101-Staff Report.pdf
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: November 16, 2010
Subject
Modifications to Use Permits (20-U-86 & U-2007-04) to allow entertainment uses and activities
to operate until 2:00 a.m. at the Oaks Shopping Center
Recommended Action
Consider approval of the modifications to the Use Permits (20-U-86 & U-2007-04) for the Oaks
Shopping Center.
Description
Modifications to previously approved Use Permits (20-U-86 & U-2007-04) to allow commercial
entertainment establishments and live entertainment activities and to extend the hours of
operation for these uses to 2:00 a.m. at the Oaks Shopping Center.
Application No: M-2010-02
Applicant: Al Parsano (for Modena Investment, LP & Sunnyvale Holding, LLC)
Address: 21255 – 21275 Stevens Creek Boulevard. APN: 326-27-035
Background
On October 12, 2010, the Planning Commission held its hearing and reviewed the application. It
was recommended for approval on a 5-0 vote with modification to staff’s conditions of approval
discussed later in the staff report (Attachments A & B). Please refer to the October 12, 2010
Planning Commission staff report for a comprehensive background on the project (Attachment
B).
Discussion
Planning Commission Recommendation
The Planning Commission was supportive of the use permit modification for the following
reasons:
The existing late-evening uses: movie theater and Oaks Event Center have been good
neighbors. There have been no confirmed complaints on record with the City.
There is plenty of surplus parking at the shopping center. It is unlikely to overflow on to the
adjacent street.
It is not about alcohol as the Oaks Event Center already has a liquor license.
The use permit modification has built-in safeguards. The use permit for entertainment
activities/uses will be reviewed in one year (see Condition No. 9 in Attachment A) and
amended/revoked by the City if there are problems.
A noise study prepared by the neighboring property owner demonstrates that potential noise
from entertainment uses will not exceed City noise standards at the property line (see
Attachment J).
The Planning Commission’s recommendations are summarized as follow (See Attachment A for
detailed wording):
1) Billiard and pool halls, dance halls and arcades are prohibited uses.
2) All other commercial entertainment establishments and live entertainment activities in
association with an existing business are permitted uses, but are subject to an Entertainment
Permit from the Community Development Department.
3)The number of entertainment uses/activities is capped at four (4) or 25% of the shopping
center building area, whichever is more restrictive.
4)All entertainment uses/activities must be conducted indoors and meet City noise standards at
the property line and between existing tenant spaces.
5)All new live entertainment uses shall not occupy storefronts that face the Mary Avenue
apartment building, except for the free-standing building on the corner of Mary Avenue and
Stevens Creek Boulevard.
6)Applicant shall prepare a security plan for new entertainment uses and activities.
7)Applicant shall disclose to new and renewing tenants, the allowance for entertainment
uses/activities and City requirements.
8)City staff will monitor entertainment uses/activities through an Entertainment Permit.
9)A use permit review shall be conducted by staff after one year. Complaints not addressed in
a timely manner will trigger a use permit review by the Planning Commission.
10)Excessive Sheriff enforcement efforts related to incidences at the Oaks will be paid for by the
property owner.
11)Alcoholic beverages for onsite consumption shall not be served after 1:30 a.m.
Public Comments
Eleven residents of the surrounding area and the apartment property owner spoke against the
project. Their primary concerns were with potential excessive noise and overflowing parking
during the late evening. One resident spoke in favor of the request. Please see the Planning
Commission draft meeting minutes (Attachment C) for full details. The Planning Commission
felt that the issues were addressed in the conditions of approval and resolution (noted earlier in
this report) and voted to recommend approval of the project.
_____________________________________
Prepared by: Colin Jung, AICP, Senior Planner
Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Community Development Director
Approved for Submission by: David W. Knapp, City Manager
Attachments:
A.Planning Commission Resolution No. 6612
B.Planning Commission Staff Report dated 10/12/10
C. Planning Commission Draft Meeting Minutes from 10/12/10
D.Site Plan for the Shopping Center
E.Applicant Request Letters
F.General Commercial Zoning Ordinance
G.Master Use Permit for the Oaks Shopping Center (#20-U-86)
H.Use Permit for the Hotel & Mixed Use Building at the Oaks (#U-2007-04)
I.Public Correspondence
J.Letter and Opponent’s Acoustical Report