Loading...
.03 U-2006-11 Janet Lau CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2006-11, EXC-2006-11, ASA-2006-23 Agenda Date: December 12, 2006 Applicant: Janet Lau, Merlion Restaurant and Wayne Okubo, Evershine Owner: Evershine, KCR Development Location: 19628 Stevens Creek Boulevard, APN 369-06-009 APPLICATION SUMMARIES: USE PERMIT, SIGN EXCEPTION and ARCHITECTURAL & SITE APPROVAL to operate a full bar, allow a sign (statue) to exceed the number and height of allowed signs and architectural site approval for minor exterior changes to provide outdoor seating at a proposed restaurant. RECOMMENDATION: Staff recommends that the Planning Commission: 1. Approve the Use Permit, file no. U-2006-11, based on the model resolution. 2. Approve the Sign Exception, file no. EXC-2006-11, based on the model resolution. 3. Approve the Architectural Site Approval, file no. ASA-2006-23, based on the model resolution. Project Data: General Plan Designation: Zoning Designation: Site Area: Seats: Project Consistency with: General Plan: Yes. Zoning: Yes. Specific Plan: Yes. Commercial/ Office / Residential P (Planned Development) 9.9 Acres (431,494 sq. ft.) 146 Total Environmental Assessment: Categorical Exemption BACKGROUND: The applicant, Janet Lau, on behalf of Merlion Restaurant, is requesting a use permit, to operate a full bar, architectural and site approval for minor exterior building changes to allow outdoor seating and a sign exception to allow a sign statue to exceed the number and height of allowed signs for the restaurant. The Merlion Restaurant will occupy 4,430 square feet in Building A at the corner of Stevens Creek Boulevard and the signalized entrance to the Marketplace Shopping Center. The tenant space is located adjacentto Wahoo's Fish Tacos. . g -I U-2006-11, EXC-2006-11, ASA-2006-23 Page 2 Decem ber 12, 2006 DISCUSSION: Use Permit to Allow Full Bar In accordance with the Cupertino Municipal Code, restaurants with separate bars require Use Permit approval. Issues related to the. separate bar facility include parking and the appropriateness of a bar in this location. Parking When Evershine VI Ltd. received City Council approval for the construction of Building C in February 2006 a shared parking plan was approved. The applicant's plan incorporated shared parking to account for single customers making multiple shopping trips and sharing of the parking with the proposed office. The city retained a traffic engineer who documented the current level of activity and recommended a 20% safety factor due to the extraordinary demand of the Elephant Bar restaurant and his observation that many customers were circulating to find parking closer to the restaurant. The City Council approved a Transportation Demand Management Plan requiring a traffic engineer to review the parking when the center is 70% occupied or when building A is occupied, whichever occurs first. Another report must be prepared when building C is 50% occupied. The remaining tenant spaces cannot be occupied unless the project can demonstrate that there is sufficient parking supply for the tenants at these two monitoring periods. A covenant was to be recorded on the property to disclose the requirements to future tenants and/ or property owners prior to the issuance of building permits for building C. With the shared parking plan and the checkpoints in place, staff does not believe parking will be an issue at the bar. Location of Bar Chili's and Elephant Bar are good examples of restaurants on Stevens Creek Boulevard with separate bars that are near residential areas. In the case of Chili's, there were issues regarding the parking lot's proximity to residential uses. The Medion Restaurant bar is well insulated from neighborhood areas and should not create any impacts on nearby residents. Architectural and Site Approval to Allow Patio Seating The applicant is proposing some minor architectural changes to the fa<;ade of the building and outdoor patio seating. The changes include metal decorative awning on the rotunda fa<;ade, wood shutters and a glass canopy at the courtyard entry and gas tiki torches installed in the patio seating area. The City's architectural consultant, Larry Cannon, has reviewed the architectural changes and believes the proposed changes are acceptable. Staff is in agreement and believes the outdoor seating will add to the overall appeal of the restaurant. Staff's only concern is that the furniture chosen for the patio appears to be made of a lightweight metal material. In the past with restaurants such as Le Boulanger and Panera Bread, staff has