Loading...
PC Packet 12-08-2015CITY OF CUPERTINO AGENDA Tuesday, December 8, 2015 10350 Torre Avenue, Council Chamber PLANNING COMMISSION 6:45 PM SALUTE TO THE FLAG ROLL CALL APPROVAL OF MINUTES 1.Subject: Draft Minutes of November 24, 2015 Recommended Action: approve or modify Draft Minutes of November 24, 2015 Draft Minutes of November 24, 2015 WRITTEN COMMUNICATIONS POSTPONEMENTS/REMOVAL FROM CALENDAR ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. CONSENT CALENDAR PUBLIC HEARING 2.Subject: Use Permit for a separate full service bar and late hours of operation at a restaurant located in Shop 4 within the Main Street Cupertino development; and Architectural and Site Approval to allow enhancements to the exterior patio dining area for the restaurant. (Application No.(s): U-2015-08 & ASA-2015-25; Location: 19479 Stevens Creek Blvd, APN: 316-20-112; Applicant: Jonathan Siu (Alexander’s Steakhouse); Owner: Main Street Cupertino Aggregator LLC) Page 1 CITY OF CUPERTINO December 8, 2015Planning Commission AGENDA Recommended Action: Staff recommends that the Planning Commission the following in accordance with the draft resolutions: 1.approve the Use Permit (U-2015-08) to allow a restaurant with late hours and a separate bar; and 2.Architectural and Site Approval (ASA-2015-25) permit to allow façade and site modifications for a new restaurant and bar. Staff Report 1 - Draft Resolution U-2015-08 2 - Draft Resolution ASA-2015-25 3 - Plan Set 4 - Business Description with Menu 3.Subject: Use Permit for a separate bar, extended hours of operation and live entertainment at a proposed restaurant located in the Ninteen 800 (formerly Rosebowl) Mixed Use Development and Architectural and Site Approval to allow exterior patio modifications in conjunction with the proposed restaurant . (Application No.(s): U-2015-09 & ASA-2015-26; Location: 10088 N. Wolfe Road, #130; APN: 316-20-037 & 316-20-038; Applicant: Marc Diamalanta (Steins Beer Garden); Owner: Cupertino Property Developer I, LLC) Recommended Action: Staff recommends that the Planning Commission approve the following in accordance with the draft resolutions: 1.Use Permit (U-2015-09) approving a use permit to allow a separate bar, extended hours, and live entertainment at a proposed restaurant; and 2.Architectural and Site Approval (ASA-2015-26) approving an architectural and site approval permit to allow site modifications for a new restaurant and bar. Staff Report 1 - Draft Resolution U-2015-09 2 - Draft Resolution ASA-2015-26 3 - Plan Set 4 - Business Description OLD BUSINESS NEW BUSINESS REPORT OF THE PLANNING COMMISSION Environmental Review Committee Housing Commission Mayor’s Monthly Meeting with Commissioners Economic Development Committee Meeting Page 2 CITY OF CUPERTINO December 8, 2015Planning Commission AGENDA REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT 4.Subject: Director's Report Recommended Action: accept report Director's Report ADJOURNMENT Page 3 CITY OF CUPERTINO December 8, 2015Planning Commission AGENDA If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next Planning Commission meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the meeting to arrange for assistance. Upon request, in advance, by a person with a disability, Planning Commission meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Planning Commission after publication of the packet will be made available for public inspection in the Community Development Department located at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the Planning Commission concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to address the Planning Commission on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Please note that Planning Commission policy is to allow an applicant and groups to speak for 10 minutes and individuals to speak for 3 minutes. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 4 CITY OF CUPERTINO CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION MEETING DRAFT MINUTES 6:45 P.M. NOVEMBER 24, 2015 TUESDAY CITY COUNCIL CHAMBERS The regular Planning Commission meeting of November 24, 2015, was called to order at 6:45 p.m. in the Cupertino Council Chambers, 10350 Torre Avenue, Cupertino, CA. byChairperson Winnie Lee. SALUTE TO THE FLAG . ROLL CALL Commissioners Present: Chairperson:Winnie Lee Vice Chairperson:Alan Takahashi Commissioner: Geoff Paulsen Commissioner: Margaret Gong Commissioners Absent:Commissioner:Don Sun Staff Present: Asst. City Manager: Aarti Shrivastava Senior Planner:Adam Petersen Assistant Planner: Ellen Yau Consulting Attorney: Valerie Armento APPROVAL OF MINUTES: Minutes of the September 22, 2015 Planning Commissionmeeting: Page 8: (Chair Lee)2nd bullet; reads “said sherespected his opinion but it is not up to the Planning Commission; it is discretionary”. Chair Lee requested it be changed to read “said she respected his opinionbutsaid it was up to the Planning Commission.” Bottom of page 10: last motion, third last line, delete “and audience”and replace with “in ordinance” Motion:Motion by Com. Gong, second by Vice Chair Takahashi, and unanimously carried 4-0-0 (Com. Sun absent), to approve the minutesof the September 22, 2015 Planning Commission meeting as amended. WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: None Cupertino Planning Commission November 24, 20152 CONSENT CALENDAR: 2.Consider cancellation of the December22, 2015 Planning Commission meeting. MOTION:Motion by Com. Gong, second by Com. Paulsen, and unanimously carried 4-0-1to cancel the December 22, 2015 Planning Commission meeting.(Com. Sun absent) PUBLIC HEARING: 3.M-2015-01, ASA-2015-20, Modification to a previously approved Use Permit (U-1981-02) to 22643 Woodridge Ct.amend a condition of approval, which required two lots (lots 4 and Shen-I Chiou 11) to be restricted to single story structures within a planned Development, to allow a second storyaddition on lot 11; and Architectural and Site Approval to allow the construction of a 530 sq. ft. second-story addition to an existing single story, single family residence in a Planned Development Zone. Ellen Yau, Assistant Planner, presented the staff report: Reviewed the application for a modification to a previously approved Use Permit to amend a condition of approval, and Architectural and Site Approval as outlined in the staff report. The property is exempt from CEQA; the required noticing has been completed per Municipal Code legal ads, mail notices and site signage and no comments have been received. Staff recommends that the Planning Commission approve the modification to amend the condition that restricted single story structures on the two lots to allow Lot No. 11 to construct a second story addition and the Architectural and Site Approval to allow the 530 sq. ft. second story addition in accordance with the draft resolutions. Shen-I Chiou, Applicant: Said they have talked to the two adjacent neighbors about the addition and they do not oppose the proposed design. He said the proposed addition was small scale andthe FAR was in the mid-range compared to other lots. Chair Lee opened the public hearing; there was no one who wished to speak. The public hearing was closed. Com. Paulsen: Said hevisited the site and he felt it was an attractive design and compatible with the other homes. Said it is a far cry from the slab sided big box that some people were concerned about many years ago. Vice Chair Takahashi: Said he agreed; from the standpoint of its general impact and volume, it is minimal, especially to the front elevation which is critical. Com. Gong: Said she agreed that the look and feel fit in with the other homes; with the only impact being with the side neighbor. Cupertino Planning Commission November 24, 20153 Com. Paulsen: Commended staff on a clear and complete report. There was consensus on the FAR and the height. MOTION:Motion by Com. Cong, second by Vice Chair Takahashi, and unanimously carried 4-0-1, (Com. Sun absent) to approve Application M-2015-01 and Resolution ASA-2015-20 4.MCA-2015-01 Adoption of amendments to the Cupertino Municipal Code prohibiting City of Cupertino marijuana cultivation, dispensaries, and deliveries and commercial Citywide Location cannabis activities within the City of Cupertino. Adam Petersen, Senior Planner, presented the staff report: Reviewed the background of the item. In October 2015 Governor Brown signed three new laws relating to medical marijuana, AB 243 and 266 and SB 643; the bills create a broad state regulatory and licensing system governing the cultivation, testing, and distributing of medical marijuana, the manufacturing of marijuana products, and physician recommendations for medical marijuana. Under the new legislation, state licenses and local permits will be required for all facets of the medical marijuana industry. Details of AB 243, 266 and SB 643 are outlined in the attached staff report. With the laws in place, why is the Municipal Code being updated? Currently medical marijuana is prohibited. However, if Cupertino does not have land use regulations prohibiting the cultivation of marijuana by March 2016, the State becomes the sole licensing authority for medical marijuana. The key point is updating the Municipal Code preserves local control over marijuana issues for the City of Cupertino. The proposed ordinanceor the proposed amendments to the Municipal Code being considered would prohibit medical marijuana dispensaries and deliveries, cultivation and commercial cannabis activities. Under the code there are certain exclusions, including a qualified patient, marijuana cultivation facilities, commercial cannabis