PC 11-14-2023 Searchable PacketCITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference
Teleconference Location Pursuant to Government Code section 54953(b)(2);
10317 McKalla Pl, Austin Texas, 78758
Tuesday, November 14, 2023
6:45 PM
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
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Members of the public wishing to comment on an item on the agenda may do so in the
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yourself is voluntary and not required to attend the meeting or provide comments.
2) E-mail comments by 5:00 p.m. on Tuesday, November 14 to the Commission at
planningcommission@cupertino.org. These e-mail comments will be received by the
commission members before the meeting and posted to the City’s website after the
meeting.
Members of the public may provide oral public comments during the meeting as follows:
Oral public comments will be accepted during the meeting. Comments may be made
during “oral communications” for matters not on the agenda, and during the public
comment period for each agenda item.
Teleconferencing Instructions
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meeting:
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PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approve the May 23 Planning Commission minutes.
Recommended Action: Approve the May 23 Planning Commission minutes.
1 - Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
WRITTEN COMMUNICATIONS
CONSENT CALENDAR - None
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
2.Subject: Municipal Code Amendment to Chapter 19.76 and a Conditional Use Permit
and Parking Exception for the use of a former public school site for a private K-9
educational facility. (Application No.: MCA-2023-003; U-2023-002; EXC-2023-009
Applicant: City of Cupertino; Grace Stanat on behalf of Tessellations; Location:
BA-zoned (Public Building) properties in Cupertino; 1170 Yorkshire Drive; APN#
362-08-001)
Recommended Action: That the Planning Commission adopt the proposed draft
resolutions (Attachments 1 through 3) recommending that the City Council:
1. Adopt the Municipal Code Amendment (MCA-2023-003);
2. Approve the Conditional Use Permit (U-2023-002); and
3. Approve the Parking Exception (EXC-2023-009)
Staff Report
1 - Draft Resolution for MCA-2023-003
2 - Draft Resolution for U-2023-002
3 - Draft Resolution for EXC-2023-009
4 - Plan Set (abridged due to limitations of state law pursuant to SB1214)
5 - Applicant's Project Description
6 - Public Comments
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3.Subject: Conditional Use Permit Amendment and Architectural & Site Approval to
consider a modification of the original Main Street Use Permit (U-2008-01) for the
addition of a second floor within Shop 1 (TD Ameritrade). (Application No.:
M-2022-003; ASA-2023-009; Applicant: Main Street Cupertino Retail Property, LLC;
Location: 19409 Stevens Creek Blvd. (APNs: 316-20-112)
Recommended Action: That the Planning Commission adopt the proposed draft
resolutions (Attachment 1 & 2) to:
1. Adopt the Third Addendum to an EIR and approve the Conditional Use Permit
Amendment (M-2022-003); and
2. Approve the Architectural and Site Approval Permit (ASA-2023-009).
Staff Report
1. Draft Resolution for M-2022-003
2. Draft Resolution for ASA-2023-009
3. Plan Set
4. City Council Resolution No. 12-098
5. Third Addendum to the Final Environmental Impact Report for the Main Street Cupertino Project
(SCH# 2008082058)
6. Public Comment
4.Subject: Proposed amendments to Municipal Code Chapter 19.12, Chapter 19.28 and
Chapter 19.112 regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws.
(Application No. MCA-2023-002; Applicant: City of Cupertino; Location: City-wide)
Recommended Action: That the Planning Commission adopt the draft resolution
(Attachment 1) recommending that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single-Family Residential (R-1) Zones.
c. Chapter 19.112, Accessory Dwelling Units (ADU)
Staff Report
1. Draft Resolution
2. CA Govt. Code Sections 65852.2 and 65852.22
OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
FUTURE AGENDA SETTING
ADJOURNMENT
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If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in
Planning packet archives linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff
concerning a matter on the agenda are included as supplemental material to the agendized item. These
written communications are accessible to the public through the City’s website and kept in packet
archives. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
Members of the public are entitled to address the Planning Commission concerning any item that is
described in the notice or agenda for this meeting, before or during consideration of that item. If you
wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker
request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the
item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to
address the Planning Commission on any other item not on the agenda, you may do so by during the
public comment portion of the meeting following the same procedure described above. Please limit your
comments to three (3) minutes or less.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
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CITY OF CUPERTINO
Agenda Item
23-12787 Agenda Date:
11/14/2023 Agenda #: 1.
Subject: Approve the May 23 Planning Commission minutes.
Approve the May 23 Planning Commission minutes.
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DRAFT MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, May 23, 2023
REGULAR MEETING
At 6:45 p.m. Chair Steven Scharf called the Regular Planning Commission meeting to order in
the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.
ROLL CALL
Present: Chair Steven Scharf, Vice Chair Muni Madhdhipatla, and Commissioners David Fung,
Seema Lindskog, and Tejesh Mistry. Absent: None.
APPROVAL OF MINUTES
1. Subject: Approve the April 25 Planning Commission minutes
Recommended Action: Approve the April 25 Planning Commission minutes
Lindskog moved and Mistry seconded to approve the April 25 Planning Commission
minutes. Ayes: Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes: None. Abstain:
None. Absent: None.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Jean Bedord noted that participants on Zoom had temporarily experienced a loss of audio.
Jennifer Griffin was concerned about parking impacts from a proposed Costco location in the
Westgate West Shopping Center and losing small businesses.
Peggy Griffin was concerned about monitoring the cleanup of contaminants on the former Vallco
site and supported a study session on the mitigation planning process steps.
Andrea Martinez, representing California Office of Traffic Safety and California Department of
Transportation, supported the “Go Safely, California” education program for following the
safety rules of the road.
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WRITTEN COMMUNICATIONS – None
CONSENT CALENDAR - None
PUBLIC HEARINGS
2. Subject: Consider a proposed mixed-use development with 34 residential units, 7,595 sq.
ft. commercial space, and the removal and replacement of 51 development trees.
(Application No(s): TM-2021-003, ASA-2021-004, DP-2021-002, U-2021-001, TR-
2022-006, EA-2022-005; Applicant(s): Carlson Chan (Prospect Venture LLC); Location:
1655 S. De Anza Blvd., APNs 366-10-061, -126.
Recommended Action: Staff recommends that the Planning Commission adopt the
draft resolutions recommending that the City Council:
1. Adopt the Mitigated Negative Declaration (EA-2022-005);
2. Approve the Development Permit (DP-2021-002);
3. Approve the Architectural and Site Approval Permit (ASA-2021-004);
4. Approve the Use Permit (U-2021-001);
5. Approve the Tentative Map (TM-2021-003);
6. Approve the Tree Removal Permit (TR-2022-006)
Written Communications for this item included staff and applicant presentations and
emails to the Commission.
Commissioner Fung announced that his property was located within 1000 feet from the
proposed development, but, after consultation with the Fair Political Practices
Commission, concluded that he did not have a conflict of interest and thus would not
need to recuse himself.
Planning Manager Piu Ghosh introduced Senior Planner Gian Martire who gave a
presentation on the proposed mixed-use development.
Justin Doull, Senior Planner at DAHLIN Architecture, gave a presentation on behalf of the
Applicant.
Chair Scharf opened the public hearing and the following people spoke.
Jennifer Griffin was concerned about maintaining local control, respecting height
reductions, and ensuring code compliance with adjacent cities.
Li Feng was concerned about neighbor privacy from the second floor roof deck and gaps
in the cypress trees, and supported modifications.
Yu Ning was concerned about neighbor privacy from the second floor roof deck and
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supported better protection.
Anuj Sood was concerned about neighbor privacy from the second floor roof deck and
supported mitigation measures and guarantees.
Ting Kao was concerned about privacy from the roof deck , full coverage by the cypress
trees, privacy monitoring, construction noise and debris, and supported a mitigation plan.
Glenn Serre supported the project but was concerned about privacy and light disturbance
and supported regulation measures.
Rhoda Fry was concerned about privacy from the yards and decks and impacts from the
solar installation, and supported hazmat screening, park space, and public art.
Peggy Griffin supported advanced soil testing at residential levels and was concerned
about the fire access requirements on the north and west sides of the building.
San R requested staff speak more slowly, supported rejecting height waivers, and was
concerned about the neighbor’s comments, outreach, and public safety access.
Chair Scharf closed the public hearing.
Applicant Carlson Chan of Prospect Venture LLC responded to public comments.
Commissioners asked questions and made comments.
Commissioner Lindskog supported relocating e-bike storage indoors and on the ground
floor and closer to the front door, and monitoring and enforcement measures to ensure
VMT reduction goals are being met; and mitigating light pollution from the second floor
and installing solar, if possible.
Commissioner Mistry disclosed ex parte communications with the developer prior to
deliberation in this matter.
Commissioner Fung supported solar and net zero as part of the design, privacy protection
measures, bringing back the business parking landscape plan for refinement including
neighbor feedback and planting selection; and opposed the need for additional mitigation
and monitoring for the e-bike program because of the additional housing offset.
Vice Chair Madhdhipatla supported homogeneity of the building design for future
developments along Saratoga-Sunnyvale Road, e-bike storage located on the ground floor
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instead of the roof top, considering solar on the building, and ensuring privacy and
neighbor concerns are addressed.
Chair Scharf supported modifications to the mitigation measures, including requiring e-
bikes to meet VMT standards, with UL 2849 certification for the e-bikes, and enforcement
mechanisms; and relocating the e-bike storage location to a closer and more visible
location.
1. Scharf moved and Lindskog seconded to adopt the Mitigated Negative Declaration
(EA-2022-005) as modified.
Modifications:
Require the e-bikes to be consistent with the UL 2849 standards for the
bicycle-bikes;
Locate secure e-bike storage on the ground floor and indoors;
Require a VMT Monitoring program; and
Ensure bike parking is located in front of the retail shops.
Ayes: Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes: None. Abstain:
None. Absent: None;
2. Scharf and Fung Approve the Development Permit (DP-2021-002) as modified.
Modifications:
Remove condition 13; and
Amend condition 7 to clarify BMR Unit types and length of BMR restriction.
Ayes: Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes: None. Abstain:
None. Absent: None;
3. Fung moved and Scharf seconded to approve the Architectural and Site Approval
Permit (ASA-2021-004) as presented. Ayes: Scharf, Madhdhipatla, Fung, Lindskog,
and Mistry. Noes: None. Abstain: None. Absent: None;
4. Lindskog moved and Madhdhipatla seconded to approve the Use Permit (U-2021-
001) as presented. Ayes: Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes:
None. Abstain: None. Absent: None;
5. Madhdhipatla moved and Fung seconded to approve the Tentative Map (TM-2021-
003) as presented. Ayes: Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes:
None. Abstain: None. Absent: None;
6. Mistry moved and Madhdhipatla seconded to approve the Tree Removal Permit (TR-
2022-006) as presented. Ayes: Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes:
None. Abstain: None. Absent: None.
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OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS – None
FUTURE AGENDA SETTING – None
ADJOURNMENT
At 9:10 p.m., Chair Scharf adjourned the Regular Planning Commission Meeting.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
23-12767 Agenda Date:
11/14/2023 Agenda #: 2.
Subject: Municipal Code Amendment to Chapter 19.76 and a Conditional Use Permit and Parking
Exception for the use of a former public school site for a private K-9 educational facility. (Application
No.: MCA-2023-003; U-2023-002; EXC-2023-009 Applicant: City of Cupertino; Grace Stanat on behalf
of Tessellations; Location: BA-zoned (Public Building) properties in Cupertino; 1170 Yorkshire Drive;
APN# 362-08-001)
That the Planning Commission adopt the proposed draft resolutions (Attachments 1 through 3)
recommending that the City Council:
1. Adopt the Municipal Code Amendment (MCA-2023-003);
2. Approve the Conditional Use Permit (U-2023-002); and
3. Approve the Parking Exception (EXC-2023-009)
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PLANNING COMMISSION STAFF REPORT
Meeting: November 14, 2023
Subject
Municipal Code Amendment to Chapter 19.76 and a Conditional Use Permit and
Parking Exception for the use of a former public school site for a private K -9
educational facility. (Application No.: MCA-2023-003; U-2023-002; EXC-2023-009
Applicant: City of Cupertino; Grace Stanat on behalf of Tessellations; Location: BA-
zoned (Public Building) properties in Cupertino; 1170 Yorkshire Drive; APN# 362 -08-
001)
Recommended Action
That the Planning Commission adopt the proposed draft resolution s (Attachments 1
through 3) recommending that the City Council:
1. Adopt the Municipal Code Amendment (MCA-2023-003);
2. Approve the Conditional Use Permit (U-2023-002); and
3. Approve the Parking Exception (EXC-2023-009)
Discussion
Background:
Permit Requirements
The applicant, Tessellations, is requesting a Conditional Use Permit (“CUP”) to operate
a private education facility at a former public school site (the former Regnart
Elementary School) in the Public Building, or BA, zoning district. Per Cupertino
Municipal Code (“Municipal Code”) Section 19.76.030(1), allowed uses in the BA zoning
district consist of “[b]uildings and other uses on land owned o r utilized by a federal,
State, county, or city government or authority, or by a special district created for public
purposes under the laws of the State of California”
As currently interpreted and historically applied, the language in Municipal Code
Section 19.76.030(1) pertains specifically to public uses performed by public entities and,
as such, a private entity (e.g. a private school) performing a similar use is not
specifically allowed. Since the practice of conditionally permitting private operators in a
district intended for public uses is not explicitly stated in the current Municipal Code, a
Municipal Code Amendment is proposed to clarify the process for private school uses
on a BA zoned site.
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U-2023-002, EXC-2023-009 1170 Yorkshire Drive Page 2
Due to the size of the former public school facility, approval of a Major Conditional Use
Permit application, which must be reviewed by the Planning Commission, is required.
However, since the proposed Municipal Code Amendment requires review by both the
Planning Commission and approval by the City Council (Municipal Code Section
19.12.030), per Municipal Code Section 19.04.090, the reviewing body having final
approval over a combined application shall be the highest body in the City. Therefore,
the City Council will be the final decision-making body for both the BA district
Municipal Code amendment and the CUP. Additionally, in order to approve the CUP,
the Code amendment must first be adopted. Since Code amendments require a second
reading before Council and are not effective until 30 days after the second re ading, the
CUP is contingent on the Code amendment being adopted and its effective date is
conditioned to coincide with the date the Code amendment goes into effect.
Context of Municipal Code Amendment
Chapter 19.76 of the Municipal Code governs Public Buildings (BA), Quasi Public
Building (BQ), and Transportation (T) Zones. The chapter notes that the BA, BQ, and T
zoning districts are designed to accommodate governmental, public utility, educational,
religious, community service, transportation, or recre ational facilities in the City.
There are currently 23 sites zoned BA in the city , 14 of which are owned and operated
by Cupertino Union School District (“CUSD”) and Fremont Union High School District
(“FUHSD”). Over the last decade or more CUSD and FUHSD have experienced a steady
and significant decline in student enrollment. This decline is projected to continue.
Based on projections from the two school districts’ 2022 enrollment numbers, CUSD
expects to see an approximate 23% decline1 in transitional kindergarten to eighth grade
students by 2027 and FUHSD expects to see an approximately 21% decline 2 in ninth to
twelfth grade students by 2027.
In response to this downtrend in enrollment and budget considerations, on October 14,
2021, the CUSD Board voted to close Regnart and Meyerholz Elementary Schools,
effective in the 2022-2023 school year.3 The District, however, retained ownership of
both the Regnart and Meyerholz school properties with the intent to lease the property
to generate revenue.
1 See Analysis of Enrollment Projections – Fall 2023 Cupertino Union School District, Page 10 “Figure 11:
Moderate 5 Year District-Wide Projection by Grade Level”
2 See https://resources.finalsite.net/images/v1674170884/fuhsdorg/bnyvzlpu4kovphpdxm6z/20 22-
23FUHSDForecastUpdateReportFINAL.pdf October Enrollments, 2016 to 2027”
3 See Cupertino Union School District Resolution No. 21 -22-07,
“http://go.boarddocs.com/ca/cusdk8/Board.nsf/goto?open&id=C6TLJF5695DF”
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MCA-2023-003 BA Zoned Properties November 14, 2023
U-2023-002, EXC-2023-009 1170 Yorkshire Drive Page 3
Figure 1. Existing Land Uses
Belknap Drive
Rainbow Road
Bu
b
b
Ro
a
d
Conditional Use Permit Site Description
The former Regnart Elementary
School site is located at 1170 Yorkshire
Drive, north of Rainbow Drive and
west of South Stelling Road within the
South Monta Vista neighborhood.
Land uses surrounding the project
consist exclusively of single-family
detached residential uses (see Figure
1) originally developed in the 1960s,
around the time Regnart Elementary
was built.
Conditional Use Permit Project Data:
General Plan Designation Public Facilities
Zoning Designation BA (Public Buildings)
Lot Area 9.41 acres
Building Area 50,650 square feet
Project Consistency with:
General Plan: Yes
Zoning: Yes
Environmental Review: Categorically Exempt per Section 15301, Class 1 (Existing
Facilities), California Environmental Quality Act (CEQA)
Municipal Code Amendment Analysis:
Per Municipal Code Section 19.152.010 “[t]his title may be amended … by changing the
regulations applicable within one or more districts, … whenever the public interest or
general welfare so require.” Public school sites are considered a municipal, or local,
resource and the school districts that own the properties directly serve the community
in which they’re located; therefore, the maintenance and retention of public school sites
as educational facilities is considered as being in the public interest.
CUSD has previously leased their properties, either in part or in whole, to private
schools, specialized schools, day care facilities, and tutoring operations. In these
instances of private operators using public facilities the City has required CUPs, and in
Yo
r
k
s
h
i
r
e
Dri
v
e
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1985 the Planning Commission approved Resolution No. 26164, that outlined
recommended guidelines for new uses on public school sites. In general, the resolution
recommended that the operations of the new private uses should reflect that of the
public school use. While never formally approved by the City Council, the guidelines
were used by the Planning Commission to aid in the review of permits for the use of
public school sites.
As noted above, existing regulations in Chapter 19.76 of the Municipal Code limit
allowable uses on BA zoned properties to “[b]uildings and other uses on land owned or
utilized by a federal, State, county, or city government or authority, or by a special
district created for public purposes under the laws of the State of California.” Th is
language has remained unchanged from the approval of City Council Ordinance 220
(1)5 , in 1970, which was later codified through City Council Ordinance 1601 in 1992.
The proposed Municipal Code Amendment would expand the allowed, or
conditionally allowed, uses on BA zoned properties to include a wider range of
educational and public service uses. The amendment would explicitly require a CUP, to
be reviewed and approved by the Planning Commission, for privately operated
educational and privately operated public serving uses, including, but not limited to
day care facilities and private educational facilities. Consistent with the intent of the BA
district, the amendment also requires that such uses are conducted on property owned
by the City of Cupertino, the County of Santa Clara, the State of California, the
government of the United States, the Cupertino Union School District, Fremont Union
High School District, Foothill-De Anza Community College District, or any other
governmental agency, and leased for said uses.
As noted above, this amendment clarifies the historical practice of the City for allowing
private educational facilities on BA zoned properties. The following table outlines the
previously approved Use Permits for private uses on public school sites.
Table 1: Use Permits for Private Uses on Public School Sites
School Address Use Permit Approved Use
Sedgwick
Elementary 19200 Phil Lane U-1983-40 Private education (600
students)
Eaton 20220 Suisun Drive U-1984-15 Private preschool,
4 See Resolution No. 2616 at
“https://records.cupertino.org/WebLink/DocView.aspx?id=696268&dbid=0&repo=CityofC upertino”
5 See Ordinance 220 (1) at “https://laserficherio-
app.cupertino.org/WebLink/DocView.aspx?id=24869&dbid=0&repo=CityofCupertino ”
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Elementary elementary school, and
daycare (210 students)
Eaton
Elementary 20220 Suisun Drive U-1984-20 Specialized school (ballet
classes, one classroom)
Collins
Elementary
10300 N Blaney
Avenue U-1985-18 Preschool and daycare
facility (84 students)
Collins
Elementary
10300 N Blaney
Avenue
U-1985-18
(Mod)
Two private education
institutions in six classrooms
Eaton
Elementary 20220 Suisun Drive U-1986-01
Master Use Permit for
Public, Quasi-Public, Private
Education, Day Care,
Exercise Classes, and
Counseling Services
The proposed Code amendment would establish a clear process by which private uses
that perform functions similar to public agencies, such as schools, can do so on a site
that remains owned by the public entity, subject to appropriate conditions that
safeguard the surrounding neighborhood. This Code amendment does not modify the
uses, conditional or otherwise, for any zoning district other than the BA district and is
therefore expected to have no environmental impacts. The potential for operational
impacts to the immediate neighborhood are also considered minimal because the added
conditional uses are both similar in nature to the public uses that typically operate on
the BA-zoned sites and they are subject to the approval of a CUP, unlike publi c
agencies uses which are permitted by right, without conditions affecting their
operations.
While the General Plan does not provide specific recommendations for the use of
publicly owned and operated land, it does include several policies that support the
retention of property, especially school sites, for public use.
Strategy RPC-2.1.2: Public Use of School Sites. Zone all public school sites for
public use to allow for the public to use [the] sites, when not in use by schools,
through shared arrangements.
Policy RPC-8.1.2: School Expansion. Encourage schools to meet their expansion
needs without reducing the size of their sports fields.
Goal RPC-8: Cooperate with school districts to share facilities and meet
community needs.
Policy LU-6.4: Public Access. Coordinate with property owners of public and
quasi-public sites to allow public access of Historic and Commemorative Sites to
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foster public awareness and education. Private property owners will be highly
encouraged, but not required, to provide public ac cess to Historic and
Commemorative Sites
Since the proposed Municipal Code Amendment would allow for a limited expansion
of the uses allowed in the BA zoning district, the public agencies with current
ownership would, presumably, have additional options for revenue generation should
the current primary use of the sites be altered or removed. This is particularly true of
the local school districts given the continuing trend in decreasing enrollment. As such,
the proposed Code amendment supports the extension of the use of those sites in the
service of the general public, consistent with the General Plan policies and goals
outlined above.
Conditional Use Permit Analysis
If amended, Municipal Code Chapter 19.76 would require a Conditional Use Permit for
the operation of a private school on a BA zoned property. As such, Tessellations, the
applicant and operator of the private school on the former Regnart school site, is
requesting review of a Conditional Use Permit concurrently with the proposal to amend
Code Chapter 19.76 to conditionally allow private uses on publicly owned land through
the approval of a CUP.
In February of this year, Tessellations signed a 10-year lease agreement with the CUSD
for the use of the former Regnart Elementary School campus (“the site”). In August of
2023, Tessellations began its private educational operation at the site and the City was
shortly thereafter made aware of its use of the site. Tessellations then submitted a CUP
application in late-August requesting the City’s consideration for the use of the site as a
private Preschool through 9th grade operation.
The complete scope of Tessellations’ operation includes the following:
Pre-K through 9th grade for up to 300 students and 85 staff operating from
August to June of each academic year, Monday through Friday, 6:30 a.m. to 4:00
p.m.
An afterschool program hosting up to 125 of the students enrolled in the Pre-K
through 9th grade operation, occurring Monday through Friday from 4 p.m. to
6:30 p.m.
Up to seven special events annually for up to 500 people, occurring on weekends
and weekdays and ending by 9:00 p.m.
Small, school-related events for up to 60 people, occurring on weekends and
weekdays and ending by 9:00 p.m.
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Summer school operations for up to 300 students and 60 staff, operating from
June to August of each year, Monday through Friday from 7:00 a.m. to 4:00 p.m.
Minor alterations to the campus, including general upkeep, are proposed. Since the site
remains owned by the CUSD, Tessellations is required to obtain approval for
architectural alterations and site improvements from the Division of the State Architect
(“DSA”). A condition has been added to this permit requiring that the City be notified
of any approved permits processed through the DSA.
Tessellations proposed scope of work is generally consistent with the operation of a
public school. The following analyzes the general factors for consideration of a private
school operation.
Number of Students and Staff
At its largest enrollment in 2008, Regnart Elementary School had 652 students and
approximately 41 full-time staff. In its final year, prior to its closing, Regnart had 309
students and approximately 31 full-time staff. As noted above, Tessellations is
proposing a maximum of 300 students and 85 staff, including part -time staff and
seasonal vendors. While there are a higher number of staff expected to be on site on a
regular basis, due to Tessellations lower teacher to student ratio, the total number of
persons on site does not exceed what was typically seen at the public school campus
during its years of operation. With the parking and travel requirements outlined below,
and conditioned as part of this permit, the number of students and staff is expected to
result in a use that is consistent with that of a typical public school.
Hours of Operation
The proposed hours of operations are Monday through Friday from 6:30 a.m. to 9:00
p.m., with typical school operations, including the afterschool program, occurring
between 7:30 a.m. and 6:30 p.m. Classes begin at 8:15 a.m. and end at 3:15 p.m. and staff
is expected to arrive between 7:00 a.m. and 7:30 a.m.
Tessellations staff has confirmed that the school’s start and end times of 8:15 a.m. and
3:15 p.m. have been reviewed and approved by CUSD in order to avoid conflict, to the
extent possible, with other schools in the area. Per Tessellations’ submission, Kennedy
Middle School, located 0.7 miles away, with a start time of 8:00 a.m. and end time of
3:05 p.m., Lincoln Elementary School, located 1.2 miles away, with a start time of 8:10
a.m. and an end time of 2:45 p.m., and Monta Vista High School, located 1.4 miles away,
with a start time of 8:30 a.m. and an end time of 3:50 p.m., were taken into consideration
through CUSD’s review.
Drop Off and Pick Up
The proposed student drop-off times are between 8:00 a.m. and 8:15 a.m. and student
pick-up is proposed between 3:15 p.m. and 3:30 p.m. Pick-up for the after-school
program is proposed to occur through to 6:00 p.m.
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Figure 2: Location of proposed surface parking
Student drop-off and pick-up is proposed to occur entirely on the school site, with no
drop-off or pick-up occurring on the street. Five staff will supervise the drop -off to
assist children exiting vehicles and to address traffic flow issues. Additionally, a
crossing guard is stationed at Yorkshire and Folkstone Drives to ensure the safety of
pedestrians and bicyclists and to facilitate traffic management.
For pick-up, Tessellations requires the use of an App for parents and guardians called
DashPass. Per their submission material, “each car has a placard showing the children
that are to be picked up. DashPass notifies the school when a parent or guardian car
enters a specific geo-fence location. At this point the teacher is notified to release the
student[s] and they proceed to the pick-up area.” The pick-up process has seven staff
assigned to monitor traffic and ensure safety.
Parking and Traffic
Municipal Code Section 19.124.040 requires schools and school offices in the BA zoning
district to provide parking at a rate of one space per employee, plus one space per 56
square feet of multi-purpose room, plus eight visitor spaces, plus one space for e very
three students at senior high school or college level. Based on these Code requirements,
since Tessellations proposes a total of 85 employees, has 3,072 square feet of multi-
purpose space, but no senior-level, driving-age students or college students, it is
expected to provide 148 parking spaces on site.
The site currently has 47 parking
spaces, four of which are ADA
designated spaces. In addition to the
existing parking, Tessellations has
proposed a new parking area located in
the northern portion of the campus in
an existing blacktop area, shown in
yellow in Figure 2, below. This area
would accommodate up to 20
additional spaces for a site total of 67
spaces. Nine of the spaces will be
utilized by the school’s vans, leaving 55
spaces to accommodate staff parking.
To address this discrepancy between Code-required parking amounts and the on-site
parking, Tessellations has proposed the use of a satellite parking lot. Staff would park at
the satellite parking lot and be shuttled in groups to the Tessellations campus.
Tessellations is currently proposing to have this satellite parking lot located at 20900
McClellan Road, which is currently occupied by New Life Church. The church parking
lot currently has approximately 132 parking spaces. Based on the Municipal Code
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Figure 3: Proposed Event Parking Layout
requirements for parking for churches, 50 spaces must remain available for church-
related operations. This leaves 82 remaining spaces on the site which would adequately
address Tessellations’ 81 space deficit.
For special events, Tessellations has proposed the use of the blacktop area, typically
reserved for outdoor recreation for students, for temporary overflow parking (see red
highlight in Figure 2). This temporary parking lot, when in use, would be operated by a
private company, hired by Tessellations to manage and direct parking. Figure 3 below
shows an example of the proposed temporary parking layout.
As these two parking arrangements – satellite parking lots and temporary parking lots -
are not a specified alternative to parking standards in the Municipal Code, a Parking
Exception is required. Municipal Code Chapter 19.124 allows the City to consider
parking exceptions when the project can demonstrate sufficient parking through an
alternative means. The findings for approving a parking exception are listed below:
1. The literal enforcement of this chapter will result in restrictions inconsistent with
the spirit and intent of this chapter.
2. The granting of the exception will not be injurious to property or improvements
in the area nor be detrimental to the public safety, health and welfare.
3. The exception to be granted is one that will require the least modification and the
minimum variance to accomplish the purpose.
4. The proposed exception will not result in significant impacts to neighboring
properties.
The proposed Parking Exception considers the alternative parking arrangement of an
off-site parking lot for use by the school as well as a temporary parking lot on an
existing blacktop area. This total does not account for the staff that may walk, bike, or
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carpool to work, which would reduce the total number of spaces needed on a regular
basis. Through the use of the satellite parking lot, Tessel lations would have access to
152 spaces, a surplus of four spaces over the required parking ratio. Additionally,
Tessellations has provided an alternative option for their special events which would
accommodate up to approximately 120 additional spaces on site through temporary
parking area.
This additional parking is expected to adequately address the potential for spill over
into the adjacent areas and does not result in a reduction in the overall number of
parking spaces required through Municipal Code Section 19.124.040. Therefore, staff
recommends approval of the Parking Exception.
Review by Other Departments and Agencies
The project application was reviewed by the City’s Building Division, Public Works
Department, Environmental Services Division, and the County Fire Department.
Comments from each of these departments and agencies have been incorporated into
the conditions of approval for this project.
Environmental Assessment
The project, as proposed, is categorically exempt from the California Environmental
Quality Act (CEQA) per section 15301 (Existing Facilities) of the CEQA Guidelines. The
key consideration in making this determination is whether the project involves
negligible or no expansion of use (CCR Title 14 § 15301). In this instance, the project is
the operation of a private educational facility on a former public school site that
involves only minor physical changes to the site.
Public Noticing
The following table is a summary of the noticing done for this project:
Notice of Public Hearing, Site Notice, and
Legal Ad
Agenda
Site Signage (10 days prior to hearing)
Display Ad in newspaper (10 days prior to
hearing)
154 public hearing notices mailed to property
owners within 300 feet of the project site (10
days prior to hearing)
Posted on the City’s official
notice bulletin board (one week
prior to the hearing)
Posted on the City of
Cupertino’s website (one week
prior to hearing)
Public comments regarding on-street parking were received and responded to during
the preparation of this staff report and have been provided in Attachment 6.
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Permit Streamlining Act
This project is subject to the Permit Streamlining Act (Government Code Section 65920 –
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Received: August 25, 2023; Deemed Incomplete: September 23, 2023;
Response Received: October 9,2023; Project Deemed Complete: November 8, 2023
Since this project is Categorically Exempt, the City has 60 days (until January 7, 2024) to
make a decision on the project.
Next Steps
The December 5, 2023 City Council meeting date has been tentatively identified by staff
to bring the Municipal Code Amendment and Conditional Use Permit, along with the
Commission’s recommendation, to City Council.
Prepared by: Emi Sugiyama, Associate Planner
Reviewed by: Piu Ghosh, Planning Manager
Approved for Submission by: Luke Connolly, Assistant Director of Community
Development
ATTACHMENTS
1. Draft Resolution for MCA-2023-003
2. Draft Resolution for U-2023-002
3. Draft Resolution for EXC-2023-009
4. Plan Set (abridged due to limitations of state law pursuant to SB1214)
5. Applicant’s Project Description
6. Public Comments
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING APPROVAL OF AMENDMENTS TO
CUPERTINO MUNICIPAL CODE CHAPTER 19.76 (TABLE 19.76.030) TO
ALLOW PRIVATELY OPERATED EDUCATIONAL USES AND PRIVATELY
OPERATED PUBLIC SERVING USES IN THE BA ZONING DISTRICT
The Planning Commission recommends that the City Council:
1. Determine that the Project, as proposed, is categorically exempt from the
California Environmental Quality Act (“CEQA”) per section 15301 (Existing
Facilities) of the CEQA Guidelines because it can be seen that the regulations for
use of existing public facilities for private operations, requiring a discretionary use
permit, will result in negligible or no expansion of use and it can be seen with
certainty that these regulations related to private uses on publicly owned property
will have no possibility of a significant effect on the environment; and that none
of the exceptions in CEQA Guidelines section 15300.2 apply;
2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 14th day of November, 2023, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
_____
Piu Ghosh Steven Scharf
Planning Manager Chair, Planning Commission
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EXHIBIT A
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CUPERTINO MUNICIPAL CODE CHAPTER
19.76 (TABLE 19.76.030) TO ALLOW PRIVATELY OPERATED
EDUCATIONAL USES AND PRIVATELY OPERATED PUBLIC
SERVING USES IN THE BA ZONING DISTRICT
SECTION I: PROJECT DESCRIPTION
Application No.: MCA-2023-003
Applicant: City of Cupertino
Location: Public Building (BA) Zoned Properties
SECTION II: RECITALS
WHEREAS, Cupertino Municipal Code Chapter 19.76 outlines the requirements for uses
proposed in the City’s Public Building (BA) zoning district; and
WHEREAS, the maintenance and retention of public school sites as educational facilities
is considered as being in the public interest; and
WHEREAS, the City has certain General Plan Goals, Policies and Strategies that support
the retention of publicly owned property, it does not have regulations that specifically
address the private use of these properties, and that the amendments to Chapter 19.76
will provide a standard to review private operations on publicly owned property;
WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A to
clarify the development standards to be applied to private uses on publicly owned land
within BA Zones; and
WHEREAS, the Ordinance is consistent with the City's General Plan and the public
health, safety, convenience, and general welfare; and
WHEREAS, adoption of the Ordinance is exempt from CEQA under Guidelines section
15301 because it can be seen that the regulations for use of existing public facilities for
private operations, requiring a discretionary use permit, will result in negligible or no
expansion of use and it can be seen with certainty that these regulations related to private
uses on publicly owned property will have no possibility of a significant effect on the
environment; and
WHEREAS, following necessary public notices given as required by the procedural
ordinances of the City of Cupertino and the Government Code, the Planning Commission
held a public hearing on November 14, 2023 to consider the Ordinance; and
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WHEREAS, on November 14, 2023, by Resolution _____, the Planning Commission
recommended on a _____ vote that the City Council adopt the proposed Municipal Code
Amendment to clarify development standards in the Public Building (BA) Zones; and
WHEREAS, on December 5, 2023, upon due notice, the City Council has held at least
one public hearing to consider the Municipal Code Amendment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance.
SECTION III
NOW, THEREFORE, BE IT ORDAINED:
That after careful consideration of facts, exhibits, testimony and other evidence submitted
in this matter the City Council hereby adopts the Ordinance based on the findings
described below, the public hearing, and the record, as follows:
Section 1. The recitals set forth above are true and correct and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council finds the following as set forth by Municipal Code
Sections 19.152.020C and 19.152.030D:
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and
the City's Comprehensive General Plan (Community Vision 2040) and the
proposed amendments are internally consistent with Title 19 of the Municipal
Code.
The proposed amendments have been adopted in accord with the requirements of Title 19,
and the proposed amendments to Section 19.76.030 are proposed to achieve internal
consistency. The amendments are consistent with the Recreation, Parks, and Community
Servies Element of the General Plan, which in Strategy RPC-2.1.2 states that the City
will Zone all public school sites for public use to allow for the public to use [the] sites,
when not in use by schools, through shared arrangements. The proposed Ordinance is
intended to update the City's conditionally allowed uses in the BA Zone, in accordance
with historical practices, as described in the staff report presented to the Planning
Commission and City Council.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
The proposed amendment is categorically exempt from the CEQA pursuant to section
15301 (Existing Facilities) of the CEQA Guidelines because it can be seen that the
regulations for use of existing public facilities for private operations, requiring a
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discretionary use permit, will result in negligible or no expansion of use and it can be
seen with certainty that these regulations related to private uses on publicly owned
property will have no possibility of a significant effect on the environment and none of
the exceptions in CEQA Guidelines section 15300.2 apply.
3. The site is physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical
constraints) for the requested zoning designation(s) and anticipated land use
development(s).
The proposed ordinance amendment is not being applied to any specific site. The
modifications would be applied to sites in the BA Zone which are currently maintained
as publicly operated public serving uses. The expansion of allowed uses to privately
operated public serving uses is not expected to result in a substantial change in operations
and therefore, the sites in the BA zone are considered to be physically suitable for the
anticipated uses.
4. The proposed zoning will promote orderly development of the City.
The proposed amendment is intended to promote the continued use of BA zoned properties
for public serving uses with flexibility in operator. The amendment is not expected to
result in significant modifications or physical changes to these sites which are currently
used for public serving uses.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of
subject parcels.
The proposed ordinance amendment is not being applied to any specific site. The
modifications would be applied to sites in the BA Zone which are currently maintained
as publicly operated public serving uses. The expansion of allowed uses to privately
operated public serving uses is not expected to result in a substantial change in
operations. The effect of the private operation on the health, safety, peace, moral and
general welfare of persons residing or working in the neighborhood of a site will be
reviewed when an application is made for a specific site.
