Reso 6796 . , =ASA-2015-26
,
� : CITY OF:CUPERTINO _ �I
, 10300 Torre Avenue ',
- ' Cupertino,:California 95014
RESOLUTION NO. 6796
OF THE PLANNING COIVIIVIISSION OF THE CITY OF CUPERTIIVO APPROVING AN -
ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW SITE IVIODIFICATIONS FOR A
` ' NEW RESTURANT AND BAR AT 10088 N WOLFE`ROAD
:, ,, :
SECTION L PROTEC'�DESCRIPTION .
_
,Application No.: ASA-2015-26
Applicant: '` 1Vlarc Diinalanta (Steins Beer Garden) '
L;ocation: : 10088 N.Wolfe Road .
SECTIOlV II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the P1a��u1u1g Cornmission;of the City of-Cupertino received an applieation for an
Architectural and Site Approval as described in Section L of this Resolution; and
� WHEREAS the necessa ' ublic notices have been iven as re uired b the Procedural`Ordinance
� rY P . g q Y
of the City of Cupertino; and the Planning Commission has held at least one public hearing in
regard to the application; and
UTHEREAS, the project is determined to be categorically exempt frorn the : California
Environmental Quality Act(CEQA); and ,
WHEREAS,the applicant has met the burden of proof required to support said application; and
WHEREAS, the Plannuzg Commission finds as follows with regard to this application: '
1. The proposal, at the proposed location, will not be detrimenfal 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 will be located in the South Vallco Park Gateway within the Heart of the' City
Specific Plan Area which is envisioned to serve as g,gathering place. The vision for the area and project
site;encourages commercial and retail use, with supportive residential development. To further mitigate
impacts, the applicant shall incorporate adequate measures into the operations to ensure that there is
ade uate bu erin om residences includin installation o an odor abatement s stem. In addition the
9 .ff 8.�" S f y , ,
�` applicant has p.repared a seeurity plan to mitigate security concerns. Therefore, the proposed use will not
- be detrimental to the public health, safety, and zuelfare.
�
1
, �_
Resolution No.6796 ASA-2015-26 December S,2015
determined to be minor shall be reviewed and approved by the Director of Community
Development. �
9. 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.
10. 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.
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. 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 indexnnified 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.
13. 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.
�
Resolution No. 6796 ASA-2015-26 December 8,2015
� PASSED AND ADOPTED this 8th day�of December 2015, at the Regular 1Vleeting of the Plantlitlg
Con�unission of the City of Cupertino, State of California,by the following roll call vote:
AYES: COM1VlISSIONERS: Chair Lee,Vice Chair Takahashi, Gong, Paulsen,Sun
NOES: COMIVIISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none,
ATTEST: APPROVED:
� � '
�� " - t ' ,
Piu Ghosh : Winnie Lee '
Principal Planner Chair, Planning Commissi
�
