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Reso 061ASA -2016-02 CITY OF CUPERTINO 10300 Torre Avenue Cuu.lpen°tin®, California 95014 RESOLUTION NO. 61 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR THE RECEPTION BUILDINGS, MAINTENANCE SHED AND OUTDOOR FOOD STATIONS FOR PHASE 2 OF A PREVIOUSLY APPROVED OFFICE, RESEARCH AND DEVELOPMENT CAMPUS (APPLE CAMPUS 2, PHASE 2) SECTION I: PROTECT DESCRIPTION Application No.: ASA -2016-02 Applicant: , I Dan Whisenhunt Property Owner: Apple, Inc. Location: Property bounded by Homestead Road t® the north, N. Tan tau Avenue to the east, 1-280 t® the south and N. Wolfe Road t® the west (APNs: 316-06-061 and 316-07-044) WHEREAS, based on substantial evidence in the administrative record, on October 15, 2013, the City Council held a public hearing t® consider the approval of an office, research and development campus; and WHEREAS, after consideration ®f evidence contained in the entire administrative record, at the public hearing ®nOctober15, 2013, the City Council adopted Resolution No. 13-082 certifying the EIR, adopting Findings and a Statement ®f Overriding Considerations, adopting Mitgati®n Measures, and adopting ®f a Mitigation Monitoring and Reporting Program; and WHEREAS, the City Council approved an office, research and development campus f®r Apple Inc. including entitlements f®r a phased development ®f the campu I s which included the development ®f properties along N. Tantau Avenue in separate phases; and WHEREAS, an application was received by the City (Application ASA -2016-02) for Architectural and. Site Approval for the reception buildings, maintenance shed and outdoor food; and WHEREAS, the Architectural and Site Approval is required for the previously approved Planned Development Permit; and WHEREAS, the necessary public notices have been given as required by the procedural ordinances ®f the City ®f Cupertino and the Government Code, and the Administrative Hearing Office held a public meeting ®n in regard to the applications; and Resolution No. 61 ASA -2016-02 April 14, 2016 Page 2 NOW, THEREFORE, BE IT RESOLVED: After careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter, the Administrative Hearing Officer hereby approves Application No. ASA -2016-02 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. 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 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 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. Resolution No. 61 ASA -2016-®2 April 14, 2®16 Page 3 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. meet the height restrictions of the General Plan. ne proposed, meet the development regulations for the Planned Development permit 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 destruucti®n 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 food stations will not be visible from public viewing areas because the proposed location would be within the interior central court yard of the main building. Generally, the receptions buildings will be visible from the public right-of-way due to its intended purpose of receiving visitors along North Wolfe Road and North Tantau Avenue. Both buildings are one-story structures that are each 12'-3" in height with a transparent glass faqade. The maintenance shed is a one-story structure that is 14'-0" in height, with visibility minimized or screened entirely through its location setback over 25'-O"from the property line and placement near the southwest corner of the site adjacent to the parking structure and 1280 sound wall. All structures are additionally screened by proposed trees. 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 ple * asing. Storage areas and service buildings will be shielded from view or set back sufficiently 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 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. Resolution No. 61 ASA -2016-02 April 14, 2016 Page 4 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. The Project approval does not propose any signage; 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 proposed structures are less than 15 feet in height and are located in areas not adjacent to residential neighbors. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set received for application ASA -2016-02, consisting the following plans sets prepared by Foster + Partners, OLIN, and Luk and Associates, except as may be amended by conditions in this resolution: a. Plans dated February 19, 2016 labeled "Reception Buildings," consisting of 21 sheets. b. Plans dated February 19, 2016 labeled "Maintenance Shed," consisting of 12 sheets. c. Plans dated February 19, 2016 labeled "Outdoor Food Stations," consisting of 18 sheets. 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. PLAZA SPACE AND SITE FENCE LOCATION a. The plaza spaces at the reception buildings shall be modified and expanded by relocating the site fence behind the proposed building to promote a view corridor to the main building and to be consistent with the intent of the approved Planned Development permit conceptual plans. b. The site fencing shall be located such that landscaping, rather than the fence itself, would be the prominent visual feature. The applicant shall provide a separate plan for final fence locations, which shall be subject to the review and approval of the Community Development Director. C. Public art shall be incorporated into the plaza spaces, subject to review and approval by the Fine Arts Commission. Resolution No. 61 ASA -2016-02 April 14, 2016 ]gage 5 4. VEHICULAR ICULAR GATlES Vehicular gates along any arterials, including North Wolfe Road and North Tantau Avenue, shall remain ®pens between the hours ®f 7 a.m. and 8 p.m. The gates shall be located such that a minimum ®f two vehicles may queue on site and t® prevent stacking ®f vehicles outside the driveway along arterials. 5. CONCURRENT APPROVAL CONDITIONS The conditions ®f approval ®f to Apple Campus 2 entitlements dents ad rusted amendments is s]halll be applicable to this approval, *including but not limited to file numbers bers GPA -2011-03, Z-2011- 03, DP -2011®04, U-2011-11, ASA -2011-14, TM -2011-03, DA -2011-01, lEA-2011-12 and TR -2011-39. 