PC Summary 09-12-2017To: Mayor and City Council Members
From: Benjamin Fu, Assistant Director of Community Development
Date: September 20, 2017
Subjo REPORT OF PLANNING COMMISSION DECISIONS MADE September AL2, 20117
Chapter 19.1.2.170 of the Cupertino Municipal code provides for
appeal of decisions made by th;e Planning Commission
10 Appllication
U-2017-07, Kendall Riding (®range Theory), 19409 Stevens Creek Blvd #120
Use Permit to allow early hours of operation' (before 7am) for a proposed fitness use
(®range Theory), located within the Main Street Cupertino mixed use development.
Action
The Planning Commission approved the -application(s) on a 5-0-0 vote
Enclosures: Planning Commission Report September 12, 2017
Planning Conunission Resolution 6337
Plan Set
g:planning/Post Hearing/summary to cc091217
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE CUPERTINO, CA 95014-3255
(408).777-3308 FAX (408) 777-3333
PLANNING COMMISSION STAFF REPORT
Agenda Date: September 12, 2017
SUBJECT:
Conditional 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.
Application No(s).: U-2017-07; Applicant(s): Kendall Riding (Orange Theory); Location: 19409
Stevens Creek Boulevard, Suite 120 APN# 316-20-112
RECOMMENDED ACTION:
Staff recommends that the Planning Commission:
1. Find -that the project is exempt from CEQA; and
2. Approve the application in accordance with the Draft Resolution
DISCUSSION:
Application ! Summa e
r3'
Conditional Use Permit (U-2017-07) to allow early hours of operation (before 7:00 a.m.) for a
proposed fitness use (Orange Theory), located within a mixed use development (Main Street
Cupertino).
Project Data:
General Plan Designation:
Commercial/Office/Residential
Special Area
South Vallco Gateway within the Heart of the City
Special Area
Zoning Designation:
P(CG, OP, ML, Res)
Specific Plano
Heart of the City Specific Plan
Size:
2,776 square feet
Hours of Operation
Proposed
Allowed
Monday - Friday
5:00 a.m. — 9:00 p.m.
7:00 a.m. —11:00 p.m.
Saturday & Sunday
5:00 a.m. — 6:00 p.m.
7:00 a.m. —11:00 p.m.
Project Consistency with:
General Plan:
Yes
Zoning:
Yes
Environmental Assessment:
Categorically Exempt, Section 15301 (Existing Facilities)
U-2017-07 Orange Theory September 12, 2017
Background:
Project Site and Surroundings
The 18.7 -acre Main Street project is located at the northwest corner of the Stevens Creek
Boulevard and Tantau Avenue intersection. The site is bounded by Stevens Creek Boulevard to
the south, Tantau Ave to the east, Vallco Parkway to the north, and the Metropolitan mixed-use
development to the west. The project includes:
■ Office buildings (260,000 s.f.); Figure 1 Project Location
■ Parking garage (1,410 spaces);
■ 180 -room hotel;
■ 120 unit rental Loft Apartments;
■ 130,500 s.f. of retail development
comprising of several retail buildings,
including buildings labeled Shops 1-8
and pads 1-3 on Figure 1 above, arranged
around a Public Park, Town square and
interior plazas, a flex office/mixed-use
building and a major retail building
(Target Express).
The office and commercial components of the project have been constructed. The Loft
Apartments and the Marriott Residence Inn (hotel) are under construction.
The location of the proposed use is identified by the red star in Figure 1 above within Flex Retail
Building 2.
Applicant Requests
The applicant, Kendall Riding, representing Orange Theory, is requesting a Use Permit to
operate a personal fitness facility with extended hours of operation. The General Commercial
(CG) Ordinance requires the Planning Commission to review and approve requests for hours of
operation beyond the hours of 7:00 a.m. and 11:00 p.m.
Analysis:
Operational Details
Orange Theory Fitness is a boutique studio offering training classes for up to 30 clients per
session. Each class is approximately an hour long and run by a certified trainer. There will be
periodic breaks during the midday hours when demand for classes is lowest, but the studio will
be staffed continuously during those hours even when classes are not in session. Please refer to
Attachment 3 for a complete project description.
U-2017-07 Orange Theory September 12, 2017
The City of Cupertino's Municipal Code (Chapter 19.60: General Commercial (CG) Zones)
allows fitness studios as a permitted use as long as they are provided with adequate parking,
meet the City's noise requirements, and cumulatively comprise less than 50% of the space
within a shopping center. The parking demand meets the supply as provided within
development and the use accounts for 2% of the total commercial square footage of Main Street.
Noise mitigation measures are discussed in further detail later in this report.
The applicant is requesting approval to expand hours of operation to serve clients starting at 5
a.m. every day of the week. The earlier starting time isneeded to accommodate clients that are
working professionals, as well as parents that would otherwise not be able to exercise.
Proximity to Residential Use
The Main Street development is located in the Heart of the City Specific Plan) Area which is
envisioned to serve as a gathering place that supports the creation of Main Street and
downtown environment. Main Street Cupertino encourages commercial and retail uses, with
supportive residential development. The residential portion of the Main Street Cupertino (Loft
Apartments) is located approximately 600 feet in a separate building northwest of the business.
Other residential developments around Main Street Cupertino include the Metropolitan
condominiums that are located approximately 900 feet to the west of the project, the
Nineteen800 mixed use development that is approximately 750 feet northwest, and the Stevens
Creek Village that is approximately 500 feet southwest across Stevens Creek Boulevard.
The operation of the business is subject to the regulations and violations in Cupertino Municipal
Code Chapter 10.48: Community Noise Control. The table below is a list of the businesses in the
South Vallco neighborhood that have expanded hours of operation.
