Reso 048 ASA-2015-15
CITY OF CUPERTIlVO
10300 Torre Avenue
Cu ertino, California 95014
P
RESOLUTIOlV 1V0. 48
OF'�H�ADMIlVISTRATIVE HEARING MEE'TING OF'T�IIE CIT'Y OF
CZJPERTIlVO APPROVIIVG AlV ARCHITECTURAL AlVI�SITE APPROVAL
PERMIT�OR A PARKING STIZUCTURE AlVD IZECEPTIOl�T Al2EA AS I'ART OF
A PREVIOLTSLY APPROVED OFFIC�, �2ESEAIZCI�ANY�DEVELOI'1VI]EIVT
CANII'US
SECTIOlV�: PROZECT DESCRIPTIOlV
Application IVo.: ASA-2015-15 (EA-2011-12)
Applicant: Bernard Baker (Apple Inc.)
Property Owner: Apple,Inc.
Location: 107001V. Tantau Ave (AI'1V: 316-09-028)
` 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 I�esolution 1Vo. 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
Ync. including entitlements for a phased development of the campus which included the
development of properties along N. Tantau Avenue in separate phases; and
W�-IEREAS, an application was received by the City (Application ASA-2015-15) for
Architectural and Site approval to review a parking structure and reception area as part of a
previously approved 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 '
W�i�REAS, 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
Officer held a public meeting on July 9, 2015 in regard to the applications; and '
Resolution No.48 ASA-2015-15 July 9,2015
Page 2
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-2015-15
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. 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. The project will be part of a corporate bike
sharing program. Adequate buffer and screening has also been provided around the project to allow
privacy and to reduce impacts to neighbors.
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 244 additional
trees to the site and improve the pervious surface areas on site thereby improving stormwater quality
and reducing run-off. 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
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 Strategy LU-3.3.1:
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 segmentation of wall and roof planes, visual openings in the
wall plane, appropriate setbacks and hierarchical landscaping. While a minimal amount of parking is
provided on the surface, most of the parking is in structured parking located underground. The
amount of parking provided is based on the amount required based on a study conducted with the
Resolution No.48 ASA-2015-15 July 9,2015
Page 3
ori inal ermit a roved or the cam us ' ro'ect. The arking provided on site is primarily for the
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_ corporate auditorium during event days and employee parking on non-event days.
a. Abrupt changes in building scale should be avoided. A gradual transition related to
height and bullc 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
meet the height restrictions of the General Plan. The structuYes 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 and a new fence 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 are expected to 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 at 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.48 ASA-2015-15 July 9,2015
Page 4
The Project approval does not propose any signage and therefore this finding does not apply to
this project. However, separate signage permit applications will be submitted 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 project driveways are designed to limit
movement from the driveway closest to the residences into the neighborhood. The visitor
reception/cafe and store is located at the southern and western edge of the property—as far away
from the residences as possible. 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 53 pages labeled Title
Page, P-VC-1.10, P-VC-1.20,P- VC -1.30, P- VC -1.40, P- VC -1.50, Site —Masterplan, P-VC-
2.20, P-VC-2.21, P-VC-2.40, Site—Civil, P-VC-3.00, P-VC-3.10, P-VC-3.20, P-VC-3.21, P-VC-
3.30, P-3.31, P-VC-3.40, P-VC-3.50, Site — Landscape, P-VC-4.00, P-VC-4.09, P-VC-4.10, P-
VC-4.15, P-VC-4.16, P-VC-4.20, P-VC-4.30, P-VC-4.31, P-VC-4.32, P-VC-4.33, P-VC-4.40, P-
VC-4.41, P-VC-4.50, P-VC-4.60, P-VC-4.70, Architecture—Visitor Center & Parking, P-VC-
5.00, P-VC-5.01, P-VC-5.02, P-VC-5.03, P-VC-5.04, P-VC-5.10, P-VC-5.20, P-VC-5.30, P-VC-
5.31, P-VC-5.53, P-VC-5.54, P-VC-5.55, P-VC-5.60, P-VC-5.70, Architecture—Visualizations,
P-VC-6.00, P-VC-6.01, titled "Apple Campus 2 — Phase 1, North Tantau Ave — Site A, Site
& Architectural Review, April 2015" prepared by Foster + Partners, OLIN, and Luk and
Associates, except as may be amended by conditions in this resolution.
2. 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-2011-03, DA-2011-01, EA-2011-12, TR-2011-39, DIR-2014-11
shall be applicable to this approval.
