Reso 6800U-2015-10
CITY OF COUP E][ZTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION ION NO.6800
OF THE PLANNING COMMISSION OF THE CITY OF ClUP ERTINO
APPROVING A USE PERMIT TO ALLOW A S EP ERAT]E BAR AT A PROPOSED
RESTAURANT LOCATED IN A MIXED USE DEVELOPMENT AT 10088 N NOLLE ROAD
SECTION le PROJECT DESCRIPTION
Application No.: 1U-2015-10
Applicant: Alex Miramar (Dop pio Zero ]pizzeria)
Location: 10088 N. Wolfe ]Coad #120
SECTION lle ]FINDINGS FOR DEVELOPMENT PE 1T0
WHEREAS, the Planning Commissions of the City of Cupertino received an application for a
Conditional Use Permit as described in Sections 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 the Planning g Commissions has ]field at least one public bearing in
regard to the application; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1. The proposed use, 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 proposed location of the restaurant is located within the South Vallco Park Gateway within the
Heart of the City Special Area which encourages daytime and nighttime entertainment activities.
Additionally, the closest single-family residential property is located approximately 830 feet from the
proposed restaurant. To further mitigate impacts the applicant shall incorporate adequate treasures 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.
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.
Resolution No. 6800 U-2015-10 March 8, 2016
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. The restaurant proposes to operate
in a Zoning District that allows this use and will remain open between 11:00 a.m. and 11:00 p.m.
Therefore, additional review for late night operations is not required at this time. Adequate parking is
being provided for the proposed use. Outdoor seating is not proposed at this time.
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-2015-10 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-2015-10 as set forth
in the Minutes of Planning Commission Meeting of March 8, 2016, 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 Janurary 12, 2016 consisting of 3
sheets, labeled A-0, A-1, and A-2 entitled, "Doppio Zero Pizzeria, 10088 N. Wolfe Road, Suite
120, Cupertino" drawn by Miramar Design; 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 CONDITIONS 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. OPERATIONS
a. The restaurant shall be operated within the area delineated on the site plan exhibit.
Resolution No. 6800 U-2015-10 lurch 8, 2016
b. The allowed hours of operation are 11e00am to 11o00pm daily. Including employee cleanup
hours.
c. Changes to the bar/restaurant operations determined to be minor shall be reviewed and
approved by the Director of Community Development.
6. OUTDOOR SEATING & PATIO AREA
No outdoor patio area or seating is approved as part of this application. Additional
review and approval will be require by the Director of Commnetiy Development prior
to installation of outdoor patio areas or seating. All patio areas and seating shall be
consistent with the General Commerical Ordinance and the Nineteen 800 Retail Design
Guidelines.
7. MODIFICATION OF R EST URANT OPERATIONS .
The Director of Community Development is empowered to make or allow adjustments to the
operation of the restaurant to address any documented problem or nuisance situation that may
occur or changes proposed by the restaurant operator that are determined to be minor.
8. 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:
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 immediately addressed by the property management and/or the tenant, or
c. Where the permit is being conducted in a manner detrimental to the public health, safety,
and welfare, in accord with the requirements of the municipal al code.
9. LAW ]ENFORM]ENT SUPPORT
The property owner shall address security concerns in the event that they arise to the
satisfaction of the City. The property owner 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.
The City reserves the right to require additional security patrols and/or other measures as
prescribed by the Sheriff's Office or Code Enforcement.
10. BUSINESS LICENSE
The business owner shall obtain a City of Cupertino business license prior to building permit
issuance.
11. STOREFRONT WINDOW DE'T'AILS
The storefront windows shall be kept open and transparent to the greatest extent possible. The
final floor plan, storefront designs and window display shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits.
Resolution No. 6800 U-2015-10 March 8, 2016
12. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to the City
Sign Code.
13. 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.
14. 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.
15. 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.
16. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, the "indemnified
parties") from and against any claim, action, or proceeding brought by a third party
against one or more of the indemnified parties or one or more of the indemnified parties and
the applicant to attack, set aside, or void this Resolution 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 applicant shall pay such attorneys' fees
and costs within 30 days following receipt of invoices from City. Such attorneys' fees and
costs shall include amounts paid to counsel not otherwise employed as City staff and shall
include City Attorney time and overhead costs and other City staff overhead costs and any
costs directly related to the litigation reasonably incurred by City.
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
Resolution No. 6800 U-2015-10 March S, 2016
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(x),
has begun. if you fail to file aprotest within this 90 -day period complying with all of the
requirements of Sections 66020, you will be legally barred from later challenging such exactions.
SECTION IV: CEOA REVIEW
The project was determined to be categorically exempt in accordance with the California
Environmental Quality Act (C EQA), Public Resources Code Sections 21000 et seg per Section
15301 (Existing ]Facilities) of the C EQA Guidelines because it relates to interior improvements
to an existing facility in a development, urban environment.
PASSED AND ADOPTED this 8th day of March, 2016, Regular Meeting of the Planning
Commissions of the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS: ERS: Chaim Takahashi, Nice Chair Gong, Sun, Lee
NOES:
COMMISSIONERS: ERS: none
ABSTAIN:
COMMISSIONERS: I®li ERS: none
ABSENT:
COMMISSIONERS: ERS: Paulsen
ATTEST:
Beni -a m ]Eau
Assist. Dir. of Community Development
Alam Takahashi
Chaim, Planning Commissions