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TUP-2022-001 Action LetterCITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council members Chairperson and Planning Commissioners From: Benjamin Fu, Director of Community Development Prepared by: Gian Paolo Martire, Senior Planner Date: May 5, 2022 Subject: Director's Temporary Use Permit, TUP-2022-001, 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. TUP-2022-001 19333 Vallco Parkway Temporary Enclosure Page 2 HIGHWAY 280 Proposed enclosure location M 1 i BUILDING A BUILDING B U� UUIII II II II II II111 V ��nnnirn•innin 0 c ,� IIIIIIIIIIIIII 'I "."op", The enclosure would be located to the rear of the existing office buildings in the parking area. An application for the same proposal was approved for this property on June 18, 2020 (TUP-2020-001). Enclosure The enclosure has a proposed area of 2,401 sq. ft., or 52x49. 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. Parking 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. TUP-2022-001 19333 Vallco Parkway Temporary Enclosure Page 3 Visibility The proposed enclosure is located behind Building A, over 500 feet away from Vallco Parkway and more than 100 feet from Perimeter Road to the west. Visibility to the enclosure from the streets and the adjacent commercial and residential structures is obstructed by the existing Building A. The proximity of the proposal and the existing landscaping further limit visibility from the public right-of-way and adjacent private properties. 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 March 11, 2022, 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 February 12, 2023. 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 TUP-2022-001 19333 Vallco Parkway Temporary Enclosure Page 4 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 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, TUP-2022-001 19333 Vallco Parkway Temporary Enclosure Page 5 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. 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 May 5, 2022. The 14-calendar-day appeal period will expire on May 19, 2022. Attachments Attachment 1— Plan Set