Loading...
.02 M-2007-01 Masayoshi Fujioka CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Agenda Date: Applicant: Owner: Location: M-2007-01 (Six-month review) March 25, 2008 Masayoshi Fujioka (Kikusushi Restaurant) Philip P. LaBarbera 1655 S. De Anza Boulevard, APN 366-10-061 APPLICATION SUMMARY: Consider a six-month review of a Modification to a previously-approved 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 to 10 p.m. on Friday and Saturday (with patrons/ employees leaving by 12 a.m.) RECOMMENDATION: Staff recommends no changes to Resolution No. 6487 approving the Modification to the previously-approved Use Permit (20-U-99) as a result of the six month review. BACKGROUND: On September 25, 2007, the Planning Commission voted (4-0) to grant a Modification to a previously-approved use permit with a six-month review, allowing Kikusushi Restaurant to temporarily extend its hours of operation to 9:30 p.m. Sunday through Thursday (with patrons/ employees leaving by 11 p.m.) and to 10 p.m. on Friday and Saturday (with patrons/ employees leaving by 12 a.m.) during a trial period to determine if the extended hours would impact the adjacent residences. The Commission also requested that this item be brought back to the Commission at the end of the six-month period to allow the Commission to consider whether to continue granting of the Modification permit, thereby continuing to allow the extended hours of operation. Additionally, the Commission requested that staff add a new condition requiring that the service door on the west elevation of the.restaurant not be permitted to remain open at any time, and that staff also review the conditions of approval for the Use Permit (U-20- 99) to determine if the applicant is in compliance with the conditions pertaining to lighting on site and the ventilation system for the restaurant. The Commission also heard from several members of the public during the public hearing who expressed concerns about extending the hours of operation due to noise generated from the heating/ air conditioning system at Kikusushi and glare from the parking lot lighting from the shopping center, and also due to previous code violations from a previous restaurant tenant that occupied this particular space between 1998 and 2003 (Sam Wang Restaurant). The previous Sam Wang Restaurant had a history of code violations pertaining to an illegal karaoke use and illegal late night hours of operation that created excessive noise in the neighborhood. The manager of Kikusushi Restaurant, 2-1 M-2007-01 (Six month review) Page 2 March 25, 2007 Scott Halen, made it clear during the meeting that Kikusushi is not a bar that serves food, but a full-service restaurant with an ancillary bar that does not have or intend to have any entertainment uses, such as Karaoke, or the type of late night hours that San Wang Restaurant operated. DISCUSSION: Over the past six months, the City has not received any code enforcement complaints regarding the operation of the Kikusushi Restaurant with the extended hours of operation. Both the Santa Clara County Sheriff's office and the City's Code Enforcement Division have had no record of complaints on the restaurant. The Code Enforcement Division, however, has had on-going complaints from neighbors about the early morning parking lot sweeping at the shopping center in which the restaurant is located. Code Enforcement has been working with the property owner of the shopping center to resolve this issue. According to the restaurant manager, the property owner has requested the parking lot sweeping company to no longer sweep during the weekends and to begin parking lot sweeping during weekdays no earlier than 8 a.m. Since the September 25th meeting, Kikusushi Restaurant has placed noise control signs throughout the rear parking lot adjacent to the residential uses to the west to request patrons to keep noise levels at a minimum out of respect for the residential neighborhood. This was done in compliance with the conditions of approval of the Modificati.on application. Additionally, the restaurant manager has asked employees to park within the parking lot area directly behind the restaurant adjacent to the residential neighborhood to ensure better control of the parking lot activities in this area without patrons