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CC Resolution No. 13-084 Development Permit (DP-2011-04), Use Permit U-2011-11, Architectural and Site Approval ASA-2011-14, Apple Campus 2RESOLUTION NUJ. 1 -084 F THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF APPROXIMATELY 2.661 MILLION SQUARE FEET OF EXISTING OFFICE, RESEARCH AN DEVELOPMENT BUILDINGS AND THE CONSTRUCTION OF 3.42 MILLION SQUARE UARE FEET F OFFICE, RESEARCH AND DEVELOPMENT ENT BUILE INNS; 120,000 S IFT. (1,000 SEAT) CORPORATE AUI IT RIU1 ,100,000 SQ.FT. CORPORATE FITNESS CENTER, AND 25,000 SQ.FT. VALET PARKING RECEPTION USES; 92,000 SQUARE FEET OF UTILITY PLANTS; AND ASSOCIATED PARKING FACILITIES AND ANCILLARY BUILDINGS (SUCH AS SECURITY RECEPTION AREAS AND LANDSCAPE SCA.PE MAINTENANCE BUILDINGS); USE PERMIT TO ALLOW A CORPORATE AUDITORIUM AND FITNESS CENTER. AT A NEW OFFICE, RESEARCH AND DEVELOPMENT PI ENT 1 PUS; I CI IITE TU AL AND SITE APPROVAL TO ALLOW A NEW 2.82 MILLION SQUARE FEET OFFICE, RESEARCH H AN DEVELOPMENT BUILDING WITH 2,385 BASEMENT PARKING SPACES AND A. CAFETERIA, A 5,870 PARKING SPACE STRUCTURED PARKING FACILITY WITH ATTACHED ENTRAL PLAN, A 1,000 SEAT CORPORATE AUDITORIUM,, A FITNESS CENTER, AND ASSOCIATED SITE IMPROVEMENTS INCLUDING INN ACCESS TUNNELS, A SURFACE PARKING LOT, OUTDOOR. DINING AND RECREATIONAL FACILITIES AND LANDSCAPING; TREE REMOVAL PERMIT TO ALLOW THE REMOVAL VAL F APPROXIMATELY 3,710 TREES, OF WHICH, APPROXIMATELY 90 TREES ARE PROPOSED TO BE TRANSPLANTED, AND REPLACEMENT WITH AT LEAST 6,200 TREES TO ALLOW THE CONSTRUCTION OF AN OFFICE, RESEARCH AND DEVELOPMENT CAMPUS 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 SITE OF NORTH TANT U AVENUE Application No (s).: SA -20 ,1. -1 , DP-2011-04, TIC - 2011 - 9, U- 2011 -11 (EA-2011-12) Applicant: .Apple Inc. (Dan Whise u t Owner: Apple h-tc. Location: Area bounded by East Homestead Road, d, North Tantau Avenue, 1-280, North Wolfe Road including properties located n the east side of North. Tantau Avenue APN Nos. 316 06 033; 316 06 038; 316 06 039; 316 06 045; 31606046 ;31606048;31606049;31606050 ;316 06 051 ;81.606052;316 06 053; 316 07 044; 316 07 045; 316 07 046; 316 09 019; 816 09 027; 316 09 028; 31618 012; 316 1.8 025; 316 18 026; 816 IS 027; 31618 035) Subject: Approval of a 3,789,000 sq.ft. office, research md development campus WHEREAS, m--i application was received by the City (Application no. DP-2011-04) for a Development Permit to allow the demolitim of approximately 2.66 million square feet of exisffiig office, research and development build s and the constr ctim of 3.42 million square feet of office, research, axid development buildings; 120,000 sq.ft. (1,000 seat) corporate Resolution No. 13 -084 A A- 2011 -14, DP- 2011 -04, T - 2011 -3 , U-2011-11 October 15, 2013 Pa e- auditorium, 100,000 sq.ft. corporate fitness center, and 25,000 sq.ft. valet parking reception uses; 92,000 square feet of utility plants; and associated parking facilities and ancillary buildings (such as security reception areas and landscape maintenance buildings); and WHEREAS, , an application was received by the City Application no. U- 2011 -11 for a Conditional Use Kermit to allow a corporate auditorium and fitness center at a new office, -research and development campus; and WHEREAS, , an application was received by the City (Application. A .- 2011 -1 for Architectural and Site Approval to allow a new 2,82 million square feet office, researd-I and development building with 2,385 basement parking spaces and a cafeteria, a 5,870 parkh -Ig space structured parking facility with attached central plant, a 1,000 seat corporate auditorium, a fitness center, and associated site i- inprovernents including access to iels, a surface parking lot, outdoor dining and recreational facilities and landscaping; WHEREAS, , application was received by the City Application no. T - -2o11R 9 for a Tree Removal Permit to allow the removal of approximately 4,501 trees, of which, approximately 9 trees are proposed to be transplanted, and replacement with at least 6,200 trees WHEREAS, the Development Permit is required for tl�e 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 a.r i-ng and ancillary buildings (such as security reception areas and landscape maintenance buildings), - f which the proposed, buildings are designed to be energy efficient and to use renewable energy (inciudffig 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 C"'Draft EIR") (State Clear ghou e No. 2011082055), as amended by text revisions in Chapter I of the September 2013 Apple Campus 2 Project EIR Response to Corranents Document (`"Response to Comments Document"') (collectively, the "Final EIR"'); and WHEREAS, the Conditional Use Permit is required to alloy a corporate auditorium -id fitness center at a new office, research and development campus, also fully described and analyzed in the Final EIR; and WHEREAS, , the Architectural and Site ,Approval is required for a new 2.82 million square feet office, research and development buildffig with approximately 2,385 basement parking spaces and a cafeteria, an approximately 5,870 parking ing space structured parkh -Ig facility with attached central plant, a 1,000 seat corporate auditorium, a fitness center, and associated site nuprovernents including access tum -iels, a surface parking lot, outdoor diming and recreational facilities and landscaper -ig, also fully described and analyzed -h-i the Final EIR; and WHEREAS, , the Tree Removal Permit is required to allow the removal of approximately 3,710 frees, of which, approximately 90 trees are proposed to be transplanted, and replacement with at least 6,200 gees to allow the construction of an office, research acid development ca -inpus for the apple Campus 2 Froject also fully described and analyzed h-i the Fir-al EIR and WHEREAS, , the necessary public notices have been given as required by the procedural Resolution No. 1 -084 A A- 201 . -1 , P- 2011.04, T - 20.1 -39, U- 2011 -11 October 15, 2013 Page - ordinances of the City of Cuperth -io and the Government Code, the Finial EIR was presented to the City Council and Plaru'ng Cor nission on October 1, 2013 at a Joint Plamm' -ig Commission and City Council Study Session and to the Plan. -zing Coinmission on October 2, 2013 at a public hearing; and WHEREAS, the necessary public notices have been given as required by the procedural ordft-iai-tces of the City of Cupertino and. the Govem -went Code, and the Plan mg Commission held a public hearing on October 2, 2013 and the City Council held a public hearing on October 151 2013 in regard to the applications; and WHEREAS, based on substantial evidence h-i the ad illistr --ative record, oil October 2, 2013, the Plannir -tg Conu-nission held a public hearil -.g and voted. -0- -1 (1-absent) t to recoira end, that the City Council approve Findffigs 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 I ecom endh -tg Certification of an Environmental Impact Deport EIr, adoption of Findaa -.gs and a Statement of Overriding Considerations, adoption of Mitigation Measures, and adoption of a Mitigation Monitoring and Reporting 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 Z01-Iing Map Amendment, Z-2011-03 , in substactitially similar form to the Resolution presented Resolution no, 6729); Approve the vesting Tentative Map, TM-2011-03,, , ail, Substantially similar f orin to the Resolution presented Resolution no. 6732) ; Approve the Development Permit, DP-2011-04, Use Permit, U-- 2011 --11, Arcl- itectural and Site Approval., ASA-2011-14 and Tree Removal Permit, TR- 2011 - , h-t substantially similar form to the Resolution presented (Resolution n n . 6731); and Approve the Development Agreement, IAA- 2011 --01, 'in substantially similar form to the Resolution presented (Resolution no. 6730); and WHEREAS, Supplemental Text Revisions, Apple Campus 2 Project .Fh-ial Environmental Impact Report, which is part of the Final EII , identifies a third alternative mitigation measure for Impact TRANS-23, a third alternative mitigation measure for Impact TI TS- 27, and discloses ses recent amendments to Chapter 6.5 of Division 13 of the Public Resources Code; and WHEREAS, , a.f'ter consideration ration of evidence contaffie l hi the entire administrative record, at the public hearing on October 15, 2013, the City Council adopted .resolution No. 13 -082 certif trig the EIR, adoptrl -Ig Findings and a Statement of Overriding Considerations, adopting Mitigation Measures, and adopting of a Mitigation Monitoring and I eportir -tg Program. NOW, THEREFORE, BE IT RESOLVED: LVED: Except as otherwise provided, below with respect to tree tree removal permit and those portions of -die Development Permit authori h-tg building demolition, utility relocation work and construction of a temporary r sound wall, this Resolution shall not become effective unless and until City and .Apple have entered it -ite tl:re Development Agreement, and City Council rdh -tance No. 13-2114 approving the Development elopment greement and City Council r il.-Im ce No. 13-211.3 approvhIg the Re nut lg of an approximately 1.1 acre area from Park and Recreation PR -to Plan ned Industrial Park (P (MP)) located. at APP 316 06 050 and 316 06 051 have become Resolution Igo. 13 -084 A A- 2011 -14, DP-2011-04, T u 011- 9, U- 2011 -11 October 15, 2013 Page -4 effective. U-ie tree removal permit and those portions of the Development Permit authorizing b ildhag demolition and utility relocation wort shall become effective on the day followiiag the second reading of City Council Ordinance No. 13 --2114 and City Council Ordinance loo. 13 -2113, and shall remain in effect regardless of whether City and Apple eater into the Development Agreement or whether City Council Ordinance No. 13 -2114 or City Cotuacil Ordinance No, 13- 113 become effective. Those portions of the Development Permit authorizing construction of a temporary sound gall shall become effective 10 days following the date of adoption of this Resolution. After careful consideration of the, snaps, facts, exhibits, testimony and other evidence submitted ha this matter, the City Council hereby approves Application Nos. ASA- 2011 -14, DID - 2011 -04, TI - 011 -39, U-2011-11 based upon the findings described in Section II of this resolution, the public hearing record, the M -Lutes of Planning Commission Meeting of October 2, 2013 and the City Council Meeting of October 15, 2013, and subject to the conditions specified. zn Sections III and I of t1 -tis resolution. SECTION II; FINDINGS A. DEVELOPMENT PERMIT APPLICATION NO. DID - 2011-04 i 1. The proposed development at the proposed location win not be detrimental or miurious to property or improvements in the vicinity, and will not be detrimental to the pubhc health, safety, general welfare or convenience; The Project is designed to minimize e the impact upon the surrounding community and the environment. In order to reduce its impact on the environment, the .project will utilize onsite photo of alas and fuel cells and obtain the remainder of its energy needs from the State of Californ i Direct Access Program, off -site Apple-owned renewable energy projects or grid-purchased renewable energy. The Project has been designed to incorporate passive heating and cooing in the main office building which will use ambient air. This will reduce the use of mechanical cooling w al ing for a more efficient and better work environment. T e project has been designed to rniuh i e its inlyact upon the neighbors, adjacent roads and freeways and the environm e . Appropriate � e mitigation measures to address traffic impacts along with the adoption of an aggressive but achievable Transportation Demand Management Flan will further reduce the traffic impacts of the project. Adequate buffer has been provided around the project to allow privacy and to reduce impacts o neighbors. The site has a Corporate Fitness Center which would enable employees to attend to their general health and incorporates zany jogging trails and an ors -site Mice 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 l sc ped green space to over 100 acres. The landscape design of meadows, and woodlands will create an ec l gi affiy rich oak savanna reminiscent of the early Santa Clara Valley. It wi Resolution No. 13 -084 A A- 2011 -14, DP- 2011 -04, T - 2011 -3 , - 2011-11 October 1 , 2013 Page -5 facilities furthering sustainability principles. The project proposes to add at least 1,700 additional trees to the site and increase the pervious surface areas on site significantly improving stormwater quality and reducing run -off. Site ac'c'ess has been designed to consolidate entry and exit in order to reduce conflict with pedestrian and bicycle activity and is directed away ftom the residential neighborhood. Adequate emergency access has been provided on site. The design of the Project and its environmental attributes are not detrimental to the health, safety, Peace, morals and general -elf acre of persons 7 -,esi ing- or working in he neighborhood of ` the subject parcels. 