event lawn will be slightly
reduced in size to accommodate the improvements
to the perimeter, but overall will be preserved as
an inviting park amenity and valuable community
resource.
Planting Areas
Portions of the repurposed pond area and other nonlandscaped zones are recommended for conversion to planting areas. Planting areas will prioritize native and climate-adapted species that have minimal
maintenance and irrigation requirements. The
landscaping should elevate the overall quality of the
park by framing and softening the look of structures,
delineating site functions, and providing screening
and buffering from adjacent uses to ensure a visually
appealing landscape design.
Remaining areas not suitable for planting or
lawn conversion will be mulched. Natural mulch,
typically consisting of organic wood chips, protects
soil from erosion, suppresses weeds, and moderates
temperature extremes.
Trees
Preserved Trees
Approximately 71% of the trees found at Memorial
Park are preserved in the final concept plan. Figure
4-16 shows the existing trees to remain, all of which
were identified as having moderate or high suitability
for preservation in the Tree Inventory Report
(Appendix B). High suitability trees are defined as
trees with good health and structural stability that
have the potential for longevity at the site. Moderate
suitability trees are defined as trees with somewhat
declining health and/or structural defects that can
be abated with treatment. The tree will require more
intense management and monitoring, and may have
a shorter life span than those in the “high” category.
Of the 32 Japanese Flowering Cherry trees identified
in the park, 17 will remain in place. Seven of the
cherry trees will be relocated strategically, including five trees in the southeastern corner that will shift
towards the park sign’s new location along Stevens
Creek Boulevard, as well as the two Sister City cherry
trees and their plaques that will shift to the historic gazebo area. Eight of the cherry trees will be removed
due to their classification of having low suitability for preservation.
All Red Maple trees surrounding the Veterans
Memorial will remain in place, as well as the
Purpleleaf Plum trees that frame the Quinlan
courtyard. The existing Coast Live Oaks along
Stevens Creek Boulevard by the Cupertino Senior
Center will be preserved in alignment with the Heart
of the City Specific Plan, which recommends that
this travel corridor feature informal arrangements of
native trees (specifically Coast Live Oaks). The large
Coast Live Oak that greets visitors entering from
Mary Avenue would be preserved as well.
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Park Concept 65
Ash Fraxinus spp.
Chinese Elm Ulmus parvifolia
Chinese Pistache Pistacia chinensis
Coast Redwood Sequoia sempervierns
Japanese Flowering Cherry Prunus serrulata
Japanese Zelk Zelkova serrata
Oak Quercus spp.
Pine Pinus spp.
Purpleleaf Plum Prunus cerasifera
Red Maple Acer rubrum
Sycamore Platanus spp.
Other
Relocated
Memorial
100’0 200’
Cupertino
Senior Center
Stevens Creek Boulevard
Anton Way
Mary Avenue
Alves Drive
North Stelling Road
Christensen Drive
Quinlan
Community
Center
Figure 4-16: Proposed Tree Preservation
~
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66 Memorial Park Specific Plan
Proposed Tree Removals
With the implementation of the Memorial Park
Specific Plan, approximately 30% of the trees in the
park would be planned for removal (Figure 4-17).
Of these trees, approximately 60% were identified
as having low suitability for preservation. Low
suitability trees are defined as trees in poor health
or with significant structural defects that cannot
be mitigated. These trees are expected to continue
to decline in health regardless of treatment. The
species or individual tree may have undesirable
characteristics for the park landscape and/or the tree
is generally unsuited for this area. Many of these low
suitability trees would be replaced with a new and
healthier tree better suited for the region and park
aesthetic.
The remaining trees would be removed to build
new park amenities such as the pickleball courts
and playgrounds, representing less than 15% of all
moderate and high suitability trees in the park. Only
nine trees that were found to have a high suitability
for preservation would be removed as part of the final
concept plan, which are related to the passive garden
walk, the pickleball courts, parking lot upgrades, and
one of the new restroom buildings.
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Park Concept 67
Black Walnut Juglans hindsii
Callery Pear Pyrus calleryana
Chinese Pistache Pistacia chinensis
Coast Redwood Sequoia sempervierns
Hollywood Juniper Juniperus chinensis
Honey Locust Gleditsia triacanthos
Japanese Flowering Cherry Prunus serrulata
Japanese Zelk Zelkova serrata
Oak Quercus spp.
Pine Pinus spp.
Sycamore Platanus spp.
Other
Low Suitability
for Preservation
Removal for
Park Element
100’0 200’
Cupertino
Senior Center
Stevens Creek Boulevard
Anton Way
Mary Avenue
Alves Drive
North Stelling Road
Christensen Drive
Quinlan
Community
Center
Figure 4-17: Proposed Tree Removals
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68 Memorial Park Specific Plan
Proposed Trees
The final concept plan proposes a variety of options
for new trees at Memorial Park. These trees were
placed strategically throughout the site, intending
to provide shading, screening, buffering, or visual
interest.
Figure 4-18 shows the locations of the proposed trees
and their categories, outlined below in Table 4-1 to
Table 4-3.
Playground Tree
Common Name Scientific Name Maximum
Height (ft)
Canopy
Spread (ft) WUCOLS General Characteristics
Coast Live Oak Pinus canariensis 80 20 - 35 Low Evergreen, Columnar or Conical
Crape Myrtle Lagerstroemia spp. 20 - 30 15 - 30 Low Deciduous, Rounded Drake Chinese Elm Ulmus parvifolia ‘Drake’ 45 35 - 50 Low Deciduous, Rounded London Plane Tree Platanus x hispanica 80 50 - 70 Moderate Deciduous, Tough Table 4-1: Proposed Tree Palette
Accent Tree
Common Name Scientific Name Maximum
Height (ft)
Canopy
Spread (ft) WUCOLS General Characteristics
Armstrong Red
Maple Acer rubrum ‘Armstrong’ 60 15 - 25 Moderate Deciduous, Columnar Littleleaf Linden Tilia cordata 50 15 - 30 Moderate Deciduous, Rounded or Conical
Purple Leaf Plum* Prunus cerasifera 25 15 - 20 Moderate Deciduous, Rounded Red Oak Quercus rubra 80 50 - 70 Moderate Deciduous, Rounded Sour Gum Nyssa sylvatica 50 20 - 30 Moderate Deciduous, Rounded or Conical
* For Quinlan Community Center Courtyard only
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Park Concept 69
Specimen Tree
Playground Tree
Passive Garden Tree
Parking Lot Tree
Plaza Tree
Screen Tree
Accent Tree
Allee Tree
Buffer Tree
Lawn
Planting Area
Existing Tree to Remain
Cupertino
Senior Center
Stevens Creek Boulevard
Anton Way
Mary Avenue
Alves Drive
North Stelling Road
Christensen Drive
Quinlan
Community
Center
Figure 4-18: Proposed Trees and Landscaping
100’0 200’
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70 Memorial Park Specific Plan
Buffer Tree
Common Name Scientific Name Maximum
Height (ft)
Canopy
Spread (ft) WUCOLS General Characteristics
Canary Island Pine Pinus canariensis 80 20 - 35 Low Evergreen, Columnar or Conical
Coast Live Oak Quercus agrifolia 70 30 - 70 Low Evergreen, Rounded Deodar Cedar Cedrus deodora 60 20 - 30 Moderate Evergreen Incense Cedar Calocedrus decurrens 90 10 - 15 Moderate Evergreen, Conical Parking Lot Trees
Common Name Scientific Name Maximum
Height (ft)
Canopy
Spread (ft) WUCOLS General Characteristics
Chinese Flame Elm Koelruteria bipinnatat 40 15 - 30 Moderate Deciduous, Rounded or Vase
Island Oak Quercus tomentella 50 25 - 40 Low Evergreen, Rounded, Moderate Growth Rate
Netleaf Oak Quercus rugosa 60 20 - 40 Low Evergreen, Oval/Round Topped, Slow Growing
Southern Live Oak Quercus virginiana 70 60 - 100 Moderate Deciduous, Rounded Specimen Tree
Common Name Scientific Name Maximum
Height (ft)
Canopy
Spread (ft) WUCOLS General Characteristics
Cork Oak Quercus suber 70 70 Low Evergreen, Rounded
Sawtooth Zelkova Zelkova serrata 70 50 - 65 Moderate Deciduous, Rounded, Moderate to Fast Growing
Silk Tree Albizia julibrissin 35 20 Low Deciduous, Rounded or Vase, Fast Growing
Plaza Tree
Common Name Scientific Name Maximum
Height (ft)
Canopy
Spread (ft) WUCOLS General Characteristics
Emerald Sunshine
Elm
Ulmus davidiana var.
japonica ‘Emerald
Sunshine’
35 15 - 25 Moderate Deciduous, Rounded or
Vase, Fast Growing
Sawleaf Zelkova Zelkova serrata 70 50 - 65 Moderate Deciduous, Rounded, Moderate to Fast Growing
Table 4-2: Proposed Tree Palette (continued)
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Park Concept 71
Allee Tree
Common Name Scientific Name Maximum
Height (ft)
Canopy
Spread (ft) WUCOLS General Characteristics
Columbia London
Plane Tree
Platanus x hispanica
‘Columbia’ 80 30 Moderate Deciduous, Conical
Frontier Chinese Elm Ulmus parvifolia ‘Frontier’ 30 20 Low Evergreen, Rounded/ Weeping
Maidenhair Tree Ginkgo biloba 70 25 Moderate Deciduous, Conical Pin Oak Quercus palustris 70 30 - 40 Moderate Deciduous, Conical Screen Tree
Common Name Scientific Name Maximum
Height (ft)
Canopy
Spread (ft) WUCOLS General Characteristics
African Fern Pine Afrocarpus falcatus 70 10 - 20 Moderate Evergreen, Rounded Kohuhu Pittosporum tenufolium 30 6 - 15 Moderate Evergreen, Conical or Rounded
Marina Madrone Arbutus marina 40 30 Low Evergreen, Rounded Saratoga Laurel Laurus ‘Saratoga’ 40 15 - 30 Low Evergreen, Conical or Rounded
Passive Garden Tree
Common Name Scientific Name Maximum
Height (ft)
Canopy
Spread (ft) WUCOLS General Characteristics
Bigleaf Maple Acer macrophyllum 80 30 - 50 Moderate Deciduous, Rounded Coast Live Oak Quercus agrifolia 70 30 - 70 Low Evergreen, Rounded Coast Silktassel Garrya elliptica 15 8 - 12 Low Evergreen, Rounded Valley Oak Quercus lobata 70 50 Low Deciduous, Rounded
Western Redbud Cercis occidentalis 25 10 - 20 Low Deciduous, Rounded Table 4-3: Proposed Tree Palette (continued)
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Implementation 73
Implementation
Chapter 5
Implementation 73
Chapter 5
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Phasing
The phasing process divides the overall project into
distinct, manageable stages for implementation.
Phasing ensures that the project remains adaptable,
manageable, and achievable while providing
tangible benefits to the community throughout the
construction process.
The order and magnitude of construction phases is
determined by the City of Cupertino based on several
factors, including the availability of funds and overall priorities. Once funds are available to implement the
design, careful attention should be given to how park
elements are connected throughout the planning and
construction phases.
Depending on the sequencing of construction,
delaying certain improvements to a later phase
may result in rebuilding, removing, or reworking
certain improvements built in earlier phases. Careful
consideration of the sequencing of construction must
be made to minimize inflation of cost. It is strongly
recommended to revisit the phasing strategy as
construction documents are prepared.
The recommended phasing strategy for the Memorial
Park Specific Plan is to be used for planning purposes
and may change based on funding, community
needs, and site conditions.
The Memorial Park Specific Plan recommends three
implementation phases, as shown in Figure 5-1.
The phases are staggered in order of the prioritized
amenities by the community. Additionally, each
phase is provided a suggested timeline. Phase 1
can be completed in 0 to 5 years, Phase 2 in 6 to 10
years, and Phase 3 in 11 to 15 years. All phasing and
timelines are dependent upon available funding.
Phase 1
Phase 1 includes improvements and new amenities
that were deemed high priority by the community.
The construction time for this phase is 1 to 5 years.
Phase 1A
This initial phase focuses on the construction of
the western edge. This area establishes the main
circulation through the site, most critically the bicycle circulation routes that were identified in the 2016
Bicycle Transportation Plan. Improvements to this
area include:
• Enhanced pedestrian and bicycle access
• All-abilities playground
• Restrooms
• Upgraded parking lot
• Improved topography around the Veterans
Memorial
• Improved emergency vehicle access
Phase 1B
This secondary phase shifts focus to the southern
edge of the park located on Stevens Creek Boulevard
and across from De Anza College. In this area, active
and passive recreation intermingle to create a multiuse, multi-generational space. Improvements to this area include:
• New site arrival
• New parking lot
• Upgraded restrooms
• Passive garden walk
• Pickleball courts
• Expanded Senior Center deck
• Fitness stations
• Bocce court
• Reservable picnic area
• Nature playground
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Phase 2
Phase 2A
Phase 2A enhances the smaller event space located in
the middle of Memorial Park. This phase includes the
following improvements:
• Extended and upgraded amphitheater and stage
• Updated picnic area by the historic gazebo
• Enhanced open lawn space for small events
Phase 2B
Phase 2B focus on improvements to the active
social area in the northwest corner of the park.
Improvements to this area include:
• New enhanced arrival
• Reserverable picnic area
• Development of a full-size basketball court
• Enhanced softball field
• Enhanced tennis courts
• Upgraded restrooms
Phase 2C
Phase 2C improves the larger and main event space at
Memorial Park. This area sits adjacent to the softball
field and Quinlan Community Center. Improvements
in this phase include:
• Enhanced event lawn space
• Upgraded Quinlan courtyard
• Upgraded parking lot
Phase 3
Phase 3, the final phase, focuses improvements on
general enhancements around the Cupertino Senior
Center and Quinlan Community Center and in their
adjoining parking lots. These improvements were of
low priority and include upgrades to the landscape
and hardscape to better enhance visitor experience.
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Phase 1A
Phase 1B
Phase 2A
Phase 3
Phase 3
Phase 2B Phase 2C
Stevens Creek Boulevard
Anton Way
Mary Avenue
Alves Drive
North Stelling Road
Christensen Drive
Figure 5-1: Phasing Plan
100’0 200’
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Costs
For each construction phase, a budget range was
established. Cost data for materials and labor were
referenced from recently constructed public parks
and recent bids from contractors. These referenced
projects reflect a similar marketplace, size, and scope.
Current pricing information from suppliers for
materials and furnishings were gathered as a source of
information along with recent trends in construction
costs. All costs established within the Specific Plan
are calculated and adjusted to January 2024 price
index factors. An annual compound escalation rate
of 5% should be added per year from January 2024
to identify the total project cost. The escalation rate should be verified against the current Engineering
News Record (ENR) for current escalation trends.
The Memorial Park Specific Plan proposes a conceptual
level of design with a total project cost that includes typical industry breakdowns for direct construction
(hard costs) and administration and permitting costs
(soft costs). The project hard costs are generated
based on the conceptual design, construction, and
equipment procurement. Soft costs are based on the
total hard costs amount. The purpose of these soft
costs is to address contingencies, unknown design
factors, design and engineering, permitting, and
administration. The cost estimate assumes the project
will be competitively bid on a fixed fee cost basis and assumes construction labor costs will be subject to
prevailing wages.
Phase Subtotal
Phase 1A $20,312,626
Phase 1B $17,275,643
Phase 2A $11,892,443
Phase 2B $17,244,618
Phase 2C $12,549,359
Phase 3 $4,399,489
Total Project Cost: $83,674,178
Table 5-1: Total Project Cost Estimate
The cost for developing the final concept plan in
its entirety is estimated to be approximately $83.7
million. Though the possibility exists that the cost
of construction could come down, it is expected that
costs will increase based on inflation rates and other
market conditions. Delaying implementation of the
plan may result in an increase in construction costs
above this estimate.
Maintenance costs could include servicing the
restrooms, lighting, furnishings, and landscape, as
well as other maintenance tasks such as trash removal
or the periodic compaction of the bocce court.
For budgeting and planning purposes, the Memorial
Park Specific Plan breaks out the cost estimate by
each construction phase (Table 5-1).
