CC Resolution No. 14-203 approving a use permit to allow a 24-hour hotel, including a restaurant with interior bar located at 10380 Perimeter Rd RESOLUTION NO. 14-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW A 24-HOUR HOTEL, INCLUDING A
RESTAURANT WITH INTERIOR BAR LOCATED AT 10380 PERIMETER ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: U-2014-04
Applicant: Edward Chan
Property Owner: Cupertino Property Development II, LLC
Location: 10380 Perimeter Road (APN 316-20-092)
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application for a Use
Permit as described in Section I. 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 City Council 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 City Council 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, Heart of the City
Specific Plan, and the South Vallco Master Plan; is over 300 feet away from any existing orplanned
residential uses and other sensitive receptors; 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 Plan and the purpose of the City's zoning ordinances.
The proposed development is in conformance with the General Plan Land Use Map of the City of
Cupertino, since it is consistent with the existing land use designation (CommerciallResidential). In
Resolution No 14-203
Page 2
addition, the design is consistent with General Plan and Heart of the City Specific Plan policies that
encourage development to activate streetscapes and create community gathering places. General Plan
Policy 2-92 supports late night hours since the building is located a considerable distance from
residential areas.
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,:
A Mitigated Negative Declaration (Application no. EA-2014-06) is hereby adopted; and the
application for a Use Permit, Application no. U-2014-04 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 no. U-2014-04 as set forth in the
Minutes of City Council Meeting of October 21, 2014, 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 is based on the plan set received October 2, 2014 consisting of 51 sheets labeled A-
0.0 to A-0.3, C-1.0 to C-7.0, L-1 to L-5, A-1.0, A-1.0a, A-1.1 to A-1.4, A2.0, A-2.0a, A-2.1 to A-
2.6, A-3.0 to A-3.8, A-4.0, A-4.0a, A-4.1, A-4.1a, A-4.2, A-5.0, A-6.0, A-6.1, E-0.1, and E-1.0 to
E-1.2, entitled, "Hyatt House, Cupertino California, Wolfe Road &Interstate 280," drawn by
Gene Fong Associates, Sardis, Bruce Jett Associates, and Emerald City Engineers, 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. DP-2014-04, ASA-2014-06, EXC-2014-07,
TR-2014-28, and TR-2014-40 shall be applicable to this approval.
Resolution No 14-203
Page 3
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. RESTAURANT AND BAR OPEN FOR PUBLIC USE
Per Planning Commission direction, the restaurant and bar shall remain open to the public.
6. USE APPROVAL AND PROTECT AMENDMENTS
Approval is hereby granted to allow a 24-hour hotel operation including a restaurant with
interior bar. The Planning Commission shall review amendments to the project considered
major by the Director of Community Development.
7. MAXIMUM LENGTH OF HOTEL 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. ODOR ABATEMENT SYSTEM
If odor impacts from food use or other odor-generating uses become a nuisance in the future
as determined by the Community Development Director (typically if five or more
complaints are received within a 12-month period), the property owner shall install odor
abatement systems to reduce odor impacts to the adjacent community. Detailed plans shall
be reviewed and approved by the Community Development Department.
10. 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 occunancv.
11. 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.
12. 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, 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.
Resolution No 14-203
Page 4
The City reserves the right to require additional security patrols and/or parking restrictions
as prescribed by the Sheriff's Office.
13. 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.
14. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and Bold 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.
15. 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.
Resolution No 14-203
Page 5
r
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 21st day of October, by the following roll call vote:
AYES: Wong, Chang, Mahoney, Santoro
NOES: Sinks
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cupertino