Section 3. The City Council hereby approves the following amendments to the
Cupertino Municipal Code:
1. Table 19.76.030 in Section 19.76.030 of the Cupertino Municipal Code is hereby
amended to read as follows:
Table 19.76.030 - Permitted, Conditional, and Excluded Uses in BA, BQ and T
Zones
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Uses Zoning Districts
BA BQ T
1. Buildings and other uses on land owned or utilized by a
federal, State, county, or city government or authority, or by
a special district created for public purposes under the laws
of the State of California are permitted in a BA zone.
P - -
2. Privately operated educational uses and privately operated
public serving uses, including, but not limited to, day care
and private educational facilities, which, in the opinion of
the Director of Community Development, are similar to the
permitted uses in the BA zoning district, and which do not
create significant adverse impacts to the surrounding area.(1)
CUP -
PC
3. Rotating homeless shelter provided that the following
conditions are met:
a. Shelter is located within an existing church structure;
b. The number of occupants does not exceed twenty-five;
c. The hours of operation do not exceed six p.m. to seven
a.m.;
d. Adequate supervision is provided;
e. Fire safety regulations are met; and
f. Operation period does not exceed two months in any
twelve-month period at any single location.
- P -
4. Permanent emergency shelter provided the following
conditions are met:
a. Section 19.76.030(2)(b), (d), (e);
b. A management plan is provided which includes a
detailed operation plan.
c. Shelter is available to any individual or household
regardless of their ability to pay; and
d. Occupancy is limited to six months or less.
- P -
5. Public utility companies regulated by the Public Utility
Commission for uses restricted to administrative and office
buildings, communication equipment buildings, including
parking, landscaping and maintenance within an enclosed
area or storage yard;
- CUP
- PC -
6. Religious, civic, and comparable organizations, for uses
restricted to church buildings, community halls,
administrative buildings, schoolrooms, recreational
- CUP
- PC -
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Uses Zoning Districts
facilities, and athletic fields, convents, seminaries, and
similar uses customarily associated with churches,
including parking and landscaping areas;
7. Childcare facility, residential care facilities, congregate
residence, hospitals, vocational and specialized schools; - CUP
- PC -
8. Lodges, clubs, country clubs, including accessory uses such
as swimming pools, picnic areas, golf courses, driving tees
or ranges, miniature golf courses (all uses to be restricted to
members of the above organizations and their guests);
- CUP
- PC -
9. Large-family daycare home; - CUP
- PC -
10. Airports, airfields and helicopter terminals, including
administration and service buildings, maintenance and
storage yards;
- - CUP
- PC
11. Railroads, including terminals and stations, freight yards,
marshaling yards, storage yards, administrative and service
buildings;
- - CUP
- PC
12. Bus terminals and stations, including administration and
service buildings, maintenance and storage yards; - - CUP
- PC
13. Freeways, expressways, and other roads with limited or
controlled access, including administrative buildings and
maintenance yards.
- - CUP
- PC
Key:
P – Permitted Use
- – Not Allowed
CUP - Admin. – Conditional Use Permit issued by the Director of Community
Development
CUP - PC – Conditional Use Permit issued by the Planning Commission
CUP - CC – Conditional Use Permit issued by the City Council
Ex – Excluded Uses
(1) Provided such use is conducted on property owned by a federal, State, county, or city
government or authority, a special district created for public purposes under the laws of
the State of California, or any other governmental agency, and leased for said uses.
Section 4. If any portion of this Ordinance or its application is for any reason held to
be invalid, unenforceable or unconstitutional, by a court of competent
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jurisdiction, that portion shall be deemed severable, and such invalidity,
unenforceability or unconstitutionality shall not affect the validity or
enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council hereby
declares that it would have adopted each section, sentence, clause or
phrase of this Ordinance, irrespective of the fact that any one or more other
sections, sentences, clauses or phrases of the Ordinance be declared
invalid, unenforceable or unconstitutional.
Section 5. This Ordinance shall take effect and be in force thirty (30) days from and
after adoption as provided by Government Code Section 36937.
Section 6. The City Clerk shall certify to the passage and adoption of this Ordinance
and shall give notice of its adoption as required by law. Pursuant to
Government Code Section 36933, a summary of this Ordinance may be
published and posted in lieu of publication and posting of the entire text.
Section 7. The City Council hereby finds that the proposed Ordinance amendments
are exempt from environmental review pursuant to Section 15301
(Existing Facilities) of the CEQA Guidelines because it can be seen that the
regulations for use of existing public facilities for private operations,
requiring a discretionary use permit, will result in negligible or no
expansion of use and it can be seen with certainty that these regulations
related to private uses on publicly owned property will have no possibility
of a significant effect on the environment and none of the exceptions in
CEQA Guidelines section 15300.2 apply. Therefore, the proposed action is
not subject to further review under CEQA. The City Council further
directs the Director of Community Development to file a Notice of
Exemption with the Santa Clara County Recorder in accordance with
CEQA and the CEQA guidelines.
Section 8. To the extent the provisions of this Ordinance are substantially the same
as previous provisions of the Cupertino Municipal Code, these provisions
shall be construed as continuations of those provisions and not as
amendments of the earlier provisions.
INTRODUCED this ____ day of ______, 2023, at a Regular Meeting of the City Council of
the City of Cupertino and ENACTED on the ____ day of _____, 2023, at a Regular Meeting
of the City Council of the City of Cupertino by the following roll call vote:
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AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
_
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
___
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
____
Christopher Jensen, City Attorney
________________________
Date
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING APPROVAL OF A CONDITIONAL USE
PERMIT (U-2023-002) TO ALLOW FOR THE USE OF A FORMER PUBLIC
SCHOOL SITE FOR A PRIVATE EDUCATIONAL FACILITY
LOCATED AT 1170 YORKSHIRE DRIVE
The Planning Commission recommends that the City Council:
1. Determine that the Project, as proposed, is categorically exempt from the
California Environmental Quality Act (“CEQA”) per section 15301 (Existing
Facilities) of the CEQA Guidelines because it can be seen that the use of the
existing public school site as a private educational facility, involves only minor
physical changes to the site and therefore will result in negligible or no
expansion of use; and that none of the exceptions in CEQA Guidelines section
15300.2 apply;
2. Approve the Conditional Use Permit (U-2023-002) as indicated in Exhibit A.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 14th day of November, 2023, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
_____
Piu Ghosh Steven Scharf
Planning Manager Chair, Planning Commission
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EXHIBIT A
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A CONDITIONAL USE PERMIT (U-2023-002) TO ALLOW FOR
THE USE OF A FORMER PUBLIC SCHOOL SITE FOR A PRIVATE
EDUCATIONAL FACILITY LOCATED AT 1170 YORKSHIRE DRIVE
SECTION I: PROJECT DESCRIPTION
Application No.: U-2023-002
Applicant: Grace Stanat on behalf of Tessellations
Location: 1170 Yorkshire Drive, APN: 362 08 001
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application for a
Conditional Use Permit (U-2023-002) to consider the use of a former public school site
for a private educational facility;
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council has held at least one public
hearing in regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the
proposed Project and has determined that the Project is exempt from environmental
review pursuant to the categorical exemption in CEQA Guidelines section 15301 for the
reasons set forth in the staff report dated December 5, 2023 and incorporated herein;
and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the City Council finds that:
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1. The proposed development and/or use, at the proposed location, will not be
detrimental or injurious to property or improvements in the vicinity, and will
not be detrimental to the public health, safety, general welfare, or convenience;
The school is an existing facility and only minor improvements are proposed as part of
this application to allow for operation as a private school site. Further, the operation of
the private school is seen as substantially similar to the previous operation as a public
school and is therefore will not be detrimental or injurious to property or improvements
in the vicinity and will not be detrimental to the public health, safety, general welfare, or
convenience.
2. The proposed development and/or use will be located and conducted in a
manner in accord with the Cupertino Comprehensive General Plan, underlying
zoning regulations, and the purpose of this title and complies with the
California Environmental Quality Act (CEQA).
The Project, as proposed, will be located on an existing school site and will operate in a
manner that is substantially similar to previous uses at the site. The operation of a
private educational facility at this property is in accord with the General Plan and the
underlying zoning regulations. The Project is categorically exempt from the California
Environmental Quality Act (“CEQA”) per section 15301 (Existing Facilities) of the
CEQA Guidelines, which applies to existing facilities that involve negligible or no
expansion of existing or former use.
WHEREAS, the City Council is the approval authority for this project and is granted the
authority by the Municipal Code to exercise its independent judgment, based on the
record before it, for purposes of the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED that the City Council takes the following
actions:
1. Exercises its independent judgment and determines that the Project is exempt
from CEQA pursuant to CEQA Guidelines section 15301. The Class 1 exemption
applies to existing facilities that involve negligible or no expansion of existing or
former use. The proposed project includes only minor alterations to the existing
school facility. Therefore, the proposed project would not involve the expansion
of the former use (Section 15301, Class 1), will not significantly expand the use
beyond the current use that already exists or previously existed, and will not
have a significant effect on the environment.
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2. Approves the application for a Conditional Use Permit, Application no. U-2023-
002 subject to conditions which are enumerated in this Resolution beginning on
PAGE 4 thereof. The conclusions and sub conclusions upon which the findings
and conditions specified in this resolution are based, including those contained
in the Public Hearing record concerning Application no. U-2023-002 as set forth
in the Minutes of City Council Meeting of December 5, 2023, are hereby
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled and documentation entitled “Regnart
Elementary School Fabric Shade Structure” prepared by i Parch Architect, consisting
of 8 sheets showing the existing site plan, and “Tessellations Project Description for
Cupertino Planning Division” and “Applicant Response # 1 (October 9, 2023)”
prepared by Tessellations School staff, consisting of 34 sheets, except as may be
amended by conditions in this resolution.
2. ACCURACY OF 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. EXC-2023-009 shall be applicable to
this approval.
3. EFFECTIVE APPROVAL DATE
This permit shall not be considered valid until the time Ordinance 2023-XX takes
effect, modifying the conditionally allowed uses in the BA zoning district.
4. USE APPROVAL
Approval is hereby granted to allow the operation of a private school with the
following functions:
• Pre-K through 9th grade for up to 300 students and 85 staff operating from
August to June of each academic year, Monday through Friday, 6:30 a.m. to 4:00
p.m.
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• An afterschool program hosting up to 125 of the students enrolled in the Pre-K
through 9th grade operation, occurring Monday through Friday from 4 p.m. to
6:30 p.m.
• Up to seven special events annually for up to 500 people, occurring on weekends
and weekdays and ending by 9:00 p.m.
• Small, school-related events for up to 60 people, occurring on weekends and
weekdays and ending by 9:00 p.m.
• Summer school operations for up to 200 students and 60 staff, operating from
June to August of each year, Monday through Friday from 7:00 a.m. to 4:00 p.m.
The actual capacity of children at the facility maybe further restricted based on Fire
Department, Building Department, CA Department of Social Services, CA
Department of Education or other relevant agencies’ requirements. Appropriate
licensing/registration from the Community Care Licensing Department and/or other
relevant County/State agencies shall be obtained prior to commencement of the
operation.
The applicant shall comply with the applicable requirements of the Municipal Code.
The Planning Commission shall review amendments to the project, including
modifications to the number of students, number of staff, hours of operation, etc.
considered major by the Director of Community Development.
5. USE PERMIT REVIEW/ADDITIONAL RESTRICTIONS
If complaints have been received related to the tenant(s) under this use permit, and
the complaints were not addressed immediately by the property owner, then the
Planning Commission shall conduct a public hearing on the use permit at which
time, the approval for private school operations may be modified or revoked.
6. TITLE 17 COMPLIANCE
Project operation and construction activities shall conform to the applicable
requirements of City Code Chapter 17.04.
7. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
The applicant/property owner shall comply with the development standards of
Cupertino Municipal Code Section 19.102.030 (Bird-Safe Development
Requirements) and Section 19.102.040 (Outdoor Lighting Requirements). Upon
request, the applicant shall provide all documentation required to determine
compliance with the Municipal Code.
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8. NOTIFICATION OF PERMITS FROM DIVISION OF STATE ARCHITECT
The applicant shall provide notification of and documentation showing that
alterations have been permitted by Division of the State Architect prior to the
commencement of construction activities.
9. SPECIAL EVENT REQUIREMENTS
Special events hosted by the applicant shall be subject to the requirements for special
events as outlined in the “Outdoor Sales and Promotional Events Policy” adopted
by the City Council on April 21, 1975. The applicant shall apply for and obtain a
Special Events Permit for each of the seven special events proposed as part of this
permit. Special Event Permits shall not be required for small, school related events,
as described in Condition 5.
Notice of the event shall be made available online at least seven calendar days in
advance of the event to inform neighboring property owners of the date, time, size,
and activities to be undertaken at the event.
10. PAYMENT OF OUTSTANDING FEES
The applicant shall make payment of any outstanding fees associated with this
permit prior to the commencement of permitted activities.
11. REIMBURSEMENT OF ENFORCEMENT COSTS
The property owner shall pay for any additional Sheriff or Code enforcement time
resulting from documented incidents related to the private school operation at the
City’s contracted hourly rate with the Sheriff Department or the Code Enforcement
Actual Cost fee, as defined in the City’s general fee schedule, at the time of the
incident.
12. DROP-OFF AND PICK-UP MANAGEMENT
In order to ensure the safety of children and vehicle movements during the pick-up
and drop-off periods, the applicant shall submit a children pick-up and drop-off
plan to the City for review and approval prior to commencement of the approved
use. Such plan shall delineate the system used for pick-up and drop-off operations,
general pedestrian/vehicular safety guidelines for parents, appropriate directional
signs/parking lot striping (as needed) and parking lot safety measures to include a
traffic safety conductor be present in the parking lot to monitor and direct all
vehicular activities during pick-up and drop-off times.
In the event that the pick-up and drop-off schedule changes, the applicant must
submit a revised plan to the City for approval.
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13. ENVIRONMENTAL PROGRAMS CONDITIONS
Prior to commencement of permitted activities, the applicant shall coordinate with
the Environmental Programs Division for additional requirements related to
stormwater pollutant management and solid waste diversion and management.
14. NOISE CONTROL
Base equipment stations are subject the Community Noise Control Ordinance,
Chapter 10.48. Noise levels shall not exceed those as listed in the Community Nosie
Control Ordinance, Cupertino Municipal Code Chapter 10.48. If there are
documented violations of the Community Noise Control Ordinance, the Director of
Community Development has the discretion to require noise attenuation measures
to comply with the ordinance.
15. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult 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.
16. INDEMNIFICATION AND LIMITATION OF LIABILITY
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
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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.
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.
17. 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
18. STREET IMPROVEMENTS & DEDICATION
Street dedication and improvements along the project frontage may be required to
the satisfaction of the Director of Public Works. Street improvements may include,
but not be limited to, remove and repair sidewalk, driveways, curb and gutter, and
street tree installations. All improvements must be completed and accepted by the
City prior to Building Final Occupancy or Street Improvement Encroachment Permit
acceptance whichever comes first.
19. ACCEPTANCE OF PROPERTY RIGHTS
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The Public Works Director, or his/her designee, shall have the authority to accept all
offers of dedications, easements, quitclaims and other property rights and interests
on behalf of the City.
20. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (e.g. walkway
and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan
and the Pedestrian Transportation Plan, and as approved by the Director of Public
Works. All improvements must be completed and accepted by the City prior to
Building Final Occupancy or Street Improvement Encroachment Permit acceptance
whichever comes first.
21. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works. Any
storm water overflows or surface sheeting should be directed away from
neighboring private properties and to the public right of way as much as reasonably
possible.
All storm drain inlets shall be clearly marked with the words “No Dumping – Flows
to Creek” using permanently affixed metal medallions or equivalent, as approved
by the Environmental Programs Division.
22. C.3 REQUIREMENTS (if required)
C.3 regulated improvements are required for all projects creating and/or replacing
5,000 S.F. or more of impervious surface, collectively over the entire project site. The
developer shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment, unless
an alternative storm water treatment plan, that satisfies C.3 requirements, is
approved by the Director of Public Works.
The developer must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan
and a Storm Water Facilities Operation, Maintenance and Easement Agreement, and
certification of ongoing operation and maintenance of treatment BMPs are each
required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
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23. DEVELOPMENT FEES & BOND
The project developer shall provide for payment of fees, including but not limited to
checking and inspection fees, storm drain fees, transportation impact fees, park
dedication fees and fees for under grounding of utilities. Said fees and bond shall be
paid prior to issuance of any City of Cupertino permits.
Fees:
a. Checking & Inspection Fees: Per current fee schedule ($1,218)
b. Storm Drainage Fee: Per current fee schedule ($4,671 per AC)
c. Transportation Impact Fee: Per current fee schedule: ($6,862 per new
PM trips generated)
d. Encroachment Permit Fee: Per current fee schedule ($647)
e. Storm Management Plan Fee Per current fee schedule ($1,789)
(if required)
f. Street Tree Fee: By Developer or Per current fee schedule:
$515 per tree
Bonds:
a. Encroachment Bond: 100% of Off-site Improvements
The fees described above are imposed based upon the current fee schedule adopted
by the City Council. However, the fees imposed herein may be modified at the time
of recordation of a final map or issuance of a building permit in the event of said
change or changes, the fees changed at that time will reflect the then current fee
schedule.
24. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City’s “Public Works
Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the
Environmental Programs Manager. Clearance by the Public Works Department is
required prior to issuance of any City of Cupertino permits. (CMC 9.18.210 H & K)
25. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing utility
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underground provisions. Said plans shall be subject to prior approval of the
affected Utility provider and the Director of Public Works.
26. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment. Should above ground equipment be
permitted by the City, equipment and enclosures shall be screened with fencing and
landscaping such that said equipment is not visible from public street areas, as
determined by the Community Development Department. Transformers shall not
be located in the front or side building setback area.
27. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment
shall be placed away from the public right of way and site driveways to a location
approved by the Cupertino Planning Department, Santa Clara County Fire
Department and the water company.
28. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be
included in grading and street improvement plans.
29. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
30. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
31. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City. The plan shall include a temporary traffic control plan for
work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform Traffic
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Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
32. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the
Director of Public Works and shall be of a type approved by the City in accordance
with Ordinance No. 125.
33. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
34. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of any City of Cupertino permits. Clearance
should include written approval of the location of any proposed Fire Backflow
Preventers, Fire Department Connections and Fire Hydrants (typically Backflow
Preventers should be located on private property adjacent to the public right of way,
and fire department connections must be located within 100’ of a Fire Hydrant).
35. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
36. SAN JOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before
issuance of any City of Cupertino permits.
37. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract
water from the underground basin or any underground strata in the Santa Clara
Valley.
38. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of any City of Cupertino permits.
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INTRODUCED this ____ day of ______, 2023, at a Regular Meeting of the City Council
of the City of Cupertino and ENACTED on the ____ day of _____, 2023, at a Regular
Meeting of the City Council of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
_
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
___
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
____
Christopher Jensen, City Attorney
________________________
Date
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A PARKING EXCEPTION TO ALLOW OFF-SITE
PARKING AND A NON-CONFORMING ON-SITE PARKING LOT, LOCATED AT 1170
YORKSHIRE DRIVE
The Planning Commission recommends that the City Council:
1. Determine that the Project, as proposed, is categorically exempt from the California
Environmental Quality Act (“CEQA”) per section 15301 (Existing Facilities) of the CEQA
Guidelines because it can be seen that the use of the existing public school site as a private
educational facility, involves only minor physical changes to the site and therefore will
result in negligible or no expansion of use; and that none of the exceptions in CEQA
Guidelines section 15300.2 apply;
2. Approve the Parking Exception (EXC-2023-009) as indicated in Exhibit A
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of
Cupertino the 14th day of November, 2023, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
_____
Piu Ghosh Steven Scharf
Planning Manager Chair, Planning Commission
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EXHIBIT A
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A PARKING EXCEPTION TO ALLOW OFF-SITE PARKING AND AN
ALTERNATIVE ON-SITE PARKING LOT DESIGN, LOCATED AT 1170 YORKSHIRE
DRIVE
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2023-009
Applicant: Grace Stanat on behalf of Tessellations
Location: 1170 Yorkshire Drive, APN: 362 08 001
SECTION II: FINDINGS FOR A PARKING EXCEPTION:
WHEREAS, the City Council of the City of Cupertino received an application for a Parking
Exception as described in Section I. of this Resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970
(Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines
(California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"),
the City staff has independently studied the proposed Project and has determined that the Project
is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines
section 15301 for the reasons set forth in the staff report dated December 5, 2023 and incorporated
herein; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council has held at least one public hearing in
regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the City Council finds as follows with regard to this application:
a) The literal enforcement of this chapter will result in restrictions inconsistent with the spirit
and intent of this chapter;
Table 19.124.040 (A) of the City’s Parking Ordinance requires the project to provide a total of 148
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EXHIBIT A
parking spaces on site, the existing public school site has a total of 47 parking spaces available,
resulting in a deficit of 101 stalls in the proposed parking supply. However, Municipal Code Chapter
19.124 provides for alternative parking considerations through the exception process. The applicant
has proposed the use of an off-site parking lot for staff parking and shuttling of staff from the off-site
parking lot to the site. This off-site location would accommodate an additional 81 parking spaces.
Additionally, the applicant has proposed 20 alternative parking spaces on- ite which would
accommodate the total required number of parking spaces. Applying the standard requirements for
on-site parking and conforming parking stall and aisle sizes on this property would result in a site
that is significantly developed with parking and would remove valuable open space. The development
would be detrimental to the peace and enjoyment of neighboring property owners or residents and
would therefore be inconsistent with the stated intent of Chapter 19.124.
b) The granting of the exception will not be injurious to property or improvements in the area
nor be detrimental to the public safety, health and welfare;
Given that the project is consistent with the General Plan and Zoning Ordinances and has been
designed to be compatible with and respectful of adjoining land uses, the project will not be detrimental
or injurious to property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience.
c) The exception to be granted is one that will require the least modification and the minimum
variance to accomplish the purpose;
See Section A above.
d) The proposed exception will not result in significant impacts to neighboring properties;
Given that the project proposes the minimum supply required by the Municipal Code and there are
traffic management measures proposed by the applicant and included in the conditions of approval,
the proposed exception is not anticipated to result in significant parking impacts to neighboring
properties.
WHEREAS, the City Council is the approval authority for this project and is granted the authority
by the Municipal Code to exercise its independent judgment, based on the record before it, for
purposes of the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED that the City Council takes the following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15301. The Class 1 exemption applies to
existing facilities that involve negligible or no expansion of existing or former use. The
proposed project includes only minor alterations to the existing school facility.
Therefore, the proposed project would not involve the expansion of the former use
(Section 15301, Class 1), will not significantly expand the use beyond the current use
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EXHIBIT A
that already exists or previously existed, and will not have a significant effect on the
environment.
2. Approves the application for a Parking Exception, Application no. EXC-2023-009
subject to conditions which are enumerated in this Resolution beginning on PAGE 3
thereof. The conclusions and sub-conclusions upon which the findings and conditions
specified in this resolution are based, including those contained in the Public Hearing
record concerning Application No. EXC-2023-009 as set forth in the Minutes of City
Council Meeting of December 5, 2023, are hereby incorporated by reference as though
fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled and documentation entitled “Regnart Elementary
School Fabric Shade Structure” prepared by i Parch Architect, consisting of 8 sheets showing
the existing site plan, and “Tessellations Project Description for Cupertino Planning Division”
and “Applicant Response # 1 (October 9, 2023)” prepared by Tessellations School staff,
consisting of 34 sheets, except as may be amended by conditions in this resolution.
2. ACCURACY OF 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. U-2023-002 shall be applicable to this
approval.
4. PARKING EXCEPTION APPROVAL AND PROJECT AMENDMENTS
Parking Exception approval is granted to allow for the use of an off-site parking lot and shuttle
system and an alternative on-site parking lot design to accommodate 20 parking spaces. The
Director of Community Development may approve minor modifications to the locations of
the tandem and regular stalls, and the quantity of regular stalls, provided it does not reduce
stalls below the approved parking ratio.
The Planning Commission shall review modifications considered major by the Director of
Community Development.
5. AUTO PARKING RATIO
The project auto parking supply shall be provided at the rate outlined by the Municipal
Code.
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EXHIBIT A
6. TOTAL AVAILABLE PARKING
A reduction in the total number of required parking spaces is not approved with this project.
The applicant shall provide adequate off-site parking at the location specified at 20900
McClellan Road. In the event, operations at 20900 McClellan Road cease or relocate and the
applicant would like to accommodate parking elsewhere, the applicant has the following
options with the approval of a Director's Minor Modification:
a) Modify the business plan to reduce required parking to allow the cars to be parked on
site, to be approved by the Director of Community Development; or
b) Modify the location of the offsite parking lot, to be approved by the Director of
Community Development; or
c) Demonstrate to the City that the parking of cars on site does not affect the parking
requirements for the operations via a parking study by an independent traffic/parking
consultant, the be reviewed and approved by the Director of Community Development.
7. COORDINATION WITH DEPARTMENTS FOR PARKING IMPROVEMENTS
Any expansion of parking on site shall require review and approval by the property owner,
Division of the State Architect Department of Community Development, the Public Works
Department, and the Santa Clara County Fire Department. Plans shall be submitted prior to
commencement of approved use.
8. TANDEM PARKING STALL MANAGEMENT
Tandem parking stalls shall be reserved for employee use only. Employee vehicles shall be
moved when necessary in order to allow employees to leave when their shift is over. The plan
shall take into account the start and end times of employees’ shifts in order to minimize the
amount of vehicle re-parking that needs to occur.
9. TRANSPORTATION DEMAND MEASURES (TDM)
The Director of Community Development has the ability to require additional transportation
demand measures (TDM) to address any future parking concerns. Examples of TDM may
include, but are not limited to:
a. Valet service
b. Off-site parking
c. Carpool or vanpool services
d. Additional onsite parking
e. Transit improvements
f. Non-motorized improvements
g. Shift peak-shared parking
h. Guaranteed ride home
i. Taxi service
j. Pricing
k. Increased shuttle service
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EXHIBIT A
10. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in
accordance with the City’s Parking Regulations under Chapter 19.124 of the Cupertino
Municipal Code.
11. PAYMENT OF OUTSTANDING FEES
The applicant shall make payment of any outstanding fees associated with this permit prior
to the commencement of permitted activities.
12. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult 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.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
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.
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,
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EXHIBIT A
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.
14. 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.
INTRODUCED this ____ day of ______, 2023, at a Regular Meeting of the City Council of the City
of Cupertino and ENACTED on the ____ day of _____, 2023, at a Regular Meeting of the City
Council of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
_
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
___
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
____
________________________
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EXHIBIT A
Christopher Jensen, City Attorney
Date
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YO
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(E) LOADING ZONE(E) RELOCATABLE
CLASSROOM
TYPE V - N HR
960 S.F.
DSA #49606
(E) RELOCATABLE
CLASSROOM
TYPE V - N HR
960 S.F.
DSA #49606
(E)
RELOCATABLE
CLASSROOM
TYPE V - N HR
960 S.F.
DSA #66937
(E)
RELOCATABLE
CLASSROOM
TYPE V - N HR
960 S.F.
DSA #69066
(E)
RELOCATABLE
CLASSROOM
TYPE V - N HR
960 S.F.
DSA #69066
(E) RELOCATABLE
CLASSROOM
TYPE V - N HR
960 S.F.
DSA #64503
(E) RELOCATABLE
CLASSROOM
TYPE V - N HR
960 S.F.
DSA #59252
(E) RELOCATABLE
CLASSROOM
TYPE V - N HR
960 S.F.
DSA #49606
(E) RELOCATABLE
CLASSROOM
TYPE V - N HR
960 S.F.
DSA #49606
(E) RELOCATABLE
STUDENT VILLAGE
TYPE V - N HR
2,400 S.F.
DSA #51755
(E) BUILDING "C"
CLASSROOMS
TYPE V - N
3,930 S.F.
DSA #19480
(E) BUILDING "E"
CLASSROOMS
TYPE V - N
3,930 S.F.
DSA #19480
(E) BUILDING "D"
CLASSROOMS
TYPE V - N
3,930 S.F.
DSA #19480
(E) BUILDING "F"
CLASSROOMS
TYPE V - N
3,930 S.F.
DSA #19480
(E) BUILDING "B"
CLASSROOMS
TYPE V - N
3,930 S.F.
DSA #51783
(E) BUILDING "H"
ADMIN.
TYPE V - N
2,405 S.F.
DSA #19480
DSA #55794
(E) BUILDING "G"
CLASSROOMS
TYPE V - N
3,930 S.F.
DSA #19480
(E) BUILDING "A"
GUIDED LEARNING CENTER
TYPE V - 1 HR
13,625 S.F.
DSA #51783
MULTI-USE
DSA #31225
23
TYP.
27
26
30
29
28
20
21
22
23
11 TYP.
8
6
7
15
15
3
8
6
6
17
17
15
1 5
8
DSA #51783
DSA #51783
REGNART ELEMENTARY SCHOOL - SITE PLAN
SCALE: 1"=30'-0"PLAN NORTH
(E) PLAY FIELD
19 20
19 20
19
19
19
19
12 14TYP.
9 9
9
9 9
10
9
10
(E) LAWN
19
14
14
16
16
16
14
(E) TURF
(E) LAWN
14
16
1412
14
14
(E) TURF
19
TYP.
3
4
21
TYP.
(E) LAWN
(E) LAWN
EDGE OF (E) A.C.
PAVING
18
33
16
(E) TREE TO
REMAIN
(E) IRRIGATION
EQUIP.
(E) CONC.
PLANTERS
TO REMAIN
19
12'-0"
DSA #55794-
SIM. TO DET
8/A1.2
29
15
PARKING RATIO:
TOTAL PARKING SPACE: 53
TOTAL DA SPACE: 4 (REQ'D 3)
DSA #51783
DSA #51783
DSA #51783
DSA #51783
2
2
2
DSA #55794
DSA #55794
DSA #55794
DSA #51755- SIM.TO 7/A1.2
TYP.
3
(E) SHADE STRUCTURES
TYPE V - N
1,600 S.F.
DSA #112993
22
1
A1.2
ACCESSIBLE PATH OF TRAVEL: A BARRIER FREE ACCESS
WITHOUT ANY ABRUPT VERTICAL CHANGES EXCEEDING 1/2" AT
1:2 MAXIMUM SLOPE, EXCEPT THAT LEVEL CHANGES DO NOT
EXCEED 1/4" VERTICAL. MAXIMUM CROSS SLOPE OF 2 % .
ARCHITECT AND CONTRACTOR TO VERIFY THAT ALL BARRIERS IN
THE PATH OF TRAVEL HAVE BEEN REMOVED PER SECTION
1133B.7
LEGEND:
EXISTING BUILDINGS TO REMAIN ( NO WORK TO BE DONE)
SITE PLAN NOTES:
SCOPE OF WORK
(E) VAN ACCESSIBLE PARKING SIGN.
(E) D.A. TOWAWAY SIGN.
(E) D.A. PARKING SPACE.
GENERAL SHEET NOTES:
(E) PATH OF TRAVEL IS FLAT, APPROX. 0.5-1% WITHOUT
ANY CROSS SLOPE EXCEEDING 2%, OR ABRUPT CHANGES
IN LEVEL; MIN. 8'-0" CLEARANCE; (E) NON-SKID LIGHT
BROOM FINISH CONC.; WITHOUT ANY STEPS, RAMPS OR
STAIRS.
A.
(E) FIRE HYDRANT.
(E) D.A. DRINKING FOUNTAIN.
(E) TREE WELL / PLANTER.
(E) VAN ACCESSIBLE PARKING SPACE.
(E) ACCESSIBLE RESTROOMS
PROPERTY LINE
(N) A.C. PAVING
CONTRACTOR TO PROVIDE TEMPORARY CONSTRUCTION
FENCE PER DETAIL 10/A1.2, REVIEW LOCATION WITH THE DISTRICT.
D.
(E) D.A. PARKING SIGN.
(E) STUDENT TOILETS- SEE FLOOR PLANS
(E) STAFF TOILETS- SEE FLOOR PLANS
(E) CHAIN LINK FENCE.
(E) COVERED WALKWAY.
(E) A.C. PAVING TO REMAIN.
(E) CONCRETE PAVING TO REMAIN.
(E) DSA APPROVED CONCRETE CURB CUT.
(E) PLAY AREA.
CONTRACTOR TO MAINTAIN THE PATH OF TRAVEL WITHOUT
CREATING ANY OBSTRUCTION DURING CONSTRUCTION
PHASE.
B.
SEE STRUCTURAL, ELECTRICAL, MECHANICAL, AND PLUMBING FOR
MORE INFORMATION.
C.
(E) AC PAVING.
(E) AC TOPSEAL OVER (E) AC PAVING.
(E) GAME LINES.
(N) CONC. PAVING
(N) TURF AT PLAY FIELDS.
ASSUMED PROPERTY LINE
(E) 3' x 3' D.A. PAVEMENT SYMBOL PER CBC.SEC.1129B.5.
(E) COVERED FABRIC SHADE LUNCH AREA.
(E) LANDSCAPED AREA.
(E) PLAY EQUIPMENT, FURNISHED & INSTALLED BY SCHOOL DISTRICT.
NOT USED.
NOT USED.
NOT USED.
REMOVE D.A. PARKING SIGN AND PAINT OVER D.A. PARKING SYMBOL.
RELOCATED VAN ACCESSIBLE PARKING SIGN.
(E) STRIPING @ D.A. PARKING.
(E) CONCRETE PAVING.
(E) EQUIP. CONC. PAD W/ EQUIP. FENCE.
(E) CONTAINER TO BE MOVED BEFORE (N) A.C. PAVING WORK IS DONE,
RELOCATE PER SCHOOL DISTRICT.
(E) PARKING SPACE, STRIPING AS SHOWN.
1 HR RATED WALL
2 HR AREA SEPARATION WALL
E.PROVIDE SIGN ON OR ADJACENT TO GATES WITHIN PATH OF TRAVEL
STATING THAT "THIS GATE IS TO REMAIN LOCKED IN OPEN POSITION
DURING SCHOOL/BUSINESS HOURS OR DURING A PUBLIC FUNCTION"
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14
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(E) SIGN STATING " ACCESSIBLE LOADING ZONE".34
EXTERIOR PAINTING : PAINT ALL PERMANENT BUILDINGS, RELOCATABLES,
COVERED WALKWAYS AND CANOPIES, SEE SPECIFICATIONS.
F.
Cupertino, Ca 95014
FABRIC SHADE
1170 Yorkshire
10582 STERLING BLVD.
S A N JOSE , C A 9 5 0 1 4
T 4 0 8 . 4 1 0 . 3 4 4 1
www.nickbui006@gmail.com
i PARCH ARCHITECT
A1.1
bach.tran@tessellations.school
REGNART SCHOOL
(408) 891-8702
43-13
01-xxxxxx
IDENTIFICATION STAMP
DSA FILE NUMBER
DATE______________________
DIV. OF THE STATE ARCHITECT
APPL.#
AC _____ FLS _____ SS_____
TESSELLATIONS SCHOOL
Cupertino School District
caroline.gupta@
tessellations.school
STRUCTURE
SI
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Tessellations Project Description for Cupertino Planning Division
Location: 1170 Yorkshire Drive
Detailed description of operations
Tessellations is a K-8 independent, progressive school tailored for gifted students. It was
created in 2020 by a group of like-minded parents and educators dedicated to serving the needs
of the whole child. Tessellations provides challenging experiential education that recognizes and
nurtures the individual strengths of gifted learners, empowering them to confidently express who
they are and pursue a meaningful life. We are a community of imaginative, empathetic,
productive, and passionate lifelong learners who advance an equitable and sustainable world.
In the 2023-2024 academic year, Tessellations expects to have approximately 200 students
ages 5-13 (grades K-8). It is expected to have 64 full-time staff and 6 part-time staff for the
2023-2024 academic year. Classes offered include homeroom classes for grades K-8,
mathematics, literacy, humanities, science, art, theater, music, physical education/movement,
and electives.
Tessellations is considering opening or subleasing (with CUSD’s permission) a Preschool,
Transitional Kindergarten, or Day Care on the site. We understand that would require a different
license, and we are looking into it presently.
Tessellations is also considering subleasing (with CUSD’s permission) space to various after-
school vendors or service providers. These would all be in keeping with our mission of serving
the student population and would likely be relatively short-term as we grow to utilize the entire
campus.
Student enrollment for academic year 2023-2024 is expected to be:
Age Expected Number
5 (kindergarten) 28
6 (1st grade) 18
7 (2nd grade) 22
8 (3rd grade) 23
9 (4th grade) 20
10 (5th grade) 25
11 (6th grade) 31
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2
12 (7th grade) 14
13 (8th grade) 20
Hours of Operations
From August through June, hours of operation are:
Day of Week Student Drop Off School in
Session
Student Pick Up Aftercare
Monday -
Thursday
8:00-8:15am 8:00am-3:30pm 3:15-3:30pm 3:30-6:00pm
Friday 8:00-8:15am 8:00am-12:30pm 12:15-12:30pm 12:30-6:00pm
Future activities
In June-July 2024, Tessellations will offer several weeks of summer camp for grades K-8,
details yet to be determined.
In August 2024, Tessellations will add a 9th grade, with the intention to add an additional year of
high school each year for the following three years. The high school will be moved to another
site after the first year.
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3
Site plan and maps
Aerial view of property (Google Maps)
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4
Site Map provided by Cupertino Unified School District showing existing buildings.
