Reso 6785 ASA-2015-16
� CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, Califorriia 95014
RESOLUTIOIV NO. 6785
OF THE PLANNING COMIVIISSION OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE APPROVAL PERIVIIT TO ALLOW SITE MODIFICATIONS
FOR A WINE_BAR AT 19389 STEVENS CREEK BOULEVARD
SECTION I: PROLECT DESCRIPTION
Application No.: ASA-2015-16
Applicant: Lexi Moriarty, Rootstock Wine Bar
Location: 19389 Stevens Creek Blvd. (Main Streef Cupertino)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Coinmi.ssion of the Ciiy of Cupertino received an application for an
Architectural and Site Approval as described in Section I.of this Resolution;and '
O WHEREAS,: the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino,`and the Planning Cox�i�nission 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 Con�unission 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 wine bar will be located inside a previously appr.oved'building in a mixed use development,
which is envisioned to serve as a gathering place that supports the creation of a Main Street-like
environinenf. 'The proposal will add architectuYal enhanceinents within a previously approved patio
area. These improvements will`be corrcpleted in compliance'with Building Code Requirements.
Therefore, the proposal ivill not be detrimental to�the public health, safety, and welfare.
2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site
Review, of the Cupertino Municipal Code, the General Plan, and Heart of the City specific
plan, zoning ordinances, conditional use permits; exceptions, subdivision maps, or other
� �` enti#lements to use which regulate the subject: property including, but not limited to,
� adherence to the following specific criteria:: `
Resolution No. 6785 ASA-2015-16 July 28,2015
a) Only minor changes have been proposed to the existing building that does not affect the �
overall architectural quality of the building.
Only the necessary site and building modifications/improvements associated with the wine bar
operation are proposed.
b) Design harmony 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 enhancements for the 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 harmonize 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. All lights are low intensity,
designed to light only the patio area, and are directed away from the nearby 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-2015-16 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-2015-16 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
Resolution No. 6785 ASA-2015-16 July 28,2015
(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. AGCURACY OF 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 pr.operty data may invalidate tlus approVal and inay require additional review. `
3. PREUIOUS CONDITIONS OF APPROVAL; ;
; All previous conditions of approyals,from 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: determule the specific restrictions under the Planned
DeVelopment Zone and related permits.- �
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5. ` ANNOTATION OF THE CONDITIONS.OF APPROVAL `
The conditions of approval set forth shall be incorporated into and annotated on the first
page of txie building plans.
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6. CO1VSULTATION WITH OTHER I�EPARTMENTS
. . . ::: �
The;applicantis responsible to consult with other deparixnents and/or agencies with regard.
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to the proposed project for additional conditions and requirements. Any misrepresentation
of any,submitfed data may invalidate an approval by the Community Development
Department.
7. SIGNAGE
Signage, is not approved with this Architectural and Site Approval application. The
' storefront awnings and patio umbrellas are not approved for any signage. Sigriage shall
conform to the 1Vlain Street Sign Program.
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�, 8. PINAL 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 pexmifs. The
Director of Community Development may approve additional designs or minor changes as
deemed appropriate. Specifically, the following items shall be addressed prior to building
perrnit issuance:
a. The pla�.�u-iing division shall review the final design of the patio area including the patio
wall, seating, lighting, shade umbrellas, landscaping, etc. prior to final on building
permit issuance.
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Resolution No.6785 ASA-2015-16 July 28,2015
9. PATIO FEATURE MAINTENANCE �
The property owner and/or lessee shall maintain and upkeep the outdoor patio features
including but not limited to umbrellas, furniture, lighting, etc. and shall replace weathered
features within a timely manner as determined by the Director of Community
Development.
10. MECHANICAL EOUIPMENT SCREENING
All rooftop and ground mounted mechanical equipment 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.
11. 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. 4
12. 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.
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Resolution No.6785 ASA-2015-16 July 28,2015
: ;
O PASSED AND ADOPTED this 28th day of July 2015; af the Regular Meeting of the P1��uiulg °
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: -COMIVIISSIONERS:none
ABSENT: COMNlISSIONEIZS:none
ATTEST: APPROVED:
...-- �
ry o Winnie Lee,
Assist.Dir. of Community Development Planning Coininission
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