CC Resolution No. 13-083 General Plan Amendment (GPA-2011-03), Apple Campus 2RESOLUTION N. 13 -083
F THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A. GENERAL PLAIT AMENDMENT TO ALLOW A CHANGE IN THE LAND
USE DESIGNATION OF A 1.1 ACRE AREA FROM PARKS AND OPEN SPACE T
INDUSTRIAL/RESIDENTIAL TO BE REFLECTED IN THE LAND USE MAP AND VARIOUS
FIGURES AND TABLES, THE ELIMINATION OF A SEGMENT OF PRUNEIID E AVENUE
FROM VARIOUS REFERENCES AS A.1 MINOR COLLECTOR AND BIKE LANE TO REFLECT
THE CLOSURE AND VACATION OF THIS SEGMENT OF THE STREET, THE POTENTIAL
RELOCATION OF GLENDENNING BARD 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 I SLOPE LINE FROM THE CURB LINE,
CHANGES ASSOCIATED WITH THE DEVELOPMENT OF THE APPLE CAMPUS AN
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 W LFE ROAD INCLUDING PROPERTIES LOCATED ON
THE EAST SIDE OF NORTH TANTAU AVENUE
SECTION 1: PROJECT DESCRIPTION & RECITALS
Application Nos .: PA- 2011 -03 (EA-2011-12)
Applicant: Apple Inc. Dm-t Whi e unt
Owner: Apple Inc.
Location: Area bourad.ed by East Homestead Road, North. Tartan Avenue, 1 -280,
North Wolfe Road indudmffig properties located on the east side of North
Tantau Avenue APN Nos. 316 06 033; 316 06 038; 316 06 039; 316 06 045;
31.606046; 31606048; 31606049; 31606050;31606051;31.606052;316
06 053; 316 0' 044; 316 07 045; 316 07 046; 316 09 019; 316 09 027; 316 09
028; 316 18 012; 316 18 025; 3161 026; 316 18027;31618035)
Subject: Amendment to General Plan to accommodate the development of a
3,789,000 s.f. are office, research and development campus and related
development.
WHEREAS, the City Council of the City of Cupertino received an application Application no.
GPA-- 2011 - 3 for a General Plan Amendment as described. in Section I of this Resolution,
commonly referred to as the "Apple Campus 2" project; and
WHEREAS, the Application for General Plan Amendments are for amendments required for
fl-te .Apple Campus 2 Project, which consists of demolition n of all existing structure within* e
project site, vacation of a portion. of Prunerid e Avenue and vacation of various pudic
easeirtents, and the construction of 3,420,00 square feet of office, research, and development
uses; 245,000 square feet of auditorium, fits -.ess center, and valet ParU-ig Reception uses; 92,000
square feet of utility plants; and parking and ancillary b ildni 1 s sud-1 as security r ceptiol't
areas and landscape maintenance build.mn s , of which t1le proposed buildm*gs are designed to
Resolution No. 13-083 CPA-2011-03 October 15, 2013
Page -
be energy efficient and to use renewable energy (h-tcluding energy produced on site via
photovoltaic infrastructure and fuel cells), all as fully described and analyzed in the June'
2018
Apple Campus 2 Project Enviromnental Impact Deport ("Draft EIR") " (State Clearinghouse No.
