TUP-2018-04.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 14, 2018
Subject: Director's Temporary Use Permit (TUP-2018-04) to allow the installation
and operation of temporary modular buildings at 10900 North Blaney
Avenue.
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, Jessica Gavello, on behalf of Pacific Gas and Electric (PG&E), is requesting
approval to allow the installation of five (5) temporary modular buildings for a period of
six (6) months at the subject property.
DISCUSSION
PG&E currently occupies the existing office complex on the subject property, which is
bounded by commercial land uses to the north, single-family residential to the east,
Interstate -280 to the south, and a planned development single-family residential cluster
to the west.
The applicant is proposing five (5) modular buildings to accommodate PG&E employees
who will be temporarily displaced by the anticipated tenant improvement work under a
separate Building Permit (permit # B-2018-1444) to remodel the existing restrooms,
breakrooms, and meeting rooms and to construct new locker rooms. The modular
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10900 N. Blaney Avenue Temporary Modular Buildings Page 2
buildings will not be visible from the public right-of-way since they will be screened by
an existing office building and landscaping on site.
The placement of the modular buildings will result in the temporary loss of
approximately 50 parking stalls. However, the proposed site will continue to have a
parking surplus of approximately 118 parking spaces after the installation of the
temporary buildings as shown in Table 1 below.
Table 1: Parking Analysis
Use
Building Area
(Sq. Ft.)
Parking
Requirement
Number of
Stalls Needed
Building 1— Office
4,386
1/285 sq. ft.
15.39
Building 2 — Office
7,901
1/285 sq. ft.
27.72
Building 3 - Office
21,062
1/285 sq. ft.
73.90
Building 4 - Office
6,935
1/285 sq. ft.
24.33
Building 5 - Office
31,413
1/285 sq. ft.
110.22
Temporary Modular Buildings
(proposed)
3,152
1/285 sq. ft.
11.06
Total Parking Needed
263
Total Existing Parkin On -Site
431
Total Available Parking with Modular
Building
AL
ii
381
Parking Surplus
118
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
DEPARTMENT
1W.1100WGIVA 90ra WSIM411
The approval is based on the Site Plan consisting of one (1) sheet entitled, "A-004,"
one (1) sheet entitled, "Temporary Trailer(s) and Distance from Existing
Buildings," two (2) supplemental site plan/aerials and one (1) parking analysis
table, 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
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10900 N. Blaney Avenue Temporary Modular Buildings Page 3
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 modular buildings and all associated equipment shall be removed from the
site no later than six (6) months from the date of building permit issuance for the
modular buildings. The applicant shall apply for a new Temporary Use Permit,
prior to permit expiration, should the modular buildings 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. PATH OF TRAVEL
Provide accessible path of travel from the public right of way and accessible
parking spaces to the entrance of the proposed office trailers as well as to the
proposed restrooms.
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.
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10900 N. Blaney Avenue Temporary Modular Buildings Page 4
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.
SECTION II: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. FIRE SPRINKLERS REQUIRED
Approved automatic sprinkler systems in new and existing buildings and
structures shall be provided.
2. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED
Provide access roadways with a paved all weather surface, a minimum
unobstructed width of 20', vertical clearance of 13'-6", minimum circulating
turning radius of 36' outside and 23' inside, and a maximum slope of 15%.
3. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter
33 and our Standard Detail and Specification SI -7. Provide appropriate notations
on subsequent plan submittals, as appropriate to the project.
4. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property.
This approval of the temporary use permit is effective November 14, 2018. The fourteen
(14) calendar appeal period will end on Monday, November 28, 2018 at 5:00 p.m.
Attachments
Attachment 1 - Plan Set