Reso 4878 15-U-96 (Mod.)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4878
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO REVISE A PARKING PLAN OF AN
APPROVED HOTEL AND APPROVAL OF THE LANDSCAPING PLAN. DIRECTOR'S
REFERRAL OF MINOR MODIFICATION IN ACCORDANCE WITH CHAPTER 19.132 OF THE
CUPERITNO MUNICIPAL CODE.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit Modification, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and cond�cted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby recommended for approval, subject to the conditions
which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application No. 15-U-96 (Mod.), as set forth in
the Minutes of the Planning Commission Meeting of October 27, 1997, and are incorporated by
reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 15-U-96 (Mod.)
Applicant: Sandhill Properties (Tandem)
Location: 10741 N. Wolfe Road
Resolution No. 4878 15-U-96 (Mod.) October 27, 1997
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets 1 dated 8/27/97, L 1 and L 1.2 dated 6/30/97, L2 dated 9/03/97, except
that there shall be substitute trees for the palm trees, subject to staff approval, and ash trees shall be
substituted for the American Sweetgums on the north property line.
2. TREE PROTECTION
Tree # 172 (redwood) shall be protected based on an arborist's recommendation to save it.
3. PARKING
The overflow parking agreement shall provide enough spaces for 171 rooms, less the on-site
spaces.
4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 27th day of October, 1997, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Doyle, Roberts and Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Mahoney
ATTEST: APPROVED:
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Robert S. Cowan Andrea B. Harris, Chairperson
Director of Community Development Cupertino Planning Commission
g:pdreport/res/res 15u