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TUP-2016-04.pdf CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council members Chairman and Planning Commissioners From: Benjamin Fu, Assistant Director of Community Development Prepared by: Erick Serrano, Associate Planner Date: October 31, 2016 Subject: TUP-2016-04, to allow a temporary trailer and generator during the renovation and expansion of an existing café (Starbucks). 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, Diane Hanamoto, on behalf of Starbucks, is requesting approval to allow the installation of two trailers and a generator for 60 days in the parking lot at the property located at 20520 Stevens Creek Boulevard. Background The temporary equipment is needed in order to continue to provide services while the existing store undergoes a renovation and expansion consistent with previously approved ASA-2016-03. Location The subject property is located in a commercial shopping center at the intersection of North De Anza Boulevard and Stevens Creek Boulevard. To the north of the project site is an existing gas station, to the west are mixture of commercial uses, to the south is an office building, and to the east are uses including a hotel, general commercial uses, and an office building. The proposed equipment is located in front of the existing store, and will temporarily reduce the s. However, because the existing café will be closed during the construction, there are no expected parking impacts associated with the temporary equipment. Equipment The proposed equipment includes two trailers, and one temporary generator. The temporary -The second trailer TUP-2016-04 20520 Stevens Creek Boulevard Ste. ATemporary TrailersPage 2 measuring -. The BOH trailer includes items such as a restroom, manager workstation, and refrigerator. The temporary generator will be used to power the trailers while they are in use. In order to minimize the impact of the noise generated by the temporary generator, the generator will be located away from the adjacent tenants, but within the proposed footprint of the temporary facilities. Duration Starbucks is intending to place the generator on site when construction begins. Construction is estimated to being in January 2017. As conditioned, the temporary trailers, generator, and all associated equipment shall be removed from the site no later than 60 days from the date the equipment is installed. ACTION The Director of Community Development deems this application as minor, and approves the temporary power generator subject to the following conditions of approval. 1.APPROVED PROJECT - the 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 trailers, generator and all associated equipment shall be removed from the site no later than 60 days from the date the equipment is installed. 4.BUILDING PERMIT REQUIRED Issuance of a building permit shall be required prior to installation of proposed equipment and facilities. 5.SIGNAGE No signage is approved with this application. A separate sign permit shall be required to be submitted to the City and approved. Signage shall conform to the regulations TUP-2016-04 20520 Stevens Creek Boulevard Ste. ATemporary TrailersPage 3 6.GENERATOR LOCATION AND NOISE Prior to building permit issuance, the plans will be updated so that the generator will be located away from tenants. 7.NOISE LEVELS Noise levels shall not exceed the maximum Daytime and Nighttime exposure limits prescribed in Chapter 10.48 of the City of Cupertino Municipal Code. 8.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. 9.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. 10.INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the 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) litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 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 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 is effective October 31, 2016. The fourteen (14) calendar appeal period will expire on November 14, 2016. Attachments TUP-2016-04 20520 Stevens Creek Boulevard Ste. ATemporary TrailersPage 4 Attachment 1 - Plan Set &ȎɄ/²§´´¯´­Ʉ/#1$/.13Ʉ#(1¸«¶µ¸º¹Ʉ34/Ɏ1$/.132ɄŵųŴŹɄ34/ɉŵųŴŹɉųŷȌªµ©¾Ɏ