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Reso 6042 O 1-U-00 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6042 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE DEMOLITION OF A VACANT RESTAURANT AND THE CONSTRUCTION OF UP TO A 45,000 SQUARE FOOT, 77-ROOM HOTEL AT 20128 STEVENS CREEK BOULEVARD � � 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 i 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 IComprehensive 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 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 O 1-U-00 set forth in the Minutes of the Planning Commission Meeting of June 26, 2000 and July 10, 2000, and are incorporated by reference as though fully set forth herein. i i Resolution No. 6042 O1-U-00 July 10,2000 Page 2 SECTION II: PROJECT DESCRIPTION Application No.: O 1-U-00, 02-EA-00 Applicant: Pinn Brothers Property Owner: Pinn Brothers Location: 20128 Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. i 1.APPROVED EXHIBITS � The recommendation of approval is based on Ea�hibits titled " Development Plan, Adobe Inn, 20128 Stevens Creek Boulevard, Cupertino, California" consisting of 8 sheets numbered l, 2,2.a, 3, 4, 5, L1 & C 1, except as may be amended by the Conditions contained in this Resolution and including the provision of 82 parking stalls. 2. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity which disturbs soil. � 3. BICYCLE PARKING The applicant shall install 4 Class II bicycle parking facilities in accordance with the City's Parking Ordinance. ` 4. DEMOLITION REQUIREMENT , All existing structures on the site shall be removed prior to or concurrently with project construction. The developer shall assume the responsibility to obtain all required demolition permits in accordance ' with City Ordinances. 5. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of up to 77 hotel rooms from the hotel development allocation ` pool of the Retail Commercial Development Priorities Table of the Cupertino General Plan. I � 6. PEDESTRIAN INGRESS/EGRESS EASEMENT The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney and providing for the benefit of the abutting residential parcel to the rear of the subject parcel, an easement for pedestrian ingress and egress from the benefitting parcel to � Stevens Creek Boulevard. Resolution No. 6042 O1-U-00 July 10,2000 Page 3 7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Proj ect 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 fiuther 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. i � 8. INCREASED SIDE (EAST) AND FRONT BUILDING SETBACKS The approved plans shall be revised to increase the east side building setback to 15 feet minimum across the entire building length. The front building setback shall be increased a minimum additional 13.5 feet to 58.5 feet away from the face of the curb to address general plan design policy, reduce visual mass and provide adequate garbage service area and circulation. Additional front setback up to another 11.5 feet may be required by the Commission to address driveway ramp design and safety issues. 9. RECYCLING FACILITIES � The developer shall make provisions for recycling facilities which shall be in accordance with Chapter 19.81 of the C.M.C. 10. ADDITIONAL DESIGN REVIEW REQUIREMENT This approval is conditioned on the requirement of Architectural and Site Approval (ASA) of vaxious � design details which shall include a final landscape plan, review of building materials, window offsets, cross pedestrian access, driveway ramp details, entry sizes and garbage service area. Other design details may be added to the ASA as needed. 11. CUPERTINO SANITARY DISTRICT APPROVAL The project significantly affects surrounding sanitary sewer facilities. The applicant shall participate in a flow study to determine feasibility for sanitary service to the site. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 12. STREET IMPROVEMENTS Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 13. 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. 14. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as t 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. Resolution No. 6042 O1-U-00 July 10,2000 Page 4 --------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- 15. FIRE HYDRANT Fire hydrants shall be located as required by the City. 16. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 17. 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. � 18. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 19. 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. No increase of storm run-off is allowed. 20. UNDERGROUND 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 plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 21. 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: $ 926/acre+ ($70*No. of hotel rooms) d. Power Cost: $ 75.00 per street light e. Map Checking Fees: N/A £ Park Fees: N/A g. Grading Permit: $ 6% of on-site improvement Cost or$460.00 min Resolution No. 6042 O1-U-00 July 10,2000 Page 5 -The fees described above are imposed based upon the cunent 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. 22. 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. 23. 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. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conform to generally accepted engineeri�practices. � Be Viskovic City Enginee PASSED AND ADOPTED this 10`" day of July 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, Doyle, Kwok, Stevens and Chair Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: � � � . � ��� Steve Piasecki Andrea Harris, Chair Director of Community Development Cupertino Planning Commission g/planning/res/res01 u00