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CC Resolution No. 14-205 approving a parking exception to allow tandem parking, located at 10380 Perimeter Rd s RESOLUTION NO. 14-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A PARKING EXCEPTION TO ALLOW TANDEM PARKING, LOCATED AT 10380 PERIMETER ROAD SECTION I: PROTECT DESCRIPTION Application No.: EXC-2014-07 Applicant: Edward Chan Property Owner: Cupertino Property Development II, LLC Location: 10380 Perimeter Road (APN 316-20-092) SECTION II: FINDINGS FOR A PARKING EXCEPTION: WHEREAS, the City Council of the City of Cupertino received an application for a Parking Exception 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 I WHEREAS, the City Council finds as follows with regard to this application: a) The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter; The project proposes 156 parking stalls, or 1.05 stalls per room. Table 19.124.040 (A) of the City's Parking Ordinance requires the project to provide a total of 187 parking spaces (assuming separate. ratios for the hotel, restaurant/bar, and conference room space) at a rate of 1.24 spaces per room— resulting in a deficit of 28 stalls in the proposed parking supply. However, Section 19.24.040 (H) of the ordinance provides for alternative parking considerations through a parking study prepared by transportation professionals. Parking studies are especially useful for hotels since there are overlapping uses and activities that may not be addressed by the ordinance ratios in Table 19.124.040 (A). The parking study found that the proposed supply is adequate to meet the needs of the hotel and other ancillary uses. Applying Table 19.124.040 (A) would result in a large number of excess stalls and would be inconsistent with other hotel parking ratios in the City. Resolution No.14-205 Page 2 b) The granting of the exception will not be injurious to property or improvements in the area nor be detrimental to the public safety, health and welfare; Given that the project is consistent with the General Plan, Zoning Ordinance, Heart of the City Specific Plan, and South Vallco Master Plan; has been designed to be compatible with and respectful of adjoining land uses; and that relevant mitigation measures will be incorporated as part of the CE Q A review process to miti g ate potential impacts to a less than si g nificant level, 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. c) The exception to be granted is one that will require the.least modification and the minimum variance to accomplish the purpose; See Section A above. d) The proposed exception will not result in significant impacts to neighboring properties; Given that the project provides more than the minimum supply recommended by the parking study and there are transportation demand measures proposed by the applicant and included in the conditions of approval, the proposed exception is not anticipated to result in significant impacts to neighboring properties. e) The applicant submits a detailed parking study which demonstrates that the proposed use is compatible with the proposed parking supply. Adjacent on-street parking 'may be included in the parking supply; Field parking surveys were conducted at three similar hotels in Cupertino (Aloft, Cupertino Inn, and Hilton Garden Inn) during._the period of peak parking demand. The results indicate that weekday parking rates varied from 0.32 to 0.59 (occupied stalls/occupied room). Weekend parking rates ranged from 0.40 to 0.81 stalls per room. The Hilton Garden Inn had the highest parking demand of 0.81 stalls per room, and is the most similar to the proposed project since it contains a full service restaurant and bar and conference room space. Therefore, the study recommends a parking,supply ratio of 0.81 stalls per room (or 120 stalls)for the project. This ratio is higher than the 0.71 stalls per room rate specified for hotels in the Institute of Transportation Engineers (ITE) parking generation manual. Since the project provides 1.05 stalls per room, the parking study concluded that the project parking supply is adequate. f) The project is owned or managed by a single entity; and The project is owned by a single entity. g) If adjacent properties are used to share parking, they are in close proximity to each other, and reciprocal parking and access easements and maintenance agreements are recorded on the applicable properties to run with the land. There is no shared parking for this project. All of the parking study's recommended parking supply is provided onsite. Resolution No.14-205 Page 3 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 Parking Exception, Application no. EXC-2014-07 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. EXC-2014-07 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, Sandis, Bruce Jett Associates, and Emerald City Engineers, Inc.; except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT 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. ASA-2014-06, U-2014-04, DP-2014-04, TR- 2014-28, and TR-2014-40 shall be 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. Resolution No.14-205 Page 4 5. PARKING EXCEPTION APPROVAL AND PROTECT AMENDMENTS Parking Exception approval is granted to allow eight tandem parking stalls. The Director of Community Development may approve minor modifications to the locations of the tandem stalls, provided it does not increase the quantity of tandem stalls. The Planning Commission shall review modifications considered major by the Director of Community Development. 6. TANDEM PARKING STALL MANAGEMENT Prior to final occupancy, the applicant shall submit a tandem parking stall management plan. Tandem parking stalls shall be reserved for employee use only. Employee vehicles shall be moved when necessary in order to allow employees to leave when their shift is over. The plan shall take into accound the start and end times of employees' shifts in order to minimize the amount of vehicle re-parking that needs to occur. 7. 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. 8. INDEMNIFICATION To the extent permitted by law, the Applicant shall,indemnify and hold 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. 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 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.14-205 Page 5 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of October, 2014,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