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Reso 6797 U-2015-09 . _ , , , � : ` CITY OF CUPERTINO 10300 Torre Avenue . Cupertino, California 95014 , RESOLUTION N0. 6797 ` ' : . OF THE PLANNING COMNIISSIQIV OF,THE CITY OF GUPERTINO _ APPROVING A USE PERIVIIT TO ALLOW A SEPERATE BAR,EXTENDED : HOURS, AND LIVE ENTERTAINMENT AT A PROPOSED RESTAURANT LOCATED IN A MIXED USE bEVELOPMENT AT 10088 N WOLFE ROAD , , , . . ; , . SECTION I: PROTECT DESCRIPTION . APplication 1Vo.: U-2015-09 � � Applicant: IVlarc Dimalanta(Steins Beer Garden) . Locat'rori: 10088 N.Wolfe Road SECTION IL• FINDINGS FOR DEVELOPIVIENT PERMIT: WHEREAS,, the P1��u1u1g Commission o£ the City of Cupertino received an application for a �'`� Development Permit as described:in:Section I. of this Resolution;and �J _ . �. TNHEREAS,the necessary public.notices.have:been given as:reqwred by the Procedural0rdinance of'the City of Cupertino, and the P1u1nu`ig Coinmission has held at least one public hearing in _regard to the application;and WHEREAS, the project is detexmuled. to be categorically exempt from 'the 'Califoxnia Environmental Quality Act(CEQA); and YVHEREAS,the applicant'has met the burden of proof.required to support said application; and ; . .. : WHEREAS,the Plai�uzuzg Coirunission finds as follows witll regard to fhis application: 1. The proposed use, at the proposed location; will.not be detrimentaT or irijurious to properiy or � improvements in the'_vicinity, and will not be detrimental to the public healtli, safety, general welfare,or convenience; The proposed location of the restaurant is located within the South Vallco Park Gateway within the Heart of the City Special Area which encou�ages daytime.and nighttime entertainment activities. .. Additionally, the closest single family residential property is located approximately 830 feet from the proposed restaurant. To ficrther mitigate impacts the applicant shall incorporate adequate measures into ' � the operations to ensure that there is adequate buffering from residences including installation of an odor , abatement system. Adequate security measures are incorporated into the proposed project. Therefore; the proposed use will not be detrimental;to the public'health; safety, and welfare. � , Resolution No.6797 U-2015-09 December 8,2015 2. The proposed use will be located and conducted in a manner in accord with the Cupertino � Comprehensive General Plan and the purpose of this title. The conditions of approval of the project ensure that the proposed restaurant use will be conducted in a manner in accord with the City's General Plan and Municipal Code. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the 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-2015-09 is hereby recommended for approval and that the subconclusions upon which the findings and conditions specified in this reso�ution are based and contained in the Public Hearing record concerning Application no. U-2015-09 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 DEPARTMENT OF COMMUNITY DEVELOPMENT 1. APPROVED EXHIBITS Approval recommendation is based on the plan set received October 29, 2015 consisting of 10 sheets, labeled A0.0, A0.2, A0.3, A2.0, A2.1, A2.2, A3.0, A5.0, A6.0, and A6.1 entitled, "Steins � Beer Garden, 10088 N. Wolfe Road, Suite 130, Cupertino, CA 95014," drawn by D-Scheme Studio; except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT 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 property data may invalidate this approval and may require additional review. 3. ANNOTATION OF THE CONDITTONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 4. EXPIRATION If the use for which this conditional use permit is granted and utilized has ceased or has been suspended for two year or more, this permit shall be deemed expired and a new use permit application must be applied for and obtained. 5. OPERATTONS a. The restaurant shall be operated within the area delineated on the site plan exhibit. � Resolution.No:6797 U-2015-09 _ December:8,:2015. b. The allowed hours of operation-are 10:OOam to:1�1:OOpm,Sunday=Thursday and 1O:OOam to � 12:OOam,Friday-Saturday. _, . ; c. Employees may remain unt�l at-1:0O a.m. to accommodate time for cleanup: d. This permit allows for live entertainxnent indoors and;within the outdoor patio area. Live entertainment within tlie oufdoor patio area shall be limited'to the"'allowed hours in the � Community Noise Ordinance. e. Changes to the bar/restaurant operations determined to,be minor shall be reviewed and approved by the Director of Community Developmerit. , 6. OUTDOOR LIVE ENTERTAINMENT a. The outdoor live entertainiinent shall not produce noise levels above sevenfy dBA on ' any residentiaL property for a period longer than three hours during the daytime. ° Da.ytime is defined to be between 8:00:a.m. and 8,;00 p.m. :b. 