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U-2014-04b ��� OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT 1 N� TELEPHONE: (408)777-3223• FAX: (408)777-3366 To: Planning Department From: Kirsten Squarcia Subject: Subject: Petition for Reconsideration of the City Council's approval of the Hyatt House Hotel development project Description: Application Summary; Applications: DP-2014-04, U-2014-04, ASA-2014-06, EXC-2014-07, TR-2014-28,TR-2014-40, EA-2014-06; Petitioner: Darrel Lum, Concerned Citizens of Cupertino; Applicant: Edward Chan; Property Owner: Cupertino Property Development II, LLC; Location: 10380 Perimeter Road (Southeast quadrant of Wolfe Road and I-280, APN 316-20- 094) and 10150 North Wolfe Road (JC Penney site, APN 316-20-094) Date: November 20, 2014 At its November 18, 2014 regular meeting, the Cupertino City Council took the following action: CONSIDERED THE PETITION FOR RECONSIDERATION AND ADOPTED RESOLUTION N0. 14-215 DENYING THE PETITION FOR FAILURE TO MEET THE REQUIREMENTS OF MUNICIPAL CODE SECTION 2.08.09 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT 1 N O TELEPHONE:(408)777-3223• FAX: (408)777-3366 November 19, 2014 Re: Subject: Petition for Reconsideration of the City Council's approval of the Hyatt House Hotel development project Descri�tion: Application Summary; Applications: DP-2014-04, U-2014-04, ASA- 2014-06, EXC-2014-07, TR-2014-28,TR-2014-40, EA-2014-06; Petitioner: Darrel Lum, Concerned Citizens of Cupertino; Applicant: Edward Chan; Property Owner: Cupertino Property Development II, LLC; Location: 10380 Perimeter Road (Southeast quadrant of Wolfe Road and I-280, APN 316-20-094) and 10150 North Wolfe Road (JC Penney site, APN 316-20-094) To Whom It May Concern; At its November 18, 2014 meeting, the Cupertino City Council CONSIDERED THE PETITION FOR RECONSIDERATION AND ADOPTED RESOLUTION NO. 14-215 DENYING THE PETITION FOR FAILURE TO MEET THE REQUIREMENTS OF MUNICIPAL CODE SECTION 2.08.09 Also included is the Resolution that Council adopted at the meeting. Please call the Planning Department at 777-3308 if you have any questions. The decision by the City Council above described is final effective October 21, 2014. The time within which judicial review must be sought is governed by §1096.6 of the California Code of Civil Procedure which is 90 days follozving the above effective date. Sincerely, ����- Kirsten Squarcia Deputy City Clerk cc: City Attorney, Planning Department RESOLUTION N0. 14-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DENYING THE PETITION OF DARREL LUM SEEKING COUNCIL RECONSIDERATION OF ITS DECISION TO APPROVE A DEVELOPMENT PERMIT (DP-2014-04), USE PERMIT (U-2014-04), ARCHITECTURAL AND SITE APPROVAL (ASA-2014-06), PARKING EXCEPTION (EXC-2014-07), AND TREE REMOVAL PERMIT (TR-2014-28) FOR A FIVE- STORY, 148-ROOM HOTEL OF APPROXIMATELY 102,700 SQUARE FEET THAT INCLUDES A RESTAURANT, BAR, LOUNGE, AND CONFERENCE ROOMS BUILT OVER A 35,800 SQUARE FOOT UNDERGROUND PARKING GARAGE THAT CONTAINS TANDEM PARKING AT 10380 PERIMETER ROAD AND A TREE REMOVAL PERMIT (TR- 2014-40) AT 10150 NORTH WOLFE ROAD TO FACILITATE THE OFF-SITE IMPROVEMENTS ASSOCIATED WITH THE CONSTRUCTION OF THE HOTEL PROJECT WHEREAS, on October 21, 2014, the City Council of the City of Cupertino held a public hearing and at the conclusion of the hearing approved on a 4-1 vote applications DP-2014-04, U- 2014-04, ASA-2014-06, EXC-2014-07, TR-2014-28, and TR-2014-40 for a hotel project located at 10380 Perimeter Road (Decision); and WHEREAS, the City Council's Decision was within its discretion and made at a properly noticed public hearing; and WHEREAS, on October 30, 2014, Petitioner Darrel Lum (Petitioner) filed a Reconsideration Petition (Reconsideration Petition) requesting that the City Council reconsider its October 21, 2014 decision under the provisions of Section 2.08.096 of the City's Municipal Code; and WHEREAS, the City Council has considered all relevant evidence presented by the parties at all hearings, including evidence presented at the November 18, 2014 reconsideration hearing; and WHEREAS, based on the evidence above, the City Council hereby makes the findings in Exhibit "A", and, based upon these findings,; NOW, THEREFORE, BE IT RESOLVED: 1. The Reconsideration Petition is defective on its face in that it does not offer proof of facts which, in the exercise of reasonably diligence, could not have been produced at an earlier city hearing as required by Municipal Code Section 2.08.096(B)(1). 2. Petitioner failed to offer evidence which was improperly excluded at a prior city hearing as required by Municipal Code Section 2.08.096(B)(2). Resolution No.14-215 Page 2 3. Petitioner failed to provide proof of facts which demonstrate that the City Council proceeded without, or in excess of its,jurisdiction [See Municipal Code Section 2.08.096 (B)(3)]. 