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M-2014-01b City of Cupertino . ,. 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3308 C U P E RT 1 N CJ FAX (408) 777-3333 Community Development Department February 25, 2015 Julio Espinoza 111 W. St.John St. #950 San Jose, Ca. 95113 SUBJECT: PLANNING COMMISSION ACTION LETTER-M-2014-01 This letter confirms the decision of the Planning Commission, given at the meeting of February 24, 2015, approving a Modification to a Use Permit(U-1988-11) to remove a restriction to allow a separate bar and extend the hours of operation to 1:OOAM at an existing restaurant (Smoke Eaters), located at 10650 S De Anza Boulevard, according to Planning Commission Resolution No.(s) 6776. Please be aware that if this Permit is not used within a two-year period, it shall expire on February 24, 2017. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of the decision. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, �, � J Gian Martire Assistant Planner City of Cupertino Enclosures: Resolution 6776 g:/planning/post hearing/actionletterM-2014-01 M-2014-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6776 OF THE PLANNING COMMISSION OF THE CITY OF CUPERT'INO APPROVING A MODIFICATION TO A USE PERMIT(U-1988-11)TO REMOVE A RESTRICTION TO ALLOW A SEPARATE BAR AND EXTEND THE HOURS OF OPERATION TO 1:OOAM AT AN EXISTING RESTAURANT(SMOKE EATERS) LOCATED AT 10650 S. DE ANZA BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: M-2014-01 Applicant: Julio Espinoza (on behalf of Smoke Eaters Restaurant) Location: 10650 S. De Anza Boulevard SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for the Modification of a Development 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: a) The proposed development, at the proposed location, will not be detrimental or injurious to property or unprovements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The proposed project will be within the existing Smoke Eaters Restaurant which has operated at the site since 2010. The closest single family residential property is located approximately 177 feet from the proposed interior bar. Adequate security measures are incorporated into the proposed project. Therefore, the proposed use will not be detrimental to the public health, safety, and welfare. b) The proposed development will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances. The proposed use complies with the Cupertino General Plan and Municipal Code requirements, including but not limited to, parking regulations, hours of operation and security measures. Resolution No. 6776 M-2014-01 February 24,2015 Page-2- NOW, THEREFORE,BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Modification of the Use Permit are hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; 1. The application to modify Use Permit, U-1988-11, Application No. M-2014-01 is hereby �vroved, 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-2014-01, as set forth in the Minutes of the Planning Commission Meeting of January 27, 2015, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. MODIFICATION OF USE LIMITATION IN REGARDS TO LIQUOR SALES AND HOURS OF OPERATION Condition No. 2 of the Planning Commission Resolution No. 4069 limiting alcohol service and hours operation as approved by the Planning Commission on June 16, 1988, as a condition of approval for Use Permit Application U-1988-11, shall be modified to expand the hours of operation to 1am and to the allow a separate bar for alcohol service with up to 16 bar seats. 