TUP-2020-001 Action Letter 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, Director of Community Development
Prepared by: Erick Serrano, Senior Planner
Date: June 18, 2020
Subject: Director's Temporary Use Permit, TUP-2020-001, to allow for the
temporary installation of an outdoor fenced enclosure with tents for a
period of up to nine 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, Sophia Tyra, on behalf of Apple, Inc., is requesting approval to allow the
installation and use of a temporary fence enclosure with tents for a period of up to nine
months, located within the parking area of an office building at 19333 Vallco Parkway
(Attachment 1).
Background
The temporary facility will be used to for temporary outdoor research and development
studies.
Location
The subject property is an existing office complex occupied by Apple, Inc. The property
is bounded by Highway 280 to the north, an office building to the east, mixed-use
commercial and residential developments to the south (Main Street and 19800), and
Vallco Mall to the west.
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19333 Vallco Parkway Temporary Enclosure Page 2
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The enclosure would be located to the rear of the existing office buildings in the parking
area.
Enclosure
The enclosure has a proposed area of 2,401 sq. ft., or 52'x49 . A new eight-foot chain link
fence with black vinyl solid fabric mesh will surround the proposed area. Four new 10'-
0" W x 10'-0" L x 12'-6" H white fabric membrane tents will be located within the
enclosure.
The proposed enclosure would temporarily remove a total of 13 parking spaces.The three
buildings on site measure a total of 292,925 sq. ft. of area, which would require a total of
1,028 off-street parking spaces at a parking rate of 1 space for every 285 sq. ft based on
Cupertino Municipal Code (CMC) Section 19.124.040 (A). Currently, the site provides a
total of 1,221 spaces, an excess of 193 before the project. After the project is implemented,
there would be a parking surplus of 180; therefore, no parking impacts are anticipated.
Visibility
The proposed enclosure is located behind Building A, over 500 feet away from Vallco
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19333 Vallco Parkway Temporary Enclosure Page 3
Parkway and more than 100 feet from Perimeter Road to the west. Visibility to the
enclosure is obstructed by the placement of the enclosure to the rear of the building and
landscaping (trees, shrubs, etc.) between the streets and the enclosure.
ACTION
The Director of Community Development deems this application as minor, and approves
the temporary enclosure 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 plan set entitled "Exterior Improvements for: VP02
Temporary Outdoor Space, 19333 Vallco Parkway, Bldg. A Cupertino, CA 95014"
consisting of sheets labeled as G0.0, G4.1, A0.1, A7.1, and A9.1, dated April 22,
2020, 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 outdoor enclosure and all associated equipment shall be removed from the
site no later than nine months after installation, or March 18, 2021. The Applicant
shall notify the City when the temporary outdoor space is 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.
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
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19333 Vallco Parkway Temporary Enclosure Page 4
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
As part of the application,to the fullest extent permitted by law,the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the "indemnified parties") from and against any liability, claim,
action, cause of action, suit, damages, judgment, lien, levy, or proceeding
(collectively referred to as "proceeding") brought by a third party against one or
more of the indemnified parties or one or more of the indemnified parties and the
applicant related to any Ordinance, Resolution, or action approving the project,
the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for the project. The
indemnification shall include but not be limited to damages, fees, and costs
awarded against the City, if any, and cost of suit, attorneys' fees, and other costs,
liabilities, and expenses incurred in connection with such proceeding whether
incurred by the Applicant, the City, or the parties initiating or bringing such
proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees
and costs shall include amounts paid to the City's outside counsel and shall
include City Attorney time and overhead costs and other City staff overhead costs
and any costs directly related to the litigation reasonably incurred by City. The
applicant shall likewise agree to indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys' fees, or costs
awards, including attorneys' fees awarded under Code of Civil Procedure section
1021.5, assessed or awarded against the indemnified parties. The Applicant shall
cooperate with the City to enter a Reimbursement Agreement to govern any such
reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment)if made necessary
by proceedings challenging the project approvals and related environmental
review, if the applicant desires to continue to pursue the project.
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The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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 June 22,2020.The 14-calendar-day appeal
period will expire on July 6, 2020.
Attachments
Attachment 1 —Plan Set
G:APlanning\PDREPORT\DIR-TUPreports\TUP REPORTS\2020\TUP-2020-001.docx