U-2014-05b . �'
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
To: Planning Department
From: Kirsten Squarcia
Subject: Subject: Main Street-Lazy Dog Restaurant and Bar and Late Night Hours
Descri�tion: Application No(s): ASA-2013-08, U-2014-05; Applicant(s):
Jared Taylor (Main Street Cupertino Aggregator, LLC); Location: 19359
Stevens Creek Blvd; Architectural and Site approval for final refinements
to Shop 2 and associated site improvements at the Main Street Cupertino
project; Use Permit to allow a restaurant (Lazy Dog Cafe) to operate until
1am Monday through Saturday and to 12am on Sundays and to allow an
interior bar facility
Date: July 21, 2014
At its July 15, 2014 regular meeting, the Cupertino City Council took the following
action:
Adopted Resolution No. 14-180 as amended approving the Architectural and Site
Approval (ASA-2013-08):
• If desired, the applicant may work with staff to incorporate the architectural
enhancements or changes as outlined by the City's Architectural Consultant
Visual Illustration dated June 17, 2014 into the project design.
• The building setback from the Stevens Creek Boulevard curb line shall be at least
35 feet per the Heart of the City Specific Plan.
• The applicant shall receive an allocation of 1,088 square feet from the Vallco Park
South retail commercial allocation area given the square footage increase from
the original approval under Resolution 12-098.
• Housing mitigation fees are required for the difference in square footage from
the original approval under Resolution 12-098.
Adopted Resolution No. 14-181 as amended approving the Use Permit (U-2014-05):
July 21, 2014 Page 2
• Approved the late night hours and interior bar without any substantive changes
to the resolution.
��,
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
C U F'E RT 1 N O TELEPHONE:(408)777-3223•FAX: (408)777-3366
July 17, 2014 �
Re: Subject: Main Street-Lazy Dog Restaurant and Bar and Late Night Hours
Description: Application No(s): ASA-2013-08, U-2014-05; Applicant(s): Jared
Taylor (Main Street Cupertino Aggregator, LLC); Location: 19359 Stevens Creek
Blvd; Architectural and Site approval for final refinements to Shop 2 and
associated site improvements at the Main Street Cupertino project; Use Permit to
allow a restaurant (Lazy Dog Cafe) to operate until 1am Monday through
Saturday and to 12am on Sundays and to allow an interior bar facility
At its July 15, 2014 regular meeting, the Cupertino City Council took the following
action:
Adopted Resolution No. 14-180 as amended approving the Architectural and Site
Approval (ASA-2013-08):
• If desired, the applicant may work with staff to incorporate the architectural
enhancements or changes as outlined by the City's Architectural Consultant
Visual Illustration dated June 17, 2014 into the project design.
• The building setback from the Stevens Creek Boulevard curb line shall be at least
35 feet per the Heart of the City Specific Plan.
• The applicant shall receive an allocation of 1,088 square feet from the Vallco Park
South retail commercial allocation area given the square footage increase from
the original approval under Resolution 12-098.
• Housing mitigation fees are required for the difference in square footage from
the original approval under Resolution 12-098.
Adopted Resolution No. 14-181 as amended approving the Use Permit (U-2014-05):
• Approved the late night hours and interior bar without any substantive changes
to the resolution.
Enclosed are the resolutions that Council adopted at the meeting.
ASA-2013-08, U-2014-05
July 15, 2014
Page 2
Please review conditions carefully. If you have any questions regarding the conditions .
of approval, please contact the Department of Community Development at 408-777-
3308 for clarification. Failure to incorporate conditions into your plan set will result in
delays at the plan checking stage. If development conditions require tree preservations,
do not clear the site until required tree protection devices are installed.
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,
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.
Any interested person, including the applicant, prior to seeking judicial review of any
adjudicatory decision of the City Council, must first file a petition for reconsideration with the
City Clerk within ten days after the date of mailing of this notice. Any petition filed must comply
with Municipal Code§2.08.096.
This letter will serve as your final Use Permit.
Sincerely,
�
Kirsten Squarcia
Deputy City Clerk
cc: City Attorney
Community Development
ASA-2013-08, U-2014-05 (Lazy Dog Cafe)
Main Street Cupertino Aggregator, LLC
Attn: Kevin Dare
203 Redwood Shores Pkwy #200
Redwood City, CA 94065
ASA-2013-08, U-2014-05
July 15, 2014
Page 3
Lazy Dog Restaurants, LLC
C/o Golden Property Development, LLC
Attn: Jared Taylor
10 S Grant St
Roseville, CA 95678
RESOLUTION N0. 14-181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW A RESTAURANT TO OPERATE UNTIL 1 AM
MONDAY THROUGH SATURDAY AND TO 12 AM ON SUNDAYS AND TO ALLOW AN
INTERIOR BAR FACILITY,LOCATED AT 19359 STEVENS CREEK BOULEVARD (MAIN STREET
CUPERTINO PROJECT)
SECTION I: PROJECT DESCRIPTION
Application No.: U-2014-05
Applicant: Jared Taylor
Property Owner: Main Street Cupertino Aggregator, LLC
Location: 19359 Stevens Creek Boulevard (Main Street Cupertino, APN 316-20-109)
SECT'ION II: FINDINGS FOR USE PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application for a Use Permit to
allow a restaurant to operate until 1 AM Monday through Saturday and to 12 AM on Sundays and to
allow an interior bar facility, as described in Section I. of this Resolution; and
WHEREAS, a Second Addendum to the 2009 Final Environmental Impact Report was prepared
and adequately serves to addres the environmental review of the proposed application in accordance
with the California Environmental Quality Act(CEQA); and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council 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 City Council finds as follows with regard to this application:
a) 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;
Given that the project is consistent with the General Plan, Zoning Ordinance, Heart of the City Specific
Plan, South Vallco Master Plan, and the Main Street Cupertino project development approvals; is over 300
feet away from any existing or planned residential uses and other sensitive receptors; the project 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 additfon, there will be disclosures in the Main Street
Cupertino project's covenants, conditions, and restrictions (CC£�Rs) that Main Street will be a vibrant and
active commercial area, and certain uses will generate noise audible from neighboring properties.
