Loading...
Reso 6772 U-2014-07 �� CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 . , RESOLUTION NO. 6772 ` OF THE PLANNING COlVI1VIISSION OF THE CITY OF CUPERTI.NO , _ APPR0�IING A USE PERMIT TO ALLOW A SEPARATE BAR AT.A PROPOSED , , .. .:.., . , RESTAURANT LOCATED IN A 1VIIXED-;USE DEVELOPIVIENT AT 20080 STEVENS CREEK BOULEVARD _. __ _ SECTION L• PROTECT DESCRIPTION A l�cation.No.: _U-2014-07 . ; . , ' , pP � ; Applicant: � . ; Jared Taylor(Golden Property Development) . Locatiori: . 20080 Sfevens:Creek Blvd: , , , SECTION IL• FINDINGS FOR DEVELOPIVIENT PERMIT: ' WHEREAS, the Planning Coirunission of the City of Cupertino received ari application for�a Use Permit , , � as described in Section I. of this Resolutiori; and' ``� e essa ublic notices have been' iveri as re uired b 'the Procedural Ordinance of WHEREAS, the n c �Y P . g q Y the City of Cupertino, and the Planning Comiiiission has held at least one public hearing in regard to the application; and - ��, W"HEREAS,�the applicant has met��t�ie�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,pro.perty or improvements in the'vicinity, and will not be detramental to the public health, safety, general welfare, or convenience; , The neiv restaurant 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 environment. The vision for;the area and project site encourages comrnercial and retail`use,.ivith suppo.rtive residential:development. To further mitigate impacts the applicant shall incorporate adequate measures into the operations to ensure that there is adequate buffering from residences including installdtiori of an odor'abatement system and the_applicant ` has prepared a security plan. Therefore, tlie 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.wifh the Cupertino �' - 'Comprehensive General Plan and the purpose'of t�us title. : � The proposed use complies with the Cupertirio General Plan and IVlunicipal Code requirements, including �but not limited to,parking regulations;hours of operdtion and security measures. I, , : Resolution No.6772 U-2014-07 December 9,2014 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 a Use Permit, Application no. U-2014-07 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-2014-07 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. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT 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-09 entitled, "The Counter Burger, 20080 Stevens Creek Boulevard, Cupertino, CA 95014," drawn by Innovation and Design Architecture; 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. 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. 4. OPERATIONS a) The restaurant shall be operated within the area delineated on the site plan e�chibit. b) The restaurant is approved to operate Monday to Sunday from 10am to 11 pm. c) The number of seats includes 76 indoor seats, 15 bar seats. The outdoor seating located in the patio area will be verified at building permit issuance. The outdoor seating will be limited to a maximum of 20% of the total allowed indoor seats or 12 outdoor seats, whichever is more restrictive. d) Staff parking is located off-site per the Parking Management Plan. e) Changes to the restaurant operations determined to be minor shall be reviewed and approved by the Director of Community Development. 5. STOREFORNT WINDOW DETAILS 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. _ _ _ ,: :: -..;- ;- � ,_:-, Resolution No:6772 U-2014-07 December 9,2014 6. PEDESTRIAN CIRCULARION � Prior to bu:ildirig perrnit issuance the'pedestrian circulation from the parking lot and public right of way to the restaurant shall be reviewed to ensure that accessible paths of. travel are being maintained. _ 7. SIGNAGE Signage ;is not approved with this use perrnit application. The storefront awnulgs and patio umbrellas are riot approved for any signage. Sigriage shall conform to the City Sign Program. 8. RESTAURANT ODOR ABATElVIENT All new restaurants shall install odor. abatement systems to reduce odor impacts from the restaurants to the adjacent communify. 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 Gupertino 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(sj 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 satisfacti'on of the"City:'The properiy owner shall pay for any additional Sheriff enforcement time resulting�from documenfed incidents in the development at `the City's contracted hourly rate witl-i the Sheriff Department at the fime 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 Comrnunity Development may approve add'itional designs or make minor variants::as deemed appropriate. Specifically, the following items shall be addressed pri or to building perrnit issuance: a) Prior to 'issuance of building permits the applicant and Staff shall work together to further enhance building windows 5 and 6 which inay include but not be limited to clear glass; artwork; backlit "features or siinilar feafures wrth the interit to further enhance the two storefronf windows. The final storefront W�aow aes�� shall be approved by the Community Development Director. - b) Additional planter boxes shaIl be added along the base of the storefront windows on the east elevation to soften the appearance of the prqposed spandreL Alternatively, the spandrel at the � base of the windows can be removed. c) The window aw�luzgs shall be metal or other durable material. . d) The window awnings shall be added to each storefront window. Resolution No.6772 U-2014-07 December 9,2014 e) Landscaping shall be added in front of the low wall along Stevens Creek Boulevard. The � proposed landscaping shall be reviewed and approved by the planning department to building '�,,,�j� permit issuance. � The planning department shall review the final design of the patio area including the patio wall, seating, lighting, shade umbrellas, landscaping, operable folding bar window and fire pit prior to building permit issuance. 13. LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director 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 account water requirements for the plant establishment period and water requirements for established landscapes. b) Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission 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 revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. � 14. BUILDING TREATMENT The building exterior treatment (including but not limited to details on exterior color, material, architectural treatrnents and/or embellishments, lighting, patios walls, retractable bar windows, and landscaping) shall be consistent with the Mixed Use Complex. Any exterior changes determined to be minor shall be reviewed and approved by the Director of Community Development. 15. SCREENING 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 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. 16. 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. 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. Resolution No.6772 U-2014-07 December 9,2014 �< 18. MODIFICATION OF RESTURANT OPERATIONS The Director of Community Development is empowered to make adjusixnents to the operation of the restaurant to address any documented problem or nuisance situation that may occur. 19. MODIFICATION OF PARKING MANAGElVIENT PLAN The Director of Community Development is empowered to make adjustrnents to the operation of the restaurant to address any substantial parking concerns. Including, but not limited to, making adjustments to the restaurant operations and/or the parking management plan. 20. REVOCATION OF USE PERMIT The Director xnay initiate proceedings for revocation of the Use Pexmit in any case where, in the judgment of the I�irector, subsfantial evidence indicates that the conditions of the conditional use permit have not been implemented, or where the pexmit is being conducted in a manner detrimental_ to the public health, safety, and welfare,in accord with the requir ements of the municipal code. , 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. INDElVINIFICATION 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 tivrd 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.RESERVATIOI�TS 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, ptxrsuant to Goverrunent Code Section 66020(a),has begun. If you fail to file a protest witivn this 90-day period complying with all of the requirements of Section 66020,you will be legally barred from later challenging such exactions. � Resolution No.6772 U-2014-07 December 9,2014 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: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Gong, Sun,Takahashi NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS:none ATTEST: APPROVED: ao Paul Brophy, air Assist. Dir. of Community Development Planning Co 's 'on � �