4. Petitioner failed to demonstrate that the City Council abused its discretion by rendering a decision which was not supported by findings of fact; and/or rendering a decision in which the findings of fact were not supported by the evidence. Specifically, the City Council determines that the City Council's Decision of October 21, 2014 is supported by findings of fact and the findings of fact related to the City Council's decision were supported by substantial evidence in the record of proceedings [See Municipal Code Sections 2.08.096]. 5. The Petition for Reconsideration of the City Council's Decision of October 21, 2014 on agenda item 13 is DENIED, thereby affirming the original decision. PASSED AND ADOPTED this 18th day of November, 2014, Regular Meeting of the City Council of the City of Cupertino, State of California,by the following roll call vote: AYES: Wong, Sinks, Chang, Mahoney, Santoro NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s Grace Schmidt /s/Gilbert Wong Grace Schmidt Gilbert Wong, Mayor City Clerk City of Cupertino EXHIBIT A CITY COUNCIL FINDINGS IN RESPONSE TO PETITION FOR RECONSIDERATION 1. Ground for Reconsiderntion #1 (Section 2.08.096 (B)(3) of the Municipal Code]—Council acted in excess of its jurisdiction Petition Findin The General Plan allows buildings with a retail The petitioner presented this claim at the component located in the South Vallco area to August 26, 2014 Planning Commission hearing be constructed up to 60 feet tall. Otherwise, and submitted similar written comments for buildings may be constructed up to 45 feet the October 21, 2014 Council hearing. Both the without a retail component. The petitioner Planning Comnussion and the City Council alleges the hotel project has no retail thoroughly considered and discussed this component and therefore should not be claim and acted upon the project accordingly. allowed to be constructed at its approved height of 60 feet. Restaurants are considered legitimate retail uses and are allowed in the City's General Commercial Ordinance since they provide direct contact with customers and generate sales tax. The intent of the General Plari s 60-foot building height policy in South Vallco is to promote active ground floors. Based on past approvals and Council practice, restaurants have been deemed to be an appropriate ground floor retail use that supports the 60-foot height allowance. Finding and conclusion: It is within City Council's jurisdiction to interpret the General Plan and make decisions on its implementation. The petitioner has not provided any proof of facts that demonstrate the Council proceeded without, or in excess of its jurisdiction. 2. Ground for Reconsideration #2 (Sections 2.08.096 (B)(5)(b) and (c) of t1Te Municipal Code] — Council's decision was not supported b�facts or the findings of fact were not supported b� the evidence. Petition Findin The petitioner notes that Hyatt House is an The General Plan's building height policy was extended stay, business service hotel with discussed in detail in the October 21, 2014 staff limited amenities to serve hotel guests, such as report and at the Council hearing. The Council complimentary breakfast and in-room kitchen considered the petitioner's testimony as facilities. The petitioner claims that there was provided but found that the hotel's restaurant, no finding of fact in the October 21, 2014 staff bar, and other active commercial ground floor report and meeting minutes that the hotel's uses are considered retail, thereby allowing the restaurant and bar is considered retail. 60-foot building height. In addition to servin the hotel uests, the hotel restaurant is required to be open to the public and is considered a full service restaurant similar to other restaurants in the Ci Finding and conclusion: The City Council considered, and rejected, the claim that the hotel's restaurant should not be considered retail. The petitioner has not provided any proof of facts that demonstrate the Council abused its discretion by rendering a decision which was not supported by findings of fact, or rendering a decision in which the findings of fact were not supported by the evidence. OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE:(408)777-3223• FAX: (408)777-3366 CUPERTINO October 23, 2014 Re: Subject: Hyatt House Hotel development project Descri�tion: Application No.