2. n-.e proposed development wiH be located and conducted in a 1 ami r in accord wid-i the Cupertino Comprel -ten ire General Plan, underlyllig zoning regulations, the purpose of this title and complies with ffie California Enviroranental Quality Act . The majority of the site is designated Industrial Residential in the General Plan Land Use Map, which allows, among other uses, research and development and supporting uses. The Zoning designation for most of the site is Planned De e o e t (Planned Industrial Par M , which similarly allows, among other uses, research and development and supporting uses. The Planned Development district allows the City flexibility to approve project specific development standards different t f the standards outlined in the .honing regulations for the site. A small portion of the project site is currently designated for use as a public park in both the General Flan and Zoning; however, the concurrent General Plan Amendment and Rezoning of a portion of the site will ensure that the project is in compliance with the General Plan and the Zoning regulations governing the project site. The project furthers many General Plan policies, notably, General Plan Policy 2 -44: Maintaining Cohesive Commercial Centers and Office Paris which states that "Cohesive commercial centers and office parrs are necessary to maintain a healthy sales tax base for the city and to retain opportunities for existing businesses to expand in response to clanging business tren s. " The same General Plan policy goes on to state " ..... the office parrs are located at Vallco (North of Highway 280),....." The Project also promotes: Policy 2- maintaining the vitality of business and manufactu ring), Policy . -2 , Strategy (diversity of land use, major companies), and Policy 2-42 (revenue analysis of office de elopments )..Finally, the project also proposes to male improvements ents for the alternate Calabazas Creels trail furthering Policy 2-73, Trails. Theye ore, the proposed development substantially conforms to the General Plan and is substantially consistent with the underlying Zoning. As described in the CEQA approvals, the Project has mitigated most impacts within the City of 4 Cupertino to a level of less than significant. Those impacts that cannot be mitigated to a level of less than significant ican.t will be mitigated to the extent feasible. Additionally, where there are impacts at locations outside the j Resolution Igo. 13 -08 A A- 2011 -14, DP- 2011 -04, TIC - 011-39, U- 2011 -11 October 15, 2013 Page-6 certifying Environmental Impact Report for the Apple Campus 2 project; and Adopting the Findings and a Statement of Overriding Considerations, Mitigation. Measures, .d a Mitigation Monitoring and Reporting Program, the project complies with C QA. B. CONDITIONAL USE PERMIT (APPLICATION NO. U-2011-1D: 1. Tlie proposed use, at the proposed location, will not be detrimental or ii-iJ rious to property or improvements in the i xt , and will not be detrimental to the public health, safety, general welfare, or convenience; The Project proposes to add a 1,000 seat Corporate Auditorium and Corporate .fitness Center. The applicant would use the Corporate Auditor #ium for product launches and other events with up to 350 invited guests. The availability of a Corporate Auditorium as an ire -house amenity to the employees in an office campus is fairly common. For these reasons, the City finds that the Corporate uditorium 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. Additionally, the provision of a Corporate Fitness Center is another fairly common amenity for employees. The availability of the Corporate Fitness Center on site would allow employees to stay on campus and visit a physician reducing the number of trips to and from the campus, reducing vehicle miles travelled in general and reducing traffic in the general vicinity. Finally, the availability of gyre on campus will generally benefit employee health and general e�fare. For these reasons, the City finds that the that the Fitness center will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general we�fare, or convenience. Both of these amenities have been designed to minimize impacts upon the public and will contribute to enhanced general welfare and convenience by allowing the consolidation of many of Apple's employees in one location. 2. The proposed use wiH be located and conducted in a maw -Ler in accord with the Cuperthio Comprehensive General Plwi, underlying zoning regulations, and the purpose of fl-.s title and complies with the California Environmental Quality Act CE A. . The majority of the site is designated Industrial Residential in the General .flan Land Use Map, which allows, among other uses, research and development and supporting uses. Die Zoning designation for most of the site is Planned Development t (Planned Industrial Par M , which similarly allows, among other uses, research and development and supporting uses. The .Manned Development district allows the Cite flexibility to approve project ect specific development standard s di erent ftom the scan ar s o utlined in the Zoning re u lations for the site. A small portion of the project site is currently designated for use as a public park in both the General .flan and Zoning; however, the concurrent General Plan A nendrr ent and .rezoning of a portion of the site will ensure that the project is in compliance with the General Flan and the Zoning regulations governing the project site. The provision of these two in -house amenities allows the development of a unified and consolidated corporate office, research and development campus. The project, as a whole, furthers many General Plan policies, notably, General Ilan .policy 2 -44: Maintaining aining Cohesive Commercial Resolution No. 13-084 A A -2 11 -1 , DP-2011-04, T - 2011 - 9, U- 2011 -11 October 15, 2013 Page-7 Centers and ffr'ce Pal #1 s which states that "`Cohesive commercial centers and office parrs are necessary to maintain a healthy sales tax base for the city and to retain opportunities for existing businesses to expand in response to changing business treads. " The same General .flan policy goes on to state " ..... the office parks are located at Vail o (North of Highway 2 0 ),. . 6 41" The Project also promotes: Policy 2--40 (maintaining the vitality of business and manufacturing), policy 2-20, Strategy 3 (diversity of land use, major companies), and .Policy 2-42 (revenue analysis of office developments), In addition to research and development and supporting uses being allowed by the underlying zoning of the properties, auxiliary or ancillary uses may be permittedfor uses that are an essential part of the operations of the use and or recreational uses. Since the Corporate Auditorium is in enr ed or use for product launches for products developed at the cans, this is considered essential use, while the Corporate .Fitness Center is considered to be a recreational use. Wherefore, both these uses comply with zoning regulations. While the .Final EIR identifies mitigation measures for the project as a whole, it does not identify specific significant Ccan impacts resultingftom the development of these two in -house amenities alone. As described in the CEQA approvals, the Project has mitigated most impacts within the City of Cupertino to a level of " less that si ni flca t, Those impacts that cannot be r g � ated o a level o less than significant will be mitigated to the extent feasible. Additionally, where there are impacts at locations outside the jurisdiction of the City of Cupertino, feasible mitigation measures have been identified which will reduce impacts to less - than - significant. However, since the approval of the mitigation measure is subject to the approval of an agency other than the City of Cupertino, the City cannot guarantee the construction of the mitigation measure. In these cases, the .Final .SIR requires that Apple diligently pursue approval of such mitigation measures and provide funding, but due to the possibility that the measures might not be implemented, it finds that the impacts are significant and unavoidable. All feasible mitigation measures have been adopted and made condition of project approval. As set out more fully in the Resolutio n of the City Council of the City of Cupertino certifying An Environmental Impact Report for the Apple Campus 2 project; and Adopting the Findings and a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring and Reporting .grogram, the project complies with CEQA C. ARCHITECTURAL ITECTURAL .AN SITE APPROVAL (APPLICATION NO. ,A -201. 1. TI-te proposal., at tfie proposed location, will not be detrimental or 11"Jurious to property or improvements in t .e vichifty, and will not be tar nei -ita1 to the public h altft, safety, general welfare or convenience; The Project is designed to minitni. e the impact upon the surrounding coin unify and the environment. In order to reduce its impact on the environment, the Project will utilize onsite photo oltaics and fuel cells and obtain the remainder of its energy needs from the State of California Direct Access Program, n, off =site Apple -owned renewable energy projects or grid - purchased renewable energy, The Project has been designed to incorporate passive heating and cooling in the main office building which will use ambient air. This will reduce the use of m c anical cooling makingfor a more efficient and better wort environment. The project has been designed to rnininii, e its impact upon the Resolution No. 1 -0 4 A Aw 011 -14, DP- 2011-04, T -20 .1- , - 2011 -11 October 15, 2013 Page-8 neighbors, adjacent roads and freeways and the environment. Appropriate mitigation measures to address traffic impacts along with the adoption of an aggressive but achievable Transportation Demand Management Flan will further reduce the traffic impacts of the project. Adequate buffer has been provided around the project to allow privacy and to reduce impacts to neighbors. The site has a Corporate Fitness Center which world enable employees to attend to their general health and incorporates many jogging trails and an on -site bile 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. The landscape 'ape esi t o f meadows, and woodlands will create an ecologically rich oak savanna reminiscent of the early Santa Clara Valley. It will incorporate both young and nature trees, and nature and drought tolerant plants, that will thrive in ,Santa Clara County with minimal water consumption. In addition, the project includes some orchard ftuit trees, the fruit ftom which will be used at the on -site dining facilities furthering s stai na ill y principles. The project proposes to add at least 1,700 additional trees to the site and increase the pervious surface areas on site significantly improving stormwater quality and redwing run -o ff. Site access has been designed to consolidate entry and exit in order r to reduce conflict with pedestrian and bicycle activity and is directed away ftom the residential neighborhood. Adequate emergency access has been provided on site, The design of the Project and its environmental attributes are not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of'the subject parcels. 2. The proposal is consistent with the purposes of this chapter, the General Plan, any specific play., zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision reaps or other eiifitlemerits entitlements to use wfucti regulate ffie subject property iia l . in , but not limited to, adhererice to the following specific riterm: The concurrent General Plan. Amendment, Rezoning of a portion of the site, Development Pernlitfor the project, Vesting Tentative Map, Development Agreement and Conditional Use Permit for the Corporate Auditorium and the Corporate Fitness Center will ensure that the project is in compliance with the General Flan and the Zoning regulations governing the project site. The project, as a. whole, furthers many General .Plan policies, notably, General Ilan Policy 2-44: Maintaining Collesive Commercial Centers and Office ,Pars which states that ",Cohesive commercial centers and office parks are necessary to maintain a healthy sales tax base for the city and to retain opportunities for existing businesses to expand in response to changing business trends. " The sane General .Plan policy goes on to state " ..... the office parks are located at Vallco (North of Highway 280),.....'