Reso 6810U-2015-06
CITY OF CJPIERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6810
OF THE PLANNING COMMISSION OF THE CITY OF CJPIERTINO RECOMMENDING APPROVAL
OF A USE PERMIT TO ALLOW A 24-HOUR HOTEL, INCLUDING A RESTAURANT WITH A
SEPARATE BAR LOCATED AT 10122 BA10 DL EY DRIVE AND 10145 NORTH DIE ANZA BOULEVARD
SECTION f: PROTECT DESCRIPTION
IPTION
Application No.: 1U-2015-06
Applicant: Any Chan
Property Owner: De Anza Venture, LLC
Location: 10122 Bandley Drive and 10145 North De Anza Boulevard
(APP# 326-34-043 and 326-34-066)
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
as described in Section L of this Resolution; and
WHEREAS, the (Environmental Review Committee has recommended adoption of a Mitigated Negative
Declaration; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the ]Manning Commission has ]held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the ([Manning Commission finds as follows with regard to this application:
a) The proposed development, 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;
Given that the project is consistent with the General Plan, Zoning Ordinance, and the Heart of the City
Specific Plan, the project 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.
b) The proposed development will be located and conducted in a manner in accord with the Cupertino
General ]flan and the purpose of the City's zoning ordinances.
The proposed development is in conformance with the Cupertino General Plan and Municipal Code
Requirements since the Project is consistent with the existing land use designations (Commercial, Office,
Resolution No. 6810 U-2015-06 July 26, 2016
Residential), Municipal Code requirements, including but not limited to, parking regulations and hours of
operations. A condition has been added that requires the separate bar to operate within 7:OOam to 11:OOpm and
consistent with the City regulations.
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,:
The application for a Tree Removal Permit, Application no. U-2015-06 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-2015-06 as set forth in
the Minutes of Planning Commission Meeting of July 26 26, 2016, 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 on June 2, 2016 consisting 134 sheets
labeled as "Marina Plaza the urban village" consisting of 134 sheets labeled as T.1 to T.9, C1.0 to
C5.21 R-1 to R-2, JT -1 to JT -3, A.0 to A.65, PM -1 to PM -3, SL -1 to SL -3, E-1 to E-2, and L0.02 to L5.02,
drawn by Dahlin Group, VER Consultants, RGA, Bruce Jett Associates, Coffman Engineers. Inc,
Emerald City Engineer, Inc. Beyond Efficiency Inc, and RGD Acoustic, 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 -2015-05, ASA -2015-22, TR -2016-14, EXC-2016-
03, and EXC-2016-05 shall 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. USE APPROVAL AND PROTECT AMENDMENTS
Approval is hereby granted to allow a 24-hour hotel operation including a restaurant with separate
bar. The Planning Commission shall review amendments to the project considered major by the
Director of Community Development.
Resolution No. 6810 U-2015-06 July 26, 2016
6. HOURS OF OPERATION FOR SEPARATE BAR
The separate bar shall operate within the hours of 7o00am and 11o00pm. In the event the Applicants
seeks to have the separate bar operate in late evening activities, activities from the period of 11e00pm
to 7o00am, then the Applicant shall be required to obtain permits consistent with the Cupertino
Municipal Code.
7. MAXIMUM LENGTH OF HOTEL EL STAYS
Hotel stays shall be limited to a maximum of 30 days per reservation.
8. SHUTTLE SERVICES
The hotel shall provide airport and local shuttle services for hotel guests in order to minimize traffic
and parking impacts,
9. SECURITY PLAN
The applicant shall develop a comprehensive security plan for the entire hotel development, and
shall be reviewed and approved by the City and the County Sheriff's Office prior to final occupancy.
10. 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 Department at the time of the incident.
11. USE PERMIT R EVI EW/ADDITIONAL RESTRICTIONS
If complaints have been received related to the tenant(s) under this use permit, and the complaints
were not addressed immediately by the property management, then the ]Planning Commission shall
conduct a public hearing on the use permit at which time, the use permit approval may be modified
orrevoked.
The City reserves the right to require additional security patrols and/or parking restrictions as
prescribed by the Sheriff's Office.
12. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments ani/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.
13. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified 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. 6810 U-2015-06 July 26, 2016
14. 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 July 2016, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS: Chair Takahashi, Vice Chair Gong, Paulsen
NOES:
COMMISSIONERS: Lee
ABSTAIN:
COMMISSIONERS: Sun
ABSENT:
COMMISSIONERS:
ATTEST: APPROVED:
Benjamin Fu
Assist. Director of Community Development
Alan Takahashi, Chair
Planning Commission