having to park in this area. The restaurant manager has notified restaurant staff to keep noise levels at a minimum. During the last meeting, the Commission also asked staff to review whether the curreht parking lot lighting is in compliance with the conditions of approval of the previously- approved Use Permit. One of the adjacent residents during the public hearing said that the parking lot lighting poles were replaced some years ago and that they are taller and spread light further than the original poles. Staff reviewed the building permits for the restaurant and site, and did not find any permits for a change in light poles in the parking lot. The conditions of approval in the previously-approved Use Permit includes a condition that states parking lot and building lighting shall not cast direct illumination on or over the fence shared with residential neighbors, and that the applicant shall work with the City to provide reasonable levels of lighting in the rear parking areas to comply with this condition. The restaurant manager indicated that he spoke to the property owner who said he changed the light poles without benefit of a building permit approximately 8-9 years ago. Therefore, it appears that the lighting may not be in compliance with the conditions of approval. Staff recommends that a condition of approval be added that requires the property owner to modify the parking lot lighting in 2-2 M-2007-01 (Six month review) Page 3 March 25, 2007 accordance with the conditions of approval and that a building permit shall be obtained for the parking lot lighting and any modifications that are required. Further, the Commission asked staff to review the concerns about noise emanating from the heating, ventilation and air conditioning systems. The condition of approval of the previously-approved use permit requires these systems to be maintained in good working order to comply with current health and safety codes. Prior to the September 25th meeting, the Code Enforcement Division received one complaint on Kikusushi Restaurant about noise generated from the heating/ air conditioning system. This issue was resolved after Kikusushi Restaurant repaired the heating/ air conditioning system and the noise was reduced. Code Enforcement conducted a noise reading at that time and found the decibel level to be within code requirements. Code Enforcement conducted another noise reading on March 20, 2008 with both the ventilation and cooking hood systems on and found that the noise reading complied with the City's noise regulations. Enclosures: Exhibit A: Resolution No. 6487 approved on September 25, 2007 Exhibit B: Planning Commission meeting minutes of September 25, 2007 Exhibit C: Planning Commission Staff Report of September 25, 2007 w / attachments Submitted by: Aki Honda Snelling, Senior Planner . Approved by: Steve Piasecki, Director of Community Development c'S -G( 5.?, G; CupertinoNT/Planning/PDREPORT/pcUsereports/2006ureports/M-2007-01, March 25th 6 month review.doc 2-3 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. SUNDAY THROUGH THURSDAY (WITH P ATRONS/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 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 2-4 Resolution No. 6487 Page-2- M-2007-01 September 25,2007 SECTION ill: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. 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-2007-0l) shall be held by the Planning Commission to determine if the approval of this application (M-2007-0l) 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. 2-5 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 /s/Ciddy Wordell Ciddy Wordell City Planner /sILisa Giefer Lisa Giefer, Chairperson Cupertino Planning Commission g/planning/pdreport/res/2007IM -2007 -01 2-6 Cupertino Planning Commission 2 September 25, 2007 ORAL COMMUNICATIONS: None CONSENT CALENDAR: 3. MCA-2007-0l Masayoshi Fujioka (Kikusushi Restaurant) 1655 So. DeAnza Blvd. Modification to Use Permit (20-U-99) to extend the hours of operation of an existing restaurant to 9:30 p.m. (with patrons/employees leaving to 11:00 p.m.) Sunday through Thursday, and 10 p.m. on Friday and Saturday (with patrons/employees leaving by 1:00 a.m.) Aki Honda Snelling, Senior Planner, presented the staff report: · Reviewed the application from