required high quality, comfortable furniture for outdoor seating areas. A condition of approval has been added to the 3/~ U-2006-11, EXC-2006-11, ASA-2006-23 Page 3 Decem ber 12, 2006 resolution requiring the outdoor furniture to be of high quality and be approved by staff prior to installation. Sign Exception The applicant is proposing a 14' tall Merlion statue. The statue is comprised of the head of a lion and the body of a fish. Its name is derived from combing the words mermaid and lion. The Merlion is a national symbol of Singapore. Since the restaurant will be serving Singaporean fusion cuisine, the Merlion will be used to advertise the restaurant of the same name. It is expected that if the restaurant were to vacate the site, the statue would be removed. A statue of this nature is treated as a sign exception, instead of public artwork, because it is virtually impossible to objectively determine when a commercial statue become public art Commissioners may recall the more obvious examples of commercial statues, Bob's Big Boy and Big "a" Tires. If the Merlion statue is treated as public art, it may set a precedent and encourage other commercial establishments to install statues advertising their business under the pretense of public art. For example, the Elephant Bar might want a large elephant in front of their restaurant or Chuck E. Cheese's may want to install a large mouse statue in the Portal Plaza shopping center. In the case of Merlion, staff believes the statue is attractive and an appropriate "advertisement for the restaurant. Tasteful, attractive statues or murals should be encouraged to add diversity and interest to commercial areas as part of a comprehensive sign: program. Staff's major concern with the statue was the height. It was originally proposed at 16 feet tall. The City's architectural consultant, Larry Cannon, suggested that the statue be 9-12 feet in height to achieve more of a human scale. After comparing the statue height to public art in Cupertino, the statue, now 14' tall, appears appropriate. As a comparison, the sculpture installed by Menlo Equities at the corner of Stevens Creek and Wolfe is ten feet tall; the morion (conquistador helmet) at the corner of Torre and Rodrigues Avenues is 21' and the Perspectives sculpture at Cali Mill Plaza is 20' in height. The Merlion statue will be installed in a concrete fountain with water spraying from the mouth. On particularly windy days, the water fountain will be turned off to minimize spray on the restaurant patrons and passing motorists. Submitted by: Vera Gil, Senior Planner ~ / Approved by: Steve Piasecki, Director of Community Developme~ Enclosures: Model Resolution Exhibit A: Letter from Larry Cannon dated August 29,2006 3,3 U-2006-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR A FULL SERVICE BAR (U-2006-11) IN A REST AURANT SECTION I: FINDINGS 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; and 3) The proposed development is consistent with the Heart of the City Specific Plan 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 approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. U-2006-11 as set forth in the Minutes of the Planning Commission Meeting of December 12, 2006, and are incorporated by reference as though fully set forth herein. 3-4 Model Resolution Page 2 U-2006-11 December 12, 2006 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2006-11 Janet Lau (Medion Restaurant) 19770 Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Outdoor Patio Layout, Medion Marketplace Restaurant, Cupertino Marketplace, 19628 Stevens Creek Boulevard, Building A, Cupertino, CA, Revised November 22, 2006" consisting of 4 sheets, except as may be amended by the Conditions contained in this Resolution. 2. . PARKING REVIEW After completion of the project (or earlier if complaints received from neighbors), the project shall return to Planning Commission for review of parking. 3. RESTAURANT ODOR ABATEMENT All new and existing restaurants shall install odor abatement system to address the neighborhood odor concerns as identified in the Initial Study presented to the Environmental Review Committee on December 14, 2005. The odor abatement systems in new restaurants shall be installed prior to final occupancy of their associated tenant spaces. All existing restaurants shall install odor abatement systems prior to final occupancy of Building C. This condition does not apply specialty food uses as defined by the Ordinance. 