-' The Project also promotes: Policy 2 -4 (maintaining the vitality of business and manufacturing), Policy 2 -20, Strategy 3 (diversity of land use, major or cor pa .ies ), and Folic 2-42 (revenue analysis of office developments). Finally, the project also proposes to mace improvements ents for* the alternate Calabazas Creek trail furthering Policy 2 -73, Tralls. Therefore, the proposed development substantia ly conforms to the General ,Plan and is substantially consistent with the underlying Zoning. the architecture of the proposed project particularly furthers General plan Policy 2-14: Attractive Building and Site Design "by careful attention to building scale, muss and placement, architecture, materials, landscaping, screening of equipment and loading areas and related design considerations. "The project design incorporates several of the strategies included in this General .Plan Resolution n Igo. 13-084 A A- 2011 -14, DP- 2011-04, T - 2,011-39, - 2011 -11 October 15, 2013 Page-9 Policy including articulation and segmentation of wall and roof planes, visual openings in the wall plane, appropriate setbacks and hierarchical landscaping. In addition, the project incorporates the use Of natural materials in the Fitness Center. Most of the parking for the project is provided in structured paring that is located underground or on the portion of the site that is least visible from City Streets. a. Abrupt changes in building scale should be avoided. A gradual transition related to height alid bull should be achieved between new and existing build ft-Ig . The .project will involve the demolition of all the existing buildings on the site and the construction of new buildings. The buildings approved with this Architectural and Site Approval all meet the height restrictions of the General Flan. The primary structure is one height and is designed to not be visible from surrounding properties. The entire site is being re- graded to ensure that there is a level pad for the first floor of the main building and the underground parking. With this change, the main building will be the same height. The main building, which is the primary structure, will be minimally ly visible ftom surrounding properties due to the proposed setback, berms and landscaping around the perimeter of the property. The Corporate Fitness Center will be minimally visible from the street due to the proposed setbacks, berets and landscaping a- round the perimeter of the site. A very small portion of the Corporate Auditorium will be visible above grade. Most of the Corporate Auditorium will be located below the re- graded site. The Main Parking S tructu re will be located along 1-280 and behind a 8 to 12 foot sound wall and screened by landscaping, making it minimally visible. In addition, the structures will be minimally visible from surrounding properties due to the proposed setbacks, beans and landscaping around the site. . In order to preserve design harmony between new and e isffiig buildings and in order to preset* -id er ian e property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and with the future character of the neighborhood m-td purposes of the zone in which they are situated. The location, height and materials of galls, f ndia , hedges and screen lant g should harmonize with adjacent development. Unsightly storage areas, utility h-istallations and Unsightly elements of part g lots should be concealed. U-te planting of gro -Id cover or various hypes of pavements should be used to prevent dust and erosion, and the uimecessary destruction of existing healthy trees should be avoided. Lighting for de elopinent should be adequate to meet safety requirements as specified by the engineering and building d.eparti .eats a-rid provide shielding to prevent spillover light to adjoining property owners. The primary office building will be minimally visible frorn the adjacent development and thus will preserve the design harmony in the area. The project proposes to demolish all existing buildings and structures on the site and convert an outmoded business park into a world -class corporate carpus Faith a significant increase in open space and pervious surface. The property values in the adjacent area will be maintained or enhanced by the visible open space at the site. The walls, Resolution No. 13-084 A A- 2011 -14, DP-2011-04., TR- 2011 - 9, U- 2011 --11 October 1 , 2013 Page-10 fencing, hedges and screen planting have been designed to minimize the impacts upon adjacent properties and to be aesthetically pleasing. Storage areas and service buildings will be shielded from view or set sufficiently tl bed f ors the property line to not be visible. Permeable sur face area has been increased greatly on the site in order to increase open space. The destruction of healthy trees has occurred, but will be replaced by ore trees than are removed. The lighting for the development has been designed so as to not spill over onto adjacent properties. In addition to the construction of large beans, mature trees are being retained along the perimeter of the site and several large trees are being planted and others being transplanted to the perimeter of the site to ensure that there is no glare and light from the development. . The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards M-1d shall positively affect the general appearance of the neighborhood and harmonize with adjacent evelop m t. The Project approval does not propose any signage and therefore this finding does not apply to this project. o ez) r, Apple will file separate signage permits in the future which will be reviewed, in order to minimize i ipact upon traffic, the general appearance of the neighborhood hod and harmonize with adjacent development. d. With respect to new projects within e isth-ig residential neighborhoods, new development should be designed to protect residents fr in noise, traffic, light and visually U- .tru.sive effects by use of buffering, setbacks, s, landscaping, walls and other appropriate design. measures. The Project is designed to minimize impacts upon adjacent neighborhoods by the use of berms, tree planting and extensive setbacks to minimize e the visibility of the main building and to ensure that light and glare do not spill onto adjacent development. The parking structures are located at the southern edge of the property and will be minimally visible only fi-om the freeway. Large landscaped buffers are being proposed along the shared property Bites while the buildings are setbadc significantly from residential developments. In addition, automobile entrances are consolidated into two locations which will direct traffic away from the residences. As described in the EIR, operational noise levels will be minimal due to bout the setbacks and the nature of the operations and construction noise will be mitigated through the construction of temporary soundwall during construction.. D. TREE REMOVAL PERMIT (APPLICATION NO. TR- 1 1: - ; 1, The location of the trees restricts the ecoi-tomic enjoyment f the property by severely 1h iting the use of property In a 1 amier not typically experienced by owners of s =larly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). The applicant is proposing- the removal of approximately 3,710 trees,, including the relocation of trees within the proposed project. The trees are part of approved landscape design for existing Resolution lution Igo. 13 -084 A A -20 .1 -1 , P- 2011 -04, T - 2011 - 9, - 2011 -11 October 15, 2013 Wage -11 buildings and parsing lots. Since the buildings and paring lots will be demolished with this project, the trees would be located in buildable areas. Retention of these landscape trees in their current location would significantly restrict the ability to redevelop the property in a manner that diF ff rs from the existing configuration of buildings and pai*ing lots, The removal of tree trees is necessary to allowfor the develo ment o a project that makes use of the existing site more efficiently, Further, the Project will result in a significant increase in the number of trees, including more native and drought tolerant trees. As a part of the project, the project proposes to save and beep approximately 845 trees in place and transplant approximately 90 trees. The trees removed will be replaced in accordance with the City's Protected Tree Ordinance. Trees planted on site will be considered „protected" per the City's definition of Protected Frees. The consulting arbori t has confirmed that the tree replacement plan proposed by the applicant is consistent with the City's ,protected Free Ordinance requirements. Details of the tree replacements are provided on Wage 7.15 of the plan set. At least 6,200 trees an increase of 1,700 tJA ees over existing) will be planted as replacement for the trees being removed in box sizes varying from 24' box 1- ' diameter) to 132" box +," diameter), and would include some 15 gallon trees. Trees relocated include a Memorial tree dedicated to a former HP employee, a 33 inch ai tree and several large redwood trees that are planted in a grove around the current Glendenning Barn location. Several street trees will also need to be removed with the implementation of the various street improvements proposed and required as mitigations for the project. The number of street trees to be removed shall be reviewed with the approval of street improvement permits and reviewed by the City's Arborist. The replacement of the street trees shah be in accordance with the requirements of Chapter 14. 12, Frees, of the Municipal Code. The tree removals is are required in OJA der to accommodate the development and to create open space and additional permeable surface across the entire development. SECTION III: CONDITIONS OF APPROVAL ADMINISTERED BY THE DEPARTMENTS OF COMMUNITY DEVELOPMENT AND PUBLIC WORKS 1. APPROVED EXHIBITS Tilis approval is based on the plan set dated received September 16, 2013 e n i th -Lg of 159 pages xabelec P -1.00 - PI. 1, P -1.10 - P1.13, PI.19 - P-1.28, P --1.30 - P-1.31, P -1.40 - P -1.41, P-2.00 -2.01/ P-3.10 - P-3.16, P-4.00 - P -4i 1 f P .1 , P-4.20 - P-4.25/ -4a .321 -5.0 P-5.041 P-6.00 P-6.011 P-6.10 P-6.11/ P-7.00 L/ P-7.03/ P-7.10 P-7.16" .16" - . P -8.06/ P- 8.09 P- S. 1 , P-9 s 00 - P9. 0 11 P-9.03 P -9.041 P-1 . P-- 10.03, P-- 11 - T P- 11.04, P- 12. 00 - P- 12.04/ - 13.00, P-1.4.00 .0 P-14.01/ P-17.00 P- 17.021 P-18.001 P -19.00 - P-19.03/ P -19.0 -- 19.11, P-20.0 P-20.01/ -L 1.00/ P-22.001 P-22.031 P-22.041 - 22.10/ P23.001 P-23.501 P-23.52/ P-- 24.00, P- 24.00 -a, P-24.02, P- 24.021 P- 24.051 P- 24.06, P- 25.021 P- 26,001 P - 26.01, P- 2$,00, P30.00, P- 30.01, P-35.00/ P-35.01 ^35.08/ P-40.01. P-40.06 P-41.00 P-41.08/ titled "'Apple Campus 2, Plai -med Development Pere -nit, September 201.3" prepared by Foster + Partners, ARU , OLIN, Kier & Wright, ALTA and Watry Design, hae,; except as ina r be amended wi-d -i redline l-i the pages by the Coiaditions eont ie .M* ttils Resolution. Resolution No. 13-084 ASA.- 201 . -14, DP- 2011 -04, TR- 2011 - 9, - 2011 -11 October 1 , 2013 Page4 2. ACCURACY of THE PROJECT PLANS The applicant /property owner is responsible t verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building share footage, any relevant easements and/or construction records. Minor errors may be corrected if in compliance with the assumptions and supporting data for this approval, subject to the review and approval of the Director of Community Development. However, misrepresentation of property data that is considered major by the Director of Community Development may require additional review by the Planning Commission and/or City Council. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 3. MITIGATION MEASURES AND MITIGATION MONITORING AND REPORTING PROGRAM All of the Mitigation Measures identified in the Final Environmental Impact Report (State Clearinghouse # 2011082055) for the ` }Apple Campus 2 Project EI " certified by the Comxnci.l. on October 15, 2013 are hereby incorporated by reference and included as conditions of approval of this project. The Mitigation Monitoring and Reportiii.g Program (MMRP), attached as Exhibit DP-1, is hereby incorporated and all applicant /property owner obligations described h-i the MMRP are included as conditions of this permit to ensure that the mitigation measures identified in the Apple Campus 2 Project EIR are complied with during project it plernentation and operation. 4. AB 900 CONDITIONS TI. -ie project is subject to conditions pursuant to the jobs and Economic Improvement Through Environmental Leadership Act of 2011 (AB 900). 'These AB 900 Compliance conditions are attached hereto as Exhibit DP-2 and are it -icorporated by reference herein. 5, CONCURRENT APPROVAL The following permits have been approved concurrently with this application: A A- o11- 1 , DA-2011-01, PA- 201 .- 3, TA I- 2011 - 3, Tl - 2011 -- , U- 2011 -11, - 2011 - 03 (EA-2011- 12). 6. DEVELOPMENT IT APPROVAL The applicant shall receive a development allocation of 87,746 square feet from the Vallco Park North Special Center mad 109,93,E square feet from the Major Employers allocation (companies with uperth -to sales offices and corporate headquarters) for a total of 197,681 square feet to construct the structures h- tdicated in the table on the followhag page. Resolution No. 13 -084 A A- 2011 -14, DP-2011-04, Tip- 2011 -39, U- 2011 -11 October 15, 2013 Page -1 Gross Amenity space Area NOffice Allocation Structure Building de�x�ed Y� Del Building Area Area — Space sq. t. Area sq. ft, Entries 112,000 Area of Main Building 2,820,000 walkway in 234,000 21384,000 excess of 7.5 feet Restaurant 90,000 Outdoor Food Stations MOW 00 10,000 Transit Center 51000 41500 500 Corporate Fitness Center 100,000 89,000 11,000 Cor orate Auditorium 120,000 120,000 0 Valet Parking Reception 25,000 20,000 5,000 Maintenance Buildings MOW 10,000 0 Security Receptions 7,000 71000 0 Central Plat 50,000 50,000 0 Vase 2 -� Office, Testing has Research and 6001000 aechoic 100,000 00 4801000 Development chambers Restaurant 20,000 Phase -� Satellite Plants 421000 North Plant 12,00 0 South Plant 301000 TOTAL 3,r789,000 908,500 2,r88Of5OO Conversion of Amenity Space to office space shall require an application for development allocation. The effective date of the Development elopment er mit is the effective mate of the Development Agreement. 