TUP-2017-06 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
Prepared by: Erika Poveda, Assistant Planner
Date: November 20, 2017
Subject: Director's Temporary Use Permit, TUP-2017-06, to allow for a 300kW temporary
generator for a one (1) week period to facilitate the maintenance of an existing,
permanent generator at an existing office building (Apple) at 10101 N. De Anza
Boulevard.
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.
The applicant, Daniel Stitt, on behalf of Redwood Electric Group, is requesting approval for the
placement of a temporary generator located in the corner of the underground parking garage
ramp of the subject property from December 16, 2017 to December 23, 2017. The temporary
generator will be used as a central power source during upcoming maintenance on the existing,
permanent power generator at this location.
DISCUSSION
Apple, Inc. occupies the existing office building located on the west side of N. De Anza Boulevard.
The property is bounded by Alves Drive to the north, Stevens Creek Boulevard to the south, and
Bandley Drive to the west. The surrounding land uses are predominantly commercial and office
uses to the north, south, east, and west as well as low -density residential to the northeast and
medium -density residential to the northwest.
The applicant proposes a portable, trailer -mounted 400-gallon tank diesel generator that is self-
contained in a sound -reducing enclosure with locked doors. The temporary generator with trailer
measures eight (8) feet wide, 21 feet long, and 9.5 feet high. A ' ' rail barrier will be provided
around the generator.
TUT-2017-06 10101 N. De Anza Boulevard
As proposed, the temporary generator will be located on the eastern corner of the existing parking
garage ramp at the northern end of property. The temporary generator will be located outside of
the drive aisle and shall not adversely impact garage traffic. The temporary generator will not be
visible from N. De Anza Boulevard given that the parking garage ramp is approximately 15 feet
below ground level. Existing plantings surrounding the parking ramp will further screen the
proposed temporary generator from public view. No significant noise impacts are anticipated as
the equipment is housed in a sound -reducing enclosure and is located approximately 250 feet
away from the closest residential use.
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
This approval is based on the plan set entitled "Apple Inc. De Anza 4.1" consisting of one
(1) sheet (ES-1) and associated technical specifications consisting of three (3) documents
(A040U609, Rental Power WOW, and Enclosures and Tanks 250-1000kW gensets)
stamped as received November 13, 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 up
to two (2) weeks. 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.
TUT-2017-06 10101 N. De Anza Boulevard Paee 3
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.
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 November 20, 2017. The 14 calendar day
appeal period will expire on December 4, 2017 at 5:00pm.
Attachments:
Attachment 1 - Plan set with technical specifications