Kikusushi Restaurant for a modification of an existing use permit to extend evening hours of operation to 9:30 p.m. Sunday through Thursday, and 10 p.m. on Friday and Saturday, as outlined in the staff report. · The applicant is requesting a change of operating hours to coincide with those that existed at their prior location at their San Jose location nearby. The restaurant will offer no entertainment or karaoke uses. · She noted that City Code Enforcement received a complaint about the restaurant's heating and air conditioning unit in May 2007. The unit has since been rePaired and the noise mitigated. A petition has been submite4d by neighbors requesting that the application be denied. . Staff recommends that the Planning Commission consider granting a temporary approval of the. modification to the use permit, granting approval for approximately 6 months, at which time the city can determine whether or not there are violations of the use permit or problems relative to noise and parking. The application would come back in 6 months for the Commission to review whether or not to grant the use permit as proposed. · Staff also recommends additional changes to be added to the temporary use permit; that on Friday and Saturday nights all persons be required to leave the premises by 12 a.m. rather than 1:00 a.m. Staff feels that if the closing time is 10:00 p.m., two more hours should be sufficient time to serve the remaining customers, and to have the employees clean up and leave. Staff is also recommending a condition to require noise control signs throughout the parking lot, and also to restrict patrons from parking in spaces behind the building after 8:00 p.m., to mitigate potential noise from the site. Staff also recommends adding one more condition not in the resolution, which is to prohibit doors facing the residential properties to the west from remaining open during business and cleaning hours. Staff answered Commissioners' questions relative to operating hours, parking, and noise from the restaurant impacting the adjacent residents. Eileen Murray, Assistant City Attorney, recommended that the application come back to the Commission for review after a short time period under the modified operating hours. Masayoshi Fujioka, restaurant owner: . He asked that the operating hours be extended and said he was willing to work with the neighboring residents to develop a good relationship. Scott Helen, Manager, Kikusushi Restaurant: · Said that the main reason to extend the operating hours was to enable them to do their job sufficiently along with working with the neighborhood. He said at their other location, the 9:30 p.m. and 10:00 p.m. closing hours were successful, which allowed the patrons to finish their meals and staff clean up and close the premises within an hour after the closing time. . He said it was their goal to work with the neighbors and the city to work within the guidelines and the rules. 2-7 Cupertino Planning Commission 3 September 25, 2007 Chair Giefer opened the public hearing. Ting Kao, Cupertino resident; also spoke on behalf of Mr. and Mrs. Haong: · Reviewed the history of the prior restaurant and the problems encountered by the neighbors. Many of the residents moved from the neighborhood because of the constant problems with the previous restaurant, which they did not feel were mitigated. She said that because the building is so old, it does not conform to any of the city's existing codes including those related to noise mitigation, safety and traffic. · She said that the nature of the business puts the burden of enforcement on the neighbors for monitoring the noise impacts and safety impacts on the neighborhood. · She said that problems still exist regarding the air conditioner unit, and the parking lot lights. . Opposed to the application. Aki Honda Snelling: · Said that the code section related to exterior doors, and loading dock doors, and said that many of the ordinance requirements applied to new developments. It is a legal non-conforming site which was developed, hence they are.having to work with an existing development site. i . Said that a noise study had not been conducted. She reported that a complaint had recently been received about the air conditioner unit; Code Enforcement said it was resolved by repair of the air