3. 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,
Resolution No.48 ASA-2015-15 July 9,2015
Page 5
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. COIVSUI..TATION WITH OTHER DEPARTMElV'TS
The applicant is responsible to consult with other departments and/or agencies with
'ect for additional conditions and re uirements. An
re ard to the ro osed ro q Y
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misre resentation of an submitted data ma invahd pp y ty
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Development Departrnent.
5. I'ARKING STALL,S -
The maximum number of parking stalls provided on this site shall be no more than
required to provide a total of 9,240 spaces in Phase 1 of the campus project (currently 788
spaces). The final parking layout shall be reviewed and approved by the Department of
Community I�evelopment prior to issuance of building permits.
6. 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.
7. INGRESS/EGRESS EASEMEIVT
The property owner shall record an appropriate deed restriction and covenant running
with the land, subject to the approval of the City Attorney, to provide the necessary
reciprocal ingress and egress easements to and from the adjoining site to the north for
purposes of pedestrian and vehicular access and cross circulation as shown on the
approved plans. The deed restriction and covenant shall provicle that such access shall be
implemented at such time as the city can require participation in shared access of the
property owner to the north through a plannulg permit.
8. �OOF DECK SCREENIIVG
Prior to building permit issuance, the location, design and materials of the proposed roof
deck screening shall be reviewed and approved by the Department of Community
Development to ensure adequate screening is provided to the adjoining properties.
9. LIGHTIlVG
Prior to issuance of the applicable permit for exterior and site lighting for the Visitor
Center ancl Parking Garage, the applicant shall submit an outdoor lighting photometric
plan to the Planning Division for final review and approval.
Resolution No.48 ASA-2015-15 July 9,2015
Page 6
10. GLASS ELEVATOR LOBBY/SHAFT
The applicant shall reduce the height of the two glass elevator lobbies/shaft to be no taller
than sixteen(16) feet in height to comply with the maximum building height allowed.
11. 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 facility on the residences to the east; such
measures could include the use of opaque screening materials to a height of six feet on the
second floor, or some other form of screening approved by the Planning Division. Any
exterior changes determined to be substantial by the Director of Community Development
shall require a minor modification approval with neighborhood input.
12. 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.
13. UTILITY STTZUCT'URE 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 (PIV), and gas meters] to the satisfaction of the
Director of Community Development, Public Works, Fire Department, and applicable
utility agencies.
14. 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.
Resolution No.48 ASA-2015-15 July 9,2015
Page 7
15. LANDSCAPE PLA1�T
T�e final landscaping plan shall be reviewed and approved by the P1��uluzg Division prior
to issuance of building permits.
16. LAlVI�SCAP�IIVSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (C1V�C,
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
llation re ort.
of the assessment shall be consolidated into a landscape ulsta p
The landscape installation report shall include, but is not limited to: inspection to confirm
m are installed as s e
cified in the landsca e and
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that the lanciscap g g y p
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."
17. LANDSCAPE AND IRRIGATION MAINTENAIVCE
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. 1Vlaintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjust�nent 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.
18. SOIL AIVALYSIS 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.
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
Resolution No.48 ASA-2015-15 July 9,2015
Page 8
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.
19. 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
20. CONCURRENT APPROVAL CONDITIONS
The project shall comply with the conditions of approval required as part of the Apple
Campus 2 entitlements and related amendments.
21. LEFT TURN LANE FROM TANTAU AVE
Applicant shall work with the Public Works Department to establish an acceptable left-
turn configuration from Tantau Avenue into the project site. This may include
lengthening the left-tum pocket, modifying the intersection of Tantau Ave and Pruneridge
Ave to permit U-turn movements, or other means as permitted by the Public Works
Department.
22. CONNECTION TO PUBLIC STORM DRAINAGE
Project must connect to the public storm drain system at manholes. Direct connections to
storm drain pipes, or to the back side of drain inlets/catch basins are not permitted
without written consent from the Director of Public Works.
Resolution No.48 ASA-2015-15 July 9,2015
Page 9
PASSED AlVD AI�OPTED this 9th day of July, 2015 at a duly noticed Public Meeting of the
Administrative I�earing Officer of the City of Cupertino, State of California, held by the
Director of Community Development, or his or her designee, pursuant to Cupertino 1Vlunicipal
Code Section 19.12.120.
ATTEST: APPROVED:
� ,
Piu Ghosh Aarti Shrivastava
Senior I'lanner Assistant City 1V�anager