7. PHASING The project is approved to be developed iii multiple phases. Construction phasing shall be as folios: a. Phase 1: Uie first phase of construction shall inclu de the construction of the mails building, the corporate fztdi ss center, the corporate auditorium, the i .ar arkh -i garage with attached central plant, the North Ta.ntau parking garage includii-Ig valet parking receptx.on, fah -itenance faculties, outdoor l h-t ; stands, security reception areas and all public improvements identified, required and propose d wztlifi-t the City's right of way. . Phase 2 : The subsequent phases of construction (Phase 2 ) shall include the construction of the remarnui lg bulldi,Igs on the east side of N. Tantau Avenue south Resolution No. 13-084 - 2011 -14, DP-2011-04, T' - 2011 - , U- 201.1-11 October 15, 2013 Page-14 of Prunerldge .Avenue and the buildings proposed on the west side of N. Tantau Avenue between the Calabazas Creek and I -280. However, if the bulld.fx -.gs are built at different ties, adequate parkhag has to be provided for each bulld.mg, upon completion of construction and as approved. SUBSEQUENT APPROVALS Any structures /project elements that were not specifically designed /approved with this project, shall be subject to a separate application and process as outlined in the Development Agreement. Examples *include additional build, -tgs, rnah -ttenance f acilifies, accessory structures and w1reless facilities. 9. ARCHITECTURAL Al SITE APPROVAL Architectural and Site .Approval is granted for the main building, the main part h-ig structure, the auditorium, and the fitness center and the associated site improvements. Building permits for the North Tantau parking garage, including the valet reception building, outdoor dining stands, the security receptions and the maintenance facilities and the Phase 2 portion of development shall be issued upon the approval of separate Architectural and Site Approval applications subject to the Development Agreement. 10. PHASE 2 BUILDING ENVELOPE The Building Envelope approved for Please 2 parcels are as follows: Front Setback min. ■ 15' _ I J slope line on N. Tantau Avenue a. s amended by GPA-2011-03) Street Side Setback (min.) w 15' Interior Side Setback (ruin.) ■ 25" ■ Adjacent to residential zones - 100' ■ For parcels north of Calabaas creek and side yard adjacent to residential parcels - build i gs taller than 16' shall have a setback of 150' Setback from Creek ' Subject to requirements of the Streamsid.e Modification Permit under Municipal Code Chapter 19.19, Water Resources Protection Rear setback (min.) w 25' K Adjacent to residential zones - 100' N For parcels north of Calabazas creek and adjacent to residential parcels - buildings taller than 16' shall have setback of 150' Building Height (max.) w o' ■ 1.1 slope line on N. Ta.ntau Avenue as amended by GPA-2011-03) Resolution No. 13-084 A A- 2011 -14, P- 2011 -04, T - 2,011 - , U- 2011-11 October 15, 2013 Page'. -1 11.. BUILDING PERMIT APPROVAL OVAL The City shall review the final buildii-ig permits for full conformance with the approvals for the permits listed in Condition no. 5 prior to issuance of building permits for earl. -i buildifig /phase of development. 12. VACATION of PRUNERIDGE AVENUE SEGMENT The vacation of a segment of Pruneridge Avenue is necessary to support tl s development. TI -te vacation will be processed according to procedures set by the Streets and Highways Code and the Municipal Code, The applicant shall pay for the land included in the vacation of the segment of pruneridge Avenue as controlled by the Development Agreement and the Pnrd -tase and Sale Agreement. All public utilities withh -L the limits of the vacated portion of Prunerid.ge Avenue must be relocated to the satisfaction of the Director of Public Worts prior to recordation of the street vacation and closing of escrow and the transfer of title. 13. WOLFS ROAD PROJECT DRIVEWAY The Wolfe Load project driveway shall conform, to Mitigation Measure TRANS -2 (Alternate), as adopted with the CEQA Findings for the Apple Campus 2 EIR. 14. FITNESS CENTER. FACILITIES The approved arses at the fitness center are limited to gym activities, incidental physical therapy and wellness checkups etc. A valid City of Cupertino business license is required for all professional consultants who provide service at the fitness center. 15. INGRESS/EGRESS EASEMENT The applicant shall use best efforts to obtain a reciprocal iii ress /egress agreement from the adjacent property owners of 10900 N. Taman Avenue to facilitate the proposed driveway shown on the approved exhibits. The agreement shall be approved by the City Attorney or his /her designee as to forin prior -to recordation and shall be recorded on the property as a covenant prior to issuance of building permits for the structure. The driveway connection to the property at 10900 N. Tantau shall not be constructed unless the reciprocal M* ress /egg {ess agreement leas been executed and recorded. 16. ACCESS DRIVEWAY The proposed access driveway from 10900 N. Tantan Avenue shall be fully installed m-id constructed to the satisfaction of the Director of Community Development prior to fl-te issuance of final, occupancy of the Phase construction. 17. COVENANTS, CONDITIONS AND RESTRICTIONS The project CC&Rs shall be reviewed and approved by the City Attorney prior to recordation of the final neap. The CC&Rs shall i�� corporate requirements including but not limited to: a. Public access easements, Resolution No. 1 -084 A A- 2011 -1 , DP-2011-04,, TR.- 2011 - , U-2011-11 October 15, 2013 Page -1 b. Reciprocal it -tgress /egress easements, c. Reciprocal parking easements, d. Restrictions on the Disposal of Property subject to Condition no. 1, and e, The deed restrictions shall contamn a provision prohibitilig its modification without the prior express written approval of the Director of Community Development and the City Attorney. 18. DISPOSAL of PROPERTIES WITHIN THE PROJECT SITE a. Phase 1 Properties; Parkhlg for the corporate auditorium is approved on a separate parcel located on the northeast conger of the intersection of Prunerid.ge Avenue and N. Tantau Avenue with incidental media parking spaces including part ing for 9 media trucks) located on the parcel located on the southeast corner of the intersection of Pruneridge Avenue and N. Tantau Avenue. Die parcel to the northeast corner of the intersection of Prunerldge Avenue and N. Tantau Avenue shall not be sold separately from the large parcel identified as Parcel Three on Page P-5.03, or vice versa, without City approval. This shall be memorialized in the C &R�s referred to n-1 Condition no. 17. In order for the City to approve sale of either of these parcels, it must be demonstrated that adequate parkh -tg is available on Parcel One of Page P --5.03 to meet the par hag demand of the auditorium. b. Phase 2 Properties: Parkmi g for the Phase 2 buildings have been provided on both the east and west side of N. Tantau Avenue. The Phase 2 parcels may not be sold individually without City approval. This shall be memorialized in the CC&Ws referred to in Condition no. 17. In order for the City to approve sale of any of these parcels individually, it must be demonstrated that either; L There is adequate parking on the specific parcel to meet the parking demand for the uses on that lot; or ri. If adjacent properties are used to share parking, that tl�ey are in close proxzxnit to each other, and reciprocal parking and access easements and maintenance agreements are recorded on the applicable properties to run with the land. 19. PARKING The applicant shall provide a mn' u' u of 10,980 parking spaces of which a minimum of 9,240 spaces shall be provided. with Phase 1 m-id a minimum of 1,740 spaces shall be provided with Phase 2. 20, TRANSPORTATION DEMAND MANAGEMENT The applicant shall commit to implementh-ig a transportation demand management (TDM) plan Yncorporatzng solutions as listed in the mitigation measures identified in the Mitigation Monitoring and Reporting Program (MM RP) IMP -1. The TDM plan. shall be reviewed and approved by the Director of Community Development pair to issuance of occupancy permits. olution No. 13-084 - 2011 -14, DP-2011-04,, TIC- 2011 - , -U- 2011 -11 October 15, 2013 Page-17 1. PARKING LOT LIGHTING Llghtffig in the parking lots shall be approved by the Director of onu unity Development for compliance with applicable regulations prior to issuance of building permits. BICYCLE PARKING The applicant shall provide bicycle parking and bide racks for the proposed project in accordance with the City's Parkh-ig Regulations under Chapter 19.124 of the Cuperth -io Municipal Code, SPECIAL EVENTS Special events with approximately 350 it -tvlted guests at the Corporate Auditorium are limited to an average of one per month. Additional events, with invited guests in excess of 100, shag be subject to the issuance of a Special Event Permit. This shall require review by the Director of ornrnunity Development for conformance with the conditions of approval for special events (Condition nos. 24 & and may h- tclude review as necessary by other City departments /agencies. h-it n-ial events intended for current Apple employees are not limited by this condition. SPECIAL EVENT PARKING Parking for special events with the number of guests specified in Condition no. 23 shall be managed as indicated in the project description. If event garbing results h-t overflow into the adjacent neighborhoods, the applicant shall be required ire d t provide are alternate parking management plan a-nd /or provide additional parkin -ig on site to the Director of Community Development "s satisfaction for subsequent events. SPECIAL EVENT MANAGEMENT PLAT I TTie applicant shall prepare an event management plan for special events with the number of guests specified fi Condition no. 23 including but not limited to, traffic management, palkhi ig ma - iagement, visitor al -iagement, etc. prior to issuance of occupancy permits. 26. COMMUNITY LANDMARK SIGN The applicant shall provide a Community Landmark Sign for North vallco Dark North Area consistent with the policies of the General Plan subject to the approval of the Director of Community Development. 27. HISTORIC RESOURCE HARDER The applicant shall provide a Historic Resource Marker for the Glendenning Barn consistent with the pollcies of the General Ilan as described further in Mitigation Measure CULT-1 of the Ffi -tal EIR subject to the approval of the Director of Community Development. 8. PUBLIC ART The applicant shall provide public art accordance with General flan policy -- 66. Public Resolution Igo. 13-084 A A- 2011 - 4, LAP - 2011 -04, T - 2011 - 9, U- 2011 -11 October 1 , 2013 Page -1 art shall be installed on the project site prior to final occupancy of the first phase. The public art shall be valued, at a minimum, one - quarter percent (1/4%) of the total project budget,, not to exceed $100,000. The applicant shall submit a public art plan to be reviewed by the Fine Arts Commission prior to installation of the public art. 9. MAIM BUILDING VIEWING AREA The applicant shall designate a viewhLg area from the visitor's center on Tant au Avenue to create a view of the Mam* Building. 30, SECURITY FENCE The seven foot tall fence proposed along the perhneter of Phase I of the campus shall be located a ininilnuin of 30 feet from the back of the sidewalk except where determined to be infeasible by the Director ctor of Community Development. The final location of the fence shall be reviewed and approved by the Director of Community Development. For the N. Tantau Parkmi g Garage and Phase 2, the security fence shall be located behind the face of the building along any public right-of-way. Security gates at driveways may be installed subject to adiyinistrative approval by the Director of Community Development. A security fence may be located at all other property lines except where a Masonry Wall is required. The sound wall proposed along 1 --280 is firnited to the extent of the project site. Deviations from these standards may be allowed where there are conflicts with existing trees and if required by Building Code, subject to the review mad approval of the Director of Community Development. 31. MASONRY Y WALL A masonry wall shall be provided on the project's common boundary with residentially zoned or used property. The wall shall be eight feet in height as measured from the highest adjoinir 'lg grade unless a different height is allowed by the City of Santa Clara. 