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Reso 4845 15-U-96 (Mod.) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4845 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION TO MODIFY THE SITE AND ARCHITECTURAL PLANS OF AN APPROVED HOTEL TO INCREASE THE NUMBER OF ROOMS FROM 160 TO 171, TO RELOCATE PARKING FROM THE CENTRAL BUILDING ON THE WEST ELEVATION AND OTHER MODIFICATIONS RELATED TO THE SITE PLAN, FLOOR PLAN AND CONDITIONS OF APPROVAL SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit Modification, 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 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 Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�ibits, 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 Page 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 No. 15-U-96 (Mod.), as set forth in the Minutes of the Planning Commission Meeting of June 9, 1997, and are incorporated by reference though fully set forth herein. SECTIOI�T II: PROJECT DESCRIPTION Application No.: 15-U-96 (Mod.) Applicant: Sandhill Properties (Tandem) Location: 10741 N. Wolfe Road and 19590 Pruneridge Avenue Resolution No. 4845 15-U-96 (Mod.) June 9, 1997 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Sheets A 1-A6, dated 6/04/97, except as may be amended by the conditions as contained in this Resolution. The minimum width of the landscaping between the east elevation of the hotel and the parking lot shall be 7.5'. Detailed landscaping and specific color samples shall be submitted to the Planning Commission for Architectural and Site Approval. 2. HOTEL ROOM ALLOCATION Eleven rooms from the general plan hotel room allocation shall be applied to this use permit. 3. PARKING SPACE OVERHANG The parking spaces may overhang a m�imum of 2 feet into the landscaping area. 4. ENTRANCE/EXIT IDENTIFICATION The entrance and exit openings shall be clearly identified. 5. EMERGENCY GENERATOR The noise level of the emergency generator shall comply with the city's noise standards. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 6. TREE PROTECTION FOR NEW SIDEWALK CONSTRUCTION A certified arborist shall review and report on the construction drawings of the new sidewalk and attest that the trees are adequately protected. If in the future ash trees disrupt sidewalk/parking lot, the trees shall be preserved. 7. PREVIOUS CONDITIONS OF APPROVAL Previous conditions of approvals that are not amended by this resolution shall remain in effect. 8. OVERFLOW PARKING AGREEMENT An overflow parking agreement shall be prepared providing for overflow parking onto Cupertino Village I and II (Assessor's Parcel Numbers 316-OS-056 and 315-OS-070) from the subject property, to be approved by the City Attorney. Twelve spaces based on parking for 171 rooms, in effect from 9:00 p.m. to 9:00 a.m., shall be calculated as part of the shared parking analysis for Cupertino Village I and II approved as part of 2-U-76 (Mod.), Planning Commission Resolution No. 4733. 9. 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 i Resolution No. 4845 15-U-96 (Mod.) June 9, 1997 Page-3- 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 exacti�ns. 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 engineering pra ices. , ert i ich, City ngineer PASSED AND ADOPTED this 9th day of June, 1997, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle, Mahoney, Roberts and Chairperson Harris NOES: �COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: �� �� Robert Cowan Andrea Harris, Chairperson Director of Community Development Cupertino Planning Commission g:pdreport/res/r 15u96(m) i I I