Loading...
.01 M-2007-01 Masayoshi Fujioka CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2007-01 Agenda Date: September 25, 2007 Applicant: Masayoshi Fujioka (Kikusushi Restaurant) Owner: Philip P. LaBarbera Location: 1655 S. De Anza Boulevard, APN 366-10-061 APPLICATION SUMMARY: Modification of a use permit (20-U-99) to extend the hours of operation of an existing restaurant to 9:30 p.m. (with patrons/employees leaving by 11 p.m.) Sunday through Thursday, and 10 p.m. on Friday and Saturday (with patrons/ employees leaving by 1 a.m.) RECOMMENDATION: Staff recommends that the Planning Commission: 1. Approve the Modification to the Use Permit (U-2004-04) with recommended changes in accordance with the model resolution. Project Data: General Plan Designation: Zoning Designation: Specific Plan: Site Area: Parking: Kikusushi tenant sf: Commercial/ Office/ Residential P (Com, Res 5-15) South De Anza Neighborhood Commercial/ Office Corridor and Residential 73,000 square feet approx. (1.68 acres) 98 parking spaces in shopping center 6,000 square feet approx. Hours of Operation , Currently Allowed Hours: Sunday through Thursday, 10 a.m. to 9 p.m. (with all patrons/ employees leaving by 10 p.m.); Friday and Saturday, 10 a.m. to 10 p.m. (with all patrons/ employees leaving by 11 p.m.) Proposed Hours for Kikusushi: Sunday through Thursday, 10 a.m. to 9:30 p.m. (with all patrons/ employees leaving by 11 p.m.); Friday and Saturday, 10 a.m. to 10 p.m. (with all patrons/ employees leaving by 1 a.m.) Environmental Assessment: Categorically Exempt 1-\ M-2007 -01 Page 2 September 25, 2007 BACKGROUND: The applicant, Masayoshi Fujioka, is requesting approval to modify an existing use permit (See Exhibit B) that would allow Kikusushi Restaurant to extend its hours of operation in the evening. Kikusushi Restaurant recently moved to this location in May from its previous location in the City of San Jose on S. De Anza Boulevard. The applicant is requesting the extended hours to maintain the same hours of operation the restaurant had in San Jose. Kikusushi Restaurant is located within an approximately 6,000 square foot space in the Coach House Shopping Center near the northwest corner of S. De Anza Boulevard and Prospect Avenue. Other uses in the shopping center include a liquor store, pharmacy, nail salon and hair salon. The shopping center is surrounded by commercial uses to the north, south and east, and residential uses to the west and south. On August 14, 2000, a use permit (20-U-99) was granted by the Planning Commission to allow the establishment of a restaurant and bar within the tenant space that Kikusushi is currently occupying. The tenant space has been continuously occupied by restaurant uses since approval of the use permit; therefore, the use permit approval is still in effect. Except for the request to vary from the hours of operation, Kikusushi has stated that it will comply with all of the other conditions of approval under the use permit, including restrictions on number of restaurant and bar seats, exterior cleaning activities, and parking lot and building lighting. DISCUSSION: The existing conditions of approval limit the applicant to a closing time of 9:00 p.m. Sunday through Thursday, with patrons and employees required to leave the building by 10 p.m., and 10 p.m. on Friday and Saturday, with patrons and employees required to leave the building by 11 p.m. These hours of operation are more restrictive than Cupertino's current general restaurant hours of operation in commercial zones, which are 7 a.m. to 11 p.m. The reason more restrictive hours were applied to this restaurant tenant space is that the restaurant (Sam Wang Restaurant) to which the use permit was originally applied in 2000 had a history of code enforcement violations pertaining to an illegal karaoke use and illegal late night hour operations that created excessive noise in the neighborhood. Entertainment uses such as karaoke and late night hours of operation were prohibited in conjunction with the use permit. Kikusushi Restaurant will have no karaoke or entertainment uses and intends only to operate the business as a restaurant use with a bar in compliance with the use permit. The restaurant is requesting to extend its evening hours of operation to 9:30 p.m. Sunday through Thursday, with employees and patrons leaving by 11 p.m., and 10 p.m. Friday and Saturday, with employees and patrons leaving by 1 a.m. I-~ M-2007-01 Page 3 September 25, 2007 The City's Code Enforcement Division has received one complaint on the Kikusushi Restaurant since it opened at this location in May. The complaint involved noise that was being generated from an existing heating/ air conditioning unit on the roof of the building. The Code Enforcement Division spoke to the manager of Kikusushi Restaurant who said that the restaurant has since repaired