TUP-2018-03.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: July 25, 2018
Subject: Director's Temporary Use Permit (TUP-2018-03) to for temporary food
truck service at the Infinite Loop Campus during construction activities.
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
up to six (6) temporary food trucks at the Infinite Loop Campus.
DISCUSSION
Apple currently occupies the existing office campus that is bounded by Interstate 280 to
the north, office buildings to the south, office and residential buildings to the east of
North De Anza Blvd., and single-family residential homes to the east.
As part of a larger tenant improvements to the Infinite Loop Campus, Apple is
undergoing the renovation of the Cafe Macs dining facility located onsite. Because the
renovation will force the temporary closure of the cafe, Apple is requesting to have six
(6) food trucks on the northeast corner of the Infinite Loop Campus to provide food
options for Apple employees.
By continuing to provide food options on site, Apple will prevent additional vehicle trips
to other Apple dining facilities during the breakfast (7:OOam to 11:OOam), lunch (11:OOam
to 2:OOpm), and dinner (6:30pm to 8:30pm) hours.
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1 Infinite Loop Temporary Food Trucks Page 2
The six (6) food trucks will be located at the northeast corner of the Infinite Loop Campus
approximately 500 feet from the residential properties to the east, and 350 feet from North
De Anza Blvd. The temporary food trucks will occupy approximately 78 parking stalls.
Parking demand will be significantly reduced due to the closure of two of the five office
buildings and the Cafe Macs building. Therefore, there is no anticipated parking impact
to the site.
ACTION
The Director of Community Development deems this application as minor, and approves
the temporary food trucks subject to the following conditions of approval.
SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DFPT_
1. APPROVED PROJECT
The approval is based on the applicant letter dated July 16, 2018 prepared by
Rebecca Tolentino, and the site plan entitled "Overall Site Plan Diagram'
consisting of one (1) sheet, (EX -1), except as may be amended by the following
conditions.
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.
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The temporary food trucks and all associated equipment shall be removed from
the site no later than six months from the date of this permit.
4. ACCESSIBLE PATH OF TRAVEL
The applicant shall provide an Accessible Path of Travel from the campus to the
food truck area.
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.
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1 Infinite Loop Temporary Food Trucks Page 3
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
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 July 25, 2018. The fourteen (14)
calendar appeal period will expire on August 8, 2018.
Attachments
Attachment 1- Applicant Letter
Attachment 2 - Site Plan
G: \ Planning \ PDREPORT \ DIR-TUPreports \ TUP REPORTS \2018 \ TUP-2018-03.docx