Reso 081CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 81
OF THE ADMINSTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO ALLOW
OUTDOOR SEATING WITHIN A PREVIOUSLY APPROVED PATIO AREA THAT IS MORE
THAN 20% OF THE INDOOR SEATING FOR THE RESTAURANT LOCATED WITHIN THE
NINETEEN800 MIXED-USE DEVELOPMENT.
SECTION I• PROJECT DESCRIPTION
Application No.: U-2017-05
Applicant: Marc Dimalanta
Location 10088 N. Wolfe Road Ste. 130 (A.P.N. 316-20-108)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application
to allow outdoor seating within a previously approved patio area that is more than 20% of the
indoor seating for the restaurant; and
WHEREAS, the exceedance of the 20% ratio is due to the reduction of indoor seats because of the
elimination of a previously approved indoor mezzanine level and the revision of seating interior
arrangements; and
WHEREAS, the project proposes a net increase of two outdoor seats; and
WHEREAS, the project is categorically exempt from the California Environmental Quality Act
(CEQA); and
WHEREAS, the necessary public hearing notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at least one
public hearing in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Administrative Hearing Officer finds:
1. The proposed development and/or 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;
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The proposed location of the restaurant is located within the South Vallco Park Gateway of the
Heart of the City Special Area which encourages outdoor activities that contribute to more
pedestrian -scaled active uses in public spaces and promotes design features and land uses that
enhance pedestrian street activity along major building frontages.
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 project is consistent with and will be conducted in a manner in accordance with
the General Plan, Zoning Ordinance and is consistent with previous approvals. Furthermore,
the use is categorically exempt under CEQA in that the proposed project involves negligible
changes to an existing use and is within an existing built up environment within the city limits.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in Section III of this Resolution
beginning on Page 2 thereof, the application for a use permit, Application No. U-2017-05 is hereby
approved; and
That the sub -conclusions upon which the findings and conditions specified in this Resolution are
based and contained in the public hearing record concerning Application U-2017-05 as set forth in
the Minutes of the Administrative Hearing Meeting of June 8, 2017, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "Outdoor Seating Steins Beer Garden 10088 N Wolfe
Road, Suite 130" consisting of ten (10) sheets labeled as A0.0, A0.1, A0.2, A0.3, A0.5, A0.6, A2.2,
A, A6.0, A6.1, and A6.2, drawn by D -Scheme Studio dated May 8, 2017 for Planning Submittal,
except as may be amended by conditions in this resolution.
2. ACCURACY OF 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.
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.
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4. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval, in accordance with U-2015-09, Resolution No. 6797 and
ASA -2015-26, Resolution No. 6796 as approved by the Planning Commission on December 8,
2015, shall remain in effect except as may be amended by conditions contained in this
resolution.
5. MODIFICATION OF RESTAURANT OPERATIONS
The Director of Community Development is empowered to make or allow adjustments to the
operation of the restaurant to address any documented problem or nuisance situation that may
occur or changes proposed by the restaurant operator that are determined to be minor.
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:
a. Substantial evidence indicates that the conditions of the conditional use permit have not
been implemented, or
b. Complaints are received related to the tenant under this use permit, and the complaints
are not immediately addressed by the property management and/or the tenant, or
c. 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. 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. 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
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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 81h day of June, 2017 at a noticed Public Hearing 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.
ATTEST:
llen Yau
Assistant Pla r
APPROVED:
61 e �—
Catarina Kidd
Senior Planner