TUP-2015-09b CITY OF CUPERTIIVO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council members
Chairman and Planning Commissioners
From: Aarti Shrivastava, Assistant City Manag�
Prepared by: Erick Serrano, Assistant Planner
Date: December 8, 2015
Subject: Director's Temporary Use Permit, TUP-2015-09, to allow a temporary office
trailer for a period of three months to facilitate commercial office services at
20803 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, Larry Bengevino, on behalf of Saich Way Station, LLC., is requesting
approval to allow the installation of one (1) temporary trailer in the parking lot of the
subject property. The temporary trailer is needed to accommoda-te a future tenant (H&R
Block) while tenant improvements are being performed.
The subject property is located at the northeast intersection of Stevens Creek Boulevard
and Saich Way bounded by office and commercial uses to the west, a day care facility to
the north, commercial uses to the west and south.
The applicant is proposing to install one office trailer measuring 56 feet by 14 feet in size
in the northeasf corner of the property which would reduce the site's on-site parking by
approximately six (6) spaces.
Due to the reduction in the on-site parking spaces, a condition of approval has been
added to ensure adequate parking is available for all current and future tenants while
the trailer is on site.
TUP-2015-09
20803 Stevens Creek Blvd. Temporary Trailer Page 2
# of Parking
S aces
Total Available 79
_ Parking Required with
Tem orar Trailer (H&R Block) 65
Parkin Sur lus 14
Another condition has been added to have the temporary trailer operator (H&R Block)
submit for tenant improvements at the project site prior to occupation and use of the
trailer.
1�CTIOI�T
The Director of Community Development deems this application as minor, and
approves the temporary trailer subject to the following conditions of approval.
1. APPROVED PROTECT
This approval is based on the sheet entitled "OPT 2 10/28/15", and the sheet entitled
"Parking Analysis for Saich Way Station, Cupertino, CA" dated 11/4/2015, except as
may be amended by the following conditions.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify 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 trailer and all associated equipment shall be removed from the site
no later than three months from the date of this permit. The applicant shall apply for
a new Temporary Use Permit should the applicant need the trailers to remain onsite
for the Community Development Department's review and decision.
4. ON-SITE PARKING
The property owner shall provide a parking analysis demonstrating adequate on-
site parking is available prior to any occupancy being granted to future tenants.
5. TENANT IMPROVMENTS SUBMITTAL
Prior to occupancy being granted for the temporary trailer, the applicant sha11
submit a building permit for tenant improvements.
TUP-2015-09
20803 Stevens Creek Blvd. Temporary Trailer Page 3
6. BUILDING PERMIT REQUIRED
Issuance of a building permit shall be required prior to installation of proposed
f acilities.
7. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions set forth shall be attached to, incorporated into, or annotated on the
first page of the building plans.
8. NOISE
Noise from all activities associated with the operation of the trailers shall not exceed
the maximum Daytime and Nighttime exposure limits prescribed in Chapter 10.48
of the City of Cupertino Municipal Code.
9. COlVSULATION 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 Deparfinent.
10. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its Cify Council, and its officers, employees and agents
(collectively, the "indemnified parties") from and against any claiin," 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 attacl<, 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 writteri 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
TUP-2015-09
20803 Stevens Creek Blvd. Temporary Trailer Page 4
approval period in whieh 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 is effective December 8, 2015. The fourteen
calendar day appeal period will expire on December 22, 2015.
Attachments
Attachment 1 - Plan Set
Attachment 2 - Parking Analysis
G:\Plann ing\PDREPORT\DlRreports\TUP REPORTS\2015\T UP-2015-09.docx
Parking Analysis for Saich Way Station,Cupertino CA
Uses Sq.Feet #Users Employees Parking Requirement Number of Stalls Actual Ratio
SVI 3500 1/250 14 0
T-Mobile 1749 1/250 7 6.96
The Melt 1749 33x1/3= 11
4 4x1= 4
Blast 825 2809 56x 1/4= 14
6 6x1= 6
Coder School 1026 1l25d 4 4_1
HR Block 1533 1/285 5 5.38
Site For Sore Eyes 80°/a retail 1533 80% 1/25Q 2Q% 1/175 7 6.66
Meriwest Credit Union 1749 1/285 6 6.1
Totals 15648 78
Allowed per permit 79.4
Not Apart
*'Site For Sore Eyes All Med 1533 1/175 9 8.76
"*Retail 1749 1/250 6 6.14
_* If SFSE was calculated at all medical
If Meriwest went straight retail no change ��
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