4. REPLACEMENT PALM TREES As identified in the Initial Study presented to the Environmental Review Committee on December 14, 2005, the 10 existing Mexican Fan palm trees (lining up the existing entry drive) removed shall be replaced by 10 new field grown palms. The applicant shall work will staff and-the City Arborist to locate the new palms along the shopping center entry drive. This may mean some of the existing roof eaves and! or concrete work along Building A will need to be modified to allow sufficient room for the new palms to grow. The replacement palm trees shall be recorded on the property as heritage trees prior to final occupancy approval. The existing dead canary island palm shall also be replaced by a field grown palm in kind. 3-5 Model Resolution Page 3 U-2006-11 December 12, 2006 7. RECIPRICAL ACCESS AND PARKING EASEMENT A reciprocal access and parking easement covenant shall be recorded between the three parcels as part of the shopping center. In addition, the applicant shall record a deed restriction for necessary reciprocal ingress and egress easement between the subject property and the abutting shopping center to the east. The easement language shall be reviewed and approved by the City Attorney prior to issuance of final occupancy. 8. TRASH AND DELIVERY ACTIVITIES The applicant must prepare a detailed refuge and truck delivery plan. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery scnedules and routes. All trash facilities must be screened and enclosed to the satisfaction of Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 9. USE LIMITATION - REAR CORRIDOR As per use permit 16-U-76, the existing restaurant and specialty food services involving on-site food preparation which are located adjacent to the gated portion of the rear corridor may remain; however, new food services involving on-site food preparation shall not be permitted in this area. The intent of this condition is not only to prevent an increase in the number of above described food establishments adjoining the rear corridor, but also, upon termination of occupancy, to preclude replacement of existing establishments with food services that require a new use permit. For example, an existing sit-down restaurant could be replaced by another sit-down restaurant) provided the new restaurant was no larger than the existing one and had similar operating characteristics), but an existing sit-down restaurant could not be replaced by a specialty food store. 10. USE LIMITATION - SITE Uses allowed on-site shall be any such use that is permitted in the CG (General Commercial) zoning district. The applicant shall provide documentation that shows sufficient parking is available for any change in use, subject to staff approval. 11. PATIO FURNITURE APPROVAL The applicant shall select high quality outdoor furniture and submit the selections to staff for approval prior to issuance of building permits. Any outdoor furniture, including umbrellas and heating fixtures, shall also be submitted to staff for approval. 3 --h Model Resolution Page 4 U-2006-11 December 12, 2006 12. BICYCLE PARKING The applicant shall install one secured bicycle device, such as a bicycle rack, for every 6,500 square feet of the commercial building floor area throughout the entire center. In addition, six enclosed bicycle lockers shall be provided for each of the two-story retail/ office building (buildings A and B). 13. 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 were recycled prior to issuance of final demolition permits. 14. 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. 15. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 16. SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. Applicant may apply for a sign exception as needed. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 17. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 3~7 Model Resolution Page 5 U - 2006-11 December 12, 2006 18. 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. 19. 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. 20. FIRE HYDRANT Fire hydrants shall be located as required by the City. 21. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 22. 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. The developer shall submit the proposed tree type to the Corporation Yard for approval. 23. 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. 24. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify how much runoff will be directed to our storm drain facilities. 