activities (detailed in the attached staff report). The benefits of the amendments and the prohibitions and exclusions is that they address all potential marijuana businesses that could possibly occur or be permitted under State law; and the public would benefit by the clear guidelines regarding the scope of the prohibited conduct in the city. He reviewed the proposed ordinance, legal issues, negative secondary effects, environmental assessment. Staff recommends that the Planning Commission adopt the Resolution recommending that the City Council enact an Ordinance amending Section 19.08.030 and add Chapter 19.98 of the Cupertino Municipal Code regarding medical marijuana dispensaries, cultivation facilities, commercial cannabis activities and medical marijuana deliveries. Staff answered questions regarding the proposed amendments, issues relative to private citizens cultivating marijuana on their property. Questions and issues were addressed, including legal ramifications of disclosure; home becoming a target; how to determine if caregiver is providing to only 5 clients; landlord not permitting cultivation on his rental property; is he discriminating?? Persons getting into difficult situations by revealing use of marijuana for medicinal use; staff indicated interest shown in licensing but not to extent of other cities; problems encountered in one’s home when cultivating marijuana; public nuisance laws still apply, city has control over other provisions of the law; issues involved in licensing; relative to cities considering ordinances, Cupertino is on the stricter side, severely limits marijuana; it prohibits medicinal and recreational marijuana; if California legalizes marijuana, Cupertino is in good shape; discussed some cities’ laws; there are numerous codes to address issues of growth on personal property; Com. Paulsen concurred with staff ontaking a conservative approach, have the other states gather data. Cupertino Planning Commission November 24, 20154 Chair Lee opened the public hearing. Razini Kolli, resident: Spoke about water usage; asked if the City could require necessity of disclosure relative to the cultivation/sale of marijuana on one’s property. Staff commented that property owner’s disclosure of cultivation of marijuana might result in the property becoming a target for thievery or violence. There was consensus that the main concerns were property damage and safety. Chair Lee closed the public hearing. MOTION:Motion by Vice Chair Takahashi, second by Com. Paulsen, and unanimously carried 4-0-1(Com. Sun absent) that the Planning Commission recommend that the City Council adopt an Ordinance of the City Council of Cupertino amending Section 19.08.030 and adding Chapter 19.98 of Title 19 to the Cupertino Municipal Code Regarding Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities, and Medical Marijuana Deliveries OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION Environmental Review Committee: No meeting. Housing Commission: No report. Economic Development Committee Meeting: Committee working on Draft Report on Economic Development. Project Matrix including Apple; Parkside Trail was withdrawn; Marina Plaza, General Plan Amendment approved by City Council; Hills of Vallco; Main Street –some building permits approved; Verizon/AT&T Wireless appealed to City Council. Mayor’s Monthly Meeting With Commissioners: Major Transportation: Working with VTA tofind solutions to highway gridlock TIC Comm.: Funds for Disaster Prep $150 Billion Fed Funds; Self-Driving Cars: Improve or Slow Down Traffic?? Chief Tech position open in the city. Community Choice Energy; Mayor working with other cities buying electricity from other than PG&E. Public Safety: Bike/Walk to school/work; school report –gather data on howkids get to school, some discrepancies Cupertino Planning Commission November 24, 20155 Parks and Rec.: Opened McClellan Ranch Environmental Education Center; Working on Citywide Parks Master Plan; 4 Cities Joint Feasibility Study for Stevens Creek Trail; Dec. 15 Joint meeting with Bike Ped Comm. Library Commission: Elimination of library card fees for out-of-area persons Usage went up 130% REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Several new restaurants opened; Reported on upcoming businesses/hotels –building permits Apple moving into offices Wireless/Verizon testing; AT&T expressed interest in participating 3 new staff members Com. Paulsen commended Ms. Shrivastava on progress on new projects/growth ADJOURNMENT: The meeting was adjourned to the December 8, 2015 Planning Commission meeting at 6:45 p.m. Respectfully Submitted: /s/Elizabeth Ellis Elizabeth Ellis, Recording Secretary PLANNING COMMISSION STAFF REPORT Agenda Item No. Agenda Date:December 8, 2015 SUBJECT: Use Permit for a separate full service bar and late hours of operation at a restaurant located in Shop 4 within the Main Street Cupertino development; and Architectural and Site Approval to allow enhancements to the exterior patiodining areafor the restaurant. (Application No.(s): U-2015-08 & ASA-2015-25; Location: 19379 Stevens Creek Blvd, APN: 316-20-112; Applicant: Jonathan Siu(Alexander’s Steakhouse); Owner: Main Street Cupertino AggregatorLLC) RECOMMENDATION: Staff recommends that the Planning Commission the following in accordance with the draft resolutions: 1.approve the Use Permit (U-2015-08)to allow a restaurant with late hours and a separate bar(Attachment 1);and 2.Architectural and Site Approval (ASA-2015-25) permit to allow façade and site modifications for a new restaurant and bar(Attachment 2). PROJECT DATA: General Plan Designation:Commercial/Office/Residential Special Area South Vallcosub-areawithin the Heart of the City Special Area Zoning Designation:P(CG, OP, ML, Res) Specific Plan:Heart of the City Specific Plan Shop 4 Area:12,616 square feet Number of Seats: Indoor Dinning:208 Separate Bar:10 Exterior Patio:50 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 U-2015-08 & ASA-2015-25 Alexander’s Steak House December 8, 2015 Max.number of employees:65 Hours of Operation – Main Restaurant: Proposed Allowed Monday 5:30 p.m. –9:30 p.m.7:00 a.m. –11:00 p.m. Tuesday, Wednesday 11:30 a.m. –9:30 p.m. 7:00 a.m. –11:00 p.m. Thursday –Saturday 11:30 a.m. –1:00 a.m.7:00 a.m. –11:00 p.m. Sunday 5:00 p. m. –9:00 p.m.7:00 a.m. –11:00 p.m. Bakery:8:00 a.m. –10:00 p.m.7:00 a.m. –11:00 p.m. Parking:Consistent with the Main Street shared parking plan Project Consistency with: General Plan:Yes Zoning:Yes Environmental Assessment:CategoricallyExempt, Section 15301 (Existing Facilities) BACKGROUND: Project Site and Surroundings 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 to the north, and the Metropolitan mixed-use development to the west. The project includes: Office buildings (260,000 s.f.) on the east and north-east portions of the site Parking garage (1,410 spaces) along Vallco Parkway 180-room hotel located at the southeast corner of the intersection of Vallco Parkway and the former Finch Road 130,500 s.f. of retail development comprising of: Retail buildings 7 and 8 near the public park Figure 1: Main Street Cupertino Project Location N U-2015-08 & ASA-2015-25 Alexander’s Steak House December 8, 2015 Shops 2-5 and pads 1-3 arranged around a pedestrian plaza at the northeast corner of the intersection of Stevens Creek Boulevard and the main entrance (former Finch Road) Flex/mixed-use buildings located east of the former Finch Road, along a new private street running east-west through the site Shop 6 and the major retail located at the northwest corner of the intersection of Stevens Creek Boulevard and the main entrance (former Finch Road) 120 unit rental Loft Apartments located at the southwest corner of the intersection of Vallco Parkway and the former Finch Road Town Square and pedestrian plaza located centrally on the site on a portion of the former Finch Road Public park located on the west side of the project site directly south of the Nineteen800 (Rosebowl) project The office and commercial components of the project havebeen constructed. The apartments, hotel, park, major retail, and shop 6 are under construction. Alexander’s Steak House will be locatedin Shop 4, as shown in Figure 1 above in black outline. DISCUSSION: Alexander’s Steak House is currently located in a stand-alone building within the Vallco Shopping District on the east side of N. Wolfe Road where ithas been operating since 2005. Relocation to the Main Street development offers the operatornewer and more visiblelocation that is in close proximity to theiroriginal location. The applicant, Jonathan Siu, representing Alexander’s Steak House, is requesting a Use Permit to incorporate a separate bar within the restaurant, and extended hours of operation.The General Commercial (CG) Ordinance requires that the Planning Commission review and approve requests for extended hours of operation (beyond the hours of 7:00a.m.and 11:00p.m.)and separate bar facilities. In conjunction with the proposed bar and extended hours of operation, an Architectural and Site Approvalis being requestedto allow enhancements to the patio area for outdoor dining.