Reso 6033 5-U-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6033
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A NEW 224 ROOM,
130,580 SQUARE FOOT HOTEL, RESTAURANT, AND BAR ON A VACANT PARCEL AT
LOT 6, TRACT 7953, CUPERTINO CITY CENTER
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, 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 conducted in a manner in accord with the Cupertino
Comprehensive General Plan, as amended, and the purpose of this title.
3) The hotel fulfills Policy 2-2 of the General Plan by creating a community focal point that serves
City residents and is scaled for pedestrians. It fulfills Policy 2-3 by providing a full-service hotel.
� 4) The hotel fulfills the Heart of the City goals of creating a high quality and district community image
and a functional and vibrant heart for Cupertino.
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. 5-U-00 as set forth in the Minutes of the
Planning Commission of June 12, 2000, and are incorporated by reference as though fully set forth herein.
Resolution No. 6033 5-U-00 June 12, 2000
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SECTION II: PROJECT DESCRIPTION
Application No.: 5-U-00
Applicant: Kimpton Hotel & Restaurant Group
Location: Lot 6, Tract 7953, Cupertino City Center
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
Approval is based on Sheets C-1 and Sheets L1.2, Site Plan, Floor Plans (4), Elevations (4), Walls
Details, Sections (3), Rendering all dated June 5, 2000, Colored Elevation and submitted material
board except as amended by conditions contained in this Resolution.
2. WINDOW MATERIALS
Window lintels and sills shall consist of hard-troweled foam.
3. PARKING MANAGEMENT PLAN
A parking management plan shall be prepared by the applicant and approved by staff prior to final
' occupancy that describes the parking system used by hotel guests, restaurant customers, staff and valet
parking. The purpose of the study is to ensure that guests/customers will not have parking problems or
' undue parking costs because of the on-site parking shortage.
4. SECURITY PLAN FOR PARKING GARAGE
� A securit lan for the arkin ara e shall be re ared b the a licant and a roved b the Sheriff's
Y P P g g g P P Y PP pP Y
� Department prior to occupancy.
5. ARCHITECTURAL AND SITE APPROVAL
� The outdoor patio hedge area, all outdoor lighting, balconies, awnings, landscape pots (including
landscaping in the upper parking garage), the water feature, paving design and materials, and
sidewalks/landscaping along Cali Avenue shall receive architectural and site approval from the
Planning Commission prior to issuance of building permits. The lower tower elements shall have
� more substantial bands.
� 6. SIGNS
� The sign locations and design are not included in this approval. Signs shall receive architectural and
site approval and a sign exception, if applicable, prior to construction.
7. CALI ROAD AND ENTRYWAY
' That portion of Cali Road that terminates adjacent to the rear of APN 369-01-001 shall be abandoned.
� There shall be no parking on Cali Road or the private entry courtyard. Short-term loading is allowed.
� 8. TREE PROTECTION
An arborist's report shall be prepared that will assess the acacia trees at the rear of APN 369-01-001 to
determine if they can retained due to their close proximity to the parking structure. If they can not be
retained, the report shall analyze the possibility of receiving permission to remove and replace them
Resolution No. 6033 5-U-00 June 12, 2000
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with trees more appropriate to the narrow planting space. If permission is not granted, the applicant
shall provide climbing plants along the face of the parking structure.
9. SHARED PARKING AGREEMENT
A grant of easement for parking and amendment to the CC & R's shall be submitted with the building
permit for use of parking spaces in the below-grade parking structure located on the adjoining parcel
located to the East. The text of the easement shall be approved by staff, after City Attorney review.
10. FOUR SEASONS PLAZA
Amend the June 26, 1997, License Agreement between the Cupertino City Center Owners Association
and the City of Cupertino to incorporate a new Exhibit A, which is the map depicting the Property
involved in the agreement. The new Exhibit shall accurately reflect the proposed lot line adjustment.
The recordation of this Agreement shall be in conjunction with the Lot Line Adjustment recordation
for this project. The text of the amended Agreement shall be approved by City staff, after City Attorney
review.
