Reso 6778 _ �
_ U-2015-01
� CITY OF CUPERTINO .
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6778
OF THE PLANNING CONIIVIISSIOlV OF THE CITY OF CUPERTINO APPROVING A USE
PERMIT TO ALLbW A SEPARATE BAR AT A PROPOSED RESTAURANT LOGATED IN A
MIXED USE DEVELOPMENT AT 19,399 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION - ,
Application:No.: U-2015-01
Applicant: LYFE Kitchen of California,LLC (1Vlain Street Cupertino)
Location: 19399 Stevens Creek Blvd. �
SECTION IL• FINDINGS FOR DEVELOPIVIENT PERMIT:
WHEREAS,the Planning Commission of the Cify of Cupertino received an application for a Use Permit '
as described in Seetion I. of this Resolution; and
� WHEREAS,`the.necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertuzo, and the Planning Commission has held afi least one pubhc hearuzg u1 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 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 aYea
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 that there
is adequate buffering from residences including installation of an odor abatement system and as
conditioned, the applicant will'prepare a security plan. Therefore, the proposed use will not be detrimental
to tlie public health, safety, and welfare. '' ' '
2. T`he 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 complies with the Cupertino General Plan and'Municipal Code requirements, including
� but not limited to, parking regulations, houYs of operation and security measures.
Resolution No.6778 U-2015-01 May 12,2015
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-2015-01 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-2015-01 as set forth in the Minutes
of Planning Commission Meeting of May 12, 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 April 22, 2015 consisting of 26 sheets,
entitled, "LYFE Kitchen, 19399 Stevens Creek Boulevard, Cupertino, CA 95014," drawn by Parkway
Construction&Associates; except as may be amended by conditions in this resolution.
2. ACCURACY OF PROLECT 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 4
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. OPERATIONS
a) The restaurant shall be operated within the area delineated on the site plan exhibit.
b) The restaurant is approved to operate Monday to Sunday from 7am to 11 pm.
c) The number of seats includes 82 indoor seats, 12 bar seats, and 18 exterior patio seats.
d) Changes to the restaurant operations determined to be minor shall be reviewed and approved
by the Director of Community Development.
6. 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 Developrnent prior to issuance of building permits.
_ _ _ _ _ . _ _ _ _ _ _ _
Resolution No..6778 U-2015-01 May 12,2015
� 7. BUSINESS LICENSE � ;` '
The business owners shall obtain a City of Cupertino business licenses prior to building permit
issuanee. ,
8. ALCOHOLIC BEVERAGE CONTROL LICENSE
The applicanf shall obtain and adhere to the appropriate, California Alcoholic Beverage Control
License(s) in conjunction with the proposed service.
9. SECURITY PLAIV
The applicant shall develop a security plan for the restaurant, which should reference the
comprehensive security plan for the Nlain Street Cupertino project, as required by Resolution 12-
Q98, The plan shall be prepared by the applicant and approved by the Sheriff's Department prior to
final occupancy.
10. 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 tune resulting from
documented incidents in the development at the City's contracted hourly rate with the Sheriff
Deparhnent 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.
O11. ANNOTATION OF THE CONIDITIONS OF APPROVAL
The conditions of approval set forth shali be incorporated into and annotated on the first page of the
building plans. ,
12. 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 Developmenf Department.
13. MODIFICATION OF RESTURANT OPERATIONS
The Director of Community Development is`empowered to make adjustments to the operation of
the resfauranf to address any documented problem or nuisance situation that may occur.
14. REVOCATION OF USE PERIVIIT
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
perrnit have not been implemented, or where the permit is being conducted in a manner detrim ental
to the public health, safety, and welfare,in accord'with the requirements of the municipal code.
15. EXPIRATION
If the use for which this conditional use permit is granted and utilized has ceased or has been
n suspended for two year or more, this permit shall be deemed expired and a new use permit
�� application must be applied for and obtained.-
Resolution No.6778 U-2015-01 May 12,2015
16. 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.
17. 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 su ch exactions.
PASSED AND ADOPTED this 12th day of May, 2015, at the Regular Meeting of the Planning
Commission of the City of Cupertino, State of California,by the following roll call vote: 4
AYES: COMMISSIONERS: Chair Lee, Vice Chair Takahashi, Gong, Sun, Paulsen
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
a Winnie Lee, Chai
ssist. Dir. of Community Development Planning Commission
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