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CITY OF
CUPERIINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
ConlmLlnity De'uelopment Department
January 4, 2007
Janet Lau
5900 Optical Court
San Jose, Ca. 95138
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2006-11, ASA-
2006-23, EXC-2006-11
This letter confirms the decision of the Planning Commission, given at the
meeting of December 12, 2006, approving a Use Permit, Exception and
Architectural and Site approval for a full service bar, a sign exception to allow a
sign (statue) to exceed the number and height allowance for signage and
architectural changes and outdoor seating for a restaurant, located at 19770
Stevens Creek Boulevard, according to Planning Commission Resolutions Nos.
6436, 6437 and 6438.
Please be aware that if this permit is not used within a two-year period, it shall
expire on December 12, 2008.
Please note that an appeal of this decision can be made within 14 calendar days
from the date of this letter. If this happens, you will be notified of a public
hearing, which will be scheduled before the City Council.
~rrelY' ,y. i)
1J~}(\JL-z
Senior Planner
Enclosures:
Resolutions 6436, 6437 & 6438
CC : KCR Development, 19770 Stevens Creek Blvd., Cupertino CA 95014
ASA-2006-23
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6437
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL SITE APPROVAL (ASA-2006-23) FOR MINOR
ARCHITECTURAL CHANGES AND OUTDOOR SEATING
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
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;
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; and
3) The proposed development is consistent with the Heart of the City Specific Plan
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for an Architectural and Site Approval is hereby
approved, subject to the conditions which are enumerated in this Resolution beginning
on Page 2 thereof; 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. ASA-2006-23 as set forth in the Minutes of the Planning Commission Meeting of
December 12, 2006, and are incorporated by reference as though fully set forth herein.
Resolution No. 6437
Page 2
ASA-2006-23
December 12, 2006
SECTION II: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2006-23
Janet Lau (Merlion Restaurant)
19770 Stevens Creek Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Outdoor Patio
Layout, Merlion Marketplace Restaurant, Cupertino Marketplace, 19628 Stevens
Creek Boulevard, Building A, Cupertino, CA, Revised November 22, 2006"
consisting of 4 sheets, except as may be amended by the Conditions contained in
this Resolution.
2. PARKING REVIEW
After completion of the project (or earlier if complaints received from neighbors),
the project shall return to Planning Commission for review of parking.
3. RESTAURANT ODOR ABATEMENT
As per City Council request, all new and existing restaurants in the Marketplace
Shopping Center shall install odor abatement system to address the neighborhood
odor concerns as identified in the Initial Study presented to the Environmental
Review Committee on December 14, 2005. The odor abatement systems in new
restaurants shall be installed prior to final occupancy of their associated tenant
spaces. All existing restaurants shall install odor abatement systems prior to final
occupancy of Building C. This condition does not apply specialty food uses as
defined by the Ordinance.
4. REPLACEMENT PALM TREES
As identified in the Initial Study presented to the Environmental Review
Committee on December 14, 2005, the 10 existing Mexican Fan palm trees (lining
up the existing entry drive) removed shall be replaced by 10 new field grown
palms. The applicant shall work will staff and the City Arborist to locate the new
palms along the shopping center entry drive. This may mean some of the existing
roof eaves and/ or concrete work along Building A will need to be modified to
allow sufficient room for the new palms to grow. The existing dead canary island
palm shall also be replaced by a field grown palm in kind. A bond for the value of
installation of the replacement palm trees shall be submitted to the Planning
Department prior to issuance of the building permit for the restaurant. The bond
Resolution No. 6437
Page 3
ASA-2006-23
December12,2006
will guarantee replacement of the palms by June 30, 2007 and be released when the
trees have been planted and proof that a covenant identifying the trees as heritage
trees has been recorded against the property has been submitted.
7. RECIPRICAL ACCESS AND PARKING EASEMENT
A reciprocal access and parking easement covenant shall be recorded between the
three parcels as part of the shopping center. In addition, the applicant shall record
a deed restriction for necessary reciprocal ingress and egress easement between
the subject property and the abutting shopping center to the east. The easement
language shall be reviewed and approved by the City Attorney prior to issuance of
final occu pancy.
8. TRASH AND DELIVERY ACTIVITIES
A detailed refuge and truck delivery plan must be prepared by the applicant. The
plan shall specify locations of trash facilities, refuge pick up schedules and truck
delivery schedules and routes. All trash facilities must be screened and enclosed
to the satisfaction of Public Works Department. The final plan shall be submitted
to the City for review and approval prior to issuance of building permits.
9. USE LIMITATION - REAR CORRIDOR
As per use permit 16-U-76, the existing restaurant and specialty food services
involving on-site food preparation which are located adjacent to the gated portion
of the rear corridor may remain; however, new food services involving on-site
food preparation shall not be permitted in this area. The intent of this condition is
not only to prevent an increase in the number of above described food
establishments adjoining the rear corridor, but also, upon termination of
occupancy, to preclude replacement of existing establishments with food services
that require a new use permit. For example, an existing sit-down restaurant could
be replaced by another sit-down restaurant) provided the new restaurant was no
larger than the existing one and had similar operating characteristics), but an
existing sit-down restaurant could not be replaced by a specialty food store.
10. USE LIMITATION - SITE
Uses allowed on-site shall be any such use that is permitted in the CG (General
Commercial) zoning district. The applicant shall provide documentation that
shows sufficient parking is available for any change in use, subject to staff
approval.
