TUP-2018-02.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: Erick Serrano, Associate Planner
Date: May 24, 2018
Subject: Director's Temporary Use Permit to allow the installation and operation of a
temporary modular building and necessary site -work 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.
BACKGROUND
The applicant, Rebecca Tolentino, on behalf of Apple Inc, is requesting approval to allow
the installation of temporary trailers for a period of six (6) months at the subject property.
Apple Inc. had received approval for the same Temporary Use Permit (TUP) through
TUP-2017-01. The permit has since expired. In order for the use to continue, Apple Inc. is
required to obtain another TUP.
DISCUSSION
Apple Inc. occupies the existing office complex on the subject property bounded by
Interstate 280 to the north, Vallco Mall to west, mixed-use developments to the south
across Vallco Parkway (Main Street and Nineteen800), and additional Apple offices to
the east (across North Tantau Avenue).
The applicant proposes modular buildings measuring a total of 120' by 47' to allow
Apple's security team temporary office/meeting space in order to provide services to the
Apple Campus 2 located on the north side of I-280 until such time as the permanent
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19333 Vallco Parkway Temporary Trailer Page 2
security office space at that site is completed. Utilities for the proposed modular
buildings will be connected through existing utilities on site. The modular building will
not be visible from the public right of way since it will be located behind one of the office
buildings on the site.
The placement of the modular buildings will result in the temporary loss of
approximately 45 parking stalls. However, the proposed site would continue to have a
parking surplus of 230 parking spaces after installation of the temporary buildings as
shown in the table below.
Table 1: Parking Analysis
Use
Area
(Sq. Ft.)
Parking
Requirement
Number of
Stalls Needed
Building A - Office
103,960
1/285 sq. ft.
365
Building B - Office
23,000
1/285 sq. ft.
81
Building C - Office
136,230
1/285 sq. ft.
478
Temporary Modular Building (proposed)
5,640
1/285 sq. ft.
20
Total Parking Needed
944
Total Existing
1,218
Total Available with Modular Building
1,173
Surplus
230
The placement of the modular buildings will result in the removal of two (2) London
Plane 5" DBH Protected (development) trees. The trees are being removed under a
separate Tree Removal Permit (TR -2017-16), and will be replaced by two (2) 36 -inch box
London Plane trees; which is larger the 24 -inch box required. The trees are to be replanted
within 30 days of the removal of the modular buildings.
ACTION
The Director of Community Development deems this application as minor, and approves
the temporary modular trailers subject to the following conditions of approval.
SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DFPT_
1. APPROVED PROTECT
The approval is based on the plan set entitled "VP02 Temporary Modular Trailers
Apple" consisting of seven (7) sheets (Title Sheet, Sheet 0.0 — Sheet 5.0), except as
may be amended by the following conditions.
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19333 Vallco Parkway Temporary Trailer Page 3
2. ACCURACY OF PROTECT 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 six months from the date of this permit. The applicant shall apply for
a new Temporary Use Permit, prior to permit expiration, should the trailers be
proposed to remain onsite past the expiration date for the Community
Development Department's review and decision.
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
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.
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
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19333 Vallco Parkway Temporary Trailer Page 4
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 24, 2018. The fourteen (14)
calendar appeal period will expire on June 7, 2018.
Attachments
Attachment 1- Plan Set
G:\ Planning \ PDREPORT \ DIRreports \ TUP REPORTS \2018\ T UP -2018-02. docx