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COST ESTIMATE - Phase 1A
Recommendation Quantity Unit Unit Cost Subtotal
1 Tree Protection 100 EA $1,500 $150,000
2 Tree Demolition 17 EA $2,500 $42,500
3 Erosion Control 1 LS $52,500 $52,500
4 Traffic Control 1 LS $30,000 $30,000
5 Construction Surveying 1 LS $90,000 $90,000
6 Site Preparation and Demolition 150,000 SF $3 $450,000 7 Site Utilities (Domestic Water, Sanitary Sewer, Storm Drain) 1 LS $500,000 $500,000 8 Site Grading 150,000 SF $6 $900,000
9 Stormwater Retention Area 1 LS $75,000 $75,000
10 Site Electrical and Lighting 1 LS $200,000 $200,000
11 Parking Lot and Drive Aisle 35,000 SF $28 $980,000
12 Multi-Use Paths 50,000 SF $30 $1,500,000
13 Planting and Irrigation 40,000 SF $18 $720,000
14 New Trees 1 LS $40,000 $40,000
15 Relocated Trees 2 EA $2,500 $5,000
16 Picnic Areas and Site Furnishings 1 LS $150,000 $150,00 17 All-Abilities Playground (Resilient Surfacing, Play Structures, Seat Walls) 1 LS $5,000,000 $5,000,000 18 New Restrooms 1 EA $900,000 $900,000
19 Upgraded Restroom 1 LS $500,000 $500,000
20 Perimeter Conform 34,000 SF $15 $510,000
Direct Construction Cost (Subtotal) $11,785,000
21 Construction Contingency (10%) $1,178,500
22 Mobilization and General Condition (10.5%) $1,237,425 23 Bonding (1.5%) $176,775
24 Insurance (2%) $235,700
Direct Construction Cost (Total) $14,613,400
25 Design and Unknown Factor Contingency (30%) $4,384,020 26 Design and Engineering (7%) $1,022,938
27 Permits and Fees (1%) $146,134
28 City Administration Fee (1%) $146,134
Total Administration and Permitting Cost $5,699,226
TOTAL PROJECT COST $20,312,626
Table 5-2: Phase 1A Cost Estimate
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COST ESTIMATE - Phase 1B
Recommendation Quantity Unit Unit Cost Subtotal
1 Tree Protection 33 EA $1,500 $49,500
2 Tree Demolition 31 EA $2,500 $77,500
3 Erosion Control 1 LS $51,000 $51,000
4 Traffic Control 1 LS $30,000 $30,000
5 Construction Surveying 1 LS $85,000 $85,000
6 Site Preparation and Demolition 146,000 SF $3 $438,000 7 Site Utilities (Domestic Water, Sanitary Sewer, Storm Drain) 1 LS $700,000 $700,000 8 Site Grading 146,000 SF $6 $876,000
9 Stormwater Retention Area 1 LS $50,000 $50,000
10 Site Electrical and Lighting 1 LS $200,000 $200,000
11 New Parallel Parking 1 LS $90,000 $90,000
12 Multi-Use Paths 35,000 SF $28 $980,000
13 New Trees 1 LS $35,000 $35,000
14 Relocated Trees 5 EA $25,000 $125,000
15 Planting and Irrigation 80,000 SF $18 $1,440,000
16 Lawn and Irrigation 8,000 SF $12 $96,000
17 Expanded Senior Center Courtyard 2,000 SF $150 $300,000 18 Picnic Areas and Site Furnishings 1 LS $250,000 $250,000 19 Nature Playground 1 LS $1,500,000 $1,500,000
20 Pickleball Court 8 EA $150,000 $1,200,000
21 Bocce Court and Shade Structure 1 EA $250,000 $250,000 22 Fitness Station 1 LS $300,000 $300,000
23 New Restroom 1 EA $900,000 $900,000
24 Perimeter Conform 18,000 SF $15 $270,000
Direct Construction Cost (Subtotal) $10,023,000
25 Construction Contingency (10%) $1,002,300
26 Mobilization and General Condition (10.5%) $1,052,415 27 Bonding (1.5%) $150,345
28 Insurance (2%) $200,460
Direct Construction Cost (Total) $12,428,520
29 Design and Unknown Factor Contingency (30%) $3,728,556 30 Design and Engineering (7%) $869,996
31 Permits and Fees (1%) $124,285
32 City Administration Fee (1%) $124,285
Total Administration and Permitting Cost $4,847,123
TOTAL PROJECT COST $17,275,643
Table 5-3: Phase 1B Cost Estimate
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COST ESTIMATE - Phase 2A
Recommendation Quantity Unit Unit Cost Subtotal
1 Tree Protection 28 EA $1,500 $42,000
2 Tree Demolition 6 EA $2,500 $15,000
3 Erosion Control 1 LS $35,000 $35,000
4 Traffic Control 1 LS $30,000.00 $30,000
5 Construction Surveying 1 LS $45,000 $45,000
6 Site Preparation and Demolition 78,000 SF $3 $234,000 7 Site Utilities (Domestic Water, Sanitary Sewer, Storm Drain) 1 LS $130,000 $130,000 8 Site Grading 78,000 SF $6 $468,000
9 Stormwater Retention Area 1 LS $12,000 $12,000
10 Site Electrical and Lighting 1 LS $200,000 $200,000
11 Multi-Use Paths 9,000 SF $28 $252,000
12 Lawn and Irrigation 47,000 SF $12 $564,000
13 Planting and Irrigation 15,000 SF $18 $270,000
14 New Trees 1 LS $12,000 $12,000
15 Gazebo Picnic Area 5,000 SF $150 $750,000
16 Upgraded Amphitheater and Stage 1 LS $3,500,000 $3,500,000 17 Perimeter Conform 13,000 SF $15 $195,000
Direct Construction Cost (Subtotal) $6,754,000
18 Construction Contingency (10%) $675,000
19 Mobilization and General Condition (10.5%) $709,170
20 Bonding (1.5%) $101,310
21 Insurance (2%) $135,080
Direct Construction Cost (Total) $8,374,960
22 Design and Unknown Factor Contingency (30%) $2,512,488 23 Design and Engineering (10%) $837,496
24 Permits and Fees (1%) $83,750
25 City Administration Fee (1%) $83,750
Total Administration and Permitting Cost $3,517,483
TOTAL PROJECT COST $11,892,443
Table 5-4: Phase 2A Cost Estimate
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COST ESTIMATE - Phase 2B
Recommendation Quantity Unit Unit Cost Subtotal
1 Tree Protection 36 EA $1,500 $54,000
2 Tree Demolition 16 EA $2,500 $40,000
3 Erosion Control 1 LS $80,000 $80,000
4 Traffic Control 1 LS $30,000 $30,000
5 Construction Surveying 1 LS $135,000 $135,000
6 Site Preparation and Demolition 235,000 SF $3 $705,000 7 Site Utilities (Domestic Water, Sanitary Sewer, Storm Drain) 1 LS $450,000 $450,000 8 Site Grading 235,000 SF $6 $1,410,000
9 Stormwater Retention Area 1 LS $8,000 $8,000
10 Site Electrical and Lighting 1 LS $200,000 $200,000
11 Multi-Use Paths 36,000 SF $28 $1,008,000
12 Planting and Irrigation 75,000 SF $18 $1,350,000
13 New Trees 1 LS $20,000 $20,000
14 Softball Lighting Upgrades and Control Panel 1 LS $650,000 $650,000 15 Softball Amphitheater 1 LS $275,000 $275,000
16 Tennis Court Amphitheater 1 LS $80,000 $80,000
17 Tennis Court Striping Removal 1 LS $10,000 $10,000
18 Picnic Areas and Site Furnishing 1 LS $200,000 $200,000 19 Reservable Picnic Area (Site Furnishing, Shade Structures) 1 LS $2,500,000 $2,500,000 20 Basketball Court (Paving, Striping, Goals) 1 LS $100,000 $100,000 21 Upgraded Restroom 1 LS $400,000 $400,000
22 Perimeter Conform 20,000 SF $15 $300,000
Direct Construction Cost (Subtotal) $10,005,000
23 Construction Contingency (10%) $1,000,000
24 Mobilization and General Condition (10.5%) $1,050,525 25 Bonding (1.5%) $150,075
26 Insurance (2%) $200,100
Direct Construction Cost (Total) $12,406,200
27 Design and Unknown Factor Contingency (30%) $3,721,860 28 Design and Engineering (7%) $868,434
29 Permits and Fees (1%) $124,062
30 City Administration Fee (1%) $124,062
Total Administration and Permitting Cost $4,838,418
TOTAL PROJECT COST $17,244,618
Table 5-5: Phase 2B Cost Estimate
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COST ESTIMATE - Phase 2C
Recommendation Quantity Unit Unit Cost Subtotal
1 Tree Protection 77 EA $1,500 $115,500
2 Tree Demolition 40 EA $2,500 $100,000
3 Erosion Control 1 LS $58,000 $58,000
4 Traffic Control 1 LS $30,000 $30,000
5 Construction Surveying 1 LS $100,000 $100,000
6 Site Preparation and Demolition 168,000 SF $3 $504,000 7 Site Utilities (Domestic Water, Sanitary Sewer, Storm Drain) 1 LS $300,000 $300,000 8 Site Grading 168,000 SF $6 $1,008,000
9 Stormwater Retention Area 1 LS $35,000 $35,000
10 Site Electrical and Lighting 1 LS $200,000 $200,000
11 Alves Parking Lot Update 1 LS $400,000 $400,000
12 Alves Drive Parking Stall Striping 1 LS $10,000 $10,000 13 Multi-Use Paths 16,300 SF $28 $456,400
14 Planting and Irrigation 68,000 SF $18 $1,224,000
15 New Trees 1 LS $50,000 $50,000
16 Lawn and Irrigation 20,000 SF $12 $240,000
17 Quinlan Courtyard 13,000 SF $150 $1,950,000
18 Picnic Areas and Site Furnishings 1 LS $200,000 $200,000 19 Perimeter Conform 20,000 SF $15 $300,000
Direct Construction Cost (Subtotal) $7,280,900
20 Construction Contingency (10%) $728,090
21 Mobilization and General Condition (10.5%) $764,495
22 Bonding (1.5%) $109,214
23 Insurance (2%) $145,618
Direct Construction Cost (Total) $9,028,316
24 Design and Unknown Factor Contingency (30%) $2,708,495 25 Design and Engineering (7%) $631,982
26 Permits and Fees (1%) $90,283
27 City Administration Fee (1%) $90,283
Total Administration and Permitting Cost $3,521,043
TOTAL PROJECT COST $12,549,359
Table 5-6: Phase 2C Cost Estimate
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COST ESTIMATE - Phase 3
Recommendation Quantity Unit Unit Cost Subtotal
1 Tree Protection 121 EA $1,500 $181,500
2 Tree Demolition 24 EA $2,500 $60,000
3 Erosion Control 1 LS $30,000 $30,000
4 Traffic Control 1 LS $10,000 $10,000
5 Construction Surveying 1 LS $15,000 $15,000
6 Site Preparation and Demolition 112,000 SF $3 $336,000 7 Senior Center Parking Lot Resurfacing 21,000 SF $15 $315,000 8 Quinlan Parking Lot Resurfacing 40,000 SF $15 $600,000 9 Planting and Irrigation 55,000 SF $18 $990,000
10 New Trees 1 LS $15,000 $15,000
Direct Construction Cost (Subtotal) $2,552,500
11 Construction Contingency (10%) $255,250
12 Mobilization and General Condition (10.5%) $268,013
13 Bonding (1.5%) $38,288
14 Insurance (2%) $51,050
Direct Construction Cost (Total) $3,165,100
15 Design and Unknown Factor Contingency (30%) $949,530 16 Design and Engineering (7%) $221,557
17 Permits and Fees (1%) $31,651
18 City Administration Fee (1%) $31,651
Total Administration and Permitting Cost $1,234,389
TOTAL PROJECT COST $4,399,489
Table 5-7: Phase 3 Cost Estimate
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Funding
The implementation of the Memorial Park
Specific Plan will be contingent on funding
availability. Funding will be required for both capital improvements as well as the associated ongoing
maintenance costs. For a general summary of
existing and additional funding sources, please view
Appendix G of the Cupertino Parks and Recreation
System Master Plan. Potential funding sources to
support the implementation of the Memorial Park
Specific Plan are discussed below.
Community Facilities District
A funding tool to generate capital for park projects is a Mello-Roos community facilities district (CFD). A
CFD is a special tax district that aids in financing public infrastructure improvements through imposing a tax
on property within a geographic area. A CFD special
tax could fund a substantial amount of capital costs
depending on the “boundary” or number of property
owners included in the CFD area. The tax continues
until bonds are paid off and then reduced to maintain
investment. According to the City of Cupertino Parks
and Recreation System Master Plan, the City has no
existing CFDs.
Grant Funding
Grants in recent decades have provided substantial
opportunities for cities to invest more in their parks.
Funding from grants can range from local to national
sources and can include public agencies such as the
California Department of Parks and Recreation, as
well as private and non-profit organizations like the
National Recreation and Park Association (NRPA).
California grant programs such as the Per Capita
Program, the Recreational Infrastructure Revenue
Enhancement (RIRE) Program (allocated to Santa
Clara County), and other statewide park programs
could be other potential funding opportunities to
achieve the vision of the Memorial Park Specific Plan.
Grants will require dedicated staff support as they
require specific project reporting protocols. Grants
should be mainly considered a capital funding source.
Other Funding Options
Additional funding opportunities for the City to
consider include Special Assessment taxes, taking
advantage of local sales tax measures to garner
revenue from local retail transactions, parcel taxes
that can offer funds for both capital and operations,
or other Mello-Roos special taxes appropriate for
this project such as Enhanced Infrastructure Finance
Districts (EIFD).
Partnerships, sponsorships, and amenity naming
rights are opportunities to build relationships with
the community while simultaneously building
capital for park improvements. Situated in the heart
of Silicon Valley and visited by various members of
the Cupertino community, there is a high opportunity
for the City to partner with local companies, sports
leagues, institutions, and organizations to help fund
the improvements at Memorial Park. Oftentimes
donations may also directed toward the project from
these invested stakeholders.
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Environmental Review
In accordance with the California Environmental
Quality Act (CEQA), an Initial Study/Addendum was
prepared for the Memorial Park Specific Plan. The
Initial Study/Addendum evaluates the environmental
impacts that might reasonably be anticipated to result
from implementation of the proposed project.
The Initial Study/Addendum tiers from the City
of Cupertino Parks and Recreation System Master
Plan Initial Study/Mitigated Negative Declaration
(adopted October 2019, State Clearinghouse [SCH]
#2019109066).
Section 15162(a) of the CEQA Guidelines states that
when an Environmental Impact Report (EIR) has
been certified or a Negative Declaration adopted for
a project, no subsequent EIR or Negative Declaration
is needed unless there are substantial changes to the
scope, environmental circumstances, or information
available for a given project.
Section 15164(b) of the CEQA Guidelines states
than an Addendum may be prepared if only minor
technical changes or additions are necessary or none
of the conditions described in Section 15162(a) calling for preparation of a subsequent EIR or Negative
Declaration have occurred.
Based on the analysis completed in the Initial Study/
Addendum, the City has determined that the project
would not result in new or substantially more severe
significant impacts than previously disclosed in the
2019 Initial Study/Mitigated Negative Declaration.
Therefore, a subsequent EIR or Negative Declaration
would not be required for the project and an
Addendum has been prepared in accordance with
CEQA Guidelines Section 15164.
The Initial Study/Addendum includes a project
description with anticipated construction phasing,
a conformity analysis documenting the project’s
consistency with the prior environmental review
completed for the Parks and Recreation System
Master Plan, and information sourced from relevant,
project-specific technical analyses.
Please see the Phase I Environmental Site Assessment
(Appendix E) and the Geotechnical Evaluation
(Appendix F) for supporting information.