2. RECIPROCAL PARKING AGREEMENT The property owner shall enter into a private agreement with the owner of the contiguous lots that make up the De Anza Shopping Centre (APN 369-38-039, 369-38-037, 369-38-038, 369- 37-027, and 369-37-025) for a reciprocal parking agreement. The agreement shall run with the land and shall be recorded prior to final occupancy. 3. APPROVED EXHIBITS Approval recommendation is based on the plan set received December 15, 2014 consisting of 1 sheet, labeled UP1.0 entitled, "Proposed expansion of service — bar counter to an existing restaurant: Smoke Eaters," drawn by Julio Espinoza; except as may be amended by conditions in this resolution. 4. EXPIRATION If the use for which this conditional use permit is granted and utilized has ceased or has been suspended for two years or more, this permit shall be deemed expired and a new use permit application must be applied for and obtained. 5. OPERATIONS a. Alcohol service at the restaurant shall be limited to 12:30 am with a hard closing time at 1am. The outdoor patio shall be closed at 11:30 pm. b. The total number of seats within the restaurant service area shall be limited to 16 bar seats, 112 restaurant seats, and 32 patio seats, unless as otherwise allowed by the Resolution No. 6776 M-2014-01 February 24,2015 Page-3- Community Development Director provided sufficient parking is available within the shopping center. c. Exterior doors shall be kept closed at all times. 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 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. 8. 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. 9. 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. 10. 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 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 and City shall use best efforts to select mutually agreeable legal counsel to defend such action, and the applicant shall pay all compensation for such legal counsel, following the applicant's receipt of invoices from City, together with reasonable supporting documentation. Such compensation shall include reasonable compensation 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. If the applicant and the Resolution No. 6776 M-2014-01 February 24,2015 Page-4- City cannot in good faith agree on joint counsel, the City shall have the right to retain counsel of its own choosing, separate from the applicant's litigation counsel. 11. 