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Grading Permit: $ 6% of Off-Site Imp.Cost or $3,440.00 $ 6% of On-Site Imp.Cost or $2,000.00 3,...f, Model Resolution Page 6 U-2006-11 December 12, 2006 c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: Bonds: a. b. Faithful Performance Bond: Labor & Material Bond: On-site Grading Bond: c. $ 1,000.00 Paid NjA NjA NjA 100% of Off-Site Improvements 100% of Off-Site Improvements 100% of On-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. 27. 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. 28. FIRE ACCESS LANES Emergency fire access lanes shall meet Central Fire District standards. 29. 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. 30. 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. The trash enclosure for the Marketplace Shopping Center at Stevens Creek Blvd should be able to accommodate all garbage, cardboard and recycling associated with this site. ?r9 Model Resolution Page 7 U-2006-11 December 12, 2006 31. MAINTENANCE AGREEMENT A maintenance agreement between the developer and ~he City shall be required to have the applicant maintain the WILLISTON PARK NEIGHBORHOOD GATEWAY FEATURE and any other non-standard items within the City's right of way. 32. TRAFFIC The City Council approved a Transportation Demand Management Plan in February 2006 requiring a traffic engineer to review the parking when the center is 70% occupied or when building A is occupied, whichever occurs first. Another report must be prepared when building C is 50% occupied. The remaining tenant spaces cannot be occupied unless the project can demonstrate that there is sufficient parking supply for the tenants at these two monitoring periods. A covenant shall be recorded on the property to disclose the requirements to future tenants and/ or property owners prior to the issuance of building permits for Medion Restaurant. PASSED AND ADOPTED this 26th day of December 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Planning Commission G:\ Planning\PDREPORT\RES\2005\ U-2005-09 res.doc 5'7D ASA-2006-23 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL SITE APPRO V AL (ASA-2006-23) FOR MINOR ARCHITECTURAL CHANGES AND OUTDOOR SEATING SECTION I: FINDINGS 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; and 3) The proposed development is consistent with the Heart of the City Specific Plan NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for an Architectural and Site Approval is hereby approved, subject to the conditions .which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. ASA-2006-23 as set forth in the Minutes of the Planning Commission Meeting of December 12,2006, and are incorporated by reference as though fully set forth herein. E -/1 Model Resolution Page 2 ASA-2006-23 December 12, 2006 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2006-23 Janet Lau (Merlion Restaurant) 19770 Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Outdoor Patio Layout, Merlion Marketplace Restaurant, Cupertino Marketplace, 19628 Stevens Creek Boulevard, Building A, Cupertino, CA, Revised November 22, 2006" consisting of 4 sheets, except as may be amended by the Conditions contained in this Resolution. 2. PARKING REVIEW After completion of the project (or earlier if complaints received from neighbors), the project shall return to Planning Commission for review of parking. 3. RESTAURANT ODOR ABATEMENT All new and existing restaurants shall install odor abatement system to address the neighborhood odor concerns as identified in the Initial Study presented to the Environmental Review Committee on December 14, 2005. The odor abatement systems in new restaurants shall be installed prior to final occupancy of their associated tenant spaces. All existing restaurants shall install odor abatement systems prior to final occupancy of Building C. This condition does not apply specialty food uses as defined by the Ordinance. 4. REPLACEMENT PALM TREES As identified in the Initial Study presented to the Environmental Review Committee on December 14, 2005, the 10 existing Mexican Fan palm trees (lining up the existing entry drive) removed shall be replaced by 10 new field grown palms. The applicant shall work will staff and the City Arborist to locate the new palms along the shopping center entry drive. This may mean some of the existing roof eaves and/ or concrete work along Building A will need to be modified to allow sufficient room for the new palms to grow. The replacement palm trees shall be recorded on the property as heritage trees prior to final occupancy approval. The existing dead canary island palm shall also be replaced by a field grown palm in kind. 3r-/:I Model Resolution Page 3 ASA-2006-23 December 12, 2006 7. RECIPRICAL ACCESS AND PARKING EASEMENT A reciprocal access and parking easement covenant shall be recorded between the three parcels as part of the shopping center. In addition, the applicant shall record a deed restriction for necessary reciprocal ingress and egress easement between the subject property and the abutting shopping center to the east. The easement language shall be reviewed and approved by the City Attorney prior to issuance of final occupancy. 