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MEMORIAL PARK
SPECIFIC PLAN
Memorial Park
revitalize
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PARK
MEMORIAL
SPECIFIC
PLAN
CITY OF CUPERTINO, FEBRUARY 2024 APPENDIX
Memorial Park
revitalize
• ATTACHMENT B •
Attachment B
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Appendix Table of Contents I
Table of Contents
Appendix A Parking Study
Appendix B Tree Inventory Report
Appendix C Community Engagement Data
Appendix D Preliminary Concepts
Appendix E Phase 1 Environmental Site Assessment
Appendix F Geotechnical Evaluation
Appendix G Planning Context
Appendix H Site Assessment
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Memorial Park Specific Plan A-1
Parking Study
Appendix A
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Appendix A Parking Study A-3 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY JANUARY 2024 I 379
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A-4 Memorial Park Specific Plan
CITY OF CUPERTINO
MEMORIAL PARK PARKING STUDY
Date: January 2024Prepared for: Gates + Associates Prepared by: TJKM Transportation Consultants I
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Appendix A Parking Study A-5 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY I
TABLE OF CONTENTS
SUMMARY � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � III 1� INTRODUCTION � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 1 STUDY AREA � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 1DATA COLLECTION � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 5 PARKING INVENTORY � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 5PARKING OCCUPANCY � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 5 2� EXISTING PARKING SUPPLY � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 83� PARKING OCCUPANCY � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 12 PARKING OCCUPANCY ANALYSIS� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 12 4� PARKING POLICY AND MANAGEMENT STRATEGIES � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 275� IMPLEMENTATION PLAN � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 33 ///////////////////////////////////////////////////////////////////////////////// I
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A-6 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY II
LIST OF FIGURESFigure 1: On-street and Off-street Parking Supply � � � � � � � � � � � � � � � � � � � � � � � � � � � 6Figure 2: Parking Restrictions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 10Figure 3: Overall Parking Occupancy on the Observed Weekday� � � � � � � � � � � � � � 12 Figure 4: Parking Occupancy at 11 am on a Weekday � � � � � � � � � � � � � � � � � � � � � � � 13Figure 5: Parking Occupancy at 3 pm on a Weekday � � � � � � � � � � � � � � � � � � � � � � � � 14Figure 6: On-street Parking Occupancy - Observed Weekday � � � � � � � � � � � � � � � � 15Figure 7: Off-street Public Parking Occupancy - Observed Weekday � � � � � � � � � � 16Figure 8: Off-street Permit Parking Occupancy - Observed Weekday � � � � � � � � � � 16Figure 9: Overall Parking Occupancy on Observed Weekend � � � � � � � � � � � � � � � � � 17Figure 10: Parking Occupancy at 5 pm on Observed Weekend � � � � � � � � � � � � � � � 18 Figure 11: On-street Parking Occupancy - Observed Weekend � � � � � � � � � � � � � � � 19 Figure 12: Off-street Public Parking Occupancy - Observed Weekend � � � � � � � � � 20Figure 13: Off-street Permit Parking Occupancy - Observed Weekend � � � � � � � � � 20Figure 14: Overall Parking Occupancy on the Observed Weekend � � � � � � � � � � � � 21Figure 15: Parking Occupancy at 5pm on Festival Day � � � � � � � � � � � � � � � � � � � � � � 22Figure 16: On-street Parking Occupancy - Festival Day � � � � � � � � � � � � � � � � � � � � � � 23Figure 17: Off-street Public Parking Occupancy - Festival Day � � � � � � � � � � � � � � � 24Figure 18: Off-street Permit Parking Occupancy - Festival Day � � � � � � � � � � � � � � � 24 LIST OF TABLESTable 1: Parking Supply Inventory � � � � � � � � � � � � � � � � � � � � � � � � � � �8Table 2: Parking Supply by Restrictions � � � � � � � � � � � � � � � � � � � � � � �9Table 3: Overall Parking Occupancy- Observed Weekday � � � � � 17 Table 4: Overall Parking Occupancy- Observed Weekend � � � � � 21Table 5: Overall Parking Occupancy - Festival Day � � � � � � � � � � � 25 LIST OF APPENDICESAppendix A: Parking Supply Data SheetsAppendix B: Parking Occupancy Data Sheets I
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Appendix A Parking Study A-7 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY III This study develops a parking occupancy and utilization analysis to document existing and potential parking capacity in Cupertino Memorial Park. The study area encompasses the park location bordered by Christensen Drive on the north, N. Stelling Road on the east, Alves Drive and Anton Way, Stevens Creek Boulevard on the south, and Mary Avenue on the west. There are 313 parking spaces – located in public and permit parking lots within the park perimeter and on-street parking along Alves in the study area. Of the available parking spaces, 82 percent are public or permit parking lot spaces and 18 percent are on-street parking spaces.On the observed parking occupancy collection days, the findings suggest that the overall study area reached a maximum occupancy of 28 percent on the observed weekday, with 225 parking spaces unoccupied, and 51 percent on the observed weekend with 154 parking spaces unoccupied. On a representative festival or event day, the maximum occupancy was 45 percent, with 172 parking spaces unoccupied� During the observed weekday, on-street parking reached a maximum of 4 percent occupancy, between 7 a. m. and 11 a.m., leaving 53 spaces available. During the observed weekday, off-street public parking reached a maximum of 38 percent occupancy, between 10 a.m. to 12 p.m., leaving 51 spaces open. Off-street permit parking, on the other hand, reached a maximum of 45 percent occupancy between 2 p. m. and 4 p. m. resulting in 48 unoccupied parking spaces on the observed weekday. During the observed weekend, on-street parking reaches a maximum of 38 percent occupancy, between 4 p.m. to 5 p.m., leaving 34 spaces open. During the observed weekend, off-street public parking is observed to reach a maximum occupancy of 78 percent between 4 p.m. to 5 p.m., leaving 37 spaces open. Off-street permit parking, on the other hand, reached a maximum of 7 percent occupancy between 10 a.m. and 12 p.m., and 4 p.m. to 5 p.m., resulting in 82 unoccupied parking spaces on the observed weekend.
SUMMARY
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A-8 Memorial Park Specific Plan
1 1. INTRODUCTION
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Appendix A Parking Study A-9 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 1
STUDY AREA
In order to understand existing parking supply, the following is a description of each parking resource within or immediate adjacent to Memorial Park:
OFF-STREET PARKING LOTS
Senior Center South (Lot 1)This parking lot, associated with the Senior Center and used most by Senior Center users includes: 55 standard parking stalls and six (6) accessible ADA stalls. All parking aside from the ADA spots are permitted Senior Center use Monday-Saturday 8 a.m.-5 p.m.
1. INTRODUCTION
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A-10 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 2
Senior Center North (Lot 2)Lot 2, located north of Senior Center Lot 1, includes 26 permitted Senior Center parking stalls and one (1) accessible ADA stall. Lot 3 includes, 32 standard parking stalls and two (2) accessible ADA stalls. Lot 3 is time limited to two hour parking from 8a.m. to 5p.m. In regards to the data collection, both of these parking lots were counted together and are referred as Zone “Park.” Mary Avenue (Lot 3)Mary Avenue is a two lane street with on-street parking allowed on both sides of the street except from 2 a.m.-5 a.m. Parallel parking with the bike lane serving as a buffer to the street is provided on the north block face with angled parking providing a buffer to a bike lane on the south block face.A few Senior Center permitted parking spaces are available close to the park entry. The parking data collected does not include any of the on-street or permitted parking along Mary Avenue in the calculations.
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Appendix A Parking Study A-11 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 3 Alves Drive (Lot 4)The parking lot accessed from Alves Drive, directly west of the Quinlan Community Center, includes: 48 standard parking stalls and two (2) ADA accessible stalls. This parking lot is used by general users of the park, including the picnic area and tennis courts along Christensen Drive� Quinlan Community Center (Lot 5 & Lot 6)The parking lot that services the Quinlan Community Center is divided into two spaces; the south lot (lot 5), generally associated with the Cupertino Room has: 33 regular parking stalls, two (2) ADA accessible stalls, four (4) reserved for electric vehicle charging, and three (3) reserved for City of Cupertino vehicles. The north lot (lot 6) generally associated with the Social Room has: 42 regular parking stalls, one (1) ADA accessible stall, and one (1) reserved for City of Cupertino vehicles. ///////////////////////////////////////////////////////////////////////////////// I
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A-12 Memorial Park Specific Plan
4 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY
ON-STREET PARKING STALLS
Anton Way Anton Way, which runs from where Alves Drive terminates at the park south to where it ends at Stevens Creek Boulevard, is a two lane street along the eastern side of the park that does not allow on-street parking on either side. Signage is present that indicates parking is not allowed.
Alves DriveAlves Drive, which runs along a part of the southeast portion of the park and next to the Quinlan Community Center currently allows for on-street parking in unmarked stalls. The north block face has no restrictions up to where the street turns south as Anton Way, and has several red curb locations on the south block face. Alves Drive provides main accessibility to the Alves Drive parking lot, also known as Parking Lot 1 on Google Maps.On-street parking along Mary Avenue was not considered as part of this study. -
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Appendix A Parking Study A-13 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 5
DATA COLLECTION
TIn order to understand existing parking supply and utilization in the study area, the following data collection was performed:
PARKING INVENTORY
The number of parking spaces available in the study area was collected for on-street and off-street parking spaces (public and permit lots). Time restrictions, accessible (ADA) spaces, and other regulations were classified.
PARKING OCCUPANCY
Hourly parking occupancy counts were collected 7, 9 and 11a.m. and 1, 3, and 5p.m. on Thursday October 6, 2022 and on Saturday, October 22, 2022 for public parking lots and permitted parking lots located in Memorial Park and the on-street block face along Alves Drive. Parking counts were also collected during the Bay Area Diwali Festival of Lights on Saturday, October 8, 2022 during the same times as listed above to serve as a representative event or festival�Figure 1 illustrates locations and supply of parking spaces for onstreet block faces and off street lots. Detailed parking data sheets with supply are provided in Attachment A. ///////////////////////////////////////////////////////////////////////////////// I
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A-14 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 6
Figure 1: On-street and Off-street Parking Supply
Cupertino Memorial
Park
0 34
•
Quinlan
Community
Center
Cupertino Sports
Center
On-street and Off-street
Parking Supply
- On-street Parking
Off-street Public
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Appendix A Parking Study A-15
7 2. EXISTING PARKING SUPPLY
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A-16 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 8
PARKING SUPPLY
For analysis purpose, parking facilities in the study area are organized into on-street and off-street (public and permit). There are a total of 313 parking spaces in the study area, of which 55 are on-street spaces and 258 are off-street spaces. Of the 258 off-street parking spaces, 170 spaces are public parking and the remaining 88 spaces are by permit. Table 1 lists the number of on-street and off-street parking spaces�
Table 1: Parking Supply Inventory
Facility Type Number of Spaces Percentages
On - Street 55 18%
Off- Street (Public) 170 54%
Off- Street (Permit) 88 28%
Total 313 100%
2. EXISTING PARKING SUPPLY
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Appendix A Parking Study A-17 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 9 Of the total number (313) of parking spaces, 57 percent (178 spaces) are unrestricted spaces. 4.4 percent (14 spaces) are ADA parking spaces. 26 percent (81 spaces) are permit parking spaces. 10 percent (32 spaces) are 2 hour (8 a.m. – 5 p.m.) parking spaces. 1 percent (4 spaces) are EV charging parking spaces and 1 percent (4 spaces) are reserved for City vehicles only. One hundred percent (55 spaces) of the on-street parking spaces are unrestricted (general use) parking spaces with no other parking restrictions enforced. 72 percent (123 spaces) of the public off-street parking are unrestricted (general use) parking with 19 percent (32 spaces) 2-hour parking spaces, 8 a.m. to 5 p.m. 2 percent (4 spaces) are reserved for City vehicles with the remaining 4 percent (7 spaces) ADA parking. 92 percent (81 spaces) are permit parking only with 8 percent (7 spaces) are ADA parking in lots with permitted parking from 8 a.m. to 5 p.m. Monday through Saturdays. Table 2 lists the parking supply by restrictions.Figure 2 illustrates the parking restrictions for on-street block faces and off-street parking lots in the study area.
Table 2: Parking Supply by Restrictions
Facility Type General ADA Permit Only 2 HR Parking EV Charging City Vehicles Total On - Street
55 0 0 0 0 0 55
100% 0% 0% 0% 0% 0% 100%
Off- Street (Public)
123 7 0 32 4 4 170
72% 4% 0% 19% 2% 2% 100%
Off- Street (Permit)
0 7 81 0 0 0 88
0% 8% 92% 0% 0% 0% 100%
Total 178 14 81 32 4 4 313
57% 4% 26% 10% 1% 1% 100%
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A-18 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 10
Figure 2: Parking Restrictions
Cupertino Memorial
Park
•
Cupertino Sports
Center
I
On-street and Off-street
Parking Restrictions
City Vehicle Parking
P .. ] Permit Parking Only
@~ 2 Hrs Parking 8am • 5pm
® EV Charging
ADA Parking
® NO Parking
-On-street Parking N
Off-street Public A -Off-street Permit
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Appendix A Parking Study A-19 11 3. PARKING OCCUPANCY I 395
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A-20 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 12
PARKING OCCUPANCY ANALYSIS
This section describes how parking was utilized hourly for on-street and off-street parking in Memorial Park during the days of collection. A parking occupancy of 85 percent is typically defined as the practical threshold that indicates a healthy and balance parking usage between supply and demand. Parking occupancy below 85 percent is considered underutilized whereas an occupancy greater than 85 percent is considered over utilized. The section begins with analyzing trends of overall parking occupancy in the study area. Trends of both off-street and on-street parking occupancy over a weekday, weekend day as well as a representative festival day are analyzed. Parking data sheets with occupancy data is provided in Attachment B.Weekday Occupancy TrendsThis subsection analyzes the overall weekday trends of parking occupancy in the study area. This includes both on-street and offstreet parking facilities. The peak period is observed between 11 a.m. and 3 p.m. with a maximum of 28 percent occupancy. This leaves about 225 parking spaces unoccupied. Figure 3 illustrates the parking occupancy trend for the entire study are from 7 a.m. to 5 p.m. The overall parking occupancy during a typical weekday is observed to be much lower than the 85 percent threshold throughout the day. With the maximum occupancy of 28 percent between 11 a.m. and 3 p.m. Figure 4 and Figure 5 illustrates parking occupancy during these hours.
Figure 3: Overall Parking Occupancy on the Observed Weekday
3. PARKING OCCUPANCY
100%
90% 80%
70%
> 60% u
C:
.. 50% Q.
::,
u
u 40%
0 30%
20%
10%
0%
7:00AM 9:00AM
,...
- - - - - - - - - - - - - - - Maximum
28%
1 Occupancy
I
28% I
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1:00AM 1:00 PM 3:00PM 5:00 PM
Time of the Day
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Appendix A Parking Study A-21 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 13 Figure 4: Parking Occupancy at 11 am on a Weekday
Cupertino Memorial
Park
Cupertino Sports
Center
Parking Occupancy
Weekday {11 am)
0 %- 10 %
11 %- 25 %
26 %- 40 %
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A-22 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 14
Figure 5: Parking Occupancy at 3 pm on a Weekday
Cupertino Memorial
Park
Cupertino Sports
Center
Parking Occupancy
Weekday (3 pm)
- 0 %- 10 %
- 11 %- 25 %
26 %- 40 %
41 %-55 %
56 %- 70 %
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Appendix A Parking Study A-23 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 15 On-Street Parking Weekday Occupancy During the survey period, parking occupancy for on-street parking is observed to be significantly low with an average of 2 percent. A maximum occupancy of 4 percent was observed between 7 a.m. to 11 a.m., in the morning leaving approximately 53 spaces open. Figure 6Illustrates the observed trends of on-street parking occupancy.Figure 6: On-street Parking Occupancy - Observed Weekday 100%
90% 80%
70%
;f. 60%
C:
.. 50%
C.
