U-2014-03b 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
July 23, 2014
Cooper Vino Wine Bar
Attn: Mark Sylva
1168 Norval Way
San Jose, Ca. 95125
SUBJECT: PLANNING COMMISSION ACTION LETTER—U-2014-03
'This letter confirms the decision of the Planning Commission, given at the meeting of July 22, 2014,
approving a Use Permit to allow a wine bar at a proposed restaurant located in a mixed use
development, located at 19700 Vallco Parkway, according to Planning Commission Resolution No.(s)
6751.
Please be aware that if this Permit is not used within a two-year period, it shall expire on July 22, 2016.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
r I Gti�� �����
�-'.--
Kaitie Groeneweg
Assistant Planner
City of Cupertino
Enclosures: Resolution 6751
Cc:Cupertino Property Development II,LLC,c/o KCR Development,AtM:Shelly Ann Sheehan,19620 Stevens Creek Blvd,
Cupertino Ca 95014
g:/planning/post hearing/actionletterU-2014-03
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:
The 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 conceming 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 resoluHon.
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 priar 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 ixnpacts 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. The 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. 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.
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 turther
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 permit. (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
Departxnent 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/Gary Chao /s/Paul Bro�h�
Gary Chao Paul Brophy, Chair
Assist. Director of Community Development Planning Commission
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GENERAL INFORMATION
SCOPE OF WORK�. 2,�00 SF RESiAURANT TENANi IMPROVEMENT. �
RESTAURANT WILL HAVE A 8 SEAT WINE BAR,40
DINING SEATS AN�389 SF OF RETNL SPACE
CURRENT OCCUPANCY: M /A-2
JURISDICTION: TOWN/CITY OF CUPERTINQ
TYPE OF CONSTRUCTION� III /V-8 � � � � � �
EATON HALL ARCHITECTURE
SPRINKLERS: YES
BUILDING AREA 44,125 SF
TENANT IMPROVEMENT AREA 2,100 SF
1155 Meridian Avenue,Suite 208
ZONING�. PD - MIXED USE COMMERCIAL San lose,CA 95125
/ RESiDENTiAL TEL 408.265.5255
PARKING: FAX 408.265.6155
SEE ATTACHED PARKING MATRIX
A UliiOR�uiR COIIVOM*pN
15.67 REQ�D FOR UNIT 300
187 TOTAL SPACES REO'D FOR CENTER
475 SPACES PROVIDED
PROJECT DIRECTORY
aWNER CUPERTINO PROPERTY DEVELOPMENT, LLC
19620 STEVENS CREEK BLVD
CUPERTINO. CA 95014
SHELLY SHEEHAN
T: (408) 863-7333
e ssheenanOKCRdeveiopment.com
TEi�!4NT COOPER VINO WINE BAR �
19800 VALLCO PARKWAY, STE �
CUPERTINO, CA 95014
MARK SILVA Q
T (415) 307-6446 �
e m.sylva�comcast.net �
ARCHITECT: EATON HALL ARCHITECTURE H
115� MERIDIAN AVE STE., 208
SAN JOSE, CA 95125-4331 �
CHRIS HA�L, AIA
T: 408 Z65-5255 W
F: �408� 26_-6155 �
e: chris�ehast�dio.com
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Pro�ect Number 3.593
Date MAY,28,2014
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Sheet Title:
PROJECT DATA
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