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5
Building Description of Usage
Building A Auditorium, library, art classroom, maker space classroom, music
classroom, and staff lounge
Building Group B Classrooms, teaching spaces
Building Group C Classrooms, teaching spaces
Building Group D Classrooms, teaching spaces
Building Group E Classrooms, teaching spaces
Building Group F Classrooms, teaching spaces
Building Group G Two kindergarten classrooms and a room currently labeled “Speech”
that we will use as a meeting space
Building H Main office with receptionist desk, meeting room, and infirmary
Buildings C20-C29 Meeting spaces for staff and adults
Buildings C30-C31 Previously leased to Far East, an after-school Chinese program. This
is labeled on CUSD’s map as “Daycare” but is not a daycare program.
Presently the space is used as storage, but may be assigned a
different use in the future.
Parking, Drop-off, and Pick-up
Parking spaces are indicated on the map.
During student drop-off and pick-up times, kindergarten families will park in the parking spaces
and walk their students to the classroom. Other families will form a car line to drop off students
at the front of the school on Yorkshire Drive in the yellow zone designated on the map.
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RE: Application Incomplete Letter
1170 Yorkshire Drive
Conditional Use Permit, File # U-2023-002
Applicant Response # 1 (October 9, 2023)
The purpose of this document is to respond to the City of Cupertino’s Application Incomplete
Letter for Conditional use Permit, File # U-2023-002. . All of the points of the letter are copied
below, with responses following each point.
Additionally, we also wanted to take this opportunity to provide a more comprehensive
overview of our school operations for the benefit of City staff.
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Tessellations Overview
Our Population: We serve asynchronous learners, meaning children that are more advanced in
one area than another. E.g., they may be several years ahead in mathematics, but at grade level
when it comes to literacy, or vice versa. Or they may be exceptionally advanced in terms of
conceptual thinking, but struggle with a social-emotional issue (perfectionism, risk-taking,
etc.). Most of the children that attend our school do so because their families have decided
that they benefit significantly from a different type of education, crafted especially for this type
of learner. Thus, we are quite different from yet another achievement-oriented high-pressure
Bay Area private school. In many ways, we are the opposite of those schools.
Most importantly, we are serving a segment of the population that is “left behind” both by the public
schools, as well as the traditional private school network. This is not a criticism of either of those
categories of institutions; unfortunately, however, neither is set up to adequately serve the needs of
our population. This was the impetus for forming Tessellations in the first place.
Non-Profit: We are a not-for-profit corporation. Our goal is purely to serve our students; we are
not financially driven.
Our Mission: Tessellations provides challenging experiential education that recognizes and
nurtures the individual strengths of gifted learners, empowering them to confidently express
who they are and pursue a meaningful life.
Scope of Use: We are applying as a PreK-9th school, including an after-school program and a
summer camp program. For further details, see Item 6 below.
Grade Bands: Tessellations uses a grade band system for homerooms. Kindergarten is it’s own
grade band, as is 1st grade. 2nd and 3rd grades are together, as are 4th/5th and 6th/7th. 8th is
by itself. This method is considered best practice for asynchronous learners due to the
possibility of grouping kids together that may have a wide array of abilities.
Project-Based Learning: At Tessellations, each grade band will cover one or more Journeys
every year. “Journeys” are what we call our Project-Based Learning curriculum, and they are a
project-based, integrated approach to instruction in multiple subjects. English Language Arts,
Social Studies, Science, History, and Art are woven into a meaningful and relevant storyline,
instead of treating the subjects as discrete classes. Journeys are designed to strengthen
conceptual understanding through critical examination, deep reflection, and meaningful
connection to the real world in a collaborative learning experience. All Journeys include SEL
(Social Emotional Learning) and DEIB (Diversity Equity Inclusion Belonging) components.
Social Emotional Learning: Social and Emotional Learning (SEL) is incorporated into school
experiences in the form of daily opening and closing circles, dedicated SEL classes, and
curriculum connections to every single Journey. The SEL curriculum supports student’s
development of a deep sense of self, interpersonal relationships, community connections, as
well as their personal agency, their potential to impact on the world around them, and the
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pursuit of meaningful intellectual endeavors. Teachers work with students to build a toolbox
for processing uncomfortable feelings, managing perfectionism, and working through conflicts
with others. K-3 students are taught and encouraged to use the Zones of Regulation to help
them understand and communicate their feelings. As students grow, they develop a deep
sense of self, an understanding of community, and navigate the evolving relationships of
childhood. They examine and discuss topics such as emotional intelligence, perspective
taking, stress management, responsible decision-making, resilience, and the development of a
growth mindset. Tessellations’ SEL curriculum is informed by a growing body of research that
demonstrates its positive impact on a wide range of outcomes, including academic
performance, metacognition, interpersonal relationships, and mental health. Tessellations
considers SEL work and a focus on whole-child development to be of utmost importance.
Narrative Reporting: Tessellations does not use a standard grade-based reporting structure.
Instead, we utilize narrative-based reports to give students and their families comprehensive
written feedback on the student's performance, strengths, and areas for improvement. This
supports students in developing a growth mindset, taking educational risks, and working
collaboratively with peers.
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Outdoor Education Program: Once each week, each homeroom goes on a field trip to our
Nature Campus for the better part of a full day. They travel to/from the Nature Campus by
school vans, which leave around 10:30am and return around 3pm. We lease access to this
space from AbilityPath/ViaWest, a non-profit organization whose mission is to serve
individuals with disabilities. Connection with and respect for nature is one of our core values at
Tessellations. We aim to inspire our students to be comfortable in nature and lifelong stewards
of our planet. The beautiful natural space at the Tessellations Nature Campus is the perfect
setting for outdoor education, which includes weekly hikes, classes conducted outdoors,
science experiments and observation, free play and exploration in nature, and camping trips.
We want our students to develop a long-term relationship with a consistent natural setting,
observing the plants and animals across all seasons. Our unique Outdoor Program provides
lifelong memories of time spent in nature, such as reading next to a favorite tree or
documenting changes in the environment. These experiences will guide our children’s choices
long after graduation.
Tessellations Nature Campus is a 13-acre, completely fenced-in outdoor recreation and natural
area in the Cupertino foothills. Amenities include: garden, greenhouse, hiking trails, creek, open
woods where children can build play-forts with natural materials, cabins and tent camping
areas, two swimming pools (one is 3ft for individuals with disabilities), outdoor amphitheater,
BBQ pit, playground, and sport court.
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Academic Calendar: Below is a graphic of our yearly calendar for the 2023-2024 school year.
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Daily Schedule: Certain classes (Math, Literacy, and Journey - our Project-Based Learning
curriculum), happen daily at Tessellations. Other classes, including explorations
Below is a graphic of our generalized daily schedule:
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Geographic Demographics: Our community comes from a wide geographic area since our
school provides a program that is unique in the Bay Area. The following map shows where our
families live:
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Items from the Application Incomplete Letter
PLEASE NOTE: CUSD informed Tessellations that any changes to the buildings and premises
at 1170 Yorkshire Drive should be conducted under the approval of CUSD and DSA:
The Division of the State Architect (DSA) provides design and construction oversight for K–12
schools, community colleges, and various other state-owned and state-leased facilities to ensure
that they comply with all structural, accessibility, and fire and life safety codes.
CUSD has further stated the following: “All facility and site improvement goes through the
District and its approval processes.” They further clarified that this was true due to the
ownership of the buildings rather than the use of the buildings.
We are hoping that the City and CUSD are in agreement on this point. Based on the direction
from CUSD, Tessellations has been, as directed, strictly following the School District and DSA’s
process to date. Please let us know if this is acceptable.
1. Mailing Address
Please confirm the mailing address for Tessellations.
Our mailing address is 1170 Yorkshire Dr, Cupertino, CA 95014.
2. Other Department Comments
Please review and address provided comments from Public Works Department, the
Environmental Services Division, and the County Fire Department. Please note that additional
comments from the City’s Building Division are pending and will be forwarded to the applicant
upon receipt.
To our knowledge, we are not aware of any outstanding comments referenced above. Please
confirm that we are not missing anything and please forward them to us if they become
available.
3. Environmental Review
Please note that results of the requested reports may necessitate the preparation of an Initial
Study, an environmental document to assess the project’s impact under the California
Environmental Quality Act. An additional deposit for environmental review may be required
depending on the level of environmental review required. Deposit amount will be determined
based on an initial estimate from the City’s environmental consultant following further project
review.
It is our understanding that there are no action items based on the above at this time. Please
let us know if this is incorrect.
4. Permit Requirements
Based on responses to the information requested below and the extent of site improvements
proposed, an Architectural and Site Approval Permit may be required. This permit will be
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processed concurrently with this Use Permit and will have an associated permit fee between
$14,557 and $21,667.
Referencing the point raised at the beginning of this section, it is current understanding that all
renovations, painting, and landscape modifications are required to go through CUSD’s approval
process; CUSD has instructed Tessellations that building improvements to CUSD facilities are
not governed by the City and must go through CUSD’s established process. Please let us know
if this is acceptable.
5. Proposed Site Improvements
Described exterior improvements include re-painting, modification to landscaping, window and
door repair/replacement, fence repair, sign replacement, and a new shade structure. These
improvements may require Planning permits. Please provide additional details and plans for
the proposed improvements. Please also note that pursuant to state law, in addition to
Planning permits, the proposed improvements may require a Building Permit from the City of
Cupertino. Please coordinate with our Building Division to determine permitting requirements.
They may be contacted at permitcenter@cupertino.org.
Referencing the point raised at the beginning of this section, it is current understanding that all
renovations, painting, and landscape modifications are required to go through CUSD’s approval
process; CUSD has instructed Tessellations that building improvements to CUSD facilities are
not governed by the City and must go through CUSD’s established process. Please let us know
if this is acceptable.
The one significant item we have planned is a new shade structure (40’ x 60’ x 10’), which has
been approved by CUSD and DSA. The shade structure is in the back of the campus and not at
all viewable from Yorkshire Drive. Please see the attached document ( S1-PLANSET
Tessellations ).
6. Proposed Uses
The Use Permit application is for the use of the site for an independent, private K-8 school. The
documents provided note that there are several activities and uses being “considered” for the
future, including aftercare, a day care, transitional kindergarten, preschool, subletting to other
vendors, summer camp, and a 9th grade expansion. These are currently not considered within
the scope of the application, are not being reviewed and should not be assumed to be
permitted activities on the site. If there is a desire to have uses beyond the independent,
private K-8 school, please amend the Use Permit application to include the uses which will be
conducted from the site and provide details of each proposed use, including the days and
hours of operation, maximum number of students and staff, whether these operations will be
open to the public or only existing enrolled students of the K-8 school, proposed programs,
types of vendors and service providers being considered, and the location of proposed uses.
Please also identify the number and type of Special Events that are anticipated that the School
will host for parents and for fund raising activities. These include events like Book Fairs, Spring
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Socials, Back to School nights, Holiday events, music and theater events etc. Please identify
the maximum anticipated attendees, vendors etc.
Scope of Use: We are applying as a PreK-9th school, with a maximum capacity of 300 students
and 85 simultaneous staff. We are in the process of applying for a Preschool license, and we
hope to open our preschool in January 2024. We are also planning on adding 9th grade in Fall
2024. Note, however, that high school will only be 9th grade on the current campus, and only
for one year. In future years, we plan to move the high school to another site, so from then
onward the current campus will be PK-8th. We also have an after-school program that runs
from the end of class until 6pm on Mon-Thu and 5pm on Fri. This program is only open to our
students. We also plan to have summer camp during the summer, which will be open to both
our students and the general public.
Outside of regular school hours, we expect no more than 7 larger school-sanctioned events per
year on either evenings or weekends. These include: Welcome Picnic (weekend),
Back-to-School Night (evening), Winter Festival (evening), Fundraising Gala (evening), Middle
School Dance (weekday evening), and Graduation (Friday during the day). These special events
would be attended by up to 500 people and would not go past 9:00 pm.
Additionally, there would be numerous smaller events (less than 60 people) that happen
throughout the year, including an open house for the neighborhood (weekend 10am-12pm),
open houses/workgroups/tours for applying families (9am-10:15am for K-3rd, 10:45am-12pm
for 4th-8th, 7pm-8:45pm for 9th), Celebrations of Learning for each homeroom (during the
normal school day), musical/theater performances (usually 4pm-5pm on a weekday),
parent/guardian conferences (throughout the day spanning specific dates twice/year, plus
additional ad hoc as requested by our family population), parent education sessions (usually in
the evening from 7pm-8:30pm), and board game days (weekend 1pm-3pm). These special
events would not go past 9:00 pm.
We understand that the field is maintained by the City and our lease contemplates our use of
the field during school hours (until 4pm), with the ability to rent it out for later afternoons when
necessary. We use the field for typical school uses, including recess, PE, games, and sports.
We recently learned that the City would prefer that we rent the field for all times that we would
like to use it, so we will work with both the City and CUSD on making that transition.
Included in the maximum staff count of 85, we plan to have various vendors on site to provide
services for our students, some as a one-time visit (e.g., a puppet show) and others on a
regular basis, including a Social Emotional Learning team (2 people) visit us on Wednesdays
for a few hours to work with our various classes and teachers and we have various vendors
come in for after-school activities (dance instructor, math competitions coach, volleyball
coach, chess coach, parents/guardians chaperoning Lego League, etc.).
7. Total Maximum Number of Students and Staff
Please clarify the maximum number of students that will be on site at one time for all uses
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that are proposed. Please also provide the maximum number of staff, including administrative,
janitorial, traffic control etc., that will be on site at one time for all uses that are proposed.
Our maximum student body will be 300 (it is less than 200 at present). The current estimate of
the maximum number of students by age is as follows:
● 2023-2024: K-8th: 200, with 18-24 additional preschool joining in January
● 2024-2025: PK: 30; K-8th: 230; 9th: 40
● 2025-2026 onward: PK: 30; K-8th: 270
The maximum number of kids in our after-school program is currently 70. For purposes of this
application we would like to consider a number of 125.
The maximum number of kids in our Summer Camp program would be 200.
Maximum number of staff, including teachers, administrative, janitorial, and traffic control is
currently 70. With expansion over the next few years that number will increase to 85.
8. Hours of Operation
Please provide the proposed dates and hours of operation for each proposed use including
staff arrival times and campus closure times. Please provide specifics regarding events that
will take place before or after the proposed hours of operation (i.e.,8:00 a.m. to 6:00 p.m.) or on
weekends. Additionally, please indicate how the proposed hours of operation, including school
drop off and pick up, have been coordinated with Cupertino Union School District and Fremont
Union High School District and any restrictions outlined in your lease agreement.
Hours of Operation: Our normal hours of operation are Monday through Friday from 6:30am to
8pm, with typical school operations occurring between 7:30am and 6:30pm. Classes begin at
8am and end at 3:15pm. See the schedule presented earlier in this document for additional
details.
Drop-Off and Pick-Up: Drop-off occurs between 8am and 8:15am on Mon - Fri. Pick-up occurs
between 3:15pm and 3:30pm on Mon - Thu and between 12:15pm and 12:30pm on Friday.
Pick-up at Base Camp (our after-school program) happens at various times (when various
activities end) through 6pm Mon - Thu and 5pm on Fri. Drop-off and pick-up happen entirely on
our premises; we do not utilize the loading zone in the street. Base Camp pick-up happens at
the back gate on Yorkshire (see parking, Item #11 below, for more information about the back
gate).
Tessellations’ school start / end time of 8:15am / 3:15pm (12:15pm on Fri) was established in
collaboration with CUSD officials. CUSD both advised and approved our start/end times. While
it is not feasible to have times that have zero conflict with all nearby schools, CUSD agrees
that our current solution is appropriate and reasonable. For reference, the nearby schools
considered most closely when choosing our times are:
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● Kennedy Middle School (0.7 miles from Tessellations) has a start time of 8am (except
for Wed when it is 9:32am) and ends at 3:05pm.
● Lincoln Elementary School (1.2 miles from Tessellations) has a start time of 8:10am
and end time of 2:45pm (except on Tue when it is 1:40pm).
● Monta Vista High School (1.4 miles from Tessellations) has a start time of 8:30am and
a end time of 3:50pm (except on Wed/Fri when it is 3:05pm).
Most importantly, we have instructed our families to drive in via Rainbow Dr. (as opposed to
Bubb Rd.) and provided maps for assistance. Since the vast majority of our families arrive via
freeway, this means that we have very little impact (if any) on the traffic flow to nearby
schools. While the times chosen are obviously important, this traffic flow distinction has a
significantly higher impact.
9. Transportation Study
A transportation study is required to determine if there are any potential transportation-related
impacts resulting from the proposed project. The study shall be conducted in accordance with
the City’s Transportation Study Guidelines. City staff will generally retain a transportation
consultant, paid for by the applicant, to conduct the required transportation study and manage
the consultant contract. The consultant contract is executed with the City to avoid any
perceived conflicts of interest. Following confirmation of the scope of work outlined above, the
City shall provide an estimate of costs for the study. Please note that an administrative fee of
15% of the contract amount applies to all third part contracts executed by the City.
Due to the significantly lower headcount compared to historical average, Tessellations does
not expect transportation-related impacts resulting from school operations. However, if time
permits, Tessellations is willing to produce the required traffic study to ensure compliance
with City requirements.
As visual evidence, we captured THIS VIDEO on 10/6/23 of our drop-off procedure. As you can
see (even by fast-forwarding through the video), there is never a time when the cars back up
onto Yorkshire. Transparently, there are times when this happens, but it is infrequent now that
we have our procedures worked out well.
Below is historical population data for the Regnart Elementary site (source: CUSD):
Regnart Student and Staff Headcounts
Year Students Staff FTEs
2000-01 615 55 37.477
2001-02 605 59 38.726
2002-03 581 53 34.563
2003-04 589 57 36.689
2004-05 632 54 37.814
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2005-06 620 52 35.438
2006-07 605 54 34.376
2007-08 636 58 36.127
2008-09 652 52 40.877
2009-10 608 57 40.877
2010-11 619 50 40.691
2011-12 559 48 37.878
2012-13 547 42 34.064
2013-14 563 48 34.128
2014-15 537 42 34.315
2015-16 531 42 35.189
2016-17 475 49 36.002
2017-18 481 51 36.627
2018-19 452 51 35.852
2019-20 421 50 34.877
2020-21 357 42 31.377
2021-22 309 40 31.377
10. Drop Off and Pick Up Areas
a. Please clarify the linear feet of off- and on-street loading zones.
Our off-street loading zone is 235 linear feet. We do not use public streets for loading.
QUESTION: Is it acceptable for us to also use the yellow bus loading zone for carpool drop-off
and pick-up? This provides faster throughput & reduced traffic on Yorkshire Drive for cars that
are carrying 3 or more children.
b. Provide documentation of coordination with the Cupertino Union School District for location
of the drop off and pick up areas in the right of way.
We are not utilizing any areas in the right of way for drop-off and pick-up.
See question above (10.a).
c. Describe morning drop off operations and activities, including to the extent applicable:
number and age of students dropped off by time window (e.g., 8:00-8:15 a.m.), persons
available to assist with drop-off (e.g., staff, parents, students), staff available to manage
on-street crossings and traffic in the drop-off zone, and any associated school-operated
vehicles (e.g., vans, buses)
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We have 10 stations for cars to stop during drop-off and pick-up, with two extra overflow
stations at the front of the line.
For drop-off, cars simply pull in and go forward to the furthest available station. The vast
majority of our students (K-8th) arrive this way, although there are some that bike to school, as
well as some older children that walk in from various bus or car drop-off points. 5 staff are on
hand to supervise children exiting their vehicles and traffic flow issues. We also have a
crossing guard at Yorkshire and Folkstone, ensuring that pedestrians and bicyclists are safe,
and also facilitating the smooth flow of traffic. We prioritize neighborhood traffic. I.e., we
motion neighborhood cars and bikes through that intersection before allowing cars to leave
our premises.
For the future, we plan for preschool students and 9th graders to arrive later, so we can repeat
the process at that time. The numbers involved (see expected student headcount, Item #7) are
significantly lower for this sub-populations, so we do not anticipate any issues.
d. Describe afternoon pick up operations and activities, including to the extent applicable:
number and age of students picked up by time window (e.g., 3:00-3:15 p.m.), persons available
to assist with pick-up (e.g., staff, parents, students), and any associated school-operated
vehicles (e.g., vans, buses).
For pick-up, we utilize multiple systems in order to increase efficiency:
● We utilize an App for parents/guardians called DashPass. DashPass notifies the school
when a specific parent/guardian car enters a specific geo-fence location. At this point,
the teacher is notified to release the student and they proceed to the pick-up area.
There are also exceptions and processes for allowing one-time pick-up of friends in a
given family’s car. We have trained our parent/guardian community to use this app
successfully and it provides us with real-time data that is very helpful. We modify the
geo-fence and the timing of releases accordingly as we learn our community’s pattern.
Having spoken with the DashPass team, we understand that our operation is in the top
1% efficiency of schools using their system.
● Each parent/guardian car has a placard (or placards) showing the children that are to
be picked up in that car.
● We have a traffic monitor watching the cars as they come in. That monitor checks each
child off in our internal system (which we developed internally using AirTable) and
assigns them a pick-up station. We hold cars in batches of 10 so that they can all pull
in at the same time. If there are a couple of cars that are still waiting for children (who
may not all come out of class at the same speed) and thus holding up the next batch,
then we move them to one of our “overflow” spaces at the front of the line and then
move the next full batch in for pick-up.
● We have 7 staff helping with pick-up and traffic flow.
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As happens every year, this process gets much more efficient as everybody gets used to it. On
our first day of pick-up the process took 27min. Currently, we have the process down to more
like 13min, not including late arrivals.
For the future, we plan for preschool students to leave earlier and our 9th graders to leave later,
so we can repeat the process at that time. The numbers involved (see expected student
headcount, Item #7) are significantly lower for this sub-populations, so we do not anticipate
any issues.
e. What other transportation-related measures would the school or childcare facility take for
efficient and safe travel for children, families, and staff during drop off and pick up?
Examples include Notification to Parents of School Drop-Off & Pick-Up Management, most
efficient routes to enter and exit the neighborhood, Crossing guards (Describe locations),
Enforcement Program by School or Childcare staff of School or Childcare Drop-Off & Pick-Up
Management, Identification of Responsible Person who maintains Inventory Log of
Transportation-Related Complaints, Distribution of Monitoring Reports of the School Drop-Off
& Pick-Up Management, Distribution of Multimodal Access Guide to the School, Distribution of
Travel Safety Fact Sheets, Transportation Education Workshops. Describe below (e.g., bicycle
safety, step up Muni Program, etc.), Coordinated Walking or Biking Program (e.g., Walking
School Bus Program), Volunteer Carpooling Program, Shared Parking Agreements with Nearby
Parking Facilities, Commuter Benefit Program for Staff.
We utilize all of the following:
● Regular communications and reminders are sent to parent/guardians about following
our protocol for drop-off and pick-up, for both efficiency and safety reasons.
● We employ proper staffing during drop-off and pick-up (see above).
● We teach our students about safety protocols during drop-off and pick-up.
● We highly encourage carpooling in our community, and many families are doing this.
Though this changes from day to day, we currently estimate that approximately 50% of
our children arrive and leave in a car with more than one child in it. This number is far
above Bay Area and national averages (e.g., in San Francisco the number less than 5%).
● We have instructed our families to drive in via Rainbow Dr. (as opposed to Bubb Rd.)
and provided maps for assistance. Since the vast majority of our families arrive via
freeway, this means that we have very little impact (if any) on the traffic flow to nearby
schools. While the times chosen are obviously important, this traffic flow distinction
has a significantly higher impact.
● We have a late check-in and early check-out log for all students that need to leave at
irregular times.
● Any complaints from our community or the neighborhood are logged by our Director of
Operations (Caroline Gupta) and discussed with our Head of School (Grace Stanat).
● We immediately speak with the drivers of any vehicles that are operating in an unsafe
manner, either on our premises or along Yorkshire/Folkstone.
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● For staff, we have the ability to shuttle employees from a nearby parking lot where we
have permission to park a large number of vehicles (see Item #11 below).
We are also open to further suggestions on this topic since the safety of our community and
the neighborhood is a top priority.
f. Please also clarify how drop off and pick up will be monitored to ensure that the neighboring
local streets are not impacted by these activities. The current proposal includes a Drop Off and
Pick up area along Yorkshire Dr. north of Folkestone Drive. While there are multiple issues that
need to be clarified surrounding the proposal as identified above, staff recommends that the
applicant contact private schools in neighboring jurisdictions, with successful traffic
management plans in considering its own traffic management plan. These include Stratford
School, Challenger School, Harker School, Saint Andrews Episcopal School. Please note that
while, depending upon the results of the requested transportation study, the proposed to have
the drop off in the right-of-way (Yorkshire Drive) may be conditionally permitted, staff strongly
encourages a design/proposal where all school drop off/pick up is located on site. Should a
drop off/pick up area continue to be proposed in the right-of-way, the project will be
conditioned to ensure that, should the drop off/pick up operation pose a traffic or public safety
threat, become a public nuisance or otherwise be operating out of compliance, the City, at the
recommendation of the Public Works Department, would reserve the right to require the drop
off to be relocated on site.
All drop-off and pick-up is now happening onsite. We have studied and observed other schools’
traffic management plans and operations and believe that the processes that we currently
follow - as highlighted in the video link - are highly efficient and effective.
g. Additionally, the provided project description document indicates that there will be reserved
parking spaces for the drivers of kindergarten students to drop off and walk students on to the
campus. Please clearly show on plans which spaces will be reserved for this drop off.
We would ideally like to use the spaces along Yorkshire road for this purpose. Please let us
know if this is acceptable. Many of our kindergarten students, however, simply utilize the
normal drop-off.
11. On-Site Parking
Per Municipal Code Section 19.124.040 R, schools and school offices in the BA zoning district
are required to provide parking at a rate of 1 space per employee + 1 space per 56 sq. ft.
multipurpose room + 8 visitor spaces + 1 space for every 3 students at senior H.S. or college
level. Parking space size can be determined through Table 19.124.040 (B). Please see
Municipal Code Section 19.124.040 for additional parking design standards. Please note that
parking must be on site. Please clearly indicate where the required parking spaces will be
accommodated on site. Please provide a revised site plan that clearly indicates the number of
existing and proposed parking spaces. Please label each space and only include those spaces
which are of a usable size and not otherwise obstructed or reserved. It appears that some
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spaces are not available due to the placement of a large trash receptacle located within the
parking lot and the long term ongoing parking of school shuttle buses on the site. Dependent
upon plans for expansion of parking, a street cross section and traffic analysis to assess the
potential traffic and parking impacts of the proposed use may be required.
We currently have 70 simultaneous employees and we are applying for the ability to have up to
85. Our multi-purpose room is 3,072 square feet, so by the above requirements, we currently
would need 133 parking spaces (70+8+55). When we grow to 85 simultaneous employees, we
would need 148 parking spaces (85+8+55). Unfortunately, when we took over at the site there
were only 47 parking spaces (of which 4 are ADA), so even if we had zero employees, we are
quite short.
After an initial period of using the neighborhood for overflow staff parking, we are now
employing all of the following methods in order to fit all staff parking onsite:
● We strongly encourage our staff to carpool. We have published a helpful click-able map
that allows them to work together to find carpooling solutions. Currently, 19 of our staff
are carpooling (in 7 vehicles).
● Some of our staff (12) are now biking or walking to work (whether from home, a nearby
bus stop, or a sanctioned parking lot where they are able to park during the day without
issue).
● We have converted the area near the back gate to additional parking. We plan to park 9
(of our 14) school vans there (the rest will be parked off site) and provide an additional
8 spaces for employee vehicles.
● If necessary, we have planned for and will offer a shuttle service from New Life Church,
where we still have a lease and parking availability. This facility is 5min away and is our
back-up plan for accommodating additional employees in the future if necessary.
As such, our staff parking has zero impact on neighborhood parking.
We have a total of 64 available spaces (47 in our front lot and an additional 17 via our back
gate).
● 47 in our front lot (4 of which are ADA spaces)
● 17 inside our back gate (9 for vans and 8 for employees)
Thus we have 61 non-ADA spaces.
Below is a rundown of the spaces utilized by our current maximum of 70 simultaneous
employees and our school-owned vehicles:
● 37 spaces used by employees that need their own parking space, either because they
arrive/leave at odd times or are transporting a child.
● 7 spaces used by 19 employees that carpool.
● 0 (non-ADA) spaces used by 1 employee who utilizes an ADA space.
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● 0 spaces utilized by 12 employees who bike or walk to work.
● 9 spaces utilized by our school vans (5 more will be kept off site).
The above accounts for 53 spaces of our available 61 non-ADA spaces. This leaves a buffer of
8 for visitor parking.
Based on the above, our current employee, van, and visitor parking is handled entirely onsite.
As we grow, we will make sure that stays true, and utilize a shuttle service if/when that
becomes necessary.
We would like to ask for an exemption for the requirement of having 55 additional parking
spaces for our multi-purpose room. Fortunately, we rarely have large events (see Item #6
above) so we do not need regular parking for those. When we do have them, we will utilize not
only the space near the back gate, but we can also convert a larger section of our black top to
temporary parking with parking lot ushers. This would not be a good solution for times when
children are utilizing that area, but for some of our special events, it will work well.
In the longer term, we would like to create an additional parking lot in frontage area along
Yorkshire (currently grass), but obviously this will require multiple levels of approval (TBD: the
City, CUSD, DSA). The additional parking will accommodate the future growth of the school and
provide plenty of buffer for the above solutions. Until that is approved, we will accommodate
any overflow by utilizing our proposed shuttle solution.
QUESTIONS:
● Is it acceptable for us to also use the yellow bus loading zone for carpool drop-off and
pick-up? This section is currently not utilized at all. This provides faster throughput &
reduced traffic on Yorkshire Drive for cars that are carrying 3 or more children.
● Is it acceptable for us to use the parking along the Yorkshire Drive frontage for visitor
parking (deliveries, maintenance vehicles, special vendors, etc)? Having this section of
Yorkshire available for visitor parking would be very helpful. At the very least, would it
be possible to make the frontage parking NOT subject to local neighborhood permit
parking?
12. Parking Improvements
Please coordinate with our Building Division to determine the requirements for improvements
per ADA standards within the parking lot.
Currently, we have 47 parking spots in our front lot, 4 of which are ADA. It is our understanding
that this ratio is acceptable, but please advise if this is incorrect.
13. Bicycle Parking
Per Municipal Code Section 19.124.040 R, schools and school offices in the BA zoning district
are required to provide Class II bicycle parking at a rate of 1 space per 5 students.
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The school site has an existing fenced bicycle parking area which has Class II bicycle parking
for an estimated 70 bicycles, which satisfies the 1:5 space to student ratio.
14. Building Square Footages
Please clearly indicate the square footages of each building group shown on the table on page
5 of the project description document. Additionally, please clearly indicate the total amount of
multi-purpose space on site.
The graphic below shows the square footage of all buildings/rooms. The multi-purpose room
is listed at 3,072 square feet.
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15. Outdoor Projection
Please provide a description of any noise projection devices that may be used at the site and
indicate if these are existing or proposed features.
There are no noise projection devices on the site. We use walkie-talkies for this purpose and
their volume is very low. Staff hear it on their walkie-talkies and inform the students.
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Project Plan Comments
16. Development Plan Contents
Please provide a plan which indicates the following:
a. The location of buildings improvements;
The building improvements have been cosmetic. We have performed internal and external
painting in all the buildings and repaired numerous broken items (hinges, etc.). We have
installed whiteboards and projectors in many of the rooms. We replaced aging kitchen
equipment in the staff lounge. This was all with CUSD’s knowledge and approval.
b. The location of new, replaced, or existing landscape;
We have replaced dead grass in numerous areas, specifically the courtyards between the
buildings. We have planted small plants along the edges of some of the courtyards. We have
replanted much of the existing landscaping with drought tolerant plants (much of it was dead
or dying).
The one significant item we have planned is a new shade structure, which has been approved
by CUSD and DSA. Please see the attached document ( S1-PLANSET Tessellations ).
c. Parking and loading plans (see comment above for more information);
See Item #11 for details.
d. North arrow and scale
See the drawing below and the attached document ( S1-PLANSET Tessellations ) for details.
e. Complete and labeled existing property lines
The property lines are unchanged from when CUSD occupied the site. If applicable, we can
request the most recent site survey from CUSD.
f. Paved areas on site, such as roadways, driveways, and walkways
See the drawing below and the attached document ( S1-PLANSET Tessellations ) for details.
g. Location of roads, streets, alleys and access points
See the drawing below and the attached document ( S1-PLANSET Tessellations ) for details.
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h. Location of proposed signage with proper references to the Plan and Renderings set
Our signage is in exactly the same place as the previous CUSD signage, and is also exactly the
same size. CUSD has approved our signage. We hope this is sufficient for the purposes of this
application.
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i. Location and proposed layout of all new equipment
There is no new equipment aside from things like computers, printers, and art devices (paper
cutters, etc.).
j. Driveway aisle dimensions
Driveway aisle dimensions are unchanged from when CUSD occupied the site.
k. Existing & proposed trees with species and diameter at breast height (DBH) labeled
Our application does not contemplate removing any existing or protected trees at the site. We
would need some time to provide a full list of existing trees with species, diameter, and breast
height. We’re hoping, given the fact that we are not removing any trees and that we are
complying with CUSD’s approvals that we may be exempt from this requirement.
l. Location, material, and height of existing or proposed fences
We have repaired numerous decaying fences on the property and also removed one fence, all
through CUSD’s approval process. See the drawing below for more details.
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Please refer to the graphic below so see where we have made repairs/improvements to the
outside of the property. If more detail is required, Tessellations could work with the City to
determine what information and format is acceptable.
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17. Materials
Per City Code Section 19.12.080.B.4, indicate on plans the proposed colors and materials to be
used on the exterior of the building, as well as on architectural features.
Referencing the point raised at the beginning of this section, it is current understanding that all
renovations, painting, and landscape modifications are required to go through CUSD’s approval
process; CUSD has instructed Tessellations that building improvements to CUSD facilities are
not governed by the City and must go through CUSD’s established process. Please let us know
if this is acceptable.
18. Plan Note
Please include the following note on project plans:
NOTE: ANY CHANGES TO THE APPROVED COLORS, MATERIALS, AND EXTERIOR FINISHES
SHALL BE REVIEWED AND APPROVED BY THE CITY OF CUPERTINO PLANNING DIVISION
PRIOR TO INSTALLATION/APPLICATION.
Referencing the point raised at the beginning of this section, it is current understanding that all
renovations, painting, and landscape modifications are required to go through CUSD’s approval
process; CUSD has instructed Tessellations that building improvements to CUSD facilities are
not governed by the City and must go through CUSD’s established process. Please let us know
if this is acceptable.
Site Improvement Design Comments
19. Signage Requirements
Signage is not being considered as a part of this application. Please note that signage must be
consistent with the requirements of Municipal Code Chapter 19.104.
Well noted.
20. Low Impact Development (LID) and Green Building Measures
The incorporation of green building aspects to the maximum extent feasible is highly
encouraged. Please indicate on plans where any green building features are being
implemented and how project design addresses runoff from site.
The scope of this CUP application does not contemplate:
● Extensive renovations where green building features would be implemented
● Modification or addition of new hardscape where runoff from site would need to be
addressed
21. Screening
Please note that screening to limit noise, visual impacts from newly installed rooftop HVAC
equipment, to reduce glare of lights, and to prevent obnoxious emissions shall be provided
when deemed appropriate by the Planning Commission.
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Well noted.
22. Bird-Safe Design
This property is located in a bird sensitive area. Since window replacements are proposed as
part of the project, please submit the following items for review and approval by the Planning
Division to verify that construction activity complies with the development standards of
Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements:
a. Elevation Drawings indicating the bird-safe treatment and how the proposed treatment
meets the requirements of Cupertino Municipal Code Section 19.102.030(B) and (D);
b. Cross Sections; and
c. Other exhibits (including, but not limited to, window schedule and manufacturing
specifications) indicating consideration and incorporation of the regulations in Section
19.102(B), (C), and (D).
Prior to our possession of the property, there were some broken windows that CUSD replaced.
Going forward, we would only replace broken windows within existing window frames.
23. Dark Sky Lighting Compliance
Should the proposal include outdoor lighting improvements/replacement and/or new
installation, please provide the following:
a. Site Plan indicating the location of all outdoor lighting fixtures.
b. Description of each lighting fixture, that includes, but not limited to, manufacturer’s catalog
cuts and drawings (including sections), lamp types, and lumen outputs.
c. Project Lighting Plan shall indicate how lighting has been coordinated with any associated
landscaping plan to prevent site planning conflicts.
d. Other: Additional documents or information may be requested upon submittal subject to the
discretion of the Director of Community Development, or delegated staff, to ensure that the
proposed lighting is in compliance with the provisions of Cupertino Municipal Code Chapter
19.102.
This proposal does not include outdoor lighting improvements
24. Existing Trees
Revise plans to include all existing trees on site and any street trees located adjacent to the
site. Specify the species of tree (i.e., oak, deodar cedar, apple, orange, etc.) and the trunk
diameter in inches, as measured at breast height (i.e., four and a half feet from natural grade).
Please indicate whether the trees will be removed or retained. Note: Removal of Protected
Trees on site, as defined by City Code Section 14.18.040, on the subject property requires a
Tree Removal Permit to be applied for and approved by the Planning Division. Street Tree
removal is processed and managed by the Public Works Division.
Our application does not contemplate removing any existing or protected trees at the site.
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25. Preliminary Landscape Plan
Provide a preliminary landscape plan which outlined the location and square footage of
proposed landscape and hardscape required by City Code Section 19.12.080.B.3.
