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PC Summary 07-22-2014 City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3308 C U P E RT 1 N O FAX (408) 777-3333 Community Development Department To: Mayor and City Council Members From: Aarti Shrivastava, Assistant City Manager Date: July 23, 2014 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE July 22,2014 Chapter 19.32 of the Cupertino Municipal code provides for appeal of decisions made by the Planning Commission 1. A�plication U-2014-03, Mark Sylva (Cupertino Property Development II, LLC), 19700 Vallco Parkway Use Permit for a proposed wine bar and restaurant located in the 19800 Mixed Use Development (formerly Rosebowl) Action T'he Planning Commission approved the applications on a 4-0-1 (Takahashi absent) vote. Enclosures: Planning Commission Report July 22, 2014 Planning Commission Resolution(s) 6751 Plan Set g:planning/Post Hearing/surnmary to cc072214 DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE •CUPERTINO,CA 95014-3255 (4(lRl 777-.'�:�(1R • FAX(4(1Rl 777-.'�:�.�.� CUPERTIN� PLANNING COMMISSION STAFF REPORT Agenda Item No. � Agenda Date:july 22, 2014 Applications: U-2014-03 Applicant: Mark Sylva (Cupervino Wine 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 Commission approve the Use Permit (U-2014-03) in accordance with the draft resolution. PROJECT DATA: General Plan Designation: Commercial/Residential Zoning Designation: P(CG, OP, Res) Conce tual Plan: South Vallco Park Plannin Area Commercial Buildin Area: 44,126 s uare feet Restaurant Area: 2,203 s uare feet(.05%) Number of Employees: 5 Parkin Spaces Re uired: 24 Available: 24 Hours of O eration: Monda -Thursda 11am-10 m Frida -Saturda 11am-11 m Sunda 10:30am-8 m Project Consistency with: General Plan: Yes Zonin : Yes Environmental Assessment: Cate oricall Exem t U-2014-03 Cupervino Wine Bar July 22,2014 BACKGROUND: Previous City Approvals The City Council approved the Mixed Use Development in October 2004 (Permit No.s: U-2004- 10, ASA-2005-03, and TM-2006-08). The approval allowed for 204 residential units and approximately 105,200 square feet of retail/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 with 15,000 square feet of inezzanine 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 the west of the site is Vallco Mall, Sears and 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 830 feet away from the site. DISCUSSION: Application Request The applicant, Mark Sylva, is requesting a Use Permit to operate a bar within a mixed use development. The General Commercial (CG) Ordinance requires that the Planning Commission review and approve requests for restaurants with separate bar facilities. The issues related to the separate bar facility generally include the availability of parking, proximity to residential uses and security concerns. Operational Details Cupervino is 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 applicant proposes to have 56 table seats, 12 bar seats and a maximum of 5 employees per shift. See attachment 3 for the business plan provided by the applicant. Parking The project wide parking supply was reviewed and approved by the City Council in October 2004. The 44,126 square foot shopping center is required to provide one parking space per 250 square feet of retail use, resulting in 177 required spaces. Restaurants are required to provide 1 parking space per four seats and any area with a separate bar is required to provide one parking space per three seats plus one parking space per employee. Based upon these ratios, the total required parking is 201 spaces for the center including the restaurant bar proposal and assuming that the rest of the project will be occupied by non-food uses. Since the project was originally approved with 105,200 square foot of retail space, the required parking supply was 475 retail spaces. When the square footage of the retail space was reduced, U-2014-03 Cupervino Wine Bar July 22,2014 the developer did not reduce the amount of parking spaces provided with the project, resulting in a surplus of 274 spaces being provided. (See Attachment 4—Parking Analysis) Proximity to Residential Use The new restaurant will be located in the South Vallco Park Planning Area which is envisioned to serve as a gathering place that supports the creation of a Main Street style environment with a downtown feel. The vision for the area and project site encourages regional commercial offices and an entertainment center with daytime and nighttime entertainment activities, with supportive residential development. The closest single-family residential property is located