TUP-2014-01b CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, Califomia 95014(408) 777-3308
To: Mayor and City Council Members
Chairman and Planning Commissioners ��
,--° ,--` ,
From: Gary Chao, Assistant Director of Community Developme � '"���'�`�
Prepared by: Alex Wykoff, Senior Code Enforcement Offficer �
Date: March 4, 2014
Subject: Director's Temporary Use Permit, TUP-2014-01, to allow temporary parking of
commercial trailers for office furniture storage during on-site interior tenant
improvements located at 19333 Vallco Parkway.
Chapter 19.164 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 the decision to the City Council
& Planning Commission in time to allow an appeal of the decision within
fourteen calendar days of approval.
DISCUSSION
The applicant, Lance Kim, representing Apple Inc., is requesting a temporary use permit for the
placement of thirty-five commercial vehicle trailers in the rear parking lot of the three office
buildings at the subject site. Interiar tenant improvements require all office fumiture to be
moved out of each of the three buildings on-site during the construction. The buildings are
used as office space and include a small dining facility that will remain open during
construction for Apple employees of buildings on adjacent campuses. The temporary use of the
trailers is to store office equipment from the existing buildings and will not be used for storage
of construction materials. Of the thirty-five trailers, three will be temporary construction offices
used for administrative purposes during construction.
The trailer dimensions vary between twenty and fifty-three feet in length and are all eight feet
wide and fourteen feet high. The trailers will obstruct some parking stalls in the rear (north)
parking lot adjacent to Highway 280; however, the buildings will be primarily vacant during
the construction. Parking lots in the front (south) and east and west sides of the buildings will
remain open for parking. Trailers will be removed from the site as the construction phases are
completed and furniture is moved back inside with employees slowly reoccupying the
buildings. All buildings are expected to be fully reoccupied and all trailers removed by July 1,
2014. No drive aisles will be obstructed and adequate ADA and fire access will be maintained.
TUP-2014-01 Temporary Trailer Parking Page 2
As employees return to the building facilities, the front and side parking lots adjacent to Vallco
Parkway will be used to accommodate staff parking demands.
The Director of Community Development approves the temporary use permit with the
following conditions of approval:
1. APPROVED EXHIBITS
This approval is based on Exhibits titled, "Apple Vallco Parkway 2", dated �/20/14 except as
may be amended by the Conditions contained in this Resolution.
2. 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 by the Community Development
Deparhnent.
3. TRAFFIC CIRCULATION
All trucks used to remove the trailers from the subject site must remain on approved truck
routes in accordance with Section 11.32 of the Cupertino Municipal Code.
4. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building
permits for the unpermitted construction office trailers.
5. EXPIRATION DATE
This approval shall expire on March 4, 2015. The applicant may apply for a Temporary Use
Permit at that time for an extension of time.
6. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City,
its City Council, its officers, employees and agents (the "indemnified parties") from and
against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void this ordinance or any permit or
approval autharized hereby for the project, including (without limitation) reimbursing the
City its actual attorneys' fees and costs incurred in defense of the litigation. The City may,
in its sole discretion, elect to defend any such action with attorneys of its choice.
7. 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
TUP-2014-01 Temporary Trailer Parking Page 3
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 is effective March 4, 2014. The fourteen calendar day
appeal period will expire on March 18, 2014.
Attachments
Plan Set
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Date:
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Scale:
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