Ordinance No. 13-2113 Rezoning 1.1 acre area from PR to PMP APN 316-06-050 and 316-06-051ORDINANCE NO. 13 -2113
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
APPROVING THE REZONING OF AN APPROXIMATELY 1.1 ACRE AREA
FROM PARK AND RECREATION (PR) TO ]PLANNED INDUSTRIAL PARK (P(MP))
LOCATED AT APN 316 06 050 AND 316 06 051
WHEREAS, an application was received by the City (Application no. Z- 2011 -03) for the
rezoning of a property from PR (Park and Recreation) to P(MP) (Planned Industrial Park); and
WHEREAS, immediately prior to the Council's consideration of this rezoning, and following
the Commission's recommendation, the Council adopted Resolution No. 6727, adopting a
General Plan Amendment covering the property which is the subject of this rezoning ordinance,
and
WHEREAS, the rezoning would be consistent with the City's General Plan land use
map, proposed uses and surrounding uses; and
WHEREAS, the Rezoning application is part of the 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 parking and ancillary buildings (such as security reception areas and landscape
maintenance buildings), of which the proposed buildings are designed to be energy efficient
and to use renewable energy (including 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 ( "Draft EIR ") (State Clearinghouse No. 2011082055), as amended
by text revisions in Chapter IV of the September 2013 Apple Campus 2 Project EIR Response to
Comments Document ( "Response to Comments Document ") (together, the Final EIR);
WHEREAS, the Final EIR was presented to the Planning Commission and City Council
on October 1, 2013 at a Joint Planning Commission and City Council Study Session; and
WHEREAS, on October 2, 2013, the Planning Commission held a public hearing and
voted 4 -0 -1 (1- recusal) to recommend that the City Council approve Findings Revision #1
(October 1, 2013) to adopt Mitigation Measure TRANS -23 (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 Recommending Certification of an Environmental Impact Report (EIR),
adoption of Findings and a Statement of Overriding Considerations, adoption of Mitigation
Measures, and adoption of a Mitigation Monitoring and Reporting Program in substantially
similar form to the Resolution, as amended (Resolution no. 6727); Approve the General Plan
Amendment, GPA- 2011 -03, in substantially similar form to the Resolution presented
(Resolution no. 6728); Approve the Zoning Map Amendment, Z- 2011 -03, in substantially similar
Ordinance No. 13 -2113 Z- 2011 -03 November 19, 2013
Page 2
form to the Resolution presented (Resolution no. 6729); Approve the, Vesting Tentative Map,
TM- 2011 -03, in substantially similar form to the Resolution presented (Resolution no. 6732) ;
Approve the Development Permit, DP- 2011 -04, Use Permit, U- 2011 -11, Architectural and Site
Approval, ASA- 2011 -14 and Tree Removal Permit, TR- 2011 -39, 4n substantially similar form to
the Resolution presented (Resolution no. 6731); and Approve the Development Agreement, DA-
2011-01, in substantially similar form to the Resolution presented (Resolution no. 6730); and
WHEREAS, Supplemental Text Revisions, Apple Campus 2 Project Final Environmental
Impact Report, which is part of the Final EIR, identifies a third alternative mitigation measure
for Impact TRANS -23, a third alternative mitigation measure for Impact TRANS -27, and
discloses recent amendments to Chapter 6.5 of Division 13 of the Public Resources Code; and
WHEREAS, on October 15, 2013, the City Council held a duly noticed public hearing on
the amendment to the Zoning map and the EIR; as well as the following Project approvals: A
General Plan to allow amendments including a change in the land use designation of a 1.1 acre
area from Parks and Open Space to Industrial /Residential, Vesting Tentative. Map, Development
Permit, Use Permit, Architectural and Site Approval for Phase 1 of the Project, Tree Removal
Permit, and street and easement vacations and a Development Agreement; and
WHEREAS, after consideration of evidence contained in the entire administrative record, at the
public hearing on October 15, 2013, the City Council adopted Resolution No. 13 -02 certifying
the EIR, adopting Findings and a Statement of Overriding Considerations, adopting Mitigation
Measures, and adopting of a Mitigation Monitoring and Reporting Program.
WHEREAS, the City Council finds the following:
1. That the proposed zoning is in accord with this title of the Municipal Code and the City's
Comprehensive General Plan.
