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PC 07-22-2014 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION MEETING APPROVED MINUTES 6:45 P.M. JULY 225 2014 TUESDAY CUPERTINO COMMUNITY HALL The regular Planning Conunission meeting of July 22, 2014 was called to order at 6:45 p.m. in the Cupertino Community Hall, 10350 Torre Avenue, C-upertino, CA. by Chair Paul Brophy. SALUTE TO THE FLAG ROLL CALL Commissioners Present: Chairperson: Paul Brophy Vice Chairperson: `JVinnie Lee Commissioner: 14'argaret Gong Commissioner: Don Sun Commissioners Absent: Alan Takahashi Staff Present: Asst. Dir. Community Development: Gary Chao Assistant Planner: Kaitie Groeneweg Asst. City Attorney: Colleen Winchester APPROVAL OF MINUTES: None WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: None CONSENT CALENDAR: None PUBLIC HEARING: 1. U-2014-03 Use Permit for a proposed wine bar and restaurant located in the 19800 Mark Sylva Mixed Use Development(Ton-nerly Rosebowl) Planning Commission (Coopervino decision final unless appealed. Wine Bar) 19700 Vallco Parkway Kaitie Groeneweg,Assistant Planner,presented the staff report: • Reviewed application for a Use Permit for a wine bar at a proposed restaurant located in a mixed use development. City Council approved the mixed use development in October 2004 with a use permit i Cupertino Planning Commission 2 July 22, 2014 and tentative map application;the development consists of 204 residential units and 45,000 square feet of commercial retail space, and is expected to be operational and construction completed by September 2014. • Referred to the Power Point presentation, and reviewed the project site, operational details, proximity to residential use,project components,parking, security, and environmental assessment. • The restaurant will offer lunch, dinner, and wine tasting options for patrons. It consists of a retail wine sales area,private dining area and separate bar area. • The Santa Clara County Sheriff's office supports the project and does not anticipate any negative impacts. Staff supports approval of the Use Permit for a separate bar per the draft resolution. Staff answered Commissioners' questions regarding the application. Com. Sun: • Expressed concern about potential safety issues in the neighborhood and noise from the entertainment- and people drinking. He asked how the applicant would reach out to the community about complaints and concerns. Gary Chao: • Said the property owner will hire an onsite management company to be onsite the entire time of business operations, and there will be security on call to respond to issues and complaints. There will be conditions set forth, and by default the city can call a review of a use permit if problems arise; the applicant can respond and then the Planning Commission and city have the ability to call the use permit back for review and potential modification of any conditions or terms or restrictions. Notices were sent out to residents, property owners and metropolitan people and no feedback has been received. There is also a condition that states if there is enforcement required from the Sheriff's office, the applicant will help supplement the cost for the sheriff to respond to the calls. There are multiple layers of control and restriction in place. Com. Sun: • Said the hours were reasonable and comparable with the bar nearby; however he was concerned about the bar opening before the residents moved in and them not being able to evaluate any potential negative impacts to the community. He said he would like the applicant to later address how they can address any negative impacts on the community, especially the noise. Gary Chao: • Said the applicant addressed part of that question in terms of timing; they still have to go through the tenant approval process; their signs have not yet been approved, and they are far from physically moving in; some of the residential tenants will start moving in next month. There is an odor abatement. system already installed; as part of the design of the retail space, it is insulated to meet city's noise ordinance, they are subject to the city's commercial noise standards and if it becomes an issue, the management company is on hand as well as the city's code enforcement. He clarified that there are additional measures for noise and odor as well. Kevin Krewell, Co-owner,Coopervino Wine Bar: • Provided a background of the establishment ownership and the application. Coopervino is a restaurant and wine bar that will offer wine tasting, lunch and dinner, as well as special events and beer and wine sales. The facility will not have live music, other than the occasional guitar player for special events. Opening for the restaurant/wine bar is anticipated for November or December of 2014. Michelle Snark, Co-Owner of Wine Down Inc. doing