Reso 6751 U 2014-03
�,_;;:.� CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION IVO. 6751
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A L7SE PER1VlIT TO ALLOW A WINE BAR AT A,PROPOSED-RESTAURANT
LOCATED IN A 1VIIXED USE DEVELOPMENT AT 19ZOO VALLCO PARKWAY
SECTION I: PROTECT DESCRIPTION
Application No.: U-2014-03
Applicant: Nlark Sylva (Cooper Vino Wine Bar)
Location: 19700 Vallco Parkway
SECTION II: FINDINGS FOR DEVELOPMENT PERIVI.IT:
WHEREAS, the P1aruluzg Coinmission 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 Plarululg Coxntnission has held at least one public hearing in regard to
the application; and
WHE&EAS, 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
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WHEREAS,the Plaruling Commission finds as follows with regard to this application: :
1. The proposed use, at the proposed location, will not be detrixnental 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
fi•om residences including installation of an' odor�= abatement :system. Adequate seeurity measures are
incorporated into the proposed project. Therefore, the proposed use will not be detrimental to the public health,
safety, and welfare.
2. .T`he proposed:use will be located and conducted in a manner in accord with the Cupertino
f�`' " Comprehensive General Plan and the purpose of this.title.
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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:
The 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 PRO�ECT 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
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Resolution No-6751 U-2014-03 ` July 22,2014
b. Complaints are reeeived related to tlle tentanf underathis.use permit, and the complaints are not
� iminediately 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, safefy, and
welfare, in accord with the requirements of the municipal code.
7. LAW�ENFORIVIEIVT SUPPORT
The property owner shall address security concerns'in the event that they arise to the satisfaction of
the City.`The properfy owner shall pay for any additional Sheriff enforcement time resuiting frorn
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 Sfieriff's Office or Code Enforcemerit.
8. BLJSINESS LICENSE
The business owner shall obtain a City of Cupertinq business license prior to building permit
issuance.
9. STOREFRONT WINDOW DETAILS
The storefronfi windows shall be kept open and transparent to the greatest extent possible. The final
' floor plari, storefront design and window display shall be reviewed and appro�ed by the Director of
Coirmrnunity.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. RESTALTRAIVT 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: MECHANIGAL AND OTHER EQUIPMElVT.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 pulolic 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 rnaterials. The height of the screening shall be
taller than t�ie 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.
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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. 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.
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 permit. (CMC 9.18.210 H&K)
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Resolution No.6751 U-2014-03 July 22,2014 '
aSECTIOIV V: CONDITIONS ADIVIINISTERED BY THE SANTA CLARA COUNTY FIRE DISTRICT
1. FIRE DEPARTMENT REVIEW
Prior to'preforming any�"vork 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. COMIVIERCIAL 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.
SEC'TION 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 1Vleeting of the Planning Commission of
Othe City of'Cupertino,State of California,by the following roll call vote:
AYES: COMIVIISSIONERS: Chair Brophy,Vice Chair Lee, Gong, Sun
�NOES: COMMISSIONERS:none
ABSTAIN: COMNIISSIONERS:none
ABSENT: COMNIISSIONERS: Takahashi
ATTEST: APPROVED:
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Garq Chao Paul Brophy, C� ir.
Assist.Director of Community Development Planning Co i sio �
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