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DIR-2024-001 Action Letter CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014(408) 777-3308 To: Mayor and City Council Members Chairperson and Planning Commissioners From: Luke Connolly, Assistant Director of Community Development Luke by: Gian Paolo Martire,Senior Planner Date: February 5, 2024 Subject: Director's Minor Modification, DIR-2024-001, to improve the central courtyard of Apple's Infinite Loop Campus located at One Infinite Loop (APN 316-02-999). Chapter 19.164 of the Cupertino Municipal Code allows for administrative approval of minor changes in a project. The Director reports his decision to the City Council and Planning Commission in time to allow an appeal of the decision within fourteen calendar days. DISCUSSION _ The Apple Campus located at One Infinite ` ''" Highway 280 s Loop is an approximately 26-acre office — d r• property comprised of six office buildings and 3.5-acre a central court yard (see Figure 1). The z '` property is bordered by Mariani Drive to the south, single-family residential to the east, > 4 Highway 280 to the north, and N. De Anza " Blvd. to the west. The applicant has submitted a Director's Minor Modification (DIR-2024-001) to modify planting material (including canopy trees) and add two pergola structures in the existing landscape I area within the central courtyard, upgrading to more water efficient and native plantings, as well as providing for more permanent seating Fi amenities for employees. These areas are in amenity building(Red Star). the red outlined area in Figure 1. DIR-2024-001 One Infinite Loop Page 2 DISCUSSION The applicant, Patrick Daly representing Woods Bagot, is now requesting for approval for modifications to existing landscape areas within an existing courtyard, totaling approximately 3.5 acres. The current landscaping is a combination of high-water use turf area and pathways, with numerous trees of various species. The landscape modifications include: ® Removing much of the existing turf area; © Planting very low and low water using evergreen (mostly California native) species shrubs and canopy trees. These include, but not limited to: o Cleveland Sage o Douglas Iris o Shumard Oak o California Sycamore o Vine Maple Please refer to sheets L1.00 and L.9.00 of the Plan Sheet (Enclosure 1) for the proposed planting plan; and ■ Two pergola structures will be added at the northeastern edges of the central courtyard, above proposed seating areas. ■ Four open air seating areas are proposed, three of them within the offshoot mini courtyards along the western edge of the central courtyard. No tree removals are associated with the proposed modifications. The applicant will protect the trees with a four-foot-high polyethylene fence that extends around the drip line of each tree. There is no proposal to modify the existing buildings. There are no additional modifications proposed to the site or landscaping approved beyond the scope of work discussed above. In accordance with General Plan Policy ES-5.1.2 and Chapter 14.15: Landscape Ordinance of the Cupertino Municipal Code, the project is replacing high water use, non-native plantings with planting of native, drought tolerant landscaping that is beneficial to the environment, while ensuring the protection of existing mature trees. ACTION The Director of Community Development deems the modification minor and approves the project with the following conditions of approval: 1. APPROVED EXHIBITS Approval is based on exhibits titled: "Tech Campus Courtyard Renovation' located at 1 Infinite Loop prepared by Olin December 21, 2023, consisting of seven (7) sheets labeled L0.00 - L9.90, except as may be amended by the conditions contained in this __._ resohttion. DIR-2024-001 One Infinite Loop Page 3 2. ACCURACY OF THE PROJECT PLANS The applicant/property owner is responsible to verify 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 property data may invalidate this approval and may require additional review. 3. BUILDING PERMITS The applicant shall consult with the City Building Division to obtain the necessary building permits, or building permit revisions, prior to commencement of work. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible for consulting 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. PREVIOUS CONDITIONS OF APPROVAL All prior conditions of approval through past approvals shall remain in effect unless superseded by or in conflict with subsequent conditions of approval and as specifically amended by this Director's Minor Modification approval. 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 DIR-2024-001 One Infinite Loop Page 4 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 The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. This approval of the modification is effective February 5, 2024. The fourteen-calendar day appeal period will expire on February 19, 2024. Enclosures: 1. Plan Set