business as Coopervino: • Stated that the employees would be involved in training to learn about correct bar service; the Cupertino Planning Commission 3 July 22, 2014 occasional entertainment will not be amplified music and a manager will be on duty at all times. The restaurant/bar is leasing space,hours of operation and noise level are part of the lease agreement. Shelly Sheehan,KCR Development: • Said she represents the owner who is the landlord; Coopervino is a commercial tenant; there will be commercial as well as residential tenants. The lease is crafted so that each entity whether commercial or residential as.well as landlord, has to uphold -the conditions set forth. As explained some of the lease provisions make sure the business does not disturb the residents; the landlord has the responsibility to lease only to responsible residents and to tenants that are going to abide by the rules and regulations and be an asset to the community-. The residential tenants will sign an agreement that they understand the first floor tenants will be a variety of commercial and retail uses. Gary Chao: • Said that a condition could be added that there shall be no amplified music, or will be subject to additional city review if proposed. Mark Sylva,Applicant: • Addressed the concern about the use of amplified music on the premises. He said the lease specifically forbids the use of amplified music on the premises. Said that he and the architect are sensitive to sound impacts and disturbing tenants above the restaurant premises; and will be investing heavily in insulating the ceiling of the unit from disturbing neighboring units; the interior walls have their own insulation. The goal is to have a very high end low key wine bar for the enjoyment of the patrons. It will not be a rowdy atmosphere pub. Chair Brophy opened the public hearing. Jennifer Griffin,Rancho Rinconada resident: • Said she has been involved with the Rosebowl and Main Street projects for many years. There have been many residents in the eastern neighborhood who have spent a great deal of time and effort to make sure the Rosebowl and Main Street projects are high quality projects for the neighborhoods, that they will attract many people to Cupertino. • She said she was pleased with many of the items; liked the fact that there is security on site; appropriate operating hours; and there was a special events room. The Rosebowl project is going to be a high class establishment in Cupertino and therefore the expectation is,anything that goes in retail wise is going to be of high caliber. She asked questions about the operations of the establishment. She wished the project success. Michelle Snark, Co-owner, Coopervino Wire Bar: • Said the plan is to card anyone who looks under 30 years old. They are applying for a liquor license 41 which is a restaurant license that does allow fan.lihes, as it is considered a restaurant, not a tavern. There is a large dining room also available for parties, or private dinners. Chair Brophy closed the public hearing. Com. Gong: • Said she supported the project. With the potential influx of new residence demographics with a new project con-ning on line in a couple of years, it creates a community area to attract pseudo-urban type of residents; in general it is nice to have an establishment or several establishments on a more.intimate basis with extended hours. i Cupertino Planning Commission 4 July 22, 2014 Vice Chair Lee: • Said she supported the application. Com. Sun: • Said he supported the application and wished them a successful grand opening before Christmas. He said he was expressing concerns because there were no tenants occupying the premises yet and there was a lack of information available. The developer is looking for a Santana Row lifestyle in the area and they are attracting tenants. There will be no amplified music in the wine bar area, and based on his understanding he felt it would be a successful high end wine bar. Chair Brophy: • Concurred with colleagues. Motion: Motion by Vice Chair Lee, second by Com. Gong, and unanimously carried 4-0-0 to approve application No.U-2004-03 per the model resolution(Com. Takahashi absent) Planning Commission decision final unless appealed to City Council within two weeks. OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION Environmental Review Committee: No meeting. Housing Commission: No meeting. Mayor's Monthly Meetin¢With Commissioners: Vice Chair Lee will report at next meeting. Economic Development Committee: No meeting. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: • Written report submitted. ADJOURNMENT: - • The meeting was adjourned to the August 12, 2014 Planning Commission meeting at 6:45 p.m. Respectfully Submitted: __✓ '.� .� � � `�"' � Elizabeth E,h.- �,,Recording Secretary Approved as presented: August 26, 2014