11. FIXTURE AND FINAL WATER FEATURE APPROVAL
The applicant shall select high quality metal or wood outdoor furniture and
submit the selections to staff for approval prior to issuance of building permits.
Any outdoor furniture, including umbrellas and heating fixtures, shall also be
submitted to staff for approval. The applicant shall also submit final details for the
Resolution No. 6437
Page 4
ASA-2006-23
December 12, 2006
water feature base to staff for review. The base shall be of stucco or colored
concrete to blend in with the building.
12. BICYCLE PARKING
The applicant shall install one secured bicycle device, such as a bicycle rack, for
every 6,500 square feet of the commercial building floor area throughout the entire
center. In addition, six enclosed bicycle lockers shall be provided for each of the
two-story retail! office building (buildings A and B).
13. CONSTRUCTION PHASING
The applicant shall prepare a construction phasing schedule, demonstrating
completion of the project within _ years of this approval. The construction
phasing schedule shall detail critical milestones of the construction and shall
provide monetary penalties if the building construction phasing does not comply
with the stated milestone dates. The applicant shall post a cash deposit in the
amount of _ naming the City as beneficiary. If the critical construction phasing
is not completed in accordance with the construction schedule, the City at its own
discretion will assess a penalty that shall be deducted from the deposit. The
applicant shall agree to this condition in writing prior to issuance of building
permits. Staging of construction equipment shall not occur within 250 feet of any
residential property.
14. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials were recycled prior to issuance of final demolition
permits.
15. 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. 6437
Page 5
ASA-2006-23
December 12, 2006
16. 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.
17. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform
to the City Sign Code. Applicant may apply for a sign exception as needed.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
18. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
19. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed In
accordance with grades and standards as specified by the City Engineer.
20. STREET LIGHTING INST ALL A TION
Street lighting shall be installed and shall be as approved by the City Engineer.
Lighting fixtures shall be positioned so as to preclude glare and other forms of
visual interference to adjoining properties, and shall be no higher than the
maximum height permitted by the zone in which the site is located.
21. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
22. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
23. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type
approved by the City in accordance with Ordinance No. 125. The developer shall
submit the proposed tree type to the Corporation Yard for approval.
24. GRADING
Grading shall be as approved and required by the City Engineer in accordance
with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404
Resolution No. 6437
Page 6
ASA-2006-23
December 12, 2006
permits maybe required. Please contact Army Corp of Engineers andj or Regional
Water Quality Control Board as appropriate.
25. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
del)eloprnent calculations must be provided to identifij how much runoff will be directed to
our storm drain facilities.
26. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking
and inspection fees, storm drain fees, park dedication fees and fees for
undergrounding of utilities. Said agreement shall be executed prior to issuance of
construction permits.
Fees:
a. Checking & Inspection Fees:
b. Grading Permit:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
Bonds:
a.
b.
Faithful Performance Bond:
Labor & Material Bond:
On-site Grading Bond:
c.
$ 6% of Off-Site Imp.Cost or $3,440.00
$ 6% of On-Site Imp.Cost or $2,000.00
$ 1,000.00
Paid
NjA
NjA
NjA
100% of Off-Site Improvements
100% of Off-Site Improvements
100% of On-Site Improvements.
-The fees described above are imposed based upon the current fee schedule
adopted by the City Council. However, the fees imposed herein may be modified
at the time of recordation of a final map or issuance of a building permit in the
event of said change or changes, the fees changed at that time will reflect the then
current fee schedule.
27. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment
enclosures shall be screened with fencing and landscaping or located underground
such that said equipment is not visible from public street areas.
Resolution No. 6437
Page 7
ASA-2006-23
December 12, 2006
28. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed
to City Standards and shall reach an agreement with San Jose Water for water
service to the subject development.
29. FIRE ACCESS LANES
Emergency fire access lanes shall meet Central Fire District standards.
30. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in your grading and street improvement plans. Erosion and or
sediment control plan shall be provided.
31. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior
to obtaining a building permit.
The trash enclosure for the Marketplace Shopping Center at Stevens Creek Blvd
should be able to accommodate all garbage, cardboard and recycling associated
with this site.
32. MAINTENANCE AGREEMENT
A maintenance agreement between the developer and the City shall be required to
have the applicant maintain the WILLISTON PARK NEIGHBORHOOD GATEWAY
FEATURE and any other non-standard items within the City's right of way.
33. TRAFFIC
The City Council approved a Transportation Demand Management Plan in
February 2006 requiring a traffic engineer to review the parking when the center is
70% occupied or when building A is occupied, whichever occurs first. Another
report must be prepared when building Cis 50% occupied. The remaining tenant
spaces cannot be occupied unless the project can demonstrate that there is
sufficient parking supply for the tenants at these two monitoring periods.
A covenant shall be recorded on the property to disclose the requirements to future
tenants and/ or property owners prior to the issuance of building permits for
Medion Restaurant.
PASSED AND ADOPTED this 12th day of December 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
Resolution No. 6437
Page 8
ASA-2006-23
December 12, 2006
AYES:
COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati
Wong, Chien
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: none
NOES:
ABST AIN:
ABSENT:
ATTEST:
APPROVED:
/ s/Steve Piasecki
Steve Piasecki
Director of Community Development
/ s/Marty Miller
Marty Miller, Chairperson
Planning Commission
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