6. , LANDSCAPE PLAN The final landscaping ]plan shall be reviewed) and approved by the Pring Division prior t® issuance of building ]permits. 7. BICYCLE PARKING The applicant t slhall ]provide bicycle parkinggg and bike racks f®r the proposed ]project in accordance with the City's Parking Regulations under Chapter 19.124 of to Cupertin® Municipal Code. 8. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible t® consult with ®Ahem departments and/®r agencies with regard t® the proposed ]project f®r additional conditions and requirements. Any misrepresentation ®f any submitted data may invalidate an approval by the Community Development Department. 9. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited t® details ®n exterior color, maternal, architectural treatments and/®r embellishments) shall be reviewed and approved by the Direct®r ®f Community Development 1prn®r t® issuance ®f building ]permits. The Final building exterior ]plan shall closely resemble the details shown on the original approved ]plans, with the added required modification t® incorporate measures t® reduce light and privacy intrusion ®f the two testing facilities on the residences t® the east; such measures could include theruse ®f opaque glass t® a height ®f five feet on the second floor (opaque glass already proposed ®n the first ill®®r), ®r some ®Ahem form ®f screening approved by the Planning Division, ®n the east facing walls and the north facing wall ®f the 'Vesting ]Facilities North building. Any exterior changes determined t® be substantial by the Direct®r ®f Community Development shall require a min®r modification approval with neighborhood input. 8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions ®f ]project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant t® Government Code Sects®n 66020(d) (1), these Conditions constitute written notice ®f a statement ®f the amount ®f such fees, and a description ®f the dedications, reservations, and other exactions. You are ]hereby further notified that the 90 -day approval ]peri®d in which y®u may protest these fees, dedications, reservations, and other exactions, ]pursuant t® Government Code Sects®n 66020(a), Resolution No. 61 ASA -2016-02 April 14, 2016 Page 6 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 Planning 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. AMENITY SPACES Unless specifically reviewed and approved as part of a separate application, any area within the proposed Phase 2 buildings designated as an amenity shall not be converted to a non -amenity use subject to the Apple Campus 2 Development Agreement. 12. 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 Resoluuti®n No. 61 ASA -2016-02 April 14, 2016 ]gage 7 shat either be replaced ®r be revved through appropriate adjuAstmen is in water, nutrients, ts, pest control ®r other factors as recommended by a landscaping professional. 15. SOIL ANALYSIS REPORT T A soils analysis report shall document the various characteristics ®f the soil (e.g. texture, infiltration rate, pH, soluble salt content, t, 1percen t organic matter, etc) and provide recommendations dat®nes for amendments is as appropriate t® optimize the productivity and water efficiency ®f the soil. The soil analysis report shall be made available to the professionals preparing the landscape and irrigati®n design plans in a welly manner either before ®r during the design process. A copy ®f the soils analysis report shall be submitted t® the Director ®f Community Development as pant ®f to landscape documentation package. 16. UTILITY STRUCTURE PLAN Prior to.issuance ance ®f building permits, the applicant shall work with staff to provide a detailed utility plans t® demonstrate screening ®r uundlergr®uundgng ®f all new utility structures [including, but not limited t® lbackf]l®w preventers (B FP), fie department connections (]FDC), post -indicator valves (PPV), and gas meters] to the satisfaction ®f the Director ®f Community Development, Public Works, Fire Department, and applicable utility agencies. 17. SCREENING All mechanical and other equipment ®n the building ®r ®n the site shall be screened s® they are not visible from public street areas ®r adjoining developments. Screening materials/colors shalll. match building features and materials. The height ®f the screening shall be taller than the height ®f the mechanical equipment that it is designed t® screen. The location of I equuipment and necessary screening shall be reviewed and approved by the Direct®r of Community Development prior to issuance ®f building permits. 18. INDEMNIFICATION To the extent permitted by Yaw, the applicant shall indemnify and hold harmless the City, its City Council., its officers, employees and agents (the "indem nified parties") from and against any claim, action, or proceeding brought by a third party against to indemnified parties and the applicant t® attack, set aside, ®r void this Resolution, ®r any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense ®f to litigation. The applicant and City shall use best efforts t® select mutually agreeable legal couunsel t® defend such action, and to applicant shall pay all compensation for such legal counsel, following the applicant's receipt ®f invoices fr®m City, together with reasonable supporting documentation. Such. comlpensat®n shall include reasonable compensation paid to couunsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and ®-Ten° City staff overhead costs and any costs directly related to the litigati®n reasonably incurred by City. If the applicant and to City cannot in good faith agree ®n joint counsel, the City shall have to right t® retain counsel ®f its own choosing, separate from the applicant's fitigat®n counsel. Resolution No. 61 ASA -2016-02 April 14, 2016 Page 8 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. 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 14th day of April, 2016 at a noticed Public Meeting of the Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section 19.12.120. AYE: HEARING OFFICER: Fu NO: HEARING OFFICER: none ATTEST: Catarina Kidd Senior Planner APPROVED: Benjamin Fu Assist. Dir. of Community Development