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 Development (Planned Industrial Park) (P(MP)), 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 from the standards
outlined in the Zoning regulations for the site. A small portion of the project site is currently designated
for use as a public park in both the General Plan 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. In 2005, the Cite approved the
rezoning of 1.1 -acre area of a proposed townhouse development project as Park and Recreation to serve
the future residents of the development and residents living in the northern portion of the City. However,
neither the townhouse development project nor public park were developed, although the site of the
proposed park (currently a parking lot) remains designated as park space in the City of Cupertino General
Plan and Zoning Ordinance. The change will make the zoning of this portion of the Project consistent
with the balance of the Project and enhance and accommodate the Project.
Ordinance No. 13 -2113 Z- 20171-03 November 19, 2013
Page 3 -
2. The proposed zoning is in compliance with the provisions of the California Environmental
Quality Act (CEQA).
The proposed project includes the rezoning of the site from Parks and Open Space to Planned Industrial
Park. With this change in designation, the amount of land designated for ficture parks in the City will be
reduced. This would exacerbate an existing shortage of parkland in this part of the City. None of the
private open space in the proposed development is proposed to be accessible by the public as a recreational
use. Because the change in the designation and subsequent rezoning of the park would be considered a.
significant impact under CEQA, as a mitigation measure the applicant shall either (i) provide sufficient
funds for the acquisition of 1.1 acres of property by the City for future park development, or (ii) agree to
purchase (unless other property currently owned by the applicant is proposed) and dedicate to the City
1.1 acres elsewhere in the City as Parks and Open Space, subject to the satisfaction of the City, provided
the land would be publicly accessible, as well as pay for the construction of park improvements and for
long term maintenance of the park. This obligation of the applicant to provide either funds for purchase,
construction and maintenance of parkland or provide parkland, fund construction of improvement and
maintenance of the park would adequately offset the loss of the park and recreation area. This mitigation
measure reduces the impact to less than significant and therefore, the change in the zoning designation is
in compliance with the provisions of CEQA. As set out more fully in the Resolution of the Planning
Commission of the City of Cupertino recommending certification of An Environmental Impact Report for
the Apple Campus 2 project, and recommending Adoption of Findings and a Statement of Overriding
Considerations, Mitigation Measures, and a Mitigation Monitoring and Reporting Program, the project
complies with CEQA.
3. The site is physically suitable (including, but: not limited to, access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the
requested zoning designation(s) and anticipated land use development(s).
The Project site as designed is physically suitable for this development. The Project is designed to be not
visible to adjacent property owners and thus, will have limited impacts upon the adjacent land uses. The
existing utilities to the Project will be enhanced, modified, or replaced, or parallel systems constructed to
accommodate the increased needs of this development. In addition, In order to reduce its impact on the
environment, the Project will utilize onsite photovoltaics and fuel cells and obtain the remainder of its
energy needs from the State of California Direct Access Program, off -site Apple -owned renewable energy
projects or grid- purchased renewable energy. The Project will be compatible with the surrounding uses
and minimize its impacts upon the neighborhood and the environment.
4. The proposed zoning will promote orderly development of the City.
The Zoning Map designates the majority of the site Planned Development (Industrial Park) (P(MPA
which similarly allows, among other uses, research and development and supporting uses. Tlie Planned
Development district allows the City flexibility to create project specific development standards. The
existing development on the project site is not a unified corporate campus. The new Project will demolish
numerous buildings across the site and consolidate the office usage mainly into one large building with
additional buildings located east of Tantau Avenue. The single user campus will be an organized, orderly
Ordinance No. 13 -2113 Z- 2011 -03 November 19, 2013
Page 4
development within the City and will be constructed in a relatively short period of time. This project
would also further General Plan policies related to Maintaining Cohesive Office Parks (Policy 2 -44) and
provide significant revenues to the City from increased sales tax revenue (Policy 2 -42) The Project also
promotes: Policy 2 -40 (maintaining the vitality of business and manufacturing) and Policy 2 -20,
Strategy 3 (diversity of land use, major companies). Finally, the project also proposes to make
improvements for the alternate Calabazas Creek trail furthering Policy 2 -73, Trails. Therefore, the
proposed development substantially conforms to the General Plan and is substantially consistent with the
underlying Zoning.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of subject parcels.
The Project is designed to minimize the impact upon the surrounding community and the environment.
