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TUP-2025-001 - Action letter CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council members Chairperson and Planning Commissioners From: Luke Connolly, Assistant Director of Community Development Prepared by: Gian Paolo Martire, Senior Planner Date: August 13, 2025 Subject: Director’s Temporary Use Permit, TUP-2025-001, to allow outdoor operations of a storage area for construction and landscape materials that will utilize 47 parking spaces in a portion of the rear parking lot at 19333 Vallco Parkway. Chapter 19.12.030 of the Cupertino Municipal Code allows for administrative approval of a temporary use permit, authorizing the use of a site in any zoning district for a temporary use. The Director reports his/her decision to the City Council & Planning Commission in time to allow an appeal of the decision within fourteen calendar days. DISCUSSION Apple, Inc., is requesting approval to allow outdoor operations of a storage area for construction and landscape materials that will utilize 47 parking spaces (out of 1,177) for a period of up to one year, located within the rear parking area of an office/light industrial building at 19333 Vallco Parkway (Attachment 1). Background The temporary facility will be used to store materials for the construction activities at Apple Park. Location The subject property is an existing office/light industrial complex with three buildings on two separate parcels (316 20 075, -076) occupied by Apple, Inc. The property is bounded by office/light industrial buildings and Calabasas Creek to the east, Vallco to the west, Highway 280 and the Santa Clara Valley Water District channel to the north, and mixed- use commercial and residential developments to the south (Vallco Parkway). TUP-2025-001 19333 Vallco Parkway Temporary Enclosure Page 2 The storage area would be located to the rear of the parking area in the parking area facing Highway 280. Storage Area The storage area would take up 47 parking spaces. Approximately 25 of those parking stalls (facing Vallco) will be utilized for landscape material storage, while 22 parking spaces (facing Highway 280) will be occupied by three (3) 16-cubic yard debris boxes and two (2) 6-cubic yard front load bins. Any landscape materials not placed in the bins will be covered and waddled. Figure 1 Proposed location of storage area. Parking The proposed enclosure would temporarily remove a total of 47 parking spaces. The building on site measures a total of 305,590 sq. ft. of area. See Table 1 below. Table 1 Parking Demand Building Area(sf) Use Ratio Required VP02 305,590 Office 1/285 1,073 The site would require a total of 1,073 off-street parking spaces based on the Cupertino Municipal Code (CMC) Section 19.124.040 (A). Currently, the site provides a total of 1,177 spaces, an excess of 104 spaces before the project. After the project is implemented, there would be a parking surplus of 57; therefore, no parking impacts are anticipated. Visibility The proposed enclosure is located behind the buildings onsite, over 800 feet away from Vallco Parkway to the south. Visibility to the storage area from the streets and the adjacent commercial and residential structures is obstructed by the building from Vallco Parkway, and the partially obstructed by the existing landscaping along Santa Clara Valley Water District channel facing Highway 280. In all, the storage area’s location in the rear of the parcel behind the buildings, as well as screened by the existing landscaping TUP-2025-001 19333 Vallco Parkway Temporary Enclosure Page 3 minimizes any potential visual impact to the community. ACTION The Director of Community Development deems this application minor and approves the temporary enclosure subject to the following conditions of approval. SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROJECT This approval is based on the plan set entitled “VP02 Site Plan” consisting of five (5) sheets, except as may be amended by the following conditions. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible for verifying 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 project data may invalidate this approval and require additional review. 3. DURATION The outdoor enclosure and all associated equipment shall be removed from the site no later than one year after approval, or August 13, 2026. A new Temporary Use Permit with updated justification shall be submitted to the City for review and approval prior to the Temporary Use Permit expiration. 4. CONSULATION WITH OTHER DEPARMENTS 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. 5. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the TUP-2025-001 19333 Vallco Parkway Temporary Enclosure Page 4 applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel 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. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 6. 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 TUP-2025-001 19333 Vallco Parkway Temporary Enclosure Page 5 all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. This approval of the temporary use permit is effective August 13, 2025. The 14-calendar- day appeal period will expire on August 27, 2025. Attachments Attachment 1 – Plan Set