Reso 6756 U-2014-04
CITY OF CUPERTINO ` -
� 10300 Torre Avenue `
Cupertino, California 95014
; RESOLUTION NO.6756; : ;
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OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
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OF A USE PERMIT TO ALLOW A 24=HOUR HOTEL,INCLUDING A RESTAURANT WITH INTERIOR
, : SAR LOCATED.AT 10380 PERIMETER ROAD _:` - ;
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SECTION,I: PROTECT DESCRIPTION
Application`No.`' U-2014-04 � ,
Applicant: Edward Chan
Property Owner: : Cupertino Property,Development II;,LLG
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Location: 10380 Perimeter Road (APN 316-20-092)
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the Plannulg Coxmnission of the.City of Cupertino,received an application for a Use Permit
as described.in Section I. of this Resolution;and
� WHEREAS 'the Environmental Review Coinn�ittee has recommerided ado tion of a Miti ated Ne afive
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Declaration; arid ; ;
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinarice of
the City of Cupertino, and the Planizulg Coininission has held at least one public hearing in regard to
the application; and
WI=IEREAS;'tlie applicant has met the burden of proof required'to support�said application; and '
WHEREAS,the`Plann;ng Commission finds;as follows with r,egard to this applicafion: ;
a) The proposed development, at the proposed location;. will �not be detrimental or injurious to
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property or improvements in the vicinity,_and will not be detrimental fo the public-health, safety,
general welfare, or convenience; � -
Given that the p��oject is consistent with the General Plan,2oning Ordinance, Heart of the City Specific Plan,
arid the South Vallco Master Plan; is over 300 feet'azaay fr�orti any existing:or planned residential uses and
other sensitive receptors;'the p�roject will not be detrimental'or injurious to property or impl�ovements:in the
vicinity, and zvill not be detri�nental to the public health, safety,,general welfare, or convenience.
b) The proposed development will be Iocated and.conducted.in,a`manner in accord with the'Cupertino
General Plan and the purpose of the City's zoriing ordinances. `
�� The proposed development is in conformance with the General Plan Land Use Map of the City of Cupertino,
since at is consistent with the existing land use designataon�(Commercial/Residential). In addition, the design
is consastent with General Plan and Heart of tlie City Specific Plan'policies that encourage development to
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Resolution No 6756 U-2014-04 August 26,2014
activate streetscapes and create community gathering places. General Plan Policy 2-92 supports late night �
hours since the building is located a considerable distance from residential areas.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
A Mitigated Negative Declaration (Application no. EA-2014-06) is hereby recommended for adoption;
and the application for a Use Permit, Application no. U-2014-04 is hereby recommended for approval 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. U-2014-04 as set forth in the Minutes
of Planning Commission Meeting of August 26, 2014, and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received August 13, 2014 consisting of 47 sheets
labeled A-0.0 to A-0.3, C-1.0 to C-5.0, C-5.1, C-6.0, L-1 to L-5, A-1.0 to A-1.4,A2.0 to A-2.6, A-3.0 to A-
3.8, A-4.0 to A-4.2, A-5.0, A-6.0, A-6.1, E-0.1, and E-1.0 to E-1.2, entitled, "Hyatt House, Cupertino 4
California, Wolfe Road & Interstate 280," drawn by Gene Fong Associates, Sandis, Bruce jett
Associates, and Emerald City Engineers, Inc.; except as may be amended by conditions in this
resolution.
2. ACCURACY OF PROjECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2014-04, ASA-2014-06, EXC-2014-07, TR-2014-
28, and TR-2014-40 shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
5. RESTAURANT AND BAR OPEN FOR PUBLIC USE
Per Planning Commission direction, the restaurant and bar shall remain open to the public.
6. USE APPROVAL AND PROTECT AMENDMENTS �
Approval is hereby granted to allow a 24-hour hotel operation including a restaurant with interior
bar. The Planning Commission shall review amendments to the project considered major by the
Resoliitiori No 6756 iJ-2014-04 August 26,2014
Director of Community Developmerif. `
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7. ,:MAXIMTJM LENGTH OF.HOTEL STAYS >
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Hotel stays shall be,limited to a maximuxn of 30 days per reservation.
8. ` SHTJTTLE SERVICES ,
�'� "The hotel shalt prov,ide airporf and local shuttle services for hotel guests in order to minimize fraffic
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arid parkirig:i.rnpacts. . ,
9. ODOR ABATEMENT SYSTEIVI' -
, , If, odor impacts from food use or other odor-generating uses become a nuisance in,the future as
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, de.fermined 'by tlie Gommunity, Development"Director. (typically if five or more complaints are'
received within a '12-month periodj; :the property owner'shall'install odor:abatement:systems;to
reduce odor impacts to the adjacent community. Detailed plans shall be reviewed and approved by
fhe Community Development Department.
10. SECURITY PLAN
The applicant shall develop a comprehensive securify plan,for the entire,hotel;development; and
shall be reviewed'and approved by the City and the County Sheriff's Office�rior to final occu�anc�
11. LAW ENFORCEMENT SUPPORT
The property owner shall pay for any additional Sheriff enforcement time resulting from
� documented incidents resulting at the project site at the City's contracted hourly rate with the
�,;� Sheriff Depart�nent at the ti.me of fihe incident.: �
12. USE PEIZMIT REVIEW/ADDITIONAL RESTRICTIONS
If complainfs have been reeeived related to'the tenant(s) underi this use permit, and the complaints
were not addressed irrunediately by the property managemenf, then the Plai�u-Luzg Commission shall
conduct a public hearing on the use permit at which time, the use permit approval may be modified
� or revoked.
The City reserves the rigllt fo require additional security patrols and/or parking restrictions as
prescribed by the Sheriff's Office.
13. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
14. INDEMNIFICATION
To the extent perxnitted by law, the Applicant shall indeiYulify and hold harmless the City, its City
Council, its officers, employees and agents (the "indeiruzified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to'
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
�� including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred,in
defense of the litigation. The City may, in its sole discretion, elect to defend any such'action with
attorneys of its choice.
Resolution No 6756 U-2014-04 August 26,2014
15. 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 26th day of August, 2014, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS:Gong, Sun, Takahashi
NOES: COMMISSIONERS:Chair Brophy,Vice Chair Lee
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
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h Paul Brophy, C 'r
Assist. Director of Community Development Planning Co 's n
G:\Plann ing\PDREPORT\RES\2014\DP-2014-04 res.doc �