PC Packet 07-28-2015CITY OF CUPERTINO
AGENDA
Tuesday, July 28, 2015
10350 Torre Avenue, Council Chamber
PLANNING COMMISSION
6:45 PM
SALUTE TO THE FLAG
ROLL CALL
APPROVAL OF MINUTES
None
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
1.Subject: new wine bar with live entertainment and late night hours at Main Street
Cupertino
Page 1 CITY OF CUPERTINO
July 28, 2015Planning Commission AGENDA
Recommended Action: approve the applications per the draft resolutions
Description:
Application No(s).: U-2015-03, ASA-2015-16
Applicant(s): Amad Mohazab (Rootstock Restaurant)
Location: 19389 Stevens Creek Blvd APN# 316-20-112
Use Permit for a full service bar with live entertainment and late hours of operation
(Rootstock Wine Bar);
Architectural and Site approval to allow enhancements to the exterior patio for the
existing building (Pad 3) at the Main Street Cupertino project
Planning Commission decision final unless appealed
Staff Report
1 - Draft Resolution for U-2015-03
2 - Draft Resolution for ASA-2015-16
3 - Plan Set
4 - Business Description with Menu
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
None
ADJOURNMENT
Page 2 CITY OF CUPERTINO
July 28, 2015Planning 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. In the event an action taken by the planning Commission is
deemed objectionable, the matter may be officially appealed to the City Council in
writing within fourteen (14) days of the date of the Commission’s decision. Said appeal
is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next Planning Commission meeting who is visually or hearing impaired or
has any disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the meeting to arrange for assistance. Upon
request, in advance, by a person with a disability, Planning Commission meeting
agendas and writings distributed for the meeting that are public records will be made
available in the appropriate alternative format. Also upon request, in advance, an
assistive listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Planning Commission after
publication of the packet will be made available for public inspection in the Community
Development Department located at City Hall, 10300 Torre Avenue, during normal
business hours and in Planning packet archives linked from the agenda/minutes page
on the Cupertino web site.
Members of the public are entitled to address the Planning Commission concerning any
item that is described in the notice or agenda for this meeting, before or during
consideration of that item. If you wish to address the Planning Commission on any issue
that is on this agenda, please complete a speaker request card located in front of the
Commission, and deliver it to the City Staff prior to discussion of the item. When you
are called, proceed to the podium and the Chair will recognize you. If you wish to
address the Planning Commission on any other item not on the agenda, you may do so
by during the public comment portion of the meeting following the same procedure
described above. Please limit your comments to three (3) minutes or less. 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.
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 28, 2015
Applications:U-2015-03, ASA-2015-16
Applicant:Lexi Moriarty (Rootstock Wine Bar)
Owner:Main Street Cupertino Aggregator LLC
Location:19389 Stevens Creek Boulevard
APPLICATION SUMMARY:
1.Use Permit(U-2015-03) for afull servicebarwith live entertainment and late hours of
operation(RootstockWine Bar).
2.Architectural and Site Approval (ASA-2015-16) to allow enhancements to the exterior patio
for the existing building (Pad 3) within the Main Street Cupertino project.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the UsePermit (U-2015-03) and
Architectural and Site Approval (ASA-2015-16) in accordance with the draft resolutions.
PROJECT DATA:
General Plan Designation:Commercial/Office/Residential
Zoning Designation:P(CG, OP, ML, Res)
Specific Plan:Heart of the City Specific Plan
Number of Seats:
Indoor Dinning:56
Separate Bar:19
Exterior Patio:41
Hours of Operation:Allowed Proposed
Weekly 7:00 a.m. –11:00 p.m. 8:00a.m. –2:00a.m.
Parking:Consistent with the Main Street shared parking plan
Project Consistency with:
General Plan:Yes
Zoning:Yes
Environmental Assessment:Categorical Exemption
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
U-2015-03 & ASA-2015-16 Rootstock Wine Bar July 28, 2015
BACKGROUND:
Pervious City Approvals
On September 4, 2012 City Council approvedthe Main Street Cupertino mixed use project
consisting of 130,500 square feet of retail, a 180-room hotel, a five-level parking garage with two
levels of underground parking, 260,000 square feet of office, a 120-unit market-rate live/work
rental loft residential development with a 9,146 square foot retail condominium unitand shared
parking plan.
