PC Summary 07-22-2014 City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
(408) 777-3308
C U P E RT 1 N O FAX (408) 777-3333
Community Development Department
To: Mayor and City Council Members
From: Aarti Shrivastava, Assistant City Manager
Date: July 23, 2014
Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE July 22,2014
Chapter 19.32 of the Cupertino Municipal code provides for
appeal of decisions made by the Planning Commission
1. A�plication
U-2014-03, Mark Sylva (Cupertino Property Development II, LLC), 19700 Vallco Parkway
Use Permit for a proposed wine bar and restaurant located in the 19800 Mixed Use Development
(formerly Rosebowl)
Action
T'he Planning Commission approved the applications on a 4-0-1 (Takahashi absent) vote.
Enclosures: Planning Commission Report July 22, 2014
Planning Commission Resolution(s) 6751
Plan Set
g:planning/Post Hearing/surnmary to cc072214
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE •CUPERTINO,CA 95014-3255
(4(lRl 777-.'�:�(1R • FAX(4(1Rl 777-.'�:�.�.�
CUPERTIN�
PLANNING COMMISSION STAFF REPORT
Agenda Item No. � Agenda Date:july 22, 2014
Applications: U-2014-03
Applicant: Mark Sylva (Cupervino Wine Bar)
Location: 19700 Vallco Parkway
APPLICATION SUMMARY:
Use Permit (U-2014-03) for a wine bar at a proposed restaurant located in the Ninteen800
(formerly Rosebowl) Mixed Use Development.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the Use Permit (U-2014-03) in
accordance with the draft resolution.
PROJECT DATA:
General Plan Designation: Commercial/Residential
Zoning Designation: P(CG, OP, Res)
Conce tual Plan: South Vallco Park Plannin Area
Commercial Buildin Area: 44,126 s uare feet
Restaurant Area: 2,203 s uare feet(.05%)
Number of Employees: 5
Parkin Spaces
Re uired: 24
Available: 24
Hours of O eration:
Monda -Thursda 11am-10 m
Frida -Saturda 11am-11 m
Sunda 10:30am-8 m
Project Consistency with:
General Plan: Yes
Zonin : Yes
Environmental Assessment: Cate oricall Exem t
U-2014-03 Cupervino Wine Bar July 22,2014
BACKGROUND:
Previous City Approvals
The City Council approved the Mixed Use Development in October 2004 (Permit No.s: U-2004-
10, ASA-2005-03, and TM-2006-08). The approval allowed for 204 residential units and
approximately 105,200 square feet of retail/commercial area along the N. Wolfe Road and Vallco
Parkway frontages. Since approval of the project, the developer has reduced the retail space to
45,000 square feet with 15,000 square feet of inezzanine space (revised in 2012). The
development is currently under construction and is expected to be operational by September
2014.
Existing Center and Surroundings
The project site is located within the South Vallco Park Special Center, on the south-east corner
of N. Wolfe Road and Vallco Parkway. To the west of the site is Vallco Mall, Sears and Bay
Club; future Main Street project to the east; Vallco Mall and office buildings to the north; and a
residential mixed use development (Metropolitan) and an office complex to the south. The
nearest single-family residential property is approximately 830 feet away from the site.
DISCUSSION:
Application Request
The applicant, Mark Sylva, is requesting a Use Permit to operate a bar within a mixed use
development. The General Commercial (CG) Ordinance requires that the Planning Commission
review and approve requests for restaurants with separate bar facilities. The issues related to
the separate bar facility generally include the availability of parking, proximity to residential
uses and security concerns.
Operational Details
Cupervino is a restaurant and wine bar that offers wine tasting, lunch and dinner options to
customers. The proposed floor plan includes a private dining area and space for wine sales. The
separate bar area is integrated within the restaurant. The applicant proposes to have 56 table
seats, 12 bar seats and a maximum of 5 employees per shift. See attachment 3 for the business
plan provided by the applicant.
Parking
The project wide parking supply was reviewed and approved by the City Council in October
2004. The 44,126 square foot shopping center is required to provide one parking space per 250
square feet of retail use, resulting in 177 required spaces. Restaurants are required to provide 1
parking space per four seats and any area with a separate bar is required to provide one
parking space per three seats plus one parking space per employee. Based upon these ratios, the
total required parking is 201 spaces for the center including the restaurant bar proposal and
assuming that the rest of the project will be occupied by non-food uses.
