TUP-2022-003 - Action LetterCITY 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: May 31, 2022
Subject: Director's Temporary Use Permit, TUP-2022-003, to allow for limited -term
food truck operations for return -to -work activities within a portion of
Apple Park for a period of up to four 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 utilize a
portion of Apple Park for limited -term food
truck operations for a period of up to four
months for Apple personnel, located at 1
Apple Park Way.
The property consists primarily of the main
office building, a research and development
building, a presentation theater, a health and
wellness facility, and two above -ground
parking structures. The site is bounded by
single-family residential homes to the north,
office buildings to the east, Interstate 280 to
the south, and apartments and a shopping
center to the west (Figure 1).
Figure 1 Vicinity Map (See Figure 2 for enlarged food truck
area in green)
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DISCUSSION
The applicant, Rebecca Tolentino, on behalf of Apple, Inc., is requesting approval to allow
for food truck operations within a portion of Apple Park to support anticipated demands
of team building and gatherings specifically associated with return -to -work activities.
This permit requests that the food truck operations take place on Tuesdays and
Thursdays for a four -month period anticipated to begin in June 2022. The food trucks will
operate anywhere between late morning to late afternoon for up to two and a half hours.
The applicant proposes the abovementioned schedule to accommodate small-scale
return -to -work gatherings requested by multiple on -site divisions.
The food trucks will be located in an area to the south of the on -site health and wellness
facility (the northwestern corner of the campus) in the outer fitness lawn (Figure 2). Each
event will be limited to three food trucks, located along existing pathways and will not
obstruct any emergency accessibility. The food trucks are intended for on -site employees
only and will not include off -site employees to the site. Therefore, no increases in parking
demand or traffic to the site is anticipated.
Figure 2 Food Truck Location
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ACTION
The Director of Community Development deems this application as minor, and approves
the temporary use permit to allow for limited -term food truck operations subject to the
following conditions of approval.
SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROTECT
Approval is based on the Project Description Letter and Site Plan from Apple, Inc.,
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 uses shall be valid for a period of up to four months. 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 should the applicant
request an extension.
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. INDEMNIFICATION
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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.
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
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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 31, 2022. The 14-calendar
appeal period will expire on June 14, 2022.
Attachments
Attachment 1- Project Description Letter and Site Plan from Apple, Inc.
Attachment 2 - Environmental Programs Division Conditions of Approval