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Reso 6795 ' U-2015-08 CITY OF CUPERTINO � , 10300`Torre Avenue Cu.pertino, California 95014 ; RESOLUTIOIV NO: 6795 � OF THE PLANNING CQMIVIISSION OF THE CITY OF CIJPERTINO APPROVING A USE ` , , _ PERMIT TO ALLOW A RESTAVRANT VIIITH LATE HQURS AND A BAR LOCATED IN A �'�, , . . . , ; � , 1VIIXED USE DEVBLOPMENT AT 19379 STEVENS CREEK BOULEVARD � , , :;-. SECTION I: PROTECT DESCRIl'TION. ' Apphcation No.: ` U-2015=08 � Applicant: ' Jonathan Siu,Alexander's Steakhouse ; Location: ` 19379 Stevens C'reek'Blvd. ' SECTION IL• FINDINGS FOR DEVELOPNlENT PERMIT: -- _ ,. WI�EREAS, the Plannulg Commission of the City of Cupertino received an application for a, Use Permit as described in Section L of this'Resolution; and WT IEREAS, the 'necessary public notices have: been given as required by .the;, Procedural � Ordinance of the City of Cupertino, and�the Plai�u-ii�1g Commission has`held'at least one public hearing.in regard to the application; and � UVHEREAS, the project is determuzed to be categorically. exempt from the California Environmental Quality Act(CEQA); and: ' , , WI=IEREAS, the applicant has met the bu.rderi'of proof required to support said application; , , � ancl� , ��:., �. . .. �. ��� ���� WHEREAS;the Plannulg Comrnission finds as follows with regard to this application: 1. The proposed use, at the proposed,location,:will not be detrimental or injurious fo pxoperty or improvements in the vicinity, and wi11 not be detrimental .to the public ; � ,. healfh,;safety, general welfare,�or.convenience; ' ,: , , The,new restaurant with bar will be located'withi.n the;Main Street Cupertino project; which encourages commercial and retail,use,_wath supp,ortive residential development. IVlain Street is envisioned to serve as a gathering place that supports the creation of a Main Street like ' ;environment which is consistent witli tlie�request for late night hours of operation'for the -` ` restaurant. 'To ficrther mitigate impacts;:the`applicant shall incorporate adequate'measures into the operations to ensure there is adequate buffering from residences including installation of an odor abatement system and as conditioned, and the applicant will prepare a security plan zvhich will be reviewed and approved by the Sheriff's Department, Therefore; the proposed use will not � be detrimental to the public health, safety, and welfare. Resolution No.6795 U-2015-OS December 8,2015 2. The proposed use will be located and conducted in a manner in accordance with the � Cupertino Comprehensive General Plan and the purpose of this title. The proposed use complies with the Cupertino General Plan and Municipal Code requirements, including but not limited to,parking regulations, hours of operation, 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-2015-08 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- 2015-08 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. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT 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, Al.l, A2.1, A2.2, A6.0 and A6.1 entitled, "Tenant Improvement Alexander's Steak House" drawn by D- Scheme Studio; except as may be amended by conditions in this resolution. 2. ACCURACY OF PRO,JECT 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 CONDITTONS 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. ANNOTATTON 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:Na 6995 U-2015-08: December 8,2015; '' 5. < COUENANT DISCLOSURE . ,.._ ,. _ � The ro er is`under a Cu ertino lanned d"evelo ment zonin and ro er uxchasers P p t3' � P P P g P P -tY P should check wifih the City to determine the specific restrictions under the Planned Development Zone and reTated'permits. 6. OPERATIONS ,� ` 'a `I'lie'outdoor patio shall be operated witivn tlze area:delineated:on the site plan exhibit. Changes deemed minor may be reviewed and approved by the Director of Community ' Development. b. The restaurant is approved to remain open to customers between 7:OQ a.m. and 1:00 a.m. daiTy. `. 'c. Employees may enter the establishment at 6:00:a.m.'for prep, and may remain uritil 2:00 a.m. to accommodafe time for clean up. d. Ghanges to the restaurant operations deterrnined to be minor shall be reviewed and , ; approved by the Director of Community Development. 7; ` KITCHEN bDOR ABATEIVIEIVT ' ` All new fac'ilities with a kitchen'to prepare food shall install odor abatemenf systems to ' reduce odor'impacts`from tlie kitchen to tlze adjacerif corimmunify. The odor abatement ' systerns shall be;iristalled prior to'final`occupancy of the associated busixtess. Detailed plans � shall;. be reviewed and approved by the Director of Community Development prior to issuance of building permits. � 8. ' BLTSINESS LICENSE ' The business owners shall obtain a City of Cupertirio'business"license' prior to building ; permit issuance. 9. AI:COHOLIC BEVERAGE CONTROL LICElVSE ; � - ` The appli�ant shall �obtairi and adhere to t11e appropriate California Deparfinent of � ., ; ° Alcbholic Beverage Control License(s) (ABC) in conjuncfion with the proposed service:. 10: SECIJRITY PLAN � T�ie applicant shall develop a security;plan for the restaurant and bar that shouid reference ' the comprehensive security plari for °the 1Vlain Street Cupertino project as required by ' Resolution 12-098. The plan shall be prepared by the applicant and approved by the Sheriff's Departmentprior to final occti:pancy: ` ' 11`: SHERTFF DEPART-IVIENT REVIEW ` The'property owner'shall address security concerns in the event'thaf they arise to the satisfaction of the City. ' The property owrier ' sliall -pay for any additional Sheriff - enforcexnent time resulting from documenfed inciderits in:the development at the City's ' eontracted'hourly rate with the Sheriff Departxnent at.the time of the inciderit. � - 'I Resolution No.6795 U-2015-08 December 8,2015 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. 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. 13. MODIFICATION OF DRINKING ESTABLISHMENT OPERATIONS The Director of Community Development is empowered to make adjustments to the operation of the restaurant and bar to address any documented problem or nuisance situation that may occur. 14. 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. 15. 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. 16. 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. 17. 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 � Resolufion No.6795 U-2015-08 December 8,2015 < with all of-the requirements of Section 66020, �you `.will be legally barred from later � challenging such exactions. PASSED AND AIDOPTED this 8th day of December, 2015,at the Regular Meeting of the Planning Coinmission of the City of Cupertino, State of California, by the following roll call vote: AYES: COlVINTlSSIONERS: Chair Lee,Vice Chair Takahashi, Gong,Paulsen, Sun NOES: . COMNIISSIONERS:none ABSTAIN: " COMIVIISSIONERS:none ABSENT: COMIVIISSIONEIZS:none ATTEST: APPROVED: - � . �"3._--__" � '`"�� �� � �' , � .� �Piu Ghosh Winnie Lee Principal Planner' ; Chair, Planning Co •ssion �� � �