U-2017-07 Res.doc
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: PROJECT 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:
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
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.
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.
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.
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.
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.
OPERATIONS
The business shall be operated within the area delineated on the floor plan exhibit.
The business is approved to start operatation at 5 a.m. seven days a week.
Employees are allowed to arrive at the location up to an hour prior to opening.
Clients arriving to early morning classes are encouraged to park in either the parking garage or surface parking areas furthest from neighboring residential developments.
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.
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.
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.
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, 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, in accord with the requirements of the
municipal code.
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