DIR-2019-03.docCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Interim Director of Community Development
Prepared by: Gian Paolo Martire, Associate Planner
Date: April 4, 2019
Subject: Director's Minor Modification, DIR-2019-03, to approve minor alterations to the
facade and patio of an existing retail building (Shop 5) at Main Street.
Chapter 19.132 of the Cupertino Municipal Code allows for administrative approval of
minor changes in a project. The Director reports his decision to the City Council and
Planning Commission in time to allow an appeal of the decision within 14 calendar days.
BACKGROUND
On September 4, 2012 City Council approved the Main Street Cupertino mixed use project
consisting of 130,500 square feet of retail, a 180 -room hotel, a five -level parking garage with two
levels of underground parking, 260,000 square feet of office, a 120 -unit market -rate live/work rental
loft residential development with a 9,146 -square -foot retail condominium unit and shared parking
plan.
The 18.7 -acre Main Street
project is located at the
northwest corner of the Stevens
Creek Boulevard and Tantau
Avenue intersection. The site is
bounded by Stevens Creek
Boulevard to the south, Tantau
Ave to the east, Vallco Parkway
and 19800 mixed-use
developments to the north, and
the Metropolitan mixed-use
development to the west.
Main Street incorporates 12 separate commercial/retail buildings labeled as Pads 1-3, Shops 1-8,
Major Retail, and Flex 1-2. On May 12, 2015 the Planning Commission approved an Architectural
and Site Approval (ASA -2015-02) for the creation of a 665 -square -foot dedicated patio dining area.
The Shop 5 retail building was previously occupied by a restaurant, Lyfe Kitchen. A new restaurant
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tenant, Pacific Catch, is proposing to occupy the currently vacant space. The applicant, Nouman
Tarabachi of Pacific Catch, is requesting to allow modifications to the outdoor seating area and
minor architectural changes to the main building.
DISCUSSION
The modifications proposed by Pacific Catch focus on updating the patio area to ensure
comfortable use year round and to make it more visually appeasing. The area of the patio will not
be increased. The architectural features added to the exterior of the main building improve the
aesthetics while also conforming to the corporate standards. The alterations include:
• New wood trellis structure above the patio area. This will be supported by metal posts
with decorative metal and wood louvres running parallel to the patio floor.
• Three foot glass wind screens, supported by a V-6" tall concrete barrier, will partially
enclose a portion of the patio area along the eastern side.
• The patio will include custom built concrete planters on the southern end and portions
of the eastern side. On the interior, a small fire pit will be added.
• Wooden Louvres will be added to small segments of the northern, eastern and western
elevations. These architectural features are meant to enhance the facades while also
adhering to corporate design standards consistent to the Pacific Catch brand.
• The plan set acknowledges the removal of the window graphics from the windows
along the western facade. A condition of approval has been added to require the
applicant to submit proposed vinyl window graphics for staff review.
The proposed alterations are considered minor, and will enhance the customer and pedestrian
experience of Main Street Cupertino.
ACTION
The Director of Community Development deems the modification minor and approves the project
with the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits titled "Pacific Catch" prepared by Armet, Davis, Newlove, and
Associates, consisting of seven sheets labeledAl - A5, Cl, and Color Board, dated December 20,
2018 except as may be amended by the conditions contained in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building
plans.
3. ACCURACY OF THE PROTECT 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.
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4. EXTERIOR MATERIAL
The final color and material shall closely resemble the details shown on the approved plans and
shall be reviewed and approved by the Director of Community Development prior to issuance
of building permits.
5. WINDOW GRAPHICS
Any proposed window graphics shall be included in the building permit application for
Planning Staff to approve. Window graphics shall not be used as advertisement for the
restaurant.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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. 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.
8. 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.
This approval of the modification is effective April 4, 2019. The 14 -calendar -day appeal period will
expire on April 18, 2019.
Enclosure:
Plan set