Action Letter 9-3-2019CITY 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: Jeffrey Tsumura, Assistant Planner
Date: September 3, 2019
Subject: Director's Minor Modification, DIR-2019-06, to allow the construction of an outdoor
patio enclosure to a new restaurant (El Greco) at Biltmore located at 20080 Stevens
Creek Boulevard.
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 18, 2011, City Council approved the Biltmore Mixed Use Development. The approval
allowed for 80 residential units and a 7,000 -square -foot retail/commercial building along the
Stevens Creek Boulevard frontage. On December 9, 2014, Planning Commission approved a Use
Permit (U-2014-07) for a separate bar facility at a new restaurant (The Counter Burger) and an
Architectural and Site Approval (ASA -2014-12) for fagade modifications and an outdoor seating
area and enclosure for The Counter.
The project site is located at 20080 Stevens Creek Boulevard within the Heart of the City Specific
Plan area, approximately 125 west of the southwest corner of Stevens Creek Boulevard and South
Blaney Avenue. To the west of the site is an office building; to the east is a restaurant (Coconut's
Fish Cafe); and to the South are the existing Biltmore Apartments. The closest off-site multi -family
residential homes are approximately 250 feet away from the site and the closest single-family
residential homes are approximately 400 feet away from the site.
DISCUSSION
The applicant, Andreas Mylonakis, with El Greco Grill, is requesting a new patio enclosure to
accommodate an outdoor seating area of approximately 520 square feet. The applicant has worked
with staff to propose an enclosure that would be consistent in height, colors, and materials to The
Counter's existing patio enclosure and overall site while achieving a design that is complimentary
to El Greco's image. These features include:
• A 2-0" tall masonry wall with stucco finish, concrete stone caps, and 18" tall glass on
top. The glass panes will be separated by metal posts with 12.5" tall lanterns affixed
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20080 Stevens Creek Boulevard Page 2
above the glass. The front elevation of the patio will aligned with The Counter's
enclosure.
• Existing landscape planter to be reconfigured to serve as a four -foot landscape buffer
between the enclosure and the public right of way. The existing planters include a
selection of drought tolerant species, including Japanese boxwood, Acorus ogon grass,
and Variegated New Zealand Flax. The proposed plantings in the new planter area will
be like -for -like.
The proposal will enhance the customer and pedestrian experience of Biltmore. Additionally, based
on the consistent design, size, materials, and orientation of the patio enclosure and perimeter
landscaping to the previously approved site modifications for The Counter, the proposed
alterations are considered minor.
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 "Outdoor Patio Seating" prepared by Beaumont &
Associates, consisting of one sheet labeled Al, dated May 31, 2019, and color and materials
samples, 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.
2. ACCURACY OF THE 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. 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.
4. 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.
5. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
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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.
6. 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 September 3, 2019. The 14 -calendar -day appeal period
will expire on September 17, 2019.
Enclosure:
Plan set
Colors and Materials Samples