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ASA-2014-12b City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3308 C U P E RT 1 N{�► FAX (408) 777-3333 Community Development Department December 11, 2014 Golden Properiy Management, LLC Attn:Jared Taylor 10 S. Grant St. Roseville, Ca. 95678 SUBJECT: PLANNING COMMISSION ACTION LETTER—U-2014-07, ASA-2014-12 This letter confirms the decision of the Planning Commission, given at the meeting of December 9, 2014, approving a Use Permit to allow a separate bar at a proposed new restaurant and an Architectural and Site Permit to allow fa�ade and site modification for the new restaurant and bar located in a Mixed Use Development (Biltmore), located at 20080 Stevens Creek Boulevard, according to Planning Commission Resolution No.(s) 6771 and 6772. Please be aware that if this Permit is not used within a two-year period, it shall expire on December 9, 2016. Also, please note that an appeal of this decision can be made witliin 14 calendar days from the mailing of the notice of the decision. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, �. .. Kaitie Groeneweg Assistant Planner City of Cupertino Enclosures: Resolution 6771 and 6772 Cc:Prometheus Real Estate Group,Attn:Mike Ducote,1900 S Norfolk St#150,San Mateo CA 94403 Counter Intelligence,LLC,Arin: Peter Katz, 8571 Higuera St, Culver City CA 90232 ASA-2014-12 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 6771 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW FA�ADE AND SITE MODIFICATIONS FOR A NEW RESTURANT AND BAR AT 20080 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: ASA-2014-12 Applicant: Jared Taylor (Golden Property Development) Location: 20080 Stevens Creek Blvd. SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL: WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval as described in Section 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 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 as follows with regard to this application: 1. The proposal, 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 new restaurant will be located in t1Te Heart of the City Specific Plan Area wliich is envisioned to serve as a gatliering place. The vision for the area and project site encourages commercial and retail use, with supportive residential development. To furtlier mitigate impacts, tlie applicant shall incorporate adequate measures into the operations to ensure that there is adequate buffering from residences including installation of an odor abatement system. In addition, the applicant has prepared a security plan to mitigate security concerns. Therefore, the proposed use will not be detrimental to the public health, safety, and welfare. Resolution No.6771 ASA-2014-12 December 9,2014 2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, conditional use permits, exceptions, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: a) Only minor changes have been proposed to the existing building that does not affect the overall architectural quality of the building. The project is not proposing to significant alter the exterior of the existing two-story office building. Only the necessary site and building modifications/improvements associated with the restaurant operation are proposed. b) Design harmony between new and existing buildings have been preserved and the materials, and with the future character of the neighborhood and purposes of the zone in which it is situated. The location, height and materials of tl2e proposed site improvements, landscaping features, and patio area harmonize with adjacent developments and are designed to complement the existing surrounding professional, commercial and residential uses. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development. No outdoor signs are proposed or approved at this time. d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. The development is designed to buffer the residential portion of the development fYOm noise, traffic, light and visually intrusive effects. The residential portion of the development is buffered from the retail portion by new landscaping trees, a drive aisle and parking lot. All lights are directed away from the residential development. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, 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 an Architectural and Site Approval, Application no. ASA-2014-12 is hereby approved, 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-2014-12 as set forth in the Minutes of Planning Commission Meeting of December 9, 2014, and are incorporated by reference as though fully set forth herein. Resolution No. 6771 ASA-2014-12 December 9,2014 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval recommendation is based on the plan set received November 19, 2014 consisting of 10 sheets, labeled PL-01, PL-02, PL-03, PL-04, PL-04.1, PL-05, PL-06, PL-07, PL-08 and PL- 09 entitled, "The Counter Burger, 20080 Stevens Creek Boulevard, Cupertino, CA 95014," drawn by Innovation and Design Architecture; 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. COVENANT DISCLOSURE The property is under a Cupertino planned development zoning and property purchasers should check with the City to determine the specific restrictions under the Planned Development Zone and related permits. 4. OPERATIONS a) The restaurant shall be operated within the area delineated on the site plan exhibit. b) The restaurant is approved to operate Monday to Sunday from 10am to 11 pm. c) The number of seats includes 76 indoor seats, 15 bar seats. The outdoor seating located in the patio area will be verified at building permit issuance. The outdoor seating will be limited to a maximum of 20% of the total allowed indoor seats or 12 outdoor seats, whichever is more restrictive. d) Staff parking is located off-site per the Parking Management Plan. e) Changes to the restaurant operations determined to be minor shall be reviewed and approved by the Director of Community Development. 