(See Attachment 3). Architectural and Site Approvals may be approved by the Director of Community Development. However, since the permit is being sought concurrentlywith the use permit, the Municipal Code requires that the higher approval body review both requests. Operational Details Alexander’s Steak Houseis asit-down restaurantthat offerslunch and dinneroptions to customers. Theywill be adding a new component to the restaurant that serves pastries and coffee. The restaurant includes a separate bar area and banquet rooms for larger parties. In accordance with Main Street Cupertino condition of approval #33B.4, U-2015-08 & ASA-2015-25 Alexander’s Steak House December 8, 2015 Alexander’sis activating the restaurant frontage along Stevens Creek Boulevard by incorporating a connection from the interior dining and bar area to the secondarypatio area alongStevens Creek Boulevard. The proposed hours of operation comply with the City’s Municipal Code at all times except for Thursday through Saturday when the restaurant proposes to be open until 1:00 a.m. The restaurant will have a maximum of 65 employees at any given time.Employees will remain on site until 2:00amto clean up. Acondition of approval has been added to reflect this (See Attachment 4) Architectural & Site Approval Alexander’s is incorporating three outdoor dining areas:one near the main entrance facing theinterior courtyard ofMain Street(north patio), a seconddining area along the Stevens Creek Boulevardfrontage(south patio), and a third dining area alongthe western elevation of Shop 4 (west patio). To accommodate the new patio seating, modifications includehandrailsenclosing thenorthand southpatioareas. All patios includediningfurniture, heating lamps,and umbrellas for shade.The State’s Department of Alcoholic Beverage Control (ABC) requires patio areas to be enclosed in order to permit outdoor alcohol service. The proposed railing comprises of stained grade wood with cable wires and black metal posts and includes recessed,under-rail lighting. Theoutdoor dining furniture includesglass table tops with weather proof chairs, and sofaswith red and black couch cushions. Parking Main Street Cupertino has a previously approved shared parking plan with 1,984 spaces total that allows for 130,500 square feet of retail/restaurants and office with a limitation of 35% for restaurant uses. The proposal is within the allowed restaurant square footage for the project, and therefore,meets the parking requirements. Proximity to Residential Use The new restaurant will be located in the Heart of the City Specific Plan Area which is envisioned to serve as a gathering place. Main Street Cupertinoencourages commercial and retail use, with supportive residential development. The residential portion of the Main Street Cupertino (Loft Apartments) is located in a separate building approximately 480feet awayfrom the retail portion of the project. Other residential developments around the Main Street Cupertino development include: Metropolitan condominiums, located 510 feet to the west of the project, the Stevens Creek Village apartments, located500 feetto the south of the project across Stevens Creek Boulevard, an attached townhomecommunity located 540 feet to the south of the project on Craft Drive and Finch Avenue, and the closest single family residence located 650 feetfrom the new restaurant location. U-2015-08 & ASA-2015-25 Alexander’s Steak House December 8, 2015 In order to ensure that odors do not become a nuisance from the new establishment, a condition of approval has been added to include an odor abatement system in the kitchen. The project is not anticipated to impact any ofthe residential uses in the project vicinity. Security As conditioned, the applicant willsubmita security plan for the restaurantwhich will be reviewed and approved by the Santa Clara County Sheriff’s department prior to operation of the restaurant.In addition,the Cupertino Sheriff’s sub-station, located within the development,will further enforce safety and security throughout the project. A condition of approval has been added to require the property owner to address security concerns, in the event that they arise, and reimburse the City, in the event of additional Sheriff’s enforcement time. Other Department/Agency Review The City’s Public Works Department, Building Division, the Santa Clara County Fire Department, the Cupertino Sanitary District, and CalWater reviewed the project and have no objections. Their pre-hearing comments/conditions have been incorporated as conditions of approval in the draft resolutions. ENVIRONMENTAL ASSESSMENT The use permit is categorically exempt from the California Environmental Quality Act (CEQA) per section 15301(Existing Facilities) of the CEQA Guidelinesbecause the proposed use occurs within the city limits and is surrounded by existing urban uses. PUBLIC NOTICING & OUTREACH The following table is abrief summary of the noticing done for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda Site Signage (at least 10 days prior to hearing) Legal ad placed in newspaper (at least 10 days prior to hearing) Notices mailed to property owners adjacent to the project site (at least 10 days prior to the hearing) Posted on the City's official notice bulletin board (5 days prior to hearing) Posted on the City of Cupertino’s Web site (5 days prior to hearing) U-2015-08 & ASA-2015-25 Alexander’s Steak House December 8, 2015 PERMIT STREAMLINING ACT This project is subject to the Permit Streamlining Act (Government Code Section 65920 – 65964). The City has complied with the deadlines found in the Permit Streamlining Act. Project Received: October 8, 2015; Deemed Incomplete:November 5, 2015 Resubmittal: November 13, 2015; Deemed Incomplete: November 17, 2015 Resubmittal:November 18, 2015; Deemed Complete:November 18, 2015 Since this project is Categorically Exempt, the City has 60 days (until January 18, 2015) to make a decision on the project. ThePlanning Commission’s decision on this project is final unless appealed within 14 calendar days of the decision. CONCLUSION Staff recommends approval of the project since the project and conditions of approval address all concerns related to the proposed development and all of the findings for approval of the proposed project, consistent with Chapter 19.168 of the Cupertino Municipal Code, may be made. Prepared by: Tiffany Brown, Associate Planner Reviewed and Approvedby: /s/Piu Ghosh Piu Ghosh Principal Planner ATTACHMENTS: 1 –Draft Resolution U-2015-08 2 –Draft Resolution ASA-2015-25 3 –Plan Set 4 –Business Descriptionwith Menu U-2015-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINOAPPROVING A USE PERMITTO ALLOW A RESTAURANTWITHLATE HOURSAND SEPARATE BAR LOCATED IN A MIXED USE DEVELOPMENT AT 19379STEVENS CREEK BOULEVARD SECTION I: PROJECT DESCRIPTION Application No.:U-2015-08 Applicant:Jonathan Siu, Alexander’s Steakhouse Location:19379Stevens Creek Blvd. SECTION II: FINDINGSFOR DEVELOPMENTPERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a UsePermitas described in Section I.of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinanceof the City of Cupertino, and the Planning Commission 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 Planning Commission finds as follows with regard to this application: 1.The proposed 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; The new restaurant with bar will be located within theMain Street Cupertino project, which encourages commercial and retail use, with supportive residential development. Main Street is envisioned to serve as a gathering place that supports the creation of a Main Street like environmentwhich is consistent with the request for late night hours of operation for the restaurant. To further mitigate impacts,the applicant shall incorporate adequate measures into the operations to ensure there is adequate bufferingfrom residences including installation of an odor abatement systemand as conditioned, and Draft Resolution U-2015-08 December 8, 2015 the applicant will preparea security planwhich will be reviewed and approved by the Sheriff’s Department. Therefore, the proposed use will not be detrimental to the public health, safety, and welfare. 2.The proposed use will be located and conducted in a manner in accordancewith the Cupertino Comprehensive General Plan and the purpose of this title. The proposed use complies with the Cupertino General Planand Municipal Code requirements,including but not limited to,parking regulations, hours of operation,and security measures. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration ofthe 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 2thereof,: The application for a Use Permit, Application no. U-2015-08is herebyrecommended for approvalandthat the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Hearing record concerning Application no. U-2015-08as set forth in the Minutes of Planning Commission Meeting of December 8, 2015and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.APPROVED EXHIBITS Approval recommendation is based on the plan set received October 8, 2015 with revisions received on November 18, 2015 consisting of 7 sheets, A0.0, A2, A0.1, A0.2, A1.1, A2.1, A2.2, A6.0 and A6.1 entitled, “Tenant Imporvement Alexander’s Steak House” drawn by D-Scheme Studio; except as may be amended by conditions in this resolution. 2.ACCURACY OF PROJECT PLANS The application/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.PREVIOUS CONDITIONS OF APPROVAL All previous conditions of approval form Resolution No. 12-098 and Resolution No. 14.-122 shall remain in effect unless superseded by or in conflict with subsequent conditions of approval, including the conditions contained herein in this resolution. Draft Resolution U-2015-08 December 8, 2015 4.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. 5.COVENANT DISCLOSURE The property is under a Cupertino planned development zoning and property purchasers should check with the City to determine the specific restrictions under the Planned Development Zone and related permits. 