8. TRASH AND DELIVERY ACTIVITIES A detailed refuge and truck delivery plan must be prepared by the applicant. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 9. USE LIMITATION - REAR CORRIDOR As per use permit 16-U-76, the existing restaurant and specialty food services involving on-site food preparation which are located adjacent to the gated portion of the rear corridor may remain; however, new food services involving on-site food preparation shall not be permitted in this area. The intent of this condition is not only to prevent an increase in the number of above described food establishments adjoining the rear corridor, but also, upon termination of occupancy, to preclude replacement of existing establishments with food services that require a new use permit. For example, an existing sit-down restaurant could be replaced by another sit-down restaurant) provided the new restaurant was no larger than the existing one and had similar operating characteristics), but an existing sit-down restaurant could not be replaced by a specialty food store. 10. USE LIMITATION - SITE Uses allowed on-site shall be any such use that is permitted in the CG (General Commercial) zoning district. The applicant shall provide documentation that shows sufficient parking is available for any change in use, subject to staff approval. 11. PATIO FURNITURE APPROVAL The applicant shall select high quality outdoor furniture and submit the selections to staff for approval prior to issuance of building permits. Any outdoor furniture, including umbrellas and heating fixtures, shall also be submitted to staff for approval. ?r/3 Model Resolution Page 4 ASA-2006-23 December 12, 2006 12. BICYCLE PARKING The applicant shall install one secured bicycle device, such as a bicycle rack, for every 6,500 square feet of the commercial building floor area throughout the entire center. In addition, six enclosed bicycle lockers shall be provided for each of the two-story retail/ office building (buildings A and B). 13. CONSTRUCTION PHASING The applicant shall prepare a construction phasing schedule, demonstrating completion of the project within _ years of this approval. The construction phasing schedule shall detail critical milestones of the construction and shall provide monetary penalties if the building construction phasing does not comply with the stated milestone dates. The applicant shall post a cash deposit in the amount of _ naming the City as beneficiary. If the critical construction phasing is not completed in accordance with the construction schedule, the City at its own discretion will assess a penalty that shall be deducted from the deposit. The applicant shall agree to this condition in writing prior to issuance of building permits. Staging of construction equipment shall not occur within 250 feet of any residential property. 14. 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 were recycled prior to issuance of final demolition permits. 15. 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) (I), 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. 16. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and 3,/1- Model Resolution Page 5 ASA-2006-23 December 12, 2006 materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 17. SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. Applicant may apply for a sign exception as needed. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 18. STREET WIDENING Street widening, improvements 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 111 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. 22. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 23. 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. The developer shall submit the proposed tree type to the Corporation Yard for approval. 24. 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 andlor Regional Water Quality Control Board as appropriate. 25. DRAINAGE 3-/5 Model Resolution Page 6 ASA-2006-23 December 12, 2006 Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify how much runoff 'will be directed to our storm drain facilities. 26. 