:,
u u 40% 0
30%
20%
10% 4% 4% 4% 2% 2% 2%
0%
7:00AM 9:00AM 11:00 AM 1:00 PM 3:00 PM 5:00PM
Time of the Day
~ On-street Parking --Threshold
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A-24 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 16
Off-Street Parking Weekday OccupancyFor both public and permit parking lots, parking occupancy on the observed weekday fluctuated from a low of 2 percent to a high of 45 percent. For the off-street public parking lots, the maximum occupancy of 38 percent was observed between 10 a.m. to 12 p.m., leaving approximately 105 spaces open. Figure 7 illustrates the observed trend of parking occupancy for off-street public parking and highlights the maximum occupancy period.Figure 7: Off-street Public Parking Occupancy - Observed Weekday For the off-street permit parking lots, the maximum occupancy of 45 percent was observed between 2 p.m. to 4 p.m., leaving approximately 48 spaces open� Figure 8 illustrates the observed trend of parking occupancy for off-street permit parking and highlights the maximum occupancy period� Figure 8: Off-street Permit Parking Occupancy - Observed Weekday 100%
90% 80%
70%
'#. 60%
> V
C: "' 50% 0.
:,
V
V
0 40%
30%
20%
10%
0%
7:00AM 9:00AM
r----,
38%
Maximum
Occupancy
11:00 AM 1:00 PM
Time of the Day
23%
3:00 PM
-e-off- Street Parking- Public --Threshold
26%
5:00 PM
I
100% r---
Maximum
90% Occupancy 80%
70%
'#. 60%
C: "' 50% 45% 0.
:,
V V
0 40%
30%
20%
10%
0%
7:00AM 9:00AM 11:00AM 1:00 PM 3:00 PM 5:00 PM
Time of the Day
-e-off-Street Parking - Private --Threshold
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Appendix A Parking Study A-25 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 17 Table 3 summarizes the parking occupancy for the entire study area, on-street as well as off-street, throughout the day on Thursday, October 6th, 2022, from 7 a.m. to 5 p.m. On-street parking occupancy between 7 a.m. to 11 a.m. was observed to reach a maximum of 4 percent occupancy. Off-street public parking lots which had 38 percent occupancy in the study area between 10 a.m. to 12 p.m. Permit parking lots had a 45 percent occupancy in the study between 2 p.m. to 4 p.m.Table 3: Overall Parking Occupancy- Observed Weekday 7:00
AM
9:00
AM
11:00
AM
1:00
PM
3:00
PM
5:00
PM
On-street Parking 4% 4% 4% 2% 2% 2%
Off- Street Parking
- Public 7% 29% 38% 25% 23% 26%
Off-Street Parking –
Permit 2% 8% 25% 30% 45% 4%
Total 5% 19% 28% 23% 26% 16%
Weekend Occupancy TrendsThis subsection analyzes the observed weekend trends of parking occupancy in the study area. This includes both on-street and offstreet parking facilities. The peak period is observed between 4 p.m. and 5 p.m. with a maximum of 51 percent occupancy. This leaves about 153 parking spaces unoccupied. Figure 9 illustrates the parking occupancy trend for the entire study area from 7 a.m. to 5 p.m. While overall in the study area, parking occupancy remains much lower than the 85 percent threshold, block by block occupancy varies widely, between 7 percent to a maximum occupancy of 51 percent.
Figure 9: Overall Parking Occupancy on Observed WeekendFigure 10 illustrates parking occupancy during maximum hours. 100%
90% Maximum Occupancy 80%
7rf'/4
'.'!.
6rf'/4
C 51% "' Q. 50%
::,
V V 40% 0
0 30%
20%
10%
0%
7:00AM 9:00AM 11:00AM 1:00 PM 3:00 PM 5:00 PM
Time of the Day
-e-0c:cupancy on Festival Days --Threshold
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A-26 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 18
Figure 10: Parking Occupancy at 5 pm on Observed Weekend Cupertino Memorial
Park
•
Cupertino Sports
Center
Parking Occupancy
Weekend (5 pm)
- 0 %-10 %
- 11% - 25%
- 26% - 40 %
41%-55%
56% - 70 %
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Appendix A Parking Study A-27 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 19 On-Street Weekend Parking Occupancy During the survey period on weekends, parking occupancy for onstreet parking fluctuated from a low of 11 percent to a high of 38 percent. The maximum occupancy of 38 percent was observed in the evening between 4 p.m. to 5 p.m., leaving approximately 34 spaces open� Figure 11 Illustrates the observed trends of on-street parking occupancy�Figure 11: On-street Parking Occupancy - Observed Weekend 100%
90%
80%
70%
;JI. 60%
C: "' 50% Q.
:,
40%
30%
20% 16%
10%
0%
7:00AM
11% 13% 11%
9:00AM 11:00 AM 1 :00 PM
Time of the Day
~ On-street Parking --Threshold
r----,
Maximum 1
Occupancy 1
I I I I
38%
I
_____
I
3:00 PM 5:00 PM
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A-28 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 20
Off-Street Parking Weekend OccupancyFor both public and permit parking lots on the weekend, parking occupancy fluctuated from a low of 1 percent to a high of 78 percent. For off-street public parking lots, a maximum occupancy of 78 percent was observed between 4 p.m. to 5 p.m., leaving approximately 37 spaces open� Figure 12 illustrates the observed trend of parking occupancy for off-street public parking and highlights the peak period.Figure 12: Off-street Public Parking Occupancy - Observed Weekend For off-street permit parking lots, a maximum occupancy of 7 percent was observed between 10 a.m. and 12 p.m., and 4 p.m. to 5 p.m., leaving approximately 82 spaces open. It is observed that the permit parking occupancy is consistently low throughout the day. Figure 13 illustrates the observed trend of parking occupancy for off-street permit parking and highlights the period of maximum occupancy�Figure 13: Off-street Permit Parking Occupancy - Observed Weekend I
100%
100% ,----
Maximum I 90%
90% Occupancy I
80%
80% 78%
70%
70%
;;/. 60%
;;/. 60% C:
> " C: ., 50%
a.
:,
tl
., 50%
a.
:,
" 0 " 40%
0 40%
30%
30%
20%
20%
10% 7% 7%
10% 1% 2% 1% 2%
I 0%
---- -
0% 7:00AM 9:00AM 11:00AM 1:00 PM 3:00 PM 5:00 PM
7:00AM 9:00AM 11:00AM 1:00 PM 3:00 PM 5:00 PM Time of the Day Time of the Day
-e-otf-Street Parking - Private --Threshold
-e-off- Street Parking - Public --Threshold
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Appendix A Parking Study A-29 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 21 Table 4 summarizes the parking occupancy for the entire study area, on-street as well as off-street, throughout the day on Saturday, October 22, 2022, from 7 a.m. to 5 p.m. On-street parking occupancy between 4 p.m. to 5 p.m. was observed to reach a maximum of 38 percent occupancy. Public parking lots also had 78 percent occupancy in the study area during the same time period. Permit parking lots had a 7 percent occupancy in the study area between 10 a.m. and 12 p.m. and between 4 p.m. to 5 p.m.Table 4: Overall Parking Occupancy- Observed Weekend 7:00
AM
9:00
AM
11:00
AM
1:00
PM
3:00
PM
5:00
PM
On-street Parking 16% 11% 13% 11% 16% 38%
Off- Street Parking
- Public 7% 17% 30% 18% 40% 78%
Off-Street Parking –
Permit 1% 2% 7% 1% 2% 7%
Total 7% 12% 20% 12% 25% 51%
Festival Day Occupancy Trends This subsection analyzes event or festival day trends of parking occupancy in the study area during a representative festival. This includes both on-street and off-street parking facilities. The peak period is observed between 4 p.m. and 5p.m. with a maximum of 45 percent occupancy. This leaves about 172 parking spaces unoccupied. Figure 14 illustrates the parking occupancy trend for the entire study are from 7 a.m. to 5 p.m. While overall in the study are, parking occupancy remains much lower than the 85 percent threshold, block by block occupancy varies between 5 percent to a maximum occupancy of 45 percent� Figure 15 illustrates parking occupancy during maximum occupancy hours.Figure 14: Overall Parking Occupancy on a Festival Day 100%
90%
80%
70%
'J1.
1:' 60%
C: "' C. 50%
:s
g 40%
0 30%
20%
10%
0%
Maximum Occupancy
22%
19% 19%
7:00AM 9:00AM 11:00AM 1:00PM 3:00 PM
Time of the Day
~ Occupancy Weekend % --Threshold
r---•
45%
5:00 PM
I I
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A-30 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 22
Figure 15: Parking Occupancy at 5pm on a Festival Day
Cupertino Memorial
Park
Cupertino
Cupertino Sports
Center
Parking Occupancy
Festival Day {S pm)
- 0 %- 10 %
- 11 %- 25 %
- 26 % - 40 %
41 % -55 %
56 %- 70 %
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Appendix A Parking Study A-31 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 23 On-Street Parking Festival Day Occupancy During the survey period on the Bay Area Diwali Festival of Lights, October 8, 2022, parking occupancy fluctuated from zero to a high of 35 percent. The maximum occupancy of 35 percent was observed between 4 p.m. to 5 p.m., leaving approximately 36 spaces open. Figure 16 Illustrates the observed trends of on-street parking occupancy�Figure 16: On-street Parking Occupancy - Festival Day 100%
90% Maximum 80%
70%
'if. 60%
r::
..
C.
50%
:,
tl
0 40% 35%
30%
18%
20%
10%
0%
7:00AM 9:00AM 11:00AM 1:00 PM 3:00 PM 5:00 PM
Time of the Day
~ On-street Parking --Threshold
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A-32 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 24
Off-Street Parking Festival Day OccupancyFor both public and permit parking lots on the festival day, parking occupancy fluctuated from a low of 1 percent to a high of 56 percent. For off-street public parking lots, a maximum occupancy of 56 percent was observed between 4 p.m. to 5 p.m., leaving approximately 75 spaces open� Figure 17 illustrates the observed trend of parking occupancy for off-street public parking and highlights the period of maximum occupancy.Figure 17: Off-street Public Parking Occupancy - Festival Day For off-street permit parking lots, a maximum occupancy of 42 percent was observed between 12 p.m. to 2 p.m., leaving approximately 51 spaces open� Figure 18 illustrates the observed trend of parking occupancy for off-street permit parking and highlights the period of maximum occupancy.Figure 18: Off-street Permit Parking Occupancy - Festival Day 100%
90% 80%
70%
'#. 60%
C:
.. 50%
CL
:,
V V
0 40%
30%
20%
10%
0%
7:00AM 9:00AM
Maximum
Occupancy
11:00 AM 1:00 PM
Time of the Day
I--------
1 I I
56%
- - - - - - - - _I
3:00 PM 5:00 PM
~ Off- Street Parking- PublH: --Threshold
'#.
C:
..
Cl.
:,
V V
0 100%
90% 80%
70%
60%
50%
40%
30%
20%
10%
0%
1%
7:00AM
42%
1%
------
9:00AM 11:00AM 1:00 PM
Time of the Day
I I I
Maximum
Occupancy
3:00PM
~ Off-Street Parking - Private --Threshold
5:00 PM
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Appendix A Parking Study A-33 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 25 Table 5 summarizes the parking occupancy for the entire study area, on-street as well as off-street, throughout the Bay Area Diwali Festival Of Lights, October 8th, 2022, from 7 a.m. to 5 p.m. On-street parking occupancy between 4 p.m. to 5 p.m. was observed to reach a maximum of 35 percent occupancy. Public parking lots also had 56 percent occupancy in the study area during the same time period. Permit parking lots had a 42 percent occupancy in the study area between 12 p.m. and 2 p.m.It should be noted that parking was severely limited within the park and along Alves Drive during the festival so these numbers reflect parking used for VIPs, vendors, food trucks, and general closures.Table 5: Overall Parking Occupancy - Festival Day 7:00
AM
9:00
AM
11:00
AM
1:00
PM
3:00
PM
5:00
PM
On-street Parking 0% 13% 18% 20% 27% 35%
Off- Street Parking
- Public 9% 30% 34% 40% 51% 56%
Off-Street Parking –
Permit 1% 1% 2% 42% 32% 28%
Total 5% 19% 22% 37% 41% 45%
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A-34 Memorial Park Specific Plan
26 4. PARKING POLICY AND
MANAGEMENT STRATEGIES
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Appendix A Parking Study A-35 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 27 This chapter describes a parking policy analysis and management strategies proposed for the study area. The recommended policies and strategies are developed based off the existing parking supply and utilization findings for Memorial Park, field review conducted on October 8, 2022, and general best practices for parking management.Increase Public Awareness of Parking OptionsThe City of Cupertino website currently provides a map and directions to both the Senior Center and Quinlan Community Center, however, there is no detailed information provided regarding parking at either facility or the park overall other than a site map. It is recommended that more information about existing public parking options, more detailed maps, and regular updates be included. With the rise in use and popularity of Google Maps and other traffic apps such as Waze, the City should proactively reach out to Google to ensure parking options and information are up to date on those navigation platforms. For example, Google Maps already has the Alves Drive parking lot pinned and identified as “Parking Lot 1 Memorial Park,” but none of the others are identified. Information with respect to the locations of all public parking lots, hours of operation, and time limit restrictions can be integrated into websites or flyer formats for distribution at the Quinlan, Senior Center, special events, and surrounding neighborhoods.
4. PARKING POLICY AND
MANAGEMENT STRATEGIES
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9 • 9 I 9 9 --9 l 1·
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A-36 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 28
Update and Improve Wayfinding/Directional Signage and Create a Parking BrandWell-designed parking wayfinding signs can better direct visitors to available parking options within Memorial Park.Currently, there are no signs at park entry points at N. Stelling Road, Stevens Creek Boulevard, nor Mary Avenue pointing users to available parking options within the park. Signage at the Senior Center indicates clearly that those lots are permit parking only, with no directions provided that there is two-hour parking available further down in Lot 3. It is recommended that the City realign and perhaps consolidate existing parking wayfinding signs so that they are more visible and larger in size to direct drivers to options in different public parking lots� A dynamic and recognizable public parking brand will clarify and promote public parking options and provide the user with an accessible and affirming experience and can be incorporated on all parking wayfinding signage, and on marketing and education materials. The design of the signs should reflect the new parking brand that will allow them to be recognizable to drivers as they enter the park area and navigate surrounding streets� The City should also explore proper naming or numbering of lots so visitors can easily locate available public parking.
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Appendix A Parking Study A-37 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 29 and Anton Drive, similar to the existing one at N.. Stelling Road and Alves Drive, would provide a safe crossing from De Anza parking and eliminate the need to cross mid-block, as people do now while dodging traffic on Stevens Creek Boulevard.
Improve Pedestrian and Bicyclist EnvironmentWhile there are identified and designated bike lanes on N. Stelling Road, Stevens Creek Boulevard, and Mary Avenue, which allow for easy accessibility by bike to the park, once the bicyclists actually enter the park, there are no facilities available to them. While active bike riding might not be encouraged within the park itself at this time, placing bike racks and/or bike lockers at the Senior Center, Quinlan Community Center, and perhaps in a few locations there is park access from Alves Drive or Anton Drive is recommended. Increasing the number and location of short-term and long-term bike parking installations would encourage additional usage as well as safe and permanent options for bike users, especially park employees. Bike dismount signs can also be placed strategically within the park to remind visitors bike riding is not recommended on the existing paths and sidewalks. These steps will foster and encourage more bicycle use to the park in preparation for actual bike paths being installed within the park per the 2016 Bicycle and Pedestrian Transportation Plan. Regarding pedestrians, for daily use, the existing sidewalks and walkways are sufficient for existing use. However, during special events, it was observed that visitors trying to access the events in the park that utilize De Anza College parking would sometimes cross Stevens Creek mid-block instead of walking to the existing crosswalks at the N. Stelling Road or Mary Avenue intersections. Installing a designated pedestrian crosswalk with enhanced safety features such as a rectangular rapid flashing beacon at Stevens Creek Boulevard ///////////////////////////////////////////////////////////////////////////////// I
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A-38 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 30
Establish Additional Parking along Alves DriveAlves Drive, which runs along a part of the southeast portion of the park and next to the Quinlan Community Center, currently allows for on-street parking in unmarked stalls. The north block face has no restrictions up to where the street turns south as Anton Way, and has several red curb locations on the south block face. In order to maximize the current on-street parking to its fullest potential and capacity, parking T locations should be marked out and painted permanently on the street surface on both sides of Alves Drive.