Approved Customer Service
Closest Proximity to
Name
Hours
Residential Use
Alexander's Steakhouse
Daily
510 feet (Metropolitan)
7:00 a.m. to 1:00 a.m.
Rootstock Wine Bar
Daily
490 feet (Loft Apartments)
8:00a.m. —1:00 a.m.
Sunday — Thursday 7:00 a.m. to
Eureka!
midnight Friday - Saturday
630 feet (Loft Apartments)
7:00 a.m. to 1:00 a.m.
Meet Fresh
Daily
25 feet (Loft Apartments)
11 a.m. to 12:00 a.m.
Sunday - Thursday
Steins Beer Garden
10:00 a.m. to 11:00 p.m. Friday -
0 feet (Rosebowl)
Saturday,
10:00 a.m..to midnight
Monday- Saturday
325 feet (Stevens Creek
Lazy Dog
11:00 a.m. —1:00 a.m.
Village)
Sunday
U-2017-07 Orange Theory September 12, 2017
1lTarne
Approved Customer Service
.
Hours
Closest Proximity to
Residential Use
10:00 a.m. - midnight
Sunday - Wednesday
Atlas Lounge/Marriott
11:00 a.m. to 11:00 p.m.
l
Hote(Opening Fall 2017)
Thursday
240 feet (Loft Apartments)
11:00 a.m. -midnight Friday &
Saturday 11:00a.m. - 2:00 a.m.
The City has not received any complaints due to the expanded hours of operation for any of the
businesses above.
A condition of approval has been added to allow the staff to review the operations of the
business; and if warranted rescind and/or modify the Use -Permit approval, in the event that
there are ongoing issues with the use, particularly noise. To further mitigate any noise issues, a
condition of approval has been added to encourage clients to park in the parking garage rather
than the surface parking areas closest tothe neighboring residential developments.
To encourage an alternate mode of arriving to classes (and conformance to Municipal Code
Chapter 19.124 Parking Regulations), six (6) Class II bicycle parking stations will be required to
be added in the vicinity of the business. Allowing this use to expand hours of operation is also
not anticipated to impact the residential uses in the project vicinity.
South Vallco Special Area of the Heart of the City Specific Plan Area
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 Orange Theory franchise has approximately nine
locations in Santa Clara County and many of them are located in downtown areas, or similar
mixed use commercial corridors, such as downtown Sunnyvale, The Alameda in San Jose,
Lincoln Avenue in Willow Glen, and downtown San Jose. Each of these locations start classes at
5 a.m. and contribute to the diversity of retail supportive uses that define a downtown
environment.
Security
The Cupertino Sheriff's sub -station, located within the development, enforces safety and
security throughout the project. A condition of approval has been added to require the
property owner to address security concerns, in the event that they arise, and reimburse the
City, in the event of additional Sheriff's enforcement time.
Environmental assessment:
The use permit is categorically exempt from the California Environmental Quality Act (CEQA)
per section 15301 (Existing Facilities) of the CEQA Guidelines because the proposed use occurs
within the city limits and is surrounded by existing urban uses.
U-2017-07 Orange Theory September 12, 2017
Other Department/Agency Review:
The Sheriff's Department has reviewed the application and has no comments.
PUBLIC NOTICING & OUTREACH
The following table is a brief summary of the noticing done for this project:
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® Posted on the City's
® Site Signage (at least 10 days prior to hearing)'
® Legal ad placed in newspaper (at least 10 .days.prior to
official notice bulletin
hearing)
board (5 days prior to
® 202 Notices mailed to property owners adjacent to the
hearing)
project site (300 foot) (at least 10 days prior to the hearing)
® Posted on. the City of
® 28 interested persons were notified (at, least 10 days prior
Cupertino's Web I site (5
to the hearing)
days prior to hearing)
PERMIT STREAMLINING AC's
This project is subject to the Permit Streamlining Act (Government Code Section 65920 - 65964).
The City has complied with the deadlines found in the Permit Streamlining Act.
.project Received: July 24, 2017
Deemed Complete: August 11, 2017 -
Since this project is Categorically Exempt, the City has 60 days (until September 24, 2017) to
make a decision on the project. The \Planning Commission's decision on this project is final
unless appealed within 14 calendar days of the decision.
CONCLUSION
The proposed business's location away from neighboring residential uses, condition of approval
encouraging parking within the existing parking garage, availability of onsite security, and
mandating conformance with the City's Noise Ordinance should mitigate any concerns
regarding noise and/or security impacts. Further, allowing this operation to open at an earlier
hour will give the public an opportunity to gather in a common location that is developed to be a
downtown area. As such, Staff recommends approval of the request since the conditions of
approval address all concerns related to the proposed:extension of operating hours and all of the
findings for approval of the proposed project, consistent with Chapter 19.156 of the Cupertino
Municipal Code,.' may be made:
U-2017-07 Orange Theory September 12, 2017
NEXT STEPS
All approvals granted by the Planning Commission shall go into effect after 14 days. Should the
project be approved, the Planning Commission's decision on this project is final unless an
appeal is filed within 14 calendar days of the date of the mailing of the decision.
This approval expires on September 12, 2019, at which time the applicant may apply for a one-
year extension.
Prepared by: Gian Paolo Martire, Associate Planner
Approved by: Benjamin Fu, Assistant Director of Community Development
ATTACHMENTS:
1— Draft Resolution for U-2017-07
2 — Floor Plan
3 — Business Description
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 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 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.
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: APPROVED:
/s/Benjamin Fu /s/ Don Sun
Benjamin Fu Don Sun
Assist. Dir. of Community Development Chair, Planning Commission
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