11. SOLID WASTE DISPOSAL
The developer shall make provisions for recycling facilities, which shall be accessible to the Los Altos
Garbage Company. The recycling and garbage areas shall reviewed and approved in writing by the Los
Altos Garbage Company prior to issuance of building permits.
�_. LOT LINE ADJUSTMENT REQUIRED
The lot line adjustments depicted in the plan set are required to be recorded prior to the issuance of a
building permit.
13. SANITARY DISTRICT
Prior to obtaining a building permit, the applicant shall pay for the appropriate mitigation costs to
provide the required capacity and shall enter into a reimbursement agreement with the District for
reimbursement by other property owners for other than their proportionate share.
14. AMENITY SPACE
Amend the Agreement for the amphitheater and pool located on parcel #23 to allow use by the hotel
guests. The Agreement shall be provided with the building permit. The Agreement wording shall be
approved by staff, after review by the City Attorney and recorded in conjunction with the building
permit.
15. BICYCLE STORAGE
A plan for bicycle storage shall be provided, approved by staff, prior to issuance of building permits.
16. 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 exaction's. 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 exaction's. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and other exaction's,
Resolution No. 6033 5-U-00 June 12, 2000
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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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
17. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
18. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
19. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall
be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and
shall be no higher than the maximum height permitted by the zone in which the site is located.
�
20. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
21. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
22. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City
in accordance with Ordinance No. 125.
23. GRADING �
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of
the Cupertinu Municipal Code.
24. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed
necessary by the City Engineer. Development in all other zoning districts shall be served by on site
storm drainage facilities connected to the City storm drainage system. If City storm drains are not
available, drainage facilities shall be installed to the satisfaction of the City Engineer.
25. LJNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and
other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected
utility providers for installation of underground utility devices. The developer shall submit detailed
Resolution No. 6033 5-U-00 June 12, 2000
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plans showing utility underground provisions. Said plans shall be subject to prior approval of the
affected Utility provider and the City Engineer.
26. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino providing
for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to
issuance of construction permits.
Fees:
a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1,975.00 minimum
b. Development Maintenance Deposit: $ 3,000.00
c. Storm Drainage Fee: $2,420/acre
d. Power Cost: $75.00/ street light
e. Map Checking Fees: N/A
f. Park Fees: N/A
g. Grading Permit: $ 6% of on-site improvement Cost or $460.00
min.
' h. Street Improvement Reimbursement: $ 6,750.00
� i. Pedestrian Crossing Reimbursement: See item—30. Not to exceed $60,000.00 for both
the hotel and apartment projects
I
The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposed herein may be modified at the time of recordation of a final map
� or issuance of a building permit in the event of said change or changes, the fees changed at that time
!
will reflect the then current fee schedule.
27. TRANSFORMERS
' Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be
screened with fencing and landscaping or located underground such that said equipment is not visible
from public street areas.
i 28. DEDICATION OF WATERLINES
The developer shall execute a quitclaim deed for underground water rights to San Jose Water and shall
' reach an agreement with San Jose Water Company for water service to the subject development.
�
29. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board,
for construction activity which disturbs soil. BMP plans shall be included in your grading and street
improvement plans.
30. PEDESTRIAN CROSSING
Developer to contribute twenty-five percent (25%) of the total cost of Architectural and Pedestrian
Crossing Project at intersection of Stevens Creek Blvd. and De Anza Blvd.
Resolution No. 6033 5-U-00 June 12, 2000
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" GRADING
In conjunction with the grading permit the applicant shall submit a path-of-travel for the trucks leaving
the site and hours of operation. The hours of operation shall be non-peak.
PASSED AND ADOPTED this 12th day of June, 2000, at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Kwok
NOES: COMMISSIONERS: Chairperson Harris
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle, Stevens
ATTEST APPROVED:
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Steve iasecki Andrea Harris, Chairperson
' Director of Community Development Cupertino Planning Commission
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' g/planning/pdreport/res5u006-12-00