CC Resolution No. 20-009 approving U-2018-02 – Use Permit
RESOLUTION NO. 20-009
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 10931
NORTH DE ANZA BLVD. (APN: 326-10-061)
SECTION I: PROJECT DESCRIPTION
Application No.: U-2018-02
Applicant: De Anza Properties (Sherly Kwok)
Property Owner: Northwest Properties, LP
Location: 10931 N De Anza Blvd. (APN #326-10-061)
SECTION II: 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, all 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 August 1,
2019 meeting reviewed the Public Draft Initial Study (“Draft IS/MND”)for The De Anza
Hotel Project (“Project”), received public comments, and voted 5-0 vote to recommend
adoption of a Mitigated Negative Declaration (“MND”) with minor modifications, and
provided measures that ensure the least impactful development of the proposed hotel;
and
WHEREAS, based on substantial evidence in the record, on December 10, 2019, the
Planning Commission recommended on a X-X vote that the City Council adopt of the
MND (EA-2018-03) for the Project, adopt and incorporated into the Project and
implement as conditions of approval all of the mitigation measures for the Project within
the responsibility and jurisdiction of the City that are identified in the Final IS/MND, and
adopt the Mitigation Monitoring and Reporting Program for the Project prior to taking
final action on the Project; and
WHEREAS, on December 10, 2019 the Planning Commission recommended on a 4-0
(Saxena Absent) vote that the City Council approve the General Plan Amendment (GPA-
2018-01), in substantially similar form to the Resolution presented (Resolution No. 6890),
Resolution No. 20-009
Page 2
approve the Development Permit (DP-2018-01) in substantially similar form to the
Resolution presented (Resolution No. 6892), approve the Architectural and Site Approval
Permit (ASA-2018-02) in substantially similar form to the Resolution
presented(Resolution No. 6893), approve the Use Permit (U-2018-02) in substantially
similar form to the Resolution presented (Resolution No. 6894), approve and adopt an
ordinance to approve a Development Agreement (DA-2018-01) in substantially similar
form to the Ordinance presented; and
WHEREAS, all necessary public notices having been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, on March 3, 2020 upon
due notice, the City Council held a public hearing to consider the Use Permit; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, on March 3, 2020, after consideration of substantial evidence contained in the
entire administrative record and prior to consideration of the Use Permit, the City
Council adopted Resolution No. 20-005 adopting the MND, Resolution No. 20-006
adopting the General Plan Amendment, Resolution No. 20-007 approving the
Development Permit, and Resolution No. 20-008 approving the Architectural and Site
Approval Permit; and
WHEREAS, the applicant has met the burden of proof required to support the application
for a Use Permit; 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 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 and Municipal
Code Requirements since the Project is consistent with the existing land use designations
(Commercial, 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.
Resolution No. 20-009
Page 3
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-2018-03), subject to the conditions
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-2018-02, 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-2018-02 as set forth in the Minutes of the City Council Meeting of January 21, 2020
Meeting, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated April 19, 2019 consisting of 44 sheets labeled
as The De Anza, Table of Contents, A0.00 – A5.15, A11.00-A11.08, C1.0-C3.2, and L1-
L4, drawn by Winkleman Designs, JMH Weiss, and The Guzzardo Partnership, 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. GPA-2018-01, DP-2018-01, DA-2018-
01, ASA-2018-02, and EA-2018-03 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 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
Resolution No. 20-009
Page 4
shall review amendments to the project considered major by the Director of
Community Development.
6. HOURS OF OPERATION FOR SEPARATE BARS
The separate bars are authorized to operate within the hours allowed by state law.
7. MAXIMUM LENGTH OF HOTEL STAYS
Hotel stays shall be limited to a maximum of 29 days per reservation. The hotel
operator is responsible for implementation of this condition of approval.
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. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor impacts from
the restaurants to the adjacent community. The odor abatement systems shall be
installed prior to final occupancy of the associated restaurant(s). Detailed plans shall
be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
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.
Resolution No. 20-009
Page 5
13. INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall indemnify, defend with the
attorneys of the City’s choice, and hold harmless the City, its City Council, and its
officers, employees, and agents (collectively, the “indemnified parties”) from and
against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy,
or proceeding brought by a third party against one or more of the indemnified parties
or one or more of the indemnified parties and the applicant related to this
Resolution/Action Letter, the related entitlements, 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 applicant
shall pay such attorneys’ fees and costs within 30 (thirty) days following receipt of
invoices from City. Such attorneys’ fees and costs shall include amounts paid to the
City’s outside counsel and shall include City Attorney time and overhead costs and
other City staff overhead costs and any costs directly related to the litigation
reasonably incurred by City. The applicant shall likewise indemnify, defend, and hold
harmless the indemnified parties from and against any damages, attorneys’ fees, or
costs awards, including attorneys’ fees awarded under Code of Civil Procedure
section 1021.5, assessed or awarded against the indemnified parties.
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.
SECTION IV: This Resolution shall not take effect unless and until General Plan
Amendment GPA-2018-01 becomes effective. This Resolution shall take effect on the day
that the Development Agreement for the Project takes effect.
PASSED AND ADOPTED this 3rd day of March 2020, 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, Paul, Chao, Sinks
NOES: Willey
ABSENT: None
ABSTAIN: None
Resolution No. 20-009
Page 6
SIGNED:
___________________ ________
Steven Scharf, Mayor
City of Cupertino
4/6/2020__________________
Date
ATTEST:
_________________________________
Kirsten Squarcia, City Clerk
4/6/2020__________________
Date