The project incorporates twelve separate commercial/retail buildings labeled as Pad 1-3, Shops
1-8, Major Retail, and Flex 1-2. Shop 5, the subject property,was previously reviewed and
approved through the master permits (M-2013-03, and ASA-2012-15) for the use of
retail/restaurantspace, architectural style of the building, landscaping, and parking
requirements.
Existing Center and Surroundings
The project site is located within the Heart of the City Specific Plan area, is bound to the north
by Vallco Parkway, to the east by Tantau Avenue, to the south by Stevens Creek Boulevard, and
to the west byMetropolitan and Rosebowl Condominiums. The majority of the site is under
construction.
The proposed wine bar, Rootstock, is locating in PAD 3, a 1,860square foot building which is centrally
located withinthe Main Streetdevelopment. Please refer toFigure 1 below for the precise location.
Figure 1: Project Location
N
U-2015-03 & ASA-2015-16 Rootstock Wine Bar July 28, 2015
DISCUSSION:
The applicant, Lexi Moriarty,representing Rootstock Wine Bar,is requesting a Conditional Use
Permit for a drinking establishment with live entertainment and late night hours.The General
Commercial (CG) Ordinance requiresthe Planning Commission to review and approve requests
for drinking establishments, live entertainment and late night hours. In conjunction with the
proposed wine bar, the applicant is requesting an Architectural and Site Approval to allow
enhancements to the exterior patio of the existing building (Pad 3).Typically, Architectural and
Site Approvals may be approved by the Director of Community Development;howeverin this
instancesince aUse Permit is being soughtconcurrently, the Municipal Code requires that the
higher approval body review both requests.
Architectural & Site Approval
Enhancements to the existing patio dining areainclude:
Installing a railingto enclosetwo patios areas (totaling 980square feet)in compliance with
the State Department of Alcohol and Beverage Control (ABC) requirements for serving
alcohol in the patio areas. The hand rail is a modern designthat consists of wood slats
withmetal posts (see Attachment 3);
Diningfurniturewith seating areas that reflect the wine bar theme and incorporate earth
tone colors including wood and metal;and
Umbrellas made of waterproof material that integrate heating lamps and lighting for each
table. Both the heating lamps and light fixtures will be hidden from viewunless sitting
within the patio area.
Staff supports the proposed façade modifications in thatthey are consistent withthe
architectural theme of the building,are of high quality,and consistent with the intent of the
original approval for Main Street Cupertino.
Use Permit
OperationalDetails
Rootstockis a wine barthat offers breakfast, lunch and dinner options to customers. The
proposed floor plan includes afull service barand an outdoor patio area.The applicant
proposesto have56 indoor seats,19bar seats, and 41outdoor patio seats. The wine bar
proposes to open at 8:00am and close at2:00am. It is proposed that employees be allowedto
enter the facilityapproximately one hourbefore opening hoursfor prepand remain for no more
than one hour after closing hours of operation for cleanup. The establishment would have up to
10employees at any given time.
The wine bar is proposing to havelive entertainment in the dining area inside and within the
patio area outside Pad 3. Live entertainment is proposed during business hoursonly.
U-2015-03 & ASA-2015-16 Rootstock Wine Bar July 28, 2015
Main Street Cupertino has a previously approved shared parking plan that allows for 130,500
square feet of retail/restaurants and office with a limitation of 40% for restaurant uses.The
shared parking plan incorporates indoor and outdoor seating for the restaurant uses anticipated
within the developmentand the proposal is within the allowed restaurant square footage for
the project, and therefore meets the parking requirements.
Proximity to Residential Use
The new restaurant will be located in the Heart of the City Specific Plan Area which is
envisioned to serve as a gathering place. The vision for the area and project site encourages
commercial and retail use, with supportive residential developmentand hotel. The residential
portion of the Main Street Cupertino (Loft Apartments) is located in a separate building from
the retail portion of the project approximately 490feet away;theMetropolitan Condominium
community is over 690feet awayto the west of the project site andStevens Creek Village
apartments, an existing low-income rental project is located more than 550 feet away,to the
south of the project, across Stevens Creek Boulevard. The attached town homes on Craft Drive
andFinch Avenueare approximately 570 feet away. The closest single family residence is over
800 feet away.
In order to ensure that odors do not become a nuisance from the new establishment, a condition
of approval has been added to include an odor abatement system in thekitchen.
