DIR-2016-36_2.docx
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council members
Chair and Planning Commissioners
From: Benjamin Fu, Assistant Director of Community Development
Prepared by: Catarina Kidd, AICP, Senior Planner
Date: December 20, 2016
Subject: Director’s Minor Modification (DIR-2016-36) to allow a change to the south property
line fence material for Apple Campus 2
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The decision is reported to the City
Council and Planning Commission in time to allow an appeal of the decision
within fourteen calendar days.
BACKGROUND/DISCUSSION
The City Council approved a Planned Development Permit in October 2013 for Apple Inc. The
subject minor modification is located at the south property line along the entire length of the
project adjacent to I-280 and Caltrans right-of-way. Caltrans did not provide the necessary
encroachment permit to construct the sound wall from their property so an alternate design was
required on Apple property to allow minimal disturbance to trees.
The previously-approved Planned Development Permit sheet P-7.35 “Soundwall” proposed
two masonry soundwall alternatives shown below:
DIR-2016-36 Apple Campus 2 December 20, 2016
The revised design is for an open wire/welded wire fence shown below:
At a proposed 12’ height, the open wire/welded wire fence is a material that would reduce the
perception of massing, when compared to the alternative of a masonry soundwall. The
proposed revision is also more consistent with the existing conditions along I-280. The areas
adjacent to I-280 are generally planted with large scale trees and/or have relatively low masonry
soundwalls. The revised material to open wire/welded wire increases the visual emphasis on
both landscaping and architecture rather the fence itself, allows Apple Campus 2 to meet their
own security requirements by providing an anti-climb/anti-cut barrier, and preserves existing
trees to the most reasonable extent possible. Condition of approval #6 requires the applicant to
plant additional trees where there are current gaps in landscaping along I-280.
ACTION
In accordance with Cupertino Municipal Code Section 19.164, the Director of Community
Development deems the modifications minor and approves the modifications with the
following conditions:
1.APPROVED EXHIBITS
This approval is based on the plan set prepared by Foster + Partners dated 8/11/2016,
consisting of 55 sheets plus application forms, photos and letters, except as may be modified
by the conditions enumerated below. The plan set includes:
a.Plans labeled “Phase 2 Office Building Welded Wire Fence Layout and Elevation”
for Permit B-2016-2642 Tantau 9 Wire Fence and “Phase 2 Parking Structure Welded
Wire Fence Layout and Elevation” for Permit B-2016-2612 Tantau 10 Wire Fence
b.Product photos received 10/17/2016
2.ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans in addition to all previous conditions of approval.
2
DIR-2016-36 Apple Campus 2 December 20, 2016
3.BUILDING PERMIT REQUIRED
This approval does not constitute building permit approval; a separate building permit is
required.
4.ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary locations, building setbacks, property size, building
square footage, any relevant easements and/or construction records.
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.
5.CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2011-14, DP-2011-04, TR-2011-39, TM-
2011-03, U-2011-11, ASA-2014-08, DIR-2014-11, DIR-2014-29, and DIR-2015-15 shall be
applicable to this approval except as amended.
6.TREES
No trees have been approved for removal with the approval of this permit. Additional trees
shall be planted along the southern property line adjacent to I-280 where there are gaps in
plant material to further enhance the screening of the Tantau office buildings, Tantau
parking structure and main parking structure.
7.CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard
to the proposed project for additional conditions and requirements. Any misrepresentation
of any submitted data may invalidate an approval by the Community Development
Department.
8.INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City,
its City Council, its officers, employees and agents (the “indemnified parties”) from and
against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void this Resolution or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
City its actual attorneys’ fees and costs incurred in defense of the litigation. Applicant and
City shall use best efforts to select mutually agreeable legal counsel to defend such action,
and Applicant shall pay all compensation for such legal counsel, following Applicant’s
3
DIR-2016-36 Apple Campus 2 December 20, 2016
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 any costs directly related to the litigation reasonably incurred
by City. If Applicant and the City cannot in good faith agree on joint counsel, the City shall
have the right to retain counsel of its own choosing, separate from Apple’s litigation
counsel.
9.NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), 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 in which you may protest
these fees, dedications, reservations, and other exactions, pursuant to Government Code
Section 66020(a), has begun. 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.
This approval is effective December 20, 2016. The appeal period will expire in 14 calendar days
on January 3, 2017.
Attachments:
A.Site plan and fence detail
4