U-2016-04 Res.doc
U-2016-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6824
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW AN EXISTING BUSINESS TO
OPERATE PAST 11PM IN A MIXED USE DEVELOPMENT
SECTION I: PROJECT DESCRIPTION
Application No.: U-2016-04
Applicant: Ching-yi Fu ( Easy Way Group)
Location: 19449 Stevens Creek Blvd. (Main Street Cupertino)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit 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 project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA); 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 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;
The restaurant is located in the South Vallco Special Area of the Heart of the City Specific Plan
Area which is envisioned to serve as a gathering place that supports the creation of a Main-
Street/downtown like environment. The vision for the area and project site encourages commercial
and retail use, with supportive residential development. In addition, the applicant is required to
adhere to the City of Cupertino’s Noise Ordinance, Chapter10.48: .
Community Noise Control
Therefore, the proposed use will not be detrimental to the public health, safety, and welfare.
Resolution No. 6824 U-2016-04 February 14,
2017
2.The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning regulations,
and the purpose of this title and complies with the California Environmental Quality Act
(CEQA).
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. The
conditions of approval furthermore ensure that the use is conducted in a manner that is consistent
with the Cupertino General Plan and Municipal Code requirements.
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 a Use Permit, Application no. U-2016-04 is hereby recommended for
approval 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. U-
2016-04 as set forth in the Minutes of Planning Commission Meeting of February 14, 2017 and
are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1.PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval 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.
2.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.
3.OPERATIONS
a)The businesses shall be operated within the area delineated on the floor plan exhibit.
b)Service to any proposed outdoor seating on the western side of the business facing the
Main Street Park shall be restricted to 11p.m. .
c)The businesses are approved to operate Monday - Sunday until 12:00 a.m. .
d)Employees are allowed to remain on site for up to one hour after closing.
4.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
Resolution No. 6824 U-2016-04 February 14,
2017
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.
5.MODIFICATION OF BUSINESS OPERATIONS
Changes to the restaurant operations determined to be minor shall be reviewed and
approved by the Director of Community Development. Further, 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.
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, 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.
7.EXPIRATION
If the use for which this conditional use permit is granted and utilized has ceased or has
been suspended for one year or more, this permit shall be deemed expired and a new use
permit application must be applied for and obtained.
8.INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless
the City, its City Council, and its officers, employees and agents (collectively, the
“indemnified parties”) from and against any claim, action, or proceeding brought by a
third party against one or more of the indemnified parties or one or more of 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 shall pay such attorneys’ fees and costs within 30 days following
receipt of invoices from City. Such attorneys’ fees and costs shall include amounts 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.
9.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
Resolution No. 6824 U-2016-04 February 14,
2017
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.
PASSED AND ADOPTED this 14th day of February, 2017, 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 Sun, Takahashi, Fung, Liu
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Paulsen
ATTEST: APPROVED:
/s/ Benjamin Fu /s/Don Sun ______
Benjamin Fu Don Sun
Assist. Dir. of Community Development Chair, Planning Commission