Shared Parking AgreementsCurrently, the City does not reserve any parking on the De Anza College campus for City events, however, for future City sponsored events, a more formal agreement could be pursued. If the most visible De Anza College lots along N. Stelling Road and Stevens Creek Boulevard are not available, the City and college could explore using the Flint Center parking structure during those times with shuttle service available to and from the park. Should increased parking demand show the need, the City could explore shared parking agreements with private property owners, such as Abundant Life Assembly of God, to provide additional public parking options by leveraging existing parking supply during times, usually in the evenings and Saturdays when the parking supply is typically underutilized. The current policy for additional park events that are not City run, such as the Bay Area Diwali Festival of Lights, require contact with De Anza College to secure parking use and verification by the City of such arrangements before the permit is approved. It is recommended that this arrangement continue but perhaps reviewed to ensure equity and accessibility for non-City run events that wish to use the park. @-IDeAnza J!bJCollege ABUNDANT LIFEam:m!lll!/J
Memorial Park CUP
ERTINO
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Appendix A Parking Study A-39 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 31 Maintain Current Parking Configuration along Mary AvenueMary Avenue is a two lane street with on-street parking allowed on both sides of the street except from 2 a.m.-5 a.m., Parallel parking with the bike lane serving as a buffer to the street is provided on the north block face with angled parking providing a buffer to a bike lane on the south block face.A few Senior Center permitted parking spaces are available. Since this parking is utilized significantly during park events, this on-street parking should be maintained in its current configuration.
Parallel Parking along Anton WayWith the addition of eight pickle ball courts on the park’s southeast corner, near the Anton Way and Stevens Creek Boulevard intersection, nine parallel parking spaces along Anton Way are being included. While the current parking analysis indicates there is capacity to handle the addition of these pickle ball courts, parking should be monitored to see how the current parking supply is impacted. Additional parallel parking along Anton Way could be considered in the future, but that would necessitate the taking of additional parkland along the street edge, which may not be desirable. ///////////////////////////////////////////////////////////////////////////////// I
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A-40 Memorial Park Specific Plan
CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 32
Consider Making Anton Way One-WaySince Anton Way is currently a narrow two-lane street that does not allow for parking on either side, another option for parking along Anton Way is for the City to conduct a feasibility study of turning the portion of Anton Way from Stevens Creek Boulevard to Patriot Way to one-way heading north. This configuration is used to great success during events and could be tried out on a temporary basis, but for a longer period of time than a weekend. This would free up the travel lane closest to the park to be utilized as either additional parallel parking or angled parking if a need arises for that level of parking capacity. Obviously, the surrounding neighborhood would need to be consulted and approve this type of change. With the addition of the pickle ball courts in the portion of the park closest to the Anton Way and Stevens Creek intersection, this parking option might allow for both more parking and better traffic flow.
A Parking StructureWhen considering the need for structured parking, it is important to remember that occupancy of 85 percent is typically defined by the parking industry as the practical threshold that indicates a healthy and balance parking usage between supply and demand. Parking occupancy below 85 percent is considered underutilized whereas an occupancy greater than 85 percent is considered over utilized.Current data suggests that while there may be times where parking is at a premium during certain dates and times, the overall data does not support the need for any sort of parking structure. The City should optimize and improve the efficiency and management of existing parking resources first and then conduct a viability study when the parking supply and demand are within that 85 percent range over a sustained period of time.
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Appendix A Parking Study A-41 CITY OF CUPERTINO MEMORIAL PARK PARKING STUDY 33 # Action Description Timeline
Short-Term Recommendations
1 Increase public awareness of parking options
• Update City and other relevant websites• Utilize Google or Waze by pinpointing parking lots• Creation of parking education and outreach campaign 0-2 years
2 Update/improve wayfinding and directional signage
• Install new directional and wayfinding signage
• Create a parking brand
• Name or number existing public parking lots
0-2 years
3 Improve pedestrian and bicyclist environment
• Install bike racks and storage in park
• Install bike dismount signs on park periphery
• Review possible mid-block pedestrian location on Stevens Creek at Anton Way 0-2 years
4 Establish additional parking along Alves Drive • Mark out and paint parking T locations along both sides of Alves Drive 0-2 years Mid-Term Recommendations
5 Shared parking agreements • Explore viability of shared parking agreements, especially De Anza College, and begin conversations with other interested property owners 2-5 years Long-Term Recommendations
6 Maintain current parking configuration along Mary Avenue • Maintain current parking configuration and time limits along Mary Avenue with stripping and signage maintenance occurring on a regular basis� 5+ years 7 Parallel parking along Anton Way • Consider constructing additional parallel parking spaces along Anton Way to complement parallel parking planned as part of pickle-ball courts on Anton Way 5+ years 8 Consider making Anton Way one-way • Consider making Anton Way one-way to convert one lane of traffic to parallel or angled parking and to serve as a traffic control measure 5+ years 9 Explore a parking structure • Once parking demand has reached a consistent 85% level of occupancy over a period of five or more years, conduct a feasibility study to determine need of a parking structure 5+ years
5. IMPLEMENTATION PLAN
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A-42 Memorial Park Specific Plan
34 APPENDIX A:
PARKING SUPPLY DATA SHEETS
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Appendix A Parking Study A-43
Zone Facilty Type Total Supply Regular Supply ADA Supply Permit Only Supply 2HR 8am‐ 5pm Supply EV Charging Supply City Vehicles Only Supply Senior Center South (Lot 1) 61 0 6 55 0 0 0
Senior Center North (Lot 2) 27 0 1 26 0 0 0
Mary Avenue (Lot 3) 34 0 2 32 0 0Alves Drive (Lot 4) 50 48 2 0 0 0 0 Community Center South (Lot 5) 42 33 2 0 0 4 3
Community Center North (Lot 6) 44 42 1 0 0 0 1
Alves North 1 10 10 0 0 0 0 0
Alves North 2 20 20 0 0 0 0 0
Alves South 1 15 15 0 0 0 0 0
Alves South 2 10 10 0 0 0 0 0
Anton East 1 0000000Anton East 2 0000000Anton West 1 0000000 Anton West 2 0000000
TOTAL 313 178 14 81 32 4 4
Off‐ Street Permit
Off‐ Street Public
On Street
Parking Supply
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A-44 Memorial Park Specific Plan
35 APPENDIX B:
PARKING OCCUPANCY DATA
SHEETS
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Appendix A Parking Study A-45
Weekday Occupancy
Zone Facilty Type 7:00 AM 9:00 AM 11:00 AM 1:00 PM 3:00 PM 5:00 PM Senior Center North (Lot 2) Off‐ Street Public 3% 18% 41% 15% 9% 15% Mary Avenue (Lot 3) Off‐ Street Permit 3% 22% 28% 19% 28% 0% Alves Drive (Lot 4) Off‐ Street Public 0.12 0.26 0.36 0.32 0.44 0.34Alves North 2 On Street 0% 0% 0% 0% 0% 0% Alves North 1 On Street 10% 20% 20% 10% 10% 10%Alves South 1 On Street 7% 0% 0% 0% 0% 0%Alves South 2 On Street 0% 0% 0% 0% 0% 0%Senior Center South (Lot 1) Off‐ Street Permit 2% 0% 23% 36% 54% 7%Anton East 2 On Street 0% 0% 0% 0% 0% 0%Anton East 1 On Street 0% 0% 0% 0% 0% 0%Anton West 2 On Street 0% 0% 0% 0% 0% 0%Anton West 1 On Street 0% 0% 0% 0% 0% 0%Community Center South (Lot 5) Off‐ Street Public 10% 29% 38% 33% 21% 40% Community Center North (Lot 6) Off‐ Street Public 2% 41% 36% 16% 11% 11% Total 5% 18% 28% 22% 26% 15%
Festival Day Occupancy
Zone Facilty Type 7:00 AM 9:00 AM 11:00 AM 1:00 PM 3:00 PM 5:00 PM Senior Center North (Lot 2) Off‐ Street Public 24% 3% 41% 71% 44% 88% Mary Avenue (Lot 3) Off‐ Street Permit 0% 0% 0% 19% 16% 19% Alves Drive (Lot 4) Off‐ Street Public 0% 2% 12% 4% 6% 6%Alves North 2 On Street 0% 35% 50% 50% 50% 75%Alves North 1 On Street 0% 0% 0% 0% 0% 0%Alves South 1 On Street 0% 0% 0% 7% 33% 27%Alves South 2 On Street 0% 0% 0% 0% 0% 0%Senior Center South (Lot 1) Off‐ Street Permit 2% 2% 3% 51% 38% 31%Anton East 2 On Street 0% 0% 0% 0% 0% 0%Anton East 1 On Street 0% 0% 0% 0% 0% 0%Anton West 2 On Street 0% 0% 0% 0% 0% 0%Anton West 1 On Street 0% 0% 0% 0% 0% 0%Community Center South (Lot 5) Off‐ Street Public 12% 76% 64% 76% 90% 88% Community Center North (Lot 6) Off‐ Street Public 5% 39% 23% 23% 68% 59% Total 5% 19% 22% 36% 41% 44%
Weekday ‐ Oct 6th, 2022 Festival Day‐ Oct 8th, 2022
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A-46 Memorial Park Specific Plan Weekend Occupancy Zone Facilty Type 7:00 AM 9:00 AM 11:00 AM 1:00 PM 3:00 PM 5:00 PM Senior Center North (Lot 2) Off‐ Street Public 12% 32% 9% 21% 18% 59% Mary Avenue (Lot 3) Off‐ Street Permit 0% 0% 0% 0% 3% 16% Alves Drive (Lot 4) Off‐ Street Public 12% 26% 54% 20% 26% 100% Alves North 2 On Street 0% 0% 0% 0% 20% 45% Alves North 1 On Street 30% 200% 200% 100% 100% 100% Alves South 1 On Street 13% 7% 27% 13% 13% 40% Alves South 2 On Street 40% 0% 0% 0% 0% 0% Senior Center South (Lot 1) Off‐ Street Permit 2% 3% 10% 2% 2% 2% Anton East 2 On Street 0% 0% 0% 0% 0% 0%Anton East 1 On Street 0% 0% 0% 0% 0% 0%Anton West 2 On Street 0% 0% 0% 0% 0% 0%Anton West 1 On Street 0% 0% 0% 0% 0% 0%Community Center South (Lot 5) Off‐ Street Public 2% 10% 45% 31% 81% 83% Community Center North (Lot 6) Off‐ Street Public 2% 2% 5% 2% 34% 61% Total 7% 12% 20% 12% 25% 50%
Weekend‐ Oct 22nd, 2022
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Appendix A Parking Study A-47
Date Time Zone
Total Occupancy
Total %
Occupied
Regular
Regular %
Occupied
ADA
ADA % Occupied
Permit Only
Permit %
Occupied
2HR 8am‐5pm
2HR 8am‐5pm %
Occupied
EV Charging
EV % Occupied
City Vehicles
Only
City Vehicles
Only % Occupied
10/6/2022 7:00 AM Lot 2 & Lot 3 2 3% 0 0% 0 0% 1 4% 1 3% 0 0% 0 0%10/6/2022 7:00 AM Alves Drive (Lot 4) 6 12% 6 13% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 7:00 AM Alves North 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 7:00 AM Alves North 1 1 10% 1 10% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 7:00 AM Alves South 1 1 7% 1 7% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 7:00 AM Alves South 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 7:00 AM Senior Center South (Lot 1 1 2% 0 0% 0 0% 1 2% 0 0% 0 0% 0 0% 10/6/2022 7:00 AM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 7:00 AM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 7:00 AM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 7:00 AM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 7:00 AM Community Center South 4 10% 1 3% 0 0% 0 0% 0 0% 0 0% 3 100%10/6/2022 7:00 AM Community Center North 1 2% 1 2% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 7:00 AM TOTAL 16 5% 10 6% 0 0% 2 2% 1 3% 0 0% 3 75% 10/6/2022 9:00 AM Lot 2 & Lot 3 13 21% 0 0% 0 0% 7 27% 6 19% 0 0% 0 0%10/6/2022 9:00 AM Alves Drive (Lot 4) 13 26% 13 27% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 9:00 AM Alves North 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 9:00 AM Alves North 1 2 20% 2 20% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 9:00 AM Alves South 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 9:00 AM Alves South 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 9:00 AM Senior Center South (Lot 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 9:00 AM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 9:00 AM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 9:00 AM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 9:00 AM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 9:00 AM Community Center South 12 29% 8 24% 0 0% 0 0% 0 0% 1 25% 3 100%10/6/2022 9:00 AM Community Center North 18 41% 18 43% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 9:00 AM TOTAL 58 19% 41 23% 0 0% 7 9% 6 19% 1 25% 3 75% 10/6/2022 11:00 AM Lot 2 & Lot 3 23 38% 0 0% 0 0% 9 35% 14 44% 0 0% 0 0%10/6/2022 11:00 AM Alves Drive (Lot 4) 18 36% 17 35% 1 50% 0 0% 0 0% 0 0% 0 0% Weekday Occupancy ‐ October 6, 2022
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A-48 Memorial Park Specific Plan Date Time Zone
Total Occupancy
Total %
Occupied
Regular
Regular %
Occupied
ADA
ADA % Occupied
Permit Only
Permit %
Occupied
2HR 8am‐5pm
2HR 8am‐5pm %
Occupied
EV Charging
EV % Occupied
City Vehicles
Only
City Vehicles
Only % Occupied
10/6/2022 11:00 AM Alves North 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 11:00 AM Alves North 1 2 20% 2 20% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 11:00 AM Alves South 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 11:00 AM Alves South 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 11:00 AM Senior Center South (Lot 1 14 23% 0 0% 4 67% 10 18% 0 0% 0 0% 0 0% 10/6/2022 11:00 AM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 11:00 AM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 11:00 AM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 11:00 AM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 11:00 AM Community Center South 16 38% 12 36% 0 0% 0 0% 0 0% 1 25% 3 100%10/6/2022 11:00 AM Community Center North 16 36% 16 38% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 11:00 AM TOTAL 89 28% 47 26% 5 36% 19 23% 14 44% 1 25% 3 75% 10/6/2022 1:00 PM Lot 2 & Lot 3 11 18% 0 0% 0 0% 6 23% 5 16% 0 0% 0 0%10/6/2022 1:00 PM Alves Drive (Lot 4) 16 32% 16 33% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 1:00 PM Alves North 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 1:00 PM Alves North 1 1 10% 1 10% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 1:00 PM Alves South 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 1:00 PM Alves South 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 1:00 PM Senior Center South (Lot 1 22 36% 0 0% 2 33% 20 36% 0 0% 0 0% 0 0% 10/6/2022 1:00 PM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 1:00 PM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 1:00 PM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 1:00 PM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 1:00 PM Community Center South 14 33% 9 27% 0 0% 0 0% 0 0% 2 50% 3 100% 10/6/2022 1:00 PM Community Center North 7 16% 7 17% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 1:00 PM TOTAL 71 23% 33 19% 2 14% 26 32% 5 16% 2 50% 3 75% 10/6/2022 3:00 PM Lot 2 & Lot 3 12 20% 0 0% 0 0% 9 35% 3 9% 0 0% 0 0%10/6/2022 3:00 PM Alves Drive (Lot 4) 22 44% 22 46% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 3:00 PM Alves North 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 3:00 PM Alves North 1 1 10% 1 10% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 3:00 PM Alves South 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% I
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Appendix A Parking Study A-49
Date Time Zone
Total Occupancy
Total %
Occupied
Regular
Regular %
Occupied
ADA
ADA % Occupied
Permit Only
Permit %
Occupied
2HR 8am‐5pm
2HR 8am‐5pm %
Occupied
EV Charging
EV % Occupied
City Vehicles
Only
City Vehicles
Only % Occupied