6.OPERATIONS a.Theoutdoor patioshall be operated within the area delineated on the site plan exhibit.Changes deemed minor may be reviewed and approved by the Director of Community Development. b.The restaurant is approved to remain open to customers between 7:00a.m.and 1:00a.m.daily. c.Employees may enter the establishment at 6:00a.m.for prep, and may remain until2:00a.m.to accommodate time for clean up. d.Changes to the restaurantoperations determined to be minor shall be reviewed and approved by the Director of Community Development. 7.KITCHEN ODOR ABATEMENT All new facilities with a kitchen to preparefoodshall install odor abatement systems to reduce odor impacts from the kitchento the adjacent community. The odor abatement systems shall be installed prior to final occupancy of the associated business. Detailed plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 8.BUSINESS LICENSE The business owners shall obtain a City of Cupertino business license prior to building permit issuance. 9.ALCOHOLICBEVERAGE CONTROL LICENSE The applicant shall obtain and adhere to the appropriate California Department of Alcoholic Beverage Control License(s)(ABC)in conjunction with the proposed service. 10.SECURITY PLAN The applicant shall develop a security plan for the restaurant andbarthat should reference the comprehensive security plan for the Main Street Cupertino project as required by Resolution 12-098. The plan shall be prepared by the applicant and approved by the Sheriff’s Department prior to final occupancy. Draft Resolution U-2015-08 December 8, 2015 11.SHERIFF DEPARTMENT REVIEW The property owner shall address security concerns in the event that they arise to the satisfaction of the City. The property owner shall pay for any additional Sheriff enforcement time resulting from documented incidents in the development at the City’s contracted hourly rate with the Sheriff Department at the time of the incident. The City reserves the right to require additional security patrols and/or other measures as prescribed by the Sheriff’s Office or Code Enforcement. 12.CONSULTATIONWITH 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 submitteddata may invalidate an approval by the Community Development Department. 13.MODIFICATION OF DRINKING ESTABLISHMENTOPERATIONS The Director of Community Development is empowered to make adjustments to the operation of the restaurant and barto address any documented problem or nuisance situation that may occur. 14.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, substantial evidence indicates that the conditions of the conditional use permit have not been implemented, or where the permit is being conducted in a manner detrimental to the public health, safety, and welfare, in accord with the requirements of Chapter 19.12, Administration, of the municipal code. 15.EXPIRATION If the use for which this conditional use permit is granted and utilized has ceased or has been suspended for one year or more, this permit shall be deemed expired and a new use permit application must be applied for and obtained. 16.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 Draft Resolution U-2015-08 December 8, 2015 defense of the litigation.The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 17.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 8thday ofDecember,2015,at theRegular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: ____________ Piu Ghosh Winnie Lee,Chair Principal Planner Planning Commission ASA-2015-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINOAPPROVING ANARCHITECTURAL AND SITE APPROVALPERMITTO ALLOW FAÇADE AND SITE MODIFICATIONS FOR A NEW RESTAURANT AND BARAT 19379STEVENS CREEK BOULEVARD SECTION I: PROJECT DESCRIPTION Application No.:ASA-2015-25 Applicant:Jonathan Siu, Alexander’s Steakhouse Location:19379Stevens Creek Blvd. SECTION II: FINDINGSFOR ARCHITECTURAL AND SITE APPROVAL: WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission 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 Planning Commission 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 conveniencein that; The new restaurant will be located within the Main Street Cupertino project,which is envisionedto serve as a gathering place that 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. In addition, the Draft Resolution ASA-2015-25 December 8, 2015 applicant will preparea security planto mitigate security concerns. Therefore, the proposed use will not be detrimental to the public health, safety, and welfare. 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 changeshave been proposed to the existing building that doesnot affect the overall architectural quality of the building. The project is not proposing tosignificantlyalter the exterior of the existing one story retail building. There are no changes to the buildingas a part of this permit. The applicant is proposing new railing for the outdoorpatio areas. 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 issituated. The location and materials of the proposed site improvements for thepatioareas 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. Main Street Cupertino has an approved sign program that the tenant will comply with. No signage is proposed 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 existing development is designed to buffer the residential portion of the development from noise, traffic, light and visually intrusive effects. The residential portion of the developmentand existingresidencesarebuffered from the restaurantby other retail buildingswith associated landscaping and trees.All lights are designed to be directed away from all neighboringresidential development. Draft Resolution ASA-2015-25 December 8, 2015 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 2thereof,: The application for an Architectural and Site Approval, Application no. ASA-2015-25,is hereby approved,andthat the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application no.ASA-2015-25as set forth in the Minutes of Planning Commission Meeting of December 8, 2015, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.APPROVED EXHIBITS Approval recommendation is based on the plan set received October 8, 2015,with revisions received on November 18, 2015 consisting of 7sheets, A0.0, A2, A0.1, A0.2, A1.1, A2.1, A2.2, A6.0 and A6.1 entitled, “Tenant ImprovementAlexander’s Steak House” drawn by D-Scheme Studio; 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 requireadditional review. 3.PREVIOUS CONDITIONS OF APPROVAL All previous conditions of approval form Resolution No. 12-098 and Resolution No. 14.-122 shall remain in effect unless superseded by or in conflict with subsequent conditions of approval, including theconditions contained herein in this resolution. 4.COVENANT DISCLOSURE The property is under a Cupertino planned development zoning and property purchasers should check with the City to determine the specific restrictions under the Planned Development Zone and related permits. 5.STOREFORNT WINDOW DETAILS Prior to building permits issuance, the applicant shall work with Staff to further Draft Resolution ASA-2015-25 December 8, 2015 enhance building windows requested to be covered or spandralled due to operational activities such as kitchen, employee breakroom etc.,which may include but not be limited to the use of clear glass, artwork, backlit features or similar features as determined to be appropriate by the Community Development Director. 6.PEDESTRIAN CIRCULARION Prior to building permit issuance the pedestrian circulation from the parking lot and public right of way to the restaurant shall be reviewed to ensure that accessible paths of travel are being maintained. 7.SIGNAGE Signage is not approved withthis permit application. The patio umbrellas are not approved for signage. Signage shall conform to the Main Street CupertinoSign Program. 8.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. Specifically, the following items shall be addressed prior to building permit issuance: a)Prior to building permits issuance, the applicant shall work with Staff to further enhance building windows along the westelevation requestingto be spandrel or blocked from view, which may include but not be limited to the use of clear glass, artwork, backlit features or similar features as determined to be appropriate by the Community Development Director. b)The planning department shall review the final design of the patio area including the patio railing, seating, lighting, shade umbrellas, landscaping, etc. prior to building permit issuance. 9.LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. a) Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b)Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de- thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. Draft Resolution ASA-2015-25 December 8, 2015 c)Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 10.SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 11.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. 12.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. 13.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. 14.INDEMNIFICATION Except as otherwise prohibitedby law, the applicant shall indemnify and hold harmless the City, its City Council,andits officers, employees and agents (collectively,the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party againstone or more of theindemnified partiesor one or more of the indemnified partiesand 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 actualattorneys’ fees and costs incurred in defense of the litigation. Theapplicant shall paysuch attorneys’ fees and costswithin 30 daysfollowingreceipt of invoices from City. Draft Resolution ASA-2015-25 December 8, 2015 Suchattorneys’ fees and costsshall include amountspaid 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. 