DIR-2025-002 - 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 7, 2025
Subject: Director’s Minor Modification, DIR-2025-002, to an existing courtyard that
includes privacy fencing, drought tolerant landscaping, above-ground
planters, and new ingress/egress located at 10200 S. De Anza Blvd. (APN 369
01 035).
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 subject office site, formerly owned by Seagate now owned by Apple (Apple CC05),
is located at 10260 S. De Anza Blvd. It is bordered by a multi-family development (Park
Center Apartments) to the east; a mix of office, retail and hotel uses to the north; S. De
Anza Blvd. to the west; and a commercial-office use (Chase Bank) to the south. The
existing development
has a total building area
of 139,607 square feet
and parcel size of 1.29
acres.
Background
Through the DIR
application, Apple
proposes to
enhance the existing
outdoor courtyard
along the rear of the
McClellan Road
Bubb Road Figure 1 Aerial view of the campus with location of proposed
structure (red star).
S. De Anza Blvd.
Figure 2 Aerial view of the project site with the proposed employee
courtyard identified with the yellow star.
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10200 S. De Anza Blvd. Page 2
office building. Proposed modifications
include new perimeter fencing, above-ground planters clad with horizontal wood
panels, a new ingress/egress path with updated pedestrian lighting, and new drought-
tolerant
landscaping throughout. All existing trees and the existing pergolas will be preserved
in place.
Analysis
The applicant is currently requesting approval for modifications to existing landscape
areas adjacent to the eastern side of the office Building to create a private employee
courtyard and to upgrade the existing landscaping for better drought tolerance and
lower water usage. The existing landscaping is a combination of high-water use turf
area, with non-native trees of various species.
The proposed landscape modifications include:
Removing existing turf areas.
Planting very low and low water using evergreen (mostly California native)
species shrubs. These include, but are not limited to:
o Common Yarrow
o Manzanita
o Black Sage
Intalling a new irrigation system with drip irrigation at all newly planted areas,
replacing the less efficient existing sprinkler system.
Weather-resistant Ipe wood and prefabricated planters will house much of these new
plantings. The proposed prefabricated planters will physically separate the existing
building’s egress path from the private outdoor courtyard for employees.
No tree removals are associated with the proposed modifications. The applicant is
conditioned to protect the trees onsite as outlined in Condition 4 of the permit. No
modifications to the existing building is proposed and there are no additional
modifications proposed to the site or landscaping beyond the scope of work discussed
above. In accordance with General Plan Policy ES-5.1.2 and Chapter 14.15: Landscape
Ordinance of the Cupertino Municipal Code, the project is replacing high-water use,
non-native plantings with native, drought tolerant landscaping that is beneficial to the
environment, while ensuring the protection of existing mature trees.
A new, black open design steel perimeter fence, six feet in height (measured from
grade), is proposed to enclose the employee courtyard and provide security. Drought-
tolerant landscaping will be planted along the new fence to enhance and soften its
appearance and provide greater privacy for employees. The proposed landscape
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lighting is conditioned to meet the City’s Dark Sky Ordinance. CMC Chapter 19.102:
Glass and Lighting Standards.
ACTION
The Director of Community Development deems the proposed modifications to
landscaping and outdoor amenities minor and approves the project subject to the
following conditions of approval:
SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on exhibits titled: “Apple CC05 Courtyard” prepared by Woods
Bagot, dated January 31, 2025, consisting of twelve (12) sheets labeled E0.1 – E1.2,
and L0.00 – L10.00, 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.
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. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved lighting plans to comply with
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development standards of Cupertino Municipal Code Section 19.102.030 Bird-
Safe Development Requirements and/or Section 19.102.040 Outdoor Lighting
Requirements. In the event changes are proposed from the approved plans, said
changes must be reviewed and approved by the Director of Community
Development or their designee. The applicant shall provide all documentation
required to determine compliance with the Municipal Code. The final lighting
plan (including a detailed photometric plan) shall be reviewed and approved by
the Director of Community Development prior to building permit issuance. A
report from a licensed lighting engineer may be required to confirm all exterior
lighting throughout the site complies with the City’s Ordinance.
7. 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.
8. 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
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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.
9. 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 7, 2025. The fourteen-calendar
day appeal period will expire on February 21, 2025.
Enclosures:
1. Plan Set