Please see the drawing at the end of Item #16 for details. For the shade structure plans, please
see the attached document ( S1-PLANSET Tessellations ) for details.
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From:Gill Doyle
To:Emi Sugiyama
Subject:Parking exception at Tessellations
Date:Thursday, November 2, 2023 7:15:06 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Ms. Sugiyama, my name is Gill Doyle. I live right across from Tessellations. Tessellations
staff parking on our streets has caused us to petition the city for residential permit parking
around the school. The letters that appeared in our mailboxes this morning and the sign that
was posted today in front of the school — both giving notice of a Planning Commission
hearing scheduled for Nov. 14 — have made the neighbors here wonder what this "parking
exception" is all about. Is it the city or is it Tessellations that is asking for a parking
exception? And what is this parking exception? Can you explain it to me?
- Gill Doyle ()
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From:Sean Leu
To:Emi Sugiyama
Subject:Tessellations Parking Exception
Date:Thursday, November 2, 2023 4:55:28 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hi Amy,
Please reply me immedidately when you see this email to make sure I have reached
you. I have a doctor appointment on Nov. 13, and traveling oversea for two and half months
starting Nov. 14. Therefore, time for me to review the requested plan is very limited. Please
provide me the information as detail and as soon as possible.
Thanks,
Sean
Sent from Yahoo Mail
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From:Gill Doyle
To:Emi Sugiyama
Subject:Tessellations parking exception
Date:Friday, November 3, 2023 3:39:19 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Emi, our neighborhood might be interested in attending the Planning Commission's Nov. 14
meeting regarding the Tessellations parking exception. But in order to get the neighbors to the
meeting, we would have to organize them. The sooner I can find out what that meeting is for,
the sooner I can start organizing the neighbors.
Can you tell me what that parking exception is all about? Is it the city orTessellations that is
asking for it? And what kind of exception?
- Gill Doyle (
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From:Vic Menon
To:Emi Sugiyama
Subject:Tessellations Application #U-2023-002
Date:Friday, November 3, 2023 4:42:49 PM
Attachments:IMG_3719.JPG
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hi Emily,
My wife and I saw this notice posted (attachment). The sign doesn't explain in plain language
what changes are being proposed. Would you be kind enough to explain what the subject is?
The only current explanation refers to a "Conditional Use Permit with an associated Parking
Exception" and a reference to the Municipal Code. I have no idea what this all means, but it
must be important since it's posted!
Thanks and have a good weekend,
Vic
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From:
To:Benjamin Fu; Emi Sugiyama
Subject:Translation, please!
Date:Saturday, November 4, 2023 11:53:58 AM
Attachments:Sign posted 11223 in front of Tessellations.JPG
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
A notice of public hearing has been posted in front of Tessellations School. None of our
neighbors can understand it. I'm attaching a photo.
Is there an English translation available?
The sign is apparently an attempt to inform the public, but the public can't understand what it
is that the city is trying to tell them.
Can you explain this to me? What "parking exception" is Tessellations asking for?
- Li-hua Wu
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From:Bindeeya Desai
To:Emi Sugiyama; Benjamin Fu
Subject:proposed plan for 3 applications in BA zone
Date:Sunday, November 5, 2023 9:46:45 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hello Ms. Emi S and Benjamin Fu,
I am requesting a readable digital copy of the proposed development plan for all 3 applications
below. Alternatively kindly send me a link if this is available on your web-site.
1. MCA-2023-003: Municipal Code Amendment to Chapter 19.76
2. U-2023-002: Use Permit - Major, Use Permit to consider the use of an existing public school
site for private education (K-8).
3. EXC-2023-009: Use Permit and associated Parking Exception to consider the use of an
existing public school site for private education (K-8).
I would also like to inform the Planning Division that there is a notice of public hearing posted on the
property 1170 Yorkshire Drive which displays an ‘existing plan’ (which is a bit inaccurate as well). The
text on this existing plan is too blurred and tiny to qualify as readable. Kindly display and distribute a
readable plan where proposed development is clearly indicated, giving the public time and
opportunity to review the plan and be able to speak at the public hearing. In addition to providing
the development plan, kindly help the public understand what the underlined means in terms of
development on 1170 Yorkshire Drive.
Best,
Bindeeya Desai
From: Bindeeya Desai
Sent: Friday, November 3, 2023 4:54 PM
To: 'emis@cupertino.org'
Subject: proposed plan for application no: U-2023-002
Subject: Application no: U-2023-002, APN: 362 08 001
Hello Emi,
I am writing to request a readable digital copy of the proposed development plan for the above
mentioned application. Alternatively kindly send me a link if this is available on your web-site.
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I would also like to inform the Planning Division that there is a notice of public hearing posted on the
property 1170 Yorkshire Drive which displays an ‘existing plan’ (which is a bit inaccurate as well). The
text on this existing plan is too blurred and tiny to qualify as readable. Kindly display a readable plan
with proposed development clearly indicated, giving the public time and opportunity to review the
plan and be able to speak at the public hearing.
Best,
Bindeeya Desai
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CITY OF CUPERTINO
Agenda Item
23-12779 Agenda Date:
11/14/2023 Agenda #: 3.
Subject: Conditional Use Permit Amendment and Architectural & Site Approval to consider a
modification of the original Main Street Use Permit (U-2008-01) for the addition of a second floor
within Shop 1 (TD Ameritrade). (Application No.: M-2022-003; ASA-2023-009; Applicant: Main Street
Cupertino Retail Property, LLC; Location: 19409 Stevens Creek Blvd. (APNs: 316-20-112)
That the Planning Commission adopt the proposed draft resolutions (Attachment 1 & 2) to:
1. Adopt the Third Addendum to an EIR and approve the Conditional Use Permit Amendment (M-
2022-003); and
2. Approve the Architectural and Site Approval Permit (ASA-2023-009).
CITY OF CUPERTINO Printed on 11/9/2023Page 1 of 1
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PLANNING COMMISSION STAFF REPORT
Agenda Date: November 14, 2023
SUBJECT
Conditional Use Permit Amendment and Architectural & Site Approval to consider a
modification of the original Main Street Use Permit (U-2008-01) for the addition of a
second floor within Shop 1 (TD Ameritrade). (Application No.: M-2022-003; ASA-2023-
009; Applicant: Main Street Cupertino Retail Property, LLC; Location: 19409 Stevens
Creek Blvd. (APNs: 316-20-112)
RECOMMENDED ACTIONS
That the Planning Commission adopt the proposed draft resolutions (Attachment 1 & 2)
to:
1. Adopt the Third Addendum to an EIR and approve the Conditional Use Permit
Amendment (M-2022-003); and
2. Approve the Architectural and Site Approval Permit (ASA-2023-009).
DISCUSSION:
Project Data:
1 General Plan Figure LU-2 Community Form Diagram under the South Vallco Park subarea within the
Heart of the City Special Area
General Plan Land Use
Designation
Commercial/Office/Residential
Special Planning Area Heart of the City Specific Plan (East Stevens Creek
Boulevard)/South Vallco Master Plan
Zoning Designation P(CG, OP, ML, Res)
Net/gross lot area 18.7 acres
Allowed/Required Existing Proposed
Height of Structures Up to 45 feet (Up to 60 feet
with ground floor retail)1
Top of Parapet
– 28 feet.
No Change
Top of Roof – 17
feet, 4 inches
25 feet, 4 inches
Setbacks
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Background:
On September 4, 2012, City Council adopted Resolution No. 12-098(M) (Attachment 4)
approving a Modification (M-2012-03), Second Addendum to the Final Certified 2009
Environmental Impact Report (EA-2012-05), and modified Tentative Map (TM-2012-04)
to a previously approved Master Use Permit (U-2008-01 and M-2011-09), Architectural
and Site Approval (ASA-2011-24), and Tentative Map (TM-2011-04) for the Main Street
Cupertino mixed use project consisting of 130,500 square feet of retail, a 180 -room hotel,
a five-level parking garage with two levels of underground parking, 260,000 square feet
of office, a 120-unit market-rate live/work rental loft residential development with a
9,146-square-foot retail condominium unit and shared parking plan.
Figure 1 Location of Shop 1 (TD Ameritrade) within Main Street Cupertino.
The 18.7-acre Main Street project is located at the northwest corner of the Stevens Creek
Boulevard and Tantau Avenue intersection. The site is bounded by Stevens Creek
Boulevard to the south, Tantau Avenue to the east, Vallco Parkway to the north, and the
Front 35 feet from the face of
curb (min.)
35 feet from the
face of curb. No
Change from
existing
No Change
Slope Line 1:1 line from the face of
curb of Stevens Creek
Boulevard
Meets the
standard.
No Change
Project Consistency with
General Plan: Yes
Zoning: Yes
Stevens Creek Blvd.
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Metropolitan mixed-use development to the west. Main Street incorporates 12 separate
commercial/retail buildings labeled as Pads 1-3, Shops 1-8, Major Retail, and Flex 1-2. The
two office buildings along the eastern portion of Main Street are currently occupied by
Apple. Please refer to Figure 1 for an approximate location.
The proposed project is within Shop 1, which is located at the secondary, easterly entry
to Main Street Cupertino, along Stevens Creek Boulevard. It serves as a transitional
building between the office buildings and the large retail plaza to the west. Since its
completion in 2016, the building has been occupied solely by TD Ameritrade, a
commercial office tenant serving the public.
Application Request
Michael Rohde, representing Main Street Cupertino Aggregator LLC, requests a
Conditional Use Permit Amendment (U-2008-01) and an Architectural and Site Approval
Permit to allow a 5,585 square foot second-floor addition within Shop 1 (TD Ameritrade)
and for minor façade modifications. If the addition is approved, the total square footage
for the building would increase from 5,930 square feet to 11,515 square feet.
Analysis:
General Plan Compliance
The proposed use is consistent with the General Plan Land Use Designation of
Commercial/Office/Residential. The City’s General Plan uses a development allocation
system when evaluating development projects and allows the City flexibility in
developing project- and site-specific mitigation measures when reviewing projects. The
City of Cupertino’s General Plan: Community Vision 2015 – 2040 (General Plan) establishes
heights and setbacks for development on sites within each of the Special Areas through
its Community Form Diagram (Chapter 3, Figure LU-1). Shop 1 is in the Heart of the City
Special Area (South Vallco Park), which has a height limit of 45 feet (a height limit up to
60 feet is allowable if ground-floor retail uses are included) and a 1:1 slope line setback
from the curb line of Stevens Creek Boulevard.
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Figure 2 Site plan of Shop 1.
The applicant proposes this development within the existing building envelope, which
would raise the height of the roof by eight feet, from 17 feet, 4 inches to 25 feet, 4 inches.
The surrounding roof parapet height will remain 28 feet, screening the increased roof
height from view. The existing tower and facade heights will also remain unchanged.
Staff has evaluated the project’s consistency with the General Plan and concludes that it
conforms with the General Plan Land Use designation for the site. An Addendum to the
Main Street project EIR has also been prepared, indicating that the proposed building
addition will not result in any environmental impacts (Attachment 5). Additionally, the
proposed project supports several of the City’s other General Plan goals including:
Policy LU-1.3: Land Use in All City-wide Mixed-Use Districts - Encourage land
uses that support the activity and character of mixed-use districts and economic
goals.
The development is located within an existing structure (Shop 1) in the
Commercial/Office/Residential General Plan Land Use district (Main Street Cupertino).
The building was designed to be compatible with the neighboring office buildings, and
transition to the adjacent retail uses within the development. TD Ameritrade is a
Commercial Office use that is permitted in the General Commercial (CG) zoning district.
Policy LU-13.6: Building Form - Buildings should be high-quality, with pedestrian-
oriented and active uses along the street.
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The building as currently developed will only have minor façade changes to allow required
fenestration for the added second story. As currently designed, the building provides
pedestrian access paths on all sides. These changes are complementary to the existing
structure and will be required to follow the City’s Bird Safe Ordinance.
Strategy LU-18.2.1: Uses - Encourage a mix of retail, commercial, office, residential
and hotel uses. Provide active retail uses on the ground floor facing the street or
outdoor pedestrian corridor with connections to adjacent development. Office sites
to the north of Vallco Parkway are encouraged to provide retail uses. However, if
retail is not provided, office sites should provide entries and active uses along the
street frontage.
Main Street Cupertino is an existing mixed-use (Office/Retail/Residential/Hotel)
development along Stevens Creek Boulevard and along the southside of Vallco Parkway.
The proposed second floor addition reinforces the existing commercial office use that fronts
along Stevens Creek Boulevard.
Should the proposed project be approved, 5,585 square feet will be allocated from the
Heart of the City Special Area commercial allocation. The remaining balance in the Heart
of the City allocation will be reduced to 784,685 square feet.
Heart of City Commercial (s.f.)
Current Allocation Available 790,270
Added square footage 5,585
Remaining Allocation Balance 784,685
Figure 3 Allocation chart relative to this development consistent with Table LU-1: Citywide Development
Allocation Between 2014-2040 of the General Plan.
Cupertino Municipal Code Findings
The Cupertino Municipal Code includes ‘findings’ for approval of the various permits
necessary to approve the proposed project. These provide a framework for making
decisions and facilitating an orderly analysis of the review of a project. Listed below are
the findings for the three permits sought by the applicant that the City must make when
rendering a decision on this project.
A. Use Permit (CMC 19.156.040)
1. The proposed development and/or use, at the proposed location, will not be
detrimental or injurious to property or improvements in the vicinity, and will not
be detrimental to the public health, safety, general welfare, or convenience;
The project is consistent with the General Plan and Zoning Ordinance and has been
designed to be compatible with the existing building and adjoining land uses.
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Additionally, all mitigation measures that are within the responsibility and jurisdiction
of the City have been adopted and will be made conditions of approval to mitigate potential
impacts to a less than significant level. Therefore, the project will not be detrimental or
injurious to properties or improvements in the vicinity, and will not be detrimental to the
public health, safety, general welfare, or convenience.
2. The proposed development and/or use will be located and conducted in a manner
in accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
The General Plan land use designation for the property is Commercial/Office/Residential.
The proposed addition is consistent with the General Plan in terms of use, height, slope
line setback, as well as allocation for commercial. Further, the development fits within
many of land use strategies and policies for the South Vallco Park portion of the Heart of
the City Special Area, such as consistent mix of uses as well as activation of Stevens Creek
Boulevard. The proposed addition with the existing development has met the applicable
development standards of the Heart of the City Specific Plan including outdoor open space
and setbacks. The project has been approved with a Third Addendum to its EIR.
B. Architectural and Site Approval Permit (CMC 19.168.030)
1. The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental
to the public health, safety, general welfare, or convenience;
The project is within an existing building that is consistent with the land use designations
in the General Plan and Zoning Ordinance and has been designed to be compatible with
and respectful of adjoining land uses, including but not limited to setbacks from Stevens
Creek Boulevard and the adjacent buildings within Main Street Cupertino. All added
fenestrations will be condition to follow the City’s Bird Safe Ordinance. Further, the City’s
environmental consultant David J. Powers completed an Addendum to the developments
EIR that did not identify any further impacts. Therefore, the project will not be detrimental
or injurious to properties or improvements in the vicinity, and will not be detrimental to
the public health, safety, general welfare, or convenience.
2. The proposed development is consistent with t he purposes of this chapter, the
General Plan, any specific plan, zoning ordinances, applicable planned
development permit, conditional use permits, variances, subdivision maps or
other entitlements which regulate the subject property including, but not limited
to, adherence to the following specific criteria:
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a. Abrupt changes in building scale should be avoided. A gradual transition
related to height and bulk should be achieved between new and existing
buildings.
The proposed project is within an existing structure (Shop 1). Shop 1 was designed to
be complementary with the other buildings within Main Street Cupertino. The addition
of the second floor will raise the roof height 8-feet, none of which will be visible by the
public as it will be behind and lower than the existing parapet.
b. In order to preserve design harmony between new and existing buildings and
in order to preserve and enhance property values, the materials, textures and
colors of new buildings should harmonize with adjacent development by being
consistent or compatible with design and color schemes, and with the future
character of the neighborhood and purposes of the zone in which they are
situated. The location, height and materials of walls, fencing, hedges and
screen planting should harmonize with adjacent development. Unsightly
storage areas, utility installations and unsightly elements of parking lots
should be concealed. The planting of ground cover or various types of
pavements should be used to prevent dust and erosion, and the unnecess ary
destruction of existing healthy trees should be avoided. Lighting for
development should be adequate to meet safety requirements as specified by
the engineering and building departments, and provide shielding to prevent
spill- over light to adjoining property owners.
The design quality of the development is consistent with the high-quality standards
encouraged by City Staff. The existing building meets the design qualities of a Modern
design development. The architectural style is consistent throughout the development.
Further, the planting plan is consistent with the intent of the Heart of the City Specific
Plan guidelines. Unsightly uses, such as roof top equipment installation, are
conditioned to be screened on top of the roof. The final lighting for the development will
be reviewed as part of the review of the project construction documents to ensure that
they meet safety requirements while avoiding spill-over light to adjacent properties.
The windows will have to follow the City’s Bird Safe Ordinance as well.
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c. The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures shall minimize traffic hazards and shall
positively affect the general appearance of the neighborhood and harmonize
with adjacent development.
Signage approval is not
included in this
application. Any new
signage will have to
conform to the existing
master sign program for
Main Street Cupertino.
d. With respect to new
projects within existing
residential
neighborhoods, new
development should be designed to protect residents from noise, traffic, light
and visually intrusive effects by use of buffering, setbacks, landscaping, walls
and other appropriate design measures.
The project is within an existing building (Shop 1). The additional square footage
needed for the second floor will not add any further impacts that require mitigation.
Further, the addition does not extend beyond the existing building footprint.
Conditional Use Permit Amendment
City Council on September 4, 2012, adopted Resolution No. 12-098(M) (Attachment 4)
approving a Modification (M-2012-03) to a previously approved Master Use Permit (U-
2008-01 and M-2011-09). The Heart of the City Special Area commercial allocation for this
development was 130,500 square feet. If the 5,585 square foot second floor is approved
for this project, it would amend the allocation to 136,085 square feet.
Architectural Design
The main building entries for Shop 1 are located on the north and east façades, forming
a relationship to the Office 1 and Office 2 buildings. Both the south and west facades have
large storefront areas which would visually engage passers-by on Stevens Creek
Boulevard.
The design of Shops 1 is reflective of and complementary to the design of Shops 6 at the
primary entrance of Main Street. It has the same clean, modern design with overlapping
wall planes of horizontal tongue & groove wood siding and stucco. Window canopies are
Figure 4 Current view of Shop 1 of the southern facade, from
Stevens Creek Boulevard.
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metal framing with pre-finished metal panel cladding. Exterior walls terminate at a pre -
finished aluminum cap flashing. The storefront system is clear anodized aluminum with
large panels of clear glazing.
Figure 5 Rendering of the proposed modifications to the existing Shop 1 (TD Ameritrade) building.
As Figure 5 demonstrates, the façade improvements for the added second floor will be
limited to the increased fenestration on all four sides. This will allow light into the second-
floor office space, as well as complementing the existing glazing on the first floor. The
windows will have to follow the City’s Bird Safe Ordinance. No other major changes are
proposed.
Parking Analysis2
Main Street Cupertino parking demand and supply are regulated by a shared parking
analysis. The on-site supply of parking available to the public is 1,242 spaces. Fehr &
Peers was retained by the City to analyze the parking impact of the addition.
Peak parking demand occurs at 8 PM on weekdays due to the heavy retail and restaurant
uses. Since the peak demand hour is outside of TD Ameritrade’s hours of operation, the
added space at TD Ameritrade does not change weekday peak parking demand. The
peak parking demand is estimated at 909 spaces on weekdays. Therefore, the additional
2 Fehr & Peers also conducted a parking study on the conversion of retail space, including Target, to restaurant
space above what had been conditioned and approved subsequently in 2015. This study does not include the
expansion of TD Ameritrade. The parking study provided to staff will be updated if future restaurant tenants apply
for permits.
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bank space from TD Ameritrade can be accommodated within the current parking supply
and will not increase parking demand beyond what is currently available. Other
Department/Agency Review
The City’s Building Division, Public Works Department, Environmental Services
Division, Cupertino Sanitary District and the Santa Clara County Fire Department have
reviewed the project and have included sufficient proposed conditions of approval to
ensure compliance.
Environmental Review
On September 4, 2012, the City of Cupertino adopted a Second Addendum to an
Environmental Impact Report (2009 Final EIR), State Clearinghouse (SCH) Number
2008082058, and approved the Main Street Project). As described earlier in this staff
report, the project has been modified since the original 2012 approval (i.e., 5,585 square
feet more commercial, etc.).
The City and its consultant, David J. Powers, conducted a CEQA analysis of changes to
the project to determine the appropriate level of environmental review. Under CEQA
Guidelines sections 15162 and 15164, an addendum to an EIR should be prepared where
there are: (1) no substantial changes to the project requiring major revisions to the EIR
because of new or substantially increased significant environmental effects of the project;
(2) no substantial changes in circumstances requiring major revisions to the EIR because
of new or substantially increased significant environmental effects of the project; and (3)
no new, previously unknown or unknowable, information of substantial importance
showing: (a) new or substantially more severe significant efforts than were discussed or
shown in the EIR; (b) that previously infeasible mitigation measures/alternatives are now
feasible and would substantially reduce significant efforts; or (c) that considerably
different mitigation measures than analyzed in the EIR would substantially reduce
significant effects.
David J. Powers analysis determined that proposed changes to the project meet the
criteria for an addendum. The addendum reviews each topic in the CEQA Environmental
Checklist and concludes that neither the modifications to the project nor new
circumstance or information will result in an environmental impact that is new or more
severe than the impacts studied in the Initial Study and EIR. Please refer to Attachment
5, Third Addendum to the Final Environmental Impact Report for the Main Street
Cupertino Project (SCH# 2008082058). .
Based on the information provided in this Addendum, construction and operation of the
modified project would not result in any new impacts or increase the severity of
previously identified significant impacts analyzed in the Adopted EIR.
Other Department/Agency Review
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The City’s Public Works Department, Building Division, Environmental Programs
Division, and the Santa Clara County Fire Department have no objections to the project.
Their comments have been incorporated as conditions of approval in the draft resolution.
PUBLIC NOTICING AND COMMUNITY OUTREACH
The following table is a brief summary of the noticing for this project:
Notice of Public Hearing Agenda
Site Signage (at least 10 days prior to hearing)
Legal ad placed in newspaper
(at least 10 days prior to hearing)
127 notices mailed to property owners 300
feet from the cemetery (at least 10 days prior
to the hearing)
Posted on the City's official
notice bulletin board (five days
prior to hearing)
Posted on the City of
Cupertino’s Web site (five days
prior to hearing)
As of the date of this staff report, one public comment has been received for this
application. See Attachment 6.
NEXT STEPS
Should the project be approved, the Planning Commission’s decision on this project is
final unless an appeal is filed within 14 calendar days of the date of the decision. All
approvals granted by the Planning Commission shall go into effect after 14 days.
Upon project approval, the applicant will be able to submit building permit drawings to
enable construction to commence. These approvals expire on November 14, 2025, at which
time the applicant may apply for a one-year extension.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Luke Connolly, Assistant Director of Community Development
Approved by: Benjamin Fu, Director of Community Development
ATTACHMENTS
1. Draft Resolution for M-2022-003
2. Draft Resolution for ASA-2023-009
3. Plan Set
4. City Council Resolution No. 12-098
5. Third Addendum to the Final Environmental Impact Report for the Main Street
Cupertino Project (SCH# 2008082058)
6. Public Comment
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
ADOPTION OF A THIRD ADDENDUM TO A PREVIOUSLY ADOPTED
ENVIRONMENTAL IMPACT REPORT AND APPROVING A
A MODIFICATION OF AN EXISTING USE PERMIT (U-2008-01) TO ALLOW
MODIFICATION OF THE ORIGINAL MAIN STREET USE PERMIT (U-2008-01)
FOR THE ADDITION OF A SECOND FLOOR WITHIN SHOP 1 (TD
AMERITRADE)
SECTION I: PROJECT DESCRIPTION
Application No.: M-2022-003
Applicant: Main Street Cupertino Retail Property, LLC
Location: 19409 Stevens Creek Blvd. (APNs: 316-20-112)
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an amendment to an existing Conditional Use Permit (U-2008-01) to allow for the
addition of a second floor within Shop 1 (TD Ameritrade).
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on September 4, 2012, the City Council adopted Resolution No. 12-
098, adopting a second Addendum to an Environmental Impact Report for the Main
Street Cupertino Development; and
WHEREAS, environmental analysis and peer reviews were conducted by David J.
Powers, Inc. pursuant to the requirements of CEQA, and an addendum to the
Environmental Impact Report was prepared which found that no new or substantially
increased significant environmental effects; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
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Page 2
WHEREAS, the analysis in the Addendum prepared by David J. Powers indicates that
the proposed project would not require major revisions to the Environmental Impact
Report adopted on December 16, 2008, due to new or substantially increased significant
environmental effects. Furthermore, there have been no substantial changes with respect
to the circumstances under which these minor modifications would be undertaken that
would require major revisions of the Adopted Environmental Impact Report due to new
or substantially increased significant environmental effects, and there has been no
discovery of new information of substantial importance that would trigger or require
major revisions to the Environmental Impact Report due to new or substantially
increased significant environmental effects.
WHEREAS, the adopted Environmental Impact Report adequately identifies all
environmental effects and adequate mitigation measures for the proposed modifications
to the previously approved project. Therefore, no subsequent or supplemental
Environmental Impact Report is required prior to approval of the proposed project.
WHEREAS, the Planning Commission finds:
1. The proposed development and/or use, at the proposed location, will not be
detrimental or injurious to property or improvements in the vicinity, and will not be
detrimental to the public health, safety, general welfare, or convenience.
The project is consistent with the General Plan and Zoning Ordinance and has been designed
to be compatible with the existing building and of adjoining land uses. Additionally, all
mitigation measures that are within the responsibility and jurisdiction of the City have been
adopted and will be made conditions of approval to mitigate potential impacts to a less than
significant level. Therefore, the project will not be detrimental or injurious to properties or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience.
2. The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
The General Plan land use designation for the property is Commercial/Office/Residential. The
proposed addition is consistent with the General Plan in terms of use, height, slope line setback,
as well as allocation for commercial. Further, the development fits within many of land use
strategies and policies for the South Vallco Park portion of the Heart of the City Special Area
such as consistent mix of uses as well as activation of Stevens Creek Boulevard. The proposed
addition with the existing development has met the applicable development standards of the
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Page 3
Heart of the City Specific Plan including outdoor open space and setbacks. The project has been
approved with a Third Addendum to its EIR.
WHEREAS, the Planning Commission is the approval authority for this project and is
granted the authority by the Municipal Code to exercise its independent judgment, based
on the record before it, for purposes of the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the Addendum, subject to the conditions which are
enumerated in this Resolution beginning on PAGE 3 thereof, and those contained in all
other Resolutions approved for this Project, the Planning Commission hereby:
1. Determines that the Third Addendum to the Initial Study and Environmental
Impact Report (State Clearinghouse Number 2008082058) for the Main Street
Cupertino Project reflects the independent judgement of the Planning Commission;
and
2. Adopts the Third Addendum to the Initial Study and Environmental Impact Report
(State Clearinghouse Number 2008082058) for the Main Street Cupertino Project;
and
3. Approves the application for a Conditional Use Permit Amendment, Application
No. M-2022-003; and
That the conclusions upon which the findings and conditions specified in this Resolution
are based are contained in the Public Hearing record concerning Application no. M-2022-
003 as set forth in the Minutes of the City Council Meeting of November 14, 2023 and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled “Main Street Cupertino, 19349 Stevens
Creek Blvd. Cupertino, CA 95014” consisting of eight sheets labeled A0.0 – A8.0,
drawn by Dscheme Studio, except as may be amended by conditions in this
resolution.
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2. 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.
3. ACCURACY OF 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.
4. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval shall remain in effect except as may be
amended by conditions contained in this resolution.
5. FUTURE REVIEW OF USE PERMIT
In the event of any documented substantial problems and/or violations, the City
reserves the right to review this use permit at any time for imposing additional
conditions of approval or revocation of the use permit.
6. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2023-009 shall be applicable
to this approval.
7. MODIFICATIONS APPROVED/DEVELOPMENT ALLOCATION
5,585 square feet of commercial allocation is allocated from the Heart of the City
commercial allocation to this project. Total Commercial square footage for the
Main Street Cupertino Development is now 136,085.
8. BELOW MARKET RATE PROGRAM
The applicant shall participate in the City’s Below Market Rate (BMR) Housing
Program by paying the Below Market Rate linkage fee for Commercial use
concurrent with issuance of building permits at the rate in effect at that time. The
current fee is $14.24 per net new square feet (~5,585 sq.ft.) for commercial use.
9. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult 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.
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10. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during the nighttime period as defined in Section 10.48.053(b) of
the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night
time construction is allowed if compliant with nighttime standards of Section
10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated.
11. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground dist urbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail to off-site businesses and residents within 500
feet of the project site. The City will provide a template notice and mailin g
addresses for the Applicant’s use. The notice must be approved by City staff prior
to sending. The project applicant shall provide the City with evidence of mailing
of the notice, upon request.
Please note that, if pile driving, the requirements for noticing and monitoring
outlined in City Code Section 17.04.050 G (3) shall apply.
12. NOISE AND VIBRATION SIGNAGE
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At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least four feet by six feet shall be posted on construction fencing at
the entrance(s) to the job site, clearly visible to the public, and include the
following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City’s and contractor’s authorized representatives
that are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City’s and contractor’s authorized representatives that
are assigned to respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAAQMD’s CEQA Air
Quality Guidelines.
If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
13. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans
a note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City’s Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall
demonstrate compliance with daytime and nighttime decibel limits pursuant
to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code.
The details of the Construction Noise Control Plan shall be included in the
applicable construction documents and implemented by the on-site
Construction Manager. Noise reduction measures selected and implemented
shall be based on the type of construction equipment used on the site, distance
of construction activities from sensitive receptor(s), site terrain, and other
features on and surrounding the site (e.g., trees, built environment) and may
include, but not be limited to, temporary construction noise attenuation walls,
high quality mufflers. During the entire active construction period, the
Construction Noise Control Plan shall demonstrate that compliance with the
specified noise control requirements for construction equipment and tools will
reduce construction noise in compliance with the City’s daytime and nighttime
decibel limits.
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b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior
to the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use
for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use
of noise producing signals, including horns, whistles, alarms, and bells will be
for safety warning purposes only. The construction manager will use smart
back-up alarms, which automatically adjust the alarm level based on the
background noise level or switch off back-up alarms and replace with human
spotters in compliance with all safety requirements and law.
14. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all
permit plans, the full text of each of the Bay Area Air Quality Management
District’s Basic Control Measures from the latest version of BAAQMD’s CEQA Air
Quality Guidelines, as subsequently revised, supplemented, or replaced, to
control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demo lition,
ground disturbing activities and/or construction.
15. INDEMNIFICATION AND LIMITATION OF LIABILITY
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
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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 st aff 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.
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.
16. 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.
PASSED AND ADOPTED this 14th day of November, 2023 at a noticed Public Hearing of
the Planning Commission of the City of Cupertino, State of California, held by the
Director of Community Development, or his or her designee, pursuant to Cupertino
Municipal Code Section 19.12.120.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMISSIONERS:
ATTEST: APPROVED:
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Resolution No. M-2022-003 November 14, 2023
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___________ _____________
Piu Ghosh Steven Scharf
Planning Manager Chair, Planning Commission
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT
TO ADD A SECOND FLOOR TO SHOP 1 (TD AMERITRADE) OF THE
MAIN STREET CUPERTINO DEVELOPMENT
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2023-009
Applicant: Main Street Cupertino Retail Property, LLC
Location: 19409 Stevens Creek Blvd. (APNs: 316-20-112)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an Architectural and Site Approval Permit as described in Section I of this resolution;
and
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on September 4, 2012, the City Council adopted Resolution No. 12-
098, adopting a second Addendum to an Environmental Impact Report for the Main
Street Cupertino Development; and
WHEREAS, environmental analysis and peer reviews were conducted by David J.
Powers, Inc. pursuant to the requirements of CEQA, and an addendum to the
Environmental Impact Report was prepared which found that no new or substantially
increased significant environmental effects; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the analysis in the Addendum prepared by David J. Powers indicates that
the proposed project would not require major revisions to the Environmental Impact
Report adopted on December 16, 2008, due to new or substantially increased significant
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environmental effects. Furthermore, there have been no substantial changes with respect
to the circumstances under which these minor modifications would be undertaken that
would require major revisions of the Adopted Environmental Impact Report due to new
or substantially increased significant environmental effects, and there has been no
discovery of new information of substantial importance that would trigger or require
major revisions to the Environmental Impact Report due to new or substantially
increased significant environmental effects.
WHEREAS, the adopted Environmental Impact Report adequately identifies all
environmental effects and adequate mitigation measures for the proposed modifications
to the previously approved project. Therefore, no subsequent or supplemental
Environmental Impact Report is required prior to approval of the proposed project.
WHEREAS, the Planning Commission finds:
1. The proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
The project is within an existing building that is consistent with the land use designations in
the General Plan and Zoning Ordinance and has been designed to be compatible with and
respectful of adjoining land uses, including but not limited to setbacks from Stevens Creek
Boulevard and the adjacent buildings within Main Street Cupertino. All added fenestrations
will be condition to follow the City’s Bird Safe Ordinance. Further, the City’s environmental
consultant David J. Powers completed an Addendum to the developments EIR that did not
identify any further impacts. Therefore, the project will not be detrimental or injurious to
properties or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience.
2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any
specific plan, zoning ordinances, applicable planned development permit, conditional
use permits, variances, subdivision maps or other entitlements to use which regulate
the subject property including, but not limited to, adherence to the following specific
criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
The proposed project is within an existing structure (Shop 1). Shop 1 was designed to be
complementary with the other buildings within Main Street Cupertino. The addition of the
second floor will raise the roof height 8-feet, all of which will not be visible by the public as
it will be behind the existing parapet.
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b) In order to preserve design harmony between new and existing building and in
order to preserve and enhance property values, the materials, textures and colors
of new building should harmonize with adjacent development by being consistent
or compatible with design and color schemes with the future character of the
neighborhoods and purposes of the zone in which they are situated. The location,
height and materials of walls, fencing, hedges and screen planting should
harmonize with adjacent development. Unsightly storage areas, utility installations
and unsightly elements of parking lots should be concealed. The planting of ground
cover or various types of pavements should be used to prevent dust and erosion,
and the unnecessary destruction of existing healthy trees shou ld be avoided.
Lighting for development should be adequate to meet safety requirements as
specified by the engineering and building departments, and provide shielding to
prevent spill-over light to adjoining property owners.
The design quality of the development is consistent with the high-quality standards
encouraged by City Staff. The existing building meet the design qualities of a Modern
design development. The architectural style is consistent throughout the development.
Further, the planting plan is consistent with the intent of the Heart of the City Specific
Plan guidelines. Unsightly uses such as roof top equipment installation is conditioned to
be screened on top of the roof. The final lighting for the development will be reviewed as
part of the review of the project construction documents to ensure that they meet safety
requirements while avoiding spill-over light to adjacent properties. The windows will have
to follow the City’s Bird Safe Ordinance as well.
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures shall minimize traffic hazards and shall positively
affect the general appearance of the neighborhood and harmonize with adjacent
development; and
Signage approval is not included in this application. Any new signage will have to conform
to the existing master sign program for Main Street Cupertino.
d) With respect to new projects within existing residential neighborhoods, new
development should be designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
The project is within an existing building (Shop 1). The additional square footage needed
for the second floor will not add any further impacts that require mitigation. Further, the
addition does not extend beyond the existing building footprint.
NOW, THEREFORE, BE IT RESOLVED:
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That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the EIR Addendum, subject to the conditions which are
enumerated in this Resolution, beginning on PAGE 4 herein, and subject to the conditions
contained in all other Resolutions approved for this Project,
The application for an Architectural and Site Approval, Application No. ASA -2023-009,
is hereby approved, and that the conclusions upon which the findings and conditions
specified in this Resolution are based are contained in the Public Hearing record
concerning Application no. ASA-2023-009 as set forth in the Minutes of the City Council
Meeting of November 14, 2023 Meeting, and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled “Main Street Cupertino, 19349 Stevens
Creek Blvd. Cupertino, CA 95014” consisting of eight sheets labeled A0.0 – A8.0,
drawn by Dscheme Studio, except as may be amended by conditions in this
resolution.
2. ACCURACY OF 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2023-009 shall be applicable to
this approval.
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. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. The final building design and exterior treatment plans
(including but not limited to details on exterior color, materials, architectural
treatments, doors, windows, lighting fixtures, and/or embellishments) shall be
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reviewed and approved by the Director of Community Development prior to issuance
of building permits and through an in-field mock-up of colors prior to application to
ensure quality and consistency. Any exterior changes determined to be substantial by
the Director of Community Development shall either require a modification to this
permit or a new permit based on the extent of the change.
6. BIRD SAFE FENESTRATION
Consistent with CMC 19.102.030, the development shall implement the bird safe
fenestration and glass requirements. The applicant, prior to issuance of Building
Permits, may submit for an Alternative Compliance Method in which the property
owners/applicants may propose an alternate compliance method recommended
by a qualified biologist to meet the requirements and intent of CMC 19.102.030.
The alternate compliance method shall be peer-reviewed by a third-party
consultant, paid for by the applicant, and subject to the approval of the Director of
Community Development.