5. STOREFORNT WINDOW DETAILS Prior to building permits issuance, the applicant shall work with Staff to further enhance building windows 5 and 6, which may include but not be limited to the use of clear glass, artwork, backlit features or similar features as determined to be appropriate by the Community Development Director. 6. PEDESTRIAN CIRCULARION Prior to building permit issuance the pedestrian circulation from the parking lot and public right of way to the restaurant shall be reviewed to ensure that accessible paths of travel are being maintained. Resolution No.6771 ASA-2014-12 December 9,2014 7. SIGNAGE Signage is not approved with this use permit application The storefront awnings and patio umbrellas are not approved for any signage. Signage shall conform to the City Sign Program. 8. RESTAURANT ODOR ABATEMENT All new restaurants shall install odor abatement systems to reduce odor impacts from the restaurants to the adjacent community. The odor abatement systems shall be installed prior to final occupancy of the associated restaurant(s). Detailed plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 9. BUSINESS LICENSE T'he business owners shall obtain a City of Cupertino business licenses prior to building permit issuance. 10. ALCOHOLIC BEVERAGE CONTROL LICENSE The applicant shall obtain and adhere to the appropriate California Alcoholic Beverage Control License(s) in conjunction with the proposed service. 11. SHERIFF DEPARTMENT REVIEW 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. 12. FINAL ARCHITECTURAL DETAILS The final building design and exterior treatment plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The Director of Community Development may approve additional designs or make minor variants as deemed appropriate. Specifically, the following items shall be addressed prior to building permit issuance: a) Prior to building permits issuance, the applicant shall work with Staff to further enhance building windows 5 and 6, which may include but not be limited to the use of clear glass, artwork, backlit features or similar features as determined to be appropriate by the Community Development Director. b) Additional planter boxes shall be added along the base of the storefront windows on the east elevation to soften the appearance of the proposed spandrel. Alternatively, the spandrel at the base of the windows can be removed. c) The window awnings shall be metal or other durable material. d) The window awnings shall be added to each storefront window. Resolution No.6771 ASA-2014-12 December 9,2014 e) Landscaping shall be added in front of the low wall along Stevens Creek Boulevard. The proposed landscaping shall be reviewed and approved by the planning departxnent to building permit issuance. f) The planning department shall review the final design of the patio area including the patio wall, seating, lighting, shade umbrellas, landscaping, operable folding bar window and fire pit prior to building permit issuance. 13. LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. a) Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b) Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de- thatching turf areas; replenishing mulch; fertilizing;pruning;replanting of failed plants; weeding;pest control; and removing obstructions to emission devices. c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 14. BUILDING TREATMENT The building exterior treatment (including but not limited to details on exterior color, material, architectural treatments and/or embellishments, lighting, patios walls, retractable bar windows, and landscaping) shall be consistent with the Mixed Use Complex. Any exterior changes determined to be minor shall be reviewed and approved by the Director of Community Development. 15. 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. 16. 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. Resolution No. 6771 ASA-2014-12 December 9,2014 17. 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. � 18. MODIFICATION OF RESTURANT OPERATIONS The Director of Community Development is empowered to make adjustments to the operation of the restaurant to address any documented problem or nuisance situation that may occur. 19. MODIFICATION OF PARKING MANAGEMENT PLAN The Director of Community Development is empowered to make adjustments to the operation of the restaurant to address any substantial parking concerns. Including, but not limited to, making adjustments to the restaurant operations and/or the parking management plan. 20. 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, substantial evidence indicates that the conditions of the conditional use permit have not been implemented, or 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. 21. 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. 22. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance 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 City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 23. 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 Resolution No. 6771 ASA-2014-12 December 9,2014 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. PASSED AND ADOPTED this 9th day of December, 2014, Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Gong, Sun, Takahashi NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Gary Chao /s/I'aul Bro�hy Gary Chao Paul Brophy, Chair Assist. Dir. of Community Development Planning Commission • • or a 1 1 ona . n orma 1 on ee 1 e _ _