15.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, pursuantto 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 8th day ofDecember2015,at theRegular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: ______ Piu Ghosh Winnie Lee, Chair Principal Planner Planning Commission PLANNING COMMISSION STAFF REPORT Agenda Item No. Agenda Date:December 8, 2015 SUBJECT Use Permitfor a separate bar, extended hours of operation and live entertainmentat a proposed restaurant located in the Ninteen800 (formerly Rosebowl) Mixed Use Development and Architectural and Site Approval to allow exterior patio modifications in conjunction with the proposed restaurant. (Application No.(s): U-2015-09 & ASA- 2015-26; Location: 10088 N. Wolfe Road, #130; APN: 316-20-037 & 316-20-038; Applicant: Marc Diamalanta (Steins Beer Garden); Owner: Cupertino Property Developer I, LLC) RECOMMENDATION: Staff recommends that the Planning Commissionapprovethe following in accordance with the draft resolutions: 1.UsePermit (U-2015-09) approving a use permit to allow a separate bar, extended hours, and live entertainment at a proposed restaurant(Attachment 1);and 2.Architectural and Site Approval (ASA-2015-26) approving an architectural and site approval permit to allow site modifications for a new restaurant and bar (Attachment 2). PROJECT DATA: General Plan Designation:Commercial/Residential Zoning Designation:P(CG, OP, Res) Special Area:South Vallco Park sub-area within the Heart of the City Special Area Commercial Building Area:44,126 squarefeet Restaurant Area:6,876square feet Max. Number of Employees:25 DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 U-2015-09& ASA-2015-26 Steins Beer Garden and Restaurant December8, 2015 Parking Spaces Required:73(see ‘Parking’section below for more details) Available:73 Hours of Operation: Sunday –Thursday 10am –11pm Friday –Saturday 10am –12am Project Consistency with: General Plan:Yes Zoning:Yes Environmental Assessment:Categorically Exempt BACKGROUND: Previous City Approvals The City Council approved the Nineteen800 Mixed Use Developmentin October 2004 (Permit No.(s): U-2004-10, ASA-2005-03, and TM-2006-08).Constructionon the development was completed in October 2015 and several tenantsare currentlyin operation. Existing Center and Surroundings The project site is located within the South Vallco Parksub-areawithin the Heart of the CitySpecial Area, on the south-east corner of N.Wolfe Road and Vallco Parkway. To the west of the site is Vallco Mall, former Searsand Bay Club; future Main Street project to the east; Vallco Mall/JC Penneyand office buildings to the north; and a residential mixed use development(Metropolitan)and an office complex to the south. DISCUSSION: Application Request The applicant, Marc Diamalanta, representing SteinsBeer Garden, is requesting a Use Permit to incorporate a separate bar within the restaurant, extended hours of operation, and live entertainment. The General Commercial (CG) Ordinance requires that the Planning Commission review and approve requests for extended hours of operation (beyond the hours of 7:00amand 11:00pm), live entertainment, and separate bar facilities. In conjunction with the use permit requests, the applicant is requesting an Architectural and Site Approval to allow enhancements to the patio area for outdoor dining(See Attachment 3). U-2015-09& ASA-2015-26 Steins Beer Garden and Restaurant December8, 2015 Typically, Architectural and Site Approvals may be approved by the Director of Community Development, however, since the permit is being sought concurrently, the Municipal Code requires that the higher approval body review both requests. OperationalDetails Steins is a sit-down restaurant that offers lunch and dinner options to customers. The proposed floor plan includes a private dining areaand a separate bar areaintegrated within the restaurant.Steinsis activating the restaurant frontage along Wolfe Roadby incorporating a patio area along Wolfe Road. The proposed hours of operation are 10:00am to 11:00pm, Sunday through Thursday, and 10:00am to 12:00am,Friday through Saturday. The applicant proposes to have 166 table seats, 17 bar seats and a maximumof 25 employees per shift. (See attachment 4: Business Plan) Theproposedoperationsinclude live entertainment and music which will be ancillary to the restaurant use and designed specifically for special events. The music maybe amplified and located indoors oroutdoors. The allowed hours for live music shall be consistent with the Community Noise Ordinance. Music genres will include stylesthat promote easy listeningsuch as classic rock, acoustic folk and jazz.A condition of approval has been added which requires all noise levelsto bein compliance with the City’s Community Noise Ordinance. Proximity to Residential Use The new restaurant will be located in the South Vallco Park sub-area within the Heart of the City Special Area which is envisioned to serve as a gathering place that supports the creation of a Main Street style environment with a downtown feel. The vision for the area and project site encourages regional commercial offices and an entertainment center with daytime and nighttime entertainment activities, with supportive residential development. The closest single-family residential property is located approximately 830 feet to the west and a residential mixed use development is located directly to the south. The residential portion of the project has separate pedestrian entrances from the retail portion of the project and the applicant has adequate measures incorporated into the operations to ensure that there is adequate buffering from the residences above, including installation of an odor abatement system. Additionally, the parking for the residential portion of the project is separated from the retail portion of the project keeping the patrons separate from the residents. Therefore, the project is not anticipated to impact the residential units within the project nor the nearby residential neighborhoods. U-2015-09& ASA-2015-26 Steins Beer Garden and Restaurant December8, 2015 Security The Santa Clara County Sheriff’s office has reviewed the projectand the restaurant’s proposed security planand does not foresee any security concerns or negative impacts to the surrounding neighborhood. A condition of approval has been added to require the property owner to address security concerns in the event that they arise and pay for additional Sheriff’s enforcement time if required. Architectural & Site Approval To accommodate the new patio seating, the site modifications include planter boxes enclosing thepatio areawith dinningfurnitureandheating lamps. The enclosed patio areaisrequired by the State Department of Alcohol and Beverage Control (ABC) for serving alcohol outdoors. The proposed planters are made of wood with a dark gray finishand copper band. In addition to these amenities, the patio area includes a new trellisstructure.The outdoor dining furniture includes custom redwood benches and tables with a clearfinish. The City’s Architectural Consultant has reviewed the site and architectural details and supports the design. Staff supports the proposed façade modifications since they are consistent with the architectural theme ofthe remainder of the building. Parking The project wide parking supply was reviewed and approved by the City Council in October 2004. The following table summarizes the parking provided for the Nineteen800 development, including the proposed restaurant: Required Parking Ratio Parking Required Existing Food Uses within development 1 space/4 seats + 1 space/employee + 1 space/3 seats (bar) 48.25 Vacant Commercial Areas (36,689 sq. ft.)1 space/250 sq. ft. 151.03 Steins Beer Garden: 136 indoor seats 1 space/4 seats 34 30 outdoor seats 1 space/4 seats 7.5 17 bar seats 1 space/3 seats 5.7 25 employees/shift 1 space/employee 25 Total Required for Steins:72.2 Total Project wide Parking Required:271.48 (271) Total Project wide Parking Provided:475 U-2015-09& ASA-2015-26 Steins Beer Garden and Restaurant December8, 2015 Total Project wide Parking Surplus:203.52 (204) Other Department/Agency Review The City’s Public Works Department, Building Division, and the Santa Clara County Fire Departmenthave reviewed the project and have no objectionsto the proposed plans. ENVIRONMENTAL ASSESSMENT The use permit is categorically exempt from the California Environmental Quality Act (CEQA) per section 15301(Existing Facilities) of the CEQA Guidelinesbecause the proposed use occurs within an existing facility and minor alterations will be made within an urban, developed environment. PUBLIC NOTICING & OUTREACH The following table is a brief summary of the noticing done for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda Site Signage (14 days prior to the hearing) Legal ad placed in newspaper (at least 10 days prior to the hearing) Notices mailed to property owners adjacent to the project site (10 days prior to the hearing) Posted on the City's official notice bulletin board (five daysprior to the hearing) Postedon the City of Cupertino’s Web site (five daysprior to the hearing) PERMIT STREAMLINING ACT This project is subject to the Permit Streamlining Act (Government Code Section 65920 – 65964). The City has complied with the deadlines found in the Permit Streamlining Act. Project Received: October 29, 2015 Deemed Complete:November 23, 2015 Since this project is Categorically Exempt, the