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. SECTION V: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL PROGRAMS DIVISION 1. TRASH, RECYCLING AND COMPOST RECEPTACLES The developer or business owner is required to install public trio bins (--30 gal) side-by-side for trash, recycling and composting, adjacent to the development or business to control pedestrian litter at the site. The type and location of the receptacles are subject to the approval of the Environmental Programs Manager. (CMC 9.18.210 P) 2. TRASH, RECYCLING AND COMPOST ENCLOSURES Trash enclosure plans must be designed in accordance with the City's "Public Works Guidelines for Non-Residential Building Trash & Recycling Enclosures" posted at www.cupertino.org/nowaste , and to the satisfaction of the Environmental Programs Manager. Modifications to existing facilities shall, to the maximum extent practicable, meet the Public Works Guidelines and shall be subject to the approval of the Public Works Director. Clearance by the Public Works Department is required prior to obtaining a building permit. (CMC 9.18.210 H&K) 3. REFUSE TRUCK ACCESS Developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development and trash, recycling and compost enclosures. Plans for access must be reviewed and approved by the City's franchised refuse collector. SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DISTRICT 1. FIRE DEPARTMENT REVIEW Prior to preforming any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. Resolution No.6776 M-2014-01 February 24,2015 Page-S- PASSED AND ADOPTED this 24th day of February 2015, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Lee, Gong, Sun, Paulsen NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS: Vice Chair Takahashi ATTEST: APPROVED: /s/Gary Chao /s/Winnie Lee Gary Chao Winnie Lee, Chair Assist. Dir. of Community Development Planning Commission ❑C:1 � Pro osed ex ansion of servic - ' ' • �� p p e bar counter to an ex�st�n resta r u ant . g I'Yl0 e a r . . es . . . �ulio espinoza Amendment to Existin Use Permit # - - ��.� � architect g 5 U 8 7 � M ��` ,� 1 1'1 West St.John Street,Suite 950 � �- o t ., San Jose,CA 95113 408.947.9500 phone 408.999.6637 fax ExisnNc __ _.� no�n r (E)LANDSCAPE PARKIN THIS PROJECT PROPOSES TO REMODEL AN EXISTING RESTAURANT "SMOKE EATERS" (MODIFY EXISTING USE PERMIT} . SMOKE EATERS RESTAURANTIS A FAMILY OWNED RESTAURANT THAT SERVES BEER AND W1NE TO COMPLEMENT THERE MEALS. ^ �� NO INCREASE IN SEATING CAPACITY IS PROPOSED. NO EXTERIOR WORK IS PROPOSED. 7HIS PROJECT PROPOSES T0: -TO EXTEND THE BUSINESS OPERATION HOURS: PROPOSED BUSINESS HOURS: MONDAY -SUNDAY: 10:00 AM THROUGH 1:00 AM. CULINARY AND CUSTODIAL STAFF MAY ARRIVE BEFORE AND LINGER BEYOND THE PUBLIC HOURS FOR FOOD PREP AND CLEAN-UP OPERATIONS. SEE ATTACHED LETTER FOR ADDITIONAL INFORMATION. -TO REMODEL THE EXISTING SERVICE BAR COUNTER &REQUEST FULL LIQUOR LICENSE: THE PROPOSED EXPANSION OF THE SERVICE BAR COUNTER IS TO PROVIDE ADDITIONAL SEATING ALTERNATIVES AND TO INCREASE THE SELECTION OF DRINKS. SEE ATTACHED BUSINESS LETTER FOR ADDITIONAL INFORMATION. CAPACITY:THIS PROJECT REMODEL DOES NOT PROPOSE TO INCREASE THE EXISTING SEATING CAPACITY OF THE RESTAURANT. SECURITIY: SEE ATTACHED BUSINESS LETTER FOR SECURITY PLAN DETAI�S. BUILDING WFORMATION: APN: 369-37-027 TYPE OF CONSTRUCTION: V-B ZONING: CG (GENERAL COMMERCIAL) EXISTING BUILDING AREA: 3,610 SQUARE FEET. (NO EXTERIOR WORK IS PROPOSED) NUMBER OF STORIES: 1 EXISTING KITCHEN AREAS: NO CHANGES ARE PROPOSED. AREA OF WORK: RECONFIGURE EXISTING SERVICE/BAR/SALES