7. 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
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.
8. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a
detailed utility plan to demonstrate screening or undergrounding of all new utility
structures [including, but not limited to backflow preventers (BFP), fire department
connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of
the Director of Community Development, Public Works, Fire Department, and
applicable utility agencies.
119
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119 of 241
9. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult 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.
10. 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 aut horized 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 proce eding 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.
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.
120
PC 11-14-2023
120 of 241
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
11. 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 14th day of November, 2023, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh Steven Scharf
Planning Manager Chair, Planning Commission
121
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121 of 241
A0.0
AS NOTED
DRAWING INDEX,
GENERAL NOTES
SHOP DRAWINGS MUST BE SUBMITTED FOR ARCHITECT'S, INTERIOR DESIGNER'S, AND
BUILDING MANAGEMENT'S APPROVAL BEFORE ANY MILLWORK, CASEWORK,
STRUCTURAL OR METAL FABRICATION IS BEGUN. PRIOR TO SUBMITTAL TO ARCHITECT
AND BUILDING MANAGEMENT, SHOP DRAWINGS HAVE BEEN CHECKED FOR
CONFORMANCE WITH CONTRACT DOCUMENTS.
R.D. ROOF DRAIN
DIA.
DIM.
D.I.
DISP.
DN.
DS.
DR.
D.O.
DWG.
DWR.
EA.
E.J.
(E)
D.S.P.
ELEC.
EMER.
ELEV.
EQ.
E.P.
EQPT.
ENCL.
EXP.
EXPO.
EXST.
F.A.
F.B.
EXTR.
EXT.
E.W.C.
EL.
FDN.
F.E.
F.D.
FL.
FIN.
F.H.C.
F.E.C.
F.O.F.
F.O.P.
FLUOR.
F.O.C.
FRZ.
F.R.
FPRF.
F.O.S.
FLASH.
FT.
F.S.
F.BKT.
D.F.
E.
UPON PROJECT COMPLETION, CLEAN AND POLISH ALL ORNAMENTAL METAL,
GLASS, HARDWARE, RESILIENT FLOORING, CERAMIC TILE AND OTHER SUCH ITEMS
WITH FACTORY FINISHES. REMOVE ALL DUST WITH DUST-CLOTH OR VACUUM
CLEANERS.
SHOP DRAWINGS ARE NOT CONSIDERED CONTRACT DOCUMENTS. THEY ARE ONLY
A CONVENIENCE TO FACILITATE PROGRESS OF WORK. SHOP DRAWINGS WILL BE
REVIEWED BY ARCHITECT, TENANT AND BUILDING MANAGEMENT FOR GENERAL
REQUIREMENTS.
STA. STATION
FIRE EXTINGUISHER
FIRE EXTINGUISHER CAB.
FACE OF STUDS
FIREPROOF
FREEZER
FIRE RETARDENT
FOOT OR FEET
FLOOR SINK
FINISH
FIRE HOSE CABINET
FLUORESCENT
FACE OF CONCRETE
FACE OF PLYWOOD
FACE OF FINISH
FLASHING
FLOOR
T.&G.
T.B.
TEL.
TEMP.
T.B.R.
THK.
TER.
STL.
STD.
STRL.
STOR.
SUSP.
SYM.
STRUCT.
TONGUE AND GROOVE
TO BE REMOVED
TOWEL BAR
TELEPHONE
TERRAZZO
THICK
TEMPORARY
SYMMETRICAL
SUSPENDED
STRUCTURAL
STORAGE
STANDARD
STRUCTURAL
STEEL
SCHED.
ELECTRICAL
ELECTRICAL PANELBOARD
ELECTRICAL WATER COOLER
EXTRUSION
FLAT BAR
EXTERIOR
FIRE ALARM
EXPANSION
FOUNDATION
FLOOR DRAIN
FIRE BLANKET
ELEVATION
EQUAL
EMERGENCY
EQUIPMENT
ENCLOSURE
EXPOSED
EXISTING S.M.D.
SQ.
S.M.S.
S.N.R.
S.P.D.
SPEC.
S.N.D.
SST.
S.SK.
S.S.D.
S.D.
SH.
SCRN.
S.E.D.
SHR.
SECT.
SIM.
SHT.
DRY STANDPIPE
DRAWER
DRAWING
EXISTING
EXPANSION JOINT
ELEVATION
EACH
EAST
DIAMETER
DRAIN INLET
DIMENSION
DOWNSPOUT
DOOR OPENING
DISPENSER
DRINKING FOUNTAIN
DOWN
DOOR R.H.
R.O.
RM.
S.C.
S.
RWD.
R.W.L.
S.C.D.
REINF.
RESID.
REQ.
REFL.
REFR.
R.F.P.
RESIL.
RGTR.
REF.
SCHEDULE
SEE MECH. DWGS.
SHEET METAL SCREW
SEE STRUCT DWGS.
STAINLESS STEEL
SEAT PROTECTION DISPENER
SANITARY NAPKIN DISPENSER
SANITARY NAPKIN RECEPTACLE
SPECIFICATION
SERVICE SINK
SQUARE
SOAP DISPENSER
SEE ELEC. DWGS.
SCREEN
SIMILAR
SHOWER
SECTION
SHELF
SHEET
REINFORCED FIBERGLASS PANELS
ROBE HOOK
RAIN WATER LEADER
ROUGH OPENING
SEE CIVIL DWGS.
SOLID CORE
REDWOOD
SOUTH
ROOM
REINFORCED
REQUIRED
REFRIGERATOR
REFLECTED
RESILIENT
REGISTER
RESIDENTIAL
REFERENCE
16.
15.
ABBREVIATIONS
//
ABV.
A.D.
ACOUS.
AL.
AGGR.
ALUM.
A.F.F.
ADJ.
ASB.
APPROX.
ARCH.
ANOD.
A.C.
BAL.
ASPH.
BLK.
BD.
BITUM.
BLDG.
BOT.
B.O.
BM.
BLKG.
BAS.
CAB.
B.U.R.
BTWN.
CER.
C.G.
C.B.
CEM.
CLG.
C.J.
CLKG.
CL.
CLR.
CLRM.
CLO.
C.I.
COL.
C.O.
COMPT.
CONN.
CONT.
CONSTR.
CONC.
CTR.
CTSK.
CNTR.
DET.
DEPT.
DEFLECT.
DBL.
CORR.
CMU
BSMT.
LC
@
&
Ø
#
LP
[
THE CONTRACTOR SHALL DETERMINE ALL LEAD TIMES FOR FINSH MATERIAL AT TIME
OF PRICING TO ASSURE AVAILIBILITY OF MATERIALS AS SCHEDULE REQUIRES. ANY
COSTS FOR SPECIAL HANDLING OR AIR FREIGHT OF MATERIALS IN ORDER TO MEET
REQUIRED DEADLINES IS THE RESPONSIBILITY OF THE CONTRACTOR.
THE CONTRACTOR SHALL COMPLETE SUBMITTALS FOR ARCHITECT'S APPROVALS
PRIOR TO INSTALLATION FOR THE FOLLOWING ITEMS:
1. DOOR HARDWARE
2. 12" X 12" PAINT BRUSH OUTS AND SAMPLES OF ALL FINISH TYPES AND COLORS.
NEW CONSTRUCTION SHALL MATCH EXISTING. EVERY EFFORT MUST BE MADE TO
PROVIDE A SEAMLESS, LIKE-NEW SPACE; NO EVIDENCE OF PREVIOUSLY EXISTING
CONSTRUCTION SHALL REMAIN. NEW CONSTRUCTION, INCLUDING NEW GYPSUM
BOARD PARTITIONS THAT ABUT EXISTING DEMOUNTABLE PARTITIONS, SHALL MEET
FLUSH IN THE SAME PLANE WITH NO VISIBLE JOINTS SHOWING U.O.N.
DIMENSIONS NOTED 'V.I.F." SHALL BE VERIFIED BY CONTRACTOR PRIOR TO
CONSTRUCTION.
ALL CLEAR DIMENSIONS ARE REQUIRED TO BE EXACT WITHIN 1/8" SCALE TOLERANCE
ALONG FULL HEIGHT AND FULL WIDTH OF WALLS.
ALL WALL DIMENSIONS ARE FINISHED FACE-OF-WALL, UNLESS SHOWN OR NOTED
OTHERWISE.
DO NOT SCALE DRAWINGS. WRITTEN DIMENSIONS GOVERN.
THE CONTRACTOR SHALL ORDER MATERIALS IN SUFFICIENT TIME FOR ORDERLY
INSTALLATIONS. THE ARCHITECT WILL NOT ENTERTAIN ANY REQUESTS FOR MATERIAL
SUBSTITUTIONS. IF NECESSARY, THE CONTRACTOR SHALL PROVIDE AND INSTALL
TEMPORARY FINISHES OR MATERIALS. MONIES WILL BE WITHHELD PENDING THE
SATISFACTORY INSTALLATION OF SPECIFIED FINISHES AND MATERIALS.
REFERENCES TO MAKES, BRANDS, AND MODELS IS TO ESTABLISH TYPE AND QUALITY
DESIRED. SUBSTITUTIONS FOR "EQUALS" WILL NOT BE ACCEPTABLE UNLESS
SPECIFICALLY APPROVED BY THE ARCHITECT.
THE CONTRACTOR IS RESPONSIBLE FOR CHECKING CONTRACT DOCUMENTS, FIELD
CONDITIONS AND DIMENSIONS FOR ACCURACY AND CONFIRMING THE WORK IS
BUILDABLE AS SHOWN BEFORE PROCEEDING WITH CONSTRUCTION. IF THERE ARE ANY
QUESTIONS, THE CONTRACTOR IS RESPONSIBLE FOR INFORMING THE ARCHITECT AND
BUILDING MANAGEMENT IN WRITING AND OBTAINING A CLARIFICATION FROM THE
ARCHITECT AND BUILDING MANAGEMENT BEFORE PROCEEDING WITH WORK IN
QUESTION OR RELATED WORK. REQUESTS FOR ADDITIONAL CHARGES WILL NOT BE
ENTERTAINED FOR THE CONTRACTOR'S FAILURE TO FORESEE MEANS OF INSTALLING
EQUIPMENT INTO POSITION INSIDE STRUCTURES.
PRIOR TO COMMENCING WORK, THE CONTRACTOR, IN CONFERENCE WITH BUILDING
MANAGEMENT, SHALL PREPARE A LIST OF HIS ACTIVITIES THAT WILL, IN ANY WAY,
AFFECT THE NORMAL OPERATIONS OF THE BUILDING AND NEIGHBORING TENANTS.
PROTECTIVE MEASURES AND SCHEDULING SHALL BE ESTABLISHED TO MINIMIZE
DISRUPTION OF PROJECT PROPERTY NOT RELATED TO THIS PROJECT. PROVIDE THE
MANAGEMENT WITH A COPY OF THE SCHEDULE AND THE DESCRIPTION OF
PROTECTION.
CONTRACTOR SHALL APPLY FOR, OBTAIN AND PAY FOR ALL LICENSES AND
INSPECTIONS AS REQUIRED TO COMPLY WITH ALL CITY AND LOCAL CODES AND LAWS.
ALL WORK SHALL CONFORM TO ALL GOVERNING CODES AND ORDINANCES.
N.I.C. NOT IN CONTRACTBLOCK
PLN.CLEAR
CONCRETE MASONRY UNIT
CONTINUOUS
COUNTER
CENTER
DETAIL
DOUBLE
COUNTERSUNK
DEPARTMENT
DEFLECTION
CORRIDOR
CLASSROOM
COLUMN
CONCRETE
CLEAN OUT
CONNECTION
COMPACTOR
CONSTRUCTION
CLEAR
P.T.R.
PTN.
Q.T.
R.
(RE)
P.T.S.
RAD.
P.LAM.
PLAS.
PR.
PT.
P.T.D./R
PRCST.
P.T.D.
PLYWD.
CATCH BASIN
CERAMIC
CEMENT
CORNER GUARD
CAULKING
CEILING
CLOSET
CONTROL JOINT
CAST IRON
BOTTOM
BEAM
BLOCKING
BETWEEN
CABINET
BUILT-UP ROOFING
BASEMENT
BOTTOM OF
O.H.
O.F.S.
OFF.
PL.
OPP.
P.I.P.
OPNG.
NO. or #
N.T.S.
NOM.
O.C.
O.D.
O.F.C.I.
OBS.
O.A.
12.
PLAN
DISPENSER & RECEPTACLE
RELOCATED EXISTING
PNEUMATIC TUBE SYSTEM
PAPER TOWEL RECEPTABLE
QUARRY TILE
RADIUS
RISER
PARTITION
PLASTIC LAMINATE
PAPER TOWEL DISPENSER
COMBINATION PAPER TOWEL
PLASTER
PRE-CAST
PAIR
POINT
PLYWOOD
14.
13.
CONTRACTOR INSTALLED
OUTSIDE FACE OF STUD
POURED IN PLACE
OPPOSITE HAND
OPENING
OPPOSITE
PLATE
OFFICE
OUTSIDE DIAMETER(DIM.)
OWNER FURNSHED
NOT TO SCALE
NOMINAL
NUMBER
ON CENTER
OBSCURE
OVERALL
8.
11.
10.
9.
7.
M.C.
ABOVE FINISHED FLOOR
ARCHITECTURAL
ASBESTOS
BALANCE
ASPHALT
ASPHALTIC CONCRETE
BOARD
BUILDING
BITUMINOUS
BASEMENT
ADJUSTABLE
AREA DRAIN
ALUMINUM
AGGREGATE
ALUMINUM
ACOUSTICAL
ANODIZED
APPROXIMATE MISC.
M.S.
MTD.
MTG.
MUL.
M.O.
MOD.
(N)
N.
MH.
MEMB.
MECH.
M.D.F.
MET.
MFR.
MIR.
MIN.
DIAMETER OR ROUND
PARALLEL
PERPENDICULAR
POUND OR NUMBER
CENTERLINE
ABOVE
AT
AND
ANGLE
PROPERTY LINE
CHANNEL
L.P.
LAV.
LT.
MAX.
MAT.
LKR.
LNDG.
M.B.
LAM.
LAB.
MEDICINE CABINET
MISCELLANEOUS
MASONRY OPENING
MACHINE SCREW
MOUNTED
MOUNTING
MULLION
NEW
NORTH
MODULAR
MEDIUM DENSITY FIBERBOARD
MEMBRANE
MANUFACTURER
MECHANICAL
MANHOLE
METAL
MIRROR
MINIMUM
5.
6.
LIGHT
MAXIMUM
MATERIAL
MACHINE BOLT
LOW PARTITION
LANDING
LOCKER
LAVATORY
LABORATORY
LAMINATE
4.
3.
2.
1.
GENERAL NOTES
H.M.
FTG.
FURR.
GA.
F.V.
GALV.
FUT.
GR.
GL.
G.B.
GND.
GYP.
H.B.
G.S.M.
HD.
HGT.
HDWE.
HDWD.
KNEE SPACE
H.S. HR.
HORIZ.
I.D.
INSUL.
JT.
JAN.
INT.
H.W.D.
K.S.
KIT.
H.C.
W/H
HANGER STRIP
HOT WATER DISPENSER
KITCHEN
INSIDE DIAMETER (DIM.)
INSULATION
WEIGHT
JANITOR
INTERIOR
JOINT
WT.
WD.
WK
WP.
WSCT.
W.R.
W.PT.
WDW.
W.O.
HARDWARE
W/O
WORKING POINT
WATER RESISTANT
WHERE OCCURS
WATERPROOF
WAINSCOT
WINDOW
WITHOUT
WORK
WOOD
T.O.S.
FIELD VERIFY
GALVANIZED SHEET METAL
HOSE BIBB
U.O.N.
HEIGHT
HOLLOW METAL
HORIZONTAL
HARDWOOD
HANDICAPPED
HAND
HOUR
GAUGE
GALVANIZED
GRADE
GLASS
GROUND
GYPSUM
GRAB BAR
UR.
FOOTING
W.
W./C.
VERT.
V.C.T.
VEST.
TOIL.
T.O.W.
T.R.
T.V.
T.W.G.
TYP.
UNF.
TRD.
T.P.D.
FURRING
TACKABLE WALL COVERING
FUTURE
T.O.
T.O.C.
T.O.P.
TOP OF SLAB
UNLESS OTHERWISE NOTED
VINYL COMPOSITION TILE
VERTICAL OR VERTICALLY
URINAL
WEST OR WIRE
WATER CLOSET
WATER HEATER
VESTIBULE
TOILET PAPER DISPENSER
TRASH RECPTACLE
UNFINISHED
TYPICAL
TELEVISION
TOP OF WALL
TOILET
TREAD
TOP OF PAVEMENT
TOP OF CURB
TOP OF
CTRTOP. COUNTERTOP
W/ WITH
- BASE BUILDING IMPROVEMENT -
(APN.: 316-20-112)
NOT USED.17.
CONTRACTOR TO USE GRID OF 3/8" SIMPSON BLUE BANGER THREADED INSERTS @ 4'
O.C. FOR HANGING EQUIPMENT FROM CEILING WHERE OCCUR
18.
ADDITIONAL NOTES
DESIGN WITHOUT CONSTRUCTION PHASE SERVICES:
SINCE DIRECT CONSTRUCTION OBSERVATIONS AND REVIEW OF THE CONTRACTOR'S
PERFORMANCE IS NOT INCLUDED AS PART OF THE DESIGNER/ARCHITECT'S BASIC
SERVICES, IT IS UNDERSTOOD THAT SUCH RESPONSIBILITIES WILL BE ASSUMED BY
OTHERS. D-SCHEME STUDIO AVAILS ITSELF TO THE CLIENT, THE CONTRACTOR, AND
ANY OTHER PARTIES AS NECESSARY (VIA TELEPHONE, FAX, AND EMAIL) IN ORDER TO
ASSIST IN PROVIDING CLARIFICATIONS OR RESOLVING ISSUES AND PROBLEMS THAT
MAY ARISE.
ALTHOUGH MANY ISSUES CAN BE EASILY ADDRESSED WITHOUT THE
DESIGNER/ARCHITECT'S INVOLVEMENT, THERE ARE TIMES WHEN PARTICIPATION IS
ADVISABLE. DETERMINATION OF WHEN INVOLVEMENT IS APPROPRIATE IS LEFT TO THE
PROFESSIONAL DISCRETION OF THE CONTRACTOR. IT IS UNDERSTOOD THAT THE
CLIENT AND/OR THE CONTRACTOR ASSUMES ALL RESPONSIBILITY FOR THE
INTERPRETATION OF THE DRAWINGS, AND ANY OTHER SUPPLEMENTAL INFORMATION,
AND WHEN THE DESIGNER/ARCHITECT IS DENIED THE OPPORTUNITY TO PROVIDE
CLARIFICATIONS OR PARTICIPATE IN CHANGES TO THE DESIGN OR THE RESOLUTION
OF ISSUES OR PROBLEMS, ALL PARTIES WAIVE ANY CLAIMS AGAINST THE
DESIGNER/ARCHITECT THAT MAY BE IN ANY WAY CONNECTED THERETO. D-SCHEME
STUDIO IS HELD HARMLESS FROM LOSS, CLAIM, OR COSTS ARISING OR RESULTING
FROM MODIFICATIONS OR CHANGES MADE TO THE DESIGN (WITHOUT THE
KNOWLEDGE OF THE DESIGNER/ARCHITECT) DUE TO CONDITIONS OR
CIRCUMSTANCES (ANTICIPATED OR NOT) BEYOND THE DESIGNER/ARCHITECT'S
CONTROL.
- BASE BUILDING IMPROVEMENT -
NOT FOR
CONSTRUCTION
Dscheme Studio
Dream :: Design :: Develop
222 8TH STREET
SAN FRANCISCO, CA 94103
T: 415.252.0888
F: 415.252.8388
WWW.DSCHEME.COM
DRAWN BY:
CHECKED BY:
JOB NUMBER:
SCALE:
DATE:
SHEET NUMBER:
SHEET TITLE:
SHEET NUMBER:
SHEET TITLE:
07.01.2023
HJ
MD
08.30.23 PLANNING PROGRESS SET
STAMP
THIS DRAWING IS ISSUED FOR REFERENCE PURPOSES ONLY,
AND NOT FOR CONSTRUCTION. THIS DRAWING IS CURRENTLY
UNDER DEVELOPMENT, AND IS BEING ISSUED TO THE
CONTRACTOR AT THIS TIME IN ACCORDANCE WITH THE
OWNER'S REQUEST. THE INFORMATION CONTAINED IN THIS
DRAWING IS INTENDED TO SUPPLEMENT THE OTHER
DOCUMENTS CURRENTLY BEING ISSUED FOR CONSTRUCTION.
THIS INFORMATION REPRESENTS THE CURRENT STAGE OF
DEVELOPMENT OF THIS AREA, IS SUBJECT TO CHANGE BASED
ON OWNER AND OPERATOR INPUT AND DEVELOPMENT OF THE
DOCUMENTS, AND REQUIRES COORDINATION WITH THE OTHER
DOCUMENTS. USE OF THESE DOCUMENTS AT THIS STAGE OF
DEVELOPMENT IS AT THE SOLE RISK OF THE RECIPIENT.
APN.: 316-20-112
STEVENS CREEK BLVD.
19349
CUPERTINO, CA 95014
MAIN STREET
CUPERTINO
NOT TO SCALE
ASSESSOR MAP
N
NOT TO SCALE
VICINITY MAP
REFLECTED CEILING PLAN:
ELEVATION DESIGNATION
SEE DOOR SCHEDULE
8
1
3
103
OFFICE HARDWARE GROUP
SEE SPECS.
ALIGNMENT SYMBOL
PARTITION TYPE
DOOR MARK
REVISION
+9'-6"
102
36
LP
& SHEET NOTES
CEILING HEIGHT
KEY NOTES
FINISH MATERIAL
ROOM NUMBER
ROOM NAME
ELEVATION GROUP NUMBER
A8.6
14
A9.1
23
A
B
CA5.3
6
D
A4.3
5
SHEET NUMBER
SHEET NUMBER
INTERIOR ELEVATION
DETAIL NUMBER
SHEET NUMBER
DETAIL NUMBER
ENLARGED DETAILELEVATION
A3.6
4
SHEET NUMBER
SECTION NUMBER
SHEET NUMBER
SECTION
ELEVATION NUMBER
CENTER LINE
N
NORTH ARROW
SYMBOLS
NOTE:
SOME OF THE ABOVE SYMBOLS
MAY NOT HAVE BEEN USED
FOR THIS PROJECT.
DOOR SYMBOLDETAIL
THE G.C. SHALL BE RESPONSIBLE FOR THE CONSTRUCTION AND COORDINATION OF
ALL PLUMBING AND FIRE PROTECTION WORK. THIS INCLUDES ANY APPLICABLE
DRAWINGS, DETAILS, CALCULATION, ETC, THAT MAY BE REQUIRED TO PROPERLY
EXECUTE THIS WORK.
A. LOCATIONS, QUANTITIES AND CODE COMPLIANCE OF ALL NEW RECONFIGURED
ELECTRICAL, PLUMBING, AND FIRE PROTECTION DEVICES ARE THE SOLE RESPONSIBILITY
OF THE G.C.
B. THE NEW MECHANICAL SYSTEM SHALL REUSE EXISTING WHERE APPROPRIATE,
COORDINATE WITH BUILDING MANAGEMENT.
THE G.C. SHALL KEEP THE ARCHITECT, TENANT AND BUILDING MANAGEMENT ABREAST
OF ALL DESIGN BUILD PROGRESS. SUBMIT COPIES PRIOR TO FABRICATION /
INSTALLATION. SUBMIT PRINTS TO THE ARCHITECT, TENANT AND BUILDING
MANAGEMENT FOR REVIEW AND APPROVAL PRIOR TO COMMENCING WORK.
19.
20.
BASE BUILDING IMPROVEMENT INTO EXISTING 1-STORY COMMERCIAL BUILDING.
SCOPE OF WORK INCLUDE, BUT NOT LIMITED TO:
- REMOVE EXISTING ROOF FRAME
- REMOVE PARTIAL EXISTING EXTERIOR WALL TO RECEIVE NEW WINDOWS
- ADDITION OF NEW SECOND FLOOR - APPROX. 5,585 GROSS S.F.
- ADDITION OF NEW PASSENGER ELEVATOR AND STAIRS
- ADDITION OF NEW BIRD-SAFETY WINDOWS AT SECOND FLOOR
PROJECT DESCRIPTION
STEVENS CREEK BLVD.
19349
PROJECT TEAM
N
ARCHITECT:
D-SCHEME STUDIO
222 8TH STREET
SAN FRANCISCO, CA 94103
CONTACT: MARC DIMALANTA
T: 415.252.0888
F: 415.252.8388
E: M.DIMALANTA@DSCHEME.COM
19349 STEVENS CREEK BLVD.
CUPERTINO, CA 95014
316-20-112
CP - HEART OF THE CITY SPECIFIC PLAN AREA
CP - HEART OF THE CITY SPECIFIC PLAN
LAND USE COMMERCIAL/ OFFICE/ RESIDENTIAL
SC - SOUTH VALLCO PARK
CP - EAST STEVENS CREEK BLVD SPECIFIC PLAN
OFFICE
±486,210 GROSS S.F. (PER ASSESSOR PARCEL INFORMATION)
(E) 5,930 GROSS S.F.
(E) 5,930 GROSS S.F.
(N) 5,585 GROSS S.F. - (N) 2ND FLOOR
(N) 11,515 GROSS S.F.
B - OFFICE
(E) 1-STORY BUILDING
(E) ±37'-4" (NO CHANGE)
(E) TYPE V-B (NO CHANGE)
LOCATION:
APN.:
ZONING:
OVERLAYS
EXISTING BUILDING USE:
EXISTING LOT SIZE:
EXISTING BUILDING AREA:
NEW BUILDING AREA:
OCCUPANCY GROUP:
NUMBER OF STORY:
BUILDING HEIGHT:
CONSTRUCTION TYPE:
CUPERTINO, CA 95014
PROJECT DATA
LANDLORD:
MAIN STREET CUPERTINO AGGREGATOR, LLC
203 REDWOOD SHORES PKWY, SUITE #200
REDWOOD CITY, CA 94065
CONTACT: MIKE ROHDE / NANDY KUMAR
T: 650. 344. 1500
EMAIL: MROHDE@SHOPCO.COM
CODE ANALYSIS
PLANNING PERMIT FILE NO.
U-2008-01 THE PREVIOUSLY APPROVED MATER USE PERMIT
M-2022-09 APPROVED MODIFICATIONS TO U-2008-01
ADA-2008-06 ARCHITECTURAL AND SITE APPROVAL
TR-2008-08 TREE MASTER USE PERMIT
ADA-2011-24 ARCHITECTURAL AND SITE APPROVAL
2022 CALIFORNIA BUILDING CODE,
2022 CALIFORNIA ELECTRICAL CODE,
2022 CALIFORNIA PLUMBING CODE,
2022 CALIFORNIA MECHANICAL CODE,
2022 CALIFORNIA FIRE CODE,
2022 CALIFORNIA ENERGY CODE,
2022 CALIFORNIA GREEN BUILDING STANDARDS CODE AS
ADOPTED BY THE CITY OF OAKLAND, AND
THE CITY OF OAKLAND MUNICIPAL CODE
(E) TYPE V-B (NO CHANGE)CONSTRUCTION TYPE:
CBC SEC. 304B (BUSINESS)OCCUPANCY GROUP:
(SPECULATIVE)
ALLOWABLE NO. OF STORIES 3 STORY
ALLOWABLE BUILDING HEIGHT 60' MAX. PER 2022 CBC CODE
45' MAX. PER ZONING ORDINANCE
CBC SEC. 504.3
ZONING ORDINANCE
GENERAL BUILDING LIMITATIONS
CBC SEC. 503
CBC SEC. 504.4
STORIES PROPOSED 2 STORY
PROPOSED BUILDING HEIGHT (E) 37'-4" (NO CHANGE)
SPRINKLER SYSTEM:YES (NO CHANGE)CBC SEC. 903
ALLOWABLE BUILDING AREA:
(BASED ON B OCCUPANCY)
27,000 S.F.CBC SEC. 506.2
PROPOSED BUILDING AREA:
(BASED ON B OCCUPANCY)
11,515 S.F. < 27,000 S.F. MAX.
(E) TYPE V-B (NO CHANGE)CONSTRUCTION TYPE:
FIRE RESISTIVE REQUIREMENTS
CBC SEC. 304B (BUSINESS)OCCUPANCY GROUP:
(SPECULATIVE)
BUILDING ELEMENTS:
0 HOUR CBC TABLE 601PRIMARY STRUCTURAL FRAME
0 HOUREXTERIOR WALLS
0 HOURINTERIOR WALLS
0 HOURNON BEARING WALLS EXTERIOR
0 HOURNON BEARING WALLS INTERIOR
0 HOURROOF CONSTRUCTION AND
ASSOCIATED SECONDARY
STRUCTURAL MEMBERS
ROOF CONSTRUCTION AND
ASSOCIATED SECONDARY
STRUCTURAL MEMBERS
0 HOUR
OPENINGS IN EXTERIOR WALLS UNPROTECTED CBC SEC. 705.8
APPLICABLE CODE
EXISTING PHOTOS
ROOM NAME AREA (GROSS S.F.)
(N) TENANT SPACE A (E) 5,118 G.S.F.
(E) ELECTRICAL ROOM (E) 138 G.S.F.
(E) FIRE ROOM (E) 88 G.S.F.
(E) 5,930 G.S.F.
GROUND FLOOR
TOTAL GROUND FLOOR
(N) TENANT SPACE B (N) 5,062 G.S.F.
(N) 5,585 G.S.F.
SECOND FLOOR
TOTAL SECOND FLOOR
(N) LOBBY (E) 586 G.S.F.
(N) LOBBY (N) 523 G.S.F.
(N) 11,515 G.S.F.TOTAL BUILDING AREA
EXISTING SQUARE FOOTAGE
ROOM NAME AREA (GROSS S.F.)
(E) TENANT SPACE (E) 5,705 G.S.F.
(E) ELECTRICAL ROOM (E) 138 G.S.F.
(E) FIRE ROOM (E) 88 G.S.F.
TOTAL (E) BUILDING AREA (E) 5,930 G.S.F.
PROPOSED SQUARE FOOTAGE
DRAWING INDEX
ARCHITECTURAL:
A0.0 PROJECT DATA, DRAWING INDEX, GENERAL NOTES
A0.1 EXISTING SITE PLAN FOR REFERENCE
A1.0 EXISTING/DEMOLITION GROUND AND ROOF PLANS
A2.0 PROPOSED GROUND AND SECOND FLOOR PLANS
A2.1 PROPOSED ROOF PLAN
A4.0 EXISTING AND PROPOSED EXTERIOR ELEVATIONS
A4.1 EXISTING AND PROPOSED BUILDING SECTIONS
A8.0 PROPOSED EXTERIOR 3D IMAGES
PROJECT SITE
19349 STEVENS CREEK BLVD.
CUPERTINO, CA 95014
PROJECT SITE
19349 STEVENS CREEK BLVD.
CUPERTINO, CA 95014
12
2
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A0.1
AS NOTED
EXISTING SITE PLAN
FOR REFERENCE
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NOT FOR
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222 8TH STREET
SAN FRANCISCO, CA 94103
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DRAWN BY:
CHECKED BY:
JOB NUMBER:
SCALE:
DATE:
SHEET NUMBER:
SHEET TITLE:
SHEET NUMBER:
SHEET TITLE:
07.01.2023
HJ
MD
08.30.23 PLANNING PROGRESS SET
STAMP
THIS DRAWING IS ISSUED FOR REFERENCE PURPOSES ONLY,
AND NOT FOR CONSTRUCTION. THIS DRAWING IS CURRENTLY
UNDER DEVELOPMENT, AND IS BEING ISSUED TO THE
CONTRACTOR AT THIS TIME IN ACCORDANCE WITH THE
OWNER'S REQUEST. THE INFORMATION CONTAINED IN THIS
DRAWING IS INTENDED TO SUPPLEMENT THE OTHER
DOCUMENTS CURRENTLY BEING ISSUED FOR CONSTRUCTION.
THIS INFORMATION REPRESENTS THE CURRENT STAGE OF
DEVELOPMENT OF THIS AREA, IS SUBJECT TO CHANGE BASED
ON OWNER AND OPERATOR INPUT AND DEVELOPMENT OF THE
DOCUMENTS, AND REQUIRES COORDINATION WITH THE OTHER
DOCUMENTS. USE OF THESE DOCUMENTS AT THIS STAGE OF
DEVELOPMENT IS AT THE SOLE RISK OF THE RECIPIENT.
APN.: 316-20-112
STEVENS CREEK BLVD.
19349
CUPERTINO, CA 95014
MAIN STREET
CUPERTINO
SUBJECT SITE
19349 STEVENS CREEK BLVD.
CUPERTINO, CA 95014
SHOP 1(E) SHOP 2
(E) 8,200 S.F.
(E
)
3
1
'
-
0
"
(E) 60'-0"
(E
)
3
0
'
>
T
O
C
L
.
OF
S
T
R
E
E
T
(E) 30'> TO PL.
(E) PARKING LOT
(E) PARKING LOT
(E) PARKING LOT
(E) PARKING LOT
(E
)
P
A
R
K
I
N
G
L
O
T
(E) RETAIL FLEX 2
(E) ADJACENT BLDG.
(E) ADJACENT BLDG.
(E) RETAIL FLEX 1
(E) ADJACENT BLDG.
(E) ADJACENT PARKING STRUCTURE
(E) PAD 3
(E) 1,970 S.F.
(E) SHOP 3
(E) 9,718 S.F.
(E) SHOP 4
(E) 12,616 S.F.
(E) SHOP 5
(E) 4,893 S.F.
(E) PAD 2
(E) 1,583 S.F.
(E) PAD 1
(E) 2,203 S.F.
(E) SHOP 7
(E) 7,078 S.F.
(E) SHOP 8
(E) 7,067 S.F.
12
3
PC 11-14-2023
123 of 241
A1.0
AS NOTED
EXISTING/ DEMOLITION
GROUND AND ROOF PLAN
- BASE BUILDING IMPROVEMENT -
NOT FOR
CONSTRUCTION
Dscheme Studio
Dream :: Design :: Develop
222 8TH STREET
SAN FRANCISCO, CA 94103
T: 415.252.0888
F: 415.252.8388
WWW.DSCHEME.COM
DRAWN BY:
CHECKED BY:
JOB NUMBER:
SCALE:
DATE:
SHEET NUMBER:
SHEET TITLE:
SHEET NUMBER:
SHEET TITLE:
07.01.2023
HJ
MD
08.30.23 PLANNING PROGRESS SET
STAMP
THIS DRAWING IS ISSUED FOR REFERENCE PURPOSES ONLY,
AND NOT FOR CONSTRUCTION. THIS DRAWING IS CURRENTLY
UNDER DEVELOPMENT, AND IS BEING ISSUED TO THE
CONTRACTOR AT THIS TIME IN ACCORDANCE WITH THE
OWNER'S REQUEST. THE INFORMATION CONTAINED IN THIS
DRAWING IS INTENDED TO SUPPLEMENT THE OTHER
DOCUMENTS CURRENTLY BEING ISSUED FOR CONSTRUCTION.
THIS INFORMATION REPRESENTS THE CURRENT STAGE OF
DEVELOPMENT OF THIS AREA, IS SUBJECT TO CHANGE BASED
ON OWNER AND OPERATOR INPUT AND DEVELOPMENT OF THE
DOCUMENTS, AND REQUIRES COORDINATION WITH THE OTHER
DOCUMENTS. USE OF THESE DOCUMENTS AT THIS STAGE OF
DEVELOPMENT IS AT THE SOLE RISK OF THE RECIPIENT.
APN.: 316-20-112
STEVENS CREEK BLVD.
19349
CUPERTINO, CA 95014
MAIN STREET
CUPERTINO
1 EXISTING/ DEMOLITION GROUND FLOOR PLAN - SHOP 1
1/8" = 1'-0"
1 2 3
A
B
C
(E) ±35'-0"(E) ±35'-0"
(E
)
±
4
0
'
-
0
"
(E
)
±
4
0
'
-
0
"
---
(E) ELECT. RM.
---
(E) FIRE RM.---
(E) TENANT SPACE
10
'
-
1
0
"
6'-3 1/4"
7'
-
6
"
REMOVE (E) CONC. SLAB
TO RECEIVE (N) ELEVATOR PIT
TYP. 5'-0" BELOW (E) CONC. SLAB
(E
)
±
2
4
'
-
0
"
(E
)
±
2
6
'
-
0
"
(E
)
±
3
0
'
-
0
"
(E
)
±
4
'
-
0
"
(E) ±5'-0"
(E) ±4'-0"(E) ±6'-0"
(E) ±6'-0"(E) ±6'-0"(E) ±12'-0"(E) ±16'-0"(E) ±12'-0"(E) ±6'-0"(E) ±16'-0"
(E) ±74'-0"
(E
)
±
4
'
-
0
"
(E
)
±
1
7
'
-
9
"
(E
)
±
1
6
'
-
0
"
(E
)
±
1
7
'
-
9
"
(E
)
±
4
'
-
6
"
(E
)
±
1
9
'
-
6
"
(E
)
±
4
'
-
6
"
(E) ±4'-6"(E) ±19'-6"(E) ±4'-6"(E) ±12'-1"(E) ±15'-4"(E) ±18'-1"
LEGEND
EXISTING WALL TO REMAIN
EXISTING DOORS TO REMAIN
EXISTING WALL / ITEM TO BE REMOVED
EXISTING COLUMN - TYP. HSS 6X6X3/8 AT (E) EXTERIOR PERIMETER
REFER TO AS-BUILT STRUCTURAL DRAWINGS
A4.0
1
A4.0
2
A4.0
3
A4.0
4
A4.1
1
REMOVE
(E) STOREFRONT
TO RECEIVE
(N) DOOR
6'
-
0
"
(E) 5,705 G.S.F.