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 riinety-five dBA shall not be produced at any location. 7. : HOIJSING MITTGATION ` -: . ., , T`he applicant is required to pay`any outstanding housing rnitigation fees asso.ciated with.the � ° ; app"roved use prio'r to building permit issuance: . , .� ;, ; �_ ,,: . ; , 8. MODIFICATION OF RESTURANT OPERATIONS .. , . : ;:. , , � The Director of Community Development is empowered to make or allow ad'ustrnents to the _ ; - � . ' operation;of the restaurant to address any documented,problem or nuisance situ.ation fihat may ' ` occur or changes proposed by the,restaurant�operafor that are determined fo be minor': : _ ,, 9. `REVOCATION OF USE PERMIT - ' The.Director xnay initiate proceedings'for revocation of the Use Pexmi.t in any case'where, in _ , - `. the judgment of the Director: ; � ,_ - a. Substantial evidence indicates that the conditions of the conditional use permit have.not been implemented, or b. Complaints are received related to the tenant under this use permit, and the complaints are not im�nediately.addressed by the properiy management and/or the tenant, or , . _ . : c. Where the perrnit is being conducted in a manner detrimental to the public health, safety, ; and welfare, in accord with the requirements of the municipal code. : � , , , .. . 10.:,LA4V ENFORIVIBNT SUPPORT ; : , , The property owner shall address security concerns in the event that they arise to;'the satisfaction of the City. The property owrier 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. Resolution No.6797 U-2015-09 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. 11. BUSINESS LICENSE The business owner shall obtain a City of Cupertino business license prior to building permit issuance. 12. STOREFRONT WINDOW DETAILS The storefront windows shall be kept open and transparent to the greatest extent possible. The final floor plan, storefront design and window display shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 13. SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. 14. RESTAURANT ODOR ABATEMENT Applicant shall install an odor abatement system to reduce odor impacts from the restaurant to the adjacent community. The odor abatement system shall be installed prior to final occupancy. Detailed plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 15. MECHANICAL AND OTHER EQUIPMENT SCREENING � To the extent possible, unless demonstrated otherwise, to the satisfaction of the Director of Community Development, all mechanical and other equipment shall be placed in areas not visible from the public street areas. In the event that it is not possible to locate such equipment away from the public street areas, 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. 16. 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. 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 City its actual attorneys' � Resolution No.6797 U-2015-09 December 8,2015 � fees and costs incurred in defense of the litigation: :The City may, in its sole discretion, elect to J defend any such action with attorneys of its choice. 18. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS I The Conditions of Projecf' Approval set forth herein may include certain fees, dedicat�on 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 dedicat�ons, reservations, and`other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reserv�.tions, 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 660Z0,you will be legally barred from later challenging such exactions. SECTION N: CEQA REVIEW The project was determined to be categorically exempt in accordance with the California Environmental Quality Act(CEQA),Public Resources Code Section 21000 et seq per Section 15301 (Existing Facilities) of the CEQA Guidelines because it relates to interior improvements to an existing facility in a development,urban environment. PASSED AIVD ADOPTED this 8th day of December, 2015, Regular 1Vleeting of the Plannulg Commission of the City of Cupertino,State of California,by the following roll call vote: � AYES:- COMMISSIONEIZS: Chair'Lee,Vice Chair Takahashi, Gong,Paulsen, Sun , NOES: COIVINIISSIONERS:none � ABSTAIN: COlVIlVIISSIONERS:none ' ABSENT: CONIlVIISSIONERS:none ATTEST: APPROVED: ,�� � � ' � � �: � ^�� '� I� Piu Ghosh Winnie Lee Principal Planner Chair, P1ai�u1ulg Commi 'on ' � , I �