Since the project was originally approved with 105,200 square foot of retail space, the required
parking supply was 475 retail spaces. When the square footage of the retail space was reduced,
U-2014-03 Cupervino Wine Bar July 22,2014
the developer did not reduce the amount of parking spaces provided with the project, resulting
in a surplus of 274 spaces being provided. (See Attachment 4—Parking Analysis)
Proximity to Residential Use
The new restaurant will be located in the South Vallco Park Planning 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. 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 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 single-
family residential neighborhoods.
Security
The Santa Clara County Sheriff's office has reviewed the project and does not foresee any
security concems 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.
OTHER DEPARTMENT/AGENCY REVIEW
The City's Public Works Department, Building Division, the Santa Clara County Fire
Department, the Cupertino Sanitary District, and Cal Water 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 Guidelines because the proposed use occurs
within an existing facility and minor alterations will be made within an urban, developed
environment.
U-2014-03 Cupervino Wine Bar July 22,2014
PUBLIC NOTICING &OUTREACH
The following table is a brief summary of the noticing done for this project:
Natic�' of Public' Hearing; Site N'ot�ce & :Agens�a
Le a1 Ad
■ Site Signage (14 days prior to the hearing) ■ Posted on the City's official notice bulletin
■ Legal ad placed in newspaper board (one week prior to the hearing)
■ (at least 10 days prior to the hearing) ■ Posted on the City of Cupertino's Web site
■ Notices mailed to property owners (one week prior to the hearing)
adjacent to the project site (300 foot)
■ (10 da s rior to the hearin )
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: May 28, 2014
Deemed Incomplete:June 13, 2014
Deemed Complete:July 11, 2014
Since this project is Categorically Exempt, the City has 60 days (until September 22, 2014) to
make a decision on the project. The Planning Commissiori 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: Kaitie Groeneweg, Assistant Planner
Reviewed by: Approved by:
/s/Gary Chao /s/Aarti Shrivastava
Gary Chao Aarti Shrivastava
Assistant Director of Community Development Assistant City Manager
ATTACHMENTS:
1 —Draft Resolution for U-2014-03
2—Plan Set
3—Business Description
4—Parking Analysis
U-2014-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6751
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW A WINE BAR AT A PROPOSED RESTAURANT
LOCATED IN A MIXED USE DEVELOPMENT AT 19700 VALLCO PARKWAY
SECTION I: PROJECT DESCRIPTION
Application No.: U-2014-03
Applicant: Mark Sylva (Cooper Vino Wine Bar)
Location: 19700 Vallco Parkway
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Development Permit 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 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 restaurant is located within the South Vallco Park Planning Area which
encourages daytime and nighttime entertainment activities. Additionally, the closest single family residential
property is located approximately 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 buffering
from 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 proposed use complies with the Cupertino General Plan and Municipal Code requirements, including but
not limited to, parking regulations, hours of operation and security measures.
Resolution No.6751 U-2014-03 July 22,2014
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2
thereof:
T'he application for a Use Permit, Application no. U-2014-03 is hereby recommended for approval and
that 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-2014-03 as set forth in the Minutes
of Planning Commission Meeting of July 22, 2014, 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 May 28, 2014 consisting of 3 sheets,
labeled PA.1, 1, and 2 entitled, "Cooper Vino Restaurant & Wine Bar, 19700 Vallco Parkway,
Cupertino, CA 95014," drawn by Eaton Hall Architecture; 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. 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.
4. OPERATIONS
a. The restaurant shall be operated within the area delineated on the site plan exhibit.
b. The number of bar seats shall be limited to 12 seats.
c. Exterior doors shall be kept closed at all times.
5. 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.
6. REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case where, in the
judgment of the Director:
a. Substantial evidence indicates that the conditions of the conditional use permit have not been
implemented, or
Resolution No.6751 U-2014-03 July 22,2014
b. Complaints are received related to the tentant under this use permit, and the complaints are not
immediately addressed by the property management and/or the tenant, or
c. Where the permit is being conducted in a manner detrimental to the public health, safety, and
welfare, in accord with the requirements of the municipal code.
