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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
The attached table includes columns that shove: 1 each mitigation measure identified in the Final
EIR; the procedure for implementing each mitigation measure; the City entity responsible and
procedure for monitoring and reporting implementation of each mitigation measure; 4 the timing
for implementation of each mitigation measure; and verification of mitigation measure
completion.
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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