Reso 6729 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6729
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
THAT THE CITY COUNCIL APPROVE THE REZONING OF AN APPROXIMATELY
1.1 ACRE AREA FROM PARK AND RECREATION (PR) TO PLANNED
1.2 INDUSTRIAL PARK (P(MP)) LOCATED AT APN 316 06 050 AND 316 06 051
The P1aruluzg Commission recommends approval of the rezoning to the City of Cupertino
Municipal Code with the findings reflected in the Draft Ordinance attached hereto as Exhibit Z.
PASSED AND APPROVED this 2nd day of October 2013, at a Special Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Brophy, Takahashi, Gong
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS: Lee
ATTEST: APPROVED:
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Aarti Shrivastava '�Don Sun
Director of Community Development Chair, Planning Commission
EXHIBIT Z
ORDINANCE N0. 13-
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL APPROVING THE REZONING
OF AN APPROXIMATELY 1.1 ACRE AREA FROM PARK AND RECREATION (PR) TO
PLANNED INDUSTRIAL PARK(P(MP)) LOCATED AT APN 316 06 050 AND 316 06 051
WHEREAS, an application was received by the City (Application no. Z-2011-03) for the
rezoning of a property from PR(Park and Recreation) to P(MP) (Planned Industrial Park);and
WHEREAS, immediately prior to the Council's consideration of this rezoning, and following
the Commission's recommendation, the Council adopted Resolution No. 6727, adopting a
General Plan Amendment covering the property which is the subject of this rezoning ordinance;
and
WHEREAS, the rezoning will be consistent with the City's General Plan land use map,
proposed uses and surrounding uses; and
WHEREAS, the Rezoning application is part of the Apple Campus 2 Project, which consists of
demolition of all existing structures within the project site and the construction of 3,420,00
square feet of office, research, and development uses; 245,000 square feet of auditorium, fitness
center, and Valet Parking Reception uses; 92,000 square feet of utility plants; and parking and
ancillary buildings (such as security reception areas and landscape maintenance buildings), of
which the proposed buildings are designed to be energy efficient and to use renewable energy
(including energy produced on site via photovoltaic infrastructure and fuel cells), all as fully
described and analyzed in the June 2013 Apple Campus 2 Project Environmental Impact Report
("Draft EIR") (State Clearinghouse No. 2011082055), as amended by text revisions in Chapter IV
of the September 2013 Apple Campus 2 Project EIR Response to Comments Document
("Response to Comments Document") (together, the Final EIR);
WHEREAS, the Final EIR was presented to the Planning Commission and City Council on
October 1, 2013 at a Joint Planning Commission and City Council Study Session; and
WHEREAS, the Planning Commission has recommended that the City Council certify that the
Final EIR has been completed in compliance with the California Environmental Quality Act,
Public Resources Code Section 21000 et seq., and reflects the independent judgment and analysis
of the City, adopt the Findings and Statement of Overriding Considerations for the Project, and
make conditions of approval all of the mitigation measures for the Project that are within the
responsibility and jurisdiction of the City that are identified in Findings; and
WHEREAS, the necessary public notices have been given and the Planning Commission held
one public hearing, recommending to the City Council that the rezoning be granted per
resolution No. (Z-2011-03);
WHEREAS, upon due notice, the City Council has held at least one public hearing that the
amendment to the Zoning map be granted; and
Resolution No.6729 Z-2011-03 October 2,2013
WHEREAS, the City Council finds the following:
1. That the proposed zoning is in accord with this title of the Municipal Code and the City's
Comprehensive General Plan.
Tlie majority of the site is designated Industrial/Residential in the General Plan Land Use Map, whicli
allows, among other uses, research and development and supporting uses. T7ie Zoning designation for
most of the site is Planned Development (Planned Industrial Park) (P(MP)), which similarly allows,
among otlzer uses, researcli and development and supporting uses. The Planned Development district
allows tlie City flexibility to approve project specific development standards different from the standards
outlined in the Zoning regulations for the site. A small portion of tlie project site is currently designated
for use as a public park in both the General Plan and Zoning; 12owever, tlie concurrent General Plan
Amendment and Rezoning of a portion of the site will ensure tliat the project is in compliance with tlie
General Plan and the Zoning regulations governi�ig the project site. In 2005, the City approved tlie
rezoning of 1.1-acre area of a proposed townhouse development project as Park and Recreation to serve
the future residents of tlie development and residents living in the northern portion of tlze City. However,
neither t12e townhouse development project nor public park were developed, althougli tlie site of tlle
proposed park(currently a parking lot) remains designated as park space in the City of Cupertino General
Plan and Zoning Ordinance. The change will make the zoning of this portion of the Project consistent
witli the balance of the Project and enhance and accommodate tlie Project.