b) The proposed use will be located and conducted in a manner in accord with the
Cupertino General Plan and the purpose of the City's zoning ordinances.
The proposed development is in conformance with the General Plan Land Use Map of the City of Cupertino,
since it is consistent with the existing land use designation (Commercial/Office/Residential). In addition, the
Resolution No. 14-181
Page 2
design is consistent with General Plan and Heart of the City Specific Plan policies that encourage
development to activate streetscapes and create community gathering places. General Plan Policy 2-92
supports late night hours in the Main Street Cupertino project, since the buildings contained within the
development are located considerable distances from residential areas.
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-2014-05 is hereby approved 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-2014-05 as set forth in the Minutes of
City Council Meeting of July 15, 2014, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received June 30, 2014 consisting of 15 sheets labeled A0.0, A1.0,
A1.1, A1.2, A2.0, A2.1, A2.2, A2.1 (Reflected Ceiling Plan), A3.0, A3.1, EXT-1, EXT-2, EXT-3, L1, and
Plant Photos, entitled, "Lazy Dog Restaurant and Bar, 19359 Stevens Creek Blvd, Cupertino, CA
95014," drawn by Bitton Design Group and Stan Smith Associates; 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2013-08 shall be applicable to this approval.
4. PREVIOUS CONDITIONS OF APPROVAL
The following previous Main Street Cupertino development/use permit and architectural and site
approval permit conditions of approval for the project site shall remain in effect:
M-2012-03 (Resolution 12-098) and ASA-2012-10 (Resolution 12-099)
• All conditions, with the clarification for M-2012-03 (Resolution 12-098), Condition no. 2
(regarding past conditions of approval that apply), that Resolution 12-098, Resolution 12-099, and
Resolution 12-100 superseded M-2011-09 (Resolution 12-054), ASA-2011-24 (Resolution 12-055),
and TM-2011-04 (Resolution 12-056).
ASA-2012-15 (Resolution 14-122)
• Condition nos. 3-7, 9-10, 18-19, 21-25
5. ANNOTATION OF THE CONDITIONS OF APPROVAL
Resolution No. 14-181
Page 3
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
6. USE APPROVAL
Approval is hereby granted to allow the 9,288 square foot restaurant (including 1,321 square feet of
service area) to have an interior bar facility and have restaurant operating hours untill AM Monday
through Saturday and until 12 AM on Sundays. A 1,416 square foot exterior patio is also included in
the approval. The restaurant square footage shall count towards the percentage of allowable
restaurant uses in the Main Street Cupertino project per Resolution 12-098.
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
7. ODOR ABATEMENT SYSTEM
Per City Council Resolution 12-098, the restaurant is required to install odor abatement systems in
the air handling systems to reduce the odor impact from the restaurant to the adjacent community.
Detailed plans shall be reviewed and approved by the Community Development Department.
8. WOOD BURNING FIREPLACES OR WOODSTOVES PROHIBITED
Per City Council Resolution 12-098, mitigation measure MM AIR- 2.12 prohibits wood burning
fireplaces or woodstoves.
9. SECURITY PLAN
The applicant shall develop a security plan for the restaurant, which 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.
10. LAW ENFORCEMENT SUPPORT
The property owner shall pay for any additional Sheriff enforcement time resulting from
documented incidents resulting from the restaurant with interior bar and late night hour use at the
City's contracted hourly rate with the Sheriff Department at the time of the incident.
11. USE PERMIT REVIEW/ADDITIONAL RESTRICTIONS
If complaints have been received related to the tenant(s) under this use permit, and the complaints
were not addressed immediately by the property management, then the Planning Commission shall
conduct a public hearing on the use permit at which time, the approval for late night hours and/or
interior bar area may be modified or revoked.
The City reserves the right to require additional security patrols and/or parking restrictions as
prescribed by the Sheriff's Office.
12. 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.
13. INDEMNIFICATION
Resolution No. 14-181
Page 4
To the extent permitted by law, the Applicant shall indemnify and hold harxnless 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 attomeys' 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.
14. 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 Govemment 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 at a regular meeting of the City Council of the City of Cupertino, State of
California, this 15th day of July, 2014,by the following roll call vote:
AYES: Wong, Sinks, Chang, Mahoney, Santoro
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Gilbert Wong
Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cupertino