32, TEMPORARY Y OUN FALL A fifteen foot tall sound wall shall be it -istalled around the perimeter of the project site durmi g each phase of construction. The sound wall shall be located a minimum of 30 feet from the inside edge of the sidewalk. Deviations from this standard may be allowed, if locating the sound ball at this distance froin the sidewalk is deemed infeasible by the Director of Community Development. 33. GRADING, DEMOLITION, UNDERGROUND UTILITY WORK, STREET CONSTRUCTION AND CONSTRUCTION HOURS AND NOISE LIMITS a. Grading activities may be performed at any time of the year, subject to storm water management and other appropriate site preparation, as approved by the Director of Public Works. b. Construction hours and noise limits shall he coml limit with all requirements of Chapter 10. of the Cupertijao Municipal Code. c. Construction, street construction, grading, uuidergrou.nd utility and demolition wort Resolution No. 13-084 A A- 2011 -1 , TAP- 2011 -04, TR- 2011 - 9, - 2011-11 October 1 , 2013 Page -19 and noise limits shall be compliant with requirements of Chapter 10.48 of the city Municipal Code. d. Rules and regulations pertainn'T to all construction activities and Ihnitations identified in this permit, along with the 1 -tame and telephone number of an applicant appointed, disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. e. The applicant shall be responsible for educatil -ig all contractors and subcontractors of the restrictions on construction, street construction, grading, underground utility and demolition work. f. Applicant must obtail-i an encroaclunent permit from City prior to commencing any wort within the right-of-way. 34. CONSTRUCTION MANAGEMENT FLAN A construction management plan shall be prepared by the applicant and approved by the Director of Colmnunity Development prior to issuance of building permits. 35. TREE REMOVAL The applicant shall. plant replacement trees for the Protected Frees that have been approved for removal as identified in the MMRP (Exhibit DP-1). The applicant shall also transplant trees as identified in the project plm-is and, if transplantation is not effective, replacements shall be planted as identified in Exhibit IMP -1. 36. TREE PROTECTION As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retailed. Tree protection measures shall be consistent with the EIR. In addition, the foll.owilag measures shall be added to the protection plan; For gees to be retained, chain link or other appropriate fencing a1 -id other root protection shall be installed around the dripline of the tree prior to any project site work. • No parking or vehicle traffic shall be allowed over root zones, unless ush-.g buffers approved by the Project Arborist. • No trenching wid the critical root zone area is allowed. If trenching is needed in the vicil -iity of trees to be retained., the City's consulting arborist shall be consulted before any tTenching or root cutting beneath the driplll -ie of the tree. • Wood chip mulch shall be evenly spread inside the tree projection fence to a four -Uffich dep -th. M Tree protection conditions shall be posted on the tree protection barriers. X Retained trees shall be watered to maintaft'i them in good health.. The tree protection measures shall, be inspected and approved by the City's consulting arborist prior to issuance of .i.ld g permits. The City's consulting arborist shall id-ispect Resolution No. 13-084 A. A- 2011 -1 , DP-2011-04, TR- 2011 - 9, U- 2011 -11 October 15, 2013 Page -20 the trees to he retai Resolution No. 13-084 ASA- 2011 -14, DP- 2011 -04, TIC- 201 .- 9, U- 2011 -11 October 15, 2013 Page -21 site would meet U.S. Environmental Protection Agency (EPA) "Tier " exhaust emission standards, and ngine would be equipped with California ARB { }Level Verified Diesel Emission Control Strategies" (which include diesel particulate filters) or would be certified to meet the U.S. EPA "Tier 4 h- Lterim"' standard for particulate matter emissions. Equipment that would meet U.S. EPA "'Tier 2" exhaust emission standards but would not be equipped with California . "Level 3 verified Diesel Emission Control Strategy' would be limited to: 0 Scrapers 623G 0 Scrapers 633E 0 Four of the six proposed Scrapers 657G ■ Trucks used at the site to haul material nd/or soil would be model year 2007 or newer r meet equivalent U.S. EPA emission standards). w Require all aerial and personnel lifts Less than 50 horsepower to e fueled with natural gas or propane. IdImig time would be n-drii-mized by either shutting e lui ment off when not h-I use or by reducing the maxi -mum idling time to 2 minutes. Clear signage will be provided for construction workers stating these Inklits at all access pohits. Construction equipment would be maintained and properly tuned in accordance w ifh manufacturers" specifications. When feasible, the project would use locally produced anchor mw- iufact .red buildii -tg materials for construction of the project. ■ A mn`u' gum of 75 percent of construction and demolition waste would be diverted from landfills, to the satisfaction of fl-.e City. 'n-te project would use "Green Building Materials,"" such as those materials that are resource efficient, and recycled and manufactured, -t an environmentally friendly way, including low volatile organic compound v C materials. BAAMD sloes not have an adopted quantitative threshold for construction GPI emissions, but recommends the id -icon ;l ration of Construction practices that would reduce construction emissions. The project applicant shall verify that the construction management plan identified ill Condition No. 34 includes fl-te construction practices listed above to reduce construction- related G G emissions to a less-than-significant level, 43. FOOD USE ODOR ABATEMENT The cafeteria and all outdoor food uses shall install odor abatement systems to reduce odor impacts from the uses to the adjacent community. The odor abatement systems shall, be installed prior to fft-ia.l occupancy of the associated use(s). Detailed plans shall be reviewed and approved by the Director of Conununi.ty Development prior to issuance of building permits. 44. SCREENING All mechanical and other equipment on the building or on the site shall be underground. Resolution No. 13-084 A A- 2011-14, DP-2011-04, T - 2011 - , U-2011-11 October 1 , 2013 Page-22 If undergrounding the equipment is deemed infeasible by the Director of Coi =mity Development, equipment shall be screened so that it is not visible ftom public street areas or adjoinm* g developments. Screening materials /colors shall match building features and materials. The height of the screen ng shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 45, UTILITY STRUCTURES All new utility structures shall be located undergo *ou id or screened from public view to the satisfaction of the Directors of ColTmiunity Development and Public Works. 46. TRASH AND DELIVERY C ACTIVITIES The applicant shall prepare a detailed refuse and truck delivery plan. The plan shall specify locations of trash facilities, refuse pick up schedules and truck delivery schedules and routes. The final refuse and truck delivery plan shall be submitted to the Departments of Community Development and Public Worts for review and approval prior to issuance of occupancy permits. All trash facilities must be screened and enclosed to the satisfaction of the ]director of Public Works. 47, SIGN PROGRAM ignage is not approved with this application. A sign program is required for this project per Section 19.104.130 of the Municipal Code. The sign program shall be approved by the Director of Colranunity Development prior to issuance of sign permits. . 48. BELOW MARKET ET RATE HOUSING MITIGATION FEES The applicant shall pay housing mitigation fees in the arrow -it and at the time set forth in the terms of the Development Agreement. 49, FINANCIAL SURETY The applicant shall provide fig. -iancial surety, in the form of bonds or another acceptable fay -Lanclal instrument, when improvements and or conditions of approval are not satisfied prior to the applicant requesting temporary and/or final occupancy for a buildfi -ig, subject to the approval of the Director of Com=mity Development. The financial surety shall be retarned after satisfactory completion of the condition of approval and/or construction of the improvement rithh -i a period specified in the temporary occupancy permit. 50. COMPLETION of IMPROVEMENTS Prior to entering it -ito a street improvement agreement with the City of Cupertino, the applicant shall have detailed plaits of the improvements approved by the Director of Public works and shall provide a surety or guarantee covering the cost of all improvements to be completed within the City of Cupertino's jurisdiction. The street improvement agreement will specify the timeline for completion of the improvements. For improvements to be completed on facilities which are not under the jurisdiction of the Resolution No. 1 -Os ASA- 2011.1 , DP-2011-04, TR- 2011 - , U-2011-11 October 15, 2013 'age -2 City of Cupertino, the applicant shall, prior to entering ft-Ito a street improvement agreement with the City of upertir -to, have detailed plans of the improvements approved by the agency under whose Jurisdiction the facility resides, and either 1 provide a surety or guarantee to that agency to cover the cost of the improvements; or provide fundi7 -tg to the agency - Lmder whose jurisdiction the facility resides, in an amount sufficient to fund the design and construction of the improvements. The decision to pursue option 1 or 2 above shall reside with the agency under whose jurisdiction the iinprovement resides, in consultation with the City of Cupertxn . In the event that the applicant can demonstrate to the satisfaction of the Director of public Words that, despite its best efforts, sufficient progress has not been made with the responsible agency to obtain approval of the improvement, the Binding shall be held in a segregated account by the City or in escrow, in lieu of the design and construction of the mitigation measure. The funds will be released to the responsible agency once the project is programm. ed and approved, wifh any excess returned to the applicant, 1. FEES The project applicant shall enter into a Street Improvement Agreement with the City of Cupertino providing for payment of fees, ii.- .cludirig but not limited to plan checking and inspection fees, storm drain fees and fees for permits. Said agreement shall be executed d, prior to construction of the street improvements and shall be subject to all applicable fees as described in the tens of the Development Agreement. The fees described above are unposed based upon the current fee schedule adopted by the City Council and are not in lieu development impact fees or exactions which are subject to the terms of the Development Agreement. However, the fees imposed herein may be modified at the time of recordation of a fir -tal leap or issuance of a buildir -ig permit ir-i the event of said change or changes, the fees changed at that time will reflect the fl-ten current fee schedule, provided that such modification is permitted by the tens of the Development Agreement. The improvement agreement will also include the following bonds: M Faithful Performance Bond.: l00% of Off -site and On-site Improvements ■ Labor & Material Bond: 100% of Off-site and On-site Improvement ■ n --site r *adr g Bond: 100% of site improvements. STREET IMPROVEMENTS - MITIGATION MEASURES AND MITIGATION MONITORING A TD REPORTING PROGRAM The following Mitigation Measures identified in the Final Environmental Impact Report (State Clearm*ghouse # 2011082055) for the "`Apple Campus 2 project EIR" certified by the Council on October 15, 2013 are hereby incorporated by reference and included as conliti.ons of approval. a. PLAN-2 BICYCLE AND PEDESTRIAN IMPROVEMENTS T b. PLAN-3 ALTERNATE GALA AZAS CREEK TRAIL c, TRANS- I W LFE ROAD/1-280 NORTHBOUND RAMP Resolution olution No.1 -084 A A- 2011 -14, DP- 2011 -04, TR- 2011 - 9, U- 2011 -11 October 15, 2013 Page -4 d. TRANS-2 NORTHBOUND TANTAU AVENUE ALL CO PARKWAY e. TRANS-3 STEVENS CREEK BLvD/ ALV T DR/1-280 RAMP MEST f. TRANS-4 TRANS-4 DE A ZA BOULEVARD/HOMESTEAD ROAD g. TRANS-6 TANTAU AVENUE/ -I ME TEAD ROAD h. TRANS-8 TANTAU AVENUE/ STE VENS CREED BOULEVARD i. TRANS-9A STEVENS CREEK BLVD / ALVERT DR/1-280 DAMPS == BEST) j. TRANS -10 STEVENS CREEK BLVD /LAWRENCE EXPRESSWAY _(EAST) k. TRANS-11 LAWRENCE EXPRESSWAY I -2 o SOUTHBOUND RAMPS 1. TRANS-12 DE AN A BLVD BET. HOMESTEAD RD AND RAINBOW W DR . TRANS-15 W LFE ROADNALLCO PARKWAY n. TRANS -22 FREEWAY IMPACT CONTRIBUTION o. TRANS-24 SOUTHBOUND TANTAU AVENUE/VALLCO PARKWAY p. TRAITS -2 NORTH-BOUND 1--280 OFF-RAMP AT WOLFE ROAD q. TRANS-26 SOUTHBOUND 1 -280 OFF-RAMP AT W L 'E ROAD TRANS-27 (Second Alternate) SOUTHERNMOST W L 'E ROAD DRIVEWAY TO CUPERTINO VILLAGE s. TRANS- t. N01 -2 U. PSU -1 WOLFE ROAD /PROTECT ACCESS INTERSECTION RUBBERIZED PAVEMENT TREATMENT TRAFFIC SIGNAL PREEMPTION N Me Mitigation Monitoring and Reporting Program I .IMRP , included r ithh -t Exhibit DP- 1, attached i1-t its entirety, is hereby incorporated and all applicant/property owner obligations, described in the sections of the M RP applicable to the i itigation measures listed above, are it-i lulled as conditions of this permit to ensure that t1ie mitigation measures identified in the Apple Campus 2 Project EIR are complied with during project miplementation and operation. 