Reso 6728 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6728
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT TO ALLOW A CHANGE IN
THE LAND USE DESIGNATION OF A 1.1 ACRE AREA FROM PARKS AND OPEN SPACE TO
INDUSTRIAL/RESIDENTIAL TO BE REFLECTED IN THE LAND USE MAP AND VARIOUS FIGURES
AND TABLES, THE ELIMINATION OF A SEGMENT OF PRUNERIDGE AVENUE FROM VARIOUS
REFERENCES AS A MINOR COLLECTOR AND BIKE LANE TO REFLECT THE CLOSURE AND
VACATION OF THIS SEGMENT OF THE STREET, THE POTENTIAL RELOCATION OF
GLENDENNING BARN FROM THE PROJECT SITE AND A CHANGE IN THE PRIMARY BUILDING
BULK SETBACK FOR N. TANTAU AVENUE FROM 1.5 TO 1 SLOPE LINE FROM THE CURB LINE TO
A 1 TO 1 SLOPE LINE FROM THE CURB LINE, CHANGES ASSOCIATED WITH THE
DEVELOPMENT OF THE APPLE CAMPUS AND POTENTIAL DEVELOPMENT AGREEMENT IN
POLICY 2-35: VALLCO PARK NORTH FOR A PROJECT LOCATED AT THE AREA BOUNDED BY
EAST HOMESTEAD ROAD, NORTH TANTAU AVENUE, I-280, NORTH WOLFE ROAD INCLUDING
PROPERTIES LOCATED ON THE EAST SIDE OF NORTH TANTAU AVENUE
SECTION I: PROTECT DESCRIPTION&RECITALS
Application No(s).: GPA-2011-03 (EA-2011-12)
Applicant: Apple Inc. (Dan Whisenhunt)
Location: Area bounded by East Homestead Road, North Tantau Avenue, I-280, North
Wolfe Road including properties located on the east side of North Tantau Avenue
(APN Nos. 316 06 033; 316 06 038;316 06 039; 316 06 045; 316 06 046; 316 06 048; 316
06 049; 316 06 050; 316 06 051; 316 06 052; 316 06 053; 316 07 044; 316 07 045; 316 07
046; 316 09 019; 316 09 027; 316 09 028; 316 18 012; 316 18 025; 316 18 026; 316 18
027;31618 035)
Subject: Changes to GPA to accommodate the development of a 3,789,000 s.f. an office,
research and development campus.
WHEREAS, the Planning Commission of the City of Cupertino received an application (Application no.
GPA-2011-03) for a General Plan Amendment as described in Section I of this Resolution, commonly
referred to as the "Apple Campus 2" project; and
WHEREAS, these General Plan Amendments are required for the Apple Campus 2 Project, which
consists of demolition of all existing structures within the project site, vacation of a portion of Pruneridge
Avenue and vacation of various public easements, 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
Resolution No.6728 GPA-2011-03 October 2,2013
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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") (collectively, the Final EIR); and
WHEREAS, the Final EIR was presented to the Plannulg Commission 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 as required by the Procedural Ordinance of the
City of Cupertino, and the Planning Commission held a public hearing on October 2, 2013 in regard to
the applications; and
WHEREAS, the applicant has met the burden of proof required to support said application;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in
this matter, the Planning Commission hereby recommends that the City Council approve Application
Nos. GPA-2011-03 based upon the findings described in Section II of this resolution, the public hearing
record and the Minutes of Planning Commission Meeting of October 2, 2013, and subject to the conditions
specified in Section III of this resolution.
SECTION II: FINDINGS
The proposed project necessitates the need for amendments to the General Plan in the following areas:
1. A change in the land use designation of a portion of the project site located south of Pruneridge
Avenue and east of The Hamptons from Parks and Open Space to Industrial/IZesidential and
amendments to associated figures to reflect this change.
2. An amendment to Figure 2-G, Cupertino's Historic Resources, to reflect the relocation of the
Glendenning Barn.
3. Amendments to the General Plan to reflect the vacation of Pruneridge, including, but not limited
to:
a. Amendments to Figure 4-B, Bikeways, to remove the Pruneridge Avenue bicycle lane and to
reflect bike facilities on East Homestead Road, North Tantau Avenue, Vallco Parkway and
North Wolfe Road.
b. Amendments to Figure 4-C, Circulation Plan, to remove the "Minor Collector" designation
from Pruneridge Avenue and eliminate a portion of the street segment between North Wolfe
Road and North Tantau Avenue.
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Resolution No.6728 GPA-2011-03 October 2,2013
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4. Amendments to Policy 2-35, Vallco Park North, to reflect changes to this special center related to
approval of the Apple project and the associated Development Agreement and to reflect the
cancellation of the HP Development Agreement.
5. Amendments related to a change in the setback ratio for North Tantau Avenue between Stevens
Creek Boulevard and Homestead Road from 1.5:1 to 1:1 to allow the flexibility related to an
identified mitigation measure to add a southbound right-turn lane on North Tantau Avenue to
Stevens Creek Boulevard.
6. Adjustments to other General Plan figures to reflect the removal of Pruneridge Avenue, the
removal of the Parks and Open Space designation from the site and the relocation of Glendenning
Barn.