(s): ASA-2014-06, DP-2014-04, EXC-2014-07, TR-2014-28, U-2014-04, TR- 2014-40 (EA-2014-06); Applicant: Edward Chan (Cupertino Property Development II, LLC.);Location: Perimeter Rd @ Wolfe Rd;APN: 316-20-092;Architectural Site Approval for a new 5-story, 148 room hotel and associated site and off-site improvements; Development Permit to allow the demolition of an existing parking lot and construct a 5 story, 148 room hotel of approximately 102,700 square feet that includes a restaurant, bar, lounge and conference rooms built over a 35,800 square foot underground parking garage that contains tandem parking; Parking Exception Permit to allow eight tandem parking stalls;Tree Removal Permit to allow the removal and replacement of 96 trees to facilitate the construction of a new hotel; Use Permit to allow a 24-hour hotel, including a restaurant with interior bar; Tree Removal Permit to allow the removal and replacement of 19 trees to facilitate the off-site improvements associated with the construction of a new hotel At its October 21, 2014 meeting, the Cupertino City Council took the following action: 1. Adopted Mitigated Negative Declaration (EA-2014-06); and 2. Adopted Resolution No. 14-202 approving Development Permit (DP-2014-04) which includes approval of the South Vallco Connectivity Plan; and 3. Adopted Resolution No. 14-203 approving Use Permit(U-2014-04); and 4. Adopted Resolution No., 14-204 approving Architectural and Site Approval (ASA-2014-06) with the additional condition to have staff and applicant contact Caltrans to consider a direct public bicycle and pedestrian access path from the existing Wolfe Road sidewalk to the project site along the westerly boundary, in order to allow direct access onto Wolfe Road and access over the freeway overpass. If Caltrans approves of the access path, the property owner shall work with staff to construct the path; and 5. Adopted Resolution No. 14-205 approving Parking Exception (EXC-2014-07); and 6. Adopted Resolution No. 14-206 approving Tree Removal Permit (TR-2014-28) with the additional condition to require a tree condition report to be reviewed and approved by the Director of Community Development one year after final ASA-2014-06,DP-2014-04,EXC-2014-07,T'R-2014-28, " U-2014-04,TR-2014-40(EA-2014-06) October 21,2014 Page 2 occupancy of the project. The City's consulting arborist shall inspect the new and existing trees to ensure proper irrigation, maintenance, and compliance with the arborist's recommendations. All additional recommendations resulting from the one-year review shall be implemented by the property owner; and 7. Adopted Resolution No. 14-207 approving Tree Removal Permit(T'R-2014-40) Enclosed are the resolutions that Council adopted at the meeting. Any interested person, including the applicant, prior to seeking judicial review of any adjudicatory decision of the City Council, must first file a petition for reconsideration with the city clerk within ten days after the date of mailing of this notice. Any petition filed must comply with Municipal Code §2.08.096. Sincerely, Kirsten Squarcia Deputy City Clerk cc: City Attorney Community Development Darrel Lum Bradley Syverson 7746 Orogrande Place J.C.Penney Properties, Inc. Cupertino, CA 95014 PO Box 10001 Dallas, TX 75301-1106 Erik Alm Department of Transportation Mike Rohde District 4 Vallco Shopping Mall Local Development—Intergovernmental 10123 N. Wolfe Road, Suite 1095 Review Cupertino, CA 95014 PO Box 23660 Oakland, CA 94623-0660 Cupertino Property Development II, LLC c/o KCR Development Attn: Edward Chan 19620 Stevens Creek Blvd #200 Cupertino, Ca. 95014 � RESOLUTION N0. 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 tlzat t12e project is consistent wit12 the General Plan, Zoning Ordinance, Heart of the City Specific Plan, and tlie South Vallco Master Plan; is over 300 feet away fi�om any existing or planned residential uses and otlier sensitive ��eceptors; tlie project will not be detrimental or injurious to �roperty or im�irovements in tlie vicinity, and will not be detrimental to tlie public 12ealtlz, safety, general welfaT�e, 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. TITe proposed development is in conformance with tlie General Plan Land Use Map of the City of Cupertino, since it is consistent witlz the existing land use designation (Commercial/Residential). In r Resolution No 14-203 Page 2 - addition, tlie design is consistent with GeneT�al Plan and Heart of the City Specific Plan policies tliat encourage development to activate str�eetscapes and create community gatliering places. General Plan Policy 2-92 supports late niglzt liours since the building is located a considerable distance fi�om 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.Oa, A-1.1 to A-1.4, A2.0, A-2.Oa, A-2.1 to A- 2.6, A-3.0 to A-3.8, A-4.0, A-4.Oa, 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 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 properiy 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 ri� or to final occu�anc� 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 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. 