(E) TOWER ABOVE
(E
)
T
O
W
E
R
A
B
O
V
E
1 2 3
A
B
C
(E) ±35'-0"(E) ±35'-0"
(E
)
±
4
0
'
-
0
"
(E
)
±
4
0
'
-
0
"
---
(E) UNOCCUPIED ROOF
REMOVE (E) ROOF FRAME PER (N) WORK
(E) SLOPE
(E) 4:12
(E) SLOPE
(E) 4:12
(E
)
S
L
O
P
E
(E
)
4
:
1
2
(E
)
S
L
O
P
E
(E
)
4
:
1
2
2 EXISTING/ DEMOLITION ROOF PLAN - SHOP 1
1/8" = 1'-0"
(E) ±37'-4"
T.O.R.
(E
)
±
3
2
'
-
1
0
"
(E) ±32'-10"
(E
)
P
A
R
A
P
E
T
T
O
R
E
M
A
I
N
(E) PARAPET TO REMAIN
(E) PARAPET TO REMAIN
(E
)
P
A
R
A
P
E
T
T
O
R
E
M
A
I
N
(E
)
B
U
I
L
D
I
N
G
L
I
N
E
B
E
L
O
W
(E
)
B
U
I
L
D
I
N
G
L
I
N
E
B
E
L
O
W
(E) BUILDING LINE BELOW
(E) 138 G.S.F.
(E) 88 G.S.F.
EXISTING SQUARE FOOTAGE
ROOM NAME AREA (GROSS S.F.)
(E) TENANT SPACE (E) 5,705 G.S.F.
(E) ELECTRICAL ROOM (E) 138 G.S.F.
(E) FIRE ROOM (E) 88 G.S.F.
TOTAL (E) BUILDING AREA (E) 5,930 G.S.F.
(E) AWNING ABV.
(E) AWNING ABV.
(E) AWNING ABV.(E) AWNING ABV.
(E
)
A
W
N
I
N
G
A
B
V
.
(E
)
A
W
N
I
N
G
A
B
V
.
(E
)
A
W
N
I
N
G
A
B
V
.
(E) AWNING BELOW
(E) AWNING BELOW
(E) AWNING BELOW(E) AWNING BELOW
(E
)
A
W
N
I
N
G
B
E
L
O
W
(E
)
A
W
N
I
N
G
B
E
L
O
W
(E
)
A
W
N
I
N
G
B
E
L
O
W
12
4
PC 11-14-2023
124 of 241
A2.0
AS NOTED
PROPOSED FLOOR PLANS
GROUND AND SECOND FLOOR
- BASE BUILDING IMPROVEMENT -
NOT FOR
CONSTRUCTION
Dscheme Studio
Dream :: Design :: Develop
222 8TH STREET
SAN FRANCISCO, CA 94103
T: 415.252.0888
F: 415.252.8388
WWW.DSCHEME.COM
DRAWN BY:
CHECKED BY:
JOB NUMBER:
SCALE:
DATE:
SHEET NUMBER:
SHEET TITLE:
SHEET NUMBER:
SHEET TITLE:
07.01.2023
HJ
MD
08.30.23 PLANNING PROGRESS SET
STAMP
THIS DRAWING IS ISSUED FOR REFERENCE PURPOSES ONLY,
AND NOT FOR CONSTRUCTION. THIS DRAWING IS CURRENTLY
UNDER DEVELOPMENT, AND IS BEING ISSUED TO THE
CONTRACTOR AT THIS TIME IN ACCORDANCE WITH THE
OWNER'S REQUEST. THE INFORMATION CONTAINED IN THIS
DRAWING IS INTENDED TO SUPPLEMENT THE OTHER
DOCUMENTS CURRENTLY BEING ISSUED FOR CONSTRUCTION.
THIS INFORMATION REPRESENTS THE CURRENT STAGE OF
DEVELOPMENT OF THIS AREA, IS SUBJECT TO CHANGE BASED
ON OWNER AND OPERATOR INPUT AND DEVELOPMENT OF THE
DOCUMENTS, AND REQUIRES COORDINATION WITH THE OTHER
DOCUMENTS. USE OF THESE DOCUMENTS AT THIS STAGE OF
DEVELOPMENT IS AT THE SOLE RISK OF THE RECIPIENT.
APN.: 316-20-112
STEVENS CREEK BLVD.
19349
CUPERTINO, CA 95014
MAIN STREET
CUPERTINO
2 PROPOSED SECOND FLOOR PLAN - SHOP 1
1/8" = 1'-0"1 PROPOSED GROUND FLOOR PLAN - SHOP 1
1/8" = 1'-0"
LEGEND
EXISTING WALL TO REMAIN
EXISTING WALL / ITEM TO BE REMOVED
NEW FULL HEIGHT WALL
1 2 3
A
B
C
(E) ±35'-0"(E) ±35'-0"
(E
)
±
4
0
'
-
0
"
(E
)
±
4
0
'
-
0
"
---
(E) ELECT. RM.
---
(E) FIRE RM.
---
(N) TENANT SPACE A
10
'
-
1
0
"
6'-3"
7'
-
6
"
(E
)
±
2
4
'
-
0
"
(E
)
±
2
6
'
-
0
"
(E
)
±
3
0
'
-
0
"
(E
)
±
4
'
-
0
"
(E) ±5'-0"
(E) ±4'-0"(E) ±6'-0"
(E) ±6'-0"(E) ±6'-0"(E) ±12'-0"(E) ±16'-0"(E) ±12'-0"(E) ±6'-0"(E) ±16'-0"
(E) ±74'-0"
(E
)
±
4
'
-
0
"
(E
)
±
1
7
'
-
9
"
(E
)
±
1
6
'
-
0
"
(E
)
±
1
7
'
-
9
"
(E
)
±
4
'
-
6
"
(E
)
±
1
9
'
-
6
"
(E
)
±
4
'
-
6
"
(E) ±4'-6"(E) ±19'-6"(E) ±4'-6"(E) ±12'-1"(E) ±15'-4"(E) ±18'-1"
24'-0"
6'-5"8'-0"
24
'
-
0
"
7'
-
6
"
10
'
-
1
0
"
---
(N) LOBBY
---
(N) ELEV.
---
(N) STAIR
---
CONTROL RM.
(N) ELEV.
---
(N) TENANT SPACE B
---
(N) ELEV.
---
(N) STAIR
---
(N) LOBBY
1 2 3
A
B
C
(E) ±35'-0"(E) ±35'-0"
(E
)
±
4
0
'
-
0
"
(E
)
±
4
0
'
-
0
"
(E
)
±
2
4
'
-
0
"
(E
)
±
2
6
'
-
0
"
(E
)
±
3
0
'
-
0
"
(E
)
±
4
'
-
0
"
(E) ±5'-0"
(E) ±4'-0"(E) ±6'-0"
(E) ±6'-0"(E) ±6'-0"(E) ±12'-0"(E) ±16'-0"(E) ±12'-0"(E) ±6'-0"(E) ±16'-0"
(E) ±74'-0"
(E
)
±
4
'
-
0
"
(E
)
±
1
7
'
-
9
"
(E
)
±
1
6
'
-
0
"
(E
)
±
1
7
'
-
9
"
(E
)
±
4
'
-
6
"
(E
)
±
1
9
'
-
6
"
(E
)
±
4
'
-
6
"
(E) ±4'-6"(E) ±19'-6"(E) ±4'-6"(E) ±12'-1"(E) ±15'-4"(E) ±18'-1"
9'-4"
24'-0"
24
'
-
0
"
(E) COLUMN
EXISTING COLUMN - TYP. HSS 6X6X3/8 AT (E) EXTERIOR PERIMETER
REFER TO AS-BUILT STRUCTURAL DRAWINGS
EXISTING DOORS TO REMAIN
NEW DOOR
A4.0
5
A4.0
6
A4.0
7
A4.0
8
A4.0
5
A4.0
6
A4.0
7
A4.0
8
A4.1
2
A4.1
2
(N) 586 G.S.F.
(E) 138 G.S.F.
(E) 88 G.S.F.
(N) 5,118 G.S.F.
(N) ROOF ACCESS
PANEL ABOVE
W/ LADDER
(N) 5,062 G.S.F.
(N) 523 G.S.F.
(N) ROOF ACCESS
PANEL ABOVE
W/ LADDER
46
'
-
0
"
3'
-
6
"
(E) TOWER ABOVE
(E
)
T
O
W
E
R
A
B
O
V
E
(E) AWNING ABV.
(E) AWNING ABV.
(E) AWNING ABV.(E) AWNING ABV.
(E
)
A
W
N
I
N
G
A
B
V
.
(E
)
A
W
N
I
N
G
A
B
V
.
(E
)
A
W
N
I
N
G
A
B
V
.
(E) AWNING BELOW
(E) AWNING BELOW
(E) AWNING BELOW(E) AWNING BELOW
(E
)
A
W
N
I
N
G
B
E
L
O
W
(E
)
A
W
N
I
N
G
B
E
L
O
W
(E
)
A
W
N
I
N
G
B
E
L
O
W
(N) COLUMN
(N) COLUMN
PROPOSED SQUARE FOOTAGE
ROOM NAME AREA (GROSS S.F.)
(N) TENANT SPACE A (E) 5,118 G.S.F.
(E) ELECTRICAL ROOM (E) 138 G.S.F.
(E) FIRE ROOM (E) 88 G.S.F.
(E) 5,930 G.S.F.
GROUND FLOOR
TOTAL GROUND FLOOR
(N) TENANT SPACE B (N) 5,062 G.S.F.
(N) 5,585 G.S.F.
SECOND FLOOR
TOTAL SECOND FLOOR
(N) LOBBY (E) 586 G.S.F.
(N) LOBBY (N) 523 G.S.F.
(N) 11,515 G.S.F.TOTAL BUILDING AREA
(N) COLUMN
(N) COLUMN
(N) COLUMN
(N) COLUMN
(N) COLUMN
(N) COLUMN
(N) COLUMN
(N) COLUMN
(N) COLUMN
(N) COLUMN
(N) COLUMN
(N) COLUMN
(E) COLUMN
12
5
PC 11-14-2023
125 of 241
A2.1
AS NOTED
PROPOSED ROOF PLAN
- BASE BUILDING IMPROVEMENT -
NOT FOR
CONSTRUCTION
Dscheme Studio
Dream :: Design :: Develop
222 8TH STREET
SAN FRANCISCO, CA 94103
T: 415.252.0888
F: 415.252.8388
WWW.DSCHEME.COM
DRAWN BY:
CHECKED BY:
JOB NUMBER:
SCALE:
DATE:
SHEET NUMBER:
SHEET TITLE:
SHEET NUMBER:
SHEET TITLE:
07.01.2023
HJ
MD
08.30.23 PLANNING PROGRESS SET
STAMP
THIS DRAWING IS ISSUED FOR REFERENCE PURPOSES ONLY,
AND NOT FOR CONSTRUCTION. THIS DRAWING IS CURRENTLY
UNDER DEVELOPMENT, AND IS BEING ISSUED TO THE
CONTRACTOR AT THIS TIME IN ACCORDANCE WITH THE
OWNER'S REQUEST. THE INFORMATION CONTAINED IN THIS
DRAWING IS INTENDED TO SUPPLEMENT THE OTHER
DOCUMENTS CURRENTLY BEING ISSUED FOR CONSTRUCTION.
THIS INFORMATION REPRESENTS THE CURRENT STAGE OF
DEVELOPMENT OF THIS AREA, IS SUBJECT TO CHANGE BASED
ON OWNER AND OPERATOR INPUT AND DEVELOPMENT OF THE
DOCUMENTS, AND REQUIRES COORDINATION WITH THE OTHER
DOCUMENTS. USE OF THESE DOCUMENTS AT THIS STAGE OF
DEVELOPMENT IS AT THE SOLE RISK OF THE RECIPIENT.
APN.: 316-20-112
STEVENS CREEK BLVD.
19349
CUPERTINO, CA 95014
MAIN STREET
CUPERTINO
1 PROPOSED ROOF PLAN - SHOP 1
1/8" = 1'-0"
LEGEND
EXISTING WALL TO REMAIN
EXISTING WALL / ITEM TO BE REMOVED
NEW FULL HEIGHT WALL
1 2 3
A
B
C
(E) ±35'-0"(E) ±35'-0"
(E
)
±
4
0
'
-
0
"
(E
)
±
4
0
'
-
0
"
---
(N) UNOCCUPIED ROOF
(E
)
±
2
4
'
-
0
"
(E
)
±
2
6
'
-
0
"
(E
)
±
3
0
'
-
0
"
(E) ±74'-0"
(N) ROOF DRAIN
EXISTING COLUMN - TYP. HSS 6X6X3/8 AT (E) EXTERIOR PERIMETER
REFER TO AS-BUILT STRUCTURAL DRAWINGS
EXISTING DOORS TO REMAIN
NEW DOOR
A4.0
5
A4.0
6
A4.0
7
A4.0
8
A4.1
2
(N) ROOF DRAIN
(N
)
1
/
4
"
:
1
2
"
M
I
N
.
S
L
O
P
E
T
O
D
R
A
I
N
(E) SLOPE
(E) 4:12
(E) SLOPE
(E) 4:12
(E
)
S
L
O
P
E
(E
)
4
:
1
2
(E
)
S
L
O
P
E
(E
)
4
:
1
2
(E) ±37'-4"
T.O.R.
(E) AWNING BELOW
(E) AWNING BELOW
(E) AWNING BELOW(E) AWNING BELOW
(E
)
A
W
N
I
N
G
B
E
L
O
W
(E
)
A
W
N
I
N
G
B
E
L
O
W
(E
)
A
W
N
I
N
G
B
E
L
O
W
(N
)
1
/
4
"
:
1
2
"
M
I
N
.
S
L
O
P
E
T
O
D
R
A
I
N
(N) ROOF ACCESS
PANEL
(E
)
P
A
R
A
P
E
T
T
O
R
E
M
A
I
N
(E) PARAPET TO REMAIN
(E) PARAPET TO REMAIN
(E
)
P
A
R
A
P
E
T
T
O
R
E
M
A
I
N
12
6
PC 11-14-2023
126 of 241
A4.0
AS NOTED
EXISTING AND PROPOSED
EXTERIOR ELEVATIONS
- BASE BUILDING IMPROVEMENT -
NOT FOR
CONSTRUCTION
Dscheme Studio
Dream :: Design :: Develop
222 8TH STREET
SAN FRANCISCO, CA 94103
T: 415.252.0888
F: 415.252.8388
WWW.DSCHEME.COM
DRAWN BY:
CHECKED BY:
JOB NUMBER:
SCALE:
DATE:
SHEET NUMBER:
SHEET TITLE:
SHEET NUMBER:
SHEET TITLE:
07.01.2023
HJ
MD
08.30.23 PLANNING PROGRESS SET
STAMP
THIS DRAWING IS ISSUED FOR REFERENCE PURPOSES ONLY,
AND NOT FOR CONSTRUCTION. THIS DRAWING IS CURRENTLY
UNDER DEVELOPMENT, AND IS BEING ISSUED TO THE
CONTRACTOR AT THIS TIME IN ACCORDANCE WITH THE
OWNER'S REQUEST. THE INFORMATION CONTAINED IN THIS
DRAWING IS INTENDED TO SUPPLEMENT THE OTHER
DOCUMENTS CURRENTLY BEING ISSUED FOR CONSTRUCTION.
THIS INFORMATION REPRESENTS THE CURRENT STAGE OF
DEVELOPMENT OF THIS AREA, IS SUBJECT TO CHANGE BASED
ON OWNER AND OPERATOR INPUT AND DEVELOPMENT OF THE
DOCUMENTS, AND REQUIRES COORDINATION WITH THE OTHER
DOCUMENTS. USE OF THESE DOCUMENTS AT THIS STAGE OF
DEVELOPMENT IS AT THE SOLE RISK OF THE RECIPIENT.
APN.: 316-20-112
STEVENS CREEK BLVD.
19349
CUPERTINO, CA 95014
MAIN STREET
CUPERTINO
1 EXISTING EXTERIOR ELEVATION - SOUTH
1/8" = 1'-0"
2 EXISITNG EXTEIROR ELEVATION - WEST
1/8" = 1'-0"
3 EXISTING EXTERIOR ELEVATION - NORTH
1/8" = 1'-0"
4 EXISTING EXTERIOR ELEVATION - EAST
1/8" = 1'-0"
5 PROPOSED EXTERIOR ELEVATION - SOUTH
1/8" = 1'-0"
6 PROPOSED EXTEIROR ELEVATION - WEST
1/8" = 1'-0"
7 PROPOSED EXTERIOR ELEVATION - NORTH
1/8" = 1'-0"
8 PROPOSED EXTERIOR ELEVATION - EAST
1/8" = 1'-0"
(E) +0'-0"
(E) FINISHED FLOOR
(E) +17'-4"
T.O. (E)ROOF
(E) +28'-0"
T.O. (E) PARAPET
(E) +37'-4"
T.O. (E) RIDGE
(E) +0'-0"
(E) FINISHED FLOOR
(E) +20'-6"
T.O. (E)ROOF
(E) +28'-0"
T.O. (E) PARAPET
(E) +37'-4"
T.O. (E) RIDGE
(E) +0'-0"
(E) FINISHED FLOOR
(E) +17'-4"
T.O. (E)ROOF
(E) +28'-0"
T.O. (E) PARAPET
(E) +37'-4"
T.O. (E) RIDGE
(E) +0'-0"
(E) FINISHED FLOOR
(E) +20'-6"
T.O. (E)ROOF
(E) +28'-0"
T.O. (E) PARAPET
(E) +37'-4"
T.O. (E) RIDGE
2'
-
8
"
5'
-
4
"
12'-1"
2'
-
8
"
5'
-
4
"
12'-1"19'-6"
7'
-
0
"
19'-6"
7'
-
0
"
2'
-
8
"
5'
-
4
"
17'-9"
2'
-
8
"
5'
-
4
"
17'-9"
2'
-
8
"
5'
-
4
"
17'-9"
2'
-
8
"
5'
-
4
"
24'-0"
2'
-
8
"
5'
-
4
"
11'-6"
(E) WIND.(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
REMOVE PARTIAL (E) EXTERIOR
WALL TO RECEIVE (N) WIND.
REMOVE PARTIAL (E) EXTERIOR
WALL TO RECEIVE (N) WIND.
(E) METAL AWNING
TO REMAIN
(E
)
±
1
2
'
-
0
"
(E
)
±
8
'
-
0
"
REMOVE PARTIAL
(E) EXTERIOR
WALL TO RECEIVE
(N) WIND.
(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.
(E) WIND.(E) WIND.
(E
)
±
1
2
'
-
0
"
(E) METAL AWNING
TO REMAIN
(E) METAL AWNING
TO REMAIN
(E) WIND.(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.
(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.(E) WIND.
(E) WIND.
(E) WIND. (E) WIND.
(E) METAL AWNING
TO REMAIN
(E
)
±
8
'
-
0
"
(E
)
±
1
2
'
-
0
"
(E) METAL AWNING
TO REMAIN
(E
)
±
1
2
'
-
0
"
REMOVE PARTIAL
(E) EXTERIOR
WALL TO RECEIVE
(N) WIND.
REMOVE PARTIAL
(E) EXTERIOR
WALL TO RECEIVE
(N) WIND.
REMOVE PARTIAL (E) EXTERIOR
WALL TO RECEIVE (N) WIND.
REMOVE PARTIAL (E) EXTERIOR
WALL TO RECEIVE (N) WIND.
REMOVE PARTIAL (E) EXTERIOR
WALL TO RECEIVE (N) WIND.
REMOVE PARTIAL (E) EXTERIOR
WALL TO RECEIVE (N) WIND.
(E) METAL AWNING
TO REMAIN
(E) METAL AWNING
TO REMAIN
(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(E) +0'-0"
(E) FINISHED FLOOR
(N) +12'-8"
(N) 2ND FIN. FLR.
(E) +28'-0"
T.O. (E) PARAPET
(E) +37'-4"
T.O. (E) RIDGE
(E) +0'-0"
(E) FINISHED FLOOR
(E) +28'-0"
T.O. (E) PARAPET
(E) +37'-4"
T.O. (E) RIDGE
(E) +0'-0"
(E) FINISHED FLOOR
(E) +28'-0"
T.O. (E) PARAPET
(E) +37'-4"
T.O. (E) RIDGE
(E) +0'-0"
(E) FINISHED FLOOR
(E) +28'-0"
T.O. (E) PARAPET
(E) +37'-4"
T.O. (E) RIDGE
2'
-
8
"
5'
-
4
"
12'-1"
2'
-
8
"
5'
-
4
"
12'-1"19'-6"
7'
-
0
"
19'-6"
7'
-
0
"
2'
-
8
"
5'
-
4
"
17'-9"
2'
-
8
"
5'
-
4
"
17'-9"
2'
-
8
"
5'
-
4
"
17'-9"
2'
-
8
"
5'
-
4
"
24'-0"
2'
-
8
"
5'
-
4
"
11'-6"
(E) WIND.(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(E) METAL AWNING
TO REMAIN
(E
)
±
1
2
'
-
0
"
(E
)
±
8
'
-
0
"
(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.
(E) WIND.(E) WIND.
(E) METAL AWNING
TO REMAIN
(E) METAL AWNING
TO REMAIN
(E) WIND.(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.
(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.(E) WIND.
(E) WIND.
(E) WIND. (E) WIND.
(E) METAL AWNING
TO REMAIN
(E
)
±
8
'
-
0
"
(E
)
±
1
2
'
-
0
"
(E
)
±
1
2
'
-
0
"
(E) METAL AWNING
TO REMAIN
(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(E) WIND.(E) WIND.
(E) WIND.(E) WIND.(E) WIND.
(N) +25'-4"
T.O. (N) ROOF
(N) WIND.(N) WIND.
(N) +12'-8"
(N) 2ND FIN. FLR.
(N) +25'-4"
T.O. (N) ROOF
(N) +12'-8"
(N) 2ND FIN. FLR.
(N) +25'-4"
T.O. (N) ROOF
(E) METAL AWNING
TO REMAIN
(N) WIND.(N) WIND.(N) WIND.(N) WIND.
(N) WIND. (N) WIND.(N) WIND. (N) WIND.
(N) +12'-8"
(N) 2ND FIN. FLR.
(N) +25'-4"
T.O. (N) ROOF
(N) WIND.(N) WIND.(N) WIND.(N) WIND. (N) WIND. (N) WIND.
(N) WIND. (N) WIND. (N) WIND.
(N) WIND. (N) WIND. (N) WIND.(N) WIND. (N) WIND. (N) WIND. (N) WIND.
OPAQUE OPAQUE OPAQUE OPAQUE OPAQUE OPAQUE
OPAQUEOPAQUEOPAQUEOPAQUEOPAQUEOPAQUEOPAQUEOPAQUEOPAQUEOPAQUEOPAQUEOPAQUEOPAQUE
PROVIDE OPAQUE GLASS
OR SPECIAL GLASS TREATMENTS
TO MEET BIRD-SAFETY
REQUIREMENTS
PROVIDE OPAQUE GLASS
OR SPECIAL GLASS TREATMENTS
TO MEET BIRD-SAFETY
REQUIREMENTS
PROVIDE OPAQUE GLASS
OR SPECIAL GLASS TREATMENTS
TO MEET BIRD-SAFETY
REQUIREMENTS
PROVIDE OPAQUE GLASS
OR SPECIAL GLASS TREATMENTS
TO MEET BIRD-SAFETY
REQUIREMENTS
(E) PAINTED
STUCCO
(E) EXTERIOR
WOOD CLADDING
(E) EXTERIOR
STONE TILE
(E) PAINTED
STUCCO
(E) EXTERIOR
WOOD CLADDING
(E) EXTERIOR
STONE TILE
(E) EXTERIOR
STONE TILE
(E) EXTERIOR
WOOD CLADDING
(E) EXTERIOR
STONE TILE
(E) EXTERIOR
WOOD CLADDING
(E) PAINTED
STUCCO
(E) EXTERIOR
STONE TILE
(E) PAINTED
STUCCO
(E) EXTERIOR
STONE TILE
(E) PAINTED
STUCCO
(E) EXTERIOR
STONE TILE
(E) PAINTED
STUCCO
(E) EXTERIOR
STONE TILE
12
7
PC 11-14-2023
127 of 241
A4.1
AS NOTED
EXISTING AND PROPOSED
BUILDING SECTIONS
- BASE BUILDING IMPROVEMENT -
NOT FOR
CONSTRUCTION
Dscheme Studio
Dream :: Design :: Develop
222 8TH STREET
SAN FRANCISCO, CA 94103
T: 415.252.0888
F: 415.252.8388
WWW.DSCHEME.COM
DRAWN BY:
CHECKED BY:
JOB NUMBER:
SCALE:
DATE:
SHEET NUMBER:
SHEET TITLE:
SHEET NUMBER:
SHEET TITLE:
07.01.2023
HJ
MD
08.30.23 PLANNING PROGRESS SET
STAMP
THIS DRAWING IS ISSUED FOR REFERENCE PURPOSES ONLY,
AND NOT FOR CONSTRUCTION. THIS DRAWING IS CURRENTLY
UNDER DEVELOPMENT, AND IS BEING ISSUED TO THE
CONTRACTOR AT THIS TIME IN ACCORDANCE WITH THE
OWNER'S REQUEST. THE INFORMATION CONTAINED IN THIS
DRAWING IS INTENDED TO SUPPLEMENT THE OTHER
DOCUMENTS CURRENTLY BEING ISSUED FOR CONSTRUCTION.
THIS INFORMATION REPRESENTS THE CURRENT STAGE OF
DEVELOPMENT OF THIS AREA, IS SUBJECT TO CHANGE BASED
ON OWNER AND OPERATOR INPUT AND DEVELOPMENT OF THE
DOCUMENTS, AND REQUIRES COORDINATION WITH THE OTHER
DOCUMENTS. USE OF THESE DOCUMENTS AT THIS STAGE OF
DEVELOPMENT IS AT THE SOLE RISK OF THE RECIPIENT.
APN.: 316-20-112
STEVENS CREEK BLVD.
19349
CUPERTINO, CA 95014
MAIN STREET
CUPERTINO
1 EXISTING BUILDING SECTION
1/8" = 1'-0"
(E) +0'-0"
(E) FINISHED FLOOR
(N) +13'-11"
(N) 2ND FIN. FLR.
(E) +28'-0"
T.O. (E) PARAPET
(E) +37'-4"
T.O. (E) RIDGE
(N) +25'-4"
T.O. (N) ROOF
2 PROPOSED BUILDING SECTION
1/8" = 1'-0"
(E) +0'-0"
(E) FINISHED FLOOR
(E) +20'-6"
T.O. (E)ROOF
(E) +28'-0"
T.O. (E) PARAPET
(E) +37'-4"
T.O. (E) RIDGE
(E) +17'-4"
T.O. (E)ROOF
(E) ROOF AND STRUCTURAL FRAME TO BE REMOVED.
(E) ±36'-9"
45
°
±3
6
'
-
9
"
45
'
-
0
"
45'-0" HEIGHT LIMIT PER PLANNING CODE
45
'
-
0
"
H
E
I
G
H
T
L
I
M
I
T
P
E
R
P
L
A
N
N
I
N
G
C
O
D
E
1/4":12" MIN. SLOPE TO DRAIN1/4":12" MIN. SLOPE TO DRAIN
SE
T
B
A
C
K
R
E
Q
U
I
R
E
M
E
N
T
S
P
E
R
P
L
A
N
N
I
N
G
C
O
D
E
(E) SIDEWALK
STEVENS CREEK BLVD.
(E) ±36'-9"
(E) SIDEWALK
STEVENS CREEK BLVD.
12
'
-
8
"
12
'
-
8
"
10
'
-
9
"
12
'
-
3
"
10
'
-
9
"
12
'
-
3
"
12
8
PC 11-14-2023
128 of 241
A8.0
AS NOTED
PROPOSED 3D IMAGES
- BASE BUILDING IMPROVEMENT -
NOT FOR
CONSTRUCTION
Dscheme Studio
Dream :: Design :: Develop
222 8TH STREET
SAN FRANCISCO, CA 94103
T: 415.252.0888
F: 415.252.8388
WWW.DSCHEME.COM
DRAWN BY:
CHECKED BY:
JOB NUMBER:
SCALE:
DATE:
SHEET NUMBER:
SHEET TITLE:
SHEET NUMBER:
SHEET TITLE:
07.01.2023
HJ
MD
08.30.23 PLANNING PROGRESS SET
STAMP
THIS DRAWING IS ISSUED FOR REFERENCE PURPOSES ONLY,
AND NOT FOR CONSTRUCTION. THIS DRAWING IS CURRENTLY
UNDER DEVELOPMENT, AND IS BEING ISSUED TO THE
CONTRACTOR AT THIS TIME IN ACCORDANCE WITH THE
OWNER'S REQUEST. THE INFORMATION CONTAINED IN THIS
DRAWING IS INTENDED TO SUPPLEMENT THE OTHER
DOCUMENTS CURRENTLY BEING ISSUED FOR CONSTRUCTION.
THIS INFORMATION REPRESENTS THE CURRENT STAGE OF
DEVELOPMENT OF THIS AREA, IS SUBJECT TO CHANGE BASED
ON OWNER AND OPERATOR INPUT AND DEVELOPMENT OF THE
DOCUMENTS, AND REQUIRES COORDINATION WITH THE OTHER
DOCUMENTS. USE OF THESE DOCUMENTS AT THIS STAGE OF
DEVELOPMENT IS AT THE SOLE RISK OF THE RECIPIENT.
APN.: 316-20-112
STEVENS CREEK BLVD.
19349
CUPERTINO, CA 95014
MAIN STREET
CUPERTINO
PROPOSED 3D IMAGES AT SOUTH ELEVATION AT STEVENS CREEK BLVD.PROPOSED 3D IMAGES AT EAST ELEVATION
PROPOSED 3D IMAGES AT NORTH ELEVATION PROPOSED 3D IMAGES AT WEST ELEVATION
12
9
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Third Addendum
to the Final Environmental Impact Report
for the Main Street Cupertino Project (SCH# 2008082058)
Main Street Cupertino
Retail Modification
File Nos. M-2022-003; ASA-2023-009
Prepared by the
City of Cupertino
November 2023
156
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156 of 241
TABLE OF CONTENTS
Page
Section 1.0 Introduction and Purpose .......................................................................................... 1
Section 2.0 Summary of Approved project and Previous Environmental Review ...................... 3
Section 3.0 Changes to the Project Description ........................................................................... 5
Section 4.0 Discussion of Environmental Impacts ...................................................................... 8
Section 5.0 Conclusion .............................................................................................................. 18
Section 6.0 References ............................................................................................................... 19
Figures
Figure 1: Existing Site Plan ................................................................................................................... 6
Figure 2: Existing and Proposed Exterior Elevations ............................................................................ 7
Tables
Table 1: Comparison of Project Schemes .............................................................................................. 4
Table 2: Summary of Construction Emissions .................................................................................... 10
Table 3: Summary of Operational Emissions ...................................................................................... 11
Table 4: Summary of Project Trip Generation ..................................................................................... 15
157
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City of Cupertino 1 Administrative Draft Third Addendum
Main Street Cupertino Modifications November 2023
SECTION 1.0 INTRODUCTION AND PURPOSE
This document is an Addendum to the Final Environmental Impact Report for the Main Street
Cupertino project (SCH# 2008082058) (Final EIR), which was certified in 2009, and updated with an
adopted Addendum dated May 15, 2012 and an adopted Second Addendum dated August 2012. The
purpose of this Third Addendum is to disclose the environmental impacts of proposed modification
to the Main Street Cupertino project.
The CEQA Guidelines Section 15162 states that when an EIR has been certified or a Negative
Declaration adopted for a project, no subsequent EIR or Negative Declaration shall be prepared for
that project unless the Lead Agency determined, on the basis of substantial evidence in light of the
whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the
previous EIR or Negative Declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR or Negative
Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EIR was
certified as complete or the Negative Declaration was adopted, shows any of the
following:
(A) The project will have one or more significant effects not discussed in the previous
EIR or Negative Declaration;
(B) Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible and would substantially reduce one or more significant effects of
the project, but the project proponents decline to adopt the mitigation measure or
alternative; or
(D) Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant
effects on the environment, but the project proponents decline to adopt the
mitigation measure or alternative.
CEQA Guidelines Section 15164 states that the Lead Agency or a Responsible Agency shall prepare
an addendum to a previously certified EIR if some changes or additions are necessary, but none of
the conditions described in 15162 (see above) calling for preparation of a subsequent EIR or
Negative Declaration have occurred.
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Based on the proposed project modification, knowledge of the project site and surrounding area, and
the following discussion and analysis, the project modification would not result in a new or
substantially more severe significant impact than previously disclosed in the 2009 Final EIR and
subsequently adopted Addenda. Therefore, the standard for subsequent environmental review has not
been met and an Addendum has been prepared consistent with CEQA Guidelines Section 15164.
This Addendum, which is to be considered together with the 2009 Final EIR and subsequent 2012
Addenda prepared for the project, will not be formally circulated for public review, but will be
attached to the 2009 Final EIR, pursuant to CEQA Guidelines Section 15164(c).
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SECTION 2.0 SUMMARY OF APPROVED PROJECT AND PREVIOUS
ENVIRONMENTAL REVIEW
The Main Street Cupertino project consists of a mix of commercial, hotel, office, residential, and
town square/park uses. The 18.7-acre project site is located at the northwest quadrant of Stevens
Creek Boulevard and Tantau Avenue in the City of Cupertino. The project site is bounded by Stevens
Creek Boulevard to the south, Tantau Avenue to the east, Vallco Parkway to the north, and
residences and retail commercial uses to the west.
The project was approved on September 4, 2012. The environmental review for the approved project
consists of the following documents:
1. Certified 2009 Final EIR
2. Adopted May 4, 2012 Addendum to the Final EIR (2012 Addendum)
3. Adopted August 2012 Second Addendum to the Final EIR (2012 Second Addendum)
The certified 2009 Final EIR, 2012 Addendum, and 2012 Second Addendum analyzed the
environmental effects of a range of mixed use schemes for the project site.
The certified 2009 Final EIR evaluated two development schemes (Schemes 1 and 2) and the 2012
Addenda evaluated additional schemes (as well as scheme variants). The 2012 Addenda found the
additional schemes (and scheme variants) do not result in new significant impacts, or substantially
greater significant impacts, than those evaluated in the 2009 Final EIR. The project schemes
analyzed in the 2009 Final EIR and subsequently adopted 2012 Addenda are summarized in Table 1
below.
The approved project has been constructed and is in operation.
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Table 1: Comparison of Project Schemes
Scheme
General Commercial
Office
(square feet)
Residential
(units)
Hotel
(rooms)
Open Space
with Public
Easement
(acres)
Retail
(square feet)
Athletic Club or
Additional Retail
(square feet)
2009 Final EIR
1. 150,000 145,000 100,000 160 Senior 150 1.63
2. 146,500 --- 205,000 160 Senior 250 1.63
May 2012 Addendum
1. 78,700 60,000 292,000 143 Senior OR
120 Market Rate Apartments 180 1.55
2. 92,200 --- 292,000 143 Senior AND
105 Market-Rate Apartments 180 1.55
August 2012 Addendum and Approved Project
130,500 --- 260,000 120 Market-Rate Apartments 180 1.55
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SECTION 3.0 CHANGES TO THE PROJECT DESCRIPTION
The project applicant is now proposing to modify the approved (and constructed and operating)
project to add a second floor to the existing, one-story commercial building (“Shop 1”) located at
19349 Stevens Creek Boulevard and currently occupied by TD Ameritrade (see to Figure 1 for the
existing site plan).
The addition of a second floor would result in a net increase of 5,585 square feet of retail space but
would not result in an increase in building height. The existing building is 37 feet and four inches
tall. After construction of the second floor (which includes removal of the existing roof, interior
construction, and construction of a new roof), the height of the building would remain 37 feet and
four inches tall. The building footprint would remain the same. It is estimated that the project
modification would take six months to construct. The existing and proposed elevations of Shop 1 are
shown on Figure 2.
No other changes to the project are proposed.
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Figure 1: Existing Site Plan
Source: Dscheme Studio, July 1, 2023
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Figure 2: Existing and Proposed Exterior Elevations
Source: Dscheme Studio, July 1, 2023
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SECTION 4.0 DISCUSSION OF ENVIRONMENTAL IMPACTS
In accordance with CEQA Guidelines Section 15162 and 15164, this Third Addendum tiers from the
certified 2009 Final EIR (which has been updated by the subsequent 2012 Addenda). This Third
Addendum evaluates the extent to which the impacts of the currently proposed project modifications
are the same or different than those addressed in the previous 2009 Final EIR and 2012 Addenda, and
whether a new significant environmental effect or a substantial increase in the severity of previously
identified significant effects would occur.
