DIR-2024-012 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: February 3, 2025
Subject: Director’s Minor Modification, DIR-2024-012, for an addition of a new CMU
equipment enclosure to house new mechanical equipment located at 6 Results
Way (APN 357 20 048).
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 site located at 6 Results Way is bordered by the Union Pacific Right-of
Way to the east, townhomes to the north, single family residential uses to the west, and
Bubb Road to the south. The existing development has a total building area of 370,094
square-feet spread
throughout multiple
buildings over three
separate parcels.
Background
Apple has applied to
replace 12 parking spaces
on the eastern edge of the
parcel adjacent to the
railroad right-of-way to
accommodate an
approximately 1,653
square foot CMU
equipment enclosure
proposed to house an emergency generator and other associated equipment.
McClellan Road
Bubb Road
Figure 1 Aerial view of the campus with location of proposed
structure (red star).
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6 Results Way Page 2
Analysis
The proposed enclosure would remove 12 parking spaces. Apple properties have a
parking standard of one space for every 315 square feet of office. Currently, the parking
supply is 1,245 spaces, with parking demand being 1,175 spaces. The removal of 12
parking spaces leaves 1,233 spaces, or a surplus of 58 spaces. Please refer to the plan set
attached to this report for further details.
The 10-foot-high structure is 15 feet from the nearest property line to the east, and 574-
feet from the nearest residential property (west). The project will not require the
removal of any development trees and will continue to be screened by the existing trees
that are along the east property line. The CMU walls will be painted to match the
existing office buildings throughout the campus. A noise analysis will be required prior
to building permit issuance to ensure conformance with the City of Cupertino’s noise
standards.
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: “Apple Inc. Results Way Campus” located at 6
Results Way prepared by AP+I, dated November 14, 2024, consisting of three (3)
sheets labeled PP.1 – PP.3, 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.
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.
Prior to the issuance of Building Permits, a noise analysis shall be conducted to
ensure equipment is consistent with the City’s noise standards in Municipal Code
Chapter 10.48: Community Noise Control.
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6 Results Way Page 3
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
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.
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6 Results Way Page 4
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 February 3, 2025. The fourteen-calendar
day appeal period will expire on February 17, 2025.
Enclosures:
1. Plan Set