City has 60 days (until February 8, 2016) to make a decision on the project. ThePlanning Commission’s decision on this project is final unless appealed within 14 calendar days of the decision. CONCLUSION Staff recommends approval of the project since the project and conditions of approval address all concerns related to the proposed developmentand all of the findings for U-2015-09& ASA-2015-26 Steins Beer Garden and Restaurant December8, 2015 approval of the proposed project, consistent with Chapter 19.168 of the Cupertino Municipal Code, may be made. Prepared by: Kaitie Meador, Assistant Planner Reviewedand Approvedby: /s/Piu Ghosh Piu Ghosh Principal Planner ATTACHMENTS: 1 –DraftResolution U-2015-09 2 –Draft Resolution ASA-2015-26 3–Plan Set 4–Business Description U-2015-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINOAPPROVING A USE PERMITTO ALLOW A SEPARATEBAR, EXTENDED HOURS, AND LIVE ENTERTAINMENTAT A PROPOSED RESTAURANTLOCATED IN A MIXED USE DEVELOPMENT AT 10088 N WOLFE ROAD SECTION I: PROJECT DESCRIPTION Application No.:U-2015-09 Applicant:Marc Dimalanta(Steins Beer Garden) Location:10088 N. Wolfe Road SECTION II: FINDINGSFOR DEVELOPMENTPERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Development Permitas described in Section I.of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinanceof the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA); and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: 1.The proposed 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; The proposed location of the restaurantis located within the South Vallco Park sub-areawithin the Heart of the City SpecialArea whichencourages daytime and nighttime entertainment activities. Additionally, the closestsingle-family residential property is located approximately Draft Resolution U-2015-09 December 8, 2015 830 feet from the proposed restaurant. To further mitigate impacts the applicant shall incorporate adequate measures into the operations to ensure that there is adequate bufferingfrom residences including installation of an odor abatement system. Adequate security measures are incorporated into the proposed project. Therefore, the proposed use will not be detrimental to the public health, safety, and welfare. 2.The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. The conditions of approval of the project ensure that the proposed restaurant use will be conducted in a manner in accord with the City’s General Plan and Municipal Code. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration ofthe maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2thereof: The application for a Use Permit, Application no. U-2015-09,is herebyrecommended for approvalandthat the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Hearing record concerning Application no. U-2015-09as set forth in the Minutes of Planning Commission Meeting of December 8, 2015, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT 1.APPROVED EXHIBITS Approval recommendation is based on the plan set received October 29, 2015consisting of 10sheets, labeledA0.0, A0.2, A0.3, A2.0, A2.1, A2.2, A3.0, A5.0, A6.0, and A6.1 entitled, “Steins Beer Garden, 10088 N. Wolfe Road, Suite 130, Cupertino, CA 95014,” drawn by D-Scheme Studio; 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. Draft Resolution U-2015-09 December 8, 2015 4.EXPIRATION If the use for which this conditional use permit is granted and utilized has ceased or has been suspended for two year or more, this permit shall be deemed expired and a new use permit application must be applied for and obtained. 5.OPERATIONS a.The restaurant shall be operated within the area delineated on the site plan exhibit. b.The allowed hours of operation are 10:00am to 11:00pm, Sunday –Thursday and 10:00am to 12:00am, Friday–Saturday. c.Employees may remainon-siteuntil midnight, Sunday –Thursday and until 1:00 a.m., Friday -Saturdayto accommodate time for cleanup. d.This permit allows for live entertainment indoors and within the outdoor patio area. Live entertainment within the outdoor patio area shall be limited to the hoursand decibel limitations allowedin Chapter 10.48,Community Noise Control Ordinance, of the Cupertino Municipal Code. e.Changes to the bar/restaurantoperations determined to be minor shall be reviewed and approved by the Director of Community Development. 6.OUTDOOR LIVE ENTERTAINMENT a.The outdoor live entertainment shall not produce noise levels above seventy dBA on any residential property for a period longer than three hours during the daytime. Daytime is defined to be between 8:00 a.m. and 8:00 p.m. b.The outdoor live entertainment shall not produce noise levels above sixty dBA on any residential property during the period from 8:00 p.m. to 11:00 p.m., and above fifty-five dBA after 11:00 p.m. c.Continuous or repeated peak noise levels above ninety-five dBA shall not be produced at any location. 7.HOUSING MITIGATION The applicant is required to pay any outstanding housing mitigation fees associated with the approved useprior to building permit issuance. 8.MODIFICATION OF RESTURANT 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. 9.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: Draft Resolution U-2015-09 December 8, 2015 a.Substantial evidence indicates that the conditions of the conditional use permit have not been implemented, or b.Complaints are received related to the tenantunder 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. 10.LAW ENFORMENT SUPPORT The property owner shall address security concerns in the event that they arise to the satisfaction of the City. The property owner shall pay for any additional Sheriff enforcement time resulting from documented incidents in the development at the City’s contracted hourly rate with the Sheriff Department at the time of the incident. The City reserves the right to require additional security patrols and/or other measures as prescribed by the Sheriff’s Officeor Code Enforcement. 11.BUSINESS LICENSE The business owner shall obtain a City of Cupertino business license prior to building permit issuance. 12.STOREFRONT WINDOW DETAILS The storefront windows shall be kept open and transparent to the greatest extent possible. The final floor plan, storefront design and window display shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 13.SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. 14.RESTAURANT ODOR ABATEMENT Applicant shall installanodor abatement system to reduce odor impacts from the restaurant to the adjacent community. The odor abatement system shall be installed prior to final occupancy. Detailed plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 15.MECHANICAL AND OTHER EQUIPMENT SCREENING To the extent possible, unless demonstrated otherwise, to the satisfaction of the Director of Community Development, all mechanical and other equipment shall be placed in areas not visible from the public street areas. In the event that it is not possible to locate such equipment away from the public street areas, all mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street Draft Resolution U-2015-09 December 8, 2015 areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 16.CONSULTATION WITH OTHER DEPARTMENTS Theapplicant 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. 17.INDEMNIFICATION Except as otherwise prohibitedby law, the applicant shall indemnify and hold harmless the City, its City Council,andits officers, employees and agents (collectively,the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party againstone or more of theindemnified partiesor one or more of the indemnified partiesand 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 actualattorneys’ fees and costs incurred in defense of the litigation. Theapplicant shall paysuch attorneys’ fees and costswithin 30 daysfollowingreceipt of invoices from City. Suchattorneys’ fees and costsshall include amountspaid 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. 18.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. SECTION IV: CEQA REVIEW The project was determined to be categorically exempt in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq per Draft Resolution U-2015-09 December 8, 2015 Section 15301 (Existing Facilities) of the CEQA Guidelines because it relates to interior improvements to an existing facility in a development, urban environment. PASSED AND ADOPTED this 8thday ofDecember,2015,Regular Meeting of the Planning Commission of the City ofCupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: Piu Ghosh Winnie Lee,Chair Principal Planner Planning Commission ASA-2015-26 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINOAPPROVING AN ARCHITECTURAL AND SITE APPROVALPERMITTO ALLOW SITE MODIFICATIONS FOR A NEW RESTAURANT AND BARLOCATED AT 10088 N WOLFE ROAD SECTION I: PROJECT DESCRIPTION Application No.:ASA-2015-26 Applicant:Marc Dimalanta(Steins Beer Garden) Location:10088 N. Wolfe Road SECTION II: FINDINGSFOR ARCHITECTURAL AND SITE APPROVAL: WHEREAS, the Planning Commissionof the City of Cupertino received an application for an Architectural and Site Approval as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA); and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission 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 sub-areawithin 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 thereis adequate buffering from residences including installation of an odor abatement system. In addition, theapplicant has prepared a security planto mitigate Draft Resolution ASA-2015-26 December 8, 2015 security concerns. Therefore, the proposed use will not be detrimental to the public health, safety, and welfare. 