Reso 063CITY OF CUPERTINO
10300 'Torre Avenue
Cupertino, California 95014
RESOLUTION NO.63
A RESOLUTION OF THE ADMINISTRATIVE HEARING MEETING O F THE CITY OF
C P Elle INO APPROVING AN ARCHITECTURAL RAL AND SITE REVIEW TO ALLOW FOR A
NEW ]PATI® AT A PROPOSED NEW RESTAURANT (D®PPI® ZERO) AT NIN ET EEN800
SECTION Io PROJECT DESCRIPTION
Applications No.: ASA -2016-04
Applicant: Gianni Chiloiro (Doppio Zero Pizzeria)
Location: 10088 N. Wolfe Road #120
SECTION II: FINDINGS FOR ARCHITECTURAL ECT1CJRAIL AND SITE APPROVAL
WHEREAS, Clue City of Cupertino received an application for architectural and site approval as
described in Sections 1. of this resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance
of the Cit of Cupertino, and the Administrative. Hearing Officer has held at least one public
meeting in regard to the application, and
WHEREAS, t e project is determined to be categorically exempt from the California
Environmental Quality Ac-g (CEQA), Section 15301, Class 1 (existing facilities); and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Administrative Hearing Officer 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 restaurant will be located in the South Vallco Park Gateway within the Heart of the City
Specific Plan Area which is envisioned to serve as a gathering place. The vision for the area and project
site encourages commercial and retail use, with supportive residential development. To further mitigate
impacts, the applicant shall, incorporate adequate measures into the operations to ensure that there is
adequate buffering from residences including installation of an odor abatement system. Therefore, the
proposed use will not be detrimental to the public health, safety, and welfare.
Resolution No. 63 ASA -2016-04 July 14, 2016
2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and site review,
of the Cupertino Municipal Code, the General Plan, any 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:
a) Only minor changes have been proposed to the existing building that does not affect the
overall architectural quality of the building. The project is not proposing to significantly
alter the exterior of the existing two-story office building.
Only the necessary site and building modifications/improvements associated with the restaurant
operation for outdoor seating 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 site improvements 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 proposed restaurant use is located within an existing commercial space within a mixed-use
development. The restaurant will install an odor abatement system to ensure that odors do not
impact the residents that live within the development. All noise associated with the restaurant use
will be consistent with the Community Noise Ordinance. The parking for the restaurant has separate
access from the parking for the residents and will not displace any residential parking. All lights are
designed to be directed away from the residential development. Therefore, all aspects of the new
restaurant are designed to protect the residents from intrusive effects.
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 3 thereof,:
The application for an Architectural and Site Approval, application no. ASA -2016-04 is hereby
approved, and that the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the public meeting record concerning application no. ASA-
Resolution No. 63 ASA -2016-04 July 14, 2016
2016-04 as set forth in the minutes of the Administrative Hearing meeting of July 14, 2016, and are
incorporated by reference as though fully set forth herein.
SECTION lllo CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT D EPT.
1. APPROVED EXHIBITS
IBITS
Approval recommendation is based on the plan set received June 14, 2016 consisting of 2
sheets, labeled A-0 and A-1 entitled, "Doppio Zero ]pizzeria, 10088 N. Wolfe Rd., Suite 120,
Cupertino" drawn by Miramar Design for ]Entertaining Spaces; 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. 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.
4. SIGNAGE
Signage is not approved with this permit application. Signage shall conform to the City Sign
]program.
5. 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 make minor variants as deemed
appropriate.
6. SUBJECT TO ENCROACHMENT PERMIT
Project is subject to the terms and conditions of Encroachment ]Permit #7073, issued to
Cupertino ]Property Development l on November 2, 2015.
7. 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.
8. ]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.
Resolution No. 63 ASA -2016-04 July 14, 2016
9. 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.
10. 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.
PASSED AND ADOPTED this 14th day of July, 2016 at a noticed public meeting of the
Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of
Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section
19.12.120.
AT�T'T: APPROVED:
61 Sarah Filipe B 'min Fu
Project Planner Assist. Director of Community Development