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7-22-14 PC PacketCITY OF CUPERTINO AGENDA Tuesday, July 22, 2014 10350 Torre Avenue, Council Chamber PLANNING COMMISSION 6:45 PM SALUTE TO THE FLAG ROLL CALL APPROVAL OF MINUTES WRITTEN COMMUNICATIONS POSTPONEMENTS/REMOVAL FROM CALENDAR ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. CONSENT CALENDAR PUBLIC HEARING Page 1 CITY OF CUPERTINO None July 22, 2014Planning Commission AGENDA Subject: Wine Bar application Description: Application No(s): U-2014-03 Applicant(s): Mark Sylva (Cupertino Property Development II, LLC) Location: 19700 Vallco Parkway Use Permit for a proposed wine bar and restaurant located in the 19800 Mixed Use Development (formerly Rosebowl) Planning Commission decision finaled unless appealed Recommended Action: Recommend approval of the application Staff Report 1- Draft Resolution 2 - Plan Set 3 - Business Description 4 - Parking Analysis OLD BUSINESS NEW BUSINESS REPORT OF THE PLANNING COMMISSION Environmental Review Committee Housing Commission Mayor’s Monthly Meeting with Commissioners Economic Development Committee Meeting REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT ADJOURNMENT Page 2 CITY OF CUPERTINO 1. July 22, 2014Planning Commission AGENDA If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. Please note that Planning Commission policy is to allow an applicant and groups to speak for 10 minutes and individuals to speak for 3 minutes. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. Materials related to an item on this agenda submitted to the Planning Department after distribution of the agenda packet are available for public inspection in the Planning Department located at 10300 Torre Avenue, during normal business hours. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777-3308 or planning@cupertino.org. Page 3 CITY OF CUPERTINO PLANNING COMMISSION STAFF REPORT Agenda Item No. Agenda Date:July 22, 2014 Applications:U-2014-03 Applicant:Mark Sylva(CupervinoWine Bar) Location:19700 Vallco Parkway APPLICATION SUMMARY: Use Permit(U-2014-03) for a wine bar at a proposed restaurant located in the Ninteen800 (formerly Rosebowl) Mixed Use Development. RECOMMENDATION: Staff recommends that the Planning Commissionapprovethe UsePermit (U-2014-03) in accordance with the draft resolution. PROJECT DATA: General Plan Designation:Commercial/Residential Zoning Designation:P(CG, OP, Res) Conceptual Plan:South Vallco Park Planning Area Commercial Building Area:44,126 square feet Restaurant Area:2,203 square feet (.05%) Number of Employees:5 Parking Spaces Required:24 Available:24 Hours of Operation: Monday –Thursday 11am –10pm Friday –Saturday 11am –11pm Sunday 10:30am –8pm Project Consistency with: General Plan:Yes Zoning:Yes Environmental Assessment:Categorically Exempt DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 U-2014-03 Cupervino Wine Bar July22, 2014 BACKGROUND: Previous City Approvals The City Council approved the Mixed Use Developmentin October 2004 (Permit No.s: U-2004- 10, ASA-2005-03, and TM-2006-08).The approval allowed for 204 residential units and approximately 105,200square feet ofretail/commercial area along the N. Wolfe Road and Vallco Parkway frontages.Since approval of the project, the developer has reduced the retail space to 45,000 square feet with15,000 square feet of mezzanine space (revised in 2012).The development is currently under construction and is expected to be operational by September 2014. Existing Center and Surroundings The project site is located within the South Vallco Park Special Center, on the south-east corner of N.Wolfe Road and Vallco Parkway. To thewest of the site is Vallco Mall, Searsand Bay Club; future Main Street project to the east; Vallco Mall and office buildings to the north; and a residential mixed use development(Metropolitan)and an office complex to the south. The nearest single-family residential property is approximately 830feet away from the site. DISCUSSION: Application Request The applicant, Mark Sylva, is requestinga Use Permit to operate a bar within a mixed use development. The General Commercial (CG) Ordinance requiresthat the Planning Commission review and approve requests for restaurantswith separate barfacilities.The issues related to the separate bar facility generally include the availability of parking, proximity toresidential uses and security concerns. OperationalDetails Cupervinois a restaurant and wine bar that offers wine tasting, lunch and dinner options to customers. The proposed floor plan includes a private dining area and space for wine sales. The separate bar area is integrated within the restaurant.The applicantproposesto have56 table seats, 12 bar seats and a maximum of 5employees per shift. See attachment 3 for