conditioner unit. . Staff said that they would check on the status of the air conditioner unit repair. Jennifer Griffin, Rancho Rinconada resident: . Reviewed the various bars and restaurants in Cupertino from previous years which created problems within the neighborhoods. . · She said if the hours are extended, she felt 12 midnight was a suitable time for the patrons to leave the premises. The area is a heavily populated area with houses and it is unfortunate that the bar area is close to the neighbors but that is the way it was built. She recalled the problems at the Captain Cooks bar many years ago and another bar at Blaney and Stevens Creek which was also notorious. · She said she was certain the restaurant would not fall into that category, and she felt that trying to limit the number of intoxicated people on the streets after 12 midnight was a positive thing. She questioned if they could stop serving alcohol earlier at the bar. · She said that because of the historic nature of the property and that the neighbors had to go to such lengths to try to mitigate the problem, they need to be sensitive to the residents. . It is important that they address the lighting and the parking issues. If you do lock the doors on the back side of the building, please make sure you put screamers on them; don't let people go out, but don't have the situation where you are locking patrons in the event of fire. Glenn Serr, Cupertino resident: · Said he submitted the complaint about the air conditioner unit and the parking lot lights, and stated that the problem with the air conditioner unit still existed, even though the city said it had been repaired. . Relative to the operation of the fans, he suggested that the fans be turned off earlier in the evening. . Opposed to the application. Alan Russell, Cupertino resident: . In favor of the application. 2-8 Cupertino Planning Commission 4 September 25, 2007 · Said that Kikusushi Restaurant has always been responsive to neighborhood concerns and is an asset to the community. · He requested that the application be approved for extended operating hours. Scott Helen: · Said that the reason to have the liquor license transferred is for the customers' consumption while they are dining, not for before or after hours, which is why there is a separate area for that. First and foremost it is a restaurant with a bar; not a bar that serves food. · Said they currently did not have plans to expand the bar or make it a sports bar. Chair Giefer closed the public hearing. Com. Wong: · They said that when they generated a code enforcement complaint, one was the HV AC which Code Enforcement dealt with and the other part of lighting was referred to the Planning Department. Is it a two part process that must be split? AId Honda Snelling: · Said that in the original use permit condition, there is a condition regarding parking lot and building lighting, that it should not cast illumination on or over the fence; therefore if it is currently doing that, they will have to remedy the situation to meet the condition. Com. Wong: · Since it is a legal non-conforming building built many years ago, and since there is a series of restaurants that go in there, is there any way to have a masonry wall there? Ciddy WordeD: · Said it could be a condition of approval to install it at this time; the property owner would have to install it as he is party to the application. If he refused to do it, the use permit would not be valid. Eileen Murray: · Said the mechanism of enforcement of the judge's ruling that parking was not permitted in the back after 9:00 p.m. would be through the Sheriff's office because there is no night time Code Enforcement. The city cannot do anything if it is from the judge; it is a contempt of court if that is occurring and the city would have to go back to court to file a contempt action. IShe said it may not be an issue because they are willing to block it off. As far as the rest of the court order regarding the hours, it allows for them to ask for other hours, by coming in and applying for a use permit. Com. Wong: · Asked what type of mechanism a resident has other than doing documentation by calling and investigating in the middle of the night, e-mailing Code Enforcement or the city the next day. Eileen Murray: · Said that the mechanism is to call the Sheriff if it is a disturbance at night and call the city during the day and report it; and staff would go out and work with the property owner or . business owner. It is similar to the procedures for a temporary restraining order and then a permanent injunction which is what was done previously with this particular site. . Said that is why she recommended that it come back to the Planning Commission with notice to the neighbors that it is being brought back so they can report any problems encountered. 