Reso 6542 �- U-2008-02
= CITY OF CUPERTINO
- 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6542
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH A GASOLINE
STATION AND CARWASH AND CONSTRUCT A 5-STORY, 138-ROOM HOTEL OF
ABOUT 85,000 SQUARE FEET THAT INCLUDES A RESTAURANT,BAR, LOUNGE,
AND CONFERENCE ROOMS BUILT OVER A TWO-LEVEL UNDERGROUND
PARKING PODIUM THAT CONTAINS TANDEM &LIFT PARKING LOCATED AT
10165 NORTH DE ANZA BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, 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; and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the Conditional Use
Permits Chapter of the Cupertino Municipal Code.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for a Use Permit 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
No. U-2008-02 as set forth in the Minutes of the Planning Commission Meeting of
November 25, 2008 and January 13, 2009, and are incorporated by reference as though
fully set forth herein.
Resolution No. 6542 U-2008-02 January 13,2009
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: U-2008-02
Applicant: Rajeev Chopra
Location: 10165 North De Anza Blvd.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUlVITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: Cupertino Hotel by Shashi Corporation,
"consisting of 22 pages labeled C1, C2, A1-A16, L1, L2, CP1 and CP2, except as
may be amended by the conditions contained in this resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct a 5-story, 138-room hotel that includes a
restaurant,bar, lounge and conference rooms built over a two-level underground
parking podium.
3. DEVELOPMENT ALLOCATION
The applicant shall receive the uncommitted hotel allocation from the South
Vallco Planning Area, the remaining commercial allocation from the North De _
Anza Boulevard Planning Area and any needed remaining commercial allocation
from the Heart of the City Planning Area. There will be no discounting of the
commercial square footage for hotel use based on peak hour traffic equivalency.
Any commercial allocation granted to the hotel will be readjusted at the time
additional hotel allocation becomes available in the General Plan.
4. LENGTH OF HOTEL STAYS
Hotel stays shall be limited to a maximum of 30 days per reservation.
5. SPECIAL PARKING ARRANGEMENTS
Approval is granted for the tandem, lift and also valet parking arrangements as
described in the approved plan set.
6. SICYCLE PARKING
The applicant shall provide bicycle parking facilities for the proposed
development in accordance with the City's Parking Regulations under Chapter
19.100 of the Cupertino Municipal Code.
7. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be
reviewed and approved by the Director of Community Development prior to ,.
issuance of building permits. The landscape plan shall include:
Resolution No. 6542 U-2008-02 January 13,2009
Page 3
1) water conservation and pesticide reduction measures in
conformance with Chapter 14.15,Xeriscape Landscaping,
2) pesticide control measures referenced in Chapter 9.18,
Stormwater Pollution Prevention and Watershed Protection, of
the Cupertino Municipal Code, and
8. GREEN BUILDING
At the building permit stage, the applicant shall apply for a LEED Silver
designation for the building and consider a power purchase agreement. The
applicant shall also evaluate the costs and benefits of a photovoltaic versus a
solar water heating system (or a combination) as part of its green building
measures.
9. DEMOLITION RE UIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials will be recycled prior to issuance of final demolition
permits.
10. 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.
11. PUBLIC ART
The applicant shall provide public art in accordance with General Plan policy
2-66. Public art selection will be reviewed by the Fine Arts Commission.
12. CLOSURE OF ASANDONED WELLS
Prior to grading and demolition permit issuance, the applicant shall provide the
City with a well closure letter from the Santa Clara Valley Water District as that
agency may deem necessary.
1
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Resolution No. 6542 U-2008-02 January 13, 2009 =
Page 4
13. GEOTECHNICAL REVIEW
Prior to building permit issuance, the applicant shall provide a geotechnical
report for the hotel and basement for review and approval by the City and City
Geologist.
14. AGREEMENT TO TOIN AN OPEN SPACE MAINTENANCE DISTRICT
Prior to building permit issuance, the applicant shall record a covenant on the
property agreeing to join an open space maintenance district for the purpose of
maintaining the De Anza Blvd. landscaping if and when such a district has been
formed. Until such time, the applicant shall be responsible for maintaining their
landscaped area in a manner acceptable to the City.