2. 'The proposed zoning is in compliance with the provisions of the California Environmental
Quality Act(CEQA).
The proposed project includes the rezoning of tlze site from Parks and Open Space to Planned Industrial
Park. With tliis change in designation, the amount of land designated for future parks in the City will be
reduced. T{iis would exacerbate an existing shortage of parkland in tlzis part of tlie City. None of tlie
private open space in the proposed development is proposed to be accessible by tlle public as a recreational
use. Because the change in the designation and subsequent rezoning of tlle park would be considered a
significant impact under CEQA, as n mitigation measure the applicant sl2all either (i) provide sufficient
funds for tlle acquisition of 1.1 acres of property b� the City for future park development, or (ii) agree to
purchase (unless other property currently owned b� the applicant is proposed) and dedicate to tlle Cit�
1.1 acres elsewlzere in the City as Parks and Open Space, subject to tlie satisfaction of the City, provided
tlie land would be publicly accessible, as well as pay for tlie construction of park improvements and for
long te��m maintenance of tlTe park. This obligation of the applicant to provide eitl2er funds for purchase,
construction and maintenance of parkland or provide parkland,fund construction of improvement and
maintenance of tlze pa��k would adequately offset the loss of tlie park and recreation area. Tliis mitigation
measure reduces the impact to less t12an significant and tlTerefore, tlie change in tlie zoning designation is
in compliance wit1T tlie provisions of CEQA. As set out mor•e fully in tl2e Resolution of tlie Planning
Commission of tlie City of Cupertino recommending certification of An Environmental Impact Report for
tlie Apple Campus 2 project; and recommending Adoption of Findings and a Statement of Overriding
Considerations, Mitigation Measures, and a Mitigation Monitoring and Reporting Program, tlie yroject
complies witli CEQA.
Resolution No.6729 Z-2011-03 October 2,2013
3. The site is physically suitable (including, but not limited to, access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the
requested zoning designation(s) and anticipated land use development(s).
The Project site as designed is physically suitable for this development. Tlie Project is designed to not be
visible to adjacent property owners and thus, will lzave limited impacts upon the adjacent land uses. The
existing utilities to the Project will be enhanced, modified, replaced or parallel systems constructed to
accommodate tlie increased needs of tliis development. In addition, In order to reduce its impact on the
environment, tlie Project will utilize onsite photovoltaics and fuel cells and obtain tlie remainder of its
energy needs from the State of California Direct Access Program, off-site Apple-owned renewable energy
projects or grid-purchased renewable energy. Tlie Project will be compatible witli the surrounding uses
and minimize its impacts upon the neigJ2borliood and tlie environment.
4. The proposed zoning will promote orderly development of the City.
Tlie Zoning Map designates the majority of tlie site Planned Development (Industrial Park) (P(MP)),
wlzich similarly allows, among other uses, researcli and development and supporting uses. Tlie Planned
Development district allows tlie City flexibilit� to create project specific development standards. The
existing development on tlie project site is not a unified co��porate campus. Tlie new Project will demolisli
numerous buildings across the site and consolidate tlze office usage mainly into one large building witli
additional buildings located east of Tantau Avenue. The single user campus will be an organized, orderly
development within the City and will be constructed in a relatively sliort period of time. Tliis project
would also furtller General Plan policies related to Maintaining Cohesive Office Parks (Policy 2-44) and
provide significant revenues to tlie City from increased sales tax ��evenue (Policy 2-42) Tlie Project also
promotes: Policy 2-40 (maintaining tlie vitality of business and manufacturing) and Policy 2-20,
Strategy 3 (diversity of land use, major companies). Finall�, tlie project also pro�oses to make
improvements for the alternate Calabazas Creek trail furthering Policy 2-73, Trails. Therefore, tlie
proposed development substantially conforms to tlie General Plan and is substantiall�consistent with tlie
underlying Zoning.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of subject parcels.
The Project is designed to minimize tlie im�act upon tlie sur�•ounding community and the environment.