2-9 Cupertino Planning Commission 5 September 25, 2007 · She said she would recommend against it because they are so close to residences, and there will likely be problems. She expressed concern that it took a year and it was a terrible situation where families and children couldn't sleep at night and it went on every night, not an occasional incident. It was a previous business. Com. Miller: · Said that whenever there is an interface between two different types of uses, opportunities for problems and friction exist; the bar has been there for 30+ years. There are always problems, some places in town seem to work their problems out better than others; the Blue Pheasant has been a continuous problem for the neighbors there and has not had a completely satisfactory solution. There were some concerns from the residents across the street from the Elephant Bar, but they were resolved in a reasonably satisfactory way because nobody has complained further. Even though they are separated by a street they are roughly the same distance. · Comparing the Blue Pheasant to the Elephant Bar, the Blue. Pheasant makes its money primarily through its bar and by providing entertainment and loud noise late into the evening. The Elephant Bar does not; it is primarily a restaurant; they do have a bar area similar to Kikusushi's, but it is primarily to serve drinks with dinner as opposed to people coming in to hang out as a singles bar, and such. Late at night, they seem to be closed and a good neighbor. · He said they want to ensure that the residents who live there are not unduly put out; but they also have a responsibility to their commercial interests in the city; particularly when one comes from San Jose into Cupertino, they are welcomed and they want them to be successful as well and they look for win-win solutions. · He referred to an earlier comment from a speaker about choosing to live behind Home Depot even though he knew that it would be noisier. He said that when residents move in close proximity to a shopping center or large store, it is a choice they have made. He said they still wanted to ensure that things work as best they can for the residents near the restaurant, and if the air conditioner is creating a problem and there is a code issue, they want to make sure it is addressed. · He said a speaker discussed concerns about traffic issues, but he did not know how relevant traffic issues were tonight because there will always be some commercial interest and there will be traffic whether or not Kukisushi stays open for an extra hour. It is important that if there is more traffic in the neighborhood, there are ways to mitigate that as well. · He said that since they have not received any complaints since the new ownership of the restaurant, and they were good neighbors in their previous location, his preference would be to approve a conditional temporary trial allowing the extended hours, and bring it back in six months to the Commission. If there are still complaints at that time, they can then be addressed. · The other issue was whether or not a masonry wall was appropriate, and the neighbors may Want to be consulted on that. To some extend a masonry wall would help the first story of a house, but it wouldn't help the second story of a house. Although there may be an unattractive wood fence, he said he would not want to live in a house where he had to look at a masonry wall every day. . He said he felt they should follow staff's recommendations. AId Honda Snelling: . · Everything in the current use permit would carry over except for any changes, meaning extended hours and any new conditions would be added. She said they could bring in the language of the lighting and HV AC to the current model resolution for clarity. 