10/6/2022 3:00 PM Alves South 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 3:00 PM Senior Center South (Lot 1 33 54% 0 0% 5 83% 28 51% 0 0% 0 0% 0 0% 10/6/2022 3:00 PM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 3:00 PM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 3:00 PM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 3:00 PM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 3:00 PM Community Center South 9 21% 5 15% 0 0% 0 0% 0 0% 1 25% 3 100% 10/6/2022 3:00 PM Community Center North 5 11% 5 12% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 3:00 PM TOTAL 82 26% 33 19% 5 36% 37 46% 3 9% 1 25% 3 75% 10/6/2022 5:00 PM Lot 2 & Lot 3 5 8% 0 0% 0 0% 0 0% 5 16% 0 0% 0 0%10/6/2022 5:00 PM Alves Drive (Lot 4) 17 34% 17 35% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 5:00 PM Alves North 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 5:00 PM Alves North 1 1 10% 1 10% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 5:00 PM Alves South 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 5:00 PM Alves South 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 5:00 PM Senior Center South (Lot 1 4 7% 0 0% 0 0% 4 7% 0 0% 0 0% 0 0% 10/6/2022 5:00 PM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 5:00 PM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%10/6/2022 5:00 PM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 5:00 PM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 5:00 PM Community Center South 17 40% 13 39% 0 0% 0 0% 0 0% 1 25% 3 100% 10/6/2022 5:00 PM Community Center North 5 11% 5 12% 0 0% 0 0% 0 0% 0 0% 0 0% 10/6/2022 5:00 PM TOTAL 49 16% 36 20% 0 0% 4 5% 5 16% 1 25% 3 75%10/6/2022 AVERAGE 61 19% 33 19% 2 14% 16 20% 6 18% 1 25% 3 75% 425
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A-50 Memorial Park Specific Plan Date Time Zone
Total Occupancy
Total % Occupied
Regular
Regular %
Occupied
ADA
ADA % Occupied
Permit Only
Permit %
Occupied
2HR 8am‐5pm
2HR 8am‐5pm %
Occupied
EV Charging
EV % Occupied
City Vehicles
Only
City Vehicles
Only % Occupied
10/8/2022 7:00 AM Lot 2 & Lot 3 8 13% 0 0% 0 0% 0 0% 8 25% 0 0% 0 0% 10/8/2022 7:00 AM Alves Drive (Lot 4) 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 7:00 AM Alves North 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 7:00 AM Alves North 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 7:00 AM Alves South 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 7:00 AM Alves South 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 7:00 AM Senior Center South (Lot 1 1 2% 0 0% 0 0% 1 2% 0 0% 0 0% 0 0% 10/8/2022 7:00 AM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 7:00 AM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 7:00 AM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 7:00 AM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 7:00 AM Community Center South ( 5 12% 1 3% 0 0% 0 0% 0 0% 1 25% 3 100% 10/8/2022 7:00 AM Community Center North ( 2 5% 2 5% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 7:00 AM TOTAL 16 5% 3 2% 0 0% 1 1% 8 25% 1 25% 3 75% 10/8/2022 9:00 AM Lot 2 & Lot 3 1 2% 0 0% 0 0% 0 0% 1 3% 0 0% 0 0% 10/8/2022 9:00 AM Alves Drive (Lot 4) 1 2% 1 2% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 9:00 AM Alves North 2 7 35% 7 35% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 9:00 AM Alves North 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 9:00 AM Alves South 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 9:00 AM Alves South 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 9:00 AM Senior Center South (Lot 1 1 2% 0 0% 0 0% 1 2% 0 0% 0 0% 0 0% 10/8/2022 9:00 AM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 9:00 AM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 9:00 AM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 9:00 AM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 9:00 AM Community Center South ( 32 76% 23 70% 2 100% 0 0% 0 0% 4 100% 3 100% 10/8/2022 9:00 AM Community Center North ( 17 39% 15 36% 1 100% 0 0% 0 0% 0 0% 1 100% 10/8/2022 9:00 AM TOTAL 59 19% 46 26% 3 21% 1 1% 1 3% 4 100% 4 100% 10/8/2022 11:00 AM Lot 2 & Lot 3 14 23% 0 0% 0 0% 0 0% 14 44% 0 0% 0 0% 10/8/2022 11:00 AM Alves Drive (Lot 4) 6 12% 6 13% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 11:00 AM Alves North 2 10 50% 10 50% 0 0% 0 0% 0 0% 0 0% 0 0%10/8/2022 11:00 AM Alves North 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% Festival Day Occupancy ‐ October 8, 2022
I
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Appendix A Parking Study A-51
Date Time Zone
Total Occupancy
Total % Occupied
Regular
Regular %
Occupied
ADA
ADA % Occupied
Permit Only
Permit %
Occupied
2HR 8am‐5pm
2HR 8am‐5pm %
Occupied
EV Charging
EV % Occupied
City Vehicles
Only
City Vehicles
Only % Occupied
10/8/2022 11:00 AM Alves South 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 11:00 AM Alves South 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 11:00 AM Senior Center South (Lot 1 2 3% 0 0% 0 0% 2 4% 0 0% 0 0% 0 0% 10/8/2022 11:00 AM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 11:00 AM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 11:00 AM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 11:00 AM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 11:00 AM Community Center South ( 27 64% 22 67% 1 50% 0 0% 0 0% 1 25% 3 100% 10/8/2022 11:00 AM Community Center North ( 10 23% 8 19% 1 100% 0 0% 0 0% 0 0% 1 100% 10/8/2022 11:00 AM TOTAL 69 22% 46 26% 2 14% 2 2% 14 44% 1 25% 4 100% 10/8/2022 1:00 PM Lot 2 & Lot 3 30 49% 0 0% 0 0% 6 23% 24 75% 0 0% 0 0% 10/8/2022 1:00 PM Alves Drive (Lot 4) 2 4% 2 4% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 1:00 PM Alves North 2 10 50% 10 50% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 1:00 PM Alves North 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 1:00 PM Alves South 1 1 7% 0 0% 1 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 1:00 PM Alves South 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 1:00 PM Senior Center South (Lot 1 31 51% 0 0% 1 17% 30 55% 0 0% 0 0% 0 0% 10/8/2022 1:00 PM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 1:00 PM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 1:00 PM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 1:00 PM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 1:00 PM Community Center South ( 32 76% 26 79% 2 100% 0 0% 0 0% 1 25% 3 100% 10/8/2022 1:00 PM Community Center North ( 10 23% 9 21% 1 100% 0 0% 0 0% 0 0% 0 0% 10/8/2022 1:00 PM TOTAL 116 37% 47 26% 5 36% 36 44% 24 75% 1 25% 3 75% 10/8/2022 3:00 PM Lot 2 & Lot 3 20 33% 0 0% 0 0% 5 19% 15 47% 0 0% 0 0% 10/8/2022 3:00 PM Alves Drive (Lot 4) 3 6% 3 6% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 3:00 PM Alves North 2 10 50% 10 50% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 3:00 PM Alves North 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 3:00 PM Alves South 1 5 33% 0 0% 5 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 3:00 PM Alves South 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 3:00 PM Senior Center South (Lot 1 23 38% 0 0% 2 33% 21 38% 0 0% 0 0% 0 0% 10/8/2022 3:00 PM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 3:00 PM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 427
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A-52 Memorial Park Specific Plan Date Time Zone
Total Occupancy
Total % Occupied
Regular
Regular %
Occupied
ADA
ADA % Occupied
Permit Only
Permit %
Occupied
2HR 8am‐5pm
2HR 8am‐5pm %
Occupied
EV Charging
EV % Occupied
City Vehicles
Only
City Vehicles
Only % Occupied
10/8/2022 3:00 PM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 3:00 PM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 3:00 PM Community Center South ( 38 90% 29 88% 2 100% 0 0% 0 0% 4 100% 3 100% 10/8/2022 3:00 PM Community Center North ( 30 68% 30 71% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 3:00 PM TOTAL 129 41% 72 40% 9 64% 26 32% 15 47% 4 100% 3 75% 10/8/2022 5:00 PM Lot 2 & Lot 3 36 59% 0 0% 3 100% 3 12% 30 94% 0 0% 0 0% 10/8/2022 5:00 PM Alves Drive (Lot 4) 3 6% 3 6% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 5:00 PM Alves North 2 15 75% 15 75% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 5:00 PM Alves North 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 5:00 PM Alves South 1 4 27% 0 0% 4 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 5:00 PM Alves South 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 5:00 PM Senior Center South (Lot 1 19 31% 0 0% 1 17% 18 33% 0 0% 0 0% 0 0% 10/8/2022 5:00 PM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 5:00 PM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 5:00 PM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 5:00 PM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 5:00 PM Community Center South ( 37 88% 30 91% 1 50% 0 0% 0 0% 3 75% 3 100% 10/8/2022 5:00 PM Community Center North ( 26 59% 26 62% 0 0% 0 0% 0 0% 0 0% 0 0% 10/8/2022 5:00 PM TOTAL 140 45% 74 42% 9 64% 21 26% 30 94% 3 75% 3 75%10/8/2022 AVERAGE 88 28% 48 27% 5 33% 15 18% 15 48% 2 58% 3 83% I
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Appendix A Parking Study A-53
Date Time Zone
Total Occupancy
Total %
Occupied
Regular
Regular %
Occupied
ADA
ADA % Occupied
Permit Only
Permit %
Occupied
2HR 8am‐5pm
2HR 8am‐5pm %
Occupied
EV Charging
EV % Occupied
City Vehicles
Only
City Vehicles
Only % Occupied
10/22/2022 7:00 AM Lot 2 & Lot 3 4 7% 0 0% 0 0% 0 0% 4 13% 0 0 0 0 10/22/2022 7:00 AM Alves Drive (Lot 4) 6 12% 6 13% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 7:00 AM Alves North 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 7:00 AM Alves North 1 3 30% 3 30% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 7:00 AM Alves South 1 2 13% 2 13% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 7:00 AM Alves South 2 4 40% 4 40% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 7:00 AM Senior Center South (Lot 1 1 2% 0 0% 0 0% 1 2% 0 0% 0 0% 0 0% 10/22/2022 7:00 AM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 7:00 AM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 7:00 AM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 7:00 AM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 7:00 AM Community Center South ( 1 2% 0 0% 0 0% 0 0% 0 0% 0 0% 1 33% 10/22/2022 7:00 AM Community Center North ( 1 2% 1 2% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 7:00 AM TOTAL 22 7% 16 9% 0 0% 1 1% 4 13% 0 0% 1 25% 10/22/2022 9:00 AM Lot 2 & Lot 3 11 18% 0 0% 0 0% 0 0% 11 34% 0 0% 0 0% 10/22/2022 9:00 AM Alves Drive (Lot 4) 13 26% 13 27% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 9:00 AM Alves North 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 9:00 AM Alves North 1 2 20% 2 20% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 9:00 AM Alves South 1 1 7% 1 7% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 9:00 AM Alves South 2 3 30% 3 30% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 9:00 AM Senior Center South (Lot 1 2 3% 0 0% 0 0% 2 4% 0 0% 0 0% 0 0% 10/22/2022 9:00 AM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 9:00 AM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 9:00 AM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 9:00 AM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 9:00 AM Community Center South ( 4 10% 2 6% 0 0% 0 0% 0 0% 1 25% 1 33% 10/22/2022 9:00 AM Community Center North ( 1 2% 1 2% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 9:00 AM TOTAL 37 12% 22 12% 0 0% 2 2% 11 34% 1 25% 1 25% 10/22/2022 11:00 AM Lot 2 & Lot 3 3 5% 0 0% 0 0% 0 0% 3 9% 0 0% 0 0% 10/22/2022 11:00 AM Alves Drive (Lot 4) 27 54% 27 56% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 11:00 AM Alves North 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 11:00 AM Alves North 1 1 10% 1 10% 0 0% 0 0% 0 0% 0 0% 0 0% Weekend Occupancy ‐ October 22, 2022
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A-54 Memorial Park Specific Plan Date Time Zone
Total Occupancy
Total %
Occupied
Regular
Regular %
Occupied
ADA
ADA % Occupied
Permit Only
Permit %
Occupied
2HR 8am‐5pm
2HR 8am‐5pm %
Occupied
EV Charging
EV % Occupied
City Vehicles
Only
City Vehicles
Only % Occupied
10/22/2022 11:00 AM Alves South 1 4 27% 4 27% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 11:00 AM Alves South 2 2 20% 2 20% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 11:00 AM Senior Center South (Lot 1 6 10% 0 0% 1 17% 5 9% 0 0% 0 0% 0 0% 10/22/2022 11:00 AM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 11:00 AM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 11:00 AM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 11:00 AM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 11:00 AM Community Center South ( 19 45% 16 48% 1 50% 0 0% 0 0% 1 25% 1 33% 10/22/2022 11:00 AM Community Center North ( 2 5% 1 2% 0 0% 0 0% 0 0% 0 0% 1 100% 10/22/2022 11:00 AM TOTAL 64 20% 51 29% 2 14% 5 6% 3 9% 1 25% 2 50% 10/22/2022 1:00 PM Lot 2 & Lot 3 7 11% 0 0% 0 0% 0 0% 7 22% 0 0% 0 0% 10/22/2022 1:00 PM Alves Drive (Lot 4) 10 20% 10 21% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 1:00 PM Alves North 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 1:00 PM Alves North 1 2 20% 2 20% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 1:00 PM Alves South 1 2 13% 2 13% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 1:00 PM Alves South 2 2 20% 2 20% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 1:00 PM Senior Center South (Lot 1 1 2% 0 0% 0 0% 1 2% 0 0% 0 0% 0 0% 10/22/2022 1:00 PM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 1:00 PM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 1:00 PM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 1:00 PM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 1:00 PM Community Center South ( 13 31% 12 36% 0 0% 0 0% 0 0% 0 0% 1 33% 10/22/2022 1:00 PM Community Center North ( 1 2% 1 2% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 1:00 PM TOTAL 38 12% 29 16% 0 0% 1 1% 7 22% 0 0% 1 25% 10/22/2022 3:00 PM Lot 2 & Lot 3 7 11% 0 0% 0 0% 1 4% 6 19% 0 0% 0 0% 10/22/2022 3:00 PM Alves Drive (Lot 4) 13 26% 13 27% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 3:00 PM Alves North 2 4 20% 4 20% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 3:00 PM Alves North 1 1 10% 1 10% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 3:00 PM Alves South 1 2 13% 2 13% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 3:00 PM Alves South 2 2 20% 2 20% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 3:00 PM Senior Center South (Lot 1 1 2% 0 0% 0 0% 1 2% 0 0% 0 0% 0 0% 10/22/2022 3:00 PM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 3:00 PM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% I
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Appendix A Parking Study A-55
Date Time Zone
Total Occupancy
Total %
Occupied
Regular
Regular %
Occupied
ADA
ADA % Occupied
Permit Only
Permit %
Occupied
2HR 8am‐5pm
2HR 8am‐5pm %
Occupied
EV Charging
EV % Occupied
City Vehicles
Only
City Vehicles
Only % Occupied
10/22/2022 3:00 PM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 3:00 PM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 3:00 PM Community Center South ( 34 81% 31 94% 2 100% 0 0% 0 0% 0 0% 1 33% 10/22/2022 3:00 PM Community Center North ( 15 34% 15 36% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 3:00 PM TOTAL 79 25% 68 38% 2 14% 2 2% 6 19% 0 0% 1 25% 10/22/2022 5:00 PM Lot 2 & Lot 3 25 41% 0 0% 3 100% 2 8% 20 63% 0 0% 0 0% 10/22/2022 5:00 PM Alves Drive (Lot 4) 50 100% 48 100% 2 100% 0 0% 0 0% 0 0% 0 0% 10/22/2022 5:00 PM Alves North 2 9 45% 9 45% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 5:00 PM Alves North 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 5:00 PM Alves South 1 6 40% 6 40% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 5:00 PM Alves South 2 6 60% 6 60% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 5:00 PM Senior Center South (Lot 1 1 2% 0 0% 0 0% 1 2% 0 0% 0 0% 0 0% 10/22/2022 5:00 PM Anton East 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 5:00 PM Anton East 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 5:00 PM Anton West 2 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 5:00 PM Anton West 1 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 5:00 PM Community Center South ( 35 83% 32 97% 1 50% 0 0% 0 0% 1 25% 1 33% 10/22/2022 5:00 PM Community Center North ( 27 61% 27 64% 0 0% 0 0% 0 0% 0 0% 0 0% 10/22/2022 5:00 PM TOTAL 159 51% 128 72% 6 43% 3 4% 20 63% 1 25% 1 25%10/22/2022 AVERAGE 67 21% 52 29% 2 12% 2 3% 9 27% 1 13% 1 29% 431
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Memorial Park Specific Plan B-1
Tree Inventory Report
Appendix B
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Appendix B Tree Inventory Report B-3
Tree Inventory Report. Memorial Park, Cupertino. Page 1 David J. Powers & Associates November 2022
HortScience│Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company 2550 Ninth Street Suite 112, Berkeley, CA, 94710, 925.484.0211 ● www.hortscience.com Tree Inventory Report
Memorial Park
Cupertino, CA
PREPARED FOR:
David J. Powers & Associates, Inc.