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: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: Bonds: a. b. Faithful Performance Bond: Labor & Material Bond: On-site Grading Bond: c. $ 6% of Off-Site Imp.Cost or $3,440.00 $ 6% of On-Site Imp.Cost or $2,000.00 $ 1,000.00 Paid NfA NfA NfA 100% of Off-Site Improvements 100% of Off-Site Improvements 100% of On-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. 27. 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. 28. 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. 29. FIRE ACCESS LANES Emergency fire access lanes shall meet Central Fire District standards. 3,-/ I, Model Resolution Page 7 ASA-2006-23 December 12, 2006 30. 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. 31. 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. The trash enclosure for the Marketplace Shopping Center at Stevens Creek Blvd should be able to accommodate all garbage, cardboard and recycling associated with this site. 32. MAINTENANCE AGREEMENT A maintenance agreement between the developer and the City shall be required to have the applicant maintain the WILLISTON PARK NEIGHBORHOOD GATEWAY FEATURE and any other non-standard items within the City's right of way. 33. TRAFFIC The City Council approved a Transportation Demand Management Plan in February 2006 requiring a traffic engineer to review the parking when the center is 70% occupied or when building A is occupied, whichever occurs first. Another report must be prepared when building Cis 50% occupied. The remaining tenant spaces cannot be occupied unless the project can demonstrate that there is sufficient parking supply for the tenants at these two monitoring periods. A covenant shall be recorded on the property to disclose the requirements to future tenants and/ or property owners prior to the issuance of building permits for Merlion Restaurant. PASSED AND ADOPTED this 26th day of December 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 3-/7 EXC-2006-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO FOR A SIGN EXCEPTION TO ALLOW A SIGN (STATUE) TO EXCEED THE NUMBER AND HEIGHT OF ALLOWED SIGNS SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2006-11 Janet Lau (Merlion Restaurant) 19770 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an exception to the Sign Code, as described in this Resolution; and WHEREAS, the Planning Commission finds the following with regards to this application: a) That the literal enforcement of the provIsIOns of this title will not result in restrictions inconsistent with the spirit and intent of this title, in that the exposed neon accent trim does improve the identification of the business and is harmonious with the design of the building/ signs; b) That the granting of the exception will not result in a condition which is not detrimental to public health, safety and welfare; and c) That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose in that the exposed neon accent is only around the fish logo on the wall signs. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony arid other evidence submitted in this matter, the exception to the sign ordinance to allow a sign (statue) to exceed the number and height of allowed signs is hereby approved subject to the conditions which are enumerated in this Resolution; and SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 3--/1 Model Resolution EXC-2006-11 December 12, 2006 Page 2 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Outdoor Patio Layout, Merlion Marketplace Restaurant, Cupertino Marketplace, 19628 Stevens Creek Boulevard, Building A, Cupertino, CA, Revised November 22, 2006" consisting of 4 sheets, except as may be amended by the Conditions contained in this Resolution. 2. EXPIRATION DATE OF APPROVAL This sign exception approval shall be valid for only one (1) year from the date of approval. 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. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application EXC-2006-11, as set forth in the Minutes of the Planning Commission Meeting of December 12,2006 and are incorporated by reference herein. PASSED AND ADOPTED this 12th day of December 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Cupertino Planning Commission j~,;2() (jD.() -..-..