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TUP-2021-005 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: February 28, 2022 Subject: Director's Temporary Use Permit, TUP-2021-005, to consider two temporary tent structures within the construction staging area for a period of up to six months in the parking area of an existing retail shopping center (Target) located at 20745 Stevens Creek Boulevard. 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 consider the placement of two temporary tents within the construction staging area in the Target parking lot at 20745 Stevens Creek Boulevard for a period of up to six months. DISCUSSION -W.� �.� The property consists of a - � Target and is shared by Bottega's eat _ shopping center Y� - on a separate - w _ parcel. The site is bounded b - y ���i� - Bye and erfi � multifamily - residential buildings to the �'' '�" " - / ` g Figure I Tent Placement within Staging Area TUP-2021-005 20745 Stevens Creek Blvd Temporary Use Permit Page 2 north, a restaurant and Marina Plaza to the east, Cupertino Crossing Shopping Center to the south, and Saich Way Station to the west. This permit proposes a designated area within the northwestern parking lot of the complex. The applicant, Trevor Sigman of Tamarack Grove Engineering, on behalf of Target, is requesting approval to allow the assembly of two warehouse style tents within a construction staging area within the Target parking lot (see Figure 1). They will be used to house construction materials and supplies during an upcoming store remodel. The tents are approximately 50'(W) X 65' (L) X 18' (H) and made from white PVC vinyl (Figure 2). The tents are largely enclosed with this material on the top and the sides and necessary to both protect the construction materials inside as well as resist the high LW wind speeds anticipated during this construction season. Panel flaps with a grommet and lace system will remain open _ on at least two sides to allow for accessible ingress and egress and air flow without compromising the uplift wind loads of the tents. The staging area will occupy Figure 2 Tent(Note:Photo representative of actual tent) approximately 32 parking stalls. A six-foot tall chain link construction fence with privacy screen will be used to enclose the staging area (Figure 3). Existing pavement, landscaping, and shade trees will not be disturbed, and the layout has been arranged to minimize the disturbance of traffic flow to the closure of one drive aisle. Tesla EV charging stalls are locatedr adjacent to the construction staging area. However, these charging stalls will remain — outside of the staging area and will be left available for use. The tent structures will be dismantled, and the site restored to its previous condition as Figure 3 Security Fence(Note:Photo representative of actual fence) necessary upon completion of construction or upon expiration of this TUP, whichever comes first. TUP-2021-005 20745 Stevens Creek Blvd Temporary Use Permit Page 3 ACTION The Director of Community Development deems this application as minor. Therefore, the Temporary Use Permit is approved to allow the construction of a two temporary tents within the construction staging area with six-foot tall construction chain-link fence and privacy screen to provide security subject to the following conditions of approval. SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT Approval is based on a Site Plan entitled "Cupertino Staging & Site Plan" consisting of one sheet, 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 tents and all associated equipment shall be removed from the site no later than six months after installation or by end of construction, whichever occurs first. 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. TUP-2021-005 20745 Stevens Creek Blvd Temporary Use Permit Page 4 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 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. 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 TUP-2021-005 20745 Stevens Creek Blvd Temporary Use Permit Page 5 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. 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. This approval of the temporary use permit is effective February 28,2022. The 14-calendar appeal period will expire on March 14, 2022. Attachments Attachment 1 -Site Plan P:\5. Staff Reports and Resolutions\DIR-TUPreports\TUP REPORTS\2021\TUP-2021-005.docx