M-2010-07b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AdENUE • CUPERTINO, CA 95014-3255
C U P E RT i N O TELEPHONE: (4 )8) 777-3223 • FAX: (408) 777-3366
November 3, 2010
Shashi Corporation
Attn. Dipesh Gupta
10050 Wolfe Rd #SW1-276
Cupertino, CA 95014
Re: Consider approval of modifications to a previously approved Use Permit (U-2008-02) to
reduce the amount of parking sp �ces including reductions (size and scope) in the
restaurant/bar and conference areas, and eliminate the green building requirement for an
approved 138-room hotel
Dear Mr. Gupta:
At its November l, 2010 meeting, the (;upertino City Council modified the use permit to
incorporate an alternative plan to keep the same number of rooms, reduce the amenity space, reduce
the parking ratio to .75, and require valet pa�king. The City will review the parking plan after 1 and
2 years of operation.
The Use Permit Modification conditions are �s follows unless amended above:
SECTION III: CONDITIONS ADMINISTELZED 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 struc c 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 &�ite approval (ASA-2008-07) conditions, not otherwise
modified, remain in effect:
2. DEVELOPMENT APPROVAL
Approval is granted to construct a 5-ston,�, up to a 138-room hotel that includes a restaurant, bar,
lounge and conference rooms built over a one �e-level underground parking � g�a ge•
Conference rooms shall be reduced to 1,000 square feet, restaurant and bar areas shall be
reduced and reoriented to serve just the h�tel patrons, and the swimming pool shall be deleted.
M-2010-07 November 3, 2010
,
5. SPECIAL PARKING ARRANGEMENTS
Parkin� shall be provided at a ratio of 0.15 parkin sg room, up to 138 guest rooms.
^ ���^-��� � �*°a �^r �° Tandem and lift parking arrangements �� a°��r;'�°a ;^ +�° ° �r^•
�e� may be allowed to meet the parkin� requirement subject to the approval of the Director
of Communitv Development at the buildirg�permit stage.
The a�plicant shall provide a valet parkin�T service for up to 24 hours per day, 365 days per year,
depending on parking demand. A valet parking plan shall be reviewed and approved bv the
Director of Community Development. �
Staff shall review"the parking situation af�er one �ear and two vears of hotel operation. If there
are overflow parking problems, the Cit�� mav reo�en the use permit and impose additional
conditions to remed_y an�parking problerr_
l lb. RESTOR.ATION OF ORIGINAL HOTI:L USE PERMIT & ARCHITECTUR.AL AND SITE
APPROVAL
If the applicant determines, he may file �in a�plication for a Director's Minor Modification to
revoke the use permit and architectural a.tid site approval modification (file no. M-2010-07�d
restore the original permits, U-2008-02 & ASA-2008-07, in their entiretv, provided the original,
U-2008-02 and ASA-2008-07, have not e:�pired. Upon the original, U-2008-02 and ASA-2008-
07 being restored all rights to the modification M-2010-07, shall be deemed extin uig_shed.
Please review conditions carefully. If yo u 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 conclitions require tree preservations, do not clear the
site until required tree protectioo devices are installed.
The conditions of project approval set Jorth herein may include certain fees, dedication
requirements, reservation requirements, an d other exactions. Pursuant to Government Code
Section 66020(d)(1), these conditions const,�tute written notice of a statement of the amount of
such fees, and a description of' the dedicc�tions, reservations, and other exactions. You are
hereby further notified that the 90-day ap,�roval 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-da � period �omplying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
Any interested person, including the applicant, prior to seeking judicial review of the City
Council's decision in this matter, must first fi[e a Petition for Reconsideration with the City
Clerk within ten days after the mailing of �`he notice of the Council's decision. Any petition so
filed must comply with Municipal Ordinana� code �2.08.096.
This letter will serve as your final Use Permit.
2
M-2010-07 November 3, 2010
Sincerely:
U'�-C
Grace Schmidt
Deputy City Clerk
cc: Community Development
3
M-2010-07
CITY OF ��UPERTINO
10300 Tc�rre Avenue
Cupertino, C:alifornia 95014
RESOLUT] ON NO. 6614
OF THE PLANNING COMMISS [ON OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF �� USE PERMIT AND ARCHITECTURAL
& SITE APPROVAL MODIFICATIOI� TO ALLOW THE REDUCTION OF THE
REQUIRED PARKING, RESTAURAI��T SPACE, CONFERENCE ROOMS AND
OTHER HOTEL AMENITIES FOR f�N 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 describec� 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 matte�•; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the followin�; requirements:
1) The proposed use, at the proposed lo�:ation, will not be detrimental or injurious to
property or improvements in the viciruty, and will not be detrimental to the public
health, safety, general welfare, or conv �nience;
2) The proposed use will be located anc� 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 :he conditions which are enumerated in this
Resolution beginning on Page 2 thereof; a�ld
That the subconclusions upon which tY►e findings and conditions specified in this
resolution are based and contained in the public hearing record concerning Application
Resolution No. 6614 M-:'_010-07 October 26, 2010
Page 2
No. M-2010-07 as set forth in the Minuies 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 ADMINISTF:RED BY THE COMMUNITY
DEVELOPMENT DEPT.
