PC Summary 09-25-07
. City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To:
Mayor and City Council Members
From:
Steve Piasecki, Director of Community Development
Date:
October 2, 2007
Subj:
REPORT OF PLANNING COMMISSION DECISIONS MADE
September 25, 2007
Chapter 19.32 of the Cupertino Municipal code provides for
appeal of decisions made by the Planning Commission
1. Application
M-2007-01, Masayoshi Fujioka, 1655 S De Anza Blvd. (Kikusushi Restaurant)
Description
Modification to Use Permit (20-U-99) to extend the hours of operation of an
existing restaurant to 9:30 PM (with patrons/employees leaving by 11:00 PM)
Sunday through Friday and 10 PM on Friday and Saturday (with
patrons/ employees leaving by 1 AM)
Action
The Planning Commission approved the application on a 4-0 vote.
The fourteen day-calendar day appeal will expire on October 16, 2007.
Enclosures:
Planning Commission Report of September 25, 2007
Planning Commission Resolution No. 6487
g:planning/Post Hearing/summary to cc092507
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
I 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
I-I
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
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G: CupertinoNTlPlanning/PDREPOR T /pcU sereports12006ureports/M -2007 -0 I.doc
1---3
M-2007-01
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 II of this 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 of the 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
w~lfare 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 subconc1usions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application M-2007-01 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-2007-01
Applicant: Masayoshi Fujioka (Kikusushi)
Location: 1655 S. De Anza Boulevard
}..-4
Model Resolution
Page-2-
M-2007-01
September 25, 2007
SECTION ill: 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-2007-0l.
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:
(,5
20-U-99
Exhibit B
CITY OF CUPLRT!l'IO
10300 Torre A venue
Cupertino, California 95014
RESOLUTION NO, 6050
or THE PL/ NNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AUSE PERMIT FOR AN EXISTING RESTAURANT/BAR FACIJ..,ITY
LOCATED AT 1655 S. DE ANZA BOULEVARD
~:~
SECTION I: FINDINGS
WHEREAS, the Planning Commission or the City of Cllpl;:ft~110 r~ceive:l all application for a Use
Pcauit, as described in Section n. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Proceuural
Ordinance of the C;ty of Cupeltino, and the Planning Commission has held one or morc public
hearings 011 this malteI'; and
WHEREAS, the Planning Commission has determined t.hat the proposed use properly
conditioned ill tillS use permit:
I) \Vll not be detrimcntal or injurious to property or improvements in the vicinity, an<.1 will not
be detrimental to the public health, safety, general welfare,~)I' convcnicncc~
2) The proposed use will b{~ located and conducted in a manner in accord with the CU}Jcrtino
Comprchen~;ivc General Plnn and t.hc purpose of this title.
NOW, THEREFORE, BE IT RESOLVE']):
That aftcr careflll consideration of maps, nlets, exhibi Is, testimony and other evidence submitted in
this matter, tbe application Cor Use Permit is hereby approved, subject tn the conditions which ure
enwlleratcd ill this Resolution beginning on page 2 thereof; lInd
That the sUbcondusions upon which the findings and conditions specified in this resolution :II'C
based und contained in the public hearing record concerning Application file 110. 20-U-99 s('~
forth in the Minutes of the Planning COl11l11ission Meeting of, Augnst 14, :'WOO, and are
incorporated by reference tiS t:lllugh fully set forth herein.
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Resolution No, 6050
Page-2-
20-U-99
August 14,2000
-.:0::0
SECTION II: PkOJECT DESCRIPTION
Application Nl) :
Applicant:
Property Owner:
Location:
20-U-99
AI Lien \Vang (Sun Wang Restaurant)
Philip & Larry LaBarbera
1655 South De Anza Boulevard
SECTION Ill: CONDITIONS ADHINISTERED BY THE COMMUNITY DEVELOPMENT
-...---- ---
DEPT.
1. APPROVED EXHIBITS
.---.-------
The approval is based on Exhibits titled "San Wong Restaurant, 1655 S. De 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 and is not approved under this use permit.
2. PERMITTED USES
...__.._.__._~__.__v______
This lIse permit approves an existing restaurant and bar consisting of 133 restaurant seats and 45
bar stuob and chairs.
J. PERMITTED HOURS OF OPERATION
..----.-. _._-_._-_._-~.-
Th(: perl1litted hOlll'~ of operlltion arc: SU11(~ay through Thursday from 10:00 a.lIl. to 9:GO p.m.