-.:., ARCHITECTURE PLANNING URBAN DESIGN CANNON' DESIGN GROUP". August 29,2006 Mr. Gary Chao Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 RE: Marketplace Building C and Merlion Restaurant Dear Gary: I reviewed the revised drawings for Building C and for the exterior tenant improvements for the !vlerlion Restaurant in Building A. My comments and recommendations are as follows: Building C The design looks good with one exception. The resolution of the entry element on the south side at the intersection of the two wings has been a source of concern from the beginning of the review process. The resolution of the area seemed good on the drawings that I reviewed back in April, but I see the design in this area has changed again. While the April design seemed very much in scale and character with the rest of the building and added some visual interest to the structure, the current design seems heavy and not very sympathetic to the rest of the building with its smaller scale and tile roofs. I would encourage a return to the version in ApriL I Ii ~~ '_.-":::--~r- --- ~~..'- -- "_.- -----~ ___ .-~ i . ! :'jlfffi=f=lm .,. A. "_ >-H;........:.....~;..;.....!....._ .. April Submittal ." " '. , ~ t~ _:~-- .\..-------(-- e_ ,'" "\ 1- " "" ".'. , -I: ...-__ .,.,,\ F1~ ~Lt l, L~.~,\~~:)+.r~I1JV),._."_____,~:',_,__' 1 -';'->+"'- \ \' --~ Current Submittal TEL: 415.331.3795 FAX: 415.331.3797 180 HARBOR DRIVE.SUITE 219.SAUSAIITO.CA94965 3 --;;/ Marketplace Building C and Median Design Review Comments August 2!l, 2006 Page 2 Merlion Restaurant The addition of the awnings at the tower is positive. The drawings are inconsistent in that they call out wood on some drawings and metal in others. I think they could fit in either as wood or metal. The sculptural fountain raises several issues. I saw the original in Singapore Harbor back in 1971. Some of the issues are as follows: 1. I'm not sure how windy it will be at this corner, but the water spout may create some problems during windy summer days. As I mentioned to you, the original fountain at Ghirardelli Square in San Fran- cisco had to be replaced when the afternoon winds blew water spray over a significant portion of the plaza. \Vere it to do ;;0 here, it could create a hazard for both pedestrian;; and motorists. 2. A related issue is the size of the fountain base. In looking for ex- amples of the fountain on the internet, I noticed that almost all of the fountains had a rather long throw of water from the Merlion's mouth. I assume the lion symbol is intended to benefit from a sub- stantialflow of water, and should not appear to be drooling. Since this appears to be a multi-location restaurant, you might want to ask for some photos of the fountains in some of those other locations to be sure that the size and scale fit in this specific location. 3. In terms of size, it is a real judgement call. The height seems large given the nature of the sculpture which is not high in terms of its artistic qualities or refinement of details. A smaller figure might seem more comfortable in this location, and might mitigate the wind and water issue noted above. Also, in terms of the artistic quality of the sculpture, I did find one example on the internet that seemed to have a more interesting and refined form. It is shown in the photo below. Perhaps this installation could contain the basics of the Merlion image, but with more input from an experienced and respected sculp- tor. Another issue for the City to consider is what will happen if, for some reason, the MerIion Restaurant does not remain in this location. Will the fountain stay? Would it be a desirable entry feature absent the restaurant? CANNON DESIGN GROUP ~ "'- ~ 'I , .~ , "' '-"1 1'J 180 HARBOR DRIVE. SUITE 219. SAUSAIITO. CA94965 3-d/), (E) TREE (E) BUilDING A FUTURE TENANT SIGNAGE TO BE SUBMITTED UNDER SEPERA TE PERMIT (N) DECORATIVE AWNING. SEE SHEET A2 ' (N) CONG..J~UNf;'~ ,r (N) CO!'!c~j~4ldd~l;:=_ '~~~;~~~,J. i i '~; (E) BlDG o o o ~~ CJ ~l~ o 1\ l<t o [] (E) BlDG I- Z ~ :J :?J ~woo cnoci W~(Qb~ ~@,~2 W~W@i) U~5~ ct(Qb~O -l ~ 00 10" 0. ~ ~~ ~lOW~ ~ ~ ~(Qb ~~&b,1illJ] ~(QbO@, <CW@2)~ II:: @, ~ 0 1IIIi::?J1!J!JJ ZO~ o ~ - @2) ..J @Q) ~ ~ W q@ :E ~ ~ ~ ~ ~ d i i STEVEN CREEKS BLVD (E) BLDG mR - _n - [; ~ --i- - L~~ ~-~-----r-I-._ ;l"""'"l--~"'- ~ W,' i~----J ~-~-~; I' ~l ~-~ :11 ;1 i! !:; . -k~r~-t .l=:j "~'1,jL~-!' ,- \ .iLoI.' ,. <t~<II ..... ....,;. ~~ if;'; ; 1""-- I it ~ /s , ~ 'i\' ()'" - ~~~~J D [JDc;][cYEJDDD~ V [l= ~ cg ~ ~ d cg = [l= ~ [Q1, (Qb cg cg (Q) [}= ~ cg -- ~ l'f : i---f~ ~~ I ' i~ I I" !RljU, c.:2r .~ . 1'.., -.i_..; ; .-~ on___._ il' """\ I' -., l/s"l 3 VIEW FROM CENTER DRIVE EXISTING SITE PLAN I 100' T 1 (E) TREE (E) BUilDING A rUTURE TENANT SIGNAGE TO BE SUBMITTED UNDER SEPERA TE PERMIT (N) DECORATIVE AWNING. SEE SHEET A2 \,/ CURB , "- __ " i r '"'~ /' '--"J - (E); LAN~SCAPE~ (E) SIDEWAlk,_ -i--J $ (N) CONC -' :~ (N) C . SCULPTURC--' -/,'.: ,\-" ONC, FOUNTAIN ' ----. r 'i .,Lit I '__.L I -~ ~-- :-_J T-~ '" '!11 'J'- ~ , i 11' I :., U ~;j : --' 'I j!' ..; I_\l-.' 