CC Resolution No. 16-093 Approving Use Permit (U-2015-06)U-2015-06
RESOLUTION NO. 16-093
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 A SEPARATE BAR LOCATED AT 10122 BANDLEY DRIVE AND 10145 NORTH DE ANZA
BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
U-2015-06
Amy Chan, De Anza Venture, LLC
Marina Plaza, LLC (APN 326-34-066), and Cupertino 10145, LLC (APN 326-32-
043)
10122 Bandley Drive (APN 326-34-066) and 10145 North De Anza Boulevard
(APN 326-32-043)
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the City of Cupertino received an application for a Conditional Use Permit as described in
Section I. of this Resolution; 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 Environmental Review Committee reviewed the Mitigated Negative Declaration; and
WHEREAS, the Planning Commission held a public hearing on July 26, 2016 and recommended that the
City Council approve the application, subject to conditions, and adopt the Mitigated Negative
Declaration; 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, and the Hea r t of the City
Specific Plan, 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, genera l welfare, or convenience.
b) The proposed development w ill 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 Cupertino General Plan and Municipal Code
R equirements since the Project is consistent with the existing land use designations (Commercial, Office,
Resolution No. 16-093 U-2015-06
Residential), Municipal Code requirements, including but not limited to, parking regulations and hours of
operations. A condition has been added that requires the separate bar to operate within 7:00am to ll :OOpm and
consistent with the City regu lations .
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,:
The application for a Use Permit, Application no. U-2015-06 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-2015-06 as set forth in the Minutes
of the City Council Meeting of September 6, 2016, and are incorporated b y 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 on June 2, 2016 consisting 134 sheets
labeled as "Marina Plaza the urban village" consisting of 134 sheets labeled as T.1 to T.9, Cl.O to
C5.2, R-1 to R-2, JT-1 to JT-3, A.Oto A.65, PM-1 to PM-3, SL-1 to SL-3, E-1 to E-2, and L0.02 to L5.02,
drawn by Dahlin Group, VER Consultants, RGA, Bruce Jett Associates, Coffman Engineers. Inc,
Emerald City Engineer, Inc. Beyond Efficiency Inc, and RGD Acoustic, 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. DP-2015-05, ASA-2015-22, DA-2016-01, TR-2016-14 ,
EXC-2016-03, and EXC-2016-05 shall 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 h ereby granted to allow a 24-hour hotel operation including a restaurant with separate
bar. The Planning Commission shall review amendments to the project considered major by the
Director of Commw1ity Development.
. Resolution N o . 16-093 U-2015-06
6. HOURS OF OPERATION FOR SEP ARA TE BAR
The separate bar shall operate within the hours of 7:00am and ll:OOpm. In the event the Applicants
seeks to have the separate bar operate in late evening activities, activities from the period of ll:OOpm
to 7:00am, then the Applicant shall be required to obtain permits consistent with the Cupertino
Municipal Code.
7. MAXIMUM LENGTH OF HOTEL STAYS
Hotel stays shall be limited to a maximum of 29 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. SECURITY PLAN
The applicant shall develop a comprehensive security plan for the entire hotel development, and the
plan shall be reviewed and approved by the City and the County Sheriff's Office prior to final
occupancy.
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 to the satisfaction of the City, 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 .
Resolution No. 16-093 U-2015-06
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 at a Regular Meeting of the City Council of the City of Cupertino the 61h day
of September 2016, by following vote:
AYES:
NOES:
ABSENT:
ABSTAIN :
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED:
~.12LJ£
Grace Schmidt, City Clerk