102-A. PC Resolution for M-2010-07.pdfAttachment A
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. 6614 M-2010-07 October 26, 2010
Page 2
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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, up to a 138-room hotel that includes a
restaurant, bar, lounge and conference rooms built over a one t-oae-level
underground parking podium garage. Conference rooms shall be reduced to 1,000
square feet, restaurant and bar areas shall be reduced and reoriented to serve just
the hotel patrons, and the swimming pool shall be deleted.
5. SPECIAL PARKING ARRANGEMENTS
Parking shall be provided at a ratio of 0.60 parking space/guest room, up to 138
guest rooms. Tandem and lift parking arrangements as
may be allowed to meet the parking requirement
subject to the approval of the Director of Community Development at the building
permit stage.
The applicant shall provide a valet parking service for up to 24 hours per dam
days per year, depending on parking demand. A valet parking plan shall be
reviewed and approved by the Director of Community Development. In addition,
the applicant shall provide a shuttle service for hotel guests.
After one year of hotel operation, staff shall review the parking situation. If there
are overflow parking_ problems, the Cie may reopen the use permit and impose
additional conditions to remedy any parking problem.
Resolution No. 6614 M-2010-07 October 26, 2010
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8. GREEN BUILDING
At the building permit stage, the applicant shall register his project with Green
Building Certification Institute (GBCI). After the building_ permit has been finaled,
the Cie may grant temporary building occupancy pon the completion and
submittal of the LEED certification application for Silver designation to GBCI. Final
building occupancy shall be granted by the Cityupon the granting of LEED Silver
designation by GBCI or a determination by the Community Development Director
that the applicant has made a good faith effort to obtain the LEED Silver building
certification.
11a. PUBLIC ART
The public art
requirement is hereby waived.
11b. RESTORATION OF ORIGINAL HOTEL USE PERMIT & ARCHITECTURAL AND
SITE APPROVAL
If the applicant determines, he may file an application for a Director's Minor
Modification to revoke the use permit and architectural and site approval
modification (file no. M-2010-07) and restore the original permits, U-2008-02 & ASA-
2008-07, in their entirely, , except for the modification to Condition #8 (Green
Building) above, provided the original, U-2008-02 and ASA-2008-07, have not
expired. Upon the original, U-2008-02 and ASA-2008-07 being restored except the
modification to Condition #8 (Green Building) described above, all rights to the
modification, M-2010-07, shall be deemed extinguished.
Resolution No. 6614 M-2010-07 October 26, 2010
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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 roll call vote:
AYES: COMMISSIONERS: Giefer, Kaneda, Miller, Vice -Chair Lee and Chair
Brophy
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
/s/Aarti Shrivastava
Aarti Shrivastava
Community Development Director
g:/planning/pdreport/res/2010/M-2010-07 res.doc
APPROVED:
/ s / Paul Brophy
Paul Brophy, Chair
Planning Commission