DIR-2021-024 Action Letter CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu,Director of Community Development
Prepared by: Jeffrey Tsumura, Associate Planner
Date: November 12,2021
Subject: Director's Minor Modification,DIR-2021-024, to consider a new outdoor waiting area
and modifications to an existing outdoor patio area at an existing retail building
(Shop 3)within Main Street Cupertino located at 19369 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 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 44 ,
project is located at the
northwest corner of the Stevens
Creek Boulevard and Tantau
Avenue intersection. The site is
bounded by Stevens Creek y
Boulevard to the south, Tantau '
Ave to the east, Vallco Parkway `°-; • 'st.y„
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. The subject property was previously reviewed and approved through
the master permits (M-2013-03, and ASA-2012-15) for the use of space, architectural style of the
DIR-2021-024
19369 Stevens Creek Boulevard,Suite 100 Page 2
building, landscaping, and patio dining area. A new restaurant tenant, Koi Palace, is proposing to
occupy the currently vacant space within the Shop 3 retail building previously occupied by another
restaurant, Chef Hung. The applicant, Chris Ho of C & E Designs, on behalf of Main Street
Cupertino, LLC,is requesting to allow modifications to the outdoor seating area and a new outdoor
waiting area to the tenant space.
DISCUSSION
The project scope focuses on enhancing the patio area along the westerly side of the building for
more comfortable year-round use and to make it more visually appeasing. The existing outdoor
dining area is located along the west side of the building in an underutilized space within the
shopping center, with Alexander's Steakhouse next door, a clock tower feature to the north and a
water feature to the south facing out towards Stevens Creek Boulevard. The proposal is intended to
help activate this space as well as enhance the pedestrian and outdoor dining experience. The
number of outdoor seats will be limited to 20% of the number of authorized indoor seats permitted
by right under the General Commercial (CG) zoning designation. The alterations include:
• An increase in the outdoor dining area from approximately 314 SF to 611 SF.
• A new wood trellis structure above the patio area. This will be supported by steel posts with
low stone columns to match the adjacent clock tower stone columns along the building.
• Enclosure of the outdoor dining area with a low wood fence and metal railings between the
new stone columns, consistent with the architectural style and existing outdoor dining
enclosures within the shopping center.
• Modifications of the existing window systems along the west elevation for purposes of
ingress and egress.
Additionally, the applicant is proposing an outdoor waiting area along the front(north)entry of the
restaurant. The space will function only as a waiting area for patrons and to-go customers. No
dining service will be accommodated. The architectural features add to the exterior of the main
building and improve the functionality of the outdoor space while also conforming to existing
design standards for the shopping center. The alterations include:
• Utilizing the existing stone columns in the front and adding a low wood fence enclosure
similar to the outdoor dining area.
• The addition of a new to-go window within the existing window system to facilitate takeout
orders in response to a post-COVID restaurant business model.
• Relocation of the entry door within the existing window system.
The expanded outdoor dining and waiting areas will not impede ADA accessibility and pedestrian
circulation within this area of the shopping center, and will be reviewed by the Building Division
during building permit submittal to review compliance. 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:
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19369 Stevens Creek Boulevard,Suite 100 Page 3
1. APPROVED EXHIBITS
Approval is based on exhibits titled "Tenant Improvement Koi Palace Contempo, 19369 Stevens
Creek Blvd. #100" prepared by Chris Ho of C& E Designs, consisting of eight sheets labeled
A1.0, A2.0, A2.1, A4.0, A4.1, A4.2, R-1f, and R-1", dated December 15, 2020, and revised
September 29,2021, 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.
4. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval and as specifically
amended by this Director's Minor Modification approval.
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the original
approved plans. Final building exterior treatment plan (including but not limited to details on
exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or
embellishments) shall be reviewed and approved by the Director of Community Development
prior to issuance of building permits to ensure quality and consistency. Any exterior changes
determined to be substantial by the Director of Community Development shall either require a
modification to this permit or a new permit based on the extent of the change.
6. 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.
7. 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.
8. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to
indemnify, defend with the attorneys of the City's choice, and hold harmless the City, its City
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19369 Stevens Creek Boulevard,Suite 100 Page 4
Council, and its officers, employees, and agents (collectively, the "indemnified parties") from
and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or
proceeding (collectively referred to as "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
related to any Ordinance, Resolution, or action approving the project, the related entitlements,
environmental review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to damages,fees,
and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs,
liabilities, and expenses incurred in connection with such proceeding whether incurred by the
Applicant,the City, or the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees and
costs incurred in defense of the litigation. Such attorneys' fees and costs shall include amounts
paid to the City's outside counsel 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. The applicant shall likewise agree to indemnify, defend, and hold harmless
the indemnified parties from and against any damages, attorneys' fees, or costs awards,
including attorneys' fees awarded under Code of Civil Procedure section 1021.5, assessed or
awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in
additional investigation or study of, or for supplementing, redrafting, revising, or amending,
any document (such as an Environmental Impact Report, negative declaration, specific plan, or
general plan amendment) if made necessary by proceedings challenging the project approvals
and related environmental review, if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for business
interruption, punitive, speculative, or consequential damages.
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.
This approval of the modification is effective November 12, 2021. The 14-calendar-day appeal
period will expire on November 30,2021.
Enclosure:
Plan set