TUP-2017-03 Signed Action Letter.pdfCITY 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 BP
Prepared by: Ellen Yau, Assistant Planner
Date: May 9, 2017
Subject: Director's Temporary Use Permit, TUP-2017-03, to allow for a 2500kVA temporary
standby generator for a two -week period to facilitate the maintenance of an existing,
permanent generator at an existing office building (Apple) at 20740 Valley Green Drive.
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
BACKGROUND
The applicant, Rick Zgragen, on behalf of Cupertino Electric, is requesting approval for the
placement of a standby temporary generator in the parking lot of the subject property for two
weeks. The temporary generator is needed as an emergency backup power source in case of any
interruptions to power during an upcoming maintenance of the existing permanent power
generator at this location. Previously the applicant requested and received approval for a
temporary generator in 2011(TUP-2011-03) and 2015 (TUP-2015-03).
Apple Inc. occupies the existing office building located on the south side of Valley Green Drive.
The property is bounded by Beardon Drive to the west, single family residential to the south,
Bandley Drive to the east and additional Apple office buildings to the north.
The applicant proposes a portable, trailer -mounted diesel generator that is self-contained in an 8'
wide, 45' long, and 14' high stainless steel, weather -tight sound reducing enclosure with locked
doors. As proposed, a temporary 6' high chain link fence with slats and a 4' "K" rail barrier would
be provided around the generator.
The temporary generator is proposed on an existing concrete patio area at the northern end of the
parking lot facing Apple buildings to the north, and therefore will not reduce the on -site parking.
The existing mature trees on -site will help screen the views of the temporary generator and
Tyr['-2(717-03 20140 Valley Green Drive Page 2
ancillary fencing from public view from Valley Green Drive. No significant noise impacts are
anticipated as the equipment is housed in a sound -reducing enclosure, is located approximately
250 feet away from the closest residential use, and the generator is not planned to be in operation
unless utility power is lost.
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 PROTECT
This approval is based on the plan set entitled "Apple VG3 Data Center' consisting of 5
sheets (E0.0, E1.0, E.3.0, E3.1, E4.0) stamped as received May 1, 2017, except as may be
amended by the following conditions.
2. 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.
3. ACCURACY OF PROJECT 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.
4. BUILDING PERMIT REQUIRED
Issuance of a building permit shall be required prior to installation of proposed equipment
and facilities.
5. DURATION OF TEMPORARY GENERATOR
The temporary generator shall be located on site as indicated on the approved plan for
approximately (2) weeks or 14 days from the date of building permit issuance of the
temporary generator. The temporary use permit approval will expire six (6) months from
the date indicated on this letter.
6. NOISE
Noise shall not exceed the maximum Daytime and Nighttime exposure limits prescribed
in Chapter 10.48 of the City of Cupertino Municipal Code.
7. 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.
FL P-2017-03 20740 V'allev Green Drive
8. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless
the City, its City Council, and its officers, employees and agents (collectively, the
"indemnified parties") from and against any claim, 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 attack, 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.
9. 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 May 9, 2017. The fourteen calendar day
appeal period will expire on May 23, 2017.
Attachments:
Attachment 1 - Plan Set
G: \ Planning \ PDREPORT \ DIRreports \TUP REPORTS \2017\ TUP-2017-03.docx