Reso 036 ASA-2014-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 36
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR PHASE
2A (SITES C AND D)OF APPLE CAMPUS 2
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2014-08 (EA-2011-12)
Applicant: Wolfgang Wagener (Apple Campus 2)
Property Owner: Apple,Inc.
Location: Properties located east and west of N. Tantau Avenue bounded by Calabasas
Creek to the north and west,City of Santa Clara limits to the east,and Interstate
280 to the south (APNs:316-06-038&-039;and 316-18-025 thru-027)
WHEREAS, based on substantial evidence in the administrative record, on October 15, 2013, the City
Council held a public hearing to consider the approval of an office, research and development
campus; 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. 13-082 certifying the EIR,
adopting Findings and a Statement of Overriding Considerations, adopting Mitigation Measures, and
adopting of a Mitigation Monitoring and Reporting Program; and
WHEREAS, the City Council approved an office, research and development campus for Apple Inc.
including entitlements for a phased development of the campus which included the development of
properties along N. Tantau Avenue in separate phases; and
WHEREAS, an application was received by the City (Application ASA-2014-08) for Architectural and
Site Approval to allow office, research and development facilities in three buildings, associated
parking structure, restaurant and site improvements for Phase 2 of a previously approved office,
research and development campus; and
WHEREAS, an application was received by the City (Application No. TR-2014-59) to refine a
previously approved Master Tree Removal Permit (TR-2011-39) for an office, research and
development campus; and
WHEREAS, the Architectural and Site Approval is required for the previously entitled office, research
and development buildings with associated parking facilities; and
WHEREAS, the Tree Removal Permit is required to allow refinements to the previously approved
Tree Removal Permit; and
Resolution No.36 ASA-2014-08 November 13,2014
Page 2
WHEREAS, the necessary public notices have been given as required by the procedural ordinances of
the City of Cupertino and the Government Code, and the Administrative Hearing Office held a public
meeting on November 13,2014 in regard to the applications; and
NOW,THEREFORE,BE IT RESOLVED:
After careful consideration of the, maps, facts, e�chibits, testimony and other evidence submitted in this
matter, the Administrative Hearing Officer hereby approves Application No. ASA-2014-08 based upon
the findings described in Section II of this resolution, the administrative record, and subject to the
conditions specified in Sections III,IV and V of this resolution.
SECTION II: FINDINGS
WHEREAS,the Administrative Hearing Officer finds that:
1. The proposal, at the proposed location, 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;
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
minimize its impact upon the neighbors, adjacent roads and freeways and the environment. Appropriate
mitigation measures to address traffic impacts along with the implementation 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 project will be part of a corporate bike sharing program. The project also has an on-site restaurant with
several smaller indoor and one outdoor dining facility.
The project increases the amount of landscaped green space over the existing conditions. The project will
incorporate both young and mature trees, and native and drought tolerant plants, that will thrive in Santa
Clara County with minimal water consumption. The project proposes to add at least 780 additional trees to
the site and increase the pervious surface areas on site significantly improving stormwater quality and
reducing run-off. Adequate emergency access has been provided on site. 1'he 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 plan,
zoning ordinances, applicable planned development permit, conditional use permits, variances,
subdivision maps or other entitlements to use which regulate the subject property including, but
not limited to, adherence to the following specific criteria:
The project is in compliance with the General Plan and the Zoning regulations governing the project site.
The architecture of the proposed project particularly furthers General Plan Policy 2-14:Attractive Building
and Site Design "by careful attention to building scale, mass 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 Policy including articulation and
Resolution No.36 ASA-2014-08 November 13,2014
Page 3
segmentation of wall and roof planes, visual openings in the wall plane, appropriate setbacks and
hierarchical landscaping. The parking for the project is provided in structured parking located farthest away
from adjacent neighbors on the east side and in underground parking on the west side.
a. Abrupt changes in building scale should be avoided. A gradual transition related to height
and bulk should be achieved between new and existing buildings.
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 Plan. The structure on the site meet the development regulations for the
Master Plan approved for the project. The applicant is retaining existing mature trees along the rear
property line shared with residences in the City of Santa Clara. These trees help screen the new
buildings from the neighbors.
b. In order to preserve design harmony between new and existing buildings and in order to
preserve and enhance 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 and purposes of the
zone in which they are situated. The location, height and materials of walls, fencing, hedges
and screen planting should harmonize with adjacent development. Unsightly storage areas,
utility installations and unsightly elements of parking lots should be concealed. The planting
of ground cover or various types of pavements should be used to prevent dust and erosion,
and the unnecessary destruction of existing healthy trees should be avoided. Lighting for
development should be adequate to meet safety requirements as specified by the engineering
and building departments and provide shielding to prevent spillover light to adjoining
property owners.
