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TUP-2015-01b CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council members ,, Chairman and Planning Commissioners / From: Gary Chao,Assistant Director of Community Developmen�' ' Prepared by: Kaitie Groeneweg, Assistant Planner ��/ Date: March 3, 2015 Subject: Director's Temporary Use Permit, TUP-2015-01, to allow the use of a vacant apartment as a temporary leasing office during construction of the new leasing office at the Biltmore Apartments located at 10097 S. Blaney Avenue. '� !03 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, Greg Collins, representing Prometheus Real Estate Group, is requesting approval to allow a temporary leasing office in one of the existing vacant units at the Biltmore Apartments. In 2014, the Biltmore Apartments received approval of a Development Permit and Architectural and Site Approval to allow a new 11,278 square foot clubhouse and seven (� new studio apartments. The temporary leasing office is required during the construction of the new leasing office and clubhouse. Leasing Office Description The leasing office is approximately 1,134 square feet and will be located in unit#103. The hours of operation for the office will be 9:00 AM to 6:00 PM daily; the same as the existing office. The office will employ a maximum of three (3) staff at any given time. No changes to the buildings interior or exterior are proposed. The proposed leasing office meets parking and ADA requirements. Adequate ADA and fire access will be maintained at all times. Prior to occupancy a building inspection is required to verify the accessible paths of travel on the site. Future tenant parking will be located on site and staff parking will be located on the street parking for the site. TUP-2015-01 Biltmore Leasing Office Page 2 Duration The leasing office is scheduled to operate throughout the duration of the construction of the new clubhouse. Should construction and the need for the leasing office exceed the one year expiration date additional permits will be required to extend the temporary use. ACTION The Director of Community Development approves the temporary use permit with the following conditions of approval: 1. APPROVED EXHIBITS This approval is based on the plan set, dated 2/20/15, consisting of 3 pages including a site plan, floor plan, and accessible paths site plan, except as may be amended by conditions 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 Department. 3. BUILDING INSPECTION Prior to occupancy a building inspection is required to verify the accessible paths of travel on the site to the temporary leasing office. 4. EXPIRATION DATE This approval shall expire on March 3, 2016. The applicant may apply for a Temporary Use Permit at that time for an extension of time. 5. 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 authorized hereby for the project, including (without limitation) reimbursing the City its actual attomeys' 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. 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 TUP-2015-01 Biltmore Leasing Office 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 3, 2015. The fourteen calendar day appeal period will expire on March 17, 2015. Attachments Plan Set G:\Planning\PDREPORT\TUPreports\2015\TUP-2015-01.docx � 1 � I L� i� l�i f/(/ W� , 3�i : . . � „ � . � . , . � STEVENS CREEK BLVI:�. �.,".�':;��:�' �---, I �I - ; - �u _ ,a. --- ---' I� � � . „ i �. i �, i �o i . i ;. �.�=;-=✓� .,��. �' ��:�.�o� F�a ` ., �., �z � e „� a CHRISTIANI. ��»�� I JDHNSAN ��an ��. n��on.. �cw sErnw m�,s s.��iiuu.w ��f9 � � y vno��xinr�wirzmorw..os. - • � ♦ E 3lOPEa3a�oCBCBECIIW �� jEzITO��55FUxlvOCCUVaNCiES]Q`r�EwM ' �hM�i�/ B TMlx'�TVw�cs e�o✓E PCEmiNO ex A e..�]01 E�'iuti�iw .wt �ILlAF.IMe. n NlB:7aU �ec�..�w�ec�iHC��cs cw�,.c.ea n��D BILTMORE ADJACENCY '��,<o�,� VROMEfHEUS REAL ESTAT' 6AYSNiR0�C4li0PNL19um� p/IIn1 PFPMRSYBMinRI �ill] - --- - blNl] MTAIq W V19 V�-�'-0' siTE�cmr+c i ACCESSIBIl7TY ' �tn�a.-^�?^" -+Srm�,�«f;, � SITE PLAN-EXITING/ACCESSIBILITY _ ��{i;0'7,�'� w.a. ,':°< :�� 1 ��' /�a � � # /03 � 13zlrrri;o�'�1�'�or�=�i Unit #2F I Approx. 1134 sq ft T0159,SOUTH�BLANEY AVENU.E, CUPERTINO, CA 95014 / 408.255.8787 / � BILTMOREC�PROMETHEUSREG.COM '{N1M11{A(:THEBtLTMOREAPTS.CQ.M �"G�,��`��5"�'� ;3_-�—/_5. 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