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 doesnot affect the overall architectural quality of the building. The project is not proposing to significant alter the exterior of the existing two-story office building. Only the necessary site and building modifications/improvements associated with the restaurantoperation 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 issituated. The location, height and materials of the proposed site improvements forthe patioarea 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 restaurantuse 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 directedaway from the residential development.Therefore, all aspects of the new restaurant are designed to protect the residents from intrusive effects. Draft Resolution ASA-2015-26 December 8, 2015 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 2thereof,: The application for an Architectural and Site Approval, Application no. ASA-2015-26is hereby approved,andthat the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application no.ASA-2015-26as set forth in the Minutes of Planning Commission Meeting of December 8, 2015, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.APPROVED EXHIBITS Approval recommendation is based on the plan set received October 29, 2015 consisting of 10 sheets, labeled A0.0, A0.2, A0.3, A2.0, A2.1, A2.2, A3.0, A5.0, A6.0, and A6.1 entitled, “Steins Beer Garden, 10088 N. Wolfe Road, Suite 130, Cupertino, CA 95014,” drawn by D-Scheme Studio; 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 thebuilding plans. 4.STOREFRONT WINDOW DETAILS The storefront windows shall be kept open and transparent to the greatest extent possible. The final floor plan, storefront design and window display shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 5.PEDESTRIAN CIRCULARION Prior to building permit issuance the pedestrian circulation shall be reviewed to ensure that accessible paths of travel are being maintained. Draft Resolution ASA-2015-26 December 8, 2015 6.SIGNAGE Signage is not approved with this use permit application. The storefrontawnings and patio umbrellas are not approved for any signage. Signage shall conform to the City Sign Program. 7.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. 8.BUILDING TREATMENT The building exterior treatment (including but not limited to details on exterior color, material, architectural treatments and/or embellishments, lighting, patios walls, retractable bar windows, landscaping) shall be consistent with the Mixed Use Complex. Any exterior changes determined to be minor shall be reviewed and approved by the Director of Community Development. 9.SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 10.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. 11.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. 12.INDEMNIFICATION Except as otherwise prohibitedby law, the applicant shall indemnify and hold harmless the City, its City Council,andits officers, employees and agents (collectively,the “indemnified parties”) from and against any claim, action, or proceeding brought by a Draft Resolution ASA-2015-26 December 8, 2015 third party againstone or more of theindemnified partiesor one or more of the indemnified partiesand 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 actualattorneys’ fees and costs incurred in defense of the litigation. Theapplicant shall paysuch attorneys’ fees and costswithin 30 daysfollowingreceipt of invoices from City. Suchattorneys’ fees and costsshall include amountspaid to counsel not otherwise employed asCity 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. 13.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 8thday ofDecember2015,at theRegular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: _______ Piu Ghosh Winnie Lee, Chair Principal Planner Planning Commission Business Description Steins Beer Garden & Restaurant is a modern American take on the classic German biergarten end craft and import beers and features Modern American Gourmet comfort food from Executive Chef Colby M Reade. We operate a true all-scratch kitchen and prepare fresh bread daily, source sustainable ingredients as best we can local purveyors, and adhere to the never ever preservatives of any kind. Steins features a full bar with a complete spirits and wine list but our main attraction is our beer prog quickly become an industry leader in the Bay Area for all things beer. We are heavily engaged in Silicon Valley Beer Week, SF Beer Week and host various beer e ensure that all bartenders are Cicerone Level 1 certified, our beer draft system is professionally maintained and cleaned bi-weekly, and that we feature the most comprehensive and unique The general feel of the restaurant is electric and live gatherings and it is typical to see our outdoor patio (Beer Garden) In the same manner as our Mountain View location, Cupertino will feature lar large communal tables and open spaces provide the perfect venue for everything from the casual working lunches to birthday celebrations and company parties. It is commonplace to see various charitable events happen have supported and raised money and awareness for the Crohn’s and Colitis Foundation, Community Services Agency, Can Do MS, S.O.A.R. and Second Harvest Food Bank to name a few. We’ve also donated t organizations, schools and other non-profit groups. We plan to continue our involvement with the community in Cupertino as well. Steins has been voted best bar and patio in Mountain View every year since opening and in its first year Best New Business and honored at the Chambers of Commerce’s Celebration of Leaders in 2013. member of the Chamber of Commerce and Downtown Business Association as well as frequent donators to local charity auctions and community fundraisers. Steins is also the brainchild of the annually held Mountain View Oktoberfest; District held the first weekend of October and features authentic German food, beer and entertainment. The 3 Mountain View Oktoberfest which recently passed saw roughly 12,000 people in attendance and we expect growth for years to come. The festival has quickly become a staple in the City and has visitors flocking from all over the Bay Area. For our second location we are excited to open at nineteen800 in Cupertino! We believe firmly in the growth potential of the area and with Apple Headquarters and the new Hills at Vallco projects underway, we believe our proven concept will do well in a new Cupertino’s new, vibrant downtown. Steins Beer Garden & Restaurant is a modern American take on the classic German biergarten end craft and import beers and features Modern American Gourmet comfort food from Executive Chef Colby M Reade. chen and prepare fresh bread daily, source sustainable ingredients as best we can never ever program; we never use meat treated with antibiotics, hormones, or added complete spirits and wine list but our main attraction is our beer prog quickly become an industry leader in the Bay Area for all things beer. We are heavily engaged in Silicon Valley Beer Week, SF Beer Week and host various beer events throughout the year. Beer is what we are passionate about and we t all bartenders are Cicerone Level 1 certified, our beer draft system is professionally maintained and cleaned comprehensive and unique beer list in the Bay. The general feel of the restaurant is electric and lively. We are a destination spot for sporting events door patio (Beer Garden) vibrant and filled with a buzz of activity. In the same manner as our Mountain View location, Cupertino will feature large private event and banquet space. Our large communal tables and open spaces provide the perfect venue for everything from the casual working lunches to birthday celebrations and company parties. It is commonplace to see various charitable events happening at Steins as well. During our time in Mountain View we have supported and raised money and awareness for the Crohn’s and Colitis Foundation, Community Services Agency, Can Do MS, S.O.A.R. and Second Harvest Food Bank to name a few. We’ve also donated to various community profit groups. We plan to continue our involvement with the community in Steins has been voted best bar and patio in Mountain View every year since opening and in its first year Best New Business and honored at the Chambers of Commerce’s Celebration of Leaders in 2013. member of the Chamber of Commerce and Downtown Business Association as well as frequent donators to local charity annually held Mountain View Oktoberfest; a massive event staged in the Do District held the first weekend of October and features authentic German food, beer and entertainment. The 3 ain View Oktoberfest which recently passed saw roughly 12,000 people in attendance and we expect growth for years to come. The festival has quickly become a staple in the City and has visitors flocking from all over the location we are excited to open at nineteen800 in Cupertino! We believe firmly in the growth potential of the area and with Apple Headquarters and the new Hills at Vallco projects underway, we believe our proven concept ew, vibrant downtown. featuring 31 taps of high- end craft and import beers and features Modern American Gourmet comfort food from Executive Chef Colby M Reade. chen and prepare fresh bread daily, source sustainable ingredients as best we can from program; we never use meat treated with antibiotics, hormones, or added complete spirits and wine list but our main attraction is our beer program. Steins has quickly become an industry leader in the Bay Area for all things beer. We are