Reso 6771 ASA-2014-12
� CITY OF CUPERTIIVO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION 6771
OF THE PLANNING CO1VI'1VIISSION OF THE CITY OF CUPERTINO APPROVING
AN ARCHITECTURAL AND SITE�APPROVAL PERMIT TO ALLOW FA�ADE
AND SITE MODIFICATIbNS FOR A NEW RESTURANT AND BAR AT
20080 STEVENS CREEK BOULEVARD
SECTION I: PROTECT bESCRIPTION
Application No.: ASA-2014=12
Applicant: Jared Taylor (Golden Property Development)
Location: 20080 Stevens Creek Blvd.
SECTION II: `FINDINGS FOR ARCI=IITECTURAL AND SITE APPROVAL:
WHEREAS, the P1�-uling Coxntnission of the'City o£ 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 Plannulg Commission has held at least one public
hearing in regard to fihe application; and
WHEREAS; the applicant has met the burden of proof required to support said application;
and
WHEREAS,the Plaiuling 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 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 development. To further mitigate impacts, the applicant shall
incorporate adequate measuYes into the operations to ensure that there is adequate buffering from
residences including installation of an odor abateinent system. In addition, the applicant has
prepared a security plan to mitigate security, concerns. .Therefore, the proposed use will not be
detrimental to the public health, safety, and welfare.
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Resolution No.6771 ASA-2014-12 December 9,2014
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
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 does not affect the
overall architectural quality of the building. The project is not proposing to significant
alter the exterior of the existing two-story office building.
Only the necessary site and building modifications/improvements associated with the restaurant
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 is situated.
The location, height and materials of the proposed site improvements, landscaping features, and
patio area 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 hannonize 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 development is designed to buffer the residential portion of the development from
noise, traffic, light and visually intrusive effects. The residential portion of the
development is buffered from the retail portion by new landscaping trees, a drive aisle
and parking lot. All lights are directed away 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 2 thereof,:
The application for an Architectural and Site Approval, Application no. ASA-2014-12 is hereby
approved, 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.
ASA-2014-12 as set forth in the Minutes of Planning Commission Meeting of December 9, 2014,
and are incorporated by reference as though fully set forth herein.
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' ResolutionNo.6771 ASA-2014-12 . December 9,2014
SECTION III: CONDITIONS ADMINISTERED BY:'�THE COMMUNITY DEVELOPIVIENT
� DEPT.
1. APPROVED EXHIBITS -
Approval recommendation is based on the plan set received November 19, 2014 consisting
�' of 10 sheets labeled PL-01 PL-02 PL-03,PL-04, PL=04:1;PL-05, PL-06,PL-07; PL-08 and PL-
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09 erititled, "The Counter Burger; 200$0:Stevens.Creek Boulevard, Cupertino; CA 95014,"
I `drawn by Innovation and Design Architecture;except as may be amended by conditioris in
this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/properf,y owner is responsible to verify all pertinent property data including
but not litnited'to property boundary,locations, building setbacks, property size,-biiilding _
square'footage,'any`relevant easeinents'and/or construction records: Any misrepresenta:tion
of any property data may invalidate this approval and may require additional review:
3. COUENANT DISCLOSURE : `
TYie property�is`under a Cupertino planned.developrrienf zoning and property p,urchasers
should check with the City to"deterinine the`specific restrictions under the Planned
Development Zone and related permits.
� 4: : OPERATIONS �
a) The restaurant shall be operated within the area'delineated on the sife plan exhibit. _
� b) 'Tlie restauranfiis approved to operate Monday to Sunday from 10am�to 11 pm.
, c) The nurnber of seats includes 76 iridoor seats; 15 bar`seats. The outdoor seating located
in the patio area will be verified af building perxnit issuance. The outdoor seating will
be liinited to a xriaxunum of 20% of t�ie�total allowed indoor seats or 12 outdoor seats;
whichever is more restrictive.
d) Staff parking is located off-site per the Parking Management Plan.
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e) Changes to the restaurant operations determined to be minor shall be reviewed and
approved by the Director of Community Developrnent.
5. STOREFORNT WINDOW DETAILS �
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Prior to issuance of building permits the applicant and Staff shall work together to further
enhance building windows 5 and 6 which may include but not be limited #o clear glass,
` artwork; backlit features or similar features with�the intent to further en�iance the"two
'sforefront windows. The final storefront "window design shall be approved by the
Community Development Director.
6. PEDESTRIAN CIRCULARION , , ' _
Prio'r to building permit issuance the pedestriari circulation-'from the parking lot and public
�right of way to the restaurant shall be reviewed to ensure fhat`accessible paths of travel are
being maintained. :
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Resolution No. 6771 ASA-2014-12 December 9,2014
7. SIGNAGE
Signage is not approved with this use permit application. The storefront awnings and patio �
umbrellas are not approved for any signage. Signage shall conform to the City Sign
Program.
8. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor impacts from the
restaurants to the adjacent community. The odor abatement systems shall be installed prior
to final occupancy of the associated restaurant(s). Detailed plans shall be reviewed and
, approved by the Director of Community Development prior to issuance of building
permits.
9. BUSINESS LICENSE
The business owners shall obtain a City of Cupertino business licenses prior to building
permit issuance.
10. ALCOHOLIC BEVERAGE CONTROL LICENSE
The applicant shall obtain and adhere to the appropriate California Alcoholic Beverage
Control License(s) in conjunction with the proposed service.
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. 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) Prior to issuance of building permits the applicant and Staff shall work together to
further enhance building windows 5 and 6 which may include but not be limited to
clear glass, artwork, backlit features or similar features with the intent to further
enhance the two storefront windows. The final storefront window design shall be
approved by the Community Development Director.
b) Additional planter boxes shall be added along the base of the storefront windows on
the east elevation to soften the appearance of the proposed spandrel. Alternatively, the
spandrel at the base of the windows can be removed.
c) The window awnings shall be metal or other durable material. �
d) The window awnings shall be added to each storefront window.
ResolutionNo.6771 ASA-2014-12 December 9,2014
e) Landscaping shall be added in front of the low=;wa11 along Stevens Creek Boulevard.
C� The proposed landscaping shall be reviewed arid approved by the plarululg department
to building permit issuance.
f) The plannulg departrnent shall review the final design of the patio area including the
patio wall, seating, lighting, ;shade umbrellas;' landscaping, operable folding bar
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window and fire pit prior to building permit issuance.
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13: LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance {CMC, Chapter 14.15),-,a maintenance schedule shall be
established and subrnitted to the Direcfor of Community Development or his/her designee;
either with the landscape application package, with the landscape installation report, or
any time before the landscape installation report is-submitted.
a) Schedules should take into accourit water`requirements for the plant establishment
period'and water requirements for established landscapes.
b) 1Vlaintenance shall include, but not be'limited to the following: routine inspection;
pressure testing, adjustrnent and repair of the irrigation system; aerating and de-
thatching turf areas; replenishing mulch;fertilizing;prunulg;replanting of failed plants;
weeding;pest control;and removing obstructions to em.iss'ion devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may
be size-adjusted as appropriate for the stage of growth of the overall installation. Failing
plants shall either be replaced or be reviv.ed through appropriate adjustments in water,
nutrients,pest control or other factors as recommende d by a landscaping professional.
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14. BLJILIDING TREATMENT
The building exterior treatment (including, but not limited to details on exterior color,
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material, architectural treatments and/or exnbellishments, lighting, patios walls, retractable
bar windows, and landscaping) shall be consistent with the 1Vlixed Use Complex. Any ,
exterior changes deterinuled to be minor shall be reviewed and approved by the Director of '
Comrnunity Development.
15. SCREENING
All mechanical and other equipmenf 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 materials. The height of the screening
shall be faller 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 permi.ts.
1b. 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.
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Resolution No. 6771 ASA-2014-12 December 9,2014
17. 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.
18. MODIFICATION OF RESTURANT OPERATIONS
The Director of Community Development is empowered to make adjustments to the
operation of the restaurant to address any documented problem or nuisance situation that
may occur.
19. MODIFICATION OF PARKING MANAGEMENT PLAN
The Director of Community Development is empowered to make adjustments to the
operation of the restaurant to address any substantial parking concerns. Including, but not
limited to, making adjustrnents to the restaurant operations and/or the parking
management plan.
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20. 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 t�ie
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 the municipal code. 4
21. 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.
22. 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.
23. 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 �
Resolution No.6771 ASA-2014-12 December 9,2014
Section 66020(a),has begun. If you fail to file a profest witivn this 90-day period complying
� with all' of the requirements of Section 66020, you will be Iegally barred from later
challenging such exactions.
PASSED AND ADOPTED this'9th day of December, 2014, Regular Meeting of the Planning
Commission of the City of Cupertino, State of California,by the following roll call vote:
AYES: COIVIMISSIONERS: Chair Brophy,Vice Chair Lee, Gong, Sun, Takahashi
NOES: COlVINIISSIONERS:none
ABSTAIN: COIVIIVIISSIONEiZS:none
ABSENT: COlVIlVIIS5IONERS:none
` ATTEST: API'ROVED:
, G
G .' Paul Brophy; air _
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A , ist.Dir. of Community Development Planni�lg Co 'ssi�
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