TUP2016-03_Approval.pdf C�TY OF CUPERTINO
10300 Torre Avenue, Cupertino, Califo�nxa 95Q14 (�08) 777�3308
To: Mayor and City Council Members
Chairman and Planning Com�zssioners
From: Benjartnill Fu, Assistant Director of Cornrnunity Developrnent�
Prepared by: Haleigh King,Assistant Plar�ner
Date: October 18, 2016
Subject: Director's Temparary Use Permit, TUP-2016-03, to allow a ternporary medical frailer
for up to one year to provide rnedical support to on site contractors and staff af an office
� building located at 18920 Forge DrYve{Apple).
Chapter �9.12.0�0 of fhe Cuperfino Munici�al Code al�ows for administrative
approval of a temporary use perrnit, 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 Co�nznission in time to allow an appeal of fhe decision within
fourteen calendar days.
DISCUSSION
The applicant, Mike Mills, on behalf of Apple, is requesting approval to allow fhe installation of
a rnedical trailer�or up fo one year in the parking lot of the subjecf property.The femporary t�ailer
is needed to pravide medical support for const�ucfion staff working on 1learby constrttction
projects{Apple Carnpus 2).
The subject property is an existing office complex leased by Apple on�the east side of N, Tantau
Avenue along Foxge Drive.Adjacent properties inchxde Kaiser Medical Center in the City of Santa
Clara ta the east, additional offices and the AC2 developrnent across N.Taz�tau to fihe west,single
family residential uses to fihe south in the Cify of Santa Clara, and office uses to the north.
� The 720-square-foot fiennporary trailer will be Iocated along the southwestern edge of the parking
lot surrounding the existing one-storp of#ice building. The t�railer will displace six (6) parking
spaces on site, wi�h ten (�Q) spaces designated fox znedical services staff and visitors adjacent ta
the trailer. Additional parking for khe office building is provided across the street at a two 1eve1
parking g;axage. No trees will be removed nr disturbed as part of this permit. The i-railer v,rill be
Iocated over 200 feet frorn the adjacent reszde�tia�dxstrxct to the southwest which is also sepaxafied
by a ]andscape buffer consistiilg of mature frees. The use of the trailer will not generate noise
Ievels above the existi�g office use on site as fihe trailer will be used for cons�ruc�ion staf�to�eceive
medical attention.
TUP-Zai��o3 . .
�.8920 Forge Avenue Tempaxaxy Trailer Page 2
ACTION
The Director of Carnmunity Develop�ent deems this application as minor, and approves the
temporary�railer subject to the foilo�nring conditinns of approval.
1. APPROVED PROT�CT �
This approval is based on the plan set entifled "Apple Campus 2 Forge Medical Trail�r"
consisting of 3 sheets titled "C-FT-0001-03" dated September 20, 2015, an additional
elevation view of the trailer, and a Topographic Survey on Sheet C2.00 except as may be
amended by fhe following conditions.
2. ACCURACY��`PROJECT PLANS
The applicant/propexty owner is responsible to verify aIl pertinent properiy data
including, but nof limifed to, property boundary locations, building setbacks, property
size, building square foo�age, any re�evant easernents andJor construction records. Any
misrepresentation of any project data may invalidate this approval and require additional
review.
3. DURATION
The temporary trailer shaIl atzd all assocza�ed equipxment shall be removed frorn the site
no later than one (1) year from the date of�l1is permit.The applicant shall appl.y for a nevv
Ternporary Use Perrnit should the applicant need the trailers to remain onsite for the
Community Developinent Departments review and decision.
�. BUrLDTNG PERMTT R�EOUTRED
Issuance of a bui�ding perrnit shail be required prior to installation of proposed equipment
and facilities.
5. ANNOTATION O�THE CONDITIONS OP A�'PROVAL
The conditions set #orth shall be attached to, incorporated into, or annatated on fihe first
page of the building pians.
6. NO�SE
Noise shaIl not exceed the maximum Daytime and Night�ime exposure limifs prescribed
in Chapter 10.48A40 of the City of Cupertino Municipal Code.
7. CONSULAT�ON WITH OTHER DEPARMENTS
The applicant is responsibie to consult�nrith other departments and/or agenci.es with
regard fo the proposed project far additional conditions and reqt�irernents. Any
zxtisrepresentafion af any submitfed dafa may invalidate an appraval by the Cornrnunity
Developrnent Deparhnent.
TUP-2016-03
18920 Forge Avenue Temporary Trailer Page 3
S. INDEMNIFICATION
To fihe extent perrnitted by la�, fhe Applicant shall indemnify and hald harm�ess the
City,its City Council, its afficers, entpl.oyees and agents (the "indernnified parties") from
and against any clairn, action, or proceeding brnught by a third party against the
indernnified parties and the applicant to attack, set aside, or void this ordinance or any
permif ar approval authorized hereby far the project,including (without limitation)
reirnbursing the City its actual attorneys' fees and costs incurred in def�nse of the
Ii�igation. The City may,in its sole discretion, eiect fo defend any such action with
attorneys of its chaice.
9. NOTICE O�.�E�,S�D_EDrCATTQNS,RESERVAT�ON� OR OTH�,R EXACTIONS
The Conditions of Projecf Approval sef forth herein may include certain fees, dedication
requirements,reservatian requirements, and other exac�zons. Pursuant to Government
Code SecHon 66020(d) (1),these Conditions constitute written nolice of a statement of
the amount of such fees, and a descripHon of fihe dedications,reservations, and ather
exactions. Yau are hereby€urther noiified that the 90-day approval period in which yau
may protest these fees, dedications,reservations, and other exacfions, pursuant to
Gnvernrnenf Code Section 6b024(a),has begun. If you fail to file a protest within fhis 90-
day period complying with alI of the requiremenfs of Sectian 6b020, yau wzll be IegaIly
barred frorn Iater chailenging such exactions.
This approval of the ten�porary use permrt is effective October 18, 2016, The fourteen {�4)
caiendar day appeal perzod wzll expixe on Novembex 1, 20�.6.
Attachments
Attachment 1 - Plan Set
G:1Planning 1 PDREPORTI DlRreports 1 TUP IZEPORTS 1201b 1 T UP-201 b-03.docx