Reso 6833U-2017-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6833
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO TO ALLOW A
SEPARATE BAR FACILITY WITHIN A NEWLY PROPOSED RESTAURANT (STOUT
BURGERS AND BEERS) WITHIN THE NINETEEN800 MIXED-USE DEVELOPMENT.
SECTION I• PROTECT DESCRIPTION
Application No.: U-2017-02
Applicant: Philip Camino
Location: 10088 N. Wolfe Road Ste. 100 (A.P.N. 316-20-108)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to allow for a separate bar facility within a newly proposed restaurant; and
WHEREAS, the project is categorically exempt from the California Environmental
Quality Act (CEQA) per Section 15301 (Existing Facilities) of CEQA as it pertains to
interior improvements to an existing facility; and
WHEREAS, the necessary public hearing notices have been given as required by the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
at least one public hearing in'regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds:
1. The proposed development and/or 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 with bar is within the South Vallco Park
Gateway of the Heart of the City Special Area which promotes activities that contribute
to more active uses in public spaces. The proposed conditional use is within the purview
Resolution No. 6833 U-2017-02 June 13, 2017
Page 2
of typical modern restaurant operations and will be conducted within the interior of an
existing tenant space of a mixed-use development. Therefore, the proposed use will pose
no detriment to the property and adjacent developments.
2. The proposed development and/or use will be located and conducted in a manner in
accordance with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
The proposed project is consistent with and will be conducted in a manner in
accordance with the General Plan, Zoning Ordinance and is consistent with
previous approvals. Furthermore, the use is categorically exempt under CEQA in
that the proposed project involves negligible changes to an existing use and is
within an existing urban environment within the city limits.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in Section III of
this Resolution beginning on Page 2 thereof, the application for a use permit, Application
No. U-2017-02 is hereby approved; and
That the sub -conclusions upon which the findings and conditions specified in this
Resolution are based and contained in the public hearing record concerning Application
U-2017-02 as set forth in the Minutes of the Planning Commission Meeting of June 13, 2017,
and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "Stout Burgers and Beers 10088 Wolfe Road,
Suite 100" consisting of four (4) sheets labeled as K0.0, K0.1, K3.0, and K3.1, drawn by
Restaurant Design Concepts, Inc. dated June 2, 2017, except as may be amended by
conditions in this resolution.
2. ACCURACY OF PROTECT 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.
Resolution No. 6833 U-2017-02 June 13, 2017
Page 3
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. OPERATIONS
a. The restaurant shall operate within the area delineated on the site plan exhibit.
b. The allowed hours of operation are 11:00am to 11:00pm daily.
c. Changes to the bar/restaurant operations determined to be minor shall be
reviewed and approved by the Director of Community Development.
5. MODIFICATION OF RESTAURANT 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.
6. 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 code.
7. LAW ENFORCEMENT 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's
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.
Resolution No. 6833 U-2017-02 June 13, 2017
Page 4
8. 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.
9. 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.
10. 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.
11. BUSINESS LICENSE
The business owner shall obtain a City of Cupertino business license prior to building
permit issuance.
12. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to
the City Sign Code.
13. OUTDOOR SEATING & PATIO AREA
No outdoor patio area improvements are approved as part of this application.
Additional review and approval will be required by the Director of Community
Development prior to installation of outdoor patio areas or seating arrangements. All
patio areas and seating shall be consistent with the General Commercial (CG)
Ordinance and the Nineteen800 Retail Design Guidelines.
Resolution No. 6833 U-2017-02 June 13, 2017
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14. 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.
15. 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.
16. 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. 6833 U-2017-02 June 13, 2017
Page 6
PASSED AND ADOPTED this 131h day of June, 2017, at the Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Paulsen, Liu, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
Benjamin Fu Don Sun
Asst. Director of Community Development Chair, Planning Commission