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HomeMy WebLinkAboutASA-2024-014 - AH Reso 153CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 153 OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR AN EXPANSION OF AN EXISTING UTILITY SPACE TO PROVIDE MEP REDUNDANCY UPGRADES, INCLUDING SWITCHGEARS, TRANSFORMERS, GENERATORS, AND RENEWABLE ENERGY CHARGED BATTERIES LOCATED AT 4 APPLE PARK WAY SECTION I: PROTECT DESCRIPTION Application No.: ASA-2024-014 Applicant: Apple, Inc. Location: 4 Apple Park Way; APN: 316-06-061 SECTION II: FINDINGS WHEREAS, the City of Cupertino received an application for an Architectural and Site Approval to consider an expansion of an existing utility space to provide MEP redundancy upgrades, including switchgears, transformers, generators, and renewable energy charged batteries at Apple Park, as described in Section I. of this Resolution; and WHEREAS, after consideration of evidence contained in the entire administrative record, at the public hearing on October 15, 2013, the City Council adopted Resolution No. 13- 084, adopting an Environmental Impact Report (EIR)for the Apple Park Project; and WHEREAS, environmental analysis was conducted by LSA, Inc. pursuant to the requirements of CEQA, and an addendum to the EIR was prepared which found that no new or substantially increased significant environmental effects; and WHEREAS, the necessary public notices have been given as required by the Cupertino Municipal Code, and the Administrative Hearing Officer has held at least one public meeting with regard to the application; and Resolution No. 153 ASA-2024-014 August 18, 2025 Page 2 WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Administrative Hearing Officer finds as follows with regard to this application: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The applicant proposes extending the exiting utility space which encompasses 39,552 square feet within the 170 -acre Apple Park Campus. The structures proposed are three new electric generators, and six battery storage units and not likely to be visible from neighboring properties. All the proposed changes are minor improvements to the existing site and will not be detrimental or injurious to property or improvements in the vicinity. 2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: a) Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings. There are no changes in building scale as the structures are below the height of the adjacent parking garage. Existing landscaping, including mature redwoods, will be maintained along Highway 280, and a new 6 foot retaining wall with a 7 foot sound attenuation fence on top will be constructed along Calabazas Creek, therefore only minimal portions of the structures will be visible to motorists. No other height or scale modifications are proposed to the existing buildings that will impact the existing massing. b) In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should Resolution No. 153 ASA-2024-014 August 18, 2025 Page 3 be avoided. Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments and provide shielding to prevent spill -over light to adjoining property owners. The proposed structure will be subterranean and unlikely visible from neighboring properties. Existing mature trees are proposed to be retained, and the landscaping planted by the structures, as well as sound walls, will visually buffer the generators and batteries from the public. Outdoor lighting incorporates appropriate shielding and is designed to meet the dark -sky requirements of the Municipal Code. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures have been designed to minimize traffic hazard, positively affect the general appearance of the neighborhood and harmonize with adjacent development. At this point, no signs are approved as part of this project. d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. This application is not a new project and will maintain the existing buffering and setbacks established adjacent to the existing residential neighborhoods. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony, staff's report and presentation, and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof, The application for an Architectural and Site Approval, Application no. ASA-2024-014 is hereby approved and that the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Meeting record concerning Application no. ASA-2024-014 as set forth in the Minutes of the Administrative Hearing Meeting of August 28, 2025 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set drawn by HGA titled "Apple Park Main Campus Upgrades" consisting of sixty-two (62) sheets labeled A-0001 - A-CP-6502, C1.0 - C9.0, Resolution No. 153 ASA-2024-014 August 18, 2025 Page 4 L-1 - L-20, and EL -SW -1609A - EL -SW -1609F, except as may be amended by conditions in this resolution. 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 property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. EA -2011-12 (CC Res No. 13-082) shall be applicable to this approval. 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. EXTERIOR BUILDING MATERIALS/TREATMENTS a. The final building exterior plan shall closely resemble the details shown on the original approved plans. b. No fencing is approved within the front setback area. c. All final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. d. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 6. ARBORIST REVIEW Prior to final occupancy, an arborist report will need to be submitted verifying the health of the existing trees onsite. If the arborist determines that the trees are severely impacted by the construction despite the measures taken, applicant must apply for a tree removal permit for City's consideration, subject to the findings in Chapter 14.18. 7. SIGNAGE Signage is not approved with this application. Signage shall conform to the City Sign Code. Resolution No. 153 ASA-2024-014 August 18, 2025 Page 5 8. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to occupancy. 9. 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. 10. INDEMNIFICATION AND LIMITATION OF LIABILITY 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. Resolution No. 153 ASA-2024-014 August 18, 2025 Page 6 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. 11. 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. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. GRADING Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 2. DRAINAGE Drainage shall be provided to the satisfaction of the Director of Public Works. Hydrology and pre- and post -development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. Additional comments will be provided and shall be incorporated prior to Building Permit approval. 3. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 5,000 S.F. or more of impervious surface, collectively over the entire project site. The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, Resolution No. 153 ASA-2024-014 August 18, 2025 Page 7 unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan and a Storm Water Facilities Operation, Maintenance and Easement Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 4. IMPROVEMENT AGREEMENT The project developer shall enter into a Improvement agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, transportation impact fees, park dedication fees and fees for under grounding of utilities. Said agreement and fees shall be executed and paid prior to issuance of the Building permit. Fees: a. Checking & Inspection Fees: Per current fee schedule ($10,729 or 6% of improvement costs) b. Grading Permit: Per current fee schedule ($4,891 or 6% of improvement costs) c. Storm Drainage Fee: Per current fee schedule ($12,344 per AC based On limits of work area) d. Storm Management Plan Fee: Per current fee schedule ($2,217) Bonds: a. Faithful Performance Bond: 100% of Off -site and On -site Improvements b. Labor & Material Bond: 100% of Off -site and On -site Improvement c. On -site Grading Bond: 100% of site improvements. The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 5. SURVEYS A Boundary Survey and a horizontal control plan will be required for all new construction to ensure the proposed MEP will be set based on the boundary survey and setback requirements. Resolution No. 153 ASA-2024-014 August 18, 2025 Page 8 6. UNDERGROUND UTILITIES Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. 7. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 8. EROSION CONTROL PLAN Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 9. WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1. KNOX KEY BOXES/LOCKS WHERE REQUIRED FOR ACCESS Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for lifesaving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The Knox Key Box shall be a of an approved type and shall contain keys to gain necessary access as required by the fire code official. Locks. An approved Knox Lock shall be installed on gates or similar barriers when required by the fire code official. Key box maintenance. The operator of the building shall immediately notify the fire code official and provide the new key Resolution No. 153 ASA-2024-014 August 18, 2025 Page 9 when a lock is changed or re -keyed. The key to such lock shall be secured in the key box. [CFC Sec. 506]. PASSED AND ADOPTED this 28th day of August 2025 at a noticed Public Meeting of the Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section 19.12.120. ATTEST: \ APPROVED: Gian Martire Luke Connolly Senior Planner Administrative Hearing Officer