11 ~\+ I I I I I - --- r-', ---- -r--- ---1 CJ: --- ----+.- CENTER DRIVE f=---,-,-~ 12.01.05 PATIO DESIGN REVIEW SUBMITTAL 05.25.06 ISSUED FOR LANDlORD SUBlllTTAL 07.13.06 ISSUED rOR C.U.P. 11.22.06 08.29.06 DESIGN REVIEW COllNENTS ~- i~,~ lrrrn VIEW FROM STEVE CREEKS BLVD 11/S"1 4 WATER LEVEL CONCRETE SEATING WALL ~ CHAMFERED EDGE 1 '-6" (E) CONC. PATIO l , \:'.;:>:.., .' . FDUNTAI SIDE ~., ' '~~\ \ ) L PATIO SIDE ~~ .;;,:t;t' i~' io I DATE: 11.15.05 PROJECT NO.: 05-1250 PROPOSED RESTAURANT - SUBMITTED UNDER SEPARATE PERMIT (E) SUBGRADE-, (N) DECORATIVE AWNING.----- .:::r1u4i':~;: F SEE SHEET A2 1~:lflJ,,;t. \'i( (. ....\ "It,,:: :J I, , \ ""_.\ ,,- ., ,I , ~'C:J:. .I .J.. .j -- . ~~:j~';4~1~, '\ .)\ 'lJ;.".{' / \ ')1 i Nb~4~y~7.::J~~. I ~~:;IiY' ./,./- ...--:t .>,:/"'/ :-::", ::. :'j I I ENLARGED PATIO PLAN ~ 2 EXTERIOR PATIO PLAN ffi I A1 ~ COPYRIGHT 2006 . STUDIO 02. inc. TYP. fOUNTAIN WAll SECTION 11-1/2"1 5 ~~sT 6 ACTUAL PHOTO OF MERLlON STATilE TO BE INSTAllED CONCEPTUAL IMAGE - METAL AWNING 1-1/2" DIAMETER GALV. STEEL SUPPORT FRAME '", '~" ~~, ",,0", '. D ~ 1-1/2" DIAMETER GALV. SUPPORT FRAME BEYOND "'0. METAL SLATS 1-1/2" DIA. STEEL SUPPORT 6" METAL FRAME W / CYLINDRICAL STEEL TUBE SUPPORT (N) DECORATIVE WOOD SHUTTERS, STAINED (E) STOREFRONT ~ ' WINDOWS ~ (N) TS/GLASS CANOPY'~. '...I~"'S~:! (N) CONC. SCULPTURE~ I ~.:c~", (E) CONCRETE PLANTER <t II '\ ,,~ <J] - +10'-0" -& ABOVE CONCRETE PATIO CONCEPTUAL IMAGE - DECORATIVE WOOD SHUTTER MODEL TK-1-N I TK-1-P T CONSTRtJCTlON Cone.Base: Spul'l copper, 1a ga. ~.C43' thickness) GAll USAGE TK-1.... iNa'1ural Gas). UiQ!i. ~,.4~ eTUs Der ho~ a~ a 7' wa~er column. -r , t""-+r A,s , 1 TK-1-P ':,Prooan. Gas}. lJHs 18.585 BiUs per 'lOU! a!..n 1.' water colul""'lrl. 1'(:foWFTFll '~'..o\~F[o t,TrFI.."f'E ,].\1:1PIEAh "'4'll"1.1 EllF'c.'~.En 11.....a Wllllr....:.\}. C.UbT!; v~ ~.o!l'1')'.' 8LI\~r111~ tl!'1flI'c~ y...N1 INSTALLATIOII A.captl!!r: l' brass adap.er has 5t.ndarrf female pipe: thrE.1:fs for connECIiCfl ~o a l' (NP'7) rr.aie ~-e thrud. Valve: ~. brass shU1--off ""ilIVi ircllY.led. IGMTION Manual ignitor with exIlendetf Ugrrter. LISTING CSA.iAGA design ce1:med (CSA ctrtifioat'DI"I P"! QOO3C- 17.;1907) .always che<:k wit!'! :ocal oDds prior to installation. !~ +--7.5"--+ i-Z'-t ill i-----~._----.. , .J ~ : -...... , .............. BEACHSIDE LIGHTING ~. ----.-... _.~... .- HU.'Ot.UlU ~~ "- Brass adHf?lt;1t accej:olsi 1. N?l nl.illl pl~ +1.5"t Ph....: 808.213-5711' F." ~l;J-nll1 www.8NchsideUgh4ing.com TIKI TORCH SPECIFICATION -- LINE OF BUILDING 4'-0" . NOTE: ALL EXPOSED METAL PARTS TO BE PAINTED ,,~ .--l ,L,=--=--:Jc.;;;___j i '1 "0 I to '0 I m "0 I "0 , .0 I '" I METAL 3 EXTERIOR ELEVATION - PROPOSED MAIN ENTRY (SOUTHWEST SKEWED) 2 CONCEPTUAL IMAGE - GLASS CANOPY MET AL CLIPS 4' X 4' DECORATIVE WOOD SHUTTERS, PAINT FiNISH LINE OF BUILDING WALL ," METAL ROD. METAL CLIP SUPPORT, PAINTED 2" TS SUPPORT BEYOND, PAINTED 5/16" CLEAR LAMINATED GLASS RAISED CHANNEL ~ LETTER AT CENTER BAY TS FASCIA \ n PAINT FINISH I] EO. PROVIDE STRUCTURAL SEALANT AT ALL EDGE, TYP. EO. EB 3" +10'-0" .I; - CL. OF WD - 'l'" SEE P[AN GLASS CANOPY SECTION 4 1/4" PROPOSED RESTURANT SUBMITTED UNDER SEPERA TE PERMIT D N I in 15'-7" .0 I Co '0 I ;" D ~ (E) SIDEWALK (N) CONC. SCULPTURE (E) PARKING D ENLARGED ENTRY FOUNTAIN PLAN I 1/4" I- ~ Z ~ ~ ~ = :J ~ d [J== <( ~ d I- I1!!:!J [QQ) g en <<dJ '" W~~ ~ ~d(Qb~ ~ @b~<r d WF~~ OI1!!:!J @ g <( ~ ~~ ~ ..J (Qb ~ <<dJ ~ [QQ) '" ~ no ~ DO ~ @, ~~~~ ~ ~~I1!!:!J~ g ~F(Qb11!!:!J g <( (Qb <<dJ @b o 11!!:!J@?)~ [Ql :i ~ ~ <<dJ IJ= Z <<dJ I1!!:!J d ~ g 3 ~ ~ 00 ~ W @ :i @ <r 12.01.05 PATiO DESIGN REVIEW SUBMITTAL 05.25.06 ISSUED FOR LANDLORD SUBMITTAL 07.13.06 ISSUED FOR C.U.P. 11.22.06 08.29.06 DESIGN REVIEW COMMENTS DATE: 11.15.05 PROJECT NO.: 05-1250 MAIN ENTRY FOUNTAIN ffi I A2 COPYRIGHT 2006 . STUDIO 02, inc. ., ~,. I --, ,. . ,"" , , ...."., '. 'r. ,.,e, --.:, ., ~il ' j STATUE FROM CORNER OF THE STREET ----<~: ..__::-----....:_-~'- -, - -, - - - - - ' - ,- - - - - - ,-" '~.. -. .,~ 1 VIEW OF BACK PATIO FROM BACK GATE ---.- . -.... "'" ./ ..~~<~ . i c- . , , !J i'.~~ 'f. '.- . . ~"f-_ -~~z.;-: FRONT I- Z ~ :J ' [}= <( ~ d I- Mdl (QQ) ou)~ ~ ~ w~g ~ IV d (Qf; <q ~ "@b~\? d WF~~ o Mdl t:":J @il (Q)<(~~~ ~ ..J~g~ ~ D.. ~ (QQ) 6 (QS tug~~ [Qb ~~~t: r;=y., IV F illi" Mdl Q .. IQb ~@b (Q) <( Mdl ~ d (Q) :E!l~~ [}= z~w d ~ (Q) 3 ~ 0:= 00 ~ W @ :E ~ ~ ~ ~ ~ 12.01.05 05.25,06 07.13.06 11.22.06 PATIO OESIGN REVIEW SUBMITTAL ISSUED FOR LANDLORD SUBMITTAL ISSUED FOR C.U.P. 08.29.06 DESIGN REVIEW COMMENTS DATE: 11.15.05 PROJECT NO.: 05-1250 RENDERINGS 2 (81 A3 COPYRIGHT 2006 . STUDIO 02, Inc.