Reso 6779 ASA-2015-02
� CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95D14
RESOLUTION NO. 6779
OF THE PLANNING COlVIMISSION OF THE CITY OF CUPERTIIVO APPROVING AlV
ARCHITECTURAL AND SI�E APPROVAL PERMIT TO ALLOW FA�ADE AND SITE
1VIOI�IFICATIONS FOR A NEW RESTURANT AND BAR AT 19399 STEVENS CREEK
BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2015-02
Applicant: LYFE Kitchen of California, LLC (1Vlain Street Cupertino)
Location: 19399 Stevens Creek Blvd.
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of 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 fhe City of Cupertino, and the Planning Commission has held af least one public
hearing in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support'said application;
and _
WHEREAS, the Pl��uling Commission finds as follows with regard to this application:
1. The proposal, at fihe 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
Iserve as a gathering place. The vision for the area and project site encourages commercial dnd 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. 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.6779 ASA-2015-02 May 12,2015
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 building permits issuance, the applicant shall work with Staff to further
enhance building windows along the north and east elevation requesting to be spandrel
or blocked from view, which may include but not be limited to the use of clear glass,
artwork, backlit features or similar features as determined to be appropriate by the
Community Development Director.
b) 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.
9. BUILDING TREATMENT
The building exterior treatment (including but not limited to details on exterior color,
material, architectural treatments and/or embellishments, lighting, patios walls, retractable
bar windows, 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.
10. 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.
11. 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.
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Resqlution No. 6779 ASA-2015-02 May 12;2015
12. ANNOTATION OF THE CONDITIONS OF APPROUAL;
� The conditions of approval;set forth.shall be incorporated into and annotated on the first
page of the building plans.
13. 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.reguirements. Any misrepresentation
of any submitted data may invalidate an approval by the Community Development
Department.
14. PATIO FEATURE 1VIAINTENANCE
The property owner and/or lessee shall maintain and upkeep the outdoor patio features
including but not lunited to umbrellas, furniture, lighting, etc..and shall replace weathered
features within a timely manner as determined' by the Director of Community
Development.
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 proeeeding 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 Secfion 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.
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Resolution No. 6779 ASA-2015-02 May 12,2015
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:
AYES: COMMISSIONEIZS: Chair Lee, Vice Chair Takahashi, Gong, Sun, Paulsen
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
Gary Chao Winnie Lee, Cha'
Assist. Dir. of Community Development Planning Commission
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