53. STREET WIDENING Public street widenh -. g and dedications shall be provide, ft-i accordance with City Standards, specifications and policies and as required by the Director of Public Works. 4, DEDICATION AND STREET WIDENING ON TANTAU AVENUE The applicant shall widen and construct a second northbound through lane /trap right turn lane on Tantau Avenue between the main site entrance and Pruneridge Avenue. The applicant shall dedicate land as required to acconunodate tl s improvement. 5, CURB AND GUTTER I MPROVEMENTS New curbs and gutters, sidewalks and related, structures shall be installed in accorda-rice with grades and standards as specified by the Director of Public Works. The applicant shall close all -umu ed driveway cuts al-id remove and replace broken or uplifted curb, Resolution No. 13 -084 A A- 2011 -1 , DP-2011-04, TIC - 011 -39, U- 2011 -11 October 15, 2013 Page -5 gutter, or sidewalk as determined by the Director of Public Works. 56. PAVEMENT The applicant shall overlay of all streets along perimeter with 2.5", of asphalt pavement per Caltrm-ts Standards. 57. RIGHT of WAY ACQUISITION As set .forth in the Development Agreement, and as expressly limited by the terms thereof; any right -of -war or property right necessary for the completion of portions of the Project or the implementation of the MMRP or Conditions of Approval will be the applicant's responsibility. The City, at the applicant's expense, shall obtain an appraisal suitable for the purpose of government acquisitions. Theapplxcaa -.t shall then make diligent and good faith efforts to acquire all necessary properties. I.f any of the negotiations for any of the acquisitions reach impasse, at City's request, the applicant shall deposit with City the amount of the fair snarl et appraisal plus estimated soft acquisition costs and costs of proceeding, including the costs of obtaining or seeking possession of the property, as City reasonably determines. If the actual costs of acquisition are greater than the deposit, the applicant will provide additional funds to City upon notice in order to pay all costs of acquisition. City may require that applicant make periodic payments requested by City to coven costs. Any additional remaining deposit will be returned to the applicant upon conclusion of the acquisition. The City does not co nit to exercising the power of eminent domain to acquire any property, and has not made any decision, or commitment in regard to exercising that poorer. Under California law, the determination -to proceed by way of eminent domain to acquire any property or interest in property is within the sole and exclusive authority of fihe City Council, and City has not waived or relinquished any of its powers to solely decide whether, when, and on what terms it may consider, deny, approve, or pursue acquisition by use of the power of emb -tent domain. 58. DROP-OFF AREAS The Drop oil' areas along N. Tantau. Avenue are approved as drop off areas for passenger vehicles only. These are not approved for use by private shuttle/coach/sprinter buses, Adequate signage to this effect shall be installed in these areas. The applicant will ensure that this restriction is incorporated in to instructions to shuttle /coach /sprinter bus operators. The Drop -off area ii -idic ted, along Homestead Avenue near the enti ance to the Fitness .facility is not approved and shall be eliminated from all development and improvement plans, 9. DETACHED ID WA I The applicant shall provide a detached sidewalk, whenever feasible as d.etermh -Led by the Director of Public Works, along all street frontages where construction shall occur. These iaiclude: Resolution o. 13-084 AsA- 2011 -1 , DP-2011-04, TIC- 2011 - , U- 2011 -11 October 15, 2013 Page-26 -- - - a. Homestead Toad . N. Tantau, Avenue c. va.11co Parkway d, North side of Pruneridge Avenue e. Segment of 1 N. Wolfe Road between 1 -280 and Pruxteridge Avert e f. East side of N. Tantau Avenue between Pruneridge Avenue and Homestead Road. 60. DOUBLE TBLE RO of TREES The applicant shall provide a rove street trees along both sides of detached sidewalk, unless determined infeasible by the Director of Public Works. 1. GATEWAY ENTRY The applicant shall be required to construct and install a gateway entry feature at the intersection of N. Wolfe Roach and Homestead Road that will be consistent with the policies of the General Plan. The design will be reviewed by the ]director of Commtmity Development, if located off -site it will require additional approval by the Director of Public Works. 62. COLORIZED BICYCLE LANES Provide colorized bicycle lane pavement along project frontages and at areas of potential vehicular conflict as determined by the Director of Public Works. 63. STREET LrIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the Director of Public Works. 64. GRADING IN Gradir -ig shall be as approved and required by the Director of Public Works accordance with Chapter 16.08 of the Cupertino Municipal Code. 65. DRAINAGE brad -tage shall be provided to the satisfaction of the Director of Public Works. Hydrology and pre-and post-development t h dra lic calculations inu t 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), infiltration., evaporation or storin water harvesting facilities, bioretention basins, vegetated s ales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water duality. The storm drab -i system shall be designed to detain water on-site e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an ha crease of the tee- year storm flood water surface elevation to the satisfaction of the Director of Public Works. Any storm water overflows or surface sheeting should be directed array from neighboring private properties and to the public right of way as much as reasonably possible. Resolution No. 13-084 ASA- 2011 -14, D - 2011 -0 , T - 2011 - 9, U- 2011 -11 October 15, 2013 Page-27 66, UPSIZING OF STORM DRAIN LINES IN ,WOL E ROAD, PRUNERIDGE ,AVENUE AND HOMESTEAD ROAD The applieaa -it will be responsible for npsi ing storm drain hafrastructure within Wolfe Road, PrLmeridge Avenue and Homestead Toad to current City Requirements to address impacts to the City Storm Drain system resulting from the project. Current City requirements iriclu.de the ability to convey a 10-year storm event with a lyhour duration, as storm events are calculated per standards set forth in the Santa Clara County L raft -lage Manual (2007). 67. UNDERGROUND UTILITIES The applicant shall comply with the requirements of the Underground. Utilities rdi -nanee No, 331 and other related Ord..- Lances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for n stallation of underground utility devices. 11-te applicant shall submit detailed plans shoving utility uu- .d.erground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. 68. TRANSFORMERS FORMEr Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The applicant must receive written approval from both the Public Worts Department and the Conunw-ilty Development Department prior to installation of any above ground e quipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as d termh -ted by the Community Development Department. Transformers shall not be located In the front or side bui.ldha setback area. 69. STORM WATER BEST MANAGEMENT PRACTICES The applicant shall 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 irr grading and street improvement plans. 70. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board W . I , the applicant inu.st obtah -i a Notice of Intent N I from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Ilan SWPP , use of construction Best Management Practices (BM Ps) to control storm water runoff quality, and B1 P inspection and main enan e. 71. C.3 REQUIREMENTS C.3 regulated improveineiats are required for all projects creat-h -ig and or replacing impervious surface that is subject to requirements set forth in section C.3 of the Municipal Regional Stormwater NPDES permit. The applicant shall reserve a minirnum of 4 of developable surface area for the placement of lour impact development measures, for Resolution No. -084 ASA- 2011 -14, DP-2011-04, TIC- 2011 - 9, - 2011 -11 October 15, 2013 Page -2 storm water treatment, unless an alternative storm water treatment plan, that satisfies C. requ.iarements, is approved by the Director of Public Works. The applicant must include the use and maintenance of site design, source control mad storm water treatment Best Management Practices MPs , which must be designed per approved numeric sizing criteria. A. Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm. Water Facilities Operation and Mai-ritenance 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. 72. EROSION CONTROL PLAN The applicant shall provide an approved erosion control plan prepared by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control motes shall be stated on the plans. The plan shall also be incorporated as an attachment to the SWPPP and shall be updated and amended as construction phases or site conditions change. 73, WORK SCHEDULE Every 6 months, the applicant shall submit a work schedule to the City to show the timetable for all grading /erosion control work in conjunction with this project. 74. WATER BACKFLOW P EVENTEI S Domestic and Fire Water Eackfrow preventers and similar above ground equipment shall be placed away From the public right of way and site driveways, and in a location approved by the Cuperth -io Commtmity Development Department, Santa Clara County Eire Department and the water company. 75. OPERATIONS ATIONS & MAINTENANCE AGREEMENT The applicant shall enter jhto an Operations & Maintenance Agreement with the City prior to final occupancy. The Agreement shall include the operation and maintenance for any non - standard appurterim -tces in the public right -of -way that may include, but is not limited to, sidewalk, pavers, enhanced landscaping, landscaping necessary to screen utility cabinets, and street lights. 76. BUS STOP LOCATION The applicant shall install and/or improve bus shelters /trash receptacles along the Wolfe Road, Tantau Avenue, Vallco Parkway and Homestead Road project frontages, and as required by VTA for bras route modifications due to the Pru.neridge Ave closure. Tie placement and design of the bus shelters /trash receptacles shall be approved by the Director of Public Works and the VTA. Locations and the design of bus stops and shelters shall be provided to the satisfaction of the Director of Public Works and the VTA. Enhanced shelters shall be mazr_.tained and funded by the applicant. ha the event that bus Resolution n o. 13-084 ASS. -20 .1 -1 , DP- 2011 -04, xR- 2011 - , U-2011-11 October 15, 2013 Page-29 shelters are replaced by the VTA with standard revenge- generating bus shelters, the applicant shall not be required to a.n _tt i and service these bus shelters. Shelters shall, at a minfinurn, include the following features: ■ ADA accessible dfnensions x Concrete pad per VTA criteria ■ lllu -iated line number sign R Passenger shelters Benches Trash receptacles ■ Real -time information panels x Schedule, fare, and service span inform tion ■ Lighting 77, TRAFFIC ONT OL PLAN The applicant must subunit a traffic control plan by a Registered Traffic Engineer to be approved, by the Director of Public Works, for any work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the Director of Public Works prior to commencement of work. The City has adopted the Manual on Uniform Traffic Control Devices IUTD standards for all signage m -id striping work throughout the City. 78. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 79. FULL TRASH CAPTURE SYSTEM The applicant will be responsible for installing a frill trash capture system/device to capture trash from the onsi.te storm drain system before the storm water reaches the City owned storm drain system. A full capture system or device is a sing. e device or series of devices that traps all particles retained by a 5 mm mesh screen and has a design treatment capacitor of not less than the peak flow rate Q resulting from a one-year, one-hour .r storm in the sub - drainage area (see the Mtmicipal Regional Permit section C.10 for further h -f orrnation re wire .ents ). 80. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Director of Public Works. Approval of the trash enclosure plan by the Director of Public Works is needed prior to o1 tairi g a blinding permit. 1, DEFUSE TRUCK ACCESS The applicant shall obtain clearance from the Director of Public Works in regards to refuse truck access for the proposed development. Resolution. No. 13-084 A A- 201 . -14, DP-2011-04, TR- 2011 - 9, U- 2011 -11 October 15, 2013 Page -0 82. STREET TREES Street trees planted within the public Right of Way shall be to the satisfaction of the Director of Public Works and shall be of a type approved by the City in accordance with Ordinance No. 125. 83. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa. Clara County Fire Department as needed. 