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Reso 6794 ASA-2015-08 � , CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 �, RESOLUTION N0: 6794 OF THE PLANNING COlVIlVIISSION OF`THE`CITY OF CIJPERTIlVO APPROVING A1V ARCHITECTURAL AND SITE APPROUAL PERMIT'TO AT:I,OW FA�ADE AND SITE'MODIFICA'PIONS FOR'A NEW RESTURANT`AND BAR ' AT 19379 STEVENS CREEK BOLJLEVARD SECTION I: PROJECT DESCRIPTION Application IVo.: ASA-2015-25 : : Applicant: Jonathan Siu,Alexander's Steakhouse - Location: 19379 Stevens Creek`'Blvd. SECTION II: ;FINDINGS FOR ARGHITECTURAL�AND SITE�APFROVAL: UIHEREAS, 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 the City of`:Cupertino, and tlie PTaili.lulg`Coin�nission has held afi least one public liearirig:in regard to the application; arid WHEREAS, :the projecf is determined to be categorically exempt from the California Eiivironmental Quality Act(GEQA); and WHEREAS; the applicant has met the burden of proof required to support said application; and WHEREAS,the Planning Corrunission finds as follows with regard to this application: �I : ' , ; � 1. The proposal, at the proposed location, will not be detrimenfal or irijurious to property or : improvements-�in the vicinity, and .will.not be detrimental,to the public health, safety; , � .� general welfare;,or convenience in that; The new restaurant will be located within the Main �Street Cupertino project, which is envisioned to serve as a gathering place that encourages commercial and retail use, with.supportive residential , _ development. To further mitigate impacts, the applicant shall incorporat"e ddequate measures into the ` ` operdtions to ensure that there is adequate buffering fro'in residences including installation of an odor 'abatement system. In addition, the applicant� will;prepare" a security plan to mitigate security � concerns. Therefore, the proposed use zvill not be detrimental to the public health;safety,'arid ivelfare: Resolution No.6794 ASA-2015-25 December 8,2015 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. T'he project is not proposing to significantly alter the exterior of the existing one story retail building. There are no changes to the building as a part of this permit. The applicant is proposing new railing for the outdoor patio areas. 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 and materials of the proposed site improvements for the patio areas 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 hazazds and shall positively affect the general appearance of the neighborhood and hannonize with adjacent development. Main Street Cupertino has an approved sign program that the tenant will comply with. A� No signage is proposed 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 and existing residences are buffered from the restaurant by other retail buildings with associated landscaping and trees. All lights are designed to be directed away from all neighboring 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 begulning on PAGE 2 thereof,: The application for an Architectural and Site Approval, Application no. ASA-2015-25 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-2015-25 as set forth in the Minutes of Planning Commission Meeting of December 8, 2015, � and are incorporated by reference as though fully set forth herein. Resolution No. 6794 ASA-2015=25 -December 8;2015 � SECTION III: CONDITIONS ADMINISTERED BY THE CONINIUNITY DEVELOPIVIENT DEPT. . 1. APPROVED EXHIBITS ;Approval recommendation is based on the plan set received October 8, 2015 with revisions received on November 18,2015 consisting of 7 sheets, A0.0,A2;A0.1,A0.2, A1.1,A2.1,A2:2, ,;A6.0,, and-A6.1_ entitled, "Tenant, Ixnprovement Alexander's Steak House" drawn,by.'D- , _ , , Seheme Studio; except as may be,amended by conditions in this resolution. 2: ACCURACY OF PROJECT PLANS T�ie applicant/property owner is responsible to verify all pertinent property data including, �, , - , . ; but not limited to property boundaiy locations, biailding setbacks,':property size, building ; square footage, any relevant easements and/or construction records. Any misrepresentation of ariy property data may invalidate this.approval and rriay require additional review.; 3.- PREUIOUS CONDITIONS OF APPROUAL ` All pre�ious conditions of approval`form Resolution No. 12-098 and Resolutiori No: 14-122 shall remain in effect unless 'superseded "by or in `coriflict 'witll subsequent conditions of approval,including the conditions contained herein iri this resolution. ��- 4: ' COVENANT DISCLQSURE , . � 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 Developrnent Zone and related.perrnits: ` - 5. STOREFORNT.WINDOW DETAILS�,_ , ; �: . , , . .: , . . , Prior to building permits issuance, the applicant shall work with Staff to further enhance building windows requested to be�covered or sparidralled due to operational`actiyities:such ` as kitcheri; employee breakroom etc.';.=which may include but not,be limited�to the use of clear glass; artwork; backlit features or similar features as deterinuled to:be appropriate by . ' fhe Cornxnunify Development Director. <. - 6:, '"PEDESTRIAN CIRCLJLARION : 'Prior to building perini.t issuance the pedestrian.circulation from the parking lot and publie , . . , ;� � � right of way to the restaurant shall be reviewed to ensure that accessible paths of'travel are being maintained. _ 1 7. <SIGNAGE .. , Signage is not approved with this permit application. The;patio umbrellas are not approved for signage: Signage shall conform fo the Main Street Cupertino Sign Program. 8. - FINAL ARCHITECTURAL DETAILS _. . The final,building design and exferior treatment plans shall be reviewed arid approved by � the Director of Community Developmerit' prior to issuance of`building permits. The Director of Community Development may approve additional design"s or make rninor Resolution No.6794 ASA-2015-25 December 8,2015 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 west 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 railing, seating, lighting, shade umbrellas, landscaping, etc. prior to building pernlit issuance. 9. LANDSCAPE AND IRRIGATTON 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. 10. 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. T'he 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. 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. 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. _ :;,.., ,,, ,:. Resolution No.6794 ASA-2015-25 December 8,2015 I � � 13: CONSULTATION WITH QTHER D�EPARTMEIVTS The applicant is responsible to consult with other deparhnents and/or agencies with regard ' to fhe proposed project for additional coriditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 14: INDEIVINIFICATION To the extent permitted by law; the Applicant shall indeiYulify and hold harmless the City, its City Council, its officers, employees and agents (the "indein�.lified parties"} from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to aftack, set aside, or void this ordinance or any peimit 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. ` 15: NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS The�Conditions'of Project Approval set forth herein may include certain fees; dedication : , requirements; reservation requirernents, and other exactions. Pursuant to Government ` Code Section 66020(d) (1), these Conditions constitute written notice of a staternent 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 approyal period in which you may protest � these fees; dedications, reservations, and other exactions, pursuant to Goverrunenf Code Section 66020(a),has beguri. If you fail to file a protest'withiil this 90-day period complying ' witl-i all of the requirements of Section 66020, you will be legally barred from lafer . challenging such exactions. PASSED A1VD ADOPTED this 8th day of December 2015, at the Regular Meeting ,of fhe Planning Commission of the City of Cupertino, State of California, by the following.roll call vote: AYES: COMMFSSIONERS: Chair Lee,Vice Chair Talcahashi, Gong,Paulsen, Sun NOES: COMIVIISSIOIVERS:none ABSTAIN: COMIVIISSIONERS:none � ABSENT: COMMISSIONERS:none ATTEST: APPROVED: ¢ , l/��� /l/`"� �''.��— : , �- �. � �-, Piu Ghosh 4 Winnie Lee Principal Planner Chair;Planning Co ' sion � .