the heating/ air conditioning unit and the noise level has been reduced. Therefore, no further code enforcement action has been taken on this issue. The Code Enforcement Division will, however, monitor the situation if any subsequent complaint is filed. Staff also contacted the City of San Jose Code Enforcement Division to inquire about Kikusushi Restaurant's business operation. San Jose Code Enforcement indicated that there were no records of code enforcement violations at its previous San Jose location. Staff Recommendation Staff supports the proposed application to extend the evening hours of operation, but recommends that patrons and employees be required to leave the building by 12 a.m. on Friday and Saturday nights rather than 1 a.m. Staff believes that a 2-hour gap between the closing of the restaurant and when patrons and employees are expected to leave on Friday and Saturday nights is comparable to the time gap that is proposed Sunday through Thursday evenings. This will allow for sufficient time to serve patrons that enter prior to closing and for employees to leave after work. Staff believes that a 1 a.m. closing may be disruptive to the surrounding residential neighborhood and does not appear to be necessary to sufficiently serve its patrons if the closing time is 10 p.m. Staff also recommends that patrons be restricted from parking in spaces behind the building near the western property line that is adjacent to the single-family residential neighborhood after 8 p.m. to mitigate the possibility of noise impacts on the adjacent residential neighborhood from patrons leaving the restaurant after 10 p.m. Additionally, staff recommends that noise control signs be placed throughout the parking lot to request patrons to be respectful of the adjacent residential neighborhood. Enclosures: Model Resolution Exhibit A: Letter from Kikusushi Restaurant requesting extended hours of operation Exhibit B: Resolution No. 6050 approving 20-U-99 Exhibit C: Site plan of the shopping center Submitted by: Aki Honda Snelling, Senior Planner Approved by: Steve Piasecki, Director of Community Development 5Z- /D ~ fLC t;~~LJ!L.1 ~- , G: CupertinoNT/Plmming/PDREPOR T /pc U sereportsl2006ureports/M -2007 -0 I.doc 1-'3 M-2007-0l CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION TO A USE PERMIT (20-U-99) TO EXTEND THE HOURS OF OPERATION OF AN EXISTING RESTAURANT TO 9:30 P.M. SUNDAY THROUGH THURSDAY (WITH PATRONS/EMPLOYEES LEAVING BY 11 P.M.), AND 10 P.M FRIDAY AND SATURDAY (WITH PATRONS/EMPLOYEES LEAVING BY 12 A.M.) AT 1655 S. DE ANZA BOULEVARD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit Modification, as described in Section IT oftms Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use is in conformance with the General Plan ofthe City of Cupertino, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for a use permit modification is hereby recommended for approval, 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 M-2007-0l as set forth in the Minutes of the Planning Commission Meeting of September 25, 2007, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: M-2007-0l Applicant: Masayoshi Fujioka (Kikusushi) Location: 1655 S. De Anza Boulevard 1~4 Model Resolution Page-2- M-2007-01 September 25,2007 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. PREVIOUS CONDITIONS OF AFPROV AL All prior use permit conditions for 20-U-99 shall remain in effect, unless in conflict with the conditions of approval for M-2007-01. 2. HOURS OF OPERATION Hours of operation shall be: Sunday through Thursday, 10 a.m. to 9:30 p.m. (with patrons/employees leaving the premises by 11 p.m.) Friday and Saturday, 10 a.m. to 10 p.m. (with patrons/employees leaving the premises by 12 a.m.) 3. NOISE CONTROL SIGNAGE Within 30 days of this approval, the applicant shall install noise control signage throughout the parking lot of the shopping center that requests patrons to keep noise levels at a minimum to be respectful of the adjacent residential neighborhood. The applicant shall provide language for the signage to be reviewed and approved by the Director of Community Development. 4 PARKING RESTRICTIONS The applicant shall prohibit parking.in parking spaces behind the building near the western property line adjacent to the single-family residential neighborhood after 8 p.m. 5. 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. PASSED AND ADOPTED this 25th day of September 2007 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: 1...-5 20-U-99 Exhibit B CITY OF CUPLRT~NO 10300 Torre A venue Cupertino, California 95014 RESOLUTION NO. 6050 or THE PLI NNING COMMISSION OF THE CITY OF CUPERTINO API)ROVING AUSE PERMIT FOR AN EXISTING RESTAURANT/BAR FACI,LITY LOCATED AT 1655 S. DE ANZA BOULEVARD ~~~ SECTION 1: FINDINGS WHEREAS, the Planning Commission or the City of CUptl"t~110 receive:.