84. STREAMSIDE PERMIT Prior to issuance of a buildir -tg permit, the applicant shall provide plans and ii. -if ormation that satisfies the requirements of the Stream Side Development Permit as set forth by the Santa Clara Valley Water Resources protection Collaborative. These items include, but are not limited to, topographic survey, specific measures to protect streams and/or water bodies from water duality impacts, coordination with all it -Iterested jurisdictional agencies, and the like. 85. SANTA CLARA VALLEY WATER DISTRICT CLEARANCE Clearance approvals from the Santa Clara Valley Water District are required prior to issuance of a building permit. The applicant shall pay for and obtain a Water District permrt for activities or modifications within the District easement or fee right of way or affecting District facilities, 86. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Applicant shall provide Calif omra. Water Service Company approval for water coiinection, service capability and location and layout of water lines and backfXo r preventers before issuance of a building permit approval. 87. DEDICATION of UNDERGROUND WATER RIGHT The applicant shall "'quitclaim" all interests in,, and grant to the City authorization to extract water from (without enter�d-Ig the applicant's property), the underground strata bring beneath and within the boundary r limits of the project's property. 88. ABANDONED WATER WELLS The applicant shall seal abandoned or unused water wells if the City, h-i consultation with the Santa Clara Valley Water District, determines that said abandoned or unused water ells have a potential to contaminate the water supply. SANITARY DISTRICT A letter of clearance for the project shall be obtairted from the Cupertino Sanitary District prior to issuance of building permits. 90. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property and utilities in Resolution olution Igo. 13-084 A3A -201 1 -14, DP-2011-04,, TR- 2011 -39, U- 2011 -11 October 1 , 2013 Page -31 l rnrieridge Avenue iaclu.ding E, AT &T, and California Water Company, Cupertino Sanitary District and/or equivalent agencies) will be required prior to enteri Resolution No. 13 -0 4 ASA.- 2011 -14, ] P- 2011 -0 , T - 201 . -39, U- 2011 -11 October 15, 2013 'age -32 Northbound 1-280 Off-Ramp Southbound 1-280 n- Ra.inp from northbound Wolfe Load r Southbound 1- 280 On-Ramp from southbound Wolfe Road 2 Southbound 1-280 Off-Ramp The applicant shall replace all crosswalks s at the on-- ramps with new crosswalks s which are perpendicular to the ramps, incorporate high-visibiEty ladder stripit-ig, and yield limit lines. The applicant shall install high - visibility ladder striping at the crosswalks at the two off - ramps. The applicant shall also provide ,FDA- compliant curb ramps for all crosswalks. Additionally, at the southbound 1 -280 loop on -ramp from southbound Wolfe Road, the applicant shall replace the existing fence on the overcrossing with one that has better transparency, trim and rnaintaii vegetation on northwest corner of the on-ramp, relocate the curb ramp further 'north along the highway on- ramp; and add pavement legends to iindi.cate a pedestrim -i crossing. To fl-te extent that Caltrans approval is required, this Condition shad be subject to the limitations set out iii Condition no. 50. FUNDING of POTENTIAL NEIGHBORHOOD CUT-THROUGH OUGH TT AFFI AN PARKING INTRUSION MONITORING G AND MITIGATION PROGRAM The applicant shall fund neighborhood cut - through traffic and parking monitoring studies and provide fees to implement needed traffic cali ning improvements to minimize neighborhood cut - through traffic and part h- itrusion, within the cities of Santa Clara and Sunnyvale. The applicant shall provide up to $250,000 for the City of Santa Clara and up to $500,000 for the City of Sunnyvale for neighborhood cut - through traffic and part ing intrusion measures. These contributions will be provided to the City of up rtiino prior to issuance of the first buildil -.g permit for the project. The applicant shall also fund all baseline and monitoring studies as required above and beyond the amounts specified above. The monitorui ag program shall include the folio m* g items: 1 identifying the monitoring areas (roadways where the monitormng will occur; (2) detennina. -tg baselnne conditions nuirnber of parked vehicles and traffic volumes on the roadways); determining thresholds for parki Resolution Igo. 13-084 A A- 2011 -14, DP-2011-04,, TIC- 201 .- , U- 2011 -11 October 1 , 2013 Page-33 a Employee education campaigns Periodic monitorhag of employee ee parking on streets su.rrow -iding the project site which includes license plate checks M Park:hg cash -out prograr+n ■ Additional valet part filg assistance beyond that currently proposed with the project Additional personnel and signage to direct parking during special events Other TDM measures to discourage sin le-o pa . driving m-Ld reduce parkin demand on the site If spillover parking in nearby neighborhoods occurs even after implementation of the measures alcove, the following should be implemented: ■ Larking restrictions on Forge Drive implemented by the City with fmiding from the applicant for design and physical il� provements (such as signs, striping, cur{ pair tir -ig and the like) and construction /installation of all such measures. a Provision of additional parkh -tg spaces on-site to meet the parking demand, to the satisfaction of the Director of Co ,murtit r Development. Such additional parking would be subject to supplemental environmental review. ■ Implementation or funding of a neighborhood parking permit program, szgn.age, curb painting, or other parking restriction measures. 97. LEFT-TURN POCKET EXTENSIONS Left -turn pockets shall be extended at the De Ana Boulevard /Stevens Creek Boulevard intersection, (westbound pocket), Woffe Road /Homestead Toad intersection (westbound pocket), Wolfe IoadNallco Parkway intersection (southbound pocket, Tantau Avenue Homestead. Road intersection westbound pocket), and Tantau Avenue /Stevens Creek Boulevard inter ection (eastbound pocket). The applicant shall reconstruct medians and restripe roadways as necessary to construct the extended tam pockets. 98. VALLCO PARKWAY IMPROVEMENTS The applicant shall reconfigure Vallco Parkway between Perimeter Road and Tantau. Avenue to two vehicle lanes and one like lame in each direction, plus diagonal parking on the south side, M clu&hg any associated improvements such as, but not limited to, median relocation. In addition, the applicant shall design and install a traffic signal at the Main Street project garage entrance onto Vallco Parkway. 99, SARATOGA AVENUE/LAWRENCE EXP E WA The applicant shall provide a $1,000,000 fair share contribution to Santa Clara. Cow-ity for the purpose of constru til -ig an additional left -t m larte from Saratoga Avenue onto northbound La wrence Expressway. 100. INTERSTATE 280 SOUTHBOUND ON-RAMP AT LAWRENCE EXPRESSWAY 'Me applicant shall constrict a third lame on the southbound on -ramp to Interstate 280 at Lawrence Expressway between Lawrence Expressway and the metering lights. The Resolution , 13-084 A- 011 -14, DP-2011-04,, T - 2011 - , U- 2011 -11 October 1 , 2013 Page -4 applicant shall also construct a third eastbound lane along the connector road. between Calvert Drive and Lawrence Expressway. Tl -ie applicant shall provide detailed construction plans and shall construct the improvement. If the applicant coot get approval for the nnprover ent, the applicant shall provide up to a maximum of $1,730,729 to design and construct either 1 the identified improvement or an alternate unprove .ent that will address on -ramp queuing at the I -280 southbound ramp at La wrence Expressway to the satisfaction, of the City of Cupertino Director of Public Works and Caltrans. The $1,730,729 is the difference between the estimated cost of the identified improvement, and the estimated cost of mitigation Leasure TRANS -11, which is an element of the identified improvement. The process described in Condition no. 50 for improvements outside of the City of Cupertfti.o shall govern. the implementati Resolution Igo. 13 -084 ASA- 2011 -1 , DP-2011-04, T - old.- 9, U- 2011-11 October 15, 2013 Page-35 parties and the applicant to attach, set aside, or void this Resolution or az-.y permit or approval authorized hereby for the project, including (without limitation) reimbursing . the City its actual attorneys' fees and costs urred M defense of the litigation. The app al -it and City shall use best efforts to select mutually agreeable legal counsel to defend such action, and the applicant shall pay all compensation for such legal counsel, folio it -ig the 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 a iy costs directly related to the litigation reasonably incurred by City. If the applicant and the City caiu -iot in good faith agree on joint counsel, the City shall have the right to retain cowisel of its own choosing, separate from the applicant's litigation counsel. 104. NOTICE of FEES DEDICATIONS, RE ERVATION OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may clud cent - fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Go erg ment Code Section 66020(d) ( these Conditions constitute written notice of a statement of the amount of such Fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period i1-I whid-1 you may protest these .fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begurt. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS OF APPROVAL ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 105. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of l wild -ig permits. Clearance should include written approval of the location of any proposed Fire Backflow Pre enters, Fire Department Connections and Eire Hydrants typically f acl flow Preventers should be located on private property adjacent to the public right of way, and fire department cor-Lnections must be located within 100' of a Fire Hydrant). The project must also provide, to the satisfaction of the Fire Department, an Emergency Vehicular Access path road ith:�-t the project site. 106. FIRE SPRINKLERS REQUIRED An automatic sprinkler ler system shall be provided throughout all new buildings and structures, as required by State and locally adopted laws, codes and regulations. 107, PRIVATE ON-SITE FIRE HYDR N The applicant shall provide private on. -site fire hydraai.ts at locations to be determined by the Fire Department. Maximum hydrant spacing shall be Soo feet, with a mi�li acceptable flow of 1,500 GEM at 20 psi residual pressure. Resolution o. 13-084 A A- 2011 -14, DP-2011-04, T - 2011 - , U-2011-11 October 15, 2013 Page-36 108, STANDPIPES. Ili addition to the standpipes required by 905 of the California Building Code, standpipes shall additionally be installed �-i the office building courtyard and at other locations determkied by the Fire Department. 109. TIMING of REQUIRED WATER SUPPLE' INSTALLATIONS Installation of re nixed fire service and fire hydrants shall be tested and accepted by the Fire Department prior to the presence of bulb combustible materials on site. Building permit issuance may be withheld until required installations are completed, tested, acid accepted. 110. FIRE APPARATUS ACCESS ROADS (GENERA Provide apparatus access roadways with an all - weather surface within 10 ft. of the exterior walls of all buildings. Access roads shall have a minfinum unobstructed width of 20 feet and a vertical clearm -tce of 13 feet 6 inches. Turn radii shall be per Fire Department specifications. NOTE: Apparatus access shall be provided from entrances on Wolfe and Tantau. 111, FIRE APPARATUS ACCESS ROADS - AERIAL APPARATUS a. Where required: Buildings or portions of buildings or facilities exceedil -tg 30 feet (9144 mm ) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. b. Width: Aerial .fig {e apparatus access roads shall have a mmiftnuan unobstructed width of 26 feet and shall be located within a mini -.nuns of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building and/or as approved by the Fire Department. 112. EXTERIOR ALARM ANNUNCIATOR An exterior fire alarm annunciator, as is acceptable to the Flare Department, shall be provided for emergency vehicles arriving at the Wolfe and Tantau entrances. A written procedure shall be developed for notify .g emergency per xu-. X of the incident type and location upon them.{ arrival at the Wolfe entrance. 113. TRAFFIC SIGNAL PREEMPTION Intersection signal preemption shall be installed per the requirements of Condition no. 91. 114. FIRE COMMAND CENTER A Fire Coininaiad Center room., accessible from the exterior of the building, shall be provided and shall contain the fire alarm control panels and other building controls that may be necessary to operate /monitor under emergency conditions. 