4.1 ENVIRONMENTAL IMPACTS ADEQUATELY ADDRESSED IN PREVIOUS
ENVIRONMENTAL REVIEW
The project modification would result in no changes to the impacts disclosed for the approved project
for the below listed environmental factors because: a) the project site boundaries have not changed,
b) on-site and surrounding environmental conditions (e.g., agricultural and forestry resources,
biological resources, cultural resources, geology and soils, hazards and hazardous materials,
hydrology and water quality, mineral resources, wildfire) have not changed, c) no new ground
disturbance would occur, d) the proposed land uses have not changed, e) no new residential uses are
proposed, and f) existing housing would not be removed/demolished as a result of the project
modifications.
• Agriculture and Forestry Resources
• Biological Resources
• Cultural Resources (including Tribal Cultural Resources)
• Geology and Soils
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Population and Housing
• Public Services
• Recreation
• Wildfire
While the project modification would result in façade changes to Shop 1 (where the modifications are
proposed), the project modification would result in the same less than significant impact on aesthetics
as the approved project because the building footprint and maximum building height for Shop 1
would remain the same. Like the approved project, the project modification would be subject to the
City’s Design Review (Architectural and Site Approval) process to ensure consistency with the
City’s design standards and be required to direct outdoor lighting downwards to prevent spillover
lighting. For these reasons, the project modification would result in the same aesthetic impacts to
scenic vistas, state scenic highways, visual character and quality, and light and glare as the approved
project.
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4.2 IMPACTS ANALYSIS OF PROJECT MODIFICATION
The project modification would result in the addition of 5,585 more square feet of retail on-site
compared to the approved project. Impacts from the project modification would not be the same as
the approved project because the additional retail square footage could result in additional impacts to
the following environmental factors:
• Air Quality
• Energy
• Greenhouse Gas Emissions
• Noise and Vibration
• Transportation
• Utilities and Service Systems
The impacts of the project modifications to these environmental factors are discussed below.
4.2.1 Air Quality Impacts
Except for the project being constructed and occupied, no substantial changes have occurred with
respect to the existing setting for air quality since the certification of the 2009 Final EIR and adoption
of the subsequent 2012 Addenda. Per the 2015 California Building Industry Association v. Bay Area
Air Quality Management District, 62 Cal. 4th 369 (BIA v. BAAQMD), effects of the environment on
the project are not considered CEQA impacts. For this reason, the air quality effects on the project
modification are not discussed below. Also, note that since the certification of the 2009 Final EIR
and adoption of the subsequent 2012 Addenda, the Clean Air Plan and BAAQMD CEQA Air Quality
Guidelines have been updated. However, for purposes of CEQA Guidelines Section 15162, updates
to the regulatory framework are not considered a substantial change in circumstances under which a
project would occur since regulatory changes do not constitute a change in the real world that would
materially change the impacts a project would have.
Consistency with the Clean Air Plan
The 2019 Final EIR and subsequent 2012 Addenda concluded the project was consistent with the
Clean Air Plan (in place at that time) by having adequate pedestrian, bicycle, and transit facilities
serving the project site, implementing pedestrian and bicycle improvements, providing bicycle
parking, providing a mix of uses, limiting construction equipment idling, and planting new trees.1
The project modification would not affect existing or planned bicycle and pedestrian facilities,
including the bicycle and pedestrian improvements provided as part of the approved project. The
additional retail square footage is consistent with the existing mix of uses provided on-site. The
project modification would implement the same construction best management practices as the
1 Sources: 1) City of Cupertino. Draft Focuses Environmental Impact Report for the Main Street Cupertino Project.
SCH# 2008/082058. October 2008. Pages 80-81. 2) City of Cupertino. Addendum to the Final Environmental
Impact Report for the Main Street Cupertino Project. SCH# 2008082058. March 22, 2012, updated May 4, 2012.
Pages 23-24. 3) City of Cupertino. Second Addendum to the Final Environmental Impact Report for the Main Street
Cupertino Project. SCH# 2008082058. August 2012. Pages 9-10.
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approved project to limit idling of construction equipment (see mitigation measure MM AIR – 5.2 on
page 27 of the May 2012 Addendum). Also, the project modification would not change or impact the
trees planted as part of the project. For these reasons, the project modification would result in the
same consistency with the Clean Air Plan as the approved project. (No New Impact)
Criteria Air Pollutant Emissions
As disclosed in the previous environmental review documents, the Bay Area continues to be in
nonattainment for ground level ozone (whose precursors are Reactive Organic Gases [ROG] and
nitrogen oxides [NOx]), PM2.5, and PM10 under the state and/or federal ambient air quality standards.
Construction-Related Criteria Air Pollutant Emissions
A summary of the estimated construction emissions for the project disclosed in the 2009 Final EIR
and subsequent 2012 Addenda are provided below in Table 2. The project’s construction emissions
were well below the BAAQMD thresholds of significance. The 2009 Final EIR and subsequent 2012
Addenda concluded that the project would not result in significant construction criteria air pollutants
and would implement standard best management practices identified in mitigation measures MM
AIR – 5.1 and MM AIR – 5.2 on page 27 of the May 2012 Addendum.2
Table 2: Summary of Construction Emissions
ROG NOx PM10 PM2.5
Average Daily Emissions in pounds per day
2009 Final EIR and
subsequent 2012 Addenda
(range of emission from
project schemes evaluated)
19.0-26.4 31.6-38.1 1.7-1.8 1.5-1.7
BAAQMD Thresholds of
Significance 54 54 82 54
The construction emissions of the project modification would be minor given the scope of the
proposed modification (i.e., additional 5,585 square feet of retail, which equates to about four percent
of the approved project’s retail square footage) and most of the construction work – site grading,
preparation, building construction – has already been completed. For these reasons and the fact that
the approved project was estimated to result in emissions well below the BAAQMD thresholds of
significance, the project modification’s incremental increase to the construction emissions disclosed
in the 2009 Final EIR and subsequent 2012 Addenda would not exceed the BAAQMD thresholds of
significance. In addition, the project modifications would implement the same best management
practices and mitigation measures (MM AIR – 5.1 and MM AIR – 5.2) as the approved project to
reduce construction criteria air pollutant emissions.
2 Sources: 1) City of Cupertino. Draft Focuses Environmental Impact Report for the Main Street Cupertino Project.
SCH# 2008/082058. October 2008. Pages 83-87. 2) City of Cupertino. Addendum to the Final Environmental
Impact Report for the Main Street Cupertino Project. SCH# 2008082058. March 22, 2012, updated May 4, 2012.
Pages 26-27. 3) City of Cupertino. Second Addendum to the Final Environmental Impact Report for the Main Street
Cupertino Project. SCH# 2008082058. August 2012. Pages 9-10.
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Based on this discussion, the project modifications would not result in a new or substantial increase
in the severity of significant construction-related criteria air pollutant emissions impacts than
disclosed in the certified 2009 Final EIR and subsequent 2012 Addenda. (No New Impact)
Operational Criteria Air Pollutant Emissions
The 2009 Final EIR identified a significant and unavoidable impact related to operational criteria air
pollutant emissions. A summary of the estimated operational criteria air pollutant emissions for the
project evaluated and disclosed in the 2009 Final EIR and subsequent 2012 Addenda are provided
below in Table 3.
Table 3: Summary of Operational Emissions
ROG NOx PM10 PM2.5
average daily emissions in pounds per day
2009 Final EIR and
subsequent 2012 Addenda
(range of emission from
project schemes evaluated)
61.4-72.7 57.0-73.5 62.2-84.5 13.0-17.6
BAAQMD Thresholds of
Significance 54 54 82 54
The greatest sources of operational NOx and PM10 emissions are vehicle trips. The approved project,
which was specifically evaluated in the August 2012 Second Addendum, was estimated to generate
11,972 average daily trips. The 2009 Final EIR evaluated a project scheme that generated up to
13,751 average daily trips. The project modifications would result in an additional 184 average daily
trips.3 With the addition of these trips, the approved project with project modifications would
generate an estimated 12,156 average daily trips – which is within the trips evaluated in the certified
2009 Final EIR. For this reason, the project modification would not result in a new or substantial
increase in the severity of the previously disclosed significant operational NOx and PM10 emissions
impact.
The greatest sources of operational ROG emissions are architectural coatings and consumer product
use. Because the project modifications are to an existing building, the operational ROG emissions
from architectural coatings and consumer product use would incrementally increase but be similar to
what was disclosed in the 2009 Final EIR and subsequent 2012 Addenda. In addition, the project
modifications would comply with the same mitigation measure as the project (i.e., MM AIR – 2.13
on page 25 of the May Addendum) to use low VOC architectural coatings.
Based on the above discussion, the project modifications would not result a new or substantial
increase in the severity of a significant operational criteria air pollutant emissions impact than
disclosed in the certified 2009 Final EIR and subsequent 2012 Addenda. (No New Impact)
3 Fehr & Peers. Main Street Cupertino Project Estimated Trip Generation – Additional 5,585 square feet of TD
Ameritrade Bank. October 27, 2023.
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Community Health Risk
The 2009 Final EIR and subsequent 2012 Addenda concluded that the construction of the project
would not result in significant community health risks because the project site was generally not
adjacent to existing sensitive receptors, construction would not occur over a long period of time, the
calculated health risk (i.e., increased cancer risk of up to 6.43 per million) was below the threshold of
significance (10.0 per million), and the project would implement mitigation measure MM AIR – 5.2
on page 86 of the Draft EIR to minimize construction equipment exhaust.4
Because the approved project is already constructed (including Shop 1), the project modifications
would result in a short construction period (i.e., six months). In addition, there are no new cumulative
projects in the area whose construction would overlap with the construction of the project
modification and the project modifications would implement the same mitigation measure (MM AIR
– 5.2) as the project to reduce construction equipment exhaust. For these reasons, the project
modification would not result a new or substantial increase in the severity of a significant health risk
impact than disclosed in the certified 2009 Final EIR and subsequent 2012 Addenda. (No New
Impact)
Odors
The certified 2009 Final EIR and subsequently adopted 2012 Addenda concluded that the project
would not result in significant construction-related odors because construction would be temporary
and not be noticeable for extended periods of time beyond the project site boundaries.5
Like the project, the construction of the project modification would result in temporary odors related
to operation of construction equipment and would occur within the same site boundary as the project
evaluated in the certified 2009 Final EIR and subsequent 2012 Addenda.
Based on the above discussion, the project modification would not result in a new or substantial
increase in the severity of odor impacts than disclosed in the certified 2009 Final EIR and subsequent
2012 Addenda. (No New Impact)
4.2.1 Energy Impacts
Except for the project being constructed and occupied, no substantial changes have occurred with
respect to the existing energy setting since the certification of the 2009 Final EIR and adoption of the
subsequent 2012 Addenda. The certified 2009 Final EIR disclosed that the project would consume
energy during the construction and operational phases and concluded that the project would not have
significant energy impacts given its conformance with City strategies and policies to reduce the use
4 Sources: 1) City of Cupertino. Draft Focused Environmental Impact Report for the Main Street Cupertino Project.
SCH# 2008082058. October 2008. Pages 84-87. 2) City of Cupertino. Addendum to the Final Environmental Impact
Report for the Main Street Cupertino Project. SCH# 2008082058. March 22, 2012, updated May 4, 2012. Page 28.
3) City of Cupertino. Second Addendum to the Final Environmental Impact Report for the Main Street Cupertino
Project. SCH# 2008082058. August 2012. Pages 9-10.
5 City of Cupertino. Draft Focused Environmental Impact Report for the Main Street Cupertino Project. SCH#
2008082058. October 2008. Page 84.
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of nonrenewable energy resources in transportation, building, and urban services (utilities) by
achieving LEED certification and incorporating sustainable landscape design and green building
principles.6
The project modification would comply with all regulations pertaining to energy efficiency including
Title 24 and California Green Building Standards. The project modification would not change or
adversely affect the LEED certification, sustainable landscape design, or green building principles of
the project.
Based on this discussion, the project modification would not result in a new or substantial increase in
the severity of significant energy impacts than disclosed in the certified 2009 Final EIR and
subsequently adopted 2012 Addenda. (No New Impact)
4.2.3 Greenhouse Gas Emissions
Except for the project being constructed and occupied, no substantial changes have occurred with
respect to the existing setting for GHG emissions or climate change since the certification of the
2009 Final EIR and adoption of the subsequent 2012 Addenda. Note that since the certification of the
2009 Final EIR and adoption of the subsequent 2012 Addenda, additional regulations have been
adopted to establish additional GHG emissions reductions targets (including Senate Bill [SB] 32 and
SB 375) and the BAAQMD CEQA Air Quality Guidelines have been updated to identify revised
GHG thresholds of significance. However, for purposes of CEQA Guidelines Section 15162, updates
to the regulatory framework are not considered a substantial change in circumstances under which a
project would occur since regulatory changes do not constitute a change in the real world that would
materially change the impacts a project would have.
The certified Final EIR and subsequently adopted 2012 Addenda concluded that the project would
not result in significant GHG impacts and would not impede the state from achieving its emissions
reduction target because it was located within an urban area served by existing infrastructure and
included measures to reduce energy use.7 The May 2012 Addendum disclosed that the project
schemes would result in 12,925 to 15,668 tons of GHG emissions annually.8
The primary source of operational GHG emissions is vehicle trips to and from the project site. As
discussed above in Section 4.2.1 Air Quality Impacts and later in Section 4.2.5 Transportation, the
project modifications would not result in a greater amount of average daily trips than analyzed and
disclosed in the certified 2009 Final EIR. Like the project, the project modification is located within
an urban area served by existing infrastructure and would not interfere with the project’s energy
6 City of Cupertino. Draft Focused Environmental Impact Report for the Main Street Cupertino Project. SCH#
2008082058. October 2008. Pages 27 and 137.
7 Sources: 1) City of Cupertino. Draft Focused Environmental Impact Report for the Main Street Cupertino Project.
SCH# 2008082058. October 2008. Appendix A, Initial Study for the Main Street Cupertino Project, page 105-108.
2) City of Cupertino. Addendum to the Final Environmental Impact Report for the Main Street Cupertino Project.
SCH# 2008082058. March 22, 2012, updated May 4, 2012. Pages 39-40. 3) City of Cupertino. Second Addendum to
the Final Environmental Impact Report for the Main Street Cupertino Project. SCH# 2008082058. August 2012.
Pages 9-10.
8 City of Cupertino. Addendum to the Final Environmental Impact Report for the Main Street Cupertino Project.
SCH# 2008082058. March 22, 2012, updated May 4, 2012. Page 40.
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reduction measures. For this reason, the project modifications would not result in a substantial
increase in significant GHG emissions impacts disclosed in the certified 2009 Final EIR and
subsequently adopted 2012 Addenda. (No New Impact)
4.2.4 Noise and Vibration
Except for the project being constructed and occupied, no substantial changes have occurred with
respect to the existing noise setting since the certification of the 2009 Final EIR and adoption of the
subsequent 2012 Addenda. Per the 2015 California Building Industry Association v. Bay Area Air
Quality Management District, 62 Cal. 4th 369 (BIA v. BAAQMD), effects of the environment on the
project are not considered CEQA impacts. For this reason, the noise effects on the project
modification are not discussed below.
Construction-Related Impacts
Construction-Related Noise Impacts
It is estimated that construction of the project modification would take six months to complete and
would not include the typical noisiest construction phases (i.e., site preparation and infrastructure
phases that require earth-moving equipment). In addition, there are no sensitive receptors located
adjacent to the location of the proposed modification and the project modifications would implement
the same mitigation measures (MM NOI – 2.1 through -2.11 on pages 82-83 of the Draft EIR) as the
project. For these reasons, the project modification would not result in a new or substantial increase
in the severity of significant construction-related noise impacts than disclosed in the certified 2009
Final EIR and subsequently adopted 2012 Addenda. (No New Impact)
Construction-Related Vibration Impacts
The 2009 Final EIR and subsequent 2012 Addenda disclosed that project construction activities
would generate perceptible vibration when heavy equipment and impact tools (e.g., jackhammers and
pile drivers) are used in the vicinity of adjacent land uses. The 2009 Final EIR and subsequent 2012
Addenda concluded that the project would not result in significant construction-related vibration
impacts due to the distance between the project site and existing residential and commercial uses
bordering the project site.9
The project modification would not require pile driving and the construction activities would be
located the same distance from adjacent land uses as disclosed in the 2009 Final EIR and subsequent
2012 Addenda. For this reason, the project modification would not result in a new or substantial
increase in the severity of significant construction-related vibration impacts than disclosed in the
certified 2009 Final EIR and subsequently adopted 2012 Addenda. (No New Impact)
9 Sources: 1) City of Cupertino. Draft Focused Environmental Impact Report for the Main Street Cupertino Project.
SCH# 2008082058. October 2008. Appendix A, Initial Study for the Main Street Cupertino Project, page 83. 2) City
of Cupertino. Addendum to the Final Environmental Impact Report for the Main Street Cupertino Project. SCH#
2008082058. March 22, 2012, updated May 4, 2012. Page 58. 3) City of Cupertino. Second Addendum to the Final
Environmental Impact Report for the Main Street Cupertino Project. SCH# 2008082058. August 2012.
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Operational Noise Impacts
The primary operational noise impact of the project disclosed in the certified 2009 Final EIR and
subsequently adopted 2012 Addenda is project-generated traffic noise. As discussed above under
3.2.1 Air Quality Impacts, while the additional retail square footage is estimated to generate 184
vehicle trips, the total trip generation of the approved project with the project modification is within
the number of vehicle trips evaluated in the 2009 Final EIR. For this reason, the project modification
would not result in a new or substantial increase in the severity of significant project-generated traffic
noise impacts than disclosed in the certified 2009 Final EIR. (No New Impact)
4.2.5 Transportation
Except for the project being constructed and occupied, no substantial changes have occurred with
respect to the existing setting for transportation since the certification of the 2009 Final EIR and
adoption of the subsequent 2012 Addenda. Pursuant to SB 743, which was adopted in 2013, level of
service (LOS) is no longer an impact under CEQA. Consistent with SB 743, the City adopted
Ordinance #21-2223 in February 2021 which replaced LOS with vehicle miles traveled (VMT) as the
CEQA metric for determining transportation impacts within the City.
The trip generation for the project schemes evaluated in the 2009 Final EIR and subsequent 2012
Addenda are summarized in Table 4, along with the estimated trip generation of the project
modification.
Table 4: Summary of Project Trip Generation
Scheme Average Daily
Trips
AM Peak Hour PM Peak Hour
In Out Total In Out Total
2009 Final EIR
1. 13,751 423 199 622 591 673 1,264
2. 10,692 450 133 583 408 628 1,036
May 2012 Addendum
1. 10,938 527 203 730 476 686 1,162
2. 9,821 501 171 672 389 623 1,012
August 2012 Addendum and Approved Project
11,972 492 190 682 564 692 1,256
Project Modification1
184 10 7 17 17 21 38
1 Fehr & Peers. Main Street Cupertino Project Estimated Trip Generation – Additional 5,585 square feet of TD Ameritrade
Bank. October 27, 2023.
The project modification would add 5,585 additional square feet of retail uses, which would generate
approximately 184 average daily trips. With these additional trips, the approved project with the
proposed project modification would generate an estimated 12,156 average daily trips – which is
within the trips evaluated in the certified 2009 Final EIR (see Table 4). The project with the proposed
project modification, however, would result in slightly more PM peak hour trips than previously
studied. The increase in PM peak hour trips is minimal and, pursuant to SB 743, LOS is no longer an
impact under CEQA. The LOS effects of construction traffic are also considered less than significant
pursuant to SB 743.
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The project modification would not result in changes to any existing roadway, bicycle, pedestrian, or
transit facilities. Also, the project site is located within a Transit Priority Area (TPA), as defined by
SB 743, and is considered an employment center project on an in-fill site.10 As a result, the parking
impacts of the project modification are not considered significant pursuant to SB 743. Pursuant to the
Cupertino Ordinance #21-2223 and Section 17.08.030 of the City’s Municipal Code, given that the
project site is within one-quarter mile of a High-Quality Transit Corridor or transit stop as defined by
CEQA, the project modification is assumed to have a less than significant VMT impact.
Given the minimal change in trip generation of the project modification compared to what was
evaluated in the certified 2009 Final EIR and subsequently adopted 2012 Addenda, it is assumed that
the project modification would result in similar neighborhood traffic as disclosed in the previously
completed environmental review.
Based on the above discussion, the project modification would not result in a new or substantial
increase in the severity of significant transportation impacts than disclosed in the certified 2009 Final
EIR and subsequently adoptedly 2012 Addenda. (No New Impact)
4.2.6 Utilities and Service Systems
Except for the project being constructed and occupied, no substantial changes have occurred with
respect to the existing utilities and service systems setting since the certification of the 2009 Final
EIR and adoption of the subsequent 2012 Addenda. The 2009 Final EIR and subsequent 2012
Addenda concluded that the project would not result significant impacts to water service and supply,
the storm drain system, the wastewater/sanitary sewer system, or solid waste facilities.11 No
mitigation was required.
Using the same water use generation rate in the Water Supply Assessment prepared for the project,
which was included as an appendix to the certified 2009 Final EIR, it is estimated that the additional
retail square footage would generate demand for about 2,234 gallons of water per day.12 This
increase is less than one percent (0.8 percent) of the increase in water demand evaluated for the
project in the certified 2009 Final EIR and subsequently adopted 2012 Addenda. This increase in
water demand (and corresponding increase in sewage treatment demand) is not substantial. In
addition, the project modification would not result in changes to the amount of pervious or
impervious surfaces on-site, nor would it affect the stormwater treatment facilities on-site.
10 Pursuant to SB 743, a “transit priority area” means an area within one-half mile of a major transit stop that is
existing or planned. A major transit stop is defined as a fixed route bus service with service intervals no longer than
15 minutes during peak commute hours. The bus stops served by VTA Frequent Route 23 on Stevens Creek
Boulevard to the east and west of the project site qualify as major transit stops. An “employment center project" is
defined as a project located on property zoned for commercial uses with a floor area ratio (FAR) of no less than
0.75. The current FAR of the project is 0.788, and the FAR would increase to 0.795 with the project modification.
11 Sources: 1) City of Cupertino. Draft Focused Environmental Impact Report for the Main Street Cupertino
Project. SCH# 2008082058. October 2008. Appendix A, Initial Study for the Main Street Cupertino Project, pages
100-102. 2) City of Cupertino. Addendum to the Final Environmental Impact Report for the Main Street Cupertino
Project. SCH# 2008082058. March 22, 2012, updated May 4, 2012. Pages 84-86. 3) City of Cupertino. Second
Addendum to the Final Environmental Impact Report for the Main Street Cupertino Project. SCH# 2008082058.
August 2012. Pages 9-10.
12 The Water Supply Assessment, which is included in Appendix A of the Draft EIR, assumed a water demand rate
of 120 gallons/day/employee and 300 square feet/employee.
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City of Cupertino 17 Administrative Draft Third Addendum
Main Street Cupertino Modifications November 2023
Using the same solid waste generation rate used in the 2009 Final EIR, the project modification
would generate an additional 33.5 pounds (or 0.02 tons) of solid waste per day. This increase
represents a 0.001 percent increase in the solid waste generation evaluated for the project in the
certified 2009 Final EIR and subsequently adopted 2012 Addenda. This increase in solid waste
generation is not substantial. In addition, like the project, the project modifications would comply
with all applicable solid waste regulations including Assembly Bill 341 for commercial recycling and
the City’s requirements for construction and demolition diversion.
Based on the above discussion, the project modifications would not result in a substantial increase in
the severity of significant impacts to utilities and service systems than disclosed in the certified 2009
Final EIR and subsequent 2012 Addenda. (No New Impact)
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City of Cupertino 18 Administrative Draft Third Addendum
Main Street Cupertino Modifications November 2023
SECTION 5.0 CONCLUSION
Based on the analysis and discussion about the project modification in this document, no substantive
revisions are needed to the certified 2009 Final EIR and subsequently adopted 2012 Addenda
because none of the criteria listed in CEQA Guidelines Section 15162 have occurred. Specifically,
based on the analysis included in this document:
• The project modification would make no substantial changes to the project that would require
major revisions of the 2009 Final EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects;
• There are no substantial changes with respect to the circumstances under which the project
modification would be undertaken that would require major revisions to the 2009 Final EIR
due to the involvement of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects; and
• There is no new information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the 2009 Final EIR
was certified as complete, that shows any of the following:
o The project modification would have one or more significant effects not discussed in
the 2009 Final EIR (and subsequently adopted 2012 Addenda);
o Significant effects previously examined would be substantially more severe than
shown in the 2009 Final EIR (and subsequently adopted 2012 Addenda);
o Mitigation measures or alternatives previously found not to be feasible would in fact
be feasible, and would substantially reduce one or more significant effects of the
project modification, but the project proponents decline to adopt the mitigation
measure or alternative; or
o Mitigation measures or alternatives which are considerably different from those
analyzed in the 2009 Final EIR (and subsequently adopted 2012 Addenda) would
substantially reduce one or more significant effects on the environment, but the
project proponents decline to adopt the mitigation measure or alternative.
Therefore, pursuant to State CEQA Guidelines Section 15164, an Addendum has appropriately been
prepared.
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City of Cupertino 19 Administrative Draft Third Addendum
Main Street Cupertino Modifications November 2023
SECTION 6.0 REFERENCES
City of Cupertino. Addendum to the Final Environmental Impact Report for the Main Street
Cupertino Project. SCH# 2008082058. May 4, 2012. Adopted May 15, 2012.
---. Draft Focused Environmental Impact Report for the Main Street Cupertino Project. SCH#
2008082058. October 2008.
---. Final Environmental Impact Report for the Main Street Cupertino Project. SCH# 2008082058.
December 2008. Certified January 2009.
---. Second Addendum to the Final Environmental Impact Report for the Main Street Cupertino
Project. SCH# 2008082058. August 2012.
Fehr & Peers. Main Street Cupertino Project Estimated Trip Generation – Additional 5,585 square
feet of TD Ameritrade Bank. October 27, 2023.
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10/31/23, 10:42 AM cupertino.zendesk.com/audits/19946266855323/email.html?ticket_id=76632
https://cupertino.zendesk.com/audits/19946266855323/email.html?ticket_id=76632 1/1
From:
"Sheela Rowles" <srowles@gmail.com>
To:
"Planning" <planning@cupertino.org>, "Sheela Rowles" <srowles@gmail.com>
Subject:
M-2022-003 & ASA-2023-009
TextSource
I do not agree with the plan to add a second floor on the TD Ameritrade Building. It makes the building and
property uglier and an eyesore, and not in keeping with the other buildings. It was also a bad decision to put a
second floor on Meet Fresh as it blocks the mountain landscape views from the Metropolitan condos. Main
Street is a wonderful area to visit and it should stay single storied retail, and restaurants. Thanks, Sheela Rowles
Sent from my iPad
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CITY OF CUPERTINO
Agenda Item
23-12778 Agenda Date:
11/14/2023 Agenda #: 4.
Subject: Proposed amendments to Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.112
regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws. (Application No. MCA-2023-
002; Applicant: City of Cupertino; Location: City-wide)
That the Planning Commission adopt the draft resolution (Attachment 1) recommending that the City Council adopt an
ordinance to:
1. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA
Guidelines; and
2. Amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single-Family Residential (R-1) Zones.
c. Chapter 19.112, Accessory Dwelling Units (ADU)
CITY OF CUPERTINO Printed on 11/9/2023Page 1 of 1
powered by Legistar™178
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RESOLUTION NO. ________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 19.12,
CHAPTER 19.28 AND CHAPTER 19.112 REGARDING TWO‐STORY
PERMIT AND ACCESSORY DWELLING UNIT (ADU) LAWS
_____________________________________________________________________________
The Planning Commission recommends that the City Council:
1. Determine that Project is exempt under the requirements of the California Quality
Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”)
because it has no potential for resulting in physical change in the environment, either
directly or ultimately. In the event that this Ordinance is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant
effect on the environment. CEQA applies only to projects which have the potential
of causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA. In this circumstance, the
amendments to the City Code would have no or only a de minimis impact on the
environment. The foregoing determination is made by the City Council in its
independent judgment. The proposed ordinance is further exempt from the
California Environmental Quality Act (“CEQA”) under Public Resources Code
section 21080.17, which provides a statutory CEQA exemption to ADU ordinances
adopted to implement Government Code Sec. 65852.2.
2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Cupertino this 14th day of November, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ ______________________________
Piu Ghosh Stephen Scharf
Planning Manager Chair, Planning Commission
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28 AND CHAPTER
19.112 REGARDING TWO‐STORY PERMIT AND ACCESSORY DWELLING UNIT
(ADU) LAWS
The City Council of the City of Cupertino finds that:
1. An assessment of the City’s development review processes and requirements revealed
that out of the 768 Planning permit applications that have been received since November
of 2021, the City has taken in 98 Two‐Story Permit applications, the most of any codified
permitting process. To improve efficiency, staff proposes to eliminate the discretionary
Two‐Story Permit requirement, with the intended result to streamline the permitting
process and save residents time and money when upgrading their homes.
2. State Law changes have rendered the City’s Accessory Dwelling Unit ordinance (CMC
19.112) obsolete and unenforceable.
3. The City Council of the City of Cupertino held a duly noticed public hearing on
December 5, 2023, and after considering all testimony and written materials provided
in connection with that hearing introduced this ordinance and waived the reading
thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is further amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub‐section, paragraph, sub‐paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this
ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be construed as continuations of those provisions and not as an
amendment to or readoption of the earlier provisions.
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SECTION 3: California Environmental Quality Act.
Determine that Project is exempt under the requirements of the California Environmental
Quality Act (CEQA) of 1970, and CEQA Guidelines (collectively, “CEQA”) subject to the
CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen
with certainty to have no possibility of a significant effect on the environment. CEQA
applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment, the activity is not subject to
CEQA. In this circumstance, the amendments to the City Code would have no or only a de
minimis impact on the environment. The foregoing determination is made by the City
Council in its independent judgment. The proposed ordinance is further exempt from the
California Environmental Quality Act (“CEQA”) under Public Resources Code section
21080.17, which provides a statutory CEQA exemption to ADU ordinances adopted to
implement Government Code Sec. 65852.2.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on
December 5, 2023 and ENACTED at a regular meeting of the Cupertino City Council
on December 19, 2023 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
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ABSTAIN
SIGNED:
Hung Wei, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk
Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney
Date
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Ordinance No.
Page 6
Attachment A‐ Page 6
ATTACHMENT A ‐ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28
AND CHAPTER 19.112 REGARDING TWO‐STORY PERMIT AND ACCESSORY
DWELLING UNIT (ADU) LAWS
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double‐underlined text (example) and text to be
deleted in shown in strikethrough (example). Text in existing provisions is not amended or
readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code.
Where the explanatory text indicates that a new section is being added to the City Code, the new
section is shown in plain text.
1. Amendments to Title 19 concerning the Two‐Story Permit
19.12.030 Approval Authority.
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and
Extension Dates for different types of Permits.
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Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission
City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
General Plan Amendment
Major F - R F PH CA. Govt. Code
65350-
65362
Yes - CA. Govt. Code
65350-
65362 Minor G - R F PH Yes -
Zoning Map Amendments
Major F - R F PH CA. Govt. Code
65853-
65857
Yes - 19.152.020
Minor G - R F PH Yes -
Zoning Text Amendments
-
R
F
PH
CA. Govt. Code
65853-
65857
-
-
19.152.030
Specific Plans
-
R
F
PH
CA. Govt. Code
65350-
65362
-
-
20.04.030
Development Agreements - R F PH CA. Govt. Code
65867 Yes - 19.144.120
Development Permits
Major F, H - F/R A1/F PM
19.12.110/300'
Yes 2 years
19.156.050
Minor G F A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F A1/F/R A1/ A2/F PH CA. Govt. Code
65905
Yes 2 years
19.156.050
Minor G, I F A1/F/R A1/ A2/F PH Yes 2 years
Temporary F A1 A2 - None No 1 year None/ 19.160.030
Density Bonus (Residential)
R
F
Based on
concurrent
application
19.56
Adult-Oriented Commercial Activity (CUP) R F PH CA. Govt. Code
65905/300' Yes 2 years 19.128.030 &
19.128.040
Architectural and Site Approval
Major J F A1 A2 PM
19.12.110/
Yes 2 years
19.168.030
Minor K F A1 A2 PM Yes 2 years
Amendment
Major F, H - F A1 Varies L Yes 2 years 19.44,
Attachment A – Page 4
18
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Ordinance No.
Page 5
Attachment A‐ Page 5
Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission
City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
Minor G
F
A1
A2
Varies L Depends on permit
being amended L
Yes
2 years
19.144,
19.156,
19.164
Minor Modification F A1 A2 - None No 2 years 19.164
Hillside Exception/ Height Exception/ Heart
of the City Exception I
-
F
A1
PH
19.12.110/300'
Yes
2 years
19.40.080,
19.24.070,
19.136.090
Variance F A1 A2 PH CA. Govt. Code
65905 Yes 2 years 19.156.060
Status of non- conforming Use - F A1 PH 19.12.110/300' Yes - 19.140.110
Wireless Antennas I
F
F/ A1
A2
Varies I Depends on
application type
Yes
2 years
19.136.090
Signs
Permits F A1 A2 - None No 1 year 19.104
Neon, Reader board & Freeway Oriented
Signs I F - F/A1 A1/A2 PM 19.12.110/300’ No 1 year 19.104
Programs F A1 A2 - None No 1 year 19.104
Exceptions I
- -
F A1 PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I
FM
-
F/A1 A1
/A2
Varies M
19.12.110/
Adjacent/ 300’ N
Yes
1 year
19.124.050
Fence Exceptions F -
A1 A2 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard Interpretation F A1 A2 PM 19.12.110/
Adjacent Yes 1 year 19.08
R-1 Ordinance Permits
Two-story I F - F/A1 A1 L/ A2 Varies I
19.12.110/
Adjacent
Yes 1 year 19.28.140
Minor Residential F A1 A2 CP No 1 year 19.28.140
Exceptions I - - F A1 PM Yes 1 year
Miscellaneous Ministerial Permit F - - None Adjacent Yes 1 Year 19.28.150 and
19.40.090
Miscellaneous Ministerial Permit Not Allowed
18
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Ordinance No.
Page 6
Attachment A‐ Page 6
Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission
City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
Protected Trees
Tree Removal F A1 A2 CP Adjacent unless
exempt Yes 1 year 14.18.180
Heritage Tree Designation & Removal - F A1 PM 19.12.110/
300' Yes - 14.18
Tree Management Plan F A1 A2 - None No - 14.18
Retroactive Tree Removal F A1 A2 - None No - 14.18
Reasonable Accommodation F A1 A2 - None No 1 year 19.52.050
Extensions O
Parking, Fence & Sign Exceptions & Front
Yard Interpretations F A1 A2 - None No 1 year
Neon, Reader board & Freeway Oriented
Signs F A1 A2 - None No 1 year
Two Story Permits, Minor Residential
Permits and Exceptions F A1 A2 - None No 1 year
Tree Removals F A1 A2 - - No 1 year
All other projects F A1 A2 - 19.12.110/
None No 2 years
Miscellaneous Ministerial Permit Not Allowed
Public Art Architectural and Site Approval Permits
Public Art - F - A1 PM None None None 2.80 and 19.148
Art in lieu payment - R - F PM None None None 2.80 and 19.148
KEY:
R—Review and recommendation body F—Final decision-making body unless appealed
A1—Appeal Body on first appeal A2—Appeal body on second appeal
PH—Public Hearing PM—Public Meeting
CP—Comment Period
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Notes:
A. Permits can be processed concurrently with other applications, at the discretion of
the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of
approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government
Code; Public Meeting: Project types that need only a mailed notice and no newspaper
notices; Comment Period: Project types that need only a mailed notice and do not need
a public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the
maximum noticing radius required for any one of the applications.
E. Expiration date of an application in a combined application shall correspond to the
maximum expiration date allowed for any one of the development applications (not
including Subdivision Map Act applications, General Plan Amendments and Zoning
Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit
application ‐ for more than ten thousand square feet of commercial and/or industrial
and/or office and/or other non‐residential use, or greater than six residential units.
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit
application ‐ for ten thousand square feet or less of commercial and/or industrial and/or
office and/or other non‐residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty
thousand square feet of commercial, and/or greater than one hundred thousand square
feet of industrial and/or office and/or other non‐residential use, and/or greater than fifty
residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the
subject property or project for approval authority.
J. Major Architectural and Site Approval application ‐ architectural and site approval
for all projects that are not a Minor Architectural and Site Approval application.
Attachment A – Page 7
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K. Minor Architectural and Site Approval application ‐ single family home in a
planned development zoning district, minor building architectural modifications,
landscaping, signs and lighting for new development, redevelopment or
modification in such zones where review is required and minor modifications of
duplex and multi‐ family buildings.
L. Meeting type and noticing are dependent on the underlying permit being modified.
M. Parking Exceptions approved by the Director of Community Development need
a comment period.
N. Parking Exceptions in Single‐family residential (R1) zones and Duplex (R2)
zones need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior
boundary of the subject property.
O. Application must be filed prior to expiration date of permit. Permit is
extended until decision of the Approval Body on the extension.
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in the following manner for applications
that need a public hearing:
1. Notice of hearing shall be given by publication once in a local newspaper of general circulation
not less than
ten days prior to the date of the hearing as provided in Section 65090 of the California
Government Code;
2. The City shall mail written notice by first class mail to:
a. Each owner of record of real property within the noticing radius per Section 19.12.030
of the exterior boundary of the property for which the application is made as the owner
of record is shown in the last tax assessment roll pursuant to Section 65091 of the
California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or other essential
facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk requesting
notification of
public hearings.