~ an application for a Use Pc'mit, 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 C;ty of Cupeltino, and the Planning Commission has held one or more public hearings 011 this malter; and WHEREAS, the Planning Commission has determined t.hat the proposed use properly condi tioned iu tItis use permi 1: 1) Wll not be detrimental or injurious to property or improve.meats in the vicinity, aml will not be detrimental to the publie health, safety, general welfare, Dr convenience; 2) The proposed use will b(~ located and eonducted in a manner in accord with the CU}Jertino Compn::]H:.n~;ive General Plan and t.he purpose of this tille. NOW, THEREFORE, BE IT RESOLVED: That artcr carc[L11 consideration of maps, J~lcts, exhibits, testimony and other evidence submitted in this matter, tbe application Cor Use Permit is hereby approved, subject tn the conditions which me enwucratcd ill this Resolution beginning on page 2 thereoC; unci That the subcondusioJl.s upon which the findings and conditions spcciliecl in this resolution :ue based und contained ill the public hearing record concerning Application file IlO. 20-U-99 s('~ forth in the Minutes of the Planning COl11lllission Meeting of, August 14, :WOO, and arc incorporated by reference tiS t:lOl1gh fully set forth herein. ( ...'0 '!:. .> ~ '~'l :~~~ .... ')J : . , .' ':: ~~~~~:~~ .~.;. .... ':, \' ;:>~~:'\-;,: ~: .~;. ,:; <- J:;~~:J.~;~:-?};::~~:~ ':.~(-' ~'~N~~~~-;~;~~:/?iit~%~~~~if::.f.~11f~~~if.~i~~~1i,;~;;?\~f~~;t ~/i' Resolution No. 6050 Page-2- 20-U-99 August 14,2000 o:::o::a SECTION II: 1'kOJECT DESCRIPTION Application Nl) : Applicant: Property Owner: Location: 20-U-99 Al Lien \Vang (Sun Wang Restaurant) Philip & Larry LaBarbera 1655 South De Anza Boulevard SECTION Ill: CONDITIONS AD~,llNISTERED BY THE COMMUNITY DEVELOPMENT --.-------- DEPT. 1. APPROVED FXHIBJTS -------- The approval is based on Exhibits titled "San Wong RestaunUlt, 1655 S. Dc Anza l3lvd., Cupertino, CA 95014" jated 3/29/99 and consisting of one sheet label AI, except as may be amended by the Conditions contained in this Resolution. The Karaoke live entertainment aspect of the plan has been withdrawn by the applicant ~d is not approved under this use permit. 2. PERMITTED US[~S ..---_._.__._'.__._-~----- This lIse permit approves an existing restaurant and bar consisting of 133 restaurant seats and 45 bar stools and chairs. J. PERMITTED HOURS OF OPERATION .-----_. -.---.---.--- -..- Th(: IwrJ1litt(;d hOlll's of operfltion arc: Sum~ay through Thursday from 10:00 a.lIl. to 9:(;0 p.m. On (hese days, no new patrons may be admitted after 9:00 p.m. and all employees and patrons lllllst f~xit Ihe premises by lO:OO p.m. On Friday and Saturday the permitted hours or uperaliOlI <.Ire 10:00 a.l1I. to 10:00 p.m. Un Ihe~c days, 110 new pi.ltrons 1l1ay be admitted aftcl' 10:00 p.m. anf' u11 cmplo,)'l.:cs and palrons must exit the premises by 11 :00 p.llI. .1. ExTEg.J_~~~._~._!:.EJ:\ l'!~~~L'.\ C.;IJy'.I)]f:S Any'--deaning and maintenance activitie~ conducted by the applic,ldt or the exterior of the n;stiluwllt/l:.arbuilding IV' ibc adjoining parking and landscaped llrcas shall bG c\)J1l!llcled hetween the hours of 10:00 a.m to 10:00 p.m. on SU1H.lay through Thufsuay, and 10;00 a.m. to 11:00 p.m. 011 Friday and Saturday. ,..q - --~~-----= .. . .- . --.- ~'..' -- - .' .. - ':.'-.--<~"~.:'. .";.-:---;:. -r--'J~~ .,...,..Hllll _.~______~a~'~lml Resolution No. 6050 Page-3- . 20-U-99 August 14,2000 - -- ~...::::=::=:::: 5. ENTERTAINMENT ACTIVITIE~ -- ._------- Restaurant-sponsored entertainmcntor amplified entertainment is prohibited by this permit. 6. LIGHTING Parking lot and building lighting shall not cast direct illumination on or over the fence shared with residential neighbors. Applicant shall work with City staff to provide rcasrmable levels of lighting in the rear parking areas in compliance with this condition of approvnl. 7. INSPECTION AND MAINTENANCE OF VENTILATION SYSTEM -- -- The applicant shall keep the heating, ventilation and air conditiouing (HV AC) system in good working order and in compliance with current health and safdy codes, and perform regular maintenance of the ventilation system to curb the emanation of detectable food and grease odors from the restaurant into the adjacent residential area. PASSED AND ADOPTED this day of ]41h Day, of August 2000, at a Re~ular Meeting of the Planning Comrnissi~m of the City of Cupertino, State ot' California, by the following roll cull vote: AYES: NOES: AB~TAIN: ABSENT: COMMISSIONERS: Carr, Doyle, Kwok, Stevens and Chair HruTis COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATrEST: APPROVED: Is/ Steve Piasecki ------_._----_._.~~_.. Steve Piasecki Director of Community Developmellt Is/ Andi en Harris -~----_._'-'-_.'--------"-'._'-_._-.._- -~. ~-- Andn.~n Harris, Chairpt rson Cupertino Planning Commission c;: p lallll i IIgfpdrcportlr(~s/201ll)1)i1 I-It)