approximately 830 feet to the west. The residential portion of the project has separate pedestrian entrances from the retail portion of the project and the applicant has adequate measures incorporated into the operations to ensure that there is adequate buffering from the residences including installation of an odor abatement system. Additionally, the parking for the residential portion of the project is separated from the retail portion of the project keeping the patrons separate from the residents. Therefore, the project 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 concems 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 for additional Sheriff's enforcement time if required. OTHER DEPARTMENT/AGENCY REVIEW The City's Public Works Department, Building Division, the Santa Clara County Fire Department, the Cupertino Sanitary District, and Cal Water 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 Guidelines because the proposed use occurs within an existing facility and minor alterations will be made within an urban, developed environment. U-2014-03 Cupervino Wine Bar July 22,2014 PUBLIC NOTICING &OUTREACH The following table is a brief summary of the noticing done for this project: Natic�' of Public' Hearing; Site N'ot�ce & :Agens�a Le a1 Ad ■ Site Signage (14 days prior to the hearing) ■ Posted on the City's official notice bulletin ■ Legal ad placed in newspaper board (one week prior to the hearing) ■ (at least 10 days prior to the hearing) ■ Posted on the City of Cupertino's Web site ■ Notices mailed to property owners (one week prior to the hearing) adjacent to the project site (300 foot) ■ (10 da s rior to the hearin ) 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 Since this project is Categorically Exempt, the City has 60 days (until September 22, 2014) to make a decision on the project. The Planning Commissiori 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 development and 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 —Draft Resolution 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 RESOLUTION NO. 6751 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO 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 (Cooper Vino Wine Bar) Location: 19700 Vallco Parkway SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Development 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 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 restaurant is located within the South Vallco Park Planning Area which encourages daytime and nighttime entertainment activities. Additionally, the closest single family residential property is 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 complies with the Cupertino General Plan and Municipal Code requirements, including but not limited to, parking regulations, hours of operation and security measures. Resolution No.6751 U-2014-03 July 22,2014 NOW,THEREFORE, BE IT RESOLVED: That after careful consideration of the 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: T'he application for a Use Permit, Application no. U-2014-03 is hereby recommended for approval 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-2014-03 as 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 3 sheets, labeled PA.1, 1, and 2 entitled, "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 two year or more, this permit shall be deemed expired and a new use permit application must be applied for and obtained. 4. OPERATIONS a. The restaurant shall be operated within the area delineated on the site plan exhibit. b. The number of bar seats 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 make or allow adjustments to the operation of the restaurant to address any documented problem or nuisance situation that may occur or 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 Resolution No.6751 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 owner shall obtain a City of Cupertino business license prior to building permit issuance. 9. STOREFRONT WINDOW DETAILS 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 with this use permit application. Signage shall conform to the City Sign Code. 11. RESTAURANT ODOR ABATEMENT Applicant shall install an odor 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 height of the mechanical equipment that it is designed to screen. T`he location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. Resolution No.6751 U-2014-03 July 22,2014 13. ANNOTATION OF THE CONDITIONS OF APPROVAL 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 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. 