COUNTER. SEE FLOOR PLAN. EXISTING SERVICE 8AR COUNTER AREA (INCLUDING BACK COUNTER SERVICE AREA: 145 SF +/- (8 SEATS) PROPOSED NEW SERVICE BAR COUNTER AREA (INCLUDING BACK COUNTER SERVICE AREA: 312 SF +/- (16 SEATS) EXISTING SEATING: NO INCREASE IN EXISTING SEATING CAPACITY IS PROPOSED. SEE FLOOR PLANS. EXISTING INTERIOR SEATING: 128 SEATS EXISTING OUTDOOR PATION SEATING: 32 SEATS EXISTING OCCUPANCY TYPE: (CHAPTER 3) A=2'- FOCiO AND/OR DRINKfNG ESTABLISHMENTS NO CHANGES OR INCREASE �N AREA IS PROPOSED TO THE EXISTING RESTAURANT. d OCCUPANT LOADS: (NO INCREASE IN OCCUP�CY LOAD IS PRQPOSED) . � � ^,�Y��' ��•�/ FIRE SPRINKLERS: � . ' °t THE EXISTING BUILDING IS PROVIDED WITH AN#EXISTING FIRE SPRINKLER SYSTEM. APPLICABLE BUILDING CODES: � • �„� � �-�—�� y 2013 CALIFORNIA BUILDING, MECHANICAL, EL�CTRICAL, PLUMBING�& ENERGY CODES � ' '`'"' � ,.•, SIGNS: NO SIGNS ARE PROPaSED UNDER THIS F�RMIT. � . OFF-STREET PARKING REQUIREMENTS: NO CHA 'ES ARE PROPOSED. � NO fNCREASE IN SEATING CAPACITY IS PR�OSED. ? SEE ATTACHED PARKING LETTER FOR REFE ENCE TO EXI��IG PARKING., % ��; � ii`: ai.4:�.:�4j� � � �: t' li � , �=�� project summary: �.:_,. .�,�.��._ :. -- --_ 14 (E EXISTWG SMOKE EATERS BUILDING � .. � yif' �;:Yn y� ..... a � .. . . �t 4 ;S�,� �-. ' �...:�..+.J>:.,..x.�.-,.s.e2?�-+�� . . � p�' .. �'k ti ; k 1 ..s... l`:,.l� . .'�` 4.,�F i� l,r �s - s�x.�j. �' '� � ' � :>� a "� ,��, � '� °� �,- ->� �.:_ �',��, � �� r � . rt .� � i�ING `t�,�°� �=: �-' �.. : f �. K� �� MAIN �'s�?f �� _ . EN FRANCE "'"" ' � w .- EXISTING PARKIN `-tXISTING � G OUTDOOR PATIO SOUTH DE ANZA_ BLVD� no exterior work is proposed (provided for reference only) existing exterior photograpghs �� zo �g �A � x_�z 0 �� no �o �� N n-" �� x� Z~ �m z o� ...�Z m � _I(E)OFFICE_I EXISiING EXISTINC AIEN, �:_.� �t- r i J EXISiING HALLWAY r� _ _ (E DOOR � �E)STO�ncEj ,� �y _ '.� SCAREAR ( ��' } -v i , sa 1 i� ��'---- 1 A � " ' � �-ExisrjNc � '��'�.r (E)WALK-IN � L � �'pREP l�2EA � '_ "�- � ` _ -��!B�R� 11___..� I c°� -- ------------- - '�� J ' _ ' � 61 � '� � � � r— 1 � j� ' � d EXISTING � � � � 4' 4� ' i �„�i' KIiCHEN i:) �° O � ,4� � I i � i � �: c�' �o I ' � ' � ii a ' 'w � � �� I � - ca a m' �o I � ' � v I �v ' _.. � �° INEW SERVICE COUNTER l p'' '° (16 SEATS AT COUNTER - �--- - .. �� ---- �N A -THRU � <,., �'__ ' ___" _�'� i x 8�-� ��-a 6-9� � I � RELOCATED � ' SERVICE/SALES � � � � � � J ' CIXINTER ARE ' , , � , , � ._.' � i.. � _ � '� � �� '�� l --- 1 �`� �� = ------ , --- — � �--- �r,. � � . U . v' - � -,�' '`° - -- . - . � �� . -�I ( _ � -- ; � 1 _. - — — =� ; ` i: � � � '� I .--..—_ �.. �.� --4 I_� _ ., �-'.�' .' � i-i _-___" i', � ---- EXISTING INTERIOR SEATING:128 SEATS ; : (NO INCREASE IN SEATING IS PROPOSED) - - � ( !- __,_. I ' (E)UTIL -_� '_. `�i�+ R0061 (E)DOOR EXISTING ENCLOSED EXTERIOR PATIO. (fACING DE ANZA BLVD) (EXISTINC 32 SEATS) NO CHANGES Af2E PROPOSED. proposed floor plan �� zo �g v� n �L� r 0 EXISiING WOAIE� EXISTING AIEN (E)OFFICE l� EXISTING HALLWAY (E)REAR _., �_(_E�$TORAGE; i , -- DOOR � ��, --- EXISTING ''�l', ' - SCULLERY � (i �r ' AREA ", 3; � _ �� i:J _ ___: ` _ �� y� : i �� ..., (E)WALK-IN �_[b_l.tl1. EXISTI ;":SfA'fiiCE/B/ 8 SEATS AT COUNTER � < RECONFIGURE '�^ EXISiING N SERVICE/SALES r'' COUNTER AREA v SEE PROPOSED o PLAN Z m � > � rn �k � � . EXISTING.. PREP AREA �� - � � � � � � i i � � N `.". EXISTIN� KITCHEN L_ : __ � �-�'_ � --- � -, ; ___�. i � I -._.,.;. , :_ - v � ^ i.i �o" I , o ; o A �� r� �� - ; �c g ; _y i � �y � I op F ��--------yy D � I � . ..... v� ^' i m �L �� . .