2011082055), as amended by text revisions in Chapter Iv of the September 2018 Apple Campus
2 Project EIR response to Conunents Document ("'Response to Comments Document"
(collectively, the Final EIR; and
WHEREAS, the Final EIR. Was presented to the City Council on October 1, 2013 at a JoM*t
Planning Commission and City Council Study Session; and
WHEREAS, the necessary public notices have been. given as required by the Procedural
Ordinance of the City of Cupertino, and the Plaru- ng Commission held a public hearau -Ig on
October 2, 2013 in regard to the applications; and
WHEREAS, the Plannir�g Commission geld a public he ril�g and voted 4 -0 -1 1- recusal to
recommend that the City Council approve Findings Revision #1 (October 1, 2013) to adopt
Mitigation Measure TRANS -2 (Alternate),, as amended to delete the penalty provisions, to
allow three left turn lanes out of the project driveway on to N. Wolfe Road, a Resolution
R commendir -tg Certification of an Environmental Impact Report (EIR), adoption of Findings
and a Statement of Overriding Considerations, adoption of Mitigation Measures, and adoption
of a Mitigation Monitoring and I eportmng Program in substantially similar form to the
Resolution, as amended Resolution no. 6727); Approve the General flan. Amendment, GPA-
2011 -0 , in substantially similar form to the Resolution presented (Resolution. no. 6728):
Approve the Zoning Map Amendment, Z-2011-03, in substantially similar form to the
Resolution presented (Resolution o. 6729); Approve the Vesting Tentative Map, , TM- 2011 - , i-n
substantially sirruilar form to the Resolution presented Resolution no. 6732) ; Approve the
Development Permit, DP-2011-04, Use Permit, U- 2011 -11, Architectural and Site Approval,
ASA-2011-14 and Tree Removal Kermit, TR-2011-39, in substantially similar form to the
Resolution presented Resolution no. 6731); and Approve the Development Agreement, DA-
2011-011, in substantially similar form to the Resolution presented. (Resolution no. 6730); and
WHEREAS, Supplemental Tent Revisions, Apple Campus 2 Project Final Environmental Impact
Report, which is part: of the Final EIR, identifies a third alten -lative mitigation measure for
Impact TRANS-23, a third alternative l itigation measure for Impact TRANS-27, and discloses
recent amendments to Chapter 6.5 of Division 13 of the Public Resources Code; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of upertir -.o, ar -id the City Council held a public hearh -tg on October 15,
2013 7n regard to the applications; and
WHEREAS, , after consideration of evidence contain* ed in the entire admMi l'strative record, at the
public earn -ig on October 15, 2018, the City Council adopted Resolution No. 13-082 certifying
the EIR, adopting Findings and a Statement of Overriding Consider ations, adopting Mitigation
Measures, and adopting of a Mitigation Monitoring and Reporting Program.
NOW, THEREFORE, I E, EE IT RESOLVED:
That after careful consideration of the., maps, facts, exhibits, testimony, public comment, and
Resolution No. 13-083 GPA-2011-03 October 15, 2013
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other evidence submitted In this matter, the City Council approves Application Number PA-
011 -03 based upon the fir -idings described in Section II of this resolution, the public hearing
record and the I elutes of Planing Commission Meeting of October 2, 2013, and subject to the
conditions specified ire Section III of this resolution.
SECTION II: FINDINGS
The proposed project necessitates the need for amendments to the General Blare In the followi-rig
areas of the General. Plan:
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 Parrs and Open Space to
Industrial /Residential . ial /Residential an amendments to associated figures to reflect this change.
2. A_n amendment ent to Figure -G, u ert .o`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 -B, Bikeways, rs, to remove the Pruneridge Avenue bicycle lane
and to reflect bile facilities on Bast 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 el nh-late a portion of the street segment
between North Wolfe Toad and North Tantau Avenue.
4. Amendments to Policy 2-35, Vallco Part 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 to the setback ratio for North Tantau Avenue between Stevens Creek
Boulevard and Homestead Toad from, x..5:1 to 1;1 to allow the flexibility related to an
identified mitigation measure to add a southbound right --turn lane on North T'antau.
.Avenue to Stevens Creek Boulevard.
6. .Adjustments to other General Plan figures to reflect the removal of Prue -teridge .Avenue,
the removal of the Parrs and Open Space designation from the site and the relocation of
Glendem -ig Barn.
General Ilan Change .I - Pail land. Designation Change
The applicant shall either pro ide suffieient funds for the acquisition of 1. acres of property by the City
forfuture park development and fund park improvenients and long terni maintenance of the park orfund
pay #ic improvements and long term maintenance of the par1c and agree to purchase .mess 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
TR s lution No. 13-083 GP - 2011-03 October 15, 2013
Page -
publicly accessible. This obligation of the applicant to provide either funds or parkland would adequately
offset the loss of the designated t r and open space area in the General Plan.