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 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 U-2014-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6756 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 INTERIOR BAR LOCATED AT 10380 PERIMETER ROAD SECTION I: PROJECT 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 Planning Commission 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 Planning Cominission 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 Planning Commission 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 tlie City Specific Plan, and the South Vallco Master Plan; is over 300 feet away from any existing or planned 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 tlie General Plan Land Use Map of the City of Cupertino, since it is consistent with the existing land use designation (Commercial/Residential). In addition, the design is consistent with General Plan and Heart of the City Specific Plan policies that encourage development to Resolution No 6756 U-2014-04 August 26,2014 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, e�chibits, 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 recommended for adoption; and the application for a Use Permit, Application no. U-2014-04 is hereby recommended for approval 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 Planning Commission Meeting of August 26, 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 recommendation is based on the plan set received August 13, 2014 consisting of 47 sheets labeled A-0.0 to A-0.3, C-1.0 to C-5.0, C-5.1, C-6.0, L-1 to L-5, A-1.0 to A-1.4, A2.0 to A-2.6, A-3.0 to A- 3.8, A-4.0 to 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 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. 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 PROLECT 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 Resolution No 6756 U-2014-04 August 26,2014 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 occu�anc� 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 iinmediately 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. 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 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. Resolution No 6756 U-2014-04 August 26,2014 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. PASSED AND ADOPTED this 26th day of August, 2014, Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONERS: Gong, Sun, Takahashi NOES: COMMISSIONERS: Chair Brophy,Vice Chair Lee ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Gary Chao /s/I'aul Bro�h� Gary Chao Paul Brophy, Chair Assist. Director of Community Development Planning Commission G:\Plann ing\PDREPORT\RES\2 014\DP-2014-04 res.doc U-2014-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT 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 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 Planning Commission 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 Planning Commission 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 Planning Commission 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 tlie 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 or planned 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 (Commercial/Residential). In addition, the design is consistent with General Plan and Heart of the City Specific Plan policies that encourage development to Draft Resolution U-2014-04 August 26,2014 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 recommended for adoption; and the application for a Use Permit, Application no. U-2014-04 is hereby recommended for approval 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 Planning Commission Meeting of August 26, 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 recommendation is based on the plan set received August 13, 2014 consisting of 47 sheets labeled A-0.0 to A-0.3, C-1.0 to C-5.0, C-5.1, C-6.0, L-1 to L-5, A-1.0 to A-1.4, A2.0 to A-2.6, A-3.0 to A- 3.8, A-4.0 to 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 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 T`he 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. 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 interior bar. The Planning Commission shall review amendments to the project considered major by the Director of Community Development. Draft Resolution U-2014-04 August 26,2014 6. MAXIMUM LENGTH OF HOTEL STAYS Hotel stays shall be limited to a maximum of 30 days per reservation. 7. SHUTTLE SERVICES The hotel shall provide airport and local shuttle services for hotel guests in order to minimize traffic and parking impacts. 8. 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. 9. 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 occu�anc� 10. 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. 11. 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. The City reserves the right to require additional security patrols and/or parking restrictions as prescribed by the Sheriff's Office. 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. 13. 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. Draft Resolution U-2014-04 August 26,2014 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. PASSED AND ADOPTED this 26th day of August, 2014, Regular Meeting of the Planning Commission of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Gary Chao Paul Brophy, Chair Assist. Director of Community Development Planning Commission G:\Plann ing\PDREPORT\RES\2014\DP-2014-04 res.doc • • or a i iona . n orma ion . ee � e : _ _ _ _ _ _ _ _