M-2010-02b OFFICE OF THI: CITY CLERK
CITY HALL
10300 TORRE f�VENUE • CUPERTINO, CA 95014-3255
C U P E RT 1 N O TELEPHONE: (��08) 777-3223 • FAX: (408) 777-3366
November 19, 2010
A1 Parsano
Modena investment, LP
14550 Oak Street
Saratoga, Ca. 95070
Re: Approve modification to a Use Permit at Oaks Shopping Center
Dear Mr. Parsano:
At its November 16, 2010 meeting, the Cup�:rtino City Council took the following action:
Approved a Use Permit Modification to a11ow commercial entertairunent establishments and live
entertainment activities and to extend the hcurs of operation for such uses to 2:00 AM in the Oaks
Shopping Center. This applies to Applicatic�n M-2010-02; Applicant: A1 Parsano (Modena
Investment, LP & Sunnyvale Holding, LLC ►; Location: 21255-21275 Stevens Creek Boulevard.
The Use Permit conditions are as follows:
SECTION III: CONDITIONS ADMINISTEIZED BY THE COMMUNITY DEVELOPMENT DEPT.
1. REVISIONS TO USE PERMIT FILE v0. 20-U-86
Condition No•. 3 of Use Perxnit, file no. 20- U-86, is revised in its entirety as follows (new
text is underlined; deleted text is str ack through): ,
3. USE LIMITATION
Hours of operation shall be limii ed from 6 a.m. to midnight for retail shops, and 6:00
a.m. to 2:00 a.m. for restaur�nts, commercial entertainment establishments (not
otherwise prohibited), and live entertainment activities. "Sit-down" restaurants within
the center are permitted a maxur�um of 20,400 sq. ft. and a maximum of 800 total seats.
A minor adjustment in restaurar.t size may be permitted when it is demonstrated that
the total seat count does is nc�t excee � 800. ,
�3-1ccc�a��2i���a crs�r�E��. T'G,�, ,. , ,.�,��"„�„�,t�..,. �1,,., Fv:u .".�
- 'z��6-�av£—cr-�c�ucu'� 1... F..`.;1;a-,�� .�.#- +.-. ,.n.,.,.a +1«
. Theater:; are limited to approximately 11,000 sq. ft. of building
area and a maximum of 900 seats
November 19, 2010 Page 2
Condition No. 4 of Use Permit, file 10. 20- U-86, is revised in its entirety as follows (new
text is underlined; deleted text is stn; ck through):
4. GENERAL COMMERCIAL ORDII�TANCE
Unless otherwise allowed in this :-esolution (See Condition No. 3), new uses or reuse of
space within the Oaks Shopping Center shall be limited to �ermitted and conditional
uses '; ' under the City's General Commercial
Zoning Ordinance or any succes� or. z4'a' -e�-���e�$ed �� r'���'�'��r "T�
. , with the following modifications:
a. Billiard and pool halls, dance h�lls and arcades are prohibited uses;
b. All other commercial entertainment establishments are permitted uses, but must
obtain an Entertainment Permi�: from the Community Development De�artrnent; and
c. Live entertainment activities ut association with an existing business are �ermitted
uses, but must obtain an Ente: �tainment Permit from the Community Development
Department.
2. REVISIONS TO USE PERMIT FILE T10. U-2007-04
Condition No. 2 of Use Permit, File r1o. U-2007-04, is revised in its entirety as follows (new
text is underlined; deleted text is stn: ck through):
2. DEVELOPMENT APPROVAL
Approval is granted to construct a 4-story,122-room hotel and a 3-story, 51,000 square-foot
mixed use building over a parking ��odium. For the 3-story, mixed- use building the first
and second floors shall be devoted to general co�unercial uses as defined in the City's
"CG" zoning district. The third fl�or shall be limited to meeting, banquet, party and
conference uses_, T ��'-'� .'�'-� � „, , . All
tenants and customers of said bu ldings shall have access to parking spaces in the
underground parking podium.
Condition No. 7 of Use Permit, File r1o. U-2007-04, is revised in its entirety as follows (new
text is underlined; deleted text is strL ck through):
7. MASTER USE PERMIT (FILE NO. 20-U-86) MODIFICATION OF CONDITION NO. 3
The conditions of approval of the m�,ster use permit for the Oaks Shopping Center (file no.
20-U-86 and its modification, file no. M-2010-02) are incorporated by reference into this use
permit. Condition #3 (Use Lunitatio:�) is hereby modified to reduce the maximum number
of allowed restaurant seats from 80() to 600 to reflect the reduced shared parking supply
proposed for this development appli:ation.
3. NOTICE OF FEES, DEDICATIONS, I:ESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirem��nts, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Cor ditions constitute written notice of a statement of the
amount of such fees, and a desc±iption 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, dedicatiolis, 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 t�ie requirements of Section 66020, you will be legally
barred from later challenging such e�:actions.
November 19, 2010 Page 3
4. LIMITATION ON THE NUMBER O:? ENTERTAINMENT USES
The number of commercial entertair ment establishments and businesses with regular live
entertainment activities shall be li�nited to no more than four in the shopping center or
25% of the shopping center building area whichever is more restrictive.
5. ENTERTAINMENT USE LOCATIOT
All commercial entertainment establ;shments and live entertainment activities are confined
to building interiors. Exterior tenant doors are to remain in a closed condition and such
businesses shall provide adequate mEChanical ventilation and sound insulation to meet City
noise standards at the property line c nd the building wall that abuts an adjacent tenant.
All new live entertainment uses, (with the exception of the movie theater and Oaks Event
Center) shall not occupy storefronts i hat face the apartment buildings on Mary Avenue
(excluding the stand-alone building at the northwest corner of Mary Avenue and Stevens
Creek Boulevard.