LiveEntertainment
As noted above the establishment is adequately buffered from the nearest residential uses.
There are noconcerns about the proposed indoor live entertainment since it is fully contained
within the building.
Chapter 10.48 of the Cupertino Municipal Code, Community Noise Control, includes provisions
to regulate noise impacts from public outdoor events. In order to ensuremitigation of any
impacts, a condition of approval has been added to the Draft Resolution to ensure that the
applicant adheres to the provisions in Chapter 10.48 related to outdoor public events.
Additionally, staff recommends that the outdoor Live Entertainment be conducted until 1:00
a.m. only.
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. In addition, Main
Street Cupertino includes a Sheriff’s sub-station which will further enforce safety and security
throughout the project.A condition of approval has been added to require the property owner
to address security concerns,in the event that they arise,and reimburse the City,in the event of
additional Sheriff’s enforcement time.
With the additional conditions to regulate the operations, the project as proposed, is not
anticipated to impact any of the residential uses in the project vicinity.
U-2015-03 & ASA-2015-16 Rootstock Wine Bar July 28, 2015
OTHER DEPARTMENT/AGENCY REVIEW
The City’s Public Works Department, Building Division, the Santa Clara County Fire
Department, the Cupertino SanitaryDistrict, and CalWater reviewed the project and have no
objections.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 Guidelinessection 15332 (In-Fill
Development) because the proposed use occurs within the city limits and is surrounded by
existing urban uses.
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 (at least 10 days prior to hearing)
Legal ad placed in newspaper (at least 10 days prior to
hearing)
Notices mailed to property owners adjacent to the
project site (300 foot)(at least 10 days prior to the
hearing)
Posted on the City's official notice
bulletin board (5 daysprior to
hearing)Posted on the City of
Cupertino’s Web site (5 daysprior
to 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.
Since this project is Categorically Exempt, the City has 60 daysto 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 ofapproval 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, aremade.
Prepared by: Tiffany Brown, AssociatePlanner
U-2015-03 & ASA-2015-16 Rootstock Wine Bar July 28, 2015
Reviewed by:Approved by:
/s/Piu Ghosh _____/s/Gary Chao
Piu Ghosh Gary Chao
Senior Planner Assistant Dir. Of Community Development
ATTACHMENTS:
1 –Draft Resolution for U-2015-03
2 –Draft Resolution for ASA-2015-16
3 –Plan Set
4 –Business Descriptionwith Menu
U-2015-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINOAPPROVING A USE
PERMITTO ALLOW A DRINKING ESTABLISHMENT WITHLATE HOURS, AND LIVE
ENTERTAINMENTLOCATED INA MIXED USE DEVELOPMENT AT 19389STEVENS
CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.:U-2015-03
Applicant:Lexi Moriarty, Rootstock Wine Bar
Location:19389Stevens Creek Blvd.(Main Street Cupertino)
SECTION II: FINDINGSFOR DEVELOPMENTPERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
UsePermitas 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 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:
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 new wine bar will be located in the Heart of the City Specific Plan Area which is envisioned
to serve as a gathering place that supports the creation of a Main Street like environmentwhich
is consistent with the request for live entertainment. The vision for the area and project site
encourages commercial and retail use, with supportive residential development. To further
mitigate impacts the applicant shall incorporate adequate measures into the operations to ensure
there is adequatebufferingfrom residences including installation of an odor abatement system
and as conditioned, outdoor live entertainment will not exceed noise levels consistent with the
regulations for public events, and the applicant hasprepareda security planwhich will be
Draft Resolution U-2015-03 July 28, 2015
reviewed and approved by the Sheriff’s Department. 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 operation, outdoor noise requirements
and security measures.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration ofthe initial study, maps, facts, exhibits, testimony and other
evidence submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on PAGE 2thereof,:
The application for a Use Permit, Application no. U-2015-03is herebyrecommended for
approvalandthat 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-
2015-03as set forth in the Minutes of Planning Commission Meeting of July 28, 2015and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1.APPROVED EXHIBITS
Approval recommendation is based on the plan set received June 10, 2015consisting of 17
sheets, A-1.0, A-2.0, Exterior View of kitchen windows (sheet 3), Enterior view example
(sheet 4),and patio furniture details sheets 5-17, titled “Rootstock Wine bar” drawn by
TETCA Associates; except as may be amended by conditions in this resolution.