-.. ._..__ —+ �. -� , , r F; _'... a '_' �_._--.. `r. 'i.: . ._."_'_.._ XISTING INTERIOR SEATING:128 SEATS '. f- � �� - i ' ; � �E��T�� -- ' ROOM (E)DOOR EXISTING ENCLOSED EXiERIOR PATIO. (fACING DE ANZA BLVD) (EXISTING 32 SEATS) NO CHANGES ARE PROPOSED. existing floor plan EXISTING BUILDING AREA: 3,610 SQUARE FEET (NO tNCREASE IN AREA OR CHANGE IN OCCUPANCY IS PROPSOED) ��Il Il B� �p U� NORTH � � cx�n�r+ic DESCPoPTION O EXISTING S1UD WALL,i0 REAIAIN. � El0ST1NG CNU WALL,TO REMAIN. NOTE:NO DEIJO OF EXISTINC WALLS ARE PROPOSED. � ALLO�D NAXIMU�EXIT TRA�L DISTAN�250 F� � �fid�li�iL3�i1°%.::�1V?��::;5:'.u�f°.C�.�. j,°r�-°_�r'�eii) ALLOWED NAXIMUAI COMMON PATH Of TRAVEL DISTANCE:75 FT MAXIMUM COMMON PATH�TRAVEL DISiANCE:32 Fi floor plans ''8"=�'-°" I I I I I L_1 �8 � z Q � � ¢ �-- �� w Z � J �� Z� w m U ¢r �� 0 Q o �� Z� �" N X w � NORTH� Exisnrrc DRI�EWAY � � , •1 •• %/////////////////////. CONSUITANT � ��S6S�9�1� �� (C�'� a �1199��9�1� ¢ � §��, Existing Restauranl � EXISTING � Smoke Eaters PARKING � (fi0 iM�ePIOP �I xt ;I i „ '° � changes ar� I ! �_ �; z Z �`°°�� ! i �� Amendment to o�m '' `� existing Use Permit ��¢� �, zwo � �! � X�N # 5-U-87 � i B / �I � � i _ , �� i Expansion of ' E o �I i Service-Bar (E)WALKWAY " ��°�PA°° Counter � J NO CHANGES ARE PROPOSED � ACCESSIBI.� (E)LANDSCAPE PATH OF-TRAVEL �E)WALKWAY (E)LANDSCAPE EXISTING (E)LANDSCAPE oRiv�war South De Anza Blvd OFF STREEi PARKING:(NO INCREASE IN SEATING OR OCCUPANCY IS PROPSOSED). ----- EXISTING PATH OF TRA�EL. SEATING(NO INCREASE IN SEATING CAPACITY IS PROPOSED) INTEPoOR SEATING: 128 SEAiS � N�EXISTING PARKING SPACES OUiD00R SEAIING: 32 SEATS FORE ADDI�ONALPPARKINGREPORT TOTAL SEATINC: 160 SEATS (t SPACE PER 3 SEATS)=53.33 SPACES +FMPLOYEE: 6 EMPLOYYfS(1 PER EAIPLOYEE) = 6 SPACES � (E)ACCESSIBLE STALLS TOTAL PARKINC REQUIRED: 59.3 SPACES NOTE:ADDITIONAL PARKING IS PROVIDE�ON AOJA(�!T PARKING SITES(OWNED BY THE SAME PR�ERtt ONNFR) ALL PARKING IS SHAf2ED ON$ITE.SEE ATTACHED PARKING LEiTER k ANALYSIS. site plan NOTE: NO EXiERIOR CHANGES ARE PROPOSED.PLAN PROVIDED fOR REfERENCE ONLY � UP1 .0 COVER SHEET & PLANS sheet index � McCLELLAN RD � PACIFICA DR 0 > m SILVERADO AVE Q N z Q w .0 KIRWIN RD `� SITE BOLLINGER RD vicinity map rvoRrH � n 10650 South De Anza Blvd Cupertino, CA general notes i.tnts sn«t�s�t ot o xc o�e�s�ot to��ue z.ma�ne�c,�oc io e��.w ro.�o�,.woi��k„ m�smn,s eo,�,e�ocK o-o.�q.naK n� b�a rtr�:wctb,,. 3.m��o�om..�a w�cs m�o�.os��w�,�c,or s �by the Mdutec[ d fv ux �n,�e wo�i iy R�aoe�,MU�m�/«� dbtnbutwn �Nau[the prior ttrn [ol tlia ae�ipner ia forbqdm /.CnpyigM.Jula E�pmozo,AreM�tect i01♦ revisions Qbar counter deduction � planninq commnets 1215.201� � e 0 drawing release stotus ❑ client review ❑ ❑ ❑ plan check ❑ biddina ❑ construction � � ��.Z�.ZQ�4 °� 7 403 a� 3� o� je � .� �� e ao 0 � cover sheet & pla ns _� UP1 .0 ��