Reso 6834U-2017-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6834
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW A SEPARATE BAR AND HOURS OF
OPERATION PAST 11PM AT A HOTEL RESTAURANT (MARRIOTT), LOCATED
WITHIN THE MAIN STREET CUPERTINO MIXED USE DEVELOPMENT
LOCATED AT 19429 STEVENS CREEK BOULEVARD
SECTION I• PROTECT DESCRIPTION
Application No.: U-2017-04
Applicant: Marc Dimalanta (Marriott Hotel)
Location: 19429 Stevens Creek Blvd. (Main Street Cupertino)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one public
hearing in regard to the application; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant has met the burden of proof required to support said application;
and
WHEREAS, the Planning Commission finds as follows with regard to this application:
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;`
The restaurant is located in the South Vallco Special Area of the Heart of the City Specific Plan
Area which is envisioned to serve as a gathering place that supports the creation of a Main-
Street/downtown like environment. The vision for the area and project site encourages commercial
and retail use, with supportive residential. development. In addition, the applicant is required to
adhere to the City of Cupertino's Noise Ordinance, Chapter 10.48: Community Noise Control.
Therefore, the proposed use will not be detrimental to the public health, safety, and welfare.
Resolution No. 6834 U-2017-04 June 13, 2017
2. The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning regulations,
and the purpose of this title and complies with the California Environmental Quality Act
(CEQA).
The proposed use complies with the Cupertino General Plan and Municipal Code requirements,
including but not limited to, parking regulations, hours of operation and security measures. The
conditions of approval furthermore ensure that the use is conducted in a manner that is consistent
with the Cupertino General Plan and Municipal Code requirements.
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 Use Permit, Application no. U-2017-04 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-
2017-04 as set forth in the Minutes of Planning Commission Meeting of June 13, 2017 and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "Main St Bar & Lounge" consisting of five (5)
sheets labeled as A0.0, A0.1, A0.3, A2.1, and A6.1, drawn by D -Scheme Studio, dated
October 27, 2017 and Business Description as submitted as an attachment to the Staff
Report, except as may be amended by conditions in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from Resolution No. 12-098 and Resolution No. 13-005
shall remain in effect unless superseded by or in conflict with subsequent conditions of
approval, including the conditions contained herein in this resolution.
3. COVENANT DISCLOSURE
The property is under a Cupertino planned development zoning and property purchasers
should check with the City to determine the specific restrictions under the Planned
Development Zone and related permits.
4. OPERATIONS
a) The businesses shall be operated within the area delineated on the floor plan exhibit.
Resolution No. 6834 U-2017-04 June 13, 2017
b) The businesses are approved to operate Thursday until 12:00 a.m. and Friday &
Saturday until 2:00 a.m.. On days with approved hours passed 11pm, service to the
patio shall be limited to midnight.
c) Employees are allowed to remain on site for up to one hour after closing.
5. SHERIFF DEPARTMENT REVIEW
The property owner shall address security concerns in the event that they arise to the
satisfaction of the City. The property owner shall pay for any additional Sheriff
enforcement time. resultingfrom documented incidents in the development at the City's
contracted hourly rate with the Sheriff Department at the time of the incident.
The City reserves the right to require additional security patrols and/or other -measures as
prescribed by the Sheriff's Office or Code Enforcement.
6. MODIFICATION OF BUSINESS OPERATIONS
Changes to the restaurant operations determined to be minor shall be reviewed and
approved by the Director of Community Development. Further, the Director of Community
Development is empowered to make adjustments to the operation of the restaurant. to
address any documented problem or nuisance situation that may occur.
7. REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case where,
in the judgment of the Director, substantial evidence indicates that the conditions of the
conditional use permit have not been implemented, or where the permit is being conducted
in a manner detrimental to the public health, safety, and welfare, in accord with the
requirements of the municipal code.
8. EXPIRATION
If the use for which this conditional use permit is granted and utilized has ceased or has
been suspended for one year or more, this permit shall be deemed expired and a new use
permit application must be applied for and obtained.
9. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, the "indemnified
parties") from and against any claim, action, or -proceeding brought by a third party against
one or more of the indemnified parties or one or more of the indemnified parties and the
applicant to attack, set aside, or void this Resolution 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 applicant shall pay such
attorneys' fees and costs within 30 days following receipt of invoices from City. Such
attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as
City staff and shall include City Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the litigation reasonably incurred by City.
Resolution No. 6834 U-2017-04 June 13, 2017
10. 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 13th day of June, 2017, at the Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Paulsen, Takahashi, Fung
NOES: COMMISSIONERS: Chair Sun, Liu
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
Benjamin Fu
Assist. Dir. of Community Development
Don Sun
Chair, Planning Commission