The buildings will be visible from the public right-of-way but minimally from the neighboring
properties due to the existence of mature trees along the property line. The project proposes to demolish
all existing buildings and structures on the site and convert an outmoded business park into a world-
class corporate campus with a significant increase in open space and pervious surface. The property
values in the adjacent area will be maintained or enhanced due to proximity to this employment center.
The walls, 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 back from the property line to not be visible. Permeable surface area has
been increased greatly on the site in order to increase open space. The destruction of healthy trees has
occurred where there are direct conflicts, but will be replaced by more trees than are removed. The
lighting for the development has been designed so as to not spill over onto adjacent properties. 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.
c. The number, location, color, size, height, lighting and landscaping of outdoor advertising
signs and structures shall minimize traffic hazards and shall positively affect the general
appearance of the neighborhood and harmonize with adjacent development.
Resolution No.36 ASA-2014-08 November 13,2014
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The Project approval does not propose any signage and therefore this finding does not apply to this
project. However,Apple will file separate signage permits in the future which will be reviewed, in order
to minimize impact upon traffic, the general appearance of the neighborhood and harmonize with
adjacent development.
d. With respect to new projects within existing residential neighborhoods, new development
should be designed to protect residents from noise, traffic, light and visually intrusive effects
by use of buffering, setbacks,landscaping, walls and other appropriate design measures.
The Project is designed to minimize impacts upon adjacent neighborhoods by the use of tree planting
and extensive setbacks to minimize the visibility of the buildings and to ensure that light and glare do
not spill onto adjacent development. The parking structure is located at the southern edge of the
property and will be minimally visible only from the freeway. Large landscaped buffers are being
proposed along the shared property lines while the buildings are setback significantly from residential
developments. As described in the EIR, operational noise levels will be minimal due to both the setbacks
and the nature of the operations and construction noise will be mitigated through the construction of a
temporary soundwall during construction.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set dated October, 2014 consisting of 73 pages labeled Title Page,
P-1.10, P-1.21,P-1.30, P-1.40, P-1.20, P-1.50, Site - Masterplan, P-2.20, P-2.21, P-2.30, P-2.31, P-
2.40, P-2.41, P-3.00, Site - Civil, P-3.10, P-3.20, P-3.21, P-3.30, P-3.31, P-3.40, P-3.50, Site -
Landscape, P-4.00, P-4.09, P-4.10, P-4.15, P-4.16, P4.20, P4.30 - P4.33, P4.40, P4.41, P4.50, P4.60,
P4.70, Architecture - Office, P-5.00, P-5.01, P-5.03, P-5.10, P-5.20, P-5.30, Architecture - Testing
Facilities,P-6.00, P-6.01,P-6.10,P-6.20,P-6.30,P-7.00, P-7.01, P-7.10, P-7.20,P-7.30, Architecture-
Parking Structure, P-8.00 - P-8.03, P-8.10 - P-8.30, Architecture - Visualizations, and P-9.00 - P-
9.05, titled "Apple Campus 2 - Phase 2, North Tantau Ave - Sites C + D, Site & Architectural
Review, October 2014" prepared by Foster + Partners, OLIN, and Luk and Associates, except as
may be amended by conditions in this resolution.
2. ACCURACY OF 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. GPA-2011-03, Z-2011-03, DP-2011-04, U-2011-
11, ASA-2011-14, TM-2011-p3, DA-2011-01, EA-2011-12 and TR-2011-39 shall be applicable to
this approval.
4. LANDSCAPE PLAN
The final landscaping plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits.
Resolution No.36 ASA-2014-OS November 13,2014
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5. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in
accordance with the City's Parking Regulations under Chapter 19.124 of the Cupertino
Municipal Code.
6. 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.
7. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments and/or embellishments) shall be reviewed and approved by
the Director of Community Development prior to issuance of building permits. The final
building exterior plan shall closely resemble the details shown on the original approved plans,
with the added required modification to incorporate measures to reduce light and privacy
intrusion of the two testing facilities on the residences to the east; such measures could include
the use of opaque glass to a height of five feet on the second floor (opaque glass already
proposed on the first floor),or some other form of screening approved by the Planning Division,
on the east facing walls and the north facing wall of the Testing Facilities North building. Any
exterior changes determined to be substantial by the Director of Community Development shall
require a minor modification approval with neighborhood input.
8. 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.
9. LIGHTING
Prior to issuance of the applicable permit for exterior and site lighting for Phase 2A, the
applicant shall submit an outdoor lighting photometric plan to the Plannulg Division for final
review and approval.
10. SOUNDWALL SCREENING
Prior to issuance of a building permit for Phase 2A, the applicant shall submit revised landscape
plans identifying landscape screening of the soundwall along I-280 for review and approval of
the Planning Division.
11. PARKING STRUCTURE DESIGN
Prior to issuance of a building permit for Phase 2A, the applicant shall submit revised plans for
the parking structure eliminating the previously proposed mesh architectural element. The
applicant shall also incorporate measures to minimize light disturbance for the residences to the
east; such measures could include a screen at the northeast corner of the structure (consistent
with the screen at the main Apple Campus 2 parking structure) to block headlights directed
toward the residences and the use of sensor lights between the hours of 8:00 p.m. and 6:00 a.m.
Resolution No.36 ASA-2014-OS November 13,2014
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to �nimi�e lighting when the structure is generally not in use. The final design of the parking
structure shall be subject to review and approval of the Planning Division.
12. PLAN AMENDMENTS
Unless specifically reviewed and approved as part of a separate application, the addition of a
roof element on the satellite plant building shall be prohibited and any area within the proposed
Phase 2A buildings designated as an amenity shall not be converted to a non-amenity use
subject to the Apple Campus 2 Development Agreement.
13. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter
14.15). A landscape installation audit shall be conducted by a certified landscape professional
after the landscaping and irrigation system have been installed. The findings of the assessment
shall be consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that
the landscaping and irrigation system are installed as specified in the landscape and irrigation
design plan, system tune-up, system test with distribution uniformity, reporting overspray or
run-off that causes overland flow,and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan
and complies with the criteria of the ordinance and the permit."
14. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be
established and submitted to the Director of Community Development or his/her designee,
either with the landscape application package, with the landscape installation report, or any
time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period
and water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control;
and removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be
size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants
shall either be replaced or be revived through appropriate adjustments in water, nutrients,
pest control or other factors as recommended by a landscaping professional.
15. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture,
- infiltration rate, pH, soluble salt content, percent organic matter, etc) and provide
recommendations for amendments as appropriate to optimize the productivity and water
efficiency of the soil.
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The soil analysis report shall be made available to the professionals preparing the landscape and
irrigation design plans in a timely manner either before or during the design process. A copy of
the soils analysis report shall be submitted to the Director of Community Development as part
of the landscape documentation package.
16. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a detailed
utility plan to demonstrate screening or undergrounding of all new utility structures [including,
but not limited to backflow preventers (BFP), fire department connections (FDC), post-indicator
valves (PI�, and gas meters] to the satisfaction of the Director of Community Development,
Public Works,Fire Department,and applicable utility agencies.
17. SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are
not visible from public street areas or adjoining developments. Screening materials/colors shall
match building features and materials. The height of the screening 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.
18. 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. The applicant 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, following 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 any costs directly
related to the litigation reasonably incurred by City. If the 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 the applicant's litigation counsel.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
19. CONCURRENT APPROVAL CONDITIONS
The project shall comply with the conditions of approval required as part of the Apple Campus
2 entitlements and related amendments.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
20. ACCESS ROADWAYS
Fire Department access roadways shall conform to Santa Clara County Fire Department
Standards.
Resolution No.36 ASA-201408 November 13,2014
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21. SECONDARY EMERGENCY ACCESS
Secondary emergency access mitigations shall be provided as specified in the letter from Apple
Inc, dated October 16,2014.
PASSED AND ADOPTED this 13�' day of November, 2014 at a Regular Meeting of the Administrative
Hearing Meeting of the City of Cupertino, State of California,by the following roll call vote:
AYE: HEARING OFFICER: Chao
NOE: HEARING OFFICER:
ATTEST: APPROVED:
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Piu Ghosh
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Senior Planner Assist.Dir. of Community Development
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