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PC 07-28-2015CITY OF CUPERTINO 10300 ToITe Avenue Cupertino, CA 95014 6:45 P.M. CITY OF CUPERTINO PLANNING COMMISSION MEETING APPROVED AMENDED MINUTES JULY 28, 2015 CITY COUNCIL CHAMBERS TUESDAY The regular Planning Commission meeting of July 28, 2015, was called to order at 6:45 p.m. in the Cupertino Council Chambers, 10350 ToITe Avenue, Cupertino, CA. by Chairperson Winnie Lee. SALUTE TO THE FLAG ROLL CALL C01m11issioners Present: Staff Present: APPROVAL OF MINUTES: Chairperson: Winnie Lee Vice Chairperson: Alan Takahashi Commissioner: Geoff Paulsen Commissioner: Comnlissioner: Margaret Gong Don Sun Asst. Dir. Community Development: Associate Planner: Asst. City Attorney: Minutes of the May 26, 2015 Planning Commission Meeting: Gary Chao Tiffany Brown Colleen Winchester MOTION: Motion by Com. Paulsen, second by Vice Chair Takahashi, and unanimously carried 5-0-0, to approve the May 26, 2015 Planning Commission minutes as presented. WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: Lisa Warren, Cupertino resident: • Expressed concern about the condition of the brown trees during the drought and suggested they be watered by hand or tiuck. More water will be needed if the trees die and have to be replaced with new ones. Cupe1tino Planning Commission 2 July 28, 2015 Com. Paulsen: • Said he was a forest manager and was on a Parks and Rec Commission. On a recent tour by Public Works staff, one of the arborists explained that the City was going to be letting some of the grass die, but they considered the trees their greatest investment and will be watching the trees very carefully. In some cases for the trees such as redwoods with high water needs they will remove the plants from around the roots that would compete for the water and add mulch to protect them and retain the water. CONSENT CALENDAR: None PUBLIC HEARING: 1. U-2015-03, ASA-2015-16 Lexi Moriarty (Rootstock Wine Bar) Main Street Cupertino Aggregator LLC 19389 Stevens Creek Boulevard Use Permit for full service bar with live entertainment and late hours of operation; Architectural and Site Approval to allow enhancements to the exterior patio for the existing building Tiffany Brown, Associate Planner, presented the staff report: • Reviewed the application for a Use Permit for a full service bar with live entertainment and late hours of operation; and Architectural and Site Approval to allow enhancements to the exterior patio to the existing building, within the Main Street Cupertino project, as outlined in the staff report. • She reviewed the slide presentation which included the project site, operational details, patio enhancements and security plans. The applicant has revised the application requesting to amend the hours of operation previously proposed as 8 a.m. to 2 a.m. Monday through Sunday to 8 a.m. to 1 a.m. Monday through Saturday; closing from 8 a.m. to midnight on Sunday; which is consistent with other restaurants approved in the project. • Project is categorically exempt from CEQA; has been reviewed by the Sheriff's Department and they support the project; there is a Sheriff's substation within the Main Street project and Main Street also has its own security plan as well as the Sheriff's substation. • Staff recommends adoption of resolutions to approve the Use Permit for the separate full service bar, live entertainment, and the late hours of operation reflecting the revised hours stated and also the site and architectural enhancements for the patio area. • Staff answered questions about the application. Jim Foley, representing Rootstock Wine Bar: • Said they were pleased to be a part of the Main Street project. Said that the facility would off er outdoor dining, an acoustic guitar player or a jazz trio at various times compared to the Los Gatos location. • Relative to the operating hours he said they requested a 1 :00 a.m. closing rather than 2:00 a.m. He said either of the closing times would work well, but they wanted to work with the neighbors and landlords. Said the entertainment is lively but the people can still maintain the ability to have conversations. They anticipate it as being a supplement or replacement to the background ambient music there. Said that their vision for Main Street is having a wide variety of offerings at different restaurants to complement each other, not necessarily compete with each other. He said they are an active part of the communities they are located in, and are involved in giving back to the community in the form of donations and educational events. Chair Lee opened the public hearing. Cupe1iino Planning Commission 3 July 28, 2015 Jennifer Griffin, Rancho Rinconada resident: • Said she felt the new wine bar would be centrally located and would be a welcome addition to the city for places to go; a tasteful place in a good location. She questioned if dogs would be allowed on the premises; and what the shutdown time was for serving alcohol. Also asked if staff were trained to deal with controlling the service of alcohol when people were drinking. She said she felt the Sheriff's office should be manned 24 hours because of the rise in crime. Leslie Warren: • Said she was concerned about a potential Battle of the Bands between the bars and restaurants in close proximity to one