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PC 02-24-2015 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,CA 95014 CITY OF CUPERTINO PLANNING COMMISSION MEETING APPROVED/MENDED MINUTES 6:45 P.M. FEBRUARY 24,2015 TUESDAY CUPERTINO COMMUNITY HALL The regular Planning Commission meeting of February 24, 2015 was called to order at 6:45 p.m. in the Cupertino Community Hall, 10350 Torre Avenue, Cupertino, CA. by Chairperson Winnie Lee. SALUTE TO THE FLAG ROLL CALL Commissioners Present: Chairperson: Winnie Lee Commissioner: Geoff Paulsen Commissioner: Margaret Gong Commissioner: Don Sun Commissioners Absent: Vice Chairperson: Alan Takahashi Staff Present: Asst.Dir. Community Development: Gary Chao Assistant Planner: Gian Paolo Martire Asst. City Attorney: Colleen Winchester APPROVAL OF MINUTES: 1. Draft Minutes of the January 27,2015 Planning Commission Meeting: MOTION: Motion by Com. Gong,second by Com. Sun, and carried 3-0-2,Vice Chair Takahashi absent; Com.Paulsen abstained (not yet seated as commissioner)to approve the January 27,2015 minutes as presented. 2. Draft Minutes of the February 10,2015 Planning Commission Meeting: The following corrections were noted: • Page 1,first motion to elect Chairperson: ...Delete "Paulsen"and replace with "Takahashi" • Page 1,Roll Call: Correct spelling of Com.Paulsen. • Page10,second last bullet(Chair Lee):Delete "two ways,."and replace with "a orae-way road" • Page 11, Chair Lee (second bullet): Delete: "one way because it is confusing to drivers" replace with"a one-way road because she felt a two-way road was confusing': • Page 11,third bullet: Delete"Com.Paulsen:"and replace with "Vice Chair Takahashi:" • Page 12,three bullets from top of page: reference to Com.Paulsen, change "she"in two places to "he" Cupertino Planning Commission 2 February 24, 2015 MOTION: Motion by Com. Gong, second by Com. Sun,and carried 4-0-1,Vice Chair Takahashi absent; to approve the February 10,2015 minutes as amended. WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: None CONSENT CALENDAR: None PUBLIC HEARING 3. M-2014-01 Modification of a Use Permit(U-1988-11)to extend operating Julio Espinoza(Smoke hours past 11 p.m. and to allow a separate bar at an existing Eaters Restaurant) restaurant. Postponed from the January 27, 2015 Planning 10650 So.DeAnza Blvd. Commission meeting. Planning Commission decision final . unless appealed. Gian Paolo Martire,Assistant Planner,presented the staff report: • Reviewed the application for a modification of a Use Permit to extend the operating hours past 11 p.m. and allow a separate bar at the existing restaurant, as outlined in the attached staff report. The application was continued from the January 27`h meeting at the applicant's request in order to clarify the Public Works Environmental Services Division's requirements regarding trash enclosures and waste disposal upgrades. Staff has met with the applicant and their representatives to discuss the issue and applicant has chosen to move forward with the application in the scheduled public hearing. • He reviewed the project site, operational details,parking, security, and environmental assessment. • Staff recommends approval of the modification of the Use Permit for the separate bar and extension of the hours of operation per the model resolution. • Staff answered commissioners' questions about the application. He said he and the applicant reached out to the neighbors who has expressed concern about the application;but did not receive any response from the residents. Julio Espinosa,Architect representing Smoke Eaters Restaurant,and Michael Borneo: • Said they corresponded by e-mail with concerned residents but they received no further responses about the concerns expressed previously. Michael Borneo said they have operated restaurants since 1995 in Santa Clara and have been successful for many years in operating an establishment with an outdoor patio in a location across from Santa Clara University and since relocated. Their motto is a restaurant that serves alcohol,not a bar that serves food. They were the first restaurant in Santa Clara to have an outdoor patio and operated there for several years. He addressed the questions relative to hours of operation and security. He also discussed the restaurants close ties to the community. Chair Lee opened the public hearing; as there was no one who wished to speak, the public hearing was closed. Com. Sun: • Said he supported the proposed application. In the past they have gone through applications for bars and their operating hours; some he supported and some he did not. Said he supported the current Cupertino Planning Commission 3 February 24, 2015 application; the safety issue he was concerned about has been addressed; the sheriff concurs that the area is safe. The neighbors were encouraged to voice their concerns relative to the noise and no one has attended the meeting,which would indicate they had no concerns. • Said he visited the site and there is single family housing to the east and another building between which blocks off noise, hence noise is not an issue. He said he was not concerned that the establishment would attract undesirable customers, and thanked the applicant for their efforts in making sure the establishment would be a good fit for the community. Com.Paulsen: • Said he supported the application; Cupertino is very quiet at night and he would encourage places to attract the younger population with some entertainment, especially with Apple headquarters and Vallco in the area.He said they have done a good job in reaching out to the community and providing an attractive environment to bring a younger crowd into Cupertino in the later hours. Com. Gong: • Said she supported the application; however questioned if it was good business practice to stay open to 1 a.m. on Sunday through Thursday nights; but felt it would show if there was no reason to stay open that late. She noted that the Elephant Bar which is across from the theater, closes at 11 p.m. which might factor into their decision to stay open later or not. Said she agreed with fellow commissioners that there wasn't a lot that would affect the residents' quality of life. Chairperson Lee: • Said she agreed with the other commissioners that the most popular movie time is 8 p.m. and after the movie people usually seek a place to socialize and dine. Ten years ago there were none; the proposed application would fill the need. When considering extending the operating hours past 11 p.m. they would look at adjacent uses and since adjacent uses are commercial and office, she said she felt it was not incompatible. • Said she supported the application. MOTION: Motion by Com. Gong, second by Com.Paulsen,and unanimously carried 4-0-1, Vice Chair Takahashi absent, to approve Application M-2014-01 as written. Planning Commission decision final unless appealed. OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION Environmental Review Committee: No meeting. Housing Commission: Meeting scheduled for later in week. Mayor's Monthly Meeting With Commissioners: Meeting scheduled for March 4,2015. Economic Development Committee: • Com. Paulsen said items included updates on Main Street; parklets which benefit businesses with a parking space in front of the business for outdoor dining. Cupertino Planning Commission 4 February 24, 2015 REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: • Written report submitted. ADJOURNMENT: • The meeting was adjourned to the March 10,2015 Planning Commission meeting at 6:45 p.m. Respectfully Submitted: Elizabeth1' ,Recording Secretary Approved as amended: April 14,2015