3. If the number of owners to whom notice would be mailed or delivered pursuant to
subsection A2 above is greater than one thousand, in lieu of mailed or delivered notice, the
Director may provide published notice as provided in Government Code Section 65091(3). 189
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4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if the exact
address is not known;
b. The date on which action on the application will be taken;
c. A brief description, the content of which shall be in the sole discretion of the City, of
the proposed project;
d. Reference to the application on file for particulars;
e. A statement that any interested person, or agent thereof, may contact the city for
additional information and/or plan.
Typographical and/or publishing errors shall not invalidate the notice nor any City action
related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall be given in
the manner prescribed in Section 19.12.110 A(1) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or publication) shall be
given pursuant to Sections 19.12.110 A(2) or A(3), as the case may be.
C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be mailed
in accord with 19.12.110A(2) or A(3), as the case may be, at least ten days prior to the date of the
meeting date.
D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be
mailed in accord
with 19.12.110A(2) and A(5), fourteen calendar days prior to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice
shall include a copy of the site plan and elevation plans of the proposed project.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall include
a copy of the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public hearings/public meetings in any other manner it deems
necessary or desirable. If the Director of Community Development believes the project may have
impacts beyond the range of the mailed notice, particularly on nearby residential areas, the
Director, in his or her discretion, may expand noticing beyond the stated requirements in Section
19.12.030.
Compliance with the procedures set forth in this section shall constitute a good‐faith effort to
provide notice, and the failure to provide notice, and the failure of any to receive notice, shall not
prevent the City from proceeding with a hearing, meeting or from taking any action nor affect the
validity of any action.
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible and legible from
the right‐of‐way in accord with the requirements of Table 19.12.030.
a. Applicants must install a site notice in the front yard of the subject site.
b. For all applications other than Two Story Permits, Residential Design Review,
Miscellaneous Ministerial Permits, and Tree Removal applications in R1 or R2 zones, if the
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subject site has more than one property line abutting a street, the applicant may be
required to install more than one notice.
2. The notice shall be a weatherproof sign, firmly attached to 5 foot tall posts and:
a. For Two Story Permits, Residential Design Review, Miscellaneous Ministerial Permits, and
Tree Removal applications in R1 or R2 zones, shall be at least 2 feet tall and 3 feet wide.
b. For all other applications that need a site notice, shall be at least 4 feet tall and 6 feet wide.
3. The notice shall be placed at least 14 days prior to the decision/public hearing and shall
remain in place until an action has been taken on the application and the appeal period, if
any, has passed.
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if the address is
not known;
b. A brief description of the proposed project, the content of which shall be at the sole
discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at least one
of the following visual representations of the proposed project:
i. A color perspective drawing or three‐dimensional (3‐D) photographic simulation of
the proposed project, in a size deemed appropriate by the Director of Community
Development.
ii. For Two Story Permits, Residential Design Review Permit, and Miscellaneous
Ministerial Permit applications, a color or black and white perspective drawing or
three‐dimensional (3‐D) photographic simulation of the proposed project, at
least 11 inches by 17 inches in size.
iii. Visual Representation is not required for applications that do not have a material
change in the physical appearance of the property.
G. Miscellaneous Ministerial Permit: For projects requiring notice of a Miscellaneous Ministerial
Permit, notice shall be mailed in accord with subsection 19.12.110A(4) and posted on the
property, fourteen calendar days prior to the date of action on the application.
19.28.040 Permits Required for Development.
Table 19.28.040 sets forth the planning permits required for development in the
Single‐ Family Residential district.
Table 19.28.040 Permits Required
Planning permit
required prior to
building permit Type of Project Approval
Authority
application
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A. None One‐story s Single‐family projects that does not
require
exception or variance from the requirements of this
Admin.
B. Minor Residential
1. One‐story encroachment into a required rear yard
setback, subject to requirements of Section
19.28.070
Permit, pursuant to Admin 2. One‐story extension of an existing side yard
nonconforming building wall line, subject to
requirements of Section
19.28.100 in all districts except R1‐a
Chapter 19.12,
Administration
3. One‐story project with a gable end of a roof
enclosing an attic space projecting outside the
building envelope, subject to requirements of
Section 19.28.070 or 19.28.080
4. New or expanded second story deck or balcony
with views into neighboring residential side or
rear yards in all districts except R1‐a or on any
project previously developed pursuant to
Government Code Section 65852.21
5. Any active or passive solar structure that requires
variation from the setback or height restrictions
of this chapter, provided that no such structure
shall infringe upon solar easements or adjoining
property owners
6. One or two‐story addition or new home on a
sloped single‐family residential lot with
development on building pads/graded areas with
actual slopes equal to or greater than 20% and
with total floor area ratio of all structures on the
lot greater than 35%
C. Director’s Minor
Modification, pursuant
to Chapter 19.12,
Administration
Encroachment of porch elements into the required
front yard setback in the R1‐a zone, subject to the
requirements of Section 19.28.100
Admin
D. Two‐Story Permit,
pursuant to Chapter
19.12, Administration
Two‐story addition or new two‐story home in all
districts that do not require Residential Design
Review per Section 19.28.040(I) except in an R1‐a
zone
Admin
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E.D Residential Design
Review, pursuant to
Chapter 19.12,
Administration
Two‐story addition or new two‐story home in all
districts except R1‐a where:
1. Second floor to first floor area ratio is greater
than 66%, except any second to first floor ratio
for development on building pads/graded
areas with actual slopes equal to or greater
than 20%; and/or
2. Where second story side yard setback(s) are
less than 15 feet to any interior side property
line
Admin. with
design review
Two‐story addition, new two‐story home, and/or
second story deck in the R1‐a zone PC
F. E Exception,
pursuant to
Chapter 19.12,
Administration &
Section 19.28.130 ,
Exceptions
One or two‐story project requesting an exception
from Sections 19.28.070 [Development Regulations
(Building)],
19.28.080 [Eichler R1‐e Building Design
Requirements], and/or 19.28.110 [Landscape
Requirements].
PC
G. F Hillside Exception,
pursuant to Chapter
19.12,
Administration
Development (area greater than 500 square feet) on
slopes greater than 30%
H. G Architectural and
Site Approval,
pursuant to Chapter
19.12,
Administration
One or two‐story addition or new home on a sloped
single‐family residential lot with development on
building pads/graded areas with actual slopes equal
to or greater than 20% and where the cut plus fill of
the site exceeds 2,500 cubic yards
I. H Conditional Use
Permit, pursuant to
Chapter 19.12,
Administration
Two‐story addition or new two‐story home in an R1
zoning district with an “i” suffix
J. I Single‐Story
Overlay District
Application,
pursuant to Chapter
19.12 ,
Administration
Establishment or removal of a Single‐Story Overlay
District in a Single Family Residential District
(Addition or removal of the “I” suffix in an R1
zoning district)
CC
K.J Miscellaneous
Ministerial Permit
1. New one or two‐story duplex project in an R1
zoning district pursuant to Government Code
Section 65852.21
2. New one or two‐story single‐family home,
secondary principal dwelling unit, or two‐story
addition in an R1 zoning district pursuant to
Government Code Section 65852.21
Admin
19.28.110 Single‐Family Residential Design Guidelines and Principles.
Any new single‐family residential house or addition to an existing house shall be generally consistent with
the adopted single‐family residential guidelines in Sections 19.28.110(A) and (B).
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A. Single‐Family Residential Design Guidelines for all projects.1, 2
1. There should shall not be a three‐car wide driveway curb cut.
2. No more than fifty percent of the front elevation of a house should shall consist of garage area,
unless the lot is not wide enough to accommodate.
a. In the R1‐a zone, the maximum width of a garage on the front elevation should shall be twenty‐
five feet, which will accommodate a two‐car garage. Additional garage spaces should shall only be
provided through the use of a tandem garage or a detached accessory structure at the rear of the
property.2
3. Usable Living area should shall be closer to the street, while garages should be set back more.
4. All roofs should shall have at least a one‐foot overhang.
5. Structures shall not have any mechanical, heating or cooling or associated piping installed on the
roof.
6. Porches are encouraged.
a. In the R1‐a zone, the following porch design guidelines apply2:
i. When viewed from the street, a porch should shall appear proportionately greater in
width than in height. A porch differs from an entry element, which has a proportionately
greater height than its width.
ii. Structural supports should shall be designed such that the appearance is not obtrusive or
massive.
iii. The use of large columns or pillars is discouraged.
iv. The eave height for a front porch should shall not be significantly taller than the eave
height of typical single‐story elements in the neighborhood.
v. Porch elements should shall have detailing that emphasizes the base and caps for posts
and fence elements.
7. In R1‐6e and R1‐a zones, entry features should shall not be higher than fourteen feet from natural
grade to plate.2
19.28.140 Findings.
Sections 19.28.140(A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit,
Two‐ Story Permit, Residential Design Review, and R‐1 Exception approval.
A. Minor Residential Permit Findings.
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1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinances and the purposes of this title.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare.
3. The proposed project is harmonious in scale and design with the general neighborhood.
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
B. Two‐Story Permit Findings.
1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning
ordinance and the purposes of this title.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare.
3. The proposed project is harmonious in scale and design with the general neighborhood.
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
C. B. Residential Design Review Findings.
1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinance and the purposes of this title.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare.
3. The project is harmonious in scale and design with the general neighborhood.
4. The project is consistent with the two‐story design principles and generally consistent with
the single‐ family residential design guidelines.
5. Adverse visual impacts on adjoining properties have been reasonably mitigated.
D. C. Residential Design Review Findings, R1‐a zone.
1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino
Municipal Code.
2. The granting of this permit will not result in detrimental or injurious conditions to the
property or improvements in the vicinity, or to the public health, safety, or welfare.
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Attachment A‐ Page 15
3. The project is generally compatible with the established pattern of building forms, building
materials, and designs of homes in the neighborhood.
4. The project is generally compatible with the Cityʹs single‐family residential design guidelines
and the guidelines in this chapter and any inconsistencies have been found to not result in
impacts on neighbors.
5. Significant adverse visual and privacy impacts as viewed from adjoining properties have been
mitigated to the maximum extent possible.
E. D. R‐1 Exception Findings.
1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit
and intent of this chapter.
2. The proposed development will not be injurious to property or improvements in the area, nor
be detrimental to the public safety, health and welfare.
3. The exception to be granted is one that will require the least modification of the prescribed
design regulation and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in significant visual impact as viewed from abutting
properties.
2. Amendments to Title 19 concerning Accessory Dwelling Units
19.112.010 Purpose; Incorporation by Reference; Consistency with State Law.
The purpose of this chapter is to promote the goal of affordable housing within the City through provision
of additional housing in certain residential, agricultural residential, and mixed‐use zoning districts in a
manner which minimizes adverse impacts of accessory dwelling units on neighborhoods. Unless otherwise
defined in this Title, all terms used in this Chapter shall be defined and interpreted in accordance with
Government Code Sections 65852.2 and 65852.22. In the event of a conflict between this Chapter and the
requirements of State law, the requirements of State law, including the requirements of Government Code
Sections 65852.2 and 65852.22, shall prevail.
19.112.020 Accessory Dwelling Unit Regulations.
Notwithstanding any provision of this title to the contrary:
1. Accessory dwelling units are permitted on lots within any residential or mixed‐use
residential zoning district. The lot must have an existing single family dwelling unit or if
zoned multi‐family or mixed use residential, at least one residential unit. If the lot is vacant,
an accessory dwelling unit may only be proposed in conjunction with the development of at
least one residential unit. Notwithstanding the underlying zoning, an accessory dwelling
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Ordinance No.
Page 16
Attachment A‐ Page 16
unit developed pursuant to this chapter does not cause the lot upon which it is located to
exceed its maximum the allowable density on the lot.
2. Accessory dwelling units must comply with the site development regulations and guideline
specified in those zoning districts for dwelling units, including but not limited to: lot
coverage; floor area ratio; height; setbacks; landscape; the regulations contained in this
chapter; Chapter 19.100, Accessory Structures/Buildings; and Chapter 19.124, Parking; except
as those standards are modified by this chapter.
3. No impact fees, as defined in Government Code Section 65852.2(f)(3)(B), shall be imposed on
any accessory dwelling unit or junior accessory dwelling unit with a gross floor area of less
than 750 square feet. Impact fees for all other accessory dwelling units shall be charged in
compliance with State Law imposed on accessory dwelling units greater than or equal to 750
feet shall be charged proportionally in relation to the square footage of the primary dwelling
unit in compliance with Government Code Section 65852.2(f)(3)(A).
4. Accessory dwelling units are permitted on lots within any residential or mixed‐use
residential zoning district. The lot must have an existing single family dwelling unit or if
zoned multi‐family or mixed use residential, at least one residential unit. If the lot is vacant,
an accessory dwelling unit may only be proposed in conjunction with the development of at
least one residential unit. Notwithstanding the underlying zoning, an accessory dwelling
unit developed pursuant to this chapter does not cause the lot upon which it is located to
exceed its maximum the allowable density on the lot.
5. Accessory dwelling units must comply with the site development regulations and guideline
specified in those zoning districts for dwelling units, including but not limited to: lot
coverage; floor area ratio; height; setbacks; landscape; the regulations contained in this
chapter; Chapter 19.100, Accessory Structures/Buildings; and Chapter 19.124, Parking; except
as those standards are modified by this chapter.
19.112.030 Site Development Regulations for Streamlined Accessory Dwelling Units & Junior Accessory
Dwelling Units.
Pursuant to California Government Code Section 65852.2(e), the City shall approve the following
streamlined accessory dwelling units if the specified development standards and use restrictions are met,
as identified in:
A. Table 19.112.030A for single‐family residential uses developments and
B. Table 19.112.030B for multi‐family residential uses developments.
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units and
Junior Accessory Dwelling Units Associated with Single‐Family Residential Uses Developments
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Ordinance No.
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Attachment A‐ Page 17
Conversion of space within principal
dwelling unit or accessory structures
New Construction Attached or
Detached Accessory Dwelling
Unit ≤ 800 s.f.
1. Size of living space, exclusive of decks
a. Minimum
size
150 s.f.
b. Maximum
size
No size limitation as long as the unit:
i. Is wholly within the space of a proposed
or existing single‐family dwelling or the
existing space of an accessory structure,
and
ii. Does not require either:
• An addition of more than 150 square
feet to an existing accessory structure to
accommodate ingress and egress only, or
• Any addition to an existing single‐
family dwelling unit.
800 s.f.
2. Number of
Units
Two accessory dwelling units are allowed only if one of the accessory dwelling
units is a detached unit built pursuant to this Table 19.112.030A and the other is a
junior accessory dwelling unit. Otherwise, only one accessory dwelling unit is
allowed per lot.
Maximum three ADUs per lot in any combination of the following:
One attached ADU,
One conversion of existing space ADU (whether in principal dwelling unit
or existing accessory structure),
One detached ADU, or
One Junior ADU
3. Setbacks Per the underlying zoning district
except that if the existing structures do
not meet these standards, the side and
rear setbacks shall be sufficient for fire
safety and life safety.
a. At least four feet from the
rear and side lot lines.
a. An applicant alternately may
elect to follow the setback
and height standards for
accessory structures in
Chapter 19.100.
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Ordinance No.
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Attachment A‐ Page 18
4. Height The conversion shall not change the height
of the existing structure.
a. 16 feet or.
b. 18 feet for detached ADU
within half a mile walking
distance of a major transit
stop or transit corridor
defined in Section 21155 of
the Public Resources Code. 1
c. If accessory dwelling unit
attached to principal
dwelling, 25 feet or the
height limitations applicable
to the principal dwelling,
whichever is lower.
d. An applicant alternatively
may elect to follow the
height standards for
accessory structures in
Chapter 19.100.
5. Second‐story
accessory
dwelling unit
Allowed if the unit is a conversion of
existing second story portion of the
principal dwelling unit.
Not Allowed Allowed if accessory
dwelling is located within one half
mile walking distance of a major
transit stop or transit corridor;
6. Parking for
accessory
dwelling unit
None
7. Direct outside
access
Independent outdoor access must be provided without going through the
principal dwelling unit.
8. Separation
from principal
dwelling unit
The conversion must result in an
independent unit. With the exception of a
JADU that has a shared bathroom with the
principal dwelling unit, no interior doors or
other connections between the units are
permitted.
Detached from principal dwelling
unit
1 An additional two feet in height is permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with
the roof pitch of the primary dwelling unit.
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Ordinance No.
Page 19
Attachment A‐ Page 19
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units
Associated with Existing Multi‐Family Residential Uses Developments
Conversion of interior space within
multifamily dwelling structures
New Construction Detached
Accessory Dwelling Unit
1. Location Conversion of space within existing
dwelling structures that is not used as
livable space (e.g. existing units) including,
but not limited to, storage rooms, boiler
rooms, passageways, attics, basements, or
garages, as long as the unit meets building
standards for dwellings.
Detached from the multi‐family
dwelling structure(s)
2. Number of
Units
The greater of:
25 percent of the existing number of
primary dwelling units, or
One accessory dwelling unit.
No more than two units
3. Minimum Size 150 s.f.
4. Maximum Size No size limitation 1,200 s.f.
5. Setbacks The accessory dwelling unit shall not
increase the size of the existing structure.
a. Located at least four feet
from the side and rear lot
lines.
b. An applicant alternately may
elect to follow the setback
and height standards for
accessory structures in
Chapter 19.100.
6. Height The accessory dwelling unit shall not
increase the size of the existing structure.
a. 16 feet 18 feet; or
b. 25 feet or the height
limitations applicable to the
principal dwelling,
whichever is lower if
accessory dwelling unit
attached to principal
dwelling
c.b. An applicant alternatively
may elect to follow the
setback and height standards
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Ordinance No.
Page 20
Attachment A‐ Page 20
for accessory structures in
Chapter 19.100.
7. Separation
from principal
dwelling units
The conversion must result in an
independent unit. No interior doors or
other connections between the units are
permitted.
Detached from principal dwelling
units.
(Ord. 20‐2199, § 5 (part), 2020; Ord. 17‐2170, § 4, 2018; Ord. 17‐2165, § 12, 2017; Ord. 16‐2159, § 8 (part), 2016;
Ord. 2085, § 2 (part), 2011)
19.112.040 Site Development Regulations for Non‐Streamlined Accessory Dwelling Units.
A. This section shall govern applications for ADUs and JADUs that do not qualify for approval under
Section 19.112.030 or Government Code section 65852.2(e)(1) and for which the city may impose
local standards pursuant to Government Code section 65852.2, subdivisions (a) through (d). Nothing
in this section shall be interpreted to prohibit an ADU of up to 800 square feet, at the heights stated
in Section 19.112.030(A) and .030(B), with a four‐foot side and rear setbacks.
B. The Development Standards for units governed by this section are provided in Section 19.112.040.
These regulations do not limit the height of existing structures converted into ADU/JADUs unless
the envelope of the building is proposed to be modified beyond any existing legal, non‐conforming
condition
Any accessory dwelling unit that does not meet the criteria of Section19.112.030 shall meet the following
development standards and use restrictions as identified in Table 19.112.040.
Table 19.112.040: Site Development Regulations for Non‐Streamlined Accessory Dwelling Units
Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
A. Number of
Units
Only one accessory dwelling unit pursuant to Table 19.112.040 is permitted and
cannot be combined with any accessory dwelling units pursuant to Table
19.112.030A.
B. Size of living space, exclusive of decks
1. Minimum
size
150 s.f.
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Attachment A‐ Page 21
2. Maximum
size
a. Studios/one‐bedroom unit – 850 s.f.; two or more‐bedroom unit – 1,000
s.f.; and
b. Attached accessory dwelling units shall not exceed 50% of the existing
primary dwelling
c. Application of lot coverage, floor area, and open space standards:
i. Maximum size for units ≤ 800 s.f. shall not be limited by lot
coverage, floor area ratio, and open space requirements per the
underlying zoning.
ii. Maximum size for units > 800 s.f. are limited by lot coverage, floor
area ratio, and open space requirements per the underlying zoning.
These standards shall apply to the gross floor area of the unit
proposed. Notwithstanding application of these standards, an 800
s.f. detached accessory dwelling unit is permitted pursuant to
Table 19.112.030A or an 800 s.f. attached accessory dwelling unit is
permitted.
C. Setbacks Per the underlying zoning district, except
the required side and rear setbacks are
modified to four feet.
The proposed structure must
comply with the setback standards
for accessory structures in Chapter
19.100, except the street side
setbacks are modified to four feet.
D. Height 25 feet or the height limitations applicable
to the principal dwelling, whichever is
lower.
a. The proposed structure
must comply with the height
standards for accessory
structures in Chapter 19.100,
except that a maximum
height of 16 feet is allowed
at the farthest point of the
proposed structure from the
rear and side property lines.
b. 18 feet for detached ADU
within half a mile of a major
transit stop or transit
corridor or on a lot with an
existing multifamily,
multistory dwelling or;
c. If accessory dwelling unit
attached to principal
dwelling, 25 feet or the
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Attachment A‐ Page 22
height limitations applicable
to the principal dwelling,
whichever is lower.
E. Second‐story
accessory
dwelling units
Not allowed Allowed if accessory dwelling
is:
a. Located within one half mile of a
major transit stop or transit
corridor; or
b. On a lot with an existing
multifamily, multistory dwelling; or
c. More than 800 s.f. and attached to
principal dwelling.
Not allowed Allowed if accessory
dwelling is located within one half
mile of a major transit stop or
transit corridor.
F. Parking
1. Parking for
accessory
dwelling unit
One additional off‐street parking space shall be provided, if the principal
dwelling unit has less than the minimum off‐street parking spaces for the
applicable residential zoning district in which it is located, as required in
Chapter 19.124 unless the accessory dwelling unit meets one of the following
requirements:
a. Located within one‐half (1/2) mile of a public transit stop; or
b. Located within one block of a car share vehicle pick‐up location; or
c. Located in an architecturally and historically significant historic
district; or
d. The occupant of the unit is not allowed/offered a required on‐street
parking permit; or
e. Located within one block of a car share vehicle pick‐up location; or
f. Is part of the proposed or existing primary residence or an accessory
structure.
2. Replacement
parking spaces
for existing
covered,
uncovered or
enclosed
parking spaces
converted to an
No replacement parking spaces are required.
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Attachment A‐ Page 23
accessory
dwelling unit
G. Direct outside
access
Independent outdoor access must be provided without going through the
principal dwelling unit.
H. Screening from
public street
All access to accessory dwelling units shall be on a different wall plane than the
access to the principal dwelling unit.
I. Structure
Design
Should be compatible with the architectural style and materials of the principal
structure.
J. Separation from
principal
dwelling unit
The ADU must be an independent unit.
No interior doors or other connections
between the ADU and the principal
dwelling unit are permitted.
Detached from principal dwelling
unit.
1. No setback is required for an accessory dwelling unit located within existing living area or an
existing accessory structure, or an accessory dwelling unit that replaces an existing structure and
is located in the same location and to the same dimensions as the structure being replaced.
(Ord. 20‐2199, § 5 (part), 2020)
19.112.050 Review Process.
Applications for accessory dwelling units conforming to the requirements of this chapter shall be reviewed
ministerial without discretionary review and must be approved or denied within the time frame specified
in Government Code Section 65852.2.
(Ord. 20‐2199, § 5 (part), 2020; Ord. 16‐2159, § 8 (part), 2016)
19.112.060 Accessory Dwelling Units Prohibited on Certain Lots.
Notwithstanding Government Code Section 65852.2 or 65852.22 or any provision of this Chapter, no
accessory dwelling unit or a junior accessory dwelling unit shall be permitted on any lot in single‐
family residence district (R‐1 or RHS) if a lot split has been approved pursuant to Section 18.12.70 and one
or more residential units has been approved for construction pursuant to Section 19.28.150 or 19.40.090 (
Government Code Section 65852.21).
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RESOLUTION NO. ________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 19.12,
CHAPTER 19.28 AND CHAPTER 19.112 REGARDING TWO‐STORY
PERMIT AND ACCESSORY DWELLING UNIT (ADU) LAWS
_____________________________________________________________________________
The Planning Commission recommends that the City Council:
1. Determine that Project is exempt under the requirements of the California Quality
Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”)
because it has no potential for resulting in physical change in the environment, either
directly or ultimately. In the event that this Ordinance is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant
effect on the environment. CEQA applies only to projects which have the potential
of causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA. In this circumstance, the
amendments to the City Code would have no or only a de minimis impact on the
environment. The foregoing determination is made by the City Council in its
independent judgment. The proposed ordinance is further exempt from the
California Environmental Quality Act (“CEQA”) under Public Resources Code
section 21080.17, which provides a statutory CEQA exemption to ADU ordinances
adopted to implement Government Code Sec. 65852.2.
2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Cupertino this 14th day of November, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ ______________________________
Piu Ghosh Stephen Scharf
Planning Manager Chair, Planning Commission
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28 AND CHAPTER
19.112 REGARDING TWO‐STORY PERMIT AND ACCESSORY DWELLING UNIT
(ADU) LAWS
The City Council of the City of Cupertino finds that:
1. An assessment of the City’s development review processes and requirements revealed
that out of the 768 Planning permit applications that have been received since November
of 2021, the City has taken in 98 Two‐Story Permit applications, the most of any codified
permitting process. To improve efficiency, staff proposes to eliminate the discretionary
Two‐Story Permit requirement, with the intended result to streamline the permitting
process and save residents time and money when upgrading their homes.
2. State Law changes have rendered the City’s Accessory Dwelling Unit ordinance (CMC
19.112) obsolete and unenforceable.
3. The City Council of the City of Cupertino held a duly noticed public hearing on
December 5, 2023, and after considering all testimony and written materials provided
in connection with that hearing introduced this ordinance and waived the reading
thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is further amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub‐section, paragraph, sub‐paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this
ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be construed as continuations of those provisions and not as an
amendment to or readoption of the earlier provisions.
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SECTION 3: California Environmental Quality Act.
Determine that Project is exempt under the requirements of the California Environmental
Quality Act (CEQA) of 1970, and CEQA Guidelines (collectively, “CEQA”) subject to the
CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen
with certainty to have no possibility of a significant effect on the environment. CEQA
applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment, the activity is not subject to
CEQA. In this circumstance, the amendments to the City Code would have no or only a de
minimis impact on the environment. The foregoing determination is made by the City
Council in its independent judgment. The proposed ordinance is further exempt from the
California Environmental Quality Act (“CEQA”) under Public Resources Code section
21080.17, which provides a statutory CEQA exemption to ADU ordinances adopted to
implement Government Code Sec. 65852.2.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on
December 5, 2023 and ENACTED at a regular meeting of the Cupertino City Council
on December 19, 2023 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
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ABSTAIN
SIGNED:
Hung Wei, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk
Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney
Date
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Ordinance No.
Page 6
Attachment A‐ Page 6
ATTACHMENT A ‐ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28
AND CHAPTER 19.112 REGARDING TWO‐STORY PERMIT AND ACCESSORY
DWELLING UNIT (ADU) LAWS
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double‐underlined text (example) and text to be
deleted in shown in strikethrough (example). Text in existing provisions is not amended or
readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code.
Where the explanatory text indicates that a new section is being added to the City Code, the new
section is shown in plain text.
1. Amendments to Title 19 concerning the Two‐Story Permit
19.12.030 Approval Authority.
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and
Extension Dates for different types of Permits.
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Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission
City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
General Plan Amendment
Major F - R F PH CA. Govt. Code
65350-
65362
Yes - CA. Govt. Code
65350-
65362 Minor G - R F PH Yes -
Zoning Map Amendments
Major F - R F PH CA. Govt. Code
65853-
65857
Yes - 19.152.020
Minor G - R F PH Yes -
Zoning Text Amendments
-
R
F
PH
CA. Govt. Code
65853-
65857
-
-
19.152.030
Specific Plans
-
R
F
PH
CA. Govt. Code
65350-
65362
-
-
20.04.030
Development Agreements - R F PH CA. Govt. Code
65867 Yes - 19.144.120
Development Permits
Major F, H - F/R A1/F PM
19.12.110/300'
Yes 2 years
19.156.050
Minor G F A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F A1/F/R A1/ A2/F PH CA. Govt. Code
65905
Yes 2 years
19.156.050
Minor G, I F A1/F/R A1/ A2/F PH Yes 2 years
Temporary F A1 A2 - None No 1 year None/ 19.160.030
Density Bonus (Residential)
R
F
Based on
concurrent
application
19.56
Adult-Oriented Commercial Activity (CUP) R F PH CA. Govt. Code
65905/300' Yes 2 years 19.128.030 &
19.128.040
Architectural and Site Approval
Major J F A1 A2 PM
19.12.110/
Yes 2 years
19.168.030
Minor K F A1 A2 PM Yes 2 years
Amendment
Major F, H - F A1 Varies L Yes 2 years 19.44,
Attachment A – Page 4
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Ordinance No.
Page 5
Attachment A‐ Page 5
Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission
City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
Minor G
F
A1
A2
Varies L Depends on permit
being amended L
Yes
2 years
19.144,
19.156,
19.164
Minor Modification F A1 A2 - None No 2 years 19.164
Hillside Exception/ Height Exception/ Heart
of the City Exception I
-
F
A1
PH
19.12.110/300'
Yes
2 years
19.40.080,
19.24.070,
19.136.090
Variance F A1 A2 PH CA. Govt. Code
65905 Yes 2 years 19.156.060
Status of non- conforming Use - F A1 PH 19.12.110/300' Yes - 19.140.110
Wireless Antennas I
F
F/ A1
A2
Varies I Depends on
application type
Yes
2 years
19.136.090
Signs
Permits F A1 A2 - None No 1 year 19.104
Neon, Reader board & Freeway Oriented
Signs I F - F/A1 A1/A2 PM 19.12.110/300’ No 1 year 19.104
Programs F A1 A2 - None No 1 year 19.104
Exceptions I
- -
F A1 PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I
FM
-
F/A1 A1
/A2
Varies M
19.12.110/
Adjacent/ 300’ N
Yes
1 year
19.124.050
Fence Exceptions F -
A1 A2 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard Interpretation F A1 A2 PM 19.12.110/
Adjacent Yes 1 year 19.08
R-1 Ordinance Permits
Two-story I F - F/A1 A1 L/ A2 Varies I
19.12.110/
Adjacent
Yes 1 year 19.28.140
Minor Residential F A1 A2 CP No 1 year 19.28.140
Exceptions I - - F A1 PM Yes 1 year
Miscellaneous Ministerial Permit F - - None Adjacent Yes 1 Year 19.28.150 and
19.40.090
Miscellaneous Ministerial Permit Not Allowed
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Ordinance No.
Page 6
Attachment A‐ Page 6
Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission
City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
Protected Trees
Tree Removal F A1 A2 CP Adjacent unless
exempt Yes 1 year 14.18.180
Heritage Tree Designation & Removal - F A1 PM 19.12.110/
300' Yes - 14.18
Tree Management Plan F A1 A2 - None No - 14.18
Retroactive Tree Removal F A1 A2 - None No - 14.18
Reasonable Accommodation F A1 A2 - None No 1 year 19.52.050
Extensions O
Parking, Fence & Sign Exceptions & Front
Yard Interpretations F A1 A2 - None No 1 year
Neon, Reader board & Freeway Oriented
Signs F A1 A2 - None No 1 year
Two Story Permits, Minor Residential
Permits and Exceptions F A1 A2 - None No 1 year
Tree Removals F A1 A2 - - No 1 year
All other projects F A1 A2 - 19.12.110/
None No 2 years
Miscellaneous Ministerial Permit Not Allowed
Public Art Architectural and Site Approval Permits
Public Art - F - A1 PM None None None 2.80 and 19.148
Art in lieu payment - R - F PM None None None 2.80 and 19.148
KEY:
R—Review and recommendation body F—Final decision-making body unless appealed
A1—Appeal Body on first appeal A2—Appeal body on second appeal
PH—Public Hearing PM—Public Meeting
CP—Comment Period
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Notes:
A. Permits can be processed concurrently with other applications, at the discretion of
the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of
approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government
Code; Public Meeting: Project types that need only a mailed notice and no newspaper
notices; Comment Period: Project types that need only a mailed notice and do not need
a public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the
maximum noticing radius required for any one of the applications.
E. Expiration date of an application in a combined application shall correspond to the
maximum expiration date allowed for any one of the development applications (not
including Subdivision Map Act applications, General Plan Amendments and Zoning
Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit
application ‐ for more than ten thousand square feet of commercial and/or industrial
and/or office and/or other non‐residential use, or greater than six residential units.
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit
application ‐ for ten thousand square feet or less of commercial and/or industrial and/or
office and/or other non‐residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty
thousand square feet of commercial, and/or greater than one hundred thousand square
feet of industrial and/or office and/or other non‐residential use, and/or greater than fifty
residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the
subject property or project for approval authority.
J. Major Architectural and Site Approval application ‐ architectural and site approval
for all projects that are not a Minor Architectural and Site Approval application.
Attachment A – Page 7
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K. Minor Architectural and Site Approval application ‐ single family home in a
planned development zoning district, minor building architectural modifications,
landscaping, signs and lighting for new development, redevelopment or
modification in such zones where review is required and minor modifications of
duplex and multi‐ family buildings.
L. Meeting type and noticing are dependent on the underlying permit being modified.
M. Parking Exceptions approved by the Director of Community Development need
a comment period.
N. Parking Exceptions in Single‐family residential (R1) zones and Duplex (R2)
zones need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior
boundary of the subject property.
O. Application must be filed prior to expiration date of permit. Permit is
extended until decision of the Approval Body on the extension.
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in the following manner for applications
that need a public hearing:
1. Notice of hearing shall be given by publication once in a local newspaper of general circulation
not less than
ten days prior to the date of the hearing as provided in Section 65090 of the California
Government Code;
2. The City shall mail written notice by first class mail to:
a. Each owner of record of real property within the noticing radius per Section 19.12.030
of the exterior boundary of the property for which the application is made as the owner
of record is shown in the last tax assessment roll pursuant to Section 65091 of the
California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or other essential
facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk requesting
notification of
public hearings.
3. If the number of owners to whom notice would be mailed or delivered pursuant to
subsection A2 above is greater than one thousand, in lieu of mailed or delivered notice, the
Director may provide published notice as provided in Government Code Section 65091(3). 215
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4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if the exact
address is not known;
b. The date on which action on the application will be taken;
c. A brief description, the content of which shall be in the sole discretion of the City, of
the proposed project;
d. Reference to the application on file for particulars;
e. A statement that any interested person, or agent thereof, may contact the city for
additional information and/or plan.
Typographical and/or publishing errors shall not invalidate the notice nor any City action
related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall be given in
the manner prescribed in Section 19.12.110 A(1) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or publication) shall be
given pursuant to Sections 19.12.110 A(2) or A(3), as the case may be.
C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be mailed
in accord with 19.12.110A(2) or A(3), as the case may be, at least ten days prior to the date of the
meeting date.
D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be
mailed in accord
with 19.12.110A(2) and A(5), fourteen calendar days prior to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice
shall include a copy of the site plan and elevation plans of the proposed project.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall include
a copy of the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public hearings/public meetings in any other manner it deems
necessary or desirable. If the Director of Community Development believes the project may have
impacts beyond the range of the mailed notice, particularly on nearby residential areas, the
Director, in his or her discretion, may expand noticing beyond the stated requirements in Section
19.12.030.
Compliance with the procedures set forth in this section shall constitute a good‐faith effort to
provide notice, and the failure to provide notice, and the failure of any to receive notice, shall not
prevent the City from proceeding with a hearing, meeting or from taking any action nor affect the
validity of any action.
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible and legible from
the right‐of‐way in accord with the requirements of Table 19.12.030.
a. Applicants must install a site notice in the front yard of the subject site.
b. For all applications other than Two Story Permits, Residential Design Review,
Miscellaneous Ministerial Permits, and Tree Removal applications in R1 or R2 zones, if the
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subject site has more than one property line abutting a street, the applicant may be
required to install more than one notice.
2. The notice shall be a weatherproof sign, firmly attached to 5 foot tall posts and:
a. For Two Story Permits, Residential Design Review, Miscellaneous Ministerial Permits, and
Tree Removal applications in R1 or R2 zones, shall be at least 2 feet tall and 3 feet wide.
b. For all other applications that need a site notice, shall be at least 4 feet tall and 6 feet wide.
3. The notice shall be placed at least 14 days prior to the decision/public hearing and shall
remain in place until an action has been taken on the application and the appeal period, if
any, has passed.
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if the address is
not known;
b. A brief description of the proposed project, the content of which shall be at the sole
discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at least one
of the following visual representations of the proposed project:
i. A color perspective drawing or three‐dimensional (3‐D) photographic simulation of
the proposed project, in a size deemed appropriate by the Director of Community
Development.
ii. For Two Story Permits, Residential Design Review Permit, and Miscellaneous
Ministerial Permit applications, a color or black and white perspective drawing or
three‐dimensional (3‐D) photographic simulation of the proposed project, at
least 11 inches by 17 inches in size.
iii. Visual Representation is not required for applications that do not have a material
change in the physical appearance of the property.
G. Miscellaneous Ministerial Permit: For projects requiring notice of a Miscellaneous Ministerial
Permit, notice shall be mailed in accord with subsection 19.12.110A(4) and posted on the
property, fourteen calendar days prior to the date of action on the application.
19.28.040 Permits Required for Development.
Table 19.28.040 sets forth the planning permits required for development in the
Single‐ Family Residential district.
Table 19.28.040 Permits Required
Planning permit
required prior to
building permit Type of Project Approval
Authority
application
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A. None One‐story s Single‐family projects that does not
require
exception or variance from the requirements of this
Admin.
B. Minor Residential
1. One‐story encroachment into a required rear yard
setback, subject