2.ACCURACY OF PROJECT PLANS
The application/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.PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval form Resolution No. 12-098 and Resolution No. 14.-122
shall remain in effect unless superseded by or in conflict with subsequent conditions of
approval, including the conditions contained herein in this resolution.
4.COVENANT DISCLOSURE
Draft Resolution U-2015-03 July 28, 2015
The property is under a Cupertino planned development zoning and property purchasers
should check with the City to determine the specific restrictions under the Planned
Development Zone and related permits.
5.OPERATIONS
a.The wine bar and outdoor patioshall be operated withinthe area delineated on the site
plan exhibit.
b.The wine bar is approved to remain open to customersbetween 8:00am and 2:00am
weekley.
c.Employees may enter the establishment at 7:00am for prep, and leave at 3:00am for
clean up.
d.This permit allowsfor live entertainmentindoors and within the outdoor patio area.
Live entertainment within the outdoor patio area shall stop by 1:00am.
e.Changes to the wine baroperationsdetermined to be minor shall be reviewed and
approved by the Director of Community Development.
6.OUTDOOR LIVE ENTERTAINMENT
a.The outdoor live entertainment shall not produce noise levels above seventy dBA
on any residential property for aperiod longer than three hours. Daytime is
defined to be between 8:00 a.m. and 8:00 p.m.
b.The outdoor live entertainment shall not produce noise levels above sixty dBA
on any residential property during the period from 8:00p.m. to 11:00p.m., and
above fifty-five dBA after 11:00 p.m.
c.Continuous or repeated peak noise levels above ninety-five dBA shall not be
produced at any location where persons may be continuously exposed.
d.Outdoor live entertainment is not allowed before 8:00am or after 1:00pm.
7.KITCHEN ODOR ABATEMENT
All new facilities with a kitchen to preparefoodshall install odor abatement systems to
reduce odor impacts from the kitchento the adjacent community. The odor abatement
systems shall be installed prior to final occupancy ofthe associated business. Detailed plans
shall be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
8.BUSINESS LICENSE
The business owners shall obtain a City of Cupertino business licenseprior to building
permit issuance.
9.ALCOHOLICBEVERAGE CONTROL LICENSE
The applicant shall obtain and adhere to the appropriate California Department of
Alcoholic Beverage Control License(s)(ABC)in conjunction with the proposed service.
10.SECURITY PLAN
Draft Resolution U-2015-03 July 28, 2015
The applicant shall develop a security plan for the wine bar, which should reference the
comprehensive security plan for the Main Street Cupertino project, as required by
Resolution 12-098. The plan shall be prepared by the applicant and approved by the
Sheriff’s Department prior to final occupancy.
11.SHERIFF DEPARTMENT REVIEW
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.
12.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.
13.CONSULTATIONWITH 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.
14.MODIFICATION OF DRINKING ESTABLISHMENTOPERATIONS
The Director of Community Development is empowered to make adjustments to the
operation of the wine barto address any documented problem or nuisance situation that
may occur.
15.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, substantial evidence indicates that the conditions of the
conditional use permit have not been implemented, or where the permit is being conducted
in a manner detrimental to the public health, safety, and welfare, in accord with the
requirements of Chapter 19.12, Administration, of the municipal code.
16.EXPIRATION
If the use for which this conditional use permit is granted and utilized has ceased or has
been suspended for oneyear or mores, this permit shall be deemed expired and a new use
permit application must be applied for and obtained.
17.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
Draft Resolution U-2015-03 July 28, 2015
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.
18.NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
TheConditions 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.
PASSED AND ADOPTED this 28thday ofJuly,2015,at theRegular 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 Winnie Lee,Chair
Assist. Dir. of Community Development Planning Commission
ASA-2015-16
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINOAPPROVING AN
ARCHITECTURAL AND SITE APPROVALPERMITTO ALLOW SITE MODIFICATIONS
FOR A WINEBARAT 19389STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.:ASA-2015-16
Applicant:Lexi Moriarty, Rootstock Wine Bar
Location:19389 Stevens Creek Blvd. (Main Street Cupertino)
SECTION II: FINDINGSFOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval 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:
1.The proposal, 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 new wine bar will be located inside a previously approved building in a mixed use development
located inthe Heart of the City Specific Plan Area which is envisioned to serve as a gathering place
that supports the creation of a Main Street like environment. The proposal is to add architectural
enhancements within a previously approved patio area. These improvements will be completed in
compliance with Building Code Requirements. Therefore, the proposalwill not be detrimental to the
public health, safety, and welfare.
