TR-2014-59b OFFICE OF COMMUNITY DEVELOPMENT
� ,.
CITY HALL �
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N O (408)777-3308 • FAX(408)777-3333•planninq(a�cupertino.orq
November 24, 2014
Apple, Inc.
Attn:Wolfgang Wagener
1 Infinite Loop,MS-21:AC2
Cupertino, Ca. 95014
SUBJECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER — ASA-2014-08, TR-2014-
59
This letter confums the decision of the Administrative Hearing Officer, given at the meeting of
November 13, 2014; approving an Architectural and Site Permit for Phase 2A (sites C and D) of
Apple Campus 2; and a Tree Removal Permit to allow refinements to a previously approved
Master Tree Removal Permit (TR-2011-39) for Apple Campus 2, located at area bounded by East
Homestead Road, North Tantau Avenue, I-208 and North Wolfe Road including properties located
on the east side of North Tantau Avenue, according to Resolution Nos. 36 and 37.
Please be aware that if this permit is not used within one year, it shall expire on November 13,
2014.
Also,please note that an appeal of this decision can be made within 14 calendar days from the date
of the mailing of the notification this decision. If this happens, you will be notified of a public
hearing, which will be scheduled before the Planning Commission.
Sincerely,
, �
� !
Piu Ghosh
Senior Planner
City of Cupertino
Enclosures:
Resolution No. 36 and 37
TR-2014-59
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 37
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO
ALLOW REFINEMENTS TO A PREVIOUSLY APPROVED MASTER TREE REMOVAL
PERMIT(TR-2011-39) FOR APPLE CAMPUS 2
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2014-59
Applicant: Wolfgang Wagener (Apple Campus 2)
Property Owner: Apple,Inc.
Location: Area bounded by East Homestead Road, North Tantau Avenue, I-280, North
Wolfe Road including properties located on the east side of North Tantau
Avenue (APN Nos. 316-06-033;316-06-038;316-06-039;316-06-045;316-06-046;
316-06-048;316-06-049; 316-06-050;316-06-051;316-06-052;316-06-053;316-07-
044;316-07-045; 316-07-046;316-09-019;316-09-027;316-09-028;316-18-012;316-
18-025;316-18-026;316-18-027; 316-18-035)
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-201459) 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
Resolution No.37 TR-201459 November 13,2014
Page 2
WHEREAS, the Tree Removal Permit is required to allow refinements to the previously approved
Tree Removal Permit; and
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, exhibits, testimony and other evidence submitted in
this matter, the Administrative Hearing Officer hereby approves Application No. TR-2014-59 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 location of the trees restricts the economic enjoyment of the property by severely limiting the
use of property in a manner not typically experienced by owners of similarly zoned and situated
property, and the applicant has demonstrated to the satisfaction of the approval authority that
there are no reasonable alternatives to preserve the tree(s).
The applicant is proposing the removal of approximately 4,501 trees, including the relocation of 90 trees
within the proposed project. The trees are part of approved landscape design for existing buildings and
parking lots. Since the buildings and parking lots will be demolished with this project, the trees would be
located in buildable areas. Retention of these landscape trees in their current location would significantly
restrict the ability to redevelop the property in a manner that differs from the existing configuration of
buildings and parking lots. The removal of these trees is necessary to allow for the development of a project
that makes use of the existing site more efficiently. Further, the Project will result in a significant increase
in the number of trees, including more native and drought tolerant trees. Under the current application,
adjustments are being made to the number of trees being removed on the project, however, the number of
trees being removed do not exceed the number of trees studied for removal in the EIR. The majority of the
trees along the eastern edge of Site D, adjacent to the existing homes in the City of Santa Clara, are being
saved; thereby, ensuring that the existing mature trees will provide adequate buffer from the ongoing
construction and provide a mature canopy for the campus upon project construction. However, the removal
of 39 additional trees within the areas of Sites C and D is needed as a result of site plan refinements and due
to ill health and stress from the drought and lack of irrigation. The removal of these trees are not located
adjacent to the existing homes in the City of Santa Clara. The trees removed will be replaced in accordance
with the City's Protected Tree Ordinance.
In addition to the trees that will remain and be transplanted on-site, approximately 780 new trees will be
planted as replacement for the trees being removed in accordance with Municipal Code requirements.
Details of the tree replacements are provided on Page 4.30 of the plan set referenced in Section III.I of this
resolution. Trees planted on site will be considered "protected"per the City's definition of Protected Trees.
The consulting arborist has confirmed that the tree replacement plan proposed by the applicant is consistent
with the City's Protected Tree Ordinance requirements.
Resolution No.37 TR-2014-59 November 13,2014
Page 3
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 PRQTECT 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, ASA-2014-08, TM-2011-03, DA-2011-01, EA-2011-12 and TR-2011-39 shall be
applicable to this approval.
4. CONSULTAT'ION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departrnents 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.
5. FINAL PLANTING PLAN
The applicant shall plant replacement trees in accordance with the replacement
requirements of the Protected Tree Ordinance. The trees shall be planted prior to final
occupancy of site permits.
The final planting plan shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits. The Director of Community
Development shall have the discretion to require additional tree replacements as deemed
necessary. An ISA Certified Arborist shall confirxn that the replacement trees were planted
properly and according to plan prior to final occupancy.
6. TREE REMOVAL
The applicant shall plant replacement trees for the Protected Trees that have been approved for
removal as identified in the MMRP (Exhibit DP-1). The applicant shall also transplant trees as
identified in the project plans and, if transplantation is not effective, replacements shall be
planted as identified in Exhibit DP-1.
Resolution No.37 TR-2014-59 November 13,2014
Page 4
7. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be prepared
by a certified arborist for the trees to be retained. Tree protection measures shall be consistent
with the EIR. In addition, the following measures shall be added to the protection plan:
■ For trees to be retained, chain link or other appropriate fencing and other root protection
shall be installed around the dripline of the tree prior to any project site work.
■ No parking or vehicle traffic shall be allowed over root zones, unless using buffers
approved by the Project Arborist.
■ No trenching within the critical root zone area is allowed. If trenching is needed in the
vicinity of trees to be retained, the City's consulting arborist shall be consulted before any
trenching or root cutting beneath the dripline of the tree.
■ Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch
depth.
■ Tree protection conditions shall be posted on the tree protection barriers.
■ Retained trees shall be watered to maintain them in good health.
The tree protection measures shall be inspected and approved by the City's consulting arborist
prior to issuance of building permits. The City's consulting arborist shall inspect the trees to be
retained and shall provide monthly updates on the health of the trees retained in place and
being transplanted. A report ascertaining the good health of the trees mentioned above shall be
provided prior to issuance of final occupancy.
8. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $1,000,000 to ensure
protection of 845 trees to be retained in place and 90 transplant trees on the site prior to issuance
of grading, demolition or building permits. The bond shall be returned after completion of
construction, subject to a letter from the City arborist indicating that the trees are in good
condition.
9. 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 pernut 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 applican�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.
Resolution No.37 TR-2014-59 November 13,2014
Page 5
10. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
11. 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
12. ACCESS ROADWAYS
Fire Department access roadways shall conform to Santa Clara County Fire Department
Standards.
13. 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 13th 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:
/s/Piu Ghosh /s/Gary Chao
Piu Ghosh Gary Chao
Senior Planner Assist.Dir. of Community Development
• •
or a i iona
.
n orma ion
.
ee i e
_ _