Reso 68371
U-2017-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6837
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW EARLY HOURS OF OPERATION
(BEFORE 7:00 A.M.) FOR A PROPOSED FITNESS USE (ORANGE THEORY),
LOCATED WITHIN THE MAIN STREET CUPERTINO MIXED USE
DEVELOPMENT LOCATED AT 19409 STEVENS CREEK BOULEVARD, SUITE
120
SECTION I• `PROTECT DESCRIPTION
Application No.: U-2017-07
Applicant: Kendall Riding (Orange Theory)
Location: 19409 Stevens Creek Blvd., Suite 120 (Main Street Cupertino)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission 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 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 business is located in the South Vallco Special Area of the Heart of the City Specific Plan Area
which is envisioned to serve as a gathering place that supports the creation of a Main-
Street/downtown like environment. The vision for the area and project site encourages commercial
and retail use, with supportive residential development. The Orange Theory franchise has locations
in downtown areas, or similar mixed use commercial corridors, and contribute to the diversity of
Resolution No. 6837 U-2017-07 September 12, 2017
retail supportive uses that define a downtown environment. In addition, the applicant is required
to adhere to the City of Cupertino's Noise Ordinance, Chapter 10.48: Community Noise
Control. Therefore, the proposed use will not be detrimental to the public health, safety, and
welfare.
2. The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning regulations,
and the purpose of this title and complies with the California Environmental Quality Act
(CEQA).
The proposed use complies with the Cupertino General Plan and Municipal Code requirements,
including but not limited to, parking regulations, and security measures. The parking demand
triggered by the client count is within what is supplied on location and the use is permitted as
mandated in Chapter 19.60: General Commercial Zones. The conditions of approval ensure that
the use is conducted in a manner that is consistent with the Cupertino General Plan and
Municipal Code requirements as mandated Chapter 10.48: Community Noise Control.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, 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-2017-07 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-
2017-07 as set forth in the Minutes of Planning Commission Meeting of September 12, 2017 and
are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "Orangetheory Fitness Cupertino" consisting of
two (2) sheets labeled as A-1 and A-2, drawn by Jplus Architects Inc., dated July 13, 2017
and Business Description as submitted as an attachment to the Staff Report, except as may
be amended by conditions in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from 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.
Resolution No. 6837 U-2017-07 September 12, 2017
3. 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.
4. OPERATIONS
a) The business shall be operated within the area delineated on the floor plan exhibit.
b) The business is approved to start operatation at 5 a.m. seven days a week.
c) Employees are allowed to arrive at the location up to an hour prior to opening.
d) Clients arriving to early morning classes are encouraged to park in either the parking
.garage or. surface parking areas furthest from neighboring residential developments.
5. SHERIFF DEPARTMENT REVIEW
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.
6. BICYCLE PARKING
In accordance with Chapter 19.124: Parking Regulations, six (6) Class II bicycle parking
stations shall be added in the vicinity of the business location. Design of the bicycle parking
facility shall be approved by Director of Community Development prior to building permit
issuance.
7. MODIFICATION OF BUSINESS OPERATIONS
Changes to the operations determined to be minor shall be reviewed and approved by the
Director of Community Development. Further, the Director of Community Development is
empowered to make adjustments to the operation , of the restaurant to address any
documented problem or nuisance situation that may occur.
8. REVOCATION OF USE PERMIT
The Director may u-dtiate proceedings for revocation of the Use Permit in any case where,
in the judgment of the Director, substantial evidence indicates that the conditions of the
conditional use permit have not been implemented, or where the permit is being conducted
in a manner detrimental to the public health, safety, and welfare, 111 accord with the
requirements of the municipal code.
9. EXPIRATION
If the use for which this conditional use permit is granted and utilized has ceased or has
been suspended for one year or more, this permit shall be deemed expired and a new use
permit application must be applied for and obtained.
Resolution No. 6837 U-2017-07 September 12, 2017
10. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, the "indemnified
parties") from and against any claim, action, or proceeding brought by a third party against
one or more of the indemnified parties or one or more of the indemnified parties and the
applicant to attack, set aside, or void this Resolution 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 applicant shall pay such
attorneys' fees and costs within 30 days following receipt of invoices from City. Such
attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as
City staff and shall include City Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the litigation reasonably incurred by City.
11. 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.
PASSED AND ADOPTED this 12th day of September, 2017, at the Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Paulsen, Fung, Liu, Takahashi
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Benjamin Fu
Assist. Dir. of Community Development
APPROVED:
on Sun
Chair, Planning Commission