CC Resolution No. 19-095 Approving a Use Permit to Allow a 24-Hour Hotel, Including a Restaurant with a Separate Bar and a Rooftop Lounge with a Separate Bar Located at 10801 and 10805 North Wolfe Rd APN 316-45-017 and 316-05-56 RESOLUTION NO. 19-095
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A USE PERMIT TO ALLOW A 24-HOUR HOTEL, INCLUDING A
RESTAURANT WITH A SEPARATE BAR AND A ROOFTOP LOUNGE WITH A
SEPARATE BAR LOCATED AT 10801 AND 10805 NORTH WOLFE ROAD
(APN: 316-45-017 AND 316-05-56)
SECTION I: PROTECT DESCRIPTION
Application No.: U-2018-03
Applicant: Kimco Realty (Michael Strahs)
Property Owner: Cupertino Village, LP
Location: 10801 and 10805 North Wolfe Road (APN:316-45-017 and 316-05-56)
SECTION 11: FINDINGS FOR A USE PERMIT:
WHEREAS, the City of Cupertino received an application for a 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 Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, the City of Cupertino's Environmental Review Committee at its December
13, 2018 meeting reviewed the Draft Mitigated Negative Declaration, received public
comments, and recommended adoption of a Mitigated Negative Declaration on a 5-0 vote
with minor modifications, and provided measures that ensure the least impactful
development of the proposed hotel; and
WHEREAS, on June 11, 2019, the Planning Commission, after considering the
administrative record and the public hearing, exercised its independent judgment and
recommended adoption of the Final Draft IS/MND (EA-2017-06) for the Project on a 4-0-
1 vote, which incorporated all the identified mitigation measures as conditions of
approval for the Project prior to taking final action on the Project; and
WHEREAS,on June 11, 2019 the Planning Commission recommended on a 4-0-1 vote that
the City Council approve the General Plan Amendment (GPA-2017-05), in substantially
similar form to the Resolution presented (Resolution no.6876), approve the Development
Permit(DP-2018-04) in substantially similar form to the Resolution presented (Resolution
No. 6877), approve the Architectural and Site Approval Permit (ASA-2017-09) in
substantially similar form to the Resolution presented (Resolution No. 6879), approve a
Use Permit (U-2018-03) in substantially similar form to the Resolution presented
(Resolution No. 6881), approve the Tree Removal Permit (TR-2017-46) in substantially
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Page 2
similar form to the Resolution presented (Resolution no. 6880) and approve a
Development Agreement (DA-2017-01) in substantially similar form to the Ordinance
presented (Resolution No. 6878); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution;
WHEREAS, on July 16, 2019, upon due notice, the City Council held a public hearing to
consider the Development Permit; and
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on July 16, 2019, the City Council adopted Resolution No. [####]
adopting the Final IS/MND, Resolution No. [####] adopting the General Plan
Amendment, Resolution No. [####] approving the Development Permit and Resolution
no. [####] approving the Architectural and Site Approval; 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 as amended by General Plan
Amendment GPA-2017-05 and Zoning Ordinance, 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 Cupertino General Plan as amended by
General Plan Amendment GPA-2017-05 and Municipal Code Requirements since the Project
is consistent with the existing land use designations (Commercial, Office, 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 11:00pm and consistent with the City regulations.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program for the Project (EA-2017-01), subject to the conditions
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which are enumerated in this Resolution beginning on PAGE 2 thereof, and those
contained in all other Resolutions approved for this Project,
The application for a Use Permit, Application No. U-2018-03, is hereby approved, and
that the subconclusions upon which the findings and conditions specified in this
Resolution are based are contained in the Public Hearing record concerning Application
no. U-2018-03 as set forth in the Minutes of the City Council Meeting of July 16, 2019
Meeting, and are incorporated by reference as though fully set forth herein.
This Resolution shall not take effect unless and until the General Plan Amendment for
the Project (GPA-2017-05)becomes effective.
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
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Approval is based on the plan set received November 8, 2018 consisting of 48 sheets
labeled as Planning Submittal,Table of Contents,3-43, C1.1,C2.1,C2.2,C3.1, and C.24 1
drawn by Hornberger+Worstell and Keir&Wright Civil Engineers&Surveyors,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.
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3. CONCURRENT APPROVAL CONDITIONS I
The conditions of approval contained in file nos. GPA-2017-05, DP-2018-04,DA-2017-
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01, ASA-2017-09, TR-2017-46, and EA-2017-06 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.
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5. USE APPROVAL AND PROTECT AMENDMENTS
Approval is hereby granted to allow a 24-hour hotel operation including a restaurant
with separate bar and a rooftop lounge with separate bar. The Planning Commission
shall review amendments to the project considered major by the Director of
Community Development.
6. HOURS OF OPERATION FOR SEPARATE BAR
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The separate bar shall operate within the hours of 7:00am and 11:00pm. In the event
the Applicants seeks to have the separate bar operate in late evening activities,
activities from the period of 11:00pm 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. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. NOTICE OF FEES DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
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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 j
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 16f day of July 2019, at the Regular Meeting of the City
Council of the City of Cupertino, State of California,by the following roll call vote:
Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
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Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
Grace Schmidt, City Clerk Date