15. INDEMNIFICAT'ION 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 of the 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 perxnit. (CMC 9.18.210 H &K) Resolution No.6751 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 construction permits. 2. FIRE SPRINKLERS REQUIRED The new structure shall be equipped with a fire sprinkler system. 3. COMMERCIAL HOOD &DUST EXTINGUISHING SYSTEM A commercial hood/dust extinguishing system shall be 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 seq per 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 22nd day of July, 2014, Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Gong, Sun NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Takahashi ATTEST: APPROVED: /s/Garv Chao /s/I'aul Bro�hy Gary Chao Paul Brophy, Chair Assist. Director of Community Development Planning Commission J . . ..... ., . ...... .. ... s �' I I 19700 VALLCO PARK;WAY GUPERTINO, CA, 95014 ; 9 - ��:�::� :. . (����1�f'�3 ;: USE PEF�MIT APPLICATION 05/28/2014 � , , t , � � . �'�'��� _ � � � � L%� -.•..,� ' =r;r: i :; R �; �� +� . y I .«... r . ..- .... 'i.--..i ... . . � � ...P.4, ..�.. ... . . ! � _ . . . E , x� __ _ _ ------ ,� � �� , � � �� . � '� '. �.. OFFICE/ \� STORAGE M I tl v / P`.c1 p. v� il ,._�_ ., �. . - � � � �- � � �.. yj �. . ... .KI�CIIEN _ .. d ti . ...� ��_ ...� '. _ . 6�. �I ' . . �.. DINING ' ..� 7 ROOM f ' . l. ..1 ��`!�� �j �..,,—. F_., ,_.,, � ,, I � „ w�� � ' � . r.sn�c , .�e�n - �� �`y—��—�'—� �' ....? � #. n r . � _ .i.Tr`: .. �: � � . �. � ...,\.. � l� .__.. PRIVATE pNING � L � [, l� RETNIISVES � �i _—\\ _ ,. �.. ._.. ,, ...� . � PROPOSED TI FLOOR PLAN 2 1/8'=1'-0' � � � � J � 2 � � Z I I VALLCO PARKWAY RESTAURANT /LOCAl10N Q a ❑ � n � ❑ � o i ���=��-=+�-P�a����° L.'�11'�II _ __ i ' J` ,_ 1990 ` 19700 ._ 19600 �i ° 'o� I ` I ` ' ' LI � il ----- ` i y I g I ° : 0 � � � �I Zpp I ' , .. � �.. . . . � � . . . � . . . I� .f01 i 0 `` � I 'Y �. �y I i ° � » I .. � . . _ _ . . .. .' .' ' ' ' ' ' I� � p 8 I , I . . . ..._.._ _............ � � 1 � — I �� . r . . r �� ° I . � � " . . jIII r * � � y-•''Q � I �--- �- s�--- ���--- --r — �--- --��------�I O p r , g �-_4__9 . ' �_-_��. � _ _�-4--�� + �_C• �._� .. -_� .V_. .tT-� t _ _... _.�_�, �_...... IIII II .� , —_ _,_ .... ..____________________ ______________————___—___—___—— �� ——_—______———___ —J ,�, __ ,_ a , � � . . ; , , 0 � � _ _� 0 � �, � 0 0 �1._,�. � 413 GROUND LEVEL SPACES 475 SPACES TOTAL PROJECT SITE PLAN ,� NTS HoPZN � ,m 2013 Eeton Hell ArdaBech�re,Inc. I I I GENERAL INFORMATION SCOPE OF WORK�. 2.100 SF RESTAURANT TENANT IMPROVEMENT. . RESTAURANT WILL HAVE A 8 SEAT WINE BAR,40 . DINING SEATS AND 389 SF OF RETAIL SPACE CURRENT OCCUPANCY: M /A-2 � ' �� - ��� JURISDICTION: TOWN/CITY OF CUPERTINO TYPE OF CONSTRUCTION: III /V-B EATON HALL ARCHITECTURE SPRINKLERS: YES BUILDING AREA: 44,125 SF TENANT IMPROVEMENT AREA 2,100 SF ZONING: PD - MIXED USE COMMERCIAL / RESIDENTIAL PARKING. SEE ATTACHED PARKING MATRIX 15.67 REO'D FOR UNIT 300 187 70TAL SPACES REO'D FOR CENTER 475 SPACES PROViDEO PROJECT DIRECTORY OWNER CUPERTINO PROPERTY DEVELOPMENT, LLC 19620 STEVENS CREEK BLVD CUPERTINO, CA 95014 SHELLY SHEEHAN T: (408) 863-7333 e ssheehan�KCRdeveiopment.com TE�4NT COOPER VINO WINE BAR 19800 VALLCO PARKWAY, STE. CUPERTINO, CA 95014 MARK SILVA T: (415) 307-6446 e m.sylva�comcast net ARCHITECT: EATON HALL ARCHITECTURE 115� MERIDIAN AVE STE., 208 SAN JOSE, CA 95125-4331 CHRIS HALL, AIA T: (408) Z65-5255 F: (408) 265-6155 e: chris�ehastudio.com VICINITY MAP �.�.`'"�„-'-��� , �� ��� � � �V�� �X i<c.�- `_'1��_ 1155 Meridian Avenue,Suite 208 San Jose,CA 95125 TEL 408.265.5255 FAX 408.265.6155 � Z Q�+ I.L � Q � � QM W W Z � z > W O 0 d � 0 0 c� w � � � Q� �� a°' aU Q? > �� J � �� �Q rU �� c O a U � 0 z ¢ Pro�ect Number: 3.593 Date MAY,28,2014 Drawn by. TY Sheet Title: PROJECT DATA PA. 1 ... .. v.. .c�..-.K.,w..�..r . .Y` _• ..... ,< .-. . . .._ � � � r ' S i' � ; a -� � �. uw����:; D��. �� i js` � , .. �. o. ,� . ..� ; � � � 1 i ,� � ' . c � . � . ' • �'ai��I� t _ ,_ . . . . . ,��.M.. ..R",�w . . , ._.._ C='—�'� '� . - , . ....., .... �f., P � s, ��..-- _ ._ :�, .,.._. .;. �;t....r,,.....�_ _ . _. �C�CJPER Vi NU WI N E BAR QVERALL SITE F'LAN 19700 VALC4 PARKINAY, SUITE 30a CUPERTiN4, CA VALLCO PARKWAY ��A�� PROJECT SITE PLAN NTS � � � � �''l";''�D�`�''�3 s . � CC.�C�PER VINC� WINE BAR FLt�C)R PLAh� 19700 VALCO PARKWAY, SUITE 300 CUPERTINO, CA _ . � :. �-a�-�� � _ .._:.... _ __ _ _ . � . � _ . _4::,, � .,.._._. .,.. ! ,- . r .,. . - ,. . . P � A � � �� � jI�.> Mr.'....��.+�r-�.�!dc'__._w..��G�`�-,� _.� . .....yjfl�.�. ..w -/'� /A-�!'1�� I . ••�� •�,� .a-,�c .an<<-,oa Z ' Q J � � O O � � � � w � O � O � � 0 � � , �