TUP-2021-003 - 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: Jeffrey Tsumura, Associate Planner
Date: January 7, 2022
Subject: Director's Temporary Use Permit, TUP-2021-003, to allow for the
construction of a temporary mockup structure in the parking area of an
existing office development at 12 Results Way for a period of up to three
months.
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 14 calendar days.
BACKGROUND
The applicant is requesting a Temporary Use Permit to allow Apple, Inc. to allow the
construction of a temporary mockup structure in the parking area of an existing office
development at 12 Results Way for up to three months.
DISCUSSION
The property consists of an office complex with multiple research and development
buildings leased by Apple, Inc. The site is bounded by a residential townhome
development to the north,office buildings across from railroad tracks owned by Southern
Pacific Transportation Company to the east, Apple research and development buildings
to the south, and single-family residential homes to the west. This permit proposes a
designated area within the northernmost parking lot of the complex.
The applicant, Steve Chaitow, on behalf of Apple, Inc., is requesting approval to allow
the construction and staging of a temporary structure to support eight skylight glazing
panels for review of aesthetic appearance. The glazing panels will be supported by a
scaffold structure and is intended for demonstration purposes only. Existing pavement
will not be disturbed, and existing shade trees will be protected per the Tree Protection
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12 Results Way Temporary Use Permit Page 2
Plan on Sheet A-002 of the plan set.The structure will be dismantled, and the site restored
to its previous condition as necessary following the removal of the temporary structure.
The temporary structure will be located north of the office building at 12 Results Way
and temporarily displace 14 of the 1,247 parking spaces within the complex. Based on the
parking requirement for office uses of one space per 285 square feet, 1,208 spaces are
required.While the mockup is in place there will be 1,233 available parking spaces,which
exceeds the minimum requirement. The structure will be contained within the
dimensions of the parking stalls and will not have an impact on circulation through the
drive aisles. Figure 1 shows the proposed staging area in the parking area.
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ACTION
The Director of Community Development deems this application as minor, and approves
the temporary use permit to allow the construction of a temporary mockup structure
subject to the following conditions of approval.
SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
TUP-2021-003
12 Results Way Temporary Use Permit Page 3
1. APPROVED PROTECT
Approval is based on the following:
a) Plan set entitled "Temporary Skylight Mockup" consisting of three sheets
(Sheets A-001, A-002, and A-100), except as may be amended by the following
conditions, and
b) Letter from Apple Inc., titled "Project Description Letter"
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 use and all associated equipment shall be removed from the site no later than
three months after installation. The Applicant shall notify the City when the
equipment 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. 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.
5. 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.
6. TEMPORARY STRUCTURES
The proposed temporary structures shall meet all structure, fire, life, safety, and
accessibility standards.
7. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved lighting plans to comply with
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12 Results Way Temporary Use Permit Page 4
development standards of Cupertino Municipal Code Section 19.102.040
Outdoor Lighting Requirements. In the event changes are proposed from the
approved plans, said changes must be reviewed and approved by the Director of
Community Development or their designee. The applicant shall provide all
documentation required to determine compliance with the Municipal Code.
8. BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved plans to comply with development
standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development
Requirements. In the event changes are proposed from the approved plans, said
changes must be reviewed and approved by the Director of Community
Development or their designee. The applicant shall provide all necessary
documentation required to determine compliance with the Municipal Code.
9. 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
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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.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
10. 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 January 7, 2022. The 14-calendar
appeal period will expire on January 21, 2022.
Attachments
Attachment 1 -Plan Set
Attachment 2 - Letter from Apple Inc., titled "Project Description Letter"
P:\5. Staff Reports and Resolutions\DIR-TUPreports\TUP REPORTS\2021\TUP-2021-003.docx