Reso 6681 U-2012-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6681
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW A RESTAURANT TO OPERATE UNTIL 12AM SUNDAY
THROUGH FRIDAY AND TO 1AM ON SATURDAYS AND TO ALLOW SEPARATE BAR FACILITIES
AT 20750 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: U-2012-01
Applicant/property owner: Fancher Development(Byer Properties)
Location: 20750 Stevens Creek Boulevard (APN: 359-08-013 and 359-08-006)
SECTION II: FINDINGS FOR USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
as described in Section I. of this Resolution;and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the
application;and
WHEREAS,the applicant has met the burden of proof required to support said application; and
WHEREAS,the Planning Commission finds as follows with regard to this application:
a) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
b) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the City's zoning ordinances.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,
the application for a Use Permit, Application no. U-2012-01 is hereby approved,and
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application no. U-2012-01 as set forth in the
Minutes of Planning Commission Meeting of March 13, 2012, and are incorporated by reference as
though fully set forth herein.
Resolution No. 6681 U-2012-01 March 13,2012
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
This approval is based on Exhibits titled, "Pad Bldg 'F', Crossroads Center, 20750 Stevens Creek
Blvd., Cupertino, CA 95014," prepared by Kahn Design Associates, Belden Consulting Engineers,
and Garden Architecture, dated January 18, 2012 consisting of pages A1.0, A1.4, A4.1, L1.1, L1.2,SE-
2, and E-2; and "Islands Restaurants, Cupertino Crossroads, Cupertino, CA;' prepared by Lee &
Sakahara Architects AIA, dated January 25, 2012 consisting of pages A-1, A-2,and A-3 except as may
be amended by the Conditions contained in this Resolution.
2. USE APPROVAL
Approval is hereby granted to allow the 5,086 square foot restaurant to have separate interior bar
facilities and have restaurant operating hours until 12am Sunday through Friday and until 1am on
Saturdays.
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
3. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past site approvals (DP-2011-03, ASA-2011-12, EXC-2011-
10, TR-2011-30) shall remain in effect unless superseded by or in conflict with the conditions
contained in this resolution.
4. PARKING APPROVAL AND FUTURE REVIEW
The restaurant parking approval is based on the Crossroads Shopping Center Parking Study
conducted by Hexagon Transportation Consultants, Inc. dated March 7, 2012. In the event that the
restaurant proposes to intensify their parking requirements (per the City's Parking Ordinance) to
more than those shown on the employee, seating, and dining/bar area square footage on March 7,
2012 Hexagon Transporation Consultants, Inc. report, a parking study (including a parking demand
survey) shall be required prior to approval by the Director of Community Development.
5. UTILITY STRUCTURES/ ROOFTOP EQUIPMENT
All new utility structures will be required to be located underground or screened from public view.
All rooftop equipment shall be screened from public view.
6. FINAL TRASH,DELIVERY, AND PARKING LOT MAINTENANCE PLAN
The final trash, delivery, and parking lot cleaning maintenance plan shall be reviewed and approved
by the City prior to issuance of tenant improvement permits. Recology, the City's refuse provider,
shall review and approve the trash enclosure layout.
Trash and recycling receptacles for public use shall be provided outside of the restaurant and within
the parking lot, to the satisfaction of the City's Environmental Programs Manager. T'he property
owner will be responsible for removing litter from the shopping center on a regular basis.
7. RESTRICTED DELIVERY AND PICKUP HOURS
In accordance with the City's Community Noise Control Ordinance, vehicular deliveries and
pickups (with the exception of refuse pickups) are restricted between the hours of 8 pm and 8 am
Monday through Friday and 6 pm and 9 am on Saturday and Sunday.
Resolution No.6681 U-2012-01 March 13,2012
8. OUTDOOR PATIO USE
The outdoor patio shall not be used by restaurant patrons after 11pm.
9. ODOR ABATEMENT SYSTEM
The odor abatement system as specified in the application documents shall be installed prior to final
occupancy of tenant improvement permits.
10. PARKING LOT SIGNAGE
Prior to final occupancy of tenant improvement permits, the property owner shall install signs in the
parking lot directing patrons to be sensitive to nearby residents with their noise generation. The
wording of the signs shall be reviewed and approved by Planning staff prior to issuance of tenant
improvement permits.
11. LAW ENFORCEMENT SUPPORT
The shopping center property owner shall pay for any additional Sheriff enforcement time resulting
from documented incidents in the shopping center at the City's contracted hourly rate with the
Sheriff Department at the time of the incident.
12. USE PERMIT REVIEW/ADDITIONAL RESTRICTIONS
If complaints have been received related to the tenant(s) under this use permit, and the complaints
were not addressed immediately by the property management, then the Planning Commission shall
conduct a public hearing on the use permit at which time, the approval for late night hours and/or
interior bar area may be modified or revoked.
The City reserves the right to require additional security patrols and/or parking restrictions as
prescribed by the Sheriff's Office.
13. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other agencies with regard to the proposed project for
additional conditions and requirements. Any misrepresentation of any submitted data may
invalidate an approval by the Community Development Department.
14. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees,
and a description of the dedications, reservations, and other exactions. You are hereby further
notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements of Section
66020,you will be legally barred from later challenging such exactions.
Building Division:
15. OCCUPANCY SEPARATIONS
Check occupancy separations between boiler and trash enclosure area based on occupancy types.
Note boiler BTU plus or minus 400,000.
Resolution No.6681 U-2012-01 March 13,2012
PASSED AND ADOPTED this 13th day of March, 2012,Regular Meeting of the Planning Commission of
the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Lee, Brownley,Brophy
NOES: COMMISSIONERS:Vice Chair Sun
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
t '
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Aarti S rivastava Mar er,Chair
Community Development Director Pla ommission