15. TRASH ENCLOSURE ODOR CONTROL
All food refuse shall be double bagged (or placed in containers) and be sealed to
prevent leakage. No refuse or recycling products shall be stored or placed in a
manner that would cause odor and/or vector problems. In the event that there
is evidence that there are problems with vectors and/or odors, the Planning
Commission may hold a public hearing to review, modify or revoke the use
permit.
16. LANDSCAPING SCREENING OF HOTEL
The applicant shall supply and plant (if requested) evergreen trees on the
easterly side of the North De Anza Boulevard right of way to fill in the gaps of
the landscape screen between the proposed hotel and Parlett Place residences.
The tree planting shall be reviewed and approved by City staff.
17. CONSTRUCTION MANAGEMENT PLAN
Prior to building permit approval, the applicant shall provide a construction
management plan for the project, including and name and contact information
of the complaint coordinator.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
18. STREET WIDENING
Street widening and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
19. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer.
20. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer.
Lighting fixtures shall be positioned so as to preclude glare and other forms of
Resolution No. 6542 U-2008-02 January 13,2009
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- visual interference to adjoining properties, and shall be no higher than the
-� maximum height permitted by the zone in which the site is located.
21. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
22. GRADING
Grading shall be as approved and required by the City Engineer in accordance
with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404
permits maybe required. Please contact Army Corp of Engineers and/or Regional
Water Quality Control Board as appropriate.
23. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post-
development calculations must be provided to indicate whether additional storm
water control measures are to be installed.
24. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. The developer shall submit detailed plans showing
utility underground provisions. Said plans shall be subject to prior approval of the
affected Utility provider and the City Engineer.
25. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking
and inspection fees, storm drain fees, park dedication fees and fees for under
grounding of utilities. Said agreement shall be executed prior to issuance of
construction permits.
Fees:
a. Checking&Inspection Fees: $ 6% of Off-Site Improvement Cost or
$3,847.00 minimum
b. Grading Permit: $ 6% of Site Improvement Cost or
$2,239.00 minimum
c. Development Maintenance Deposit: $ 2,000.00
d. Storm Drainage Fee: N/A
e. Power Cost: '�'�
f. Map Checking Fees: N/A
g. Park Fees: N/A
h. Street Tree By Developer
Resolution No. 6542 U-2008-02 January 13, 2009
Page 6
'��' Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site
Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
-The fees described above are imposed based upon the current fee schedule
adopted by the City Council. However, the fees imposed herein may be modified
at the time of recordation of a final map or issuance of a building permit in the
event of said change or changes,the fees changed at that time will reflect the then
current fee schedule.
26. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment
enclosures shall be screened with fencing and landscaping or located underground
such that said equipment is not visible from public street areas. The transformer
shall not be located in the front or side building setback area.
27. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in grading and street improvement plans.
28. DEDICATION OF WATERLINES
The applicant shall dedicate to the City all waterlines and appurtances installed to
City Standards and shall reach an agreement with San Jose Water for water service
to the subject development.
29. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources
Control Board, which encompasses preparation of a Storm Water Pollution
Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs)
to control storm water runoff quality, and BMP inspection and maintenance.
30. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
The applicant must include the use and maintenance of site design, source control
and storm water treatment BMP's, which must be designed per approved numeric
sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement "
Agreement, Storm Water Facilities Operation and Maintenance Agreement, and
Resolution No. 6542 U-2008-02 january 13, 2009
Page 7
certification of ongoing operation and maintenance of treatment BMP's are
required.
31. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered
Civil Engineer. This plan should include all erosion control measures used to
retain materials on site. Erosion control notes shall be stated on the plans.
32. TRASH ENCLOSURES
The trash enclosure plan shall be designed to the satisfaction of the Environmental
Programs Manager.
33. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager
in regards to refuse truck access for the proposed development.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV.
Of this resolution conform to generally accepted engineering practices
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 13th day of January 2009, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Giefer, Rose, Kaneda, Brophy
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTES . APPROVED: �
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Steve Piasecki, irector Mart ille , Chair
Community Development Department Plannin mmission
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