CC 04-03-2024 Item No. 7. Amendment to Development Agreement Cupertino Village Boutique Hotel DA-2023-002_Staff Presentation10801 and 10805 N. Wolfe Rd
April 3, 2024
Amendment to a Development Agreement for the
Cupertino Village Boutique Hotel Project and
associated environmental review.
DA-2023-002
CC 04-03-2024 Item No. 7
Background ●Two Buildings.
●July 16, 2019, City Council
Approved 185 Room Hotel.
●August 20, 2019, CC
conducted the second
reading to adopt a
Development Agreement
(DA-2017-01, Ordinance
No. 19-2186)
●Effective Date
November 19, 2019.
●Five-year term ends
November 19, 2024.
●Vests development
standards as of the
effective date.
●Updated Building
Codes apply.
Apple ParkCupertino Village Shopping
Center
The Hamptons
Arioso Apartments
Hilton
Garden Inn
N.
W
o
l
f
e
R
d
.
Development Agreement – Community Benefits
●Community Amenity Funding
●Transportation Demand Management (TDM) Program
●Transportation Management Association (TMA)
●Shuttle Service
●Meeting Rooms
●Reduced Rates
●Internships & Preferential Hiring
●Minimum Hotel Standard
Request
•Term of agreement extended to the (8th) anniversary of the
Effective Date (November 19, 2027).
•In the event the Developer submits for a Building Permit for the
core and shell of the hotel within three (3) years of the Effective
Date of the 1st Amendment, the Term of the agreement is
automatically extended for two additional years, for a total of
five years, i.e., until November 19, 2029.
•If Certificate of Occupancy for the Project is issued within five (5)
years of the Effective Date of the First Amendment (April 16,
2029) Developer shall be relieved of its obligations to make
further Community Amenity Funding payments.
●Any proposed revisions to the amount of parking and/or parking
layout, are treated as an Administrative Project Amendment and
not subject to an amendment to this agreement.
Planning Commission
March 12, 2024, Planning Commission recommended (4-0,
Madhdhipatla absent) that City Council adopt the proposed
amendments to the Development Agreement with the following
modification:
●Development Agreement to require that the project comply with
the bird safe and dark sky ordinance, Cupertino Municipal Code
Chapter 19.102: Glass and Lighting Standards.
Environmental Assessment
●In conformance with Mitigated Negative Declaration
●CEQA guidelines Section 15162
Recommended Action
Staff recommends that the City Council conduct the public hearing
and conduct the first reading of the Ordinance:
1.Find the amendment to the existing development agreement
consistent with the project's Mitigated Negative Declaration
(State Clearinghouse No. 2018112025) and
2.Adopt the ordinance to amend the existing Development
Agreement (DA-2023-002).
Next Steps
Second Reading is tentatively scheduled for 4/16/24.