heavily engaged in Silicon Valley Beer is what we are passionate about and we t all bartenders are Cicerone Level 1 certified, our beer draft system is professionally maintained and cleaned ly. We are a destination spot for sporting events and large party vibrant and filled with a buzz of activity. ge private event and banquet space. Our large communal tables and open spaces provide the perfect venue for everything from the casual working lunches to ing at Steins as well. During our time in Mountain View we have supported and raised money and awareness for the Crohn’s and Colitis Foundation, Community Services Agency, o various community profit groups. We plan to continue our involvement with the community in Steins has been voted best bar and patio in Mountain View every year since opening and in its first year was awarded Best New Business and honored at the Chambers of Commerce’s Celebration of Leaders in 2013. We are an avid member of the Chamber of Commerce and Downtown Business Association as well as frequent donators to local charity massive event staged in the Downtown District held the first weekend of October and features authentic German food, beer and entertainment. The 3rd Annual ain View Oktoberfest which recently passed saw roughly 12,000 people in attendance and we expect continued growth for years to come. The festival has quickly become a staple in the City and has visitors flocking from all over the location we are excited to open at nineteen800 in Cupertino! We believe firmly in the growth potential of the area and with Apple Headquarters and the new Hills at Vallco projects underway, we believe our proven concept Operational Data Our proposed hours of operation are: Sun~Thurs: 10am – 11pm Fri/Sat: 10am – Midnight Maximum number of employees at any given time will be roughly Live Music will be infrequent, designed specifically for special events (ie anniversary party, large banquets per request etc.) and may be both indoors and outdoors. Music may be amplified though not always. When using am system, we will monitor the sound levels and ensure decibels levels are in compliance with the Community Noise Ordinance. Time frame for any type of music will be limited between the hours of pleasant and easy listening (i.e. classic rock, acoustic folk, jazz etc) and never excessively loud genres (i inappropriate rap). Planning Permit Applications We will be applying for the following Planning P Minor Use Permit (UP) – Late Night Hours Minor Use Permit (UP) – Full Bar Minor Use Permit (UP) – Live Music Minor Architectural & Site Approval (ASA) – Security Plan 1. Emergency Contact Information A. For all safety and security management issues management can be reached by telephone at (408) 636 B. Steins Beer Garden team leaders will be on duty during business hours and will be responsible for monitoring and controlling the behavior of patrons. C. Managers of this establishment and their contact telephone numbers are listed below: ________________________________________________________________________________________ __________________________________________________ _________________________________________________ 2. Responsibilities of Personnel A. All bartenders and other employees shall be trained to recognize the symptoms of an obviously intoxicated patron, to refuse serving alcoholic beverages to obviously intoxicated patrons, and to report emergencies to the manager on duty and to law enforcement. B. Store personnel shall confirm that first aid supplies and operational fire extinguishers are located in the kitchen, and service areas. C. Store personnel shall confirm that the burglar and fire alarm is monitored by a security company 24 hours a day, 7 days a week. given time will be roughly 25. Live Music will be infrequent, designed specifically for special events (ie anniversary party, large banquets per request etc.) and may be both indoors and outdoors. Music may be amplified though not always. When using am system, we will monitor the sound levels and ensure decibels levels are in compliance with the Community Noise Ordinance. Time frame for any type of music will be limited between the hours of 11am - 9pm. Music will always be classic rock, acoustic folk, jazz etc) and never excessively loud genres (i Planning Permits: – Outdoor Patio Items For all safety and security management issues associated with this premises, Steins Beer Garden management can be reached by telephone at (408) 636-8878, 24 hours a day, 7 days a week. Steins Beer Garden team leaders will be on duty during business hours and will be responsible for rolling the behavior of patrons. Managers of this establishment and their contact telephone numbers are listed below: ________________________________________________________________________________________ ________________________________________________________________________________________ _________________________________________________ All bartenders and other employees shall be trained to recognize the symptoms of an obviously intoxicated alcoholic beverages to obviously intoxicated patrons, and to report emergencies to the manager on duty and to law enforcement. Store personnel shall confirm that first aid supplies and operational fire extinguishers are located in the Store personnel shall confirm that the burglar and fire alarm is monitored by a security company 24 hours a Live Music will be infrequent, designed specifically for special events (ie anniversary party, large banquets per request etc.) and may be both indoors and outdoors. Music may be amplified though not always. When using amplified sound system, we will monitor the sound levels and ensure decibels levels are in compliance with the Community Noise . Music will always be classic rock, acoustic folk, jazz etc) and never excessively loud genres (i.e. death metal, associated with this premises, Steins Beer Garden days a week. Steins Beer Garden team leaders will be on duty during business hours and will be responsible for Managers of this establishment and their contact telephone numbers are listed below: ________________________________________________________________________________________ ______________________________________ All bartenders and other employees shall be trained to recognize the symptoms of an obviously intoxicated alcoholic beverages to obviously intoxicated patrons, and to report emergencies to Store personnel shall confirm that first aid supplies and operational fire extinguishers are located in the Store personnel shall confirm that the burglar and fire alarm is monitored by a security company 24 hours a D. An adequate number of internal security cameras shall monitor the behavior of customers inside the building under the control of Steins Beer Garden. E. Store personnel shall regularly monitor the parking and service areas to ensure the areas are (1) free of people loitering or causing a disturbance and (2) are cleared of patrons and their vehicles one-half hour after closing. F. Store personnel shall correct any safety or security problems immediately upon written notice by law enforcement personnel. G. Store personnel shall keep a current copy of the security plan available for review by law enforcement personnel upon request. Subject: Report of the Community Development Director Planning Commission Agenda Date: Tuesday, December 8, 2015 Water Efficiency Landscaping Ordinance (WELO): As per Governor Brown’s Drought Executive Order (EO B-29-15), the Department of Water Resources (DWR) updated the State’s Model Water Efficient Landscape Ordinance (MWELO) which included revisions such as lowering the threshold size for landscapes subject to the ordinance from 2,500 sq. ft. to 500 sq. ft. and specifying other landscape and irrigation design standards to promote efficient landscaping. Local agencies have until December 1, 2015 to adopt a local ordinance or default to the State’s MWELO; agencies that work together to develop a Regional Ordinance have until February 1, 2016 to adopt an updated ordinance. Although Santa Clara Valley Water District (SCVWD) does not intend to develop a Regional Ordinance this time around, the Bay Area Water Supply & Conservation Agency (BAWSCA) have opened up their regional ordinance efforts to agencies in Santa Clara County (including non-member cities like Cupertino) and distributed their draft in early December. Due to the reduced timeline available for development and adoption of a local ordinance, the City will default to the State’s MWELO on December 1, 2015, review the draft distributed by BAWSCA, engage the community through public outreach, and present an updated ordinance for the City Council’s consideration tentatively by March 2016. GPA Authorization Application Process: As you may be are aware, the City Council adopted procedures for authorization of projects that propose General Plan Amendments in September 2015. The deadline for receipt of applications that propose General Plan Amendments for the City Council’s consideration in the 2016 First Cycle was November 16, 2015. The City received two applications; one for the Oaks Shopping Center and one for the site where the Goodyear Tire Center is currently located. Plans and other information, available on the project website, are currently under review. It is anticipated that the two applications will be presented to the City Council on Tuesday, February 2, 2016 (tentatively) for their review and decision on authorization. Up Coming Dates: From Thursday, December 24th though Friday January 1st, City Hall will be closed OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org