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Reso 6781 _ _ _ ASA-2015-08 �� � CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 1V0. 6781 OF THE PLANNIlVG COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL.PERIVIIT TO ALLOW FA�ADE AND STTE ' 1VIODIFICATIONS FOR A 1VEW RESTURANT AND BAR AT 19369 STEVENS CREEK BOULEVARD SECTIbN L• PROTECT DESCRIPTION Application No.: ASA-2015-08 Applicant:` ` Jared Taylor, Golden Property Development (Main Street Cupertino) Location: 19369 Stevens Creek`Blvd: SECTION IL•'FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL: WHEREAS, the P1a�.�ululg 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 neeessary public notices have been given as required by the I'rocedural Ordinance of the City of`Cupertino, and the Plaiv.ling Comxriission has held at`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 Planning Coininission 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 zvill be located in the Hearf of the City$pecific Plan Area which is envisioned to j ' serve as a gathering place. The vision for the area and project site encourages commercial and retail use, with supportive residential development. To further'initigate irrcpacts, 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. fr.k �� Resolution No. 6781 ASA-2015-08 May 12,2015 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 harxnony 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 for the building 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 existing 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 restaurant by other retail buildings with associated landscaping and trees. All lights are designed to be 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-2015-08 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-2015-08 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. � r Resolution No. 6781 ASA-2015-OS May 12,2015 SECTION .IIL• CONDITIONS ADIVIINISTERED BY THE COMMUNITY DEVELOPMENT � DEPT. 1. . APPROVED EXHIBITS ' Approval,recommendation is based on the plan set received Apri127, 2015 consisting of 6 sheets, A1, A2,A3, A4, and patio furniture details entitled, "Eureka! Cupertino" drawn by NOOR Architects, Planners; except as may be amended by conditions inthis resolution. 2. ' ACCURACY QF PROTECT 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 approvaLand may require additional review. 3. PREVIOUS CONDITIONS OF Al'PROVAL 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 I 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.`' STOREFORNT WINDOW DETATLS Prior to building permits issuance; the applicant shall work with Staff to`further enhance . bizildirig windows requested to be covered or spandralled due to operational activities such ` "as kitchen, ernployee breakroom etc. , which may include but not be limited to fhe use of ' clear glass, arfwork; backlit features or sixnilar features as determined to be appropriate by the Community Development Director. 6. PEDESTRIAN CIRCULARION Prior to building permit 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 mainfained. 7. SIGNAGE Signage is not approved with this use perrnit application. The storefront awnings and patio umbrellas are not approved for any signage. :Signage shall conform to the City Sign Program. S. FINAL ARCHIT'ECTURAL DETAILS ; The finaT building design and exterior treatment plans shall be reviewed and approved by the Direetor of Community Development prior to issuance of building permits. The �} Director of Community Development may approve additional designs or make minor �' Resolution No. 6781 ASA-2015-08 May 12,2015 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 irt water, nutrients,pest control or other factors as recomm ended 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. � :.�-:-_ �...., r... .,. r . Resolution No.6781 •ASA-2015-08 May 12,2015 12: 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. 13. CONSULTATION WITH OT]EiER DEPARTMENTS I 'I`he 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. 14. FATIO FEATURE MAINTENANCE The :property owner and/or lessee ,shall maintain and upkeep the outdoor patio features including but not limited to umbrell.as, furniture, lighting, etc. and shall replace weathered features wifhin a timely' manner as determined' by the Director of Community Development. 15, 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 "indeinnified parties") from and against any claim, action, or proceeding brought by a third party against the indemrufied parties and the applicant to attack, set aside, or void this ordinance or any pexmit 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. T'he 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. � 4� Resolution No. 6781 ASA-2015-08 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: COMMISSIONERS: Chair Lee,Vice Chair Takahashi, Gong, Sun, Paulsen NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONEIZS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: ,; �' � � � i ' �'Chao Winnie Le , h ir Assist. Dir. of Community Development Planning Co ission � �