DIR-2025-001 - Action LetterCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Luke Connolly, Assistant Director of Community Development
Prepared by: Gian Paolo Martire, Senior Planner
Date: April 9, 2025
Subject: Director’s Minor Modification, DIR-2025-001, for a metal fence enclosure at an
existing light industrial building located at 10300 Bubb Road (APN 357 20
020).
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports his decision to the
City Council and Planning Commission in time to allow an appeal of the
decision within fourteen calendar days.
DISCUSSION
The Apple office/light industrial site located at 10300 Bubb Road is bordered by
Highway 85 to the east, light industrial uses to the north and south, and Bubb Road to
the west. The existing development has a total building area of 22,935 square-feet
within a single
structure.
Background
Apple has applied
to replace 5
parking spaces on
the rear
southeastern edge
of the building
adjacent to the
driveway to
accommodate an
approximately 993
square foot metal
fence enclosure
Figure 1 Aerial view of the campus with location of proposed
structure (red star).
Bubb Road
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10300 Bubb Rd. Page 2
proposed to be used for outdoor photography.
Analysis
The proposed enclosure would remove 5 parking spaces. Apple properties have a
parking standard of one space for every 315 square feet of office. The resulting parking
supply of 81 spaces is sufficient given the parking demand would result in 72 spaces, or
a surplus of 9 spaces 1. Please refer to the plan set attached to this report for further
details.
The 8-foot-high structure is 13 feet from the
nearest property line to the south, flush with the
light industrial building. The metal fence
enclosing the space will be painted to match the
building and will not be visible from Bubb
Road.
ACTION
The Director of Community Development
deems the modification minor and approves the
project with the following conditions of approval:
SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on exhibits titled: “Bubb 05 Enclosure Site Work” located at 10300
Bubb Road prepared by DWA Architects, dated December 13, 2024, consisting of
three (3) sheets labeled AP0.0 – AP0.21, except as may be amended by the conditions
contained in this resolution.
2. ACCURACY OF THE PROJECT 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.
1 Office/Prototype Manufacturing in the ML zone, in accordance with CMC Table 19.124.040A, have a
parking demand of one space for every 285 square feet. The resulting demand would be 81 spaces;
therefore the proposed modification would be consistent with the Municipal Code’s parking standards.
Figure 2 3D imaging of enclosure.
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10300 Bubb Rd. Page 3
3. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary
building permits, or building permit revisions, prior to commencement of work.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
6. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval and as
specifically amended by this Director’s Minor Modification approval.
7. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the “indemnified parties”) from and against any liability, claim, action,
cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively
referred to as “proceeding”) brought by a third party against one or more of the
indemnified parties or one or more of the indemnified parties and the applicant
related to any Ordinance, Resolution, or action approving the project, the related
entitlements, environmental review documents, finding or determinations, or any
other permit or approval authorized for the project. The indemnification shall
include but not be limited to damages, fees, and costs awarded against the City, if
any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses
incurred in connection with such proceeding whether incurred by the Applicant, the
City, or the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees
and costs shall include amounts paid to the City’s outside counsel 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. The applicant
shall likewise agree to indemnify, defend, and hold harmless the indemnified
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10300 Bubb Rd. Page 4
parties from and against any damages, attorneys’ fees, or costs awards, including
attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or
awarded against the indemnified parties. The Applicant shall cooperate with the
City to enter a Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental review,
if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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.
This approval of the modification is effective April 9, 2025. The fourteen-calendar day
appeal period will expire on April 23, 2025.
Enclosures:
1. Plan Set