General lax-L Change 2 — Glendennimzr Bam
Currently, 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 with the applicant providing the City with sufficient icient funds to ensure appropriate
relocation and preservation of the locally designated historic structure at an offsite location.
General Plant Change 3 — Prurier acation
Pruneridge Avenue as it exists currently through the site will be vacated and terminate approximately
650 feet east of the intersection of N. Wolfe Road and Pruneridge Avenue and at the intersection of
Pruneridge Avenue and N. Tantau Avenue on the west. This will change the circulation patterns in the
area. However to offset this loss of u teridge Avenue, the pedestrian and bicycle environment around
the perimeter of the site and beyond shall be improved to facilitate easier pedestrian and bicycle circulation
in the area. Traffic which currently utilizes Pruneridge to enter the project site will be directed to project
entrances on N. Wolfe Road and N. Tantau Avenue while through traffic on Pruneridge will be diverted
to alternative routes such as Homestead Road and Vallco Parkway, both of which will be enhanced by
improvements proposed with. this proiject.As confirmed by Resolution No. 6728 adopted by the Planning
Commission, with these General Flan Amendments, the street vacation and any disposition of the land
underlying the area subject to the vacation is in conformity with the General Plan.
General Flay C1ia e Vail o Park N rtli Policv _ -
This portion of the General Flan will be changed to reflect the new uses of the site encompassed by the
Project and the Development Agreement e nt present to the City Council. This portion of the General Flan
will eliminate references to a past property owner in this Special Center P and a . e e op lent
Agreement that was associated with it.
General Plan Cha1-t e 5 - Setback ratio Change for Nortl-I Tantau Avenue between Stevens
Creel Boulevard and Homestead Road
d
Mitigation Measures proposed to improve traffic circulation include the provision of a through lane in the
northbound direction on N. Tantau Avenue between Vallco Parkway and Stevens Creel Boulevard. This
will involve property acquisition, and therefore, ore, r ay render a previously legal conforming building, legal
non-confornilng. In order to accommodate the mitigation Measure without making ing 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 Plant Chala e 6 — Otlaer General Plan Comes
Additional General Plan changes will be made to ensure internal consistency within the document and
various figures and tables to reflect the charges discussed above. here charges are supported by the
findings listed below.
Resolution No. 13-083 GPA-2011-03 October 15, 2013
Page t
These General plan Amendments "Amendments" are necessary to cc mmodate 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 clmuunity 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 Mn order to offset the impact upon p d st ;ians 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 mini- i e the number of
single occupant vel -dcles driving to and from the site. The Project includes traffic initigation
measures designed to reduce fhe impact upon the neighborhood, fhe City and the surrounding
and affected communities. Additional traffic enhancements and improvements have been
included to ininimize the impact upon the coiTtmunity and the surrounding colTanunities and
adjacent roads or freeways.
SECTION III: INDEMNIFICATION
To the extent permitted by law, the Applicar -it shall indemnify and hold harmless the City, its
City Council, its officers, employees and agents (the "inde .nified parties" ) from and against
any claim, action, or proceeding brought by a third pare against the indenuiified parties and
the applicant to attach, set aside, or void this Resolution or any permit or approval authorized
hereby for the project, includir -ig (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 net otherwise employed as City staff and shall .include
City Attorney time and overhead costs and other City staff overhead costs and arty costs
directly related to the litigation reasonably M* curred by City. If Applicant and the City cm not 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 Enviroranental Impact Deport for the Subdivision was prepared in accordance with the
California Environmental Quality Act C QA , Public Resources Code Section 21000 et seq.
P solution Igo. 13-083 PA- 2011 - October 15, 2013
Page
DABBED AND ADOPTED at an A joume d Regular Meeffilg of the City Council of the City of
Cupertino the 15th day of October 2013, by the following roll call vote;
Vote: Members of the City Council:
AYES:
Mahoney, Fong, Chang and Santoro
NOES:
None
ABSTAIN:
None
ABSENT:
None
ICE CSE:
shiks
ATTEST:
c
Grace Schmidt ((� " °f �•—j _�
City Clerk
APPROVED:
Orrin Mahoney
Mayor, City of Cupertino