Reso 6128 U-2002-01
CITY OF CUPERTINO
10300 Torre Avenue
� Cupertino, California 95014
� RESOLUTION NO. 6128
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE DEMOLITION OF
� AN EXISTING BAR/ RESTAURANT OF 9,079 SQUARE FEET, AND THE CONSTRUCTION
� OF A NEW 406-SEAT (8,349 SQUARE FEET) RESTAURANT AND BREWHOUSE WITH
OPERATING HOURS EXTENDED TO 2 A.M., 7 DAYS PER WEEK
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SECTION I: PROTECT DESCRIPTION
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� Application No(s): U-2002-01 (EA-2002-02)
Applicant: Chicago Pizza and Brewery, Inc. (BJ's)
( Location: 10690 North De Anza Boulevard
I SECTION II: FINDINGS FOR USE PERMIT
I 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
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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 is hereby recommended for approval,
subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof;
and
Resolution No. 6128 U-2002-01 March 25, 2002
Page 2
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No. U-2002-01
� (EA-2002-02), as set forth in the Minutes of the Planning Commission Meeting of March 25,
2002, and are incorporated by reference as though fully set forth herein.
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
� DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibits labeled BJ's Restaurant,10690
North De Anza Boulevard, Cupertino, California 95014, consisting of seven sheets with
dates and no dates and labeled: A-2.1, A-2.11, A3.1, A4.1, A4.1.1, C-1 and P1, except as
may be amended by the conditions contained in this resolution.
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2. 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.
3. PARKING EASEMENT
As part of its municipal code required parking, the applicant shall secure a parking
easement of at least 10 parking stalls on the adjacent property located at 10600 North De
Anza Boulevard (Assessor Parcel No. 316-02-103). The parking shall be convenient to
and accessible to BJ's restaurant employees and patrons after regular working hours, on
weekends and legal holidays. The parking shall be signed to notify potential users of its
restricted availability. The easement shall be recorded and an endorsed copy provided
to Community Development Dept. staff prior to building occupancy.
4. HOURS OF OPERATION
The permitted hours of operation for this business shall be from 7 a.m. to 2 a.m. the next
day, daily.
5. TREE PROTECTION
Existing trees designated for protection on the approved exhibits and within the
construction zone shall be fenced with rigid fencing (chain link fencing is the minimum)
during all phases of construction and demolition. The protective fencing shall be
Resolution No. 6128 U-2002-01 March 25, 2002
Page 3
erected, and a tree protection bond in the amount of $50,000 is required prior to issuance
of the demolition permit.
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6. TREE PLANTING
' The ten proposed new trees on the north and east sides of the building, and on the south
I side of the patio awning shall have a minimum planting size of 24" box.
7. ROOFTOP EQUIPMENT
� All rooftop equipment shall be completely screened from street view by the building
parapet. The Director of Community Development may approve a higher building
parapet to achieve this equipment screening.
, 8. UTILITY STRUCTURES
All new utility structures shall not be located in highly visible locations. The Director of
Community Development shall approve locations of utility structures at the building
� permit stage.
9. MARIANI AVENUE DIRECTIONAL SIGNAGE
� The applicant shall seek directional signage approval for the Mariani Avenue driveway
entrance.
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SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
10. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
11. 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.
12. 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.
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
14. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
Resolution No. 6128 U-2002-01 March 25, 2002
Page 4
15. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type
� approved by the City in accordance with Ordinance No.125.
I 16. 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.
17. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across
public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain
facilities are deemed necessary by the City Engineer. Development in all other zoning
districts shall be served by on site storm drainage facilities connected to the City storm
drainage system. If City storm drains are not available, drainage facilities shall be
installed to the satisfac�ion of the City Engineer.
� 18. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
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19. 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.
20. 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 undergrounding 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
$2,268.00
minimum
b. Grading Permit: $ 6% of Site Improvement Cost or $182.12
minimum
c. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee: Paid
e. Power Cost: **
f. Map Checking Fees: N/ A
Resolution No. 6128 U-2002-01 March 25, 2002
Page 5
g. Park Fees: N/ A
h. Street Tree By Developer
**
Based on the latest effective PG&E rate schedule approved by the PUC.
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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.
21. 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.
I 22. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to
City Standards and shall reach an agreement with San Jose Water for water service to
the subject development.
23. FIRE ACCESS LANES
Emergency .fire access lanes shall be recorded as fire lane easements on the final map
and shall meet Central Fire District standards.
24. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity which disturbs soil. BMP plans shall be included
in your grading and street improvement plans. Erosion and or sediment control plan
shall be provided.
25. STORM WATER QUALITY MANAGEMENT
Prior to building permit issuance, the applicant shall incorporate storm water quality
management design techniques intended to detain and percolate storm waters on the
project site. Revised project improvements shall be done to the satisfaction of the City
Engineer.
Resolution No. 6128 U-2002-01 March 25, 2002
Page 6
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/ SURVEYING CONDITIONS
(Section 66474.18 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.
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Ralph Qualls, Director of Public Work
PASSED AND ADOPTED this 25th day of March 2002, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Auerbach, Chen, Saadati, & Chairman Corr
NOES: COMMISSIONERS:
' ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
� ATTEST: � APP
" 5 / /
/(
Steve Piasecki Charles Corr, Chairman
Director of Community Development Planning Commission
G: planning/ pdreport/ res/ U-2002-01 res