2-10 Cupertino Planning Commission 6 September 25, Zoo7 addy WordeD: . Said they did not try to bring everything up to code; it is the Planning Commission's discretion if they felt they wanted to tie something to the new request. Relative to the masonry wall, 8 feet is currently the minimum requirement and likely is established as something that the city has required for a long time; therefore it could be appropriate. Com. Wong: · Said he agreed with some of the neighbors' concerns and also Com. Miller's comment that some of the previous tenants were not being a good neighbor. Kukisushi with their record at their previous location, is one of the better tenants compared to the others. He said he felt the concerns about lighting and HV AC were legitimate concerns and he hoped that the city would follow through in addressing those issues. . Concurred with the city attorney to bring the application back in six months and if legitimate concerns are still not addressed, there could be reconsideration of not granting the liquor license. . Said he felt the staff recommendations and compromise made were within reason. Com. Kaneda: . Said he agreed with Com. Miller, and with the six months' trial period. He said he was concerned about the lighting issue that has nothing to do with the current restaurant o~er. He said that it is not under the control of the new restaurant owner, and it was unfair to hold him responsible. . Relative to the air conditioner issue, it is a matter of getting out there with a sound meter to determine if there is a problem. . Said he understood that there is a conflict between the neighbors and the restaurant; and said that the restaurant owner is very concerned about being a good neighbor and will try to do the right thing. If he doesn't, the Planning Commission will have the ability in six months to reverse their decision. . He said he felt the restaurant owner was being punished for the wrongdoings of the previous restaurant owners, which was not fair. Chair Giefer: . To clarify the point Com. Kaneda brought up, with regard to the lighting, that is for the entire center and is something controlled by the owner of the Coach House site. It is tied into this use permit, and if we were to give a six month temporary extension of the hours, would it be appropriate for us to require the property owner to either adjust the timing on the lights and ensure that the height is brought down so that it is not lighting off of the site. How is that done within the city for us to notify the property owner or make sure that happens? Ciddy Wordell: . It is an existing condition; if the problem was brought to staff s attention; (there is no record that it was) staff would seek and get compliance. Com. Kaneda: . If the property owner is required to correct the lighting problem, if it may turn out that lowering the lights five feet or to their original height, would it stop light from bleeding off the property. It may have been that it was incorrect before they were raised; what would the property owner be required to do at that point. 2-11 Cupertino Planning Commission 7 September 25, 2007 Ciddy WordeD: · The property owner needs to comply with the condition of approval, to not cast direct elimination on or with the fence. Chair Giefer: . Said she concurred with comments from the other Commissioners; and agreed with the temporary six month use permit extending the hours and staff recommended items. . She commented that in the past, she has frequented Kikusushi's as well as other restaurants within the city, and always felt it was a family restaurant, where you could have a drink if you wanted one; but did not consider it just a bar. Motion: Motion by Com. Milier, second by Com. Kaneda, to approve Application M-2007-01 per the staff recommendation; in addition it be a temporary use pennit for six months; add door closure on the west side? (4-0-0) Chair Giefer declared a short recess. OLD BUSINESS: NEW BUSINESS: None None REPORT OF THE PLANNING COMMISSION: The Environmental Review C..ommittee: No meeting held. Housinl! Cornmfqfon: No meeting held. Economic Deyelooment Committee: No meeting held. Mayors Monthly Meetins! With Commissioners: Com. Wong reported that the following issues were discussed: . The Senior Commission: Preparing for the next age wave; working