CC Resolution No. 00-193RESOLUTION NO. 00-193
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN AMENDMENT TO THE HEART OF THE CITY SPECIFIC PLAN TO
EXCEED THE 40 FOOT HEIGHT LIMIT AND AN EXCEPTION TO THE HEART OF THE
CITY SPECIFIC PLAN TO REDUCE SETBACKS AND TO ALLOW HOTEL USE AT LOT
6, TRACT 7953, CUPERTINO CITY CENTER
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
4-EXC-00
Kimpton Hotel & Restaurant Group
Lot 6, Tract 7953, Cupertino City Center
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the City Council of the City of Cupertino received an application for an exception
to the Heart of the City Specific Plan, as described in this Resolution; and
WHEREAS, in order to provide design flexibility in situations when small lot size, unusually
shaped parcels, or unique surrounding land uses make it difficult to adhere to the development
standards and where all efforts to meet the standards have been exhausted, an applicant for
development may file an exception request to seek approval to deviate from the standards; and
WHEREAS, the City Council finds the following with regard to this application:
1. The proposed development is otherwise consistent with the City's General Plan and
with the goals of this specific plan and meets one or more of the criteria described
above.
2. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to the public health and safety.
3. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic.
4. The proposed development has legal access to public streets and public services are
available to serve the development.
Resolution No. 4-EXC-00 June 19, 2000
Page 2
5. The proposed development requires an exception which involves the least modification
of, or deviation from, the development regulations prescribed in this chapter
necessary to accomplish a reasonable use of the parcel.
6. The hotel fulfills the Heart of the City goals of creating a high quality and district
community image and a functional and vibrant heart for Cupertino.
SECTION II: FINDINGS FOR HEART OF THE CITY AMENDMENT
WHEREAS, The City Council of the City of Cupertino received an application for an
amendment to the Heart of the City Specific Plan, as described in this Resolution; and
WHEREAS, the hotel fulfills the Heart of the City goal of creating a high quality and distinct
community image and a functional and vibrant heart for Cupertino.
WHEREAS, the hotel provides superior design and is stepped back from the street.
WHEREAS, the Heart of the City amendment consists of allowing a maximum height of 108
feet.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, application no. 4-EXC-00 is hereby approved: 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 4-EXC-00, as set forth
in the Minutes of the City Council Meeting of June 19, 2000, are incorporated by reference
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
APPROVED EXHIBITS
Approval is based on Sheets C-1 and Sheets L1.2, Site Plan, Floor Plans (4), Elevations (4),
Walls Details, Sections (3), Rendering all dated June 5, 2000, Colored Elevation and
submitted material board except as amended by conditions contained in this Resolution.
2. 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
Resolution No. ~-g~O-00
Page 3
19, 000
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 19th day of June, 2000, at a Regular Meeting of the City Council
of the City of Cupertino by the following roll call vote:
VOTE:
MEMBERS OF THE CITY COUNCIL
AYES:
NOES:
ABSENT:
ABSTAiN:
Bumett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
City clerk
Mayor