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HomeMy WebLinkAboutTUP-2025-002 TS-2025-009 - Temporary Use and Sign Permit Approval 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: Emi Sugiyama, Senior Planner Date: June 11, 2026 Subject: Director’s Temporary Use Permit, TUP-2025-002, and Temporary Sign Permit, TS-2025-009, to allow for the use of one townhome garage as a temporary sales office at 20840 Stevens Creek Blvd. 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 The applicant, SummerHill Homes, LLC, is requesting approval to allow a temporary sales office use, for a period of up to one year, at 20840 Stevens Creek Boulevard (Attachment 1). The project site has an existing planning entitlement to allow for the development of 59 townhome-style condominium units.1 The applicant proposes to retrofit one of the townhome garages as a sales office, use nine guest parking spaces for sales purposes, and install temporary signage, ramps, fences, and portable restroom facilities associated with the sales use. Analysis The 2.90 net-acre property is bounded by Stevens Creek Boulevard to the north, South Stelling Road to the west, and South De Anza Boulevard to the east. The site abuts single- family residences along Scofield Drive to the south, Union Church of Cupertino to the west, and the Crossroads shopping center to the east. 1 The development was approved by the City Council on July 1, 2025 through a Development Permit (DP- 2024-002), Use Permit (U-2024-007), Tentative Map (TM-2024-001), Architectural and Site Approval (ASA- 2024-005), and Tree Removal Permit (TR-2024-024). TUP-2025-002, TS-2025-009 20840 Stevens Creek Blvd Temporary Sales Office Page 2 The proposed temporary sales office will be located in the garage of the southernmost unit of Building 4, which is located at the center of the eastern boundary of the site, adjacent to the neighboring commercial property. The office will not be visible from Stevens Creek Boulevard and will be located more than 200 feet from the existing single-family residential development to the south of the site. Sales Office Area and Parking The temporary office space will be approximately 450 square feet in size and will include a sales area and two office spaces. Both the residence in which the sales office is proposed and the adjacent residence will be used as model homes for sales purposes, while the temporary use is in operation. The proposed office use would temporarily make use of nine of the 12 guest parking spaces on site for office visitors and to locate a temporary portable restroom facility. Signage The proposed sales office is located in the southernmost unit of Building 4, along the eastern property border. Visibility to the office from Stevens Creek Boulevard is obstructed by the other units on the site. As such, signage will be required to direct both vehicular and pedestrian traffic to the sales office location. The applicant has proposed six signs, including one entry sign, one parking sign, two lead-in signs, and two model signs to assist in orienting site visitors. The project also includes four temporary flag signs located along Stevens Creek Boulevard. Each sign will be removed following the termination of the temporary sales office use on the site. The signs have been reviewed and found to be consistent with temporary sign requirements outlined in Cupertino Municipal Code Chapter 19.104, as outlined in the table below. Shopping Center TUP-2025-002, TS-2025-009 20840 Stevens Creek Blvd Temporary Sales Office Page 3 Table 1: Sign Requirements Table Sign Type Allowed Sign Type Allowed Allowed Entry Sign 64 square feet 64 square feet 6’ / 6’ Parking Directional Signs 4 square feet 3’ / 3’ Lead-in 4 square feet Model ID Real Estate Signs 4 square feet N/A, wall mounted Flags Flag Signs 4 square feet 20’ / 20’ ACTION The Director of Community Development deems this application as minor and approves the temporary use and signage subject to the following conditions of approval. A conditional use permit for a temporary use may be granted by the Director, if, from the application or the facts presented to him or her, he or she makes the following written findings: A. The granting of the application 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; and The proposed temporary use 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 because it does not introduce a use which is incompatible with the existing neighboring uses. Additionally, the use will be limited to one unit on the property and will last for no more than one year. Temporary operations on the property will comply with all other requirements for businesses in the City including hours of operation and noise. B. The proposed use will be located and conducted in a manner in accord with the Cupertino General Plan and the purposes of this title. The proposed temporary use will be located within an approved residential development and perform uses in a manner that is consistent with the Cupertino General Plan and Municipal Code, as described in this memorandum. TUP-2025-002, TS-2025-009 20840 Stevens Creek Blvd Temporary Sales Office Page 4 SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED PROJECT This approval is based on the plan set entitled “20840 Stevens Creek Boulevard Landscape Improvement Plans for: Model Homes” consisting of 31 sheets labeled as L0.0 through L4.8, C1, and 01 through 07, dated January 21, 2026, 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 temporary sales office, signs, and all associated equipment shall be removed from the site no later than one year after the issuance of the certificate of occupancy for the Building Permit associated with the temporary sales office. 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 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 TUP-2025-002, TS-2025-009 20840 Stevens Creek Blvd Temporary Sales Office Page 5 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 all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. This approval of the temporary use permit and temporary sign permit is effective June 11, 2026 and will expire on June 11, 2027. The 14-calendar-day appeal period will expire on June 25, 2026. ATTACHMENTS Attachment 1 – Approved Plan Set