TUP-2018-05.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: Ellen Yau, Associate Planner
Date: October 17, 2018
Subject: Director's Temporary Use Permit, TUP-2018-05, to allow for a temporary
restroom trailer and a portable restroom to locate for a period of 30 days at 20745
Stevens Creek Blvd.
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, Steve Ruiz, on behalf of Target, is requesting for a temporary restroom
trailer and a portable restroom to locate, for a period of 30 days, at the front entrance of
an existing Target store.
Background
The current property is undergoing interior tenant improvements, exterior facade
modifications, and site work improvements. As part of the tenant improvements, the
applicant is proposing a restroom trailer and ADA -compliant portable restroom to
accommodate for the temporary closure while the restrooms are being remodeled.
Location
The existing building backs up to the northern property line (along Alves Drive) and is
separated from the other property lines by surface parking. The building is more than
100 feet from the eastern property line; 150 feet away from the western property line; and
more than 300 feet away from the southern property line (see image below). For ease of
accessibility and convenience for Target patrons, the temporary restrooms will be located
at the southwest corner of the building at the only patron entrance. In addition, the
restrooms will be on an existing concrete patio, and therefore will not impact the parking
availability. The location of the restrooms will not be detrimental to the site and adjacent
properties due to the significant setbacks from property lines.
TUP-2018-05
20745 Stevens Creek Blvd. Paae 2
Portable Restroom and Restroom Trailer
The proposed trailer is 20' by 8'-6" at a height of 12' and the proposed portable restroom
is 7' by 7' at a height of 7-6". The restrooms will be serviced every other day between the
hours of 5:00 am to 7:00 am. The anticipated truck route (demarcated in yellow in the
image above) will be along the major corridors and will not affect the residential
properties to the north.
Visibility
The restrooms are visible to the public right-of-way, but due to the significant setbacks
from property lines the visual impact is negligible.
TUP-2018-05
20745 Stevens Creek Blvd.
Pale 3
Noise
The temporary facilities do not require a generator therefore no significant noise impacts
are anticipated.
Duration
The temporary restroom facilities are proposed for a period not to exceed 30 days.
ACTION
The Director of Community Development deems this application as minor, and approves
the temporary restrooms subject to the following conditions of approval.
SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is based on the site plan entitled "Target" and a two-page
specification report, received October 1, 2018, except as may be amended by the
following conditions.
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 restrooms shall be removed from the site no later than thirty (30)
days after installation. The Applicant shall notify the City when the temporary
restrooms are installed. 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 if an extension is required.
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.
TUP-2018-05
20745 Stevens Creek Blvd.
H
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 October 17, 2018. The fourteen (14)
calendar appeal period will conclude on October 31, 2018.
Attachments
Attachment 1- Site Plan
Attachment 2 - Restroom Trailer Specifications
G: \ Planning \ PDREPORT \ DIR-TUPreports \ TUP REPORTS \ 2018 \ TUP-2018-05.docx