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TUP-2016-06.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: December 8, 2016 Subject: -2016-06, to allow a temporary trailer for a period of one year to facilitate construction activities at 10380 Perimeter Road (Hyatt House). 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, Damon Grose, on behalf of KCR Development, is requesting approval to allow the installation of a temporary trailer for a period of one year at the subject property. The subject property is located at the corner of North Wolfe Road and Interstate 280. Adjacent properties include Vallco Shopping Mall to the East, West, and South with Interstate 280 located to the North. The 720-quare-foot temporary trailer will be located along the southeast edge of the construction site. No parking spaces are being reduced as part of the project. ACTION The Director of Community Development deems this application as minor, and approves the temporary trailer subject to the following conditions of approval. TUP-2016-06 10380 Perimeter Temporary Trailer Page 2 SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.APPROVED PROJECT The approval is based on the plan set consisting of fourteen (14) sheets labeled as - 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 trailer and all associated equipment shall be removed from the site no later than one year from the date of this permit. The applicant shall apply for a new Temporary Use Permit should the applicant need the trailer to remain onsite 4.BUILDING PERMIT REQUIRED Issuance of a building permit shall be required prior to installation of proposed equipment and facilities. 5.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. 6.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. 7.INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless ceeding brought by a third TUP-2016-06 10380 Perimeter Temporary Trailer Page 3 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 atto 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. 8.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 December 8, 2016. The fourteen (14) calendar appeal period will expire on December 22, 2016. Attachments Attachment 1 Plan Set &ȎɄ/²§´´¯´­Ʉ/#1$/.13Ʉ#(1¸«¶µ¸º¹Ʉ34/Ɏ1$/.132ɄŵųŴŹɄ34/ɉŵųŴŹɉųŹȌªµ©¾Ɏ