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ASA-2015-16b City of Cupertino , ,, 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3308 C U P E RT 1 N O FAX (408) 777-3333 Community Development Department July 29, 2015 Tecta Assocaites Attn: Amad Mohazab 274719th Street San Francisco, Ca. 94110 SUBJECT: PLANNING COMMISSION ACTION LETTER—U-2015-03, ASA-2015-16 This letter confirms the decision of the Planning Commission, given at the meeting of July 28, 2015, approving a Use Permit to allow a drinking establishment with late hours and live entertainment located in a Mixed Use Development and an Architeciural and Site Permit to allow site modifications for a wine bar, located at 19389 Stevens Creek Boulevard (Main Street Cupertino), according to Planning Commission Resolution No.(s) 6784 and 6785. Please be aware that if this Permit is not used within a two-year period, it shall expire on July 28, 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, / � Tiff y r Ass ciate lanner City of Cupertino Enclosures: Resolution 6784 and 6785 Cc:Rootstock Wine Bar,Attn:Lexi Moriarty,217 N Santa Cruz Ave,Los Gatos Ca 95030 Main Street Cupertino Aggregator,LLC,c/o Sandhill Property Co, attn:Dean Isaacs,2882 Sand Hill Rd#241,Menlo Park Ca 95025 g:/planni��g/post l�eariiig/actionletterU-2015-03,ASA-2015-16 ASA-2015-16 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6785 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW SITE MODIFICATIONS FOR A WINE BAR AT 19389 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: ASA-2015-16 Applicant: Lexi Moriarty, Rootstock Wine Bar Location: 19389 Stevens Creek Blvd. (Main Street Cupertino) 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 wine bar will be located inside a previously approved building in a mixed use development, which is envisioned to serve as a gathering place that supports the creation of a Main Street-like environment. The proposal will add architectural enhancements within a previously approved patio area. These improvements will be completed in compliance with Building Code Requirements. Therefore, the proposal will not be detrimental to the public health, safety, and welfare. 2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the Cupertino Municipal Code, the General Plan, and Heart of the City 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: Resolution No. 6785 ASA-2015-16 July 28,2015 a) Only minor changes have been proposed to the existing building that does not affect the overall architectural quality of the building. Only the necessary site and building modifications/improvements associated with the wine bar 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 enhancements 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 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 existing development is designed to buffer the residential portion of the development from noise, traffic, light and visually intrusive effects. All lights are low intensiry, designed to light only the patio area, and are directed away from the nearby 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-2015-16 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-2015-16 as set forth in the Minutes of Planning Commission Meeting of July 28, 2015, and are incorporated by reference as though fully set farth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval recommendation is based on the plan set received June 10, 2015 consisting of 17 sheets, A-1.0, A-2.0, Exterior View of kitchen windows (sheet 3), Interior view example Resolution No. 6785 ASA-2015-16 July 28,2015 (sheet 4), and patio furniture details entitled sheets 5-17, titled "Rootstock Wine bar" drawn by TETCA 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 approvals from 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. 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. 6. 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. 7. SIGNAGE Signage is not approved with this Architectural and Site Approval application. The storefront awnings and patio umbrellas are not approved for any signage. Signage shall conform to the Main Street 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 Director of Community Development may approve additional designs or minor changes as deemed appropriate. Specifically, the following items shall be addressed prior to building permit issuance: a. The planning division shall review the final design of the patio area including the patio wall, seating, lighting, shade umbrellas, landscaping, etc. prior to final on building permit issuance. Resolution No. 6785 ASA-2015-16 July 28,2015 9. 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. 10. MECHANICAL EQUIPMENT SCREENING All rooftop and ground mounted mechanical equipment 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. 11. 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. 12. 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. Resolution No. 6785 ASA-2015-16 July 28,2015 PASSED AND ADOPTED this 28th day of July 2015, at the Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONEIZS: Chair Lee, Vice Chair Takahashi, Gong, Sun, Paulsen NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Gary Chao /s/Winnie Lee Gary Chao Winnie Lee, Chair Assist. Dir. of Community Development Planning Commission • • or a � � ona . n orma ion . ee i e _ _