ERC 09-26-2013Community Development Department
Cupertino, CA 95014
(408) 777 -3308
0
APPROVED MINUTES OF THE SPECIAL MEETING OF THE ENVIRONMENTAL
REVIEW COMMITTEE HELD ON September 26, 2013
Committee Members:
Committee Members absent:
Staff present:
Margaret Gong
David Brandt
Barry Chang (arrived at 9:38 a.m.)
Timm Borden
Aarti'Shrivastava
Don Sun
Piu Ghosh
APPROVAL OF MINUTES: August 1, 2013
ACTION: Approval of minutes from August 1, 2013
MOTION: David Brandt
SECOND: Timm Borden
ABSTAIN: Margaret Gong
VOTE: 3 -1 -1 (Chang absent)
ORAL COMMUNICATIONS
(Reserved for persons wishing to address the Committee on issues that are not already included in the
regular Order of Business)
None
NEW ITEMS:
1. Application No.(s) ASA- 2011 -14, DA- 2011 -01, DP- 2011 -04, GPA- 2011 -03, TM- 2011 -03,
TR- 2011 -39, U- 2011 -11, .Z- 2011 -03 (EA- 2011 -12)
Applicant: Apple, Inc.
Location: Area bounded by East :F[omestead Road, North Tantau Avenue, I -280,
North Wolfe Road including properties located on the east side of
North Tantau Avenue
Environmental Impact Report for the demotition of approximately '2.66 million square feet
of existing office, research and development buildings and the construction of 3.42 million
square feet of office, research, and development buildings; 245,000 square feet of auditorium
(1,000 seat), fitness center, and Valet Parking Reception uses; 92,000 square feet of utility
plants; and associated parking facilities and ancillary buildings (such as security reception
areas and landscape maintenance buildings);
General Plan Amendment to allow a change in the land use designation of a 1.1 acre area
from Parks and Open Space to Industrial/Residential to be reflected in the Land Use Map
and various figures and tables, the elimination of a segment of Pruneridge Avenue from
various references as a minor collector and bike lane to reflect the closure and vacation of
this segment of the street, the potential relocation of Glendenning Barn from the project site
and a change in the primary building bulk setback for N. Tantau Avenue from 1.5 to 1 slope
line from the curb line to a 1 to 1 slope line from the curb line, changes associated with the
development of the Apple campus and potential Development Agreement in Policy 2 -35:
Vallco Park North;
Rezoning of an approximately 1.1 acre area from Park and Recreation (PR) to Planned
Industrial Park (P(MP));
Development Agreement for a 20 year term to allow the development of an office, research
and development campus;
Vesting Tentative Map to allow a subdivision of property from nineteen parcels to five
parcels;
Development Permit to allow the demolition of approximately 2.66 million square feet of
existing office, research and development buildings and the construction of 3.42 million
square feet of office, research, and development buildings; 120,000 s.f. (1,000 seat) corporate
auditorium, 100,000 s.f. corporate fitness center, and 25,000 s.f. Valet Parking Reception
uses; 92,000 square feet of utility plants; and associated parking facilities and ancillary
buildings (such as security reception areas and landscape maintenance buildings);
Use Permit to allow a corporate auditorium and fitness center at a new office, research and
development campus;
Architectural and Site Approval to allow a new 2.82 million square feet office, research and
development building with 2,385 basement parking spaces and a cafeteria, a 5,870 parking
space structured parking facility with attached Central Plant, a 1,000 seat corporate
auditorium, a fitness center, and associated site improvements including access tunnels, a
surface parking lot, outdoor dining and recreational facilities and landscaping;
Tree Removal Permit to allow the removal of approximately 4,501 trees, of which,
approximately 90 trees are proposed to be trzaisplanted, and replacement with at least 6,200
trees to allow the construction of an office, research and development campus.
■ Ms. Ghosh described the proposed project and turned the presentation over to Adam
Weinstein from LSA Associates for an overview of key environmental impacts.
