102-A. PC Reso No. 6612.pdfM-2010-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6612
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION TO ALLOW
COMMERCIAL ENTERTAINMENT ESTABLISHMENTS AND LIVE
ENTERTAINMENT ACTIVITIES AND TO EXTEND THE HOURS OF OPERATION
OF SUCH USES TO 2:00 AM AT AN EXISTING SHOPPING CENTER LOCATED AT
21255 - 21275 STEVENS CREEK BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
Modification, 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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit Modification is hereby recommended for approval, 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. M-2010-02 as set forth in the
Minutes of the Planning Commission Meeting of October 12, 2010 and are incorporated by reference as
though fully set forth herein.
SECTION 11: PROTECT DESCRIPTION
Application No.: M-2010-02
Applicant: Al Parsano
Property Owner: Modena Investment, LP & Sunnyvale Holding, LLC
Location: 21255 - 21275 Stevens Creek Boulevard
Resolution No. 6612 M-2010-02 October 12,2010
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. REVISIONS TO USE PERMIT FILE NO.20-U-86
Condition No. 3 of Use Permit, file no. 20- U-86, is revised in its entirety as follows (new text is
underlined; deleted text is struck through):
3. USE LIMITATION
Hours of operation shall be limited from 6 a.m. to midnight for retail shops, and 6:00 a.m.
to 2:00 a.m. for restaurants, commercial entertainment establishments (not otherwise
prohibited, and live entertainment activities. "Sit-down' restaurants within the center are
permitted a maximum of 20,400 sq. ft. and a maximum of 800 total seats. A minor adjustment
in restaurant size may be permitted when it is demonstrated that the total seat count does is
not exceeding the above numbeis 800. .
bar-r-faeiliy not to exceed the seaft E4 the fefm baf. Theaters are Iimited to approximately
11,000 sq. ft. of building area and a maximum of 900 seats.
Condition No. 4 of Use Permit, file no. 20- U-86, is revised in its entirety as follows (new text is
underlined; deleted text is struck through):
4. GENERAL COMMERCIAL ORDINANCE
Unless otherwise allowed in this resolution (See Condition No. 3), new uses or reuse of space
within the Oaks Shopping Center shall be limited to permitted and conditional uses a4awed
without the seear-ing of a use per—i under the City's General Commercial Zoning Ordinance
or any successor. A-H other uses in-p-t-add-ressed in Condition Isle. -3 -abeve shall re
per- review and approval-.
with the followin modifications:
a. Billiard and pool halls dance halls and arcades are prohibited uses;
b. All other commercial entertainment establishments are permitted uses but must obtain an
Entertainment Permit from the Community Development Department; and
c. Live entertainment activities in association with an existing business are permitted uses, but
must obtain an Entertainment Permit from the Community Development Department.
2. REVISIONS TO USE PERMIT FILE NO. U-2007-04
Condition No. 2 of Use Permit, File No. U-2007-04, is revised in its entirety as follows (new text is
underlined; deleted text is struck through):
2. DEVELOPMENT APPROVAL
Approval is granted to construct a 4-story, 122-roam hotel and a 3-story, 51,000 square -foot
mixed use building over a parking podium. For the 3-story, mixed- use building the first and
second floors shall be devoted to general commercial uses as defined in the City's "CG" zoning
district. The third floor shall be limited to meeting, banquet, party and conference uses,
approval. All tenants and customers of said
buildings shall have access to parking spaces in the underground parking podium.
Condition No. 7 of Use Permit, File No. U-2007-04, is revised in its entirety as follows (new text is
underlined; deleted text is struck through):
7. MASTER USE PERMIT (FILE NO.20-U-86) MODIFICATION OF CONDITION NO.3
The conditions of approval of the master use permit for the Oaks Shopping Center (file no. 20-U-
86 and its modification file no. M-2010-02) are incorporated by reference into this use permit.
Resolution No. 6612 M-2010-02 October 12, 2010
Page 3
Condition #3 (Use Limitation) is hereby modified to reduce the maximum number of allowed
restaurant seats from 800 to 600 to reflect the reduced shared parking supply proposed for this
development application.
3. 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.
4. LIMITATION ON THE NUMBER OF ENTERTAINMENT USES
The number of commercial entertainment establishments and businesses with regular live
entertainment activities shall be limited to no more than four in the shopping center or 25% of the
shopping center building area whichever is more restrictive.
5. ENTERTAINMENT USE LOCATIONS
All commercial entertainment establishments and live entertainment activities are confined to
building interiors. Exterior tenant doors are to remain in a closed condition and such businesses
shall provide adequate mechanical ventilation and sound insulation to meet City noise standards at
the property line and the building wall that abuts an adjacent tenant.
All new live entertainment uses, (with the exception of the movie theater and Oaks Event Center)
shall not occupy storefronts that face the apartment buildings on Mary Avenue (excluding the
stand-alone building at the northwest corner of Mary Avenue and Stevens Creek Boulevard.
6. SECURITY PLAN
Applicant shall provide a security plan for the shopping center addressing any new commercial
entertainment establishments and live entertainment activities. Plan shall be prepared to the
satisfaction of the Santa Clara County Sheriff's Office and the Director of Community
Development. Plan provisions shall include: parking lot security, methods to ensure noise
compliance, duration of security after business closes for evening, prevention of onsite loitering
and unruly behavior, security contact signage (for all hours).
7. LEASE AGREEMENT DISCLOSURE
Applicant shall incorporate disclosures in its lease agreements, notifying new and renewing tenants
of potential commercial entertainment establishments and live entertainment activities at the center
with their associated noises and the shopping center's use permit conditions pertaining to
entertainment regulation and hours of operation.
8. MONITORING ENTERTAINMENT ESTABLISHMENTS AND ACTIVITIES
All new commercial entertainment establishments and live entertainment activities must obtain an
Entertainment Permit from the Director of Community Development. The purpose is to allow Staff
review to monitor the number of entertainment tenants and check adherence to use permit
conditions.
Resolution No. 6612 M-2010-02 October 12, 2010
Page 4
9. USE PERMIT REVIEW
A use permit review shall be conducted by staff after one year. If complaints have been received
related to tenants that apply under this use permit, and the complaints were not addressed
immediately by the property management, then the Planning Commission shall conduct a public
hearing on the use permit at which time, the approval for live indoor entertainment (and operation
until 2:00 a.m.) may be modified or revoked.
10. LAW ENFORCEMENT SUPPORT
The shopping center property owner shall pay for any additional Sheriff enforcement time
resulting from documented incidents in the shopping center at the existing City's contracted
hourly rate with the Sheriff Department at the time of the incident.
11. ALCOHOL SERVICE
Alcoholic beverages for onsite consumption shall not be served past the hour of 1:30 a.m.
PASSED AND ADOPTED this 12th day of October 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Brophy, Vice Chair Lee, Miller, Kaneda, Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
/s/Aarti Shrivastava
Aarti Shrivastava
Community Development Director
g:/planning/pdreporVres/20T4/M-2010-02 res.doc
APPROVED:
/s/Paul Brophy
Paul Brophy, Chair
Planning Commission