Reso 6894 U-2018-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6894
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO
ALLOW A 24-HOUR HOTEL, INCLUDING A RESTAURANT WITH A
SEPARATE BAR AND A ROOFTOP LOUNGE WITH A SEPARATE BAR
LOCATED AT 10931 NORTH DE ANZA BLVD. (APN: 326-10-061)
The Planning Commission recommends that the City Council approve the Use Permit, in
substantially similar form to the Draft Resolution attached hereto as Exhibit U.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 10th day of December 2019,by the following roll call vote:
AYES: COMMISSIONERS: Chair Wang, Moore, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Saxena
ATTEST: APPROVED:
Benjamin Fu R "Ray' Wang
Dir. of Community Development Chair, Planning Commission
EXHIBIT U
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program for the Project (EA-2018-03), subject to the conditions
which are enumerated in this Resolution begi'wining on PAGE 2 thereof, and those
contained in all other Resolutions approved for this Project,
The application for a Use Permit, Application N . U-2018-02, is hereby approved, and
that the subconclusions upon which the findings and conditions specified in this
Resolution are based are contained in the Public Hearing record concerning Application
no. U-2018-02 as set forth in the Minutes of the Ci Ity Council Meeting of January 21, 2020
Meeting, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
ST
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated April 19, 2019 consisting of 44 sheets labeled
as The De Anza, Table of Contents, A0.00—A5.15, A11.00-A11.08, C1.0-C3.2, and L1-
L4, drawn by Winkleman Designs, JMH Weiss, and The Guzzardo Partnership, Inc.
except as may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT 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. GPA-2018-01, DP-2018-01,DA-2018-
01, ASA-2018-02, and EA-2018-03 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 PROJECT AMENDMENTS
Approval is hereby granted to allow a 24-hour hotel operation including a restaurant
with separate bar and a rooftop lounge with separate bar. The Planning Commission
EXHIBIT U
shall review amendments to the project considered major by the Director of
Community Development.
6. HOURS OF OPERATION FOR SEPARATE BARS
The separate bars are authorized to operate within the hours allowed by state law.
7. MAXIMUM LENGTH OF HOTEL STAYS
Hotel stays shall be limited to a maximum of 29 days per reservation. The hotel
operator is responsible for implementation of this condition of approval.
8. SECURITY PLAN
The applicant shall develop a comprehensive security plan for the entire hotel
development, and the plan shall be reviewed and approved by the City and the
County Sheriff's Office prior to final occupancy.
9. 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.
10. USE PERMIT REVIEW/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 to the
satisfaction of the City, then the Planning 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 right to require additional security patrols and/or parking
restrictions as prescribed by the Sheriffs Office.
11. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor impacts from
the restaurants to the adjacent community. The odor abatement systems shall be
installed prior to final occupancy of the associated restaurant(s). Detailed plans shall
be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
12. 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.
EXHIBIT U
13. 'INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall indemnify, defend with the
attorneys of the City's choice, and hold harmless the City, its City Council, and its
officers, employees, and agents (collectively, the "indemnified parties") from and
against any liability, claim, action, cause of action, suit, damages,judgment,lien,levy,
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 related to this
Resolution/Action Letter, the related entitlements, or any permit or approval
iz for project, includingwsth ut limitation) reimbursingthe City
authorized hereby o the ( o
its actual attorneys' fees and costs incurred in defense of the litigation. The applicant
shall pay such attorneys' fees and costs within 30 (thirty) days following receipt of
invoices from City. Such attorneys' fees and costs shall include amounts paid to the
City's outside counsel and shall include City Attorney time and overhead costs and
other City staff overhead costs and any cests directly related to the litigation
reasonably incurred by City.The applicant shall likewise indemnify, defend, and hold
harmless the indemnified parties from and against any damages, attorneys' fees, or
costs awards, including attorneys' fees awarded under Code of Civil Procedure
• section 1021.5, assessed or awarded against the indemnified parties.
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.
II --
EXHIBIT U
PASSED AND ADOPTED this 21st day of January 2020, at the Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Steven Scharf, Mayor Date
City of Cupertino
ATTEST:
Grace Schmidt, City Clerk Date