On (hese day~, no new putrons may be admitted after 9:00 p.m. and all employees and patrons
I11l\st f~xit the premises by 10:00 p.m. On Friday and Saturday the permitted hours or opermioll
arc 10:00 a.Ill. to ]0:01) p,m. Un 1l1e~c days, IlO new patrons 1l1i1Y be admitted after 10:00 p.m. anc'
'-111 emplo)'L;cs and putrons must exit the premises by II :00 p.llI.
4. EXTElUOR CLFANfNO ACTfV]TIES
_..~._,.- ..-.--..---..- -...-.--.-.-..... _.. ...-..-'- ,,--,_.", - ....-.-.-...--..- .~.._--
Any cleaning and. maintenallce a<;tivities conducted by the applic;ldt or tile exterior of the
rcstauranl!barbuilding (1" the adjoining parking and bndscapcu arcas shall he c\'I1llucted between
the hours of 10:00 a.m to 10:00 p.m. on SUllday lhrough Thursuay, and 10;00 a.m. to 11:00 p.m.
all h iday anu Saturday.
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Resolution No. 6050
Page-3-
20-U-99
August 14.2000
=--=
5. ENTER!AINMENT ACTIVITIE~'
- --
Restaurant-sponsored en~ertttinmcntor 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 !.'casrmable levels of
lighting in the rear parking areas in compliance with this condition of approvn.1.
7. INSPECTION AND MAINTENANCE OF VENTILATION SYSTEM
------- -
The applicant shall keep the heating, ventilation and air conditioIling (HV AC) system in good
working order and in compliance with current health and safety 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,,)l1 of the City of Cupertino, State at' California, by the following roll call
vote:
AYES:
NOES:
AB;;TAIN:
ABSENT:
COMMISSIONERS: Corr, Doyle, Kwok, Stevens and Chair Hm-ris
COMMISSIONERS:
COMMISSIONERS:
CO MMISSI ON ERS:
ATTEST:
APPROVED:
Is! Steve Piasecki
_.__._._._--_._.~..
Steve Piasecki
Director of Community Development
/s/ Anthea Harris
_.._-_.-.-.._,~-----~..-,._,-~-_..--~..~. ~--~
Andn~a llarris, Chairpt rson
Cupertino Planning COlllmission
G: p I ann i ng/pdrcportlrcs/2 (lul)()a
I-It)
M-2007-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6487
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A USE PERMIT (20-U-99) WITH A SIX-MONTH REVIEW
TO EXTEND THE HOURS OF OPERATION OF AN EXISTING RESTAURANT TO 9:30 P.M.
SUNDA Y THROUGH THURSDAY (WITH PATRONSIEMPLOYEES LEAVING BY 11 P.M.), AND
10 P.M FRIDAY AND SATURDAY
(WITH PATRONSIEMPLOYEES 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 II of this 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 of the 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 subconc1usions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application M-2007-01 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-2007-01
Applicant: Masayoshi Fujioka (Kikusushi)
Location: 1655 S. De Anza Boulevard
Resolution No. 6487
Page- 2-
M-2007-01
September 25, 2007
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
I. PREVIOUS CONDITIONS OF APPROVAL
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. SIX MONTH REVIEW
A six-month review of this application (M-2007-01) shall be held by the Planning Commission to
determine if the approval of this application (M-2007-01) shall continue per the conditions of
approval of this resolution. Approval of this application per the conditions of approval of this
resolution shall expire in six months, unless the Planning Commission approves continuance of this
approval.
4. 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.
5. 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.
6. REAR DOORS ALONG WESTERN PROPERTY LINE
The rear doors of the restaurant facing the western property line shall not be kept open during
business/cleaning hours.
7. 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 reasonable levels of lighting in
the rear parking areas in compliance with this condition of approval.
8. INSPECTION AND MAINTENANCE OF VENTILATION SYSTEM
The applicant shall keep the heating, ventilation and air conditioning (HV AC) system in good
working order and in compliance with current health and safety 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.
Resolution No. 6487
Page-3-
M-2007-01
September 25,2007
9. 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: Chairperson Giefer, Vice Chair Wong, Miller Kaneda
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: none
ATTEST:
APPROVE
Is/Steve Piasecki
Steve Piasecki
Director of Community Development
/s/Lisa Giefer
Lisa Giefer, Chairperson
Cupertino Planning Commission
g/planning/pdreport/res/2007IM - 2007 -0 I