the business plan provided by the applicant. Parking The project wideparking supply was reviewed and approved by the City Council in October 2004. The44,126square foot shopping center is required to provide 177spaces(1 space per 250 square feet). A total of 475 retail parking spaces are available, resulting in a surplus of 274 spaces. The proposed restaurant requires 24 spaces based on the Parking Ordinance. (See Attachment 4–ParkingAnalysis) Interface withResidential Uses The new restaurant will be located on the ground floor commercial level of the mixed use building with residential apartments on the upper floors. The residential apartment tenants will be made aware of the commercial activities on the ground floor at the time when they sign U-2014-03 Cupervino Wine Bar July22, 2014 their leases. The restaurant will be required to install an odor abatement systemto minimize any potential odor. Additionally, the parking area for the residential apartments is separated from the commercialparking area to avoid any parking impacts or conflicts. The closest single- family residential propertyis located approximately 830 feet to the west. Given the reasons noted above, theproject is not anticipated to impact the residential units within the project nor the nearby single-family residential neighborhoods. Security The Santa Clara County Sheriff’s office has reviewed the project and does not foresee any security concerns or negative impacts to the surrounding neighborhood. A condition of approval has been added to require the property owner to address security concerns in the event that they arise and pay foradditional Sheriff’s enforcement timeif required. OTHER DEPARTMENT/AGENCY REVIEW The City’s Public Works Department, Building Division, the Santa Clara County Fire Department, the Cupertino Sanitary District, and CalWater reviewed the project and have no objections. Their pre-hearing comments/conditions have been incorporated as conditions of approval in the draft resolutions. ENVIRONMENTAL ASSESSMENT The use permit is categorically exempt from the California Environmental Quality Act (CEQA) per section 15301(Existing Facilities) of the CEQA Guidelinesbecause the proposed use occurs within an existing facility and minor alterations will be made within an urban, developed environment. PUBLIC NOTICING & OUTREACH The following table is a brief summary of the noticing done for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda Site Signage (14 days prior to the hearing) Legal ad placed in newspaper (at least 10 days prior to the hearing) Notices mailed to property owners adjacent to the project site (300 foot) (10 days prior to the hearing) Posted on the City's official notice bulletin board (one week prior to the hearing) Postedon the City of Cupertino’s Web site (one week prior to the hearing) PERMIT STREAMLINING ACT This project is subject to the Permit Streamlining Act (Government Code Section 65920 –65964). The City has complied with the deadlines found in the Permit Streamlining Act. Project Received: May 28, 2014 Deemed Incomplete:June 13, 2014 Deemed Complete:July 11, 2014 U-2014-03 Cupervino Wine Bar July22, 2014 Since this project is Categorically Exempt, the City has 60 days (until September 22, 2014) to makea decision on the project. ThePlanning Commission’s decision on this project is final unless appealed within 14 calendar days of the decision. CONCLUSION Staff recommends approval of the project since the project and conditions of approval address all concerns related to the proposed developmentand all of the findings for approval of the proposed project, consistent with Chapter 19.168 of the Cupertino Municipal Code, may be made. Prepared by: Kaitie Groeneweg, Assistant Planner Reviewed by:Approved by: /s/Gary Chao /s/Aarti Shrivastava Gary Chao Aarti Shrivastava Assistant Director of Community Development Assistant City Manager ATTACHMENTS: 1 –DraftResolution for U-2014-03 2 –Plan Set 3 –Business Description 4 –Parking Analysis U-2014-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMITTO ALLOW A WINE BAR AT A PROPOSED RESTAURANT LOCATED IN A MIXED USE DEVELOPMENT AT 19700 VALLCO PARKWAY SECTION I: PROJECT DESCRIPTION Application No.:U-2014-03 Applicant:Mark Sylva(Cupervino Wine Bar) Location:19700 Vallco Parkway SECTION II: FINDINGSFOR DEVELOPMENTPERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Development Permitas described in Section I.of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinanceof the City of Cupertino, and the Planning Commissionhas held at least one public hearing in regard to the application; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA); 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: 1.The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The proposed location of the restaurantislocated within the South Vallco Park Planning Area which encourages daytime and nighttime entertainment activities. Additionally, the closestsingle-family residential propertyis located approximately 830 feet from the proposed restaurant. To further mitigate impacts the applicant shall incorporate adequate measures into the operations to ensure that there is adequate buffering from residences including installation of an odor abatement system. Adequate security measures are incorporated into the proposed project. Therefore, the proposed use will not be detrimental to the public health, safety, and welfare. 