DIR-2017-06_2.pdf CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Assistant Director of Community Development
Prepared by: Ellen Yau,Assistant Planner
Date: May 19, 2017
Subject: Director's Minor Modification, DIR-2017-06, to allow for the construction of a fence
enclosure for a new switchgear substation to facilitate the installation of 66 electric vehicle
charging stations on the Infinite Loop Campus (APN 316-02-105).
Chapter 19.132 of the Cupertino Municipal Code allows for administrative approval
of minor changes in a project. The Director reports his decision to the City Council
and Planning Commission in time to allow an appeal of the decision within fourteen
calendar days.
BACKGROUND
The applicant, Scott Moreau with Prime Electric, representing Apple Inc. is requesting approval to
construct a wrought-iron 25'-4" x 18'-6" enclosure, which is approximately 485 square feet in area
and 9'-6" in height from natural grade to top of post caps. The enclosure houses a new switchgear
substation located near Building 3 on the Infinite Loop campus. The new substation will service 66
dual head electric vehicle charging stations proposed to be installed in the northeast quadrant of the
parking lot.
DISCUSSION
Due to the existing site constraints, the enclosure's location was selected to prevent encroachment
into utility easements along the northern and eastern property lines, minimize proximity to
residential properties, and minimize visibility from the public right of way. More than 350 feet from
the nearest residences on Larry Way, the proposed location situates the substation in an existing
parking lot between Building 3 and I-280. Furthermore, the enclosure will be screened with
landscaping as indicated on the plans and will not be visible from S. De Anza, Mariani Way, and
Larry Way.
The proposed enclosure will displace four parking spaces and may affect the integrity of a nearby
Pinus halepensis (Aleppo Pine). Since the trees on this property are protected, a tree removal permit
with adjacent noticing has been concurrently processed(TR-2017-17).During the two week comment
period,staff did not receive any comments about the removal of the Aleppo pine and the replacement
with a native oak. Additionally, the applicant will relocate the four displaced parking spaces at the
end caps of existing parking aisles by modifying existing landscape planters. Therefore, there is no
net loss of parking.
ACTION
The Director of Community Development deems the modification minor and approves the project
with the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits titled "Infinite loop EV charging Project", consisting of ten (10)
sheets dated September 13, 2016, prepared by AECOM except as may be amended by conditions
contained in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building
plans.
3. ACCURACY OF THE PROTECT 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. Any misrepresentation of any
property data may invalidate this approval and may require additional review.
4. BUILDING PERMITS
The applicant shall consult with the Cupertino Building Division to obtain the necessary building
permits for the addition.
5. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. TR-2017-17 shall be applicable to this approval.
6. SCREENING
Landscape screening materials, as indicated on the approved plan set, shall be maintained.
Maintenance shall include, but not be limited to the following: replenishing mulch; fertilizing;
pruning; replanting of failed plants; weeding; pest control; and removing obstructions to
irrigation devices. The location of equipment and necessary screening shall be reviewed and
approved by the Director of Community Development prior to issuance of building permits.
7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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
Except as otherwise prohibited by law,the applicant shall indemnify and hold harmless the City,
its City Council, and its officers, employees and agents (collectively, the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against one or more
of the indemnified parties or one or more of the indemnified parties and the applicant 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. The applicant shall pay such attorneys' fees and costs within 30
days following receipt of invoices from City. Such attorneys' fees and costs shall include
amounts 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.
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.
The approval of this modification is effective May 19, 2017. The 14-calendar-day appeal period will
expire on June 2, 2017.
Enclosure:
Plan set
G:A Planning\PDREPORT\DlRreports\2017\DIR-2017-06.docx