In order to reduce its impact on the environment, the Project will utilize onsite photovoltaics and fuel
cells and obtain the remainder of its energy needs from the State of California Direct Access Program, off -
site Apple -owned renewable energy projects or grid - purchased renewable energy. The Project 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 mechanical cooling making for a more efficient and better work
environment. The project has been designed to minimize its impact upon the 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 Plan 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 would enable
employees to attend to their general health and incorporates many jogging trails and an on -site bike
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 more than 100 acres. The landscape design
Of meadows and woodlands will create an ecologically rich oak savanna reminiscent of the early Santa
Clara Valley. It will incorporate both young and mature trees, and native and drought tolerant plants,
that are reasonably expected to thrive in Santa Clara County with minimal water consumption. In
addition, the project includes some orchard fruit trees, the fruit from which will be used at the on -site
dining facilities furthering sustainability principles that the project is striving for. 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 access has been designed to consolidate entry
and exit in order to reduce conflict with pedestrian and bicycle activity and is directed away from 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.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
That after careful consideration of the, maps, facts, exhibits, testimony, public comment, and
other evidence submitted in this matter, the City Council based upon the findings described
above, the public hearing record and subject to the following, finds:
Ordinance No. 13 -2113 Z- 2011 -03 November 19, 2013
Page 5
Section 1. That the property described in attached Exhibits Z -1 & Z -2, is hereby rezoned to:
P(MP), Planned Industrial Park; and that Exhibit Z -2 attached hereto is made part of the
Master Zoning Map of the City of Cupertino; and
Section 2. That this ordinance shall take effect and be in force thirty (30) days after its
passage, as modified above.
INTRODUCED at an adjourned regular meeting of the City Council of the City of Cupertino
the 15th day of October 2013 and ENACTED at an adjourned regular meeting of the City
Council of the City of Cupertino the 19th day of November, 2013, by the following vote:
Vote: Members of the City Council:
AYES: Mahoney, Wong, Chang, Santoro
NOES: None
ABSTAIN:
None
ABSENT:
None
RECUSE:
Sinks
ATTEST:
c2L I (—z2 —r 3
Grace Schmidt, City Clerk
Mahoney, Maydr, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex- officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 13- 2113, which was
enacted on November 19, 2013, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 20th day of November, 2013.
GRACE SCHMI )T,,City Clerk and Ex- officio Clerk
of the City Coun`cil'of ,the City of Cupertino, California
- - Ordinance Certificate
EXHIBIT Z -1
LEGAL DESCRIPTION
FOR REZONING
AREA TO BE REZONED TO P(MP)
EXHIBIT Z -1
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 6 AS SHOWN ON THAT CERTAIN PARCEL
MAP RECORDED IN BOOK 329 OF MAPS AT PAGE 49, SANTA CLARA COUNTY RECORDS, SAID POINT
BEING ON THE NORTHEASTERLY RIGHT -OF -WAY LINE OF THE JUNIPERO SERRA FREEWAY (1 280);
THENCE
NORTH 39 °51'28" EAST, A DISTANCE OF 713.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 59 °59'32" WEST, A DISTANCE OF 192.00 FEI ='f; THENCE
SOUTH 30 °00'28" WEST, A DISTANCE OF 47.00 FEET; THENCE
NORTH 59 °59'32" WEST, A DISTANCE OF 45.55 FEET; THENCE
ALONG THE ARC OF A NON- TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 41.00 FEET, THE
CENTER OF WHICH BEARS NORTH 5 °51'55" WEST, 'THROUGH A CENTRAL ANGLE OF 43 °14'25 ", AN
ARC DISTANCE OF 30.94 FEET; THENCE
NORTH 40 °53'40" EAST, A DISTANCE OF 27.17 FEET; THENCE
SOUTH 49 °06'20" EAST, A DISTANCE OF 49.00 FEET; THENCE
NORTH 40 °53'40 EAST, A DISTENCE OF 235.83 FEET TO A POINT ON THE CENTERLINE OF PRUNE RIDGE
AVENUE, 92 FEET WIDE; THENCE ALONG SAID CENTERLINE OF PRUNERIDGE AVENUE
SOUTH 49 °06'20" EAST, A DISTANCE OF 51.82 FEET; THENCE
ALONG THE ARC OF A NON- TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET, THE
CENTER OF WHICH BEARS NORTH 40 °53'08" EAST, THROUGH A CENTRAL ANGLE OF 6 °59'54 ", AN
ARC DISTANCE OF 76.29 FEET; THENCE
SOUTH 39 °51'28" WEST, A DISTANCE OF 302.30 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 1.18± ACRES, MORE OR LESS.
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DATE : 9/23/13 ZONING PLAT MAP SHEET
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APPROVED BY: ASC RIDGEVIEW COURT 1
DRAWING NO.:
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