TUP-2017-07.docx
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: Jeffrey Tsumura, Associate Planner
Date: December 20, 2017
Subject: Director’s Temporary Use Permit, TUP-2017-07, to allow a Temporary Use
Permit to allow the installation of two (2) 12’-7” tall temporary chillers and
temporary construction staging for a period of six (6) months at 19333 Vallco
Parkway.
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, Ernesto Barron, on behalf of Barron Builders, is requesting approval to
allow two (2) 12’-7” tall temporary chillers and temporary construction staging for a
period of six months in the parking lot of an Apple owned property at 19333 Vallco
Parkway.
Background
Location
The subject property is located
within an existing office complex
occupied by Apple. The property
Vallco
Apple
is bounded by Highway 280 to the
Mall
north, Vallco Shopping Mall to the
west mixed-used commercial and
residential properties of 19800
and Main Street to the south, and
Nineteen800
another Apple office building is to
the east.
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19333 Vallco Parkway Temporary Chiller Units Page 2
Equipment
Apple is seeking approval for the installation of two (2) temporary chillers (12’-7” tall)
within the existing parking lot located on the west side of Building A. The units will be
screened by a 13’-0” tall temporary construction fencing with windblock fabric mesh
around the perimeter of the chillers and an additional 8’-0” tall temporary fencing around
the construction staging area. A temporary construction trailer will also be located
adjacent to the cooling units further north up the site on the opposite side of the drive
aisle.
The temporary chillers are requested to allow undisrupted service to Building A during
the removal and replacement of two (2) indoor chillers and five (5) permanent HVAC
cooling towers located within an existing permanent outdoor equipment enclosure. The
two permanent cooling towers will measure 18’-6” in height while the other three
measure 20’-9” in height. The towers are enclosed by an existing 20’-0” tall chain-link
fence with vinyl slats. The replacement cooling towers are like-for-like and will be
identical in size and height. Therefore, no increase in visual impacts are anticipated.
Temporary Chillers
13’-0” wind block enclosure
8’-0” temporary enclosure
with fabric mesh
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19333 Vallco Parkway Temporary Chiller Units Page 3
Parking
The temporary chillers and enclosure will occupy 20 parking spaces, and the construction
trailer will occupy an additional 11 parking spaces for a total of 31 parking spaces. The
parking count during construction will be 1,135, which is greater than the total required
parking of 923 parking spaces for the site. The 31 parking spaces will be restored upon
completion of construction or expiration of the Temporary Use Permit, whichever occurs
first.
Visibility
The temporary chillers will be located along the west side of the property, set back
approximately 320 feet from Vallco Parkway and approximately 430 feet away from the
nearest residential use. The units will be screened by a 13’-0” tall temporary enclosure
and outer 8’-0” tall enclosure to minimize visual impacts. Additionally, existing trees will
further obstruct the enclosures from public view along Perimeter Road.
Noise
No significant noise impacts are anticipated, as the temporary chillers will function
similarly to the permanent units. The temporary enclosures, notably the 13’-0” tall
temporary fence with wind block, “noisestop” vinyl material, will provide additional
sound-blocking features. The two enclosures, along with additional sound-reduction
from the existing trees on site, will reduce noise levels to below 60 dBA measured from
the nearest neighboring residential properties across Vallco Parkway.
Duration
The temporary chillers and construction trailer is proposed for a period of six (6) months
while the permanent cooling towers are replaced.
ACTION
The Director of Community Development deems this application as minor, and approves
the temporary coolers, enclosure, and construction trailer subject to the following
conditions of approval.
SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROJECT
This approval is based on the request letter and plan set entitled “Apple VP02A
Phase I HVAC Upgrades” consisting of six (6) sheets labeled as “A0, A0.1, A1.1,
A1.2, A1.3, and A10.1”, dated December 6, 2017, except as may be amended by the
following conditions.
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19333 Vallco Parkway Temporary Chiller Units Page 4
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 coolers, enclosure, and construction trailers, and all associated
equipment shall be removed from the site no later than six (6) months after
installation, or upon completion of construction, whichever occurs first. A new
Temporary Use Permit with updated justification shall be submitted to the City
for review and approval prior to the Temporary Use Permit expiration.
4. BUILDING PERMIT REQUIRED
Issuance of a building permit shall be required prior to installation of proposed
equipment and facilities.
5. NOISE
Noise shall not exceed the maximum Daytime and Nighttime exposure limits
prescribed in Chapter 10.48 of the City of Cupertino Municipal Code.
6. 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.
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
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City,
its City Council, its officers, employees and agents (the “indemnified parties”) from 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) reimbursing
the City its actual attorneys’ fees and 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.
9. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
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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 20, 2017. The fourteen (14)
calendar appeal period will expire on January 3, 2018.
Attachments
Attachment 1 – Request Letter
Attachment 2 – Plan Set
G:\\Planning\\PDREPORT\\DIRreports\\TUP REPORTS\\2017\\TUP-2017-07.docx