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Reso 6784 U-2015-03 ,.-� CITY OF CUPERTINO �,,,� ` - 10300 Torre Aveniae Cupertino, California- 95014 RESOLUTION N0: 6784 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERIVIIT TO ALLOW A DRINKING ESTABLISHNlENT`WITI-I LATE FiOURS,AND LIVE ENTERTAINMENT LOCATED IN A MIXED USE DEVELOPMENT AT 19389 STEVENS CREEK BOULEVARD SECTION L• PROTECT DESCRIPTION Application'No.: U-2015-03 Applicant:'' Lexi Moriarty;Rootstoek"Wi.ne Bar Location: 19389 Stevens Creek'Blvd:'(Main Street Cupertino) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: .. WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit as described in Section I. of this Resolution; and rf 'R,, , `'��...�1 WHEREAS; the necessary public,,notices have been given -as required by fhe Procedural Ordinance of the City of Cupertino,;and the P1aruluzg Commission 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 Commission finds as follows with regard to,this application: i , , ' 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 detrinmental to the public health, safety, general welfare, or convenience; The new wine bar will be located in the Main Street Cupertino project, , which is envisioned to serve as a gathering place that supports the creation of a Main Street like environment which is consistent with the re�uest for live entertainricent. The vision for the area encourages coinmercial and retail use, with supportive residential development. To further mitigate impacts the applicant shall incorporate adequate ineasures"into the'operations.to ensure there is adequate buffering from residences including installation of an odor abaterrcent system and as conditioned, outdoor live entertainment wall not exceed noise levels consistent with the regulations for public ' events, and the applicant has prepared,g security plan which will be reviewed and approved by the Sheriff's Department. TherefoYe, the proposed use zvill,not be detrimental to the public health, �� \�r safety, and welfare. �.���' Resolution No.6784 U-2015-03 July 28,2015 2. The proposed use will be located and conducted in a manner in accord with the � Cupertino Comprehensive General Plan and the purpo se of this title. The proposed use complies with the Cupertfno General Plan and Municipal Code requirements, including but not limited to, parking regulations, hours of operation, outdoor noise requirements, and security measures. 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-2015-03 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- 2015-03 as set forth in the Minutes of Planning Commission Meeting of July 28, 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 June 10, 2015 consisting of 17 sheets, A-1.0, A-2.0, Exterior View of kitchen windows (sheet 3), Interior view example (sheet 4), and patio furniture details entitled sheets 5-17, titled "Rootstock Wine bar" drawn by TETCA Associates;except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT 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 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 T'he 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. � Resolution No.6784 U-2015-03 July 28,2015 �l 5. �OPERATIONS : �:J a. The wine bar and outdoor atio shall be o erated within the area delineated on the site P p plan exhibit. b. The wine bar is approved to remain open to customers between 8:00 a.m. and 1'00 a.m: I' daily. ` c. Employees may enter the establishment at 7:00 a:m. for prep, and may remain until at 2:00 a.m.to accommodate time for clean up. d: This permi.t'allows for `live entertainment indoors and witivn t11e outdoor patio area. Live entertainment within the outdoor patio area shall ceaseby 1:00 a.m. e. Changes to the wine bar operations determined to be minor shall be reviewed and approved by the Director of Community Development. 6. OUTDOOR LNE ENTERTAINIVIENT - a. The outdoor live entertainment shall not prqduce noise levels above seventy dBA on any residential property for a period longer than three hours during the daytime.'IJaytime is defined to be between 8:00,a.m. and 8:00 p.m: : �U.' The outdoor live entertainment shall not produce noise levels above sixty dBA ' on any residential property during the period from 8:00 p.m. to 11:00 p.m., and above fifty-five dBA after 11:00 p.m. c. Continuous or repeated peak noise levels above ninety-five dBA shall not be �- produced at any location.. �� ; d. _Outdoor live entertainment is not allowed before 8:00 a.m. or after 1:00 a.m. ` 7. KITCHEN ODOR ABATEMENT All new facilities with a kitchen to prepare food shall install odor abatement systems to reduce odor impacts from the kitchen to the adjacent community. The,odor abatement systems shall be installed,prior to final occupancy of the associated business. Detailed plans shall be.:r.eviewed and approved by the Director of Community Development prior to issuance of building permits. 8. BUSINESS LICENSE The business owners shall obtain a City of Cupertino business license prior to building perrnit issuance. 9. ALCOHbLIC BEVERAGE CONTROL LICENSE _ ,, , The applicant shall obtain and adhere to the appropriate California Department of Alcoholic Beverage Control License(s) (ABC) in conjunction wifh the proposed service. 10. SECURITY PLAN � 'The applicant shall develop a security plan for the wine bar that should reference the compreherisive security plan for the Main Street Cupertino project as required by �� Resolution No.6784 U-2015-03 July 28,2015 Resolution 12-098. The plan shall be prepared by the applicant and approved by the � Sheriff's Department prior to final occupancy. 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. 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 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. 14. MODIFICATION OF DRINKING ESTABLISHMENT OPERATIONS � The Director of Community Development is empowered to make adjustments to the operation of the wine bar to address any documented problem or nuisance situation that may occur. 15. 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 the 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 Chapter 19.12, Administration, of the municipal code. 16. EXPIRATION If the use for which this conditional use permit is granted and utilized has ceased or has been suspended for one year or more, this permit shall be deemed expired and a new use permit application must be applied for and obtained. 17. 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 Resolution No.6784 U-2015-03 July 28,2015 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. 18. 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 Governmenf 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. PASSED AND ADOPTED this 28th day of july, 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: COIVIMISSIONERS:none ATTEST: APPROVED: �� G y o Winnie Lee, h� ir � `Assist. Dir:of Community Development Planning Commission �