with the City of San Jose to identify their issues. · The Telecommunications Commission: A report regarding the cell towers; there will be some outreach. . Howing Commission: A report on the Kliel project; they are going to do some affordable housing, the housing commissioner reported that the bids had been sent out. . Library Commission: A new librarian has been hired to replace Maryanne Wallace. Cupertino is one of the highest circulation libraries in Santa Clara County. . Parks & Recreation Commission: Com. Roger Pang resigned. A new park is being created in Rancho Rinconada. . Public Safety: They are working with the middle schools on a pilot program to monitor speed limits near the schools. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: No additional report. ADJOURNMENT: The meeting was adjourned to the October 9, 2007 Planning Commission meeting at 6:45 p.m. SUBMITTED BY: Approved as presented: October 9, 2007 .2-12 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 2-13 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. 2-14 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 .s L- /LJ ~ {/--Z~~LJL; ~- . G: CupertinoNT/Planning/PDREPOR T /pcU sereports/2006ureports/M -2007 -0 I.doc 2-15 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 P ATRONS/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 fmds 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 sub conclusions 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 2-16 Model Resolution Page-2- M-2007-01 September 25,2007 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. 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. 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: 2-17 20-U-99 Exhibit 8 CITY OF CUPLRT~NO 10300 Torre A venue:: Cupertino, California 95014 RESOLUTION NO. 6050 Of THE PL/ NNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR AN EXISTING REST AURANT/BAR FACILITY LOCATED AT 1655 S. DE ANZA BOULEVARD ~. SECTION 1: FINDINGS WHER1~AS, the Planning Commission or the City of CUjk:(t;no 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 \-vith the Procedural Ordinance of the City of Cupcltino, and the Planning Commission has held one or more public hearings all this malter; and WHEREAS, the Planning Commission has detctmined t.hat the proposed use properly conditioned in tlus use permit: I) \VII not be detrimental or injurious to property or improvements in the vicinity, am': .will not ue dctrimcntHl to the public health, safety, general welfare,~r convenience; 2) The proposed use will b~ located and conducted in a manner in accord with the CU}Jertino Comprchen~1ive General Plnn and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That alter carcfdl consideration of maps, nlcts, exhibits, lcstime.ny and other evidence submitted in this mattl;r, the application for Use Permit is hereby approved, subjecl to the conditions which ure emuucratcd ill this Resolution beginuing on page 2 thereof; and That the subcondusions upon which the findings and conditions specified in this resolution :uc bascd und contained in the public hearing record concerning Applieatioll file 110. 20-U-99 Se>: forth in the. Minutl;s of the Planning Comlllission ivh~eting of, August 14, 2000, and arc incorporated by reference liS t:lough fully set forth herein. 2-20 ~.; :,.-!,~;..:....:~.... '....;.'../_..:-~~~~:~--1~.... -. :,: ~;:-'~ ':,.;':.(~:~: 7~. ,',' <~:':~?~~~~~:<<~3;?(':;'~-~-~~;~~~~~;~; ~t~~.(;})~~ ;:;/~~:~~~J~:;)j;'-~-t:~L.~~.;:;-~-:~~:'~:<~ ~~:'/ _~~~-~~ ~}it-~~~~ Resolution No. 6050 Page-2- 20-U-99 August 14,2000 --~ =-= SECTION [I: ~)kOJECT DESCRIPTION Application Nl): Applicant: Property Owner: Location: 20-U-99 Al Lien Wang (San Wang Restaurant) Philip & Larry LaBarbera 1655 Soutb De Anza Boulevard SECTION lIT: CONDfTIONS AD~,llNISTERED BY THE COMMUNITY DEVELOP~AENT --..----- DEPT. 1. APPROVED EXHIBITS ------- The approval is based on Exhibits titled "San Wong R~staunU1l, 16:'55 S. De Anza l3lvd., Cupertino, C;\ c) 5014" jated 3/29/99 and consisting of one sheet label AI, except as may be amcnded by the Conditions.contained in this Resolution. The Karaoke live entertainment aspect of the plan has been withdrawn by the applicant lli.1d is not approved under this use permit. 2. PERMITTED USES ..