7. 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 Office or Code Enforcement.
8. BUSINESS LICENSE
The business owner shall obtain a City of Cupertino business license prior to building permit
issuance.
9. 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.
10. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to the City Sign
Code.
11. RESTAURANT ODOR ABATEMENT
Applicant shall install an odor 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.
12. 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 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. T`he location of
equipment and necessary screening shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
Resolution No.6751 U-2014-03 July 22,2014
13. 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.
14. 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.
15. INDEMNIFICAT'ION
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.
16. 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: CONDITIONS ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS
1. TRASH, RECYCLING AND COMPOST RECEPTACLES
The developer or business owner is required to install public bins (�30 gal) side-by-side for trash,
recycling and composting, adjacent to the development or business to control pedestrian litter at the
site. The type and location of the receptacles are subject to the approval of the Environmental
Programs Manager. (CMC 9.18.210 P)
2. TRASH. RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's "Public Works Guidelines for
Non-Residential Building Trash & Recycling Enclosures" posted at www.cupertino.org/nowaste,
and to the satisfaction of the Environmental Programs Manager. Modifications to existing facilities
shall, to the maximum extent practicable, meet the Public Works Guidelines and shall be subject to
the approval of the Public Works Director. Clearance by the Public Works Department is required
prior to obtaining a building perxnit. (CMC 9.18.210 H &K)
Resolution No.6751 U-2014-03 July 22,2014
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DISTRICT
1. FIRE DEPARTMENT REVIEW
Prior to preforming any work the applicant shall make application to, and receive from, the Building
Department all applicable construction permits.
2. FIRE SPRINKLERS REQUIRED
The new structure shall be equipped with a fire sprinkler system.
3. COMMERCIAL HOOD &DUST EXTINGUISHING SYSTEM
A commercial hood/dust extinguishing system shall be installed per CFC 904.11.A commercial hood
must be installed per CFC Sec. 609, and if a commercial oil tank storage system is to be installed, it
must comply with CFC Sec. 610.
SECTION V: 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 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 22nd day of July, 2014, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Gong, Sun
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Takahashi
ATTEST: APPROVED:
/s/Garv Chao /s/I'aul Bro�hy
Gary Chao Paul Brophy, Chair
Assist. Director of Community Development Planning Commission
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GENERAL INFORMATION
SCOPE OF WORK�. 2.100 SF RESTAURANT TENANT IMPROVEMENT. .
RESTAURANT WILL HAVE A 8 SEAT WINE BAR,40 .
DINING SEATS AND 389 SF OF RETAIL SPACE
CURRENT OCCUPANCY: M /A-2 � ' �� - ���
JURISDICTION: TOWN/CITY OF CUPERTINO
TYPE OF CONSTRUCTION: III /V-B
EATON HALL ARCHITECTURE
SPRINKLERS: YES
BUILDING AREA: 44,125 SF
TENANT IMPROVEMENT AREA 2,100 SF
ZONING: PD - MIXED USE COMMERCIAL
/ RESIDENTIAL
PARKING.
SEE ATTACHED PARKING MATRIX
15.67 REO'D FOR UNIT 300
187 70TAL SPACES REO'D FOR CENTER
475 SPACES PROViDEO
PROJECT DIRECTORY
OWNER CUPERTINO PROPERTY DEVELOPMENT, LLC
19620 STEVENS CREEK BLVD
CUPERTINO, CA 95014
SHELLY SHEEHAN
T: (408) 863-7333
e ssheehan�KCRdeveiopment.com
TE�4NT COOPER VINO WINE BAR
19800 VALLCO PARKWAY, STE.
CUPERTINO, CA 95014
MARK SILVA
T: (415) 307-6446
e m.sylva�comcast net
ARCHITECT: EATON HALL ARCHITECTURE
115� MERIDIAN AVE STE., 208
SAN JOSE, CA 95125-4331
CHRIS HALL, AIA
T: (408) Z65-5255
F: (408) 265-6155
e: chris�ehastudio.com
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San Jose,CA 95125
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Pro�ect Number: 3.593
Date MAY,28,2014
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