■ Mr. Weinstein discussed impacts identified in the Environmental Impact Report (EIR) in the
following areas:
■ Land Use and Planning Policy - whether the project complies with policy related issues
such as vacation of a segment of Pruneridge Avenue, redesignation of the land use
designation of 1.1 acre of Park and Open Space to Industrial/Residential and the location
of the Calabazas Creek Trail. Significant: impacts related to Vacation of a segment of
Pnmeridge Avenue and the provision of an Alternate Calabazas Creek Trail identified
that cannot be mitigated;
• Population, Employment and Housing -- analyzed how the project would change the
demographics of the region, including effects on local and regional population and
employment growth. No significant impacts identified;
• Aesthetics - analyze how the project would change the visual character of the project
site, including whether it would block views of the mountains and to what level light
and glare levels would change. No significant impacts identified;
• Biological and Cultural Resources - cataloged the natural resources on the site like birds,
Calabazas Creek, and trees along with known historic resources, including the
Glendenning Barn.
• Cultural/Historic Resources - whether the relocation of the Glendenning Barn has any
environmental impacts and what mitigation measures can be implemented during
construction is archaeological or historical artifacts are discovered. All impacts identified
can be mitigated with implementation of :mitigation measures;
• Geology, Hydrology and Hazards - Evaluate the development constraints on the site
associated with issued like soil conditions, flooding and past hazardous materials -
cleanup efforts and the environmental impacts thereof. Mitigation measures have been
identified in these three areas to mitigate :impacts.
• Noise, Air Quality and Greenhouse Gases - analyze the noise generated by the project,
the effects of the project traffic and energy use on regional air quality and the project
specific sustainability features and how ihese may reduce the project's greenhouse gas
emissions. Some impacts identified in the noise section can be mitigated with the
implementation of identified mitigation measures. Impacts related to air quality cannot
be mitigation even with the implementation of stringent mitigation measures.
• Public Services and Utilities - analyzes the current operation of services and
infrastructure such as fire protection, waste water and water service and how the project
might affect the physical element of these services. Impact related to the Fire
Department service can be mitigated. However, the planning policy issues related to the
re- designation of park and open space to industrial /residential and the lack of the
construction of the Calabazas Creek Trail as shown in the General Plan remain
significant even with mitigation.
■ Mr. Weinstein went over the alternatives studied as required by the California
Environmental Quality Act and turned the presentation over to Ms. Jane Bierstedt of Fehr &
Peers (Traffic Consultant) to discuss the traffic related impacts identified in the EIR
■ 52 intersections and highway interchanges were studied per the guidelines set by the
Valley Transportation Authority, traffic generation numbers were based on the counts
from Apple's Infinite -Loop Campus
■ 35 significant impacts were identified, 22 of them at 11 intersections (under the different
scenarios studied), mitigation measures have been identified in the EIR to reduce them
to less than significant
■ Some of the identified impacts are significant and unavoidable even though mitigation
measures identified. This is because these are in jurisdictions other than the City of
Cupertino. One intersection (at Stevens Creek Boulevard and De Anza Boulevard) is
reported as having significant and unavoidable impacts within the City's jurisdiction
even though a feasible mitigation has been proposed.
Apple will be required to pay a 'fair share' towards regional freeway improvement
projects for the significant impact to the freeway.
■ Ms. Bierstedt turned the presentation back to Ms. Ghosh who discussed particulars about
the terms of the Development Agreement proposed by Apple and concluded the
presentation by stating that even though there are some significant and unavoidable
impacts from the project identified with the Environmental Impact Report, the project
promotes other General Plan policies and provides an ongoing source of revenue and some
one -time revenue for the City's fiscal well - being.
■ Public Input:
• Dan Whisenhunt, representing Apple Inc., stated that Apple would continue to work
with the City, surrounding communities and jurisdictions to ensure environmental
issues were addressed. either with physical changes or with funding for further
studies /evaluations and /or improvements.
• Jennifer Griffen, a resident of Rancho Rinconada area of the City, indicated her support
for the project.
• Kevin McClelland, current president of the Cupertino Chamber of Commerce, indicated
the Chamber's endorsement and support of the project.
ACTION: Recommend that the City Council certify the Environmental Impact Report and
adopt the statement of overriding considerations, mitigation measures and the
Mitigation Monitoring and Reporting Program, EA- 2011 -12
MOTION: Barry Chang
SECOND: Timm Borden
NOES: None
VOTE: 5 -0 -0
OLD BUSINESS
None
Respectfully submitted,
_ � S D, / h
Piu Ghosh U
Senior Planner
G /planning /ere /ac tionmi nu tes092613