2.The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site
Review, of the Cupertino Municipal Code, the General Plan, any specific plan, zoning
ordinances, conditional use permits, exceptions, subdivision maps or other entitlements to
ResolutionNo. 6781 ASA-2015-08 May 12, 2015
use which regulate the subject property including, but not limited to, adherence to the
following specific criteria:
a)Only minor changes have been proposed to the existing building that doesnot affect the
overall architectural quality of the building.
Only the necessary site and building modifications/improvements associated with the wine bar
operation are proposed.
b)Design harmony between new and existing buildings have been preserved and the
materials, and with the future character of the neighborhood and purposes of the zone
in which it issituated.
The location, height and materials of the proposed patio enhancementsfor thepatioarea
harmonize with adjacent developments and are designed to complement the existing surrounding
professional, commercial and residential uses.
c)The number, location, color, size, height, lighting and landscaping of outdoor advertising
signs and structures shall minimize traffic hazards and shall positively affect the general
appearance of the neighborhood and harmonize with adjacent development.
No outdoor signs are proposed or approved at this time.
d)With respect to new projects within existing residential neighborhoods, new development
should be designed to protect residents from noise, traffic, light and visually intrusive
effects by use of buffering, setbacks, landscaping, walls and other appropriate design
measures.
The existing development is designed to buffer the residential portion of the development
from noise, traffic, light and visually intrusive effects. All lights arelow intensity to light
the patio area only anddesigned to be directedaway from the residential development.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study,maps, facts, exhibits, testimony and other
evidence submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on PAGE 2thereof,:
The application for an Architectural and Site Approval, Application no. ASA-2015-16is hereby
approved,andthat the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning Application no.
ASA-2015-16as set forth in the Minutes of Planning Commission Meeting of July 28, 2015, and
are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1.APPROVED EXHIBITS
Approval recommendation is based on the plan set received June 10, 2015consisting of 17
sheets, A-1.0, A-2.0, Exterior View of kitchen windows (sheet 3), Enterior view example
ResolutionNo. 6781 ASA-2015-08 May 12, 2015
(sheet 4), and patio furniture details entitledsheets 5-17, titled “Rootstock Wine bar” drawn
by TETCA Associates; 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.PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval form Resolution No. 12-098 and Resolution No. 14-122
shall remain in effect unless superseded by or in conflict with subsequent conditions of
approval, including the conditions contained herein in this resolution.
4.COVENANT DISCLOSURE
The property is under a Cupertino planned development zoning and property purchasers
should check with the City to determine the specific restrictions under the Planned
Development Zone and related permits.
5.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.
6.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.
7.SIGNAGE
Signage is not approved withthis use permit application. The storefrontawnings and patio
umbrellas are not approved for any signage. Signage shall conform to the Main StreetSign
Program.
8.FINAL ARCHITECTURAL DETAILS
The final building design and exterior treatment plans shall be reviewed and approved by
the Director of Community Development prior to issuance of building permits. The
Director of Community Development may approve additional designs or make minor
variants as deemed appropriate. Specifically, the following items shall be addressed prior
to building permit issuance:
a.The planning department shall review the final design of the patio area including the
patio wall, seating, lighting, shade umbrellas, landscaping, etc prior to final on building
permit issuance.
ResolutionNo. 6781 ASA-2015-08 May 12, 2015
9.PATIO FEATURE MAINTENANCE
The property owner and/or lessee shall maintain and upkeep the outdoor patio features
including but not limited to umbrellas, furniture, lighting, etc. and shall replace weathered
features within a timely manner as determined by the Director of Community
Development.
10.MECHANICAL EQUIPMENT SCREENING
All rooftop and ground mounted mechanical equipment 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. The location of equipment
and necessary screening shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
11.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.
12.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.
ResolutionNo. 6781 ASA-2015-08 May 12, 2015
PASSED AND ADOPTED this 28thday ofJuly2015,at theRegular 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 Winnie Lee,Chair
Assist. Dir.of Community Development Planning Commission