another ifthere was indoor/outdoor music on premises. She noted there was no breakfast menu; what would they be doing at 8 a.m.? • She felt the parking structure was getting bigger and bigger, and is a problem when lit up all night long in several neighboring areas. Said she was not comfortable with everything being illuminated when so close to residential. She asked if there was a way to limit parking to lower levels of the parking structure so that only light in those levels could be on. Chair Lee closed the public hearing. Chair Lee: • Said one of the questions from a speaker related to the entertainment; on the Use Permit on 6A it defines daytime to be 8 a.m. to 8 p.m. and it says outdoor live entertainment should not produce noise levels above 70 decibels. She suggested language "70 decibels on any residential property for a period longer than 3 hours during the daytime." Com. Gong: • Relative to 6C it says continuous or repeated peak noise levels above 95 decibels shall not be produced at any location. She suggested deleting "where persons may be continuously exposed". She said she felt it should not be over 95 decibels Com. Paulsen: • Relative to outdoor music, he said he felt that it depends on the type of music; he said he could like the flexibility of inside and outside provided everyone gets along with it and enjoys it. Gary Chao: • Said that the property owners would have rules which they would hold the restaurants accountable to. Colleen Winchester, Asst. City Attorney: • Said the dog issue would be regulated by the Dept. of Health and State regulations. Service animals are always permitted inside and outside of any establishment. State and com1ty regulates dogs. Gary Chao: • Lighting and parking were assessed in tradition as part of the master use permit. Staff understands the concern and the sensitivity of those issues but it has no bearing on Commission's decision and if they would be able to address through the entitlement. None of the buildings are occupied. • There is a process to go through; the developers would have to go through showing the city lighting plan, which has been done already so they should be all specced out and constructed accordingly. • In the future after things are in operation, the city will have the ability for review; if there are complaints or concerns, staff can talk to the shopping center owner about making the appropriate adjustments. Cupertino Planning Commission 4 July 28, 2015 Colleen Winchester: • Reported that as of January 1, 2014, dogs can be allowed in an outdoor dining establishment area, but it is up to the discretion of the restaurant. Com. Gong: • Suggested the premises have two unisex restrooms. All concurred. Applicant: • Said they were considering offering a brunch, but the concept has not been fully developed yet. Motion: Motion by Viee Chair Takahashi, seeond by Com. Cong, and earried 4 1 O; Chair Lee voted No, to approve Applieation U 2015 04 as written with the findings as listed in the draft resolution. Chair Lee said she voted No as she preferred that the applieant make the request onee all the other tenant spaees are used up. Delete entire motion Motion: Motion by Com. Gong, second by Com. Paulsen, and unanimously carried 5-0-0, to approve the draft resolution U-2015-03; modified as stated earlier including typographical errors. Motion: Motion by Com. Gong, second by Vice Chair Takahashi, and unanimously carried 5-0- 0, to approve resolution ASA-2015-16 as written with typographical errors corrected. OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION Environmental Review Committee: • Com. Gong reported that the environn1ental review of the Civic Center Master Plan was reviewed; recommended Mitigated Negative Declaration, with one dissenting vote Chang. Sent to City Council. Housing Commission: No meeting. Economic Development Committee Meeting: Meeting in August. Mayor's Monthly Meeting With Commissioners: • Com. Paulsen reported he attended July 1st meeting. Mayor discussed his concept for project proposal and review. • Com. Paulsen commended staff for their excellent work. • Bicycle/Pedestrian Commission approved a $50K consultant contract to look at the big picture. The mayor feels the BP Commission should have a rep on the Stevens Creek Trail Comm. to get the trail com1ecting Cupertino to Mtn. View through Sunnyvale and Los Altos. • Parks and Rec Commission: Various summer activities include movies, summer program; August 4111 National Night Out; summer concerts; online reservation system pending; work on Parks Master Plan. • Discussion on Transit; August 3rd Transit Forum 7-9. Cupertino Planning Commission 5 July 28, 2015 • Public Safety Commission: Released report on bike lane safety; accident map pending; also looking at concern about teen suicide. • Library Commission: Shakespeare in the Park; an all-night coding was recently held; science project will be held as well. • Fine Arts Commission: Will be judging the utility box art project "Energized By Art"; also distinguished and emerging artist awards; new sculpture at Homestead Safeway store. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: No written repo1i. ADJOURNMENT: • The meeting was adjourned to the Plamtlng Commission meeting at 6:45 p.m. on August 11, 2015. Approved as amended: August 25, 2015