Reso 6198 M-2003-03
CITY OF CUPER'TINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6198
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION TO A USE PERMIT FOR
FA�ADE IMPROVEMENTS AND OUTDOOR SEATING AT AN EXISTING, VACANT
RESTAURANT.
SECTION I: PROTECT DESCRIPTION
Application No(s): M-2003-03
Applicant: Louie Tsigaris (Flames Restaurant)
Location: 10630 S. DeAnza Boulevard, Cupertino, CA
SECTION II: FINDINGS FOR USE PERMIT
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
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 Modification is hereby recommended for
approval, subject to the conditions which are enumerated in this Resolution beginning on
Page 2 thereof; and
Resolution No. 6198 M-2003-03 July 28, 2003
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. M-2003-03, as set forth in the Minutes of the Planning Commission Meeting of July
28, 2003, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS:
The recommendation of approval is based on the exhibits labeled "Flames
Restaurant", Sheets CS, SP, A1, A4, L1 and L2 except as may be amended by the
conditions contained in this resolution.
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. HOURS OF OPERATION:
The permitted hours of operation for the restaurant shall be from 6:00 a.m. to 11:00
p.m. Monday through Sunday.
4. FA�ADE IMPROVEMENTS:
The applicant shall add a stone or tile base to the building and add larger awnings
over the south facing windows. Staff will review and approve these items.
5. STREETSCAPE IMPROVEMENTS:
The applicant shall work with staff to redesign the proposed sidewalk transition to
minimize reconstruction of the sidewalk when the adjacent properties transition
from a monolithic sidewalk to a park strip.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
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Resolution No. 6198 M-2003-03 July 28, 2003
Page 3
2. 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.
3. 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.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
6. GRADING
Grading shall be as approved and required by the City Engineer in accordance
with Chapter 16.08 of the Cupertino Municipal Code. Please contact Army Corp of
Engineers and/or Regional Water Quality Control Board as appropriate.
7. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to identify if storm drain facilities
need to be constructed or renovated.
8. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
9. 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.
10. 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
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Resolution No. 6198 M-2003-03 July 28, 2003
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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
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: PAID
e. Power Cost: **
f. Map Checking Fees: N/A
g. Park Fees: N/A
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvement
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.
12. 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.
13. 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.
14. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP shall
be included in your grading and street improvement plans.
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Resolution No. 6198 M-2003-03 July 28, 2003
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Pre and post-development (BMPs) shall be included within every plan set to the
maximum practicality,which could include but not limited to grassy swales, sand
filters, detention basins, pavers, permeable pavement and additional landscaping.
In addition, beginning on October 15,2003, the San Francisco Regional Water
Quality Control Board (SFRWQCB) require additional conditions of approval
related to storm water quality control. Please see attached (Item 2)
15. SITE PLAN
The site plan shall include drainage on and off-site as well as any proposed
additional public works improvements to be constructed, which includes
sidewalk, curb and gutter, streetlight and walkways. All BMPs shall be identified
on the site plan.
16. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior
to obtaining a building permit.
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.
C� uuu
Ralph Qualls, Director of Public s
City Engineer CA License 22046
PASSED AND ADOPTED this 28th day of July 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Corr, Miller, Vice-Chair Saadati and Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
I
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Resolution No. 6198 M-2003-03 July 28, 2003
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ATTEST: ,� APPROVE�:
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Steve Piasecki Ta i aadati, Vice-Chair
Director of Community Development Planning Commission
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