REVISIONS TO USE PERMIT FILE NO. U-2008-02 & ASA-2008-07
The following Conditions of Use Permit, f ile no. U-2008-02, are revised in their entirety
as followed (new text is underlined; d��leted text is struck through). Use permit
conditions that are repeated in the Archit �ctural and Site Approval (file no. ASA-2008-
0� are identically modified. All the othE�r use permit (U-2008-02) and architectural &
site approval (ASA-2008-07) conditions, nc>t otherwise modified, remain in effect:
2. DEVELOPMENT APPROVAL
Approval is granted to construct a 5-:�tory, � to a 138-room hotel that includes a
restaurant, bar, lounge and confe:�ence rooms built over a one #we-level
underground parking � ag ra�e. Conference rooms shall be reduced to 1,000
square feet, restaurant and bar areas �hall be reduced and reoriented to serve just
the hotel patrons, and the swimming pool shall be deleted.
5. SPECIAL PARKING ARRANGEMENT'S
Parkin,� shall be provided at a ratio ��f 0 60 . parking space/�uest room, up to 138
�uest rooms. �e Tandem and lift parking arrangements as
�� r•� a• ��� �rrM�� r��r ��} may be allowed to meet the �arking requirement
rr r
subject to the a�proval of the Directo�• of Communit� Development at the buildin�
�ermit stage.
The applicant shall�rovide a valet p� rking service for up to 24 hours per day, 365
daXs �er year, depending on parkir� demand. A valet parkin�plan shall be
reviewed and a�proved by the Director of Communit,y Development. In addition,
the a�plicant shall �rovide a shuttle service for hotel guests.
After one Xear of hotel operation, sta:=f shall review the parking situation. If there
are overflow parking problems, the � may reo�en the use permit and impose
additional conditions to remedy anv parking problem.
Resolution No. 6614 M-:?010-07 October 26, 2010
Page 3
8. GREEN BUILDING
At the building permit stage, the ap��licant shall re�ister his�roject with Green
Buildin� Certification Institute (GBCI) After the buildin�permit has been finaled,
the City may �rant temporarv buil �in� occu�ancy upon the completion and
submittal of the LEED certification apX�lication for Silver desi�nation to GBCI. Final
buildin� occupancy shall be �ranted k�y the City upon the granting of LEED Silver
designation by GBCI or a determinati��n by the Community Development Director
that the a�plicant has made a og od fz ith effort to obtain the LEED Silver buildin�
certification.
• � � L, 11 1 1 � �1, + ,a l-. „F; 4�
11a. PUBLIC ART
�1�e^�a ^ t ,;�t, �„r,,,,.,� n� ", ,.,�i;,,�, � ��
n„�,�• ,.� �„�� �• r •�� �,� „o�,;,,r.,,,a ti . The public art
requirement is hereby waived.
11b. RESTORATION OF ORIGINAL HOZ'EL USE PERMIT & ARCHITECTURAL AND
SITE APPROVAL
If the a�plicant determines, he may file an �plication for a Director's Minor
Modification to revoke the use pe:�mit and architectural and site approval
modification (file no. M-2010-0� and r�store the original permits, U-2008-02 & ASA-
2008-07, in their entirety, except fo�• the modification to Condition #8 (Green
Building� above, provided the ori�nal, U-2008-02 and ASA-2008-07, have not
expired. Upon the original, U-2008-0:? 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 deerr�ed extin i�u shed•
Resolution No. 6614 M-?010-07 October 26, 2010
Page 4
PASSED AND ADOPTED this 26th day �f October 2010, at a Regular Meeting of the
Planning Commission of the City of Cupe�•tino by the following roll call vote:
AYES: COMMISSIONERS: Giefer, Kaneda, Miller, Vice-Chair Lee and Chair
Brophy
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Ls/Aarti Shrivastava /s/Paul Broph,y
Aarti Shrivastava Paul Brophy, Chair
Community Development Director Planning Commission
g/planning/pdreport/res/1010/M-2010-07 res.doc