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Desk Items r es ems . _ _ , . annin . . om m � ss � on . mee � n U-2015-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO ALLOW A RESTAURANT WITH LATE HOURS AND A SAR LOCATED IN A MIXED USE DEVELOPMENT AT 19379 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: U-2015-08 Applicant: Jonathan Siu, Alexander's Steakhouse Location: 19379 Stevens Creek Blvd. SECTTON II: FINDINGS FOR DEVELOPMENT PERMIT: WHEREAS, the P1aru1u1g Coin�nission of the City of Cupertino received an application for a Use Permit as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have Ueen 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 ��IHER�AS the �ro�ect is determined ta be cate�oricallv exempt from the California Enviroi�mental Qualit�T Act(CEQA ; ai�d. WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Plannulg Commission finds as follows with regard to this application: 1. The proposed use, at the proposed location, will not be detrimental or uljurious to property or improvements in the vicinity, aild will not be detrimental to the public health, safety, general welfare, or convenience; Tlie new i�estau�•ant witli bar will be located witliin tlze Maiii Street Cupe�•tino ���oject, wliich encoua�ages commercial and ��etail use, witli su�portive 1•esidential develo}��neait. Main Street is envisioned to sea•ve as a gathering �lace that supports the creation of a Mai�z Stl�eet lilce envi��onment wliich is consistent with the request for late night hou��s of ope�•ation for tlie ��estau��ant. To furtlier mitigate inipacts, the ap�licant shall i�2co��porate adequate measures into tlie ope�•ations to e�isut�e t)ze��e is adequate buffe�•ing fi�orn T�esidences including installation of an odor abatement system and as conditioned, and t1Ze applicant will prepa��e a secu��ity plan wJzicli will be �•eviewed and a�p�•oved by tlie She�•iff's DeJ�a��tment. Tlie��efore, tlze��•oposed use will not be det��imental to the public health, safety, and welfa��e. ASA-2015-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW FA�ADE AND SITE MODIFICATIONS FOR A NEW RESTURANT AND BAR AT 19379 STEVENS CREEK BOULEVARD SECTION I: PROJECT DESCRIPTION Application No.: ASA-2015-25 Applicant: Jonathan Siu, Alexander's Steakhouse Location: 19379 Stevens Creek Blvd. SECTION II: FINDINGS FOR 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 pro�ect is determined to be cate oric�lly exein�t trom t11e Calitornia En��ir��ii�ent�l �t��litt� Act �CE�A); �nc-� 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 in that; The new restaurant will be located within tJie Main Street Cupertino p�roject, which is envisioned to serve as r� gathering place tliat encourages commercial and retail use, with supportTve 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 s�stem. In addition, the applicant will prepare a security plan to mitigate securit� coneerns. Tlierefore, tlie pro�osed use will not be detrimental to the public health, safety, and welfare. � Draft Resolution ASA-2015-25 December 8,2015 � 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 regu.late the subject property including, but not limited to, adherence to the following specific criteria: a) Only minor changes have been proposed to the existing building that does not affect the overall architectural quality of the building. The project is not proposing to significantly alter the exterior of the existing one story retail building. Thel�e are no changes to the building as a part of this permit. T{ae applicant is proposing new railing for the outdoor patio 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 is situated. The location and materials of the proposed site improvements for the patio areas harmonize with adjacent developments and are designed to complement the existing surrounding p��ofessional, 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 hccs an appYoved sign program that the tenant will comply with. No signage is pYoposed 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 Yesidential portion of the development from �zoise, tYa�c, light and visually intrusive effects. The �esidential portion of the develo�ment and existing residences aYe buffe�ed from the Yestaurant by other Yetail buildings with associccted landscc�ping and trees. All lights are designed to be directed away from all neighboring residential development. NOW, THEREFORE,BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in fhis matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,: � The application for an Architectural and Site Approval, Application no. ASA-2015-25 is hereby approved, and that the subconclusions upon which the findulgs and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application no. ASA-2015-25 as set forth in the Minutes of Planning Commission Meeting of December 8, 2015, and are incorporated by reference as though fully set forth herevz. � Draft Resolution ASA-2015-25 December 8,2015 � , 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 Improvement Alexander's Steak House" drawn by D- Scheme Studio; except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. 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. � 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 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 with this permit application. The patio umbrellas are not approved for signage. Signage shall conform to the Main Street Cupertino Sign 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 , Draft Resolution ASA-2015-25 December 8,2015 • Director of Community Development may approve additional designs or make minor variants as deemed appropriate. Specifically, the following iteins shall be addressed prior to building permit issuance: a) Prior to building permits issuance, the applicant shall work with Staff to further enhance building wuldows along the west elevation requesting to be spandrel or blocked from view, which may include but not be lisnited 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. 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 adjustrnents 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 fhe 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 FEAT'URE 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 withul a timely manner as determuzed by the Director of Community . Development. , Draft Resolution ASA-2015-25 December 8,2015 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 T'he 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 To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and ' against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 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 fihe amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby furtlier 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 8th day of December 2015, at the Regular Meeting of the � Planning Cominission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: . Draft Resolution ASA-2015-25 December 8,2015 ATTEST: APPROVED: Piu Ghosh Wi_nnie Lee, Chair Principal Planner Planning Commission