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102-A. Approval letter to applicant, dated January 23, 2009.pdfOFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 January 23, 2009 AMENDED Rajeev Chopra Shashi Corp 10050 Wolfe Rd Suite #SW1-276 Cupertino, CA 95014 Ebrahim Kaabipour 12600 Saratoga Ave Saratoga, CA 95070 Re: Consider Application Nos. U-2008-02, ASA-2008-07, TR-2008-09 (EA-2008-08), Raj eev Chopra (Ebrahim Kaabipour), a 5-story hotel on 10165 N De Anza Blvd. (Continued from Dec. 2): a) Negative declaration b) Use Permit and Architectural and Site approval to demolish an existing gasoline station/car wash and construct a 5-story, 138 room hotel of approximately 82,000 square feet, which will include a restaurant, bar, lounge and conference rooms built over a two -level underground parking podium that contains tandem parking c) Tree Removal request to remove 6 trees and replace with a comprehensive landscape plan Dear Mr. Chopra and Mr. Kaabipour: At its Jan. 20, 2009 meeting, the Cupertino City Council approved the project with the following additional conditions: ® Adopted a Negative Declaration Approved Allocation Option 2 (which involves using the uncommitted hotel allocation from the Vallco planning area and using commercial allocation from the North De Anza planning area that has been discounted based on peak hour trip equivalency) with the condition that when the Cupertino Square Mall development agreement ends, the hotel allocations will be transferred to the approved hotel projects and the commercial allocation will be returned to the available pools of development U-2008-02 January 23, 2009 • Approved Architectural Design Option No. 2. If there is a parking problem or concern, the matter shall be brought back before the City • The Construction -Management Plan shall provide for posting of a 24-hour telephone number for complaints and additional fencing • The applicant shall provide 201 spaces (with capacity of up to 240 with valet service); an adequate number of spaces for self -parking shall be worked out with staff • The applicant shall plant more trees/shrubs on the eastern side of De Anza Blvd. on City property to fill in gaps where there may be a view of the hotel in consultation with the neighbors and City staff. • The irrigation system shall be evaluated and the applicant shall be responsible for the one- time cost to update the infrastructure • The applicant shall offer shrubs to the neighbors for privacy screening • The applicant shall plant larger trees (48-inch box) on the west side of the street The Use Permit conditions are as follows unless amended above: SECTION III: CONDITIONS ADNM14ISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: Cupertino Hotel by Shashi Corporation, "consisting of 22 pages labeled Cl, C2, Al-A16, Ll, 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. R� January 23, 2009 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. BICYCLE 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: 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 REQUIREMENTS 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. 3 U-2008-02 January 23, 2009 12. CLOSURE OF ABANDONED 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. 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 JOIN 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 January 23, 2009 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 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: NIA h. Street Tree By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC January 23, 2009 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. J 1 ter liCl7►[il lliif/_TI M Jl�l� I��.y 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. 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 certification of ongoing operation and maintenance of treatment BNIP'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. U-2008-02 January 23, 2009 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. The Architectural and Site Approval conditions are as follows unless amended above: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: Cupertino Hotel by Shashi Corporation, "consisting of 22 pages labeled Cl, C2, Al-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. BICYCLE 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. W191111-Im January 23, 2009 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: 3) water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, 4) 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) aspart of its green building measures. 9. DEMOLITION REQUIREMENTS 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 ABANDONED WELLS Prior to grading and demolition pen -nit 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. 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. 8 U-2008-02 January 23, 2009 14. AGREEMENT TO JOIN 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 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. January 23, 2009 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: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree $ 6% of Off -Site Improvement Cost or $3,847.00 minimum $ 6% of Site Improvement Cost or $2,239.00 minimum $ 2,000.00 N/A N/A N/A By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: d. Faithful Performance Bond: 100% of Off -site and On -site Improvements e. Labor & Material Bond: 100% of Off -site and On -site Improvement f. 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. 10 U-2008-02 January 23, 2009 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 perapproved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and 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. 11 U-2008-02 January 23, 2009 The Tree Removal conditions are as follows unless amended above: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. TREE REMOVAL The applicant is authorized to remove six protected trees consisting of two Coast Redwoods, two Deodar Cedars and two Canary Island Pines identified as Nos. 1-6 in a report prepared by Arbor Resources. The approval is based on the Exhibit entitled: "A Review of the Proposed Removal and Replacements of Six Trees Located at 10165 North De Anza Boulevard, Cupertino, California APN 326-34-057," and dated August 18, 2008, except as may be amended by the conditions contained in this resolution. 2. TREE REPLACEMENT To mitigate the loss of the subject trees, the applicant shall implement the landscape plans titled: "Cupertino Hotel Conceptual Landscape Plan, Shashi Corporation, Cupertino, CA" and "Cupertino Hotel Landscape Cross -Sections and Notes, Shashi Corporation, Cupertino, CA," consisting of two sheets labeled L1 and L2 dated 1/06/09 by KLA Landscape Architecture Planning. 3. 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. Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development at 408-777-3308 for clarification. Failure to incorporate conditions into your plan set will result in delays at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. 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, 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 he legally harred from later challenging such exactions. 12 January 23, 2009 Any interested person, including the applicant, prior to seeking judicial review of the city council's decision in this matter, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code §2.08.096. Sincerely: Grace Schmidt Deputy City Clerk cc: Community Development 13