2.The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. The proposed use complieswith the Cupertino General Planand Municipal Coderequirements,including but not limited to,parking regulations, hours of operationand security measures. Draft Resolution U-2014-03 July 22, 2014 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration ofthe maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolutionbeginning on PAGE 2 thereof: The application for a Use Permit, Application no. U-2014-03is herebyrecommended for approvaland 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-2014-03as set forth in the Minutes of Planning Commission Meeting of July 22, 2014, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT 1.APPROVED EXHIBITS Approval recommendation is based on the plan set received May 28, 2014 consisting of 3sheets, labeledPA.1,1, and 2entitled, “Cooper Vino Restaurant& Wine Bar, 19700 Vallco Parkway, Cupertino, CA 95014,” drawn by Eaton Hall Architecture; except as may be amended by conditions in this resolution. 2.ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3.EXPIRATION If the use for which this conditional use permit is granted and utilized has ceased or has been suspended for twoyear or more, this permit shall be deemed expired and a new use permit application must be applied for and obtained. 4.OPERATIONS a.The restaurantshall be operated withinthe area delineated on the site plan exhibit. b.The numberof barseats shall be limited to 12 seats. c.Exterior doors shall be kept closed at all times. 5.MODIFICATION OF RESTURANT OPERATIONS The Director of Community Development is empowered to makeor allowadjustments to the operation of the restaurantto address any documented problem or nuisance situation that may occuror changes proposed by the restaurant operator that are determined to be minor. 6.REVOCATION OF USE PERMIT The Director may initiate proceedings for revocation of the Use Permit in any case where, in the judgment of the Director: a.Substantial evidence indicates that the conditions of the conditional use permit have not been implemented, or Draft Resolution U-2014-03 July 22, 2014 b.Complaints are received related to the tentant under this use permit, and the complaints are not immediately addressed by the property management and/or the tenant, or c.Where the permit is being conducted in a manner detrimental to the public health, safety, and welfare, in accord with the requirements of the municipal code. 7.LAW ENFORMENT SUPPORT The property owner shall address security concerns in the event that they arise to the satisfaction of the City. The property owner shall pay for any additional Sheriff enforcement time resulting from documented incidents in the development at the City’s contracted hourly rate with the Sheriff Department at the time of the incident. The City reserves the right to require additional security patrols and/or other measures as prescribed by the Sheriff’s Office or Code Enforcement. 8.BUSINESS LICENSE The business ownershall obtain a City of Cupertino business licenseprior to building permit issuance. 9.STOREFRONT WINDOWDETAILS The storefront windows shall be kept open and transparent to the greatest extent possible. The final floor plan, storefront design and window display shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 10.SIGNAGE Signage is not approved withthis use permit application. Signage shall conform to the City Sign Code. 11.RESTAURANT ODOR ABATEMENT Applicant shall installanodor abatement system to reduce odor impacts from the restaurant to the adjacent community. The odor abatement system shall be installed prior to final occupancy. Detailed plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 12.MECHANICAL AND OTHER EQUIPMENT SCREENING To the extent possible, unless demonstrated otherwise, to the satisfaction of the Director of Community Development, all mechanical and other equipment shall be placed in areas not visible from the public street areas. In the event that it is not possible to locate such equipment away from the public street areas, all mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the heightof the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. Draft Resolution U-2014-03 July 22, 2014 13.ANNOTATION OF THE CONDITIONS OFAPPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 14.CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regardto the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 15.INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in defense of the litigation.The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 16.