115. EMERGENCY RESPONDER PONDE RADIO COVERAGE IN BUILDINGS All buildings shall have approved radio coverage for emergency responders within all Resolution ISO. 13-084 A A- 2011 -14, DP- 2011 -04, T - 2011 - 9, U- 2011 -11 October 15, 2013 Page-37 portions the buildhigs, based upon the existing coverage levels at the exterior of the uildzrtg. Additional systems, components or equipment shall be provided, as necessary, to provide radio coverage levels. SECTION VI: CE QA REVIEW Are Environmental Impact Report for the Subdivision was prepared in accordance with the Califori -da Enviroranental Quality Act A , Public Resources e Code Section 21000 et seq. PASSED AND ADOPTED at a_n Adjourned Regular Meeting of the City Council of the City of Cupertino the 15th day of October 2013, by the followii -ig roll. call vote: Vote: 1 einbers of the City Council-, AYES: Mahoney, Wong, Clang and Santoro NOES: None ABSTAIN; Norte ABSENT: None REC TSE: Shams .ATTEST: Grace Schmidt City Clerk APPROVED: Orrin Mal -Loney Mayor, City of Cupertino EXHIBIT DP -1 MITIGATION MONITORING AND REPORTING PROGRAM . ,M A. INTRODUCTION This document describes the Mitigation Monitoring rid Reporting Program (MMRP) for ensuring the effective implementation of the mitigation measures adopted by the City of Cupertino (City) and made conditions of approval of the Apple ampus 2 Project (project). The project would entail the redevelopment of an approximately 176 -acre project site into a new campus for Apple Inc. (Apple). When a lead agency adopts findings pursuant to Section 21081 of the California Environmental Quality .Act EQA l and Section 15091 of the CEQA GuidelineS2 upon completion f an Envir r en- tat Impact Report EI , it is required to adopt a reporting and monitoring program pursuant to Section 21081.6 of CE QA and Section 15097 of the CEQA Guidelines. The purpose of the MMRP is to ensure compliance with the measures adopted to mitigate or avoid significant environmental impacts during project implementation. This MMRP will not only direct the implementation of mitigation measures by the specified responsible parties, but also facilitate the ity's monitoring, compliance, and reporting activities, including the activities of any third -party monitors it may designate. B. PROJECT BACKGROUND The project site is currently developed with structures that contain office and research and development uses. These existing structures will be demolished and replaced with new development as part of the project. The project involve the construction of 3,420,000 square feet of office, research, and development uses; 245,000 square feet of auditorium, fitness center, and parking reception uses; 92,000 square feet of utility plants; and parking and ancillary buildings (such as security receptions and landscape maintenance buildings). As part of the project, a segment of Pruneridge Avenue will be vacated by the City to allow for the development of a unified and secure campus and Apple will also implement changes to local roadways in the vicinity of the project site. The environmental effects of the project are analyzed and identified in the Apple Campus 2 Project Final EI . The Final EIR identifies potentially significant impacts and mitigation measures in the following areas: • plarming policy • land use • biological resources I The California Environmental Quality Act is found at Public Resources Code Section 21000 et seq, Hereinafter, the MMIZP will refer to the Public Resources Code secti ons of C E A as "Section [i -Lumber] of C E A." The Mate CEQA Guidelines "Ciuidelin es " are found at Califo mia Code of Regulations, ulakions, Title 14, Section 150 00 et seq. LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR AUGUST 2013 MITIGATION MONITORING AND REPORTING PROGRAM • cultural resources 0 geology, seismicity, and soils • hydrology and Water quality • hazards and hazardous materials 0 transportation and circulation • noise • air quality • public services and utilities C. ROLES AND RESPONSIBILITIES As the lead agency under CEQA, the City will be responsible for ensuring full compliance with the provisions of this MMRP and will have primary responsibility for i mplementation of the M R . The City has the authority to halt any activity associated with the construction and operation of the Apple Campus 2 project if the activity is determined to be a deviation from the approved project or the adopted mitigation. measures. D, MITIGATION MONITORING AN REPORTING PROGRAM The attached table presents a compilation of the mitigation measures in the Final EIR, together with the required monitoring and reporting actions, and tuning. 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CD eD i m CL L PL N 4 J tn rp W FBI F�F�yy �z Y �t 0Q y� 1J 1y� I� EXHIBIT DP -2 CONDITIONS of APPROVAL - AB 900 COMPLIANCE APPLE CAmpus 2 PROJECT No NET ADDITIONAL GREENHOUSE GAS EMISSIONS For the AB 900 Compliance Conditions of Approval that ensure that the project meets the no net additional greenhouse gas emissions standard, the Community Development Director may allow deviations and alterations, provided that the applicant /property owner establishes to the satisfaction of the Community Development Director that, based on substantial evidence, the project continues to meet the no net additional greenhouse gas emission standard, 2. LEER - SILVER OR EQUIVALENT Pursuant to Chapter x 6.58, Green Building Standards Code Adopted, of the Cupertino Municipal Code, the project shall meet the re quirements for Leadership in Energy and Environmental Design LEED Silver certification or an equivalent, at a minimum, as identified in the ordinance, .Apple shall develop a LEED Silver certification program plan which shall be subject to review and approval by the Director of Community Development prior to issuance of building penults. P-dor to occupancy, the City will hire a third -party independent consultant, at Apple "s expense, to make a finding that Apple's LEER program plan meets the requirements of LEER Silver and any then applicable requirement of the Governor's Guidelines for Streamlining Judicial Review Under the California Environmental Quality .Act "Guidelines ". 3. ENERGY . ENERGY EFFICIENCY Apple shall reduce energy use through energy - efficient green building design of lighting, heating, cooling and ventilation systems to reduce building system energy use by at least 30 percent compared to typical commercial development. Energy- efficient building systems, s, such as the following, shall be *i orpora.ted into to project design: high-efficiency radiant conditioning systems, light - emitting diode (LED) electric lighting, and natural ventilation. Apple shall submit an energy efficiency plan for review and approval to the Director of Community Development prior to issuance of the first building permit. .Apple shad fund the cost of an independent consultant selected by the City to review and report on the energy efficiency plan so that the Director of Conununity Development may verify -that the burping design. will reduce building systems energy use by at least 30 percent compared to typical coimnercial development. b. RENEWABLE ENERGY 100 percent of the projects overall energy needs shall be provided by renewable energy. Based on Apple's current proposal, Apple shall: a install at least 650,000 square feet of photovoltaic on building roofs and the parking garage canopy that will have a capacity of at least 12 megawatts; b ) construct at least a - megawatt fuel cell installation on-sate that will be powered by 100- percent directed bio as; and c AB 900 CONDITIONS Page P -2 -2 obtain the remainder of the project's energy reeds from the State of Calif ornia Direct Access Program, off-site Apple-owned renewable energy projects or grid-purchased renewable energy. For the -site energy production, the amount of renewable energy may be scaled to the phase of development. Apple shall acquire grid- purchased renewable energy from the following sources: 1 participation in California's regulated Direct Access program.; and market purchase of renewable energy credits that are Green-e Energy certified. The specific Energy Service Providers mad sources used to supply renewable energy for the project may be determined closer to the time of project completion. Apple shall submit specifications four the energy systems for review and approval to the Director of Community Development prior to issuance of building permits. The Director of Community Development may approve deviations in the design of the energy systems from those specified above provided that the applicant /property owner establishes to the satisfaction of the Conunumity Development elopment Director that, based on substantial evidence, the project's overall energy needs are provided -by renewable energy. Apple shall submit an annual report to the Director of Community Development lopment by February 15th of each year documenting compliance with this renewable energy condition for the prior calendar year, *includi g total energy use and total energy credits for the reporting period supported by documentation from Direct .Access and Green -e Energy certified sources sufficient to allow the Director of Community Development to make the determination that 100 percent of the project's overall energy needs are being provided by renewable energy. Due to the timing of the Green-e Energy certification process, which may tale up to six months after the end of the calendar year, the Green -e Energy certification documentation may be provided in a supplemental filing to occur within 30 days of completion of the Green-e Energy certification process. The annual report shall indicate an approximate date of submittal for the Green -e Energy certification documentation, which shall be no later than August 11;t of each year. 4, PARKING AND TRANSPORTATION In order to reduce peak hour trips, Maple shall implement an enhanced Transportation Demand Management (TD M) program as required by Mitigation Measure TRANS 9b and the details of Mitigation Measure TRAMS -9b set forth in the T M Program Expansion on pages 41-447 and Figure I -11 of the Draft EIR, all of which are incorporated into these Conditions of Approval (see Condition 3 - MITIGATION MONITORING AND REPORTING PROGRAM in Development Pere it (DP-2011-04) Resolution). 5. CONSTRUCTION a. DIRECT ACCESS For each year during the construction period., Apple shall demonstrate to the Community Development Director that it has fully offset the project construction emissions by participation in California's Direct Access program for supplying renewable power to Apple -owned buildings located in the City. 2 AB 900 CONDITIONS Page DP-2-3 b. PHASE I PROTECT G IG EMISSIONS Mitigation of all Phase 1 project GIG emissions from construction shall. occur contemporaneously wid-t construction of the project. 6. ENVIRONMENTAL SUSTAINABILITY MEASURES The project shall install Soo electric vehicle charging stations on the project site. The parking lot shall also be configured to alloy for up to 1,000 electric vehicle charging stations to be installed. 7. WATER SUPPLY The project shall reduce grater use by 30 percent compared to typical commercial development through use of love -flow fixtures and drought-tolerant landscaping. . Apple shall submit a water suppler plan for review and approval by the Director of Community Development prior to building permit issuance. 8. WASTE MANAGEMENT a. OPERATIONAL WASTE DIVERSION RATE The project shall _achieve and maintain a diversion rate of at least 50 percent. b, CONSTRUCTION AND DEMOLITION WASTE DIVERSION RATE A minimum of 75 percent of construction and demolition waste shall be diverted from landfills, to the satisfaction of the City. 9. BINDING AND ENFORCEABLE AGREEMENT As required. by Public Resources Code Section 11d., the April 1, 2012 agreement between Apple, Inc., signed by VP and Chief Financial officer Peter Oppenheimer, and the City of Cupertino, acknowledged and agreed to by Aarti Shrivastava, Community Development Director, constitutes a branding and enforceable agreement by Apple that all mitigation measures required pursuant to the California Environmental Quality Act to certify the project under the Jobs and Economic Improvement Through Environmental Leadership .Act of 2011 shall be conditions of approval of the project, and shall be fully enforceable by the City of Cupertino or its designees; and that all adopted mitigation measures shall be monitored and enforced by the City of Cupertino on an ongoing basis for the life of the obligation to perform, implement or comply r with. the mitigation measures. As required by Public resources Code Section 21183(e), the binding and enforceable agreement further provides that Apple agrees to pay the costs of the Court of Appeal In hearing and deckling any case, including payment of court costs for the appointment of a special master if deemed appropriate by the court, in a form and manner specified by the Judicial Council, as provided in the Pules of Court adopted by the Judicial Council pursuant to subdivision f of Section 21185 of the Public Resources Code. As required by Public resources Code Section 21182(f), the binding an.d enforceable agreement also provides that Apple agrees to pay the costs of preparing the administrative record for the project concurrent with revi AB 900 CONDITIONS Page P -2- the p roj ect. Apple shall perform all obligations set forth in the April 12" 2012 binding ail s enforceable agreement. 11