6. SECURIT'Y PLAN
Applicant shall provide a security plan for the shopping center addressing any new
commercial entertainment establishrients and live entertainment activities. Plan shall be
prepared to the satisfaction of the S<<nta Clara County Sheriff's Office and the Director of
Community Development. Plan provisions shall include: parking lot security, methods to
ensure noise compliance, duration o� security after business closes for evening, prevention
of onsite loitering and unruly behavic�r, security contact signage (for all hours).
7. LEASE AGREEMENT DISCLOSURE
Applicant shall incorporate disclosu��es in its lease agreements, notifying new and renewing
tenants of potential commercial ente �tainment establishments and live entertainment
activities at the center with their ass �ciated noises and the shopping center's use perrnit
conditions pertaining to entertainme zt regulation and hours of operation.
8. MONITORING ENTERTAINMENT .�STABLISHMENTS AND ACTIVITIES
All new commercial entertainment e� tablish�nents and live entertainment activities must
obtain an Entertainment Permit frorr the Director of Community Development. The
purpose is to allow Staff review to monitor the number of entertainment tenants and check
adherence to use permit conditions.
9. USE PERMTT REVIEW �
A use perinit review shall be conduct��d by staff after one year. If complaints have been
received related to tenants tkat appli� under this use permit, and the complaints were not
addressed immediately by the proper� management, then the Planning Commission shall
conduct a public hearing on the use p�rmit at which ti�ne, the approval for live indoor
entertainment (and operation until 2:00 a.m.) may be modified or revoked.
10. LAW ENFORCEMENT SUPPORT
The shopping center property owne � shall pay for any additional Sheriff enforcement time
resulting from documented incidE nts in the shopping center at the existing City's
contracted hourly rate with the Sher:ff Department at the time of the incident.
November 19, 2010 Page 4
11. ALCOHOL SERVICE
Alcoholic beverages for onsite consumption shall not be served past the hour of 1:30 a.m.
Please review the conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Departmen t of Community Development at 408-777-3308 for
clarification. Failure to incorporate conclitions into your plan set will result in delays at the
plan checking stage. If development con ditions require tree preservations, do not clear the
site until required tree protection devices are installed.
Tlze 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 dedic ations, reservations, and other exactions. You are
hereby further notified that the 90-day a��proval period in which you may protest these fees,
dedications, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fait to file a protest within this 90-d�cy period complying with all of tlie requirements of
Section 66020, you will be legally barred fr��m later challenging such exactions.
Any interested person, including the ap��licant, prior to seeking judicial review of the city
council's decision in tlzis matter, must firs! file a petition for reconsideration with the city clerk
witlzin ten days after tlze council's decision. Any petition so fited must comply with municipal
ordinance code �2.08.096.
This letter will serve as your final Use Permit.
Sincerely,
� �
Kimberly Smit
City Clerk
cc: Community Development
Sunnyvale Holding, LLC
14550 Oak Street
Saratoga, Ca. 95070
M-2010-02
CITY OF CUPERTINO
10300 T� �rre Avenue
Cupertino, ��alifornia 95014
RESOLUT [ON NO. 6612
OF THE PLANNING COMMIS� ION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A:JSE PERMIT MODIFICATION TO ALLOW
COMMERCIAL ENTERTAINM:?NT ESTABLISHMENTS AND LIVE
ENTERTAINMENT ACTIVITIES AND 'I'O EXTEND THE HOURS OF OPERATION
OF SUCH USES TO 2:00 AM AT AN EX:=STING SHOPPING CENTER LOCATED AT
21255 - 21275 STEVE[�TS CREEK BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
Modification, as described in Section II. of this Res �lution; and
WHEREAS, the necessary public notices have beE n given in accordance with the Procedural Ordinance
of the City of Cupertino, and the Planning Com� nission has held one or more public hearings on this
matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
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;
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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, e�:hibits, testimony anci other evidence submitted in this
matter, the application for Use Permit Modificati��n is hereby recommended for approval, subject to the
conditions which are enumerated in this Resolution beg'inning on Page 2 thereof; and
That the subconclusions upon which the finding� and conditions specified in this resolution are based
and contained in the public hearing record conc�rning Application No. M-2010-02 as set forth in the
Minutes of the Planning Commission Meeting of October 12, 2010 and are incorporated by reference as
though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: M-2010-02
Applicant: Al Parsano
Property Owner: Modena Investment, LP & Sunnyvale Holding, LLC
Location: 21255 - 21275 Stevens Creek Boulevard
Resolution No. 6612 M-2010-02 October 12, 2010
Page 4
9. USE PERMIT REVIEW
A use permit review shall be conducted by � taff after one year. If complaints have been received
related to tenants that apply under this use ��ermit, and the complaints were not addressed
immediately by the property management, ihen the Planning Commission shall conduct a public
hearing on the use permit at which time, the approval for live indoor entertainment (and operation
unti12:00 a.m.) may be modified or revoked
10. LAW ENFORCEMENT SUPPORT
The shopping center property owner sh;ill pay for any additional Sheriff enforcement time
resulting from documented incidents in ihe shopping center at the existing City's contracted
hourly rate with the Sheriff Department at he time of the incident.
11. ALCOHOL SERVICE
Alcoholic beverages for onsite consumptio�i shall not be served past the hour of 1:30 a.m.
PASSED AND ADOPTED this 12th day of Oc�tober 2010, at a Regular Meeting of the Planning
Cominission of the City of Cupertino by the follow ing roll call vote:
AYES: COMMISSIONERS: Chairperson Brop hy, Vice Chair Lee, Miller, Kaneda, Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none �
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Paul Brophy
Aarti Shrivastava Paul Brophy, Chair
Community Development Director Planning Commission
g/planning/pdreport/res/LO10/M-2010-02 res.doc