--------------- This llse permit approves an existing restaurant and bar consisting of 133 restaurant seats and 45 bar stools ami chairs. J. PERMITTED HOURS OF OPERATION TI;;J~~~;~~lt~1 hOUl;-;l[ operlltioll arc: SU11(~ay through Thursday from 10:00 a.m. to 9:(;0 p.m. On !hcsc day:;;, no new putrons may be admitted after 9:00 p.m. and all employees und patrons 111\1St (~xit tile premises by 10:00 p.m. On Friday and Saturday the permilled hours or opcrntioll arc 10:00 a.m. to I (J:OO p.m. Un llH.:~c days, 110 ncw patrons may be admitted after 10:00 p.m. amI all emplo)'t.:es and pL.llron~ must exit the premises by 11 :00 p.llI. 4. EXTElUOR CLEANING ACTIVITIES ____ - _._ ,...._. _____"_ _.____._. _._ _. .". - .._._ .__ - _', - _.._._ "'__'" _-'0_ Any dC~lIljng and mnilltcnallcc activities conducted by lhe appliciut or the exterior of the n:slauruntlbar building (H' the adjoining parking and 1,ll1dscapcJ arcas shall bG C\H1dllCtcd between lhe hours or 10:00 a.m to 10:00 p.m. on Sunday through Ihursuay, and 10;00 a.m. to 11 :00 1'.11\. 011 Friday anu Saturday. 2-21 - -~-':>'" .......:~.". .----. ~. .,...,..L !lL. ~'. ;-~(\.~~ '~":~~..~;::'k~~ ~~~~::~ ~~..~~~~'"" ;~~::/'~~::"\'1(:--';'~';;' Resolution No. 6050 Page-3- 20-U -99 August 14,2000 =--= 5. ENTER!"AINMENT ACTIVJTIE~' Restaurant-sponsored cnterluinmcntor amplified entertainment is prohibited by thi~ 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 rcas0IHlble levels .of lighting in the rear parking areas in compliance with this condition of approvnl. 7. INSPECTION AND MAJNTENANCE 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 pClform regular maintenance of the ventilation system to curb the emanation of detectablc food and grease odors from the restaurnnt into the adjacent residential area. P ASSEU AND ADOPTED this day of J 4th Day, of August 2000, at a Re[ular Meeting of the Planning Comrnissi~)n of the City of Cupertino, State at' California, by the following roll call vote: AYES: NOES: AB~l'AIN: ABSENT: COMMISSIONERS: Carr, Doyle, Kwok, Stevens and Chair Hm-ris COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATrEST: APPROVED: Is/ Steve Piasecki -~ --------.-- Steve Piasecki Direclor of" Community Development /s/ Andl en Harris ----.---..-.-----..-.- --.--.--- -.. . ..-- Andrea Ilarris, Chairp' rson Cupertino Planning Commission G: planll illgipdlcrortlrc~/2()1Il)I)il 2-22 ..,...\. I., . ~ . .._,,',R H~' ~'~b' .7.':" .;~..I. - .~~. . ~, :? ',. .;,,-,,:').. ,....:. .1_.....( .r!;~;:t ~:~(~t . .J .,' ~', ~:ill'l ~l :1, 1',1 ~.. o"d ~. ~ "" :,......\ l" . ~~.~ .J I.,i'! cl-:- l'r':'~ '/. . ~i r:J rrJ --11 -:!'i, ..~ ~tol'" .l" "1 Yi~ J' f. \~ - - ----;-1 i- \) f ~~ , ~ ",.1,\, " '\ ", "\)':1'.. .1 :!' 9. ~ '; \ ~ ./J , ~ t r:- ~------" - , 1 ..' t~ ---~--$ ~ ::r-" T , .. -~"~.i.;~,."H>>(;I' ~g~". 4~~'ll.:';",~'J' ~..~.~ .~. -~ - t \'" . .\: :;. "'~l . ~.. ., ' J ~~ J .' 4 ",.. ./ ~ < ~ .~ \ ... . ( '. o r ~ \ ---'f"h.\; .. !.;J ,.;.... f I .'5~...-o.3:. 1'-'::..;~._~;;'.1 . :....; -...... -;l, "t ~') I I) I r .~ '7 ; \. " , /; t:: f I , 0 .. I p, .t', .f !.I \' < r Ii I' . ; I l/l ' I .~ '~; I.. .1 fJ ,'1: ~ .~I I. .. 1 ~ ;f I I ~ " " . :<i \~~ .1 i .~ .:,+ il .,1 .. . .1 J T"{_~l~\-' :1'"........ 1I..e~ .Fl~&... 'rJ!!.. ...L.~4~I0,.4 b~.""". ...... ,r-5f.'~PI"-', . ;; 1 'i' ~ ,i v \ i i ] ! . , I ! I. \' l' ':t .-#f.- \1-'; t ! , ~-~ ---,..,..~~- -,--,......:::=-...::::-...--P .:.-~;~":::"'~=- , ; - ,i'l " ~ .> I .., , ~ ~ ~ .') u " , !:" 0" 'Iil :~ c ~ ." . t-S .~" N' a p I r I" or.m o ..,. i. ~ t (; ( 'b ~ r 50 , .7 I" r ~ ! ~ 'J, _Od r t T ":i ... .J : f '1: .1i - i i I ;~ \- ..:i 'I Ii !.i ;! .. :\ ~ ~ '1' i '1 0\ I 'I Iii IIID' ,: .. ., 111 , t 1i ;. .t. .1 .t. .t I' " " ... ,- :~ :tt r ~ I~ V. ," ,. " . I' I" ~ '~'O o C o (, '''I 1_. ",i;; "1 - t I 138 +1. -t' >\J lI"ffJ c.. ,v {' ,. r ., .' .1 ~ C I . ;:;; " 7 ? \-~ I" ' ,H 'v..... y -1>(,='(_ -:-~~_.. ~ ~. ~ "..... i.... .! ,. I , I'. t .f ./ '-1. .', ..,.... . . t. , \ ~ L ",I.", ;:', '::' ..... I f.- ,,'" .- J C"\' ~":::...._. J L '1' .il" ,; 'r." ~F ,.- l.. ",~~~' . itA -I~""'" I' .' . j L i I I ,I I ,I - : ,::\ I -...~-._::-_; ..- I ' ji '.. ";1" ;i ! - . /.....;, f- . I... , i" I ' I , ....1 , ; ID .._ .L~_ r-- -\ - .... ;'_'0--" i ,.,....._)1:... .._.~ .. -:l" /, '\ ,'I,; '_ U:i .'~./ .:~, ,::r/~. .;.:..?--~ .....:=::::.::;.....~_. ~~~ I .... "~.i " ''oJ ,!