ASA-2015-02b City of Cupertino
, ,� 10300 Torre Avenue
Cupertino,CA 95014
(408) 777-3308
C l,1 P E RT I l��O � FAX (408) 777-3333
Communiiy Development Department
May 14, 2015
Parkway Construction&Associates
Attn: Christine Schachter
10Q0 Civic Cir
Lewisville,Tx. 75067
SUBJECT: PLANNING COMMISSION ACTION LETTER—U-2015-01,ASA-2015-02
This letter confirms the decision of the Planning Commission, given at the meeting of May 12, 2015,
approving a Use Permit to allow a separate bar at a proposed restaurant located in a Mixed Use
Development and an Architectural and Site Permit to allow fa�ade and site modifications for a new
restaurant and bar, located at 19399 Stevens Creek Boulevard (Main Street Cupertino), according to
Planning Commission Resolution No.(s) 6778 and 6779.
Please be aware that if this Permit is not used within a two-year period,it shall expire on May 12, 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,
,
Tiffany o
Associ e anner
City of Cupertino
Enclosures:Resolution 6778 and 6779
Cc:Main Street Cupertino Aggregator,LLC,c/o Sandhill Property Co,attn:Dean Isaacs,2882 Sand Hill Rd#241,Menlo Park Ca
95025
LYFE Kitchen of California,LLC.,263 Wagner Pl„Memphis TN 38103
g/plartning/post l�eariitg/actionletterU-2015-01,ASA-2015-02
ASA-2015-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6779
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 19399 STEVENS CREEK
BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2015-02
Applicant: LYFE Kitchen of Califomia,LLC (Main Street Cupertino)
Location: 19399 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
ixnprovements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience;
The new restaurant will be located in the Heart of the City Specific Plan Area which is envisioned to
serve as a gathering place. The vision for the area and project site encourages commercial and retail
use, with supportive residential development. To further mitigate impacts, the 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. 6779 ASA-2015-02 May 12,2015
2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site
Review, of the Cuperfino 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 the proposed site improvements for the 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 adj acent development.
No outdoo�signs a�e 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 existing development is designed to buffer the residential portion of the development
from noise, traffic, light and visually intrusive effects. The residential portion of the
development is buffered fr�om the �estaurant by other retail buildings with associated
landscaping and tr�ees. All lights are designed to be di�ected 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 Architeciural and Site Approval, Application no. ASA-2015-02 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-2015-02 as set forth in the Minutes of Planning Commission Meeting of May 12, 2015, and
are incorporated by reference as though fully set forth herein.
Resolution No. 6779 ASA-2015-02 May 12,2015
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received Apri122, 2015 consisting of 26
sheets, entitled, "LYFE Kitchen, 19399 Stevens Creek Boulevard, Cupertino, CA 95014,"
drawn by Parkway Construction & Associates; 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. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval form Resolution No. 12-098 and Resolution No. 14.-122
shall remain in effect unless superseded by or in conflict with subsequent conditions of
approval, including the conditions contained herein in this resolution.
4. 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.
5. STOREFORNT WINDOW DETAILS
Prior to building permits issuance, the applicant shall work with Staff to further enhance
building windows requested to be covered or spandralled due to operational activities such �
as kitchen, employee breakroom etc. , 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 pernlit 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.
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. 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
Resolution No. 6779 ASA-2015-02 May 12,2015
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 along the north and east elevation requesting to be spandrel
or blocked from view, 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) The planning department shall review the final design of the patio area including the
patio wall, seati.ng, lighting, shade umbrellas, landscaping, operable folding bar
window and fire pit prior to building permit issuance.
9. 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, 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.
10. 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; arid 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.
11. 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.
Resolution No. 6779 ASA-2015-02 May 12,2015
12. 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.
13. 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 Communiiy Development
Department.
14. PATIO FEATURE MAINTENANCE
The property owner and/or lessee shall maintain and upkeep the outdoor patio features
including but not limited to umbrellas, furniture, lighting, etc. and shall replace weathered
features within a timely manner as determined by the Director of Community
Development.
15. 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.
16. 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 Goverrunent 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.6779 ASA-2015-02 May 12,2015
PASSED AND ADOPTED this 12th day of May 2015, at the Regular Meeting of the Planning
Commission of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee,Vice Chair Takahashi, Gong, Sun,Paulsen
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONEIZS: none
ABSENT: COMMISSIONERS:none
ATTEST: APPRQVED:
/s/Gary Chao /s/Winnie Lee
Gary Cliao Wi.nnie Lee, Chair
Assist.Dir. of Community Development Planning Commission
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