In order to reduce its impact on tlze environment, tlze Project will utilize onsite pliotovoltaics and fuel
cells and obtain tlie��emainder of its energy needs fi�om tlie State of California Di1•ect Access P��ogram, off-
site Apple-owned renewable energy projects or grid-purcliased renewable energy. The P�•oject has been
designed to incorpor•ate passive heating and cooling in the main office building wlzid2 will use ambient
air. Tliis will reduce tlie use of inechanical cooling making for a more efficient and better work
envi�ronment. Tlie �roject has been designed to minimize its impact upon the neiglibors, adjacent �•oads
and fi�eeways and the environment. A�propriate mitigation measures to address t��affic impacts along
witli tlze adoption of an aggressive but achievable Transportation Demand Management Plan will furtlier
reduce the traffic impacts of the project. Adequate buffer lias been �rovided around tlze project to allow
privacy and to reduce impacts to neiglibors. 'The site lias a Cor�porate Fitness Center wliicli would enable
employees to attend to tlzeir general 1lealtli and incorporates many jogging trails and an on-site bike
Resolution No.6729 Z-2011-03 October 2,2013
sharing program. The project also has a large on-site restaurant with several smaller indoor and outdoor
dining facilities.
The project increases the amount of landscaped green space to over 100 acres. Tlie landscape design of
meadows, and woodlands will create an ecologically ricli oak savanna reminiscent of t12e early Santa Clara
Valley. It will incorporate both young and mature trees, and native and drought tolerant plants, that will
tlirive in Santa Clara County with minimal water consumption. In addition, the project includes some
orchard fruit trees, tlie fruit from which will be used at t12e on-site dining facilities furtJiering
sustainability principles that the project is striving for. The p�roject �roposes to add at least 1,700
additional trees to tlie site and increase the pei•vious surface areas on site significantly improving
stormwater quality and reducing run-off. Site access 11as been designed to consolidate entry and exit in
order to reduce conflict with pedestrian and bicycle activity and is directed away from tlze residential
neighborhood. Adequate emergency access has been p�•ovided on site. The design of the Project and its
environmental attributes are not detrimental to tlie healtlz, safety, peace, morals and general welfare of
persons residing or working in the neighborhood of the subject parcels.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
That after careful consideration of the, maps, facts, e�ibits, testimony and other evidence
submitted in this matter, the City Council based upon the findings described above, the public
hearing record and the Minutes of Plarining Commission Meeting of October 2, 2013, and subject
to the following, finds:
Section 1. That the property described in attached Exhibits Z-1 & Z-2, is hereby rezoned to:
P(MP), Planned Industrial Park; and that Exhibit Z-2 attached hereto is made part of the
Master Zoning Map of the City of Cupertino; and
Section 2. That this ordinance shall take effect and be in force thirty (30) days after its
passage, as modified above.
INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the
15th day of October 2013 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the day of , 2013, by the following vote:
Vote: Members of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino
EXHIBIT Z-1
EXHIBIT Z-1
LEGAL DESCRIPTION
FOR REZONING
AREA TO BE REZONED TO P(MP)
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 6 AS SHOWN ON THAT CERTAIN PARCEL
MAP RECORDED IN BOOK 329 OF MAPS AT PAGE 49, SANTA CLARA COUNTY RECORDS, SAID POINT
BEING ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE JUNIPERO SERRA FREEWAY (I 280);
THENCE
NORTH 39°51'28" EAST,A DISTANCE OF 713.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 59°59'32"WEST,A DISTANCE OF 192.00 FEET;THENCE
SOUTH 30°00'28"WEST,A DISTANCE OF 47.00 FEET;THENCE
NORTH 59°59'32" WEST,A DISTANCE OF 45.55 FEET;THENCE
ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 41.00 FEET, THE
CENTER OF WHICH BEARS NORTH 5°51'S5" WEST, THROUGH A CENTRAL ANGLE OF 43°14'25", AN
ARC DISTANCE OF 30.94 FEET; THENCE
NORTH 40°53'40" EAST,A DISTANCE OF 27.17 FEET; THENCE
SOUTH 49°06'20" EAST,A DISTANCE OF 49.00 FEET;THENCE
NORTH 40°53'40" EAST,A DISTENCE OF 235.83 FEET TO A POINT ON THE CENTERLINE OF PRUNERIDGE
AVENUE, 92 FEET WIDE;THENCE ALONG SAID CENTERLINE OF PRUNERIDGE AVENUE
SOUTH 49°06'20" EAST,A DISTANCE OF 51.82 FEET;THENCE
ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET, THE
CENTER OF WHICH BEARS NORTH 40°53'08" EAST, THROUGH A CENTRAL ANGLE OF 6°59'S4", AN
ARC DISTANCE OF 76.29 FEET; THENCE
SOUTH 39°51'28"WEST,A DISTANCE OF 302.30 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 1.18± ACRES, MORE OR LESS.
This page intentionally left blank.
EXHIBIT Z-2
L=73.28'
PRU R=600.00' �
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