General Plan Change 1 —Parkland Desi�nation Chan�e
The applicant shall either provide sufficient funds for the acquisition of 1.1 acres of property by the City for future
park development and fund park improvements and long term maintenance of tlie park; or fund park improvements
and long term maintenance of the park and agree to purchase (unless other property currently owned by the
applicant is proposed), designate, and dedicate to the City 1.1 acres elsewhere in the City as Parks and Open Space,
subject to the satisfaction of the City, provided the land would be publicly accessible. This obligation of the
applicant to provide either funds or parkland would adequately offset the loss of tlze designated future parks and
open space area in the General Plan.
General Plan Chan�e 2—Glendenning Barn
Currentl�, Glendenning Barn is located on private property with no public access and limited visibility. If
Glendenning Barn is relocated to city-owned property, the public will be able to access this valuable historical
resource wit1T the applicant providing the City with sufficient funds to ensure appropriate relocation and
preservation of the locally designated historic structure at an offsite location.
General Plan Chan�e 3—Pruneridge Vacation
Pruneridge Avenue as it exists currently tlirouglz tlie site will be vacated and terminate approximately 650 feet east
of t11e intersection of N. Wolfe Road and Pruneridge Avenue and at the intersection of Pruneridge Avenue and N.
Tantau Avenue on tlie west. Tliis will cliange the ci��culation patterns in tlze area. However to offset this loss of
Pruneridge Avenue, tlie pedestrian and bicycle environment around tlie perimeter of the site and beyond sllall be
improved to facilitate easier pedestrian and bic�cle ci��culation in the area. Traffic wliidz currently utilizes
Pruneridge to enter tlie project site will be directed to project entrances on N. Wolfe Road and N. Tantau Avenue
while tli�rougli traffic on Pruneridge will be diverted to alternative �routes suc12 as Homestead Road and Vallco
Parkway, botli of wliich will be enlianced by imp��ovements proposed witli tliis project.Tliese General Plan
Amendments will make tJze Apple Campus 2 pi�oject consistent witli tlie General Plan.
General Plan Chan�e 4—Vallco Park North Policy 2-35
This po��tion of the General Plan will be dianged to reflect tlie new uses of the site encompassed by the Pi�oject and
the Development Agreement present to the City Council. This portion of t11e General Plan will eliminate references
to a past propert�owner in tliis Special Center(HP) and a Development Agreement tliat was associated with it.
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Resolution No.6728 GPA-2011-03 October 2,2013
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General Plan Chan�e 5 - Setback Ratio Change for North Tantau Avenue between Stevens Creek
Boulevard and Homestead Road
Mitigation measures proposed to improve traffic circulation include tlie provision of a through lane in the
northbound direction on N. Tantau Avenue between Vallco Parkway and Stevens Creek Boulevard. This will
involve property acquisition, and therefore, may �•ender a previously legal conforming building, legal non-
conforming. In order to accommodate the mitigation measure witliout making a previously approved project non-
conforming, changes will be made to the setback ratio for North Tantau Avenue between Stevens Creek Boulevard
and Homestead Road.
General Plan Chan�e 6—Other General Plan Chan�
Additional General Plan changes will be made to ensure internal consistency within tlie document and various
figures and tables to reflect tlie clianges discussed above. Tliese changes are supported by the findings listed below.
These General Plan Amendments ("Amendments") are necessary to accommodate the Project as
described in the Draft Environmental Impact Report. The Project will contribute to the health, safety and
welfare of the public and the community as a whole. It would create a world-class corporate campus.
The Project would increase employment in Cupertino by increasing the number of employees on the site.
The Project will increase the number of trees on the site. The Project requires a single, unified, private
and secure campus in order to address the advanced security needs of the applicant. These security
concerns and the overall project design require the vacation of Pruneridge by separate City Council
action. The circulation of pedestrian and bicycles around the site will be enhanced in order to offset the
impact upon pedestrians and bicycle traffic due to the closure of Pruneridge Avenue. The Project will
greatly expand the permeable surface area and create substantial private open space. In order to reduce
its impact on the environment, the Project will utilize onsite photovoltaics and fuel cells and obtain the
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. The Project will utilize extensive Traffic
Demand Management strategies in order to minimize the number of single occupant vehicles driving to
and from the site. The Project includes traffic mitigation measures designed to reduce the impact upon
the neighborhood, the City and the surrounding and affected communities. Additional traffic
enhancements and improvements have been included to minimize the impact upon the community and
the surrounding communities and adjacent roads or freeways.
SECTION III: INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this recommendation or any permit or approval authorized hereby for the
project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred
in defense of the litigation. Applicant and City shall use best efforts to select mutually agreeable legal
counsel to defend such action, and Applicant shall pay all compensation for such legal counsel,
following Applicant's receipt of invoices from City, together with reasonable supporting documentation.
Such compensation shall include reasonable compensation paid to counsel not otherwise employed as
City staff 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. If Applicant and the City
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cannot in good faith agree on joint counsel, the City shall have the right to retain counsel of its own
choosing, separate from Apple's litigation counsel.
SECTION IV: CEQA REVIEW
An Environmental Impact Report for the Subdivision was prepared in accordance with the California
Environmental Quality Act(CEQA), Public Resources Code Section 21000 et seq.
PASSED AND ADOPTED this 2nd day of October, 2013, Special Meeting of the Planning Commission of
the City of Cupertino, State of Califomia,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 `""� on Sun `�'- �
Director of Community Development Chair, Planning Commission
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