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 ofthe requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS 1.TRASH, RECYCLING AND COMPOST RECEPTACLES The developer or business owner is required to install public bins (~30 gal) side-by-side for trash, recycling and composting, adjacent to the development or business to control pedestrian litter at the site.The type and location of the receptacles are subject to the approval of the Environmental Programs Manager. (CMC 9.18.210 P) 2.TRASH, RECYCLING AND COMPOST ENCLOSURES Trash enclosure plans must be designed in accordance with the City’s “Public Works Guidelines for Non-Residential Building Trash & Recycling Enclosures” posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs Manager. Modifications to existing facilities shall, to the maximum extent practicable, meet the Public Works Guidelines and shall be subject to the approval of the Public Works Director. Clearance by the Public Works Department is required prior to obtaining a building permit. (CMC 9.18.210 H & K) Draft Resolution U-2014-03 July 22, 2014 SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DISTRICT 1.FIRE DEPARTMENT REVIEW Prior to preforming any work the applicant shall make application to, and receive from, the Building Department all applicable constructionpermits. 2.FIRE SPRINKLERS REQUIRED The new structure shallbe equipped with a fire sprinkler system. 3.COMMERCIAL HOOD & DUST EXTINGUISHING SYSTEM A commercial hood/dust extinguishing system shallbe installed per CFC 904.11.A commercial hood must be installed per CFC Sec. 609, and if a commercial oil tank storage system is to be installed, it must comply with CFC Sec. 610. SECTION V: CEQA REVIEW The project was determined to be categorically exempt in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seqper Section 15301 (Existing Facilities) of the CEQA Guidelines because it relates to interior improvements to an existing facility in a development, urban environment. PASSED AND ADOPTED this 22ndday ofJuly,2014,Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: Gary Chao Paul Brophy,Chair Assist. Director of Community Development Planning Commission Winedown, Inc.is a wine bar, dining and retail business incorporatedin California in 2013. The 2200 square foot business venue, operated under the name of CooperVino, will be located at the “nineteen800”Cupertinoproject, and will provide its customers a comfortable chic gathering place. The menu consisting of 20 wines-by-the glass and 2 beers on tap, “compare and contrast” wine flights for those that want to learn the nuances of varietals from different regions, and 20 gourmet “small plates”that compliment the wines. Average wine by the glass price will be $13; average “small plates” will be $12. Our overall mission is to provide an enjoyable experience for every single guest.Both formal and informal wine education and food pairingopportunities will be offeredin a gracious and entertaining way. The venue will provide diners with 4 seating options: a room with a community table for groups of up to 14 people and which may also be used for special events and classes; an indoor dining area with 42 seats; an outdoor patio with and estimated 14 seats (pending the City of Cupertino’s review and approval); and a stand alone bar with 12 seats. We have done considerable research of wine bars through out the Bay Area and have determined that in a casual gathering place such as CooperVinobothsinglediners and male guests who dine with a male colleague feel more comfortable sitting in a group setting with a dedicated serverrather than at a private table.So that we may accommodateandbe inclusive to all types of diners our business model calls for a stand alone bar. In addition to the dining areas CooperVino will also have a small retail area offering wine related merchandise and bottles of wine for purchase for off-premise consumption. CooperVino is unique venue for Cupertino and compliments the retail and other dining options that will make “nineteen800” a fun place to visit. Number of Employees per shift: 5 Hours of Operation: Monday though Thursday: 11am to 9 or 10 pm(lunch and dinner) Friday/Saturday: 11am to 11pm(lunch and dinner) Sunday: 1100am to 8pm(brunch and dinner)