CC Resolution No. 16-067 Approving a Conditional Use Permit to Allow a Bicycle Hub and Separate Bar Facility within a Club House Located in a 942 Unit Apartment Development at 19500 Pruneridge AvenueRESOLUTION NO. 16-067
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A BICYCLE HUB AND SEPARATE
BAR FACILITY WITHIN A CLUB HOUSE LOCATED IN A 942 UNIT APARTMENT
DEVELOPMENT AT 19500 PRUNERIDGE A VENUE
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
U-2015-05
Carlene Matchniff (Irvine Company)
IAC at Cupertino LLC
19500 Pruneridge Ave (APNs: 316-06-032, 316-06-037)
SECTION II: FINDINGS FOR CONDITIONAL USE PERMIT:
WHEREAS, the City of Cupertino received an application for a Conditional 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 City Council has held at least one public hearing in regard to the
application; and
WHEREAS, the Environmental Review Committee reviewed the Mitigated Negative Declaration;
and
WHEREAS, the Planning Commission held a public hearing on May 10, 2016 and recommended
that the City Council approve the application, subject to conditions, and adopt the Mitigated
Negative Declaration; 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:
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 bicycle hub provides a location at the corner of Wolfe Road and Pruneridge Avenue that anchors a
pedestrian-oriented frontage including a plaza area. The programming would include a gathering space,
repair shop, short-term bike rentals, lockers, restrooms and coffee and juice bar . A separate bar facility
would be located within the clubhouse designated for residents and their guests only. Both amenities
provide on-site resources that encourage car trip reduction for residents, which promotes public health,
safety, general welfare, and convenience.
Resolution No. 16-067 U-2015-05 June 21, 2016
2. The proposed use will be located and conducted in a manner in accord with the Cupertino
General Plan and the purpose of this title.
The bar facility within the clubhouse is a residential-serving amenihj, locat ed on a site designated as a
multi-family residential land use, which is consistent with land use policies of the General Plan. The
biCljcle hub is intended to be both a resident and a community serving amenity, which is consistent with
Goal LU-3, to ensure that project site planning and building design enhance the public realm and
integrate with adjacent neighborhoods . The bicycle hub improves biCljcle access by providing a gathering
space, lockers, repair tools and bicycle rentals.
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 thereat the application for a Use Permit,
Application no. U-2015-05 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-2015-05 as set forth in the Minutes of City Councit dated June 21,
2016, and are incorporated b y reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE DEPARTMENT OF COMMUNITY
DEVELOPMENT
In the event of any conflict between any of the following conditions of approval and the
development agreement (DA-2015-01), the development agreement shall control.
1. APPROVED EXHIBITS
Approval recommendation is based on (1) the architecturat civit landscape and signage plan
set dated received January 29, 2016 consisting of ninety (90) sheets labeled "The Hamptons
Redevelopment'' and prepared by Arquitectonica, BKF, Olin and RSM Design; (2) colors and
materials board dated October 13, 2015 and prepared by Arquitectonica; (3) perspective exhibits
labeled "Amenity Deck Views" dated July 29, 2015 prepared by Arquitectonica; and (4) "The
Hub Program" as prepared by Irvine Company dated received January 29, 2016, 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. 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.
Resolution No . 16-067 U-2015-05 June 21 , 2016
4 . CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. DP-2015-04, EA-2015-03, ASA-2015-13, U-2015-
05, TR-2015-21, DA-2015-01, and shall be applicable to this approval.
5 . 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.
6. RESIDENT-SERVING AMENITY
The bar facility shall be primarily a resident-serving amenity for residents and their guests and
not a commercial use. Any changes to this condition require additional City review and
modification to the use permit.
7. COMMUNITY-SERVING AMENITY
As stated within the applicant's program materials, the bicycle hub facility shall be an amenity
space for Hamptons residents, Apple employees and residents of the surrounding community.
8. MODIFICATION OF USE PERMIT
The Director of Community Development is empowered to make or allow adjustments to the
operation of the amenities to address any documented problem or nuisance situation that may
occur or changes proposed.
· 9. 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
b. Complaints are received related to the tenant 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.
10 . LAW ENFORCEMENT 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.
Resolution No. 16 -067 U-2015-05 June 21, 2016
11. BUSINESS LICENSE
The operator shall obtain a City of Cupertino business license prior to building permit issuance.
12. WINDOW DETAILS
The windows for each the respective amenity 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.
13. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to the City Sign
Code.
14. ODOR ABATEMENT
Applicant shall install an odor abatement system to reduce odor impacts from any common
food preparation area 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.
15. 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.
16 . 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 b y the Community Development Department.
17. 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
Resolution No. 16-067 U-2015-05 June 21, 2016
incurred in defense of the litigation. The applicant shall pay such attorneys' fees and
costs within ~O 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.
18 . 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 at a Regular Meeting of the City Council of the City of Cupertino the 21 st
day of June 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Grace Schmidt
City Clerk
Members of the City Council:
Vaidhyanathan, Paul, Sinks, Wong
None
None
Chang
Savita Vaidhyanathan
Vice Mayor, City of Cupertino