Reso 6614 M-2010-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6614
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT AND ARCHITECTURAL
&SITE APPROVAL MODIFICATION TO ALLOW THE REDUCTION OF THE
REQUIRED PARKING, RESTAURANT SPACE, CONFERENCE ROOMS AND
OTHER HOTEL AMENITIES FOR AN APPROVED HOTEL LOCATED AT
10165 NORTH DE ANZA BLVD.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit Modification, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1) The proposed use, 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;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan, and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit Modification is hereby
recommended for approval, subject to the conditions which are enumerated in this
Resolution beginning on Page 2 thereof; 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
'Resolution No. M-2010-07 October 26,2010
Page 2
No. M-2010-07 as set forth in the Minutes of the Planning Commission Meeting of
October 26, 2010 and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: M-2010-07
Applicant: Dipesh Gupta
Property Owner: Abe Kaabipour
Location: 10165 North De Anza Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
REVISIONS TO USE PERMIT FILE NO. U-2008-02 & ASA-2008-07
The following Conditions of Use Permit, file no. U-2008-02, are revised in their entirety
as followed (new text is underlined; deleted text is struck through). Use permit
conditions that are repeated in the Architectural and Site Approval (file no. ASA-2008-
07) are identically modified. All the other use permit (U-2008-02) and architectural &
site approval (ASA-2008-07) conditions, not otherwise modified, remain in effect:
2. DEVELOPMENT APPROVAL
Approval is granted to construct a 5-story, u.�� to a 138-room hotel that includes a
restaurant, bar, lounge and conference rooms built over a one #�e-level
underground parking � gara�e. Conference rooms shall be reduced to 1,000
sc�uare feet and restaurant and bar areas shall be reduced and reoriented to serve
just the hotel patrons.
5. SPECIAL PARKING ARRANGEMENTS
Parkin� shall be provided at a ratio of 0.70 parkin�space/�uest room, up to 138
�uest rooms. °„„M^���' �° ��^'�"}^`' �^_���Tandem and lift parking arrangements�s
a����-;��a ;r �-�� n„„r^=,�a „��� ���ma�be allowed to meet the parkin�requirement
subiect to the a�proval of the Director of Community Development at the buildin�
�ermit stage.
�r�n r�t�r ��� nr�r��in_� 1- c.�..�� ...-�v���i ���. .�. T �i�'n Ci����r ��c•i�r�.��i�r�
t/ {.1L1 r 1Vl K LLLL V 1� T�T�
1 1 d ��
�Ilesolution No. M-2010-07 October 26,2010
Page 3
8. RESTORATION OF ORIGINAL HOTEL USE PERMIT & ARCHITECTURAL AND
SITE APPROVAL
If the a�plicant determines, he may file an application for a Director's Minor
Modification to revoke the use permit and architectural and site appr�
modification (file no. M-2010-0� and restore the ori i� nal permits, U-2008-02 & ASA-
2008-07, in their entiret,�provided the ori�inal, U-2008-02 and ASA-2008-07, have
not ex�ired Upon the original, U-2008-02 and ASA-2008-07 be in� restored, all
ri�hts to the modification, M-2010-07, shall be deemed extinguished.
PASSED AND ADOPTED this 26th day of October 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following ro11 call vote:
AYES: COMMISSIONERS: Chairperson Brophy,Vice Chair Lee, Kaneda,
Giefer, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
��� �
;,
Aarti Shrivastava Paul Brophy, air
Community Development Director Planning Co ssi
g/planning/pdreport/res/L010/M-2010-07 res.doc