1871 The Alameda, Suite 200
San Jose, CA 95126
PREPARED BY:
HortScience | Bartlett Consulting
2250 Ninth St. Suite 112
Berkeley, CA 94710
November, 2022
Tree Inventory Report. Memorial Park, Cupertino. Page 1 David J. Powers & Associates November 2022
HortScience│Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company 2550 Ninth Street Suite 112, Berkeley, CA, 94710, 925.484.0211 ● www.hortscience.com Tree Inventory Report
Memorial Park
Cupertino, CA
PREPARED FOR:
David J. Powers & Associates, Inc.
1871 The Alameda, Suite 200
San Jose, CA 95126
PREPARED BY:
HortScience | Bartlett Consulting
2250 Ninth St. Suite 112
Berkeley, CA 94710
November, 2022
- HORT SCIENCE
w BARTLETT CONSU LTING
-
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B-4 Memorial Park Specific Plan
Tree Inventory Report. Memorial Park, Cupertino. Page 2 David J. Powers & Associates November 2022
HortScience│Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company 2550 Ninth Street Suite 112, Berkeley, CA, 94710, 925.484.0211 ● www.hortscience.com Tree Inventory Report
Memorial Park
Cupertino, CA
Table of Contents
Page
Introduction and Overview 1
Assessment Methods 1
Description of Trees 2
Suitability for Preservation 9
Tree Preservation Guidelines 11
List of Tables
Table 1. Tree condition and frequency of occurrence 3
Table 2. Tree suitability for preservation 10
Attachments
Tree Inventory Map
Tree Assessment Form
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Appendix B Tree Inventory Report B-5
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company Tree Inventory Report
Memorial Park
Cupertino, CA
Introduction and Overview
David J. Powers & Associates, Inc. in conjunction with Gates+Associates are developing a Master Plan for Memorial Park in Cupertino, CA. HortScience | Bartlett Consulting (Divisions of The F.A. The Bartlett Expert Tree Company) was asked to prepare a Tree Inventory Report for trees at this location to assist with planning and future development.
This report provides the following information:
1. An assessment of the health and structural condition of the trees within the park’s boundary area based on a visual inspection from the ground.
2. Preliminary guidelines for tree preservation during the design, construction, and maintenance phases of development.
Assessment Methods
Trees were assessed on September 2, 14, and 28, 2022. Tree assessment included trees with diameters of 4 inches or greater located within the boundaries provided by the client. The assessment procedure consisted of the following steps:
1. Identifying the tree species.
2. Tagging trees and recording locations on a map.
3. Measuring the trunk diameter at a point 54 inches above grade.
4. Evaluating the health and structural condition using a scale of 1 – 5:
5 - A healthy, vigorous tree, reasonably free of signs and symptoms of disease, with good structure and form typical of the species.
4 - Tree with slight decline in vigor, small amount of twig dieback, minor structural defects that could be corrected.
3 - Tree with moderate vigor, moderate twig and small branch dieback, thinning of crown, poor leaf color, moderate structural defects that might be mitigated with regular care.
2 - Tree in decline, epicormic growth, extensive dieback of medium to large branches, significant structural defects that cannot be abated. 1 - Tree in severe decline, dieback of scaffold branches and/or trunk; most of foliage from epicormics; extensive structural defects that cannot be abated.
5. Rating the suitability for preservation as “high”, “moderate” or “low”. Suitability for preservation considers the health, age and structural condition of the tree, and its potential to remain an asset to the site for years to come.
High: Trees with good health and structural stability that have the potential for longevity at the site.
Moderate: Trees with somewhat declining health and/or structural defects than can be abated with treatment. The tree will require more intense management and monitoring, and may have shorter life span than those in ‘high’ category.
Low: Trees in poor health or with significant structural defects that cannot be mitigated. Tree is expected to continue to decline, regardless of treatment. The species or individual may have characteristics that are undesirable for landscapes, and generally are unsuited for use areas. -
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B-6 Memorial Park Specific Plan
Tree Inventory Report. Memorial Park, Cupertino. Page 2 David J. Powers & Associates November 2022
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company Description of Trees
Five hundred sixty (560) trees representing thirty-four species were assessed (Table 1). Overall, 357 trees were in good condition, 148 were in fair condition, 53 were in poor condition, and two were dead. In general species were ornamental, non-native and commonly observed in the region. While coast redwood, coast live oak, and western sycamore are native to the area, trees were not indigenous to the site. Trees #340, 370 and 371 were located off-site but were included because their canopy overhung the western park boundary. Descriptions of each tree can be found in the Tree Assessment Form and approximate locations are shown on the Tree Inventory Map (see Attachments).
Memorial Park is a 28-acre public park with open grass fields, sports courts, pedestrian pathways, playground, amphitheater, picnic areas, and other public amenities including Quinlan Community Center and Cupertino Sports Center. The landscape varied from irrigated turf with lush redwoods to dry non-irrigated hillsides.
Coast redwood was the most common species with
191 trees (34% of the population). One hundred
eleven (111) trees were in good condition (58%) with a
full healthy crown. The remaining redwoods (42%)
were in fair (63 trees) and poor (15 trees) condition,
and trees #399 and 429 were dead. Age and size
ranged from young to mature and from 5 to 60 inches
in diameter. In general, the trees in good condition
were growing in irrigated turf (PPhoto 1). Many of the
trees in fair and poor condition were suffering from
drought stress with moderate to extreme canopy
dieback (PPhoto 2). Coast redwoods are not drought
tolerant and will show signs of water stress if
supplemental irrigation is not provided. Redwoods in
fair condition may recover from drought if adequate
irrigation is applied.
Photo 1. (above) Redwood #445
was growing in irrigated turf and was
in good condition with a full healthy
crown.
Photo 2. (right) Redwoods #360 –
364 (pictured left to right) were water
stressed and had sparse crowns.
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Appendix B Tree Inventory Report B-7
Tree Inventory Report. Memorial Park, Cupertino. Page 3 David J. Powers & Associates November 2022
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company Table 1: Tree condition and frequency of occurrence.
Memorial Park. Cupertino, CA.
Common Name Scientific Name Condition Total
Dead
(0)
Poor
(1-2)
Fair
(3)
Good
(4-5)
Red maple Acer rubrum - - - 19 19
African fern-pine Afrocarpus falcatus - - 11 9 20
Silk tree Albizia julibrissin - - - 3 3
Blue atlas cedar Cedrus atlantica 'Glauca' - - - 1 1
Deodar cedar Cedrus deodara - - 3 18 21
Red ironbark Eucalyptus sideroxylon - - 1 - 1
Raywood ash Fraxinus angustifolia 'Raywood' - - 1 4 5
Evergreen ash Fraxinus uhdei - - - 8 8
Honey locust Gleditsia triacanthos - 7 7 - 14
Leyland cypress x Hesperotropis leylandii - - 1 - 1
California black walnut Juglans hindsii - 14 2 - 16
Hollywood juniper Juniperus chinensis 'Kaizuka' - 2 3 - 5 Crape myrtle Lagerstroemia indica - - - 2 2
Crabapple Malus sylvestris - - 1 - 1
Photinia Photinia fraseri - - 2 - 2
Canary Island pine Pinus canariensis - - 2 22 24
Italian stone pine Pinus pinea - - 8 3 11
Monterey pine Pinus radiata - 1 - - 1
Scot's pine Pinus sylvestris - 2 2 - 4
Chinese pistache Pistacia chinensis - - 4 21 25
Tobira Pittosporum tobira - - 2 - 2
Western sycamore Platanus racemosa - - 1 3 4
London plane Platanus x hispanica - - 1 6 7
Purpleleaf plum Prunus cerasifera - - - 12 12
Jap. flowering cherry Prunus serrulata - 7 1 18 26
Callery pear Pyrus calleryana - - 14 46 60
Evergreen pear Pyrus kawakamii - 2 8 2 12
Coast live oak Quercus agrifolia - - 6 32 38
Holly oak Quercus ilex - - - 1 1
Southern live oak Quercus virginiana - 2 1 2 5
Coast redwood Sequoia sempervirens 2 15 63 111 191
Chinese elm Ulmus parvifolia - - 2 9 11
Mexican fan palm Washingtonia robusta - - - 1 1
Sawleaf zelkova Zelkova serrata - 1 1 4 6
Total 2 53 148 357 560
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B-8 Memorial Park Specific Plan
Tree Inventory Report. Memorial Park, Cupertino. Page 4 David J. Powers & Associates November 2022
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company Callery pear was the next most common species with 60 trees representing 10% of the population. Trees were in good (46 trees) and fair (14) condition. Most of the pears (40 trees) were located along the perimeter of a grassy field with the remainder in parking lot planting strips and scattered throughout the park. Pears were young to semi-mature in development with an average diameter of 14 inches.
Thirty-two of 38 coast live oaks
were in good condition and six
trees were fair. Age and size
ranged from young to mature
with diameters from 7 to 59
inches. Tree #338 was the
largest and most mature of the
oaks. It had a full healthy crown
and areas of decay on the trunk
and branches (Photo 3).
Japanese flowering cherries
comprised approximately 4% of the
population (26 trees). Trees were
young with an average diameter of
four inches. The cherries were in
good (18 trees) and poor (7 trees)
condition with tree #331 in fair.
Many of the cherries had marginal
leaf burn from a period of recent
high temperatures (Photo 4).
Of 26 Chinese pistaches, 21 were in good condition with four in fair condition. Trees were young to semi-mature in development with an average diameter of seven inches. In general, trees had good structure and a full round crown.
Most (91%) of the 24 Canary Island pines were in good condition (22 trees), with two in fair condition. Age and size ranged from young to mature with diameter from 8 to 28 inches. Trees had good structure and upright columnar form typical of the species.
Photo 3. (right) Coast live oak
#338 was a striking mature
tree. Despite areas of decay in
the trunk and branches, it had a
full healthy crown.
Photo 4. A recent period of high
temperatures caused leaf burn
in many of the Japanese
flowering cherries (tree #274).
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Appendix B Tree Inventory Report B-9
Tree Inventory Report. Memorial Park, Cupertino. Page 5 David J. Powers & Associates November 2022
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company Twenty-one (21) deodar
cedars were located around
the Sports Center tennis
courts. Trees were young to
semi-mature in development.
Size ranged from four to 26
inches in diameter. Most of
the cedars were in good
condition (18 trees) with three
trees in fair condition.
African fern-pines comprised
approximately 3% of the
population (20 trees). Half
(10 trees) were located
around Quinlan Community
Center and half (10 trees)
were located in the Sports
Center parking lot (Photo 5).
Trees were young to semimature with an average
diameter of 14 inches. Nine
(9) trees were in good
condition with 11 trees fair.
Nineteen (19) red maples were
located around the Veteran’s
Memorial. The maples were
young with an average diameter
of eight inches. All trees were in
good condition with a full
healthy crown.
Sixteen (16) California black
walnuts were located around the
playground. Most (14 trees)
were in poor condition with
moderate to severe twig and
branch dieback. Two trees
were in fair condition (Photo 6).
Age and size ranged from semimature to mature with diameter from 12 to 38 inches.
Honey locusts (14 trees) were
located around a group picnic
area. Trees were young with an
average diameter of seven
inches. Half (7 trees) were in
fair condition and half (7 trees)
were in poor condition with
extensive trunk wounds and
basal decay.
Photo 5. (above) African fern-pines #102 – 104 (pictured left to right) were located around Quinlan Community Center.
Tree #104 had a slightly chlorotic but full crown, while trees #102 & 103 had thinner crowns.
Photo 6. California black walnut #449 was in poor
condition with significant twig and branch dieback.
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B-10 Memorial Park Specific Plan
Tree Inventory Report. Memorial Park, Cupertino. Page 6 David J. Powers & Associates November 2022
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company Purpleleaf plums (12 trees) were in a semi-circle west of the Community Center building. The plums were in good condition with a full healthy crown. Trees were young in development with an average diameter of six inches.
Twelve (12) evergreen pears were present. Trees were young to semi-mature, and diameter ranged from five to 14 inches. Most pears were in fair (8 trees) condition with two trees in fair and poor condition respectively.
Italian stone pines were in
fair (8 trees) and good (3
trees) condition. Trees
were semi-mature to
mature in development with
an average trunk diameter
of 25 inches. Seven pines
had large codominant
stems. Tree #421 had
large heavy lateral
branches that extended
over the baseball field’s
bleachers (Photo 7).
Eleven (11) Chinese elms were located
around the west entrance to the
Community Center and along Anton
Way. Trees were in good (9 trees) and
fair (2 trees) condition. The young
trees had an average trunk diameter of
six inches.
Evergreen ashes were in good (8 trees)
condition with a vigorous full crown
(Photo 8). Trees were semi-mature to
mature in development with diameters
ranging from 14 to 38 inches. Ashes
were located around the newly filled-in
pond (6 trees) and adjacent to the
playground (2 trees).
Photo 8. Evergreen ash #276 was in
good condition and had a full
vigorous crown.
Photo 7. Italian stone
pine #421 was a
mature tree with
codominant trunks and
large lateral branches
that hung over the
baseball bleachers.
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Appendix B Tree Inventory Report B-11
Tree Inventory Report. Memorial Park, Cupertino. Page 7 David J. Powers & Associates November 2022
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company Six of seven London planes were in good condition with a full healthy crown. Tree #479 was fair condition with a slightly sparse crown. Trees were semi-mature in development with an average diameter of 14 inches.
Four (4) sawleaf zelkova were in
good condition, tree #262 was
fair, and tree #345 was poor.
Trees were semi-mature to
mature in development with
diameters ranging from 13 to 25
inches. Multiple branch
attachments arose between 5
and 8 feet on the trees. Tree
#263 was an especially beautiful
tree with a dense widespreading crown (Photo 9).
Hollywood junipers were in fair (3 trees) and
poor (2 trees) condition. The average trunk
diameter was 13 inches. Trees were small in
stature with an average height of 13 feet.
Four (4) Raywood ash were in good condition
with a full healthy crown. Tree #309 was fair
with dieback on the north side. Age and size
ranged from young to semi-mature and from 4
to 11 inches in diameter.
Southern live oaks (5 trees) were located
along Stevens Creek Boulevard. Trees were
in good (2 trees) and poor (2 trees) condition,
and tree #504 was fair. Oaks were young to
semi-mature with an average diameter of 10
inches.
Scot’s pines (4 trees) were located along
Anton Way. The average diameter was 10
inches. Trees were in fair (2 trees) and poor
(2 trees) condition and were water stressed
with small to significant needle dieback.
Four (4) western sycamore were growing in
parking lot planters. Age and size ranged
from young to semi-mature and from seven to
24 inches in diameter. Three (3) trees were
in good condition with a fully healthy crown.
Tree #353 was fair with a thin sinuous central
leader. The sycamores had large surface
roots typical of unsuitable soil conditions
(Photo 10).
Photo 9. (right) Sawleaf
zelkova #263 was a striking
tree with a dense widespreading crown.
Photo 10. Western sycamore #353 was
growing in a parking lot planter. It had a thin
sinuous central leader and large surface
roots.
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B-12 Memorial Park Specific Plan
Tree Inventory Report. Memorial Park, Cupertino. Page 8 David J. Powers & Associates November 2022
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company Three (3) silk trees were growing in a parking lot planting strip. Trees were in good condition with a full healthy crown. They were young with an average diameter of seven inches (Photo 11).
The remaining species were represented by two trees or fewer:
• Blue Atlas cedar #521 measured 12 inches in diameter and was in good condition. • Crabapple #299 was in fair condition with basal and root decay. It was 12 inches in diameter.
• Crape myrtles #322 and 323 were young and in good condition. • Holly oak #546 was in good condition with a fully healthy crown. It was semi-mature with multiple stems arising from the base.
• Leyland cypress #119 was in fair condition with small twig and branch dieback. It was semi-mature and measured 21 inches in diameter.
• Mexican fan palm #380 was mature in development. It was in good condition with a full healthy crown.
• Monterey pine #370 was in poor condition with significant twig and branch dieback. It was semi-mature with a diameter of 17 inches.
• Photinias #348 and 350 were in fair condition. The young trees had an average diameter of 5 inches.
• Red ironbark #530 was mature in development with a diameter of 31 inches. The tree was in fair condition with a history of branch failures.
Photo 11. Silk trees #19 – 21 (pictured right to left) were good young trees with a dense vigorous crown.
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Appendix B Tree Inventory Report B-13
Tree Inventory Report. Memorial Park, Cupertino. Page 9 David J. Powers & Associates November 2022
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company • Tobiras #351 and 352 were in fair condition. The young trees had a diameter of 7 inches.
The City of Cupertino protects private trees that meet certain criterion (Chapter 14.18.050), and all public trees (Chapter 14.12). According to City Ordinance 14.12, public tree is defined as park trees and street trees collectively; and park trees are defined as all woody vegetation in public parks owned by the City, or to which the public has access as a park. Based on this definition, all trees in Memorial Park are Protected.
Additionally, City Ordinance Chapter 14.18.050 protects Heritage trees in all zoning districts.
Heritage trees have an identification tag on them which designates their status (Chapter
14.18.090). Based on this designation, no tree in Memorial Park has Heritage status.
Suitability for Preservation
Before evaluating the impacts that will occur during development, it is important to consider the quality of the tree resource itself, and the potential for individual trees to function well over an extended length of time. Trees that are preserved on development sites must be carefully selected to make sure that they may survive development impacts, adapt to a new environment and perform well in the landscape. Our goal is to identify trees that have the potential for longterm health, structural stability, and longevity within the proposed development.
Evaluation of suitability for preservation considers several factors:
Tree health
Healthy, vigorous trees are better able to tolerate impacts such as root injury, demolition of existing structures, changes in soil grade and moisture, and soil compaction than are non-vigorous trees. For example, coast redwoods with a full healthy crown will tolerate impacts from construction better than redwoods that are drought stressed. Structural integrity
Trees with significant amounts of wood decay and other structural defects that cannot be corrected are likely to fail. Such trees should not be preserved in areas where damage to people or property is likely. For example, honey locust #238 had extensive trunk wounds and basal decay and had low suitability for preservation. Species response
There is a wide variation in the response of individual species to construction impacts and changes in the environment. Coast redwood, Canary Island pine, and coast live oak are tolerant of root severance and general construction impacts while California black walnut is intolerant. Callery pear and Chinese pistache are moderate in response. Tree age and longevity
Old trees, while having significant emotional and aesthetic appeal, have limited physiological capacity to adjust to an altered environment. Young to semi-mature coast live oaks would be better able to generate new tissue and to respond to change than mature oak #338.
Invasiveness
Species that spread across a site and displace desired vegetation are not always appropriate for retention. This is particularly true when indigenous species are displaced.
The California Invasive Plant Inventory Database (http://www.cal-ipc.org/paf/) lists species identified as being invasive. Cupertino is part of the Central West Floristic -
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B-14 Memorial Park Specific Plan
Tree Inventory Report. Memorial Park, Cupertino. Page 10 David J. Powers & Associates November 2022
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company Province. Of the assessed species, Mexican fan palm is moderately invasive and purpleleaf plum has limited invasiveness.
Each tree was rated for suitability for preservation based upon its age, health, structural condition, and ability to safely coexist within a development environment (Table 2). We consider trees with high suitability for preservation to be the best candidates for preservation. We do not recommend retention of trees with low suitability for preservation in areas where people or property will be present. Retention of trees with moderate suitability for preservation depends upon the intensity of proposed site changes.
Table 2: Tree suitability for preservation
Memorial Park. Cupertino, CA
High Trees in this category had good health and structural stability that have the potential for longevity at the site. Two hundred ninety-three (293) trees had high suitability for preservation: 114 coast redwoods, 34 coast live oaks, 24 Chinese pistaches, 19 red maples, 13 Japanese flowering cherries, 12 purpleleaf plums, African fern-pines #16, 17, 52, 56, 65, and 102 – 104; evergreen ashes #176, 382 – 386, 447, and 448; London planes #297, 298, 314, 329, 337, and 339; western sycamores #354 – 357; Callery pears #305 and 537, Chinese elms #488 and 489, crape myrtles #322 and 323, evergreen pears #315 and 534, Italian stone pine #484, sawleaf zelkova #261 and 263, Leyland cypress #119, Mexican fan palm #380, and Raywood ash #336.
Moderate Trees in this category have fair health and/or structural defects that may be abated with treatment. Trees in this category require more intense management and monitoring and may have shorter lifespans than those in the “high” category. One hundred seventy-two (172) trees had moderate suitability for preservation: 58 coast redwoods, 47 Callery pears, 10 African fern-pines, 10 Italian stone pines; Chinese elms #57 – 64 and 73; evergreen pears #341 – 343, 346, 347, and 349; Japanese flowering cherries #332, 375, 376, 485, and 486; sawleaf zelkovas #262, 275, and 344; silk trees #19 – 21; coast live oaks #434 and 442; Scot’s pines #469 and 487; Chinese pistache #12, London plane #479, and tobira #351.
Low Trees in this category are in poor health or have significant defects in structure that cannot be abated with treatment. These trees can be expected to decline regardless of management. The species or individual tree may possess either characteristics that are undesirable in landscape settings or be unsuited for use areas. Ninety-five (95) trees had low suitability for preservation: 19 coast redwoods, 16 California black walnuts, 14 honey locusts, 11 Callery pears, Japanese flowering cherries #69 – 72, 260, 300, 330, and 331; Hollywood junipers #473 - 475, 477, and 478; evergreen pears #547 – 550; African fern-pines #556 and 558; coast live oaks #369 and 441; photinias #348 and 350; Scots’ pines #467 and 468; crabapple #299, Monterey pine #370, Raywood ash #309, sawleaf zelkova #345, tobira #352, and western sycamore #353.
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Appendix B Tree Inventory Report B-15
Tree Inventory Report. Memorial Park, Cupertino. Page 11 David J. Powers & Associates November 2022
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company Tree Preservation Guidelines
The goal of tree preservation is not merely tree survival during development but maintenance of tree health and beauty for many years. Trees retained on sites that are either subject to extensive injury during construction or are inadequately maintained become a liability rather than an asset.
The response of individual trees depends on the amount of excavation and grading, care with which demolition is undertaken, and construction methods. Coordinating any construction activity inside the TREE PROTECTION ZONE can minimize these impacts.
The following recommendations will help reduce impacts to trees from development and maintain and improve their health and vitality through the clearing, grading and construction phases.
Tree Protection Zone
1. A TREE PROTECTION ZONE shall be identified for each tree to be preserved on the Tree Protection Plan prepared by the project arborist.
a. Fence all trees to be retained to completely enclose the TREE PROTECTION ZONE prior to demolition, grubbing or grading. Fences shall be 6 ft. chain link with posts sunk into the ground or equivalent as approved by the City.
b. Fences must be installed prior to beginning demolition and must remain until construction is complete.
c. No grading, excavation, construction, or storage or dumping of materials shall occur within the TREE PROTECTION ZONE.
d. No underground services including utilities, sub-drains, water, or sewer shall be placed in the TREE PROTECTION ZONE.
Design recommendations
1. Plot accurate locations of all trees to be preserved on all project plans. Identify the TREE PROTECTION ZONE for each tree. Focus on preserving trees that have high suitability for preservation.
2. Plan for tree preservation by designing adequate space around trees to be preserved. This is the TREE PROTECTION ZONE: No grading, excavation, construction, or storage of materials should occur within that zone. Route underground services including utilities, sub-drains, water, or sewer around the TREE PROTECTION ZONE. For design purposes, the TREE PROTECTION ZONE trees shall be defined as the tree dripline.
3. Consider the vertical clearance requirements near trees during design. Avoid designs that would require pruning more than 20% of a tree’s canopy.
4. All plans affecting trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, grading plans, drainage plans, utility plans, and landscape and irrigation plans.
5. Tree Preservation Guidelines prepared by the Consulting Arborist, which include specifications for tree protection during demolition and construction, should be included on all plans.
6. Do not lime the subsoil within 50’ of any tree. Lime is toxic to tree roots.
7. As trees withdraw water from the soil, expansive soils may shrink within the root area.
Therefore, foundations, footings, and pavements on expansive soils near trees should be designed to withstand differential displacement.
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B-16 Memorial Park Specific Plan
Tree Inventory Report. Memorial Park, Cupertino. Page 12 David J. Powers & Associates November 2022
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company Pre-demolition and pre-construction treatments and recommendations
1. The demolition and construction superintendents shall meet with the Consulting Arborist before beginning work to review all work procedures, access routes, storage areas, and tree protection measures.
2. Fence all trees to be retained to completely enclose the TREE PROTECTION ZONE prior to demolition, grubbing or grading. Fences shall be 6 ft. chain link with posts sunk into the ground or equivalent as approved by the City.
3. Fences are to remain until all grading and construction is completed.
4. Tree(s) to be removed that have branches extending into the canopy of tree(s) or located within the TREE PROTECTION ZONE of tree(s) to remain shall be removed by a Certified Arborist or Certified Tree Worker and not by the demolition contractor. The Certified Arborist or Certified Tree Worker shall remove the trees in a manner that causes no damage to the tree(s) and understory to remain. Stumps shall be ground below grade.
Summary
Five hundred sixty (560) trees representing thirty-four species were assessed. Coast redwood was the most common species with 191 trees (34% of the population). Tree condition varied by species. Overall, 357 trees were in good condition, 148 were in fair condition, 53 were in poor condition, and two were dead. Trees age ranged from young to mature in development. Tree size ranged from 4 inches to 60 inches in diameter with an average of 17 inches.
In general, trees that are the best candidates for preservation are those in good condition with good to moderate suitability for preservation (354 trees). Trees in poor health with low suitability for preservation (55 trees) should be considered for removal. If trees are to be retained, it is imperative to provide sufficient irrigation to relieve the current water-stress of the coast redwoods.
Maintenance of impacted trees
Preserved trees will experience a physical environment different from that pre-development. As a result, tree health and structural stability should be monitored. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. In addition, provisions for monitoring both tree health and structural stability following construction must be made a priority.
Inspect trees annually and following major storms to identify conditions requiring treatment to manage risk associated with tree failure.
Our procedures included assessing trees for observable defects in structure. This is not to say that trees without significant defects will not fail. Failure of apparently defect-free trees does occur, especially during storm events. Wind forces, for example, can exceed the strength of defect-free wood causing branches and trunks to break. Wind forces coupled with rain can saturate soils, reducing their ability to hold roots, and blow over defect-free trees. Although we cannot predict all failures, identifying those trees with observable defects is a critical component of enhancing public safety.
Furthermore, trees change over time. Our inspections represent the condition of the tree at the time of inspection. As trees age, the likelihood of failure of branches or entire trees increases.
Annual tree inspections are recommended to identify changes to tree health and structure. In addition, trees should be inspected after storms of unusual severity to evaluate damage and structural changes. Initiating these inspections is the responsibility of the client and/or tree owner.
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Appendix B Tree Inventory Report B-17
Tree Inventory Report. Memorial Park, Cupertino. Page 13 David J. Powers & Associates November 2022
HortScience | Bartlett Consulting, Divisions of The F. A. Bartlett Tree Expert Company HortScience | Bartlett Consulting
Brenda Wong
Consulting Arborist and Urban Forester
ISA Certified Arborist WE12933A
ISA Tree Risk Assessment Qualified
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B-18 Memorial Park Specific Plan
If you have any questions regarding my observations or recommendations, please contact me.
HortScience | Bartlett Consulting
Attachments
Tree Inventory Map
Tree Assessment Form
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Appendix B Tree Inventory Report B-19
Tree Inventory MapMemorial ParkCupertino, CA
Prepared For:David J. Powers &Associates, Inc.1871 The Alameda, Suite 200San Jose, CA 95126October 2022 2550 Ninth Street, Suite #112Berkeley, California 94710Phone 925.484.0211Fax 925.484.0596 Ann Arbor Ct
Christensen Dr
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Esri Community Maps Contributors, City of Cupertino, City of San Jose, County of Santa Clara, California State Parks, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, Santa Clara County, Maxar, Microsoft
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Tree Inventory Map
Memorial Park Specific Plan Memorial Park Cupertino, CA Prepared For: David J. Powers & Associates, Inc. 1871 The Alameda, Suite 200 San Jose, CA 95126 October 2022 2550 Ninth Street, Suite #112Berkeley, California 94710Phone 925.484.0211Fax 925.484.0596 Memorial Park
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Esri Community Maps Contributors, City of Cupertino, City of San Jose, County of Santa Clara, California State Parks, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, Santa Clara County, Maxar, Microsoft
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Appendix B Tree Inventory Report B-21
Tree Inventory MapMemorial ParkCupertino, CA
Prepared For:David J. Powers &Associates, Inc.1871 The Alameda, Suite 200San Jose, CA 95126October 2022 2550 Ninth Street, Suite #112Berkeley, California 94710Phone 925.484.0211Fax 925.484.0596 Mary Ave
Senior Center
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B-22
Tree Inventory Map
Memorial Park Specific Plan Memorial Park Cupertino, CA Prepared For: David J. Powers & Associates, Inc. 1871 The Alameda, Suite 200 San Jose, CA 95126 October 2022 2550 Ninth Street, Suite #112Berkeley, California 94710Phone 925.484.0211Fax 925.484.0596 Christensen Dr
Fenway Ct
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Esri Community Maps Contributors, City of Cupertino, City of San Jose, County of Santa Clara, California State Parks, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, Santa Clara County, Maxar, Microsoft
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Appendix B Tree Inventory Report B-23
Tree Inventory MapMemorial ParkCupertino, CA
Prepared For:David J. Powers &Associates, Inc.1871 The Alameda, Suite 200San Jose, CA 95126October 2022 2550 Ninth Street, Suite #112Berkeley, California 94710Phone 925.484.0211Fax 925.484.0596 Congress Pl
Freedom Dr
Anton Way
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Teen Center
Anton Way
S tevens Creek Blvd
S tevens Creek Blvd
United Pl
Senate Way
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B-24 Memorial Park Specific Plan TREE SPECIES TRUNK PRO- CONDITION CANOPY TREE SUITABILITY COMMENTS No. DIAMETER TECTED 0=dead SPREAD HEIGHT for (in.) TREE 5=excel- (est. feet) (est. feet) PRESERVATION ? lent 1 Callery pear 20 Yes 3 25 45 Moderate Surface roots; poor structure; multiple attachments @ 6’; 25.
2 Coast redwood 25 Yes 3 70 22 High Surface roots; good upright form & structure; small leaf dieback.
3 Coast redwood 22 Yes 3 70 24 High Surface roots; good upright form & structure; small leaf dieback.
4 Coast redwood 23 Yes 3 70 24 High Surface roots; good upright form & structure; small leaf dieback.
5 Coast redwood 22 Yes 2 70 24 Low Surface roots; good upright form & structure; significant canopy dieback.
6 Coast redwood 21 Yes 3 70 25 High Surface roots; good upright form & structure; small leaf dieback.
7 Coast redwood 25 Yes 3 70 26 High Surface roots; good upright form & structure; small leaf dieback.
8 Coast redwood 24 Yes 3 70 26 High Surface roots; good upright form & structure; small leaf dieback.
9 Coast redwood 24 Yes 3 70 26 High Surface roots; good upright form & structure; small leaf dieback.
10 Callery pear 18 Yes 3 25 28 Moderate Surface roots; poor structure; multiple attachments @ 6’.
11 Coast redwood 11 Yes 4 30 18 Moderate Surface roots; good upright form & structure; small leaf dieback.
12 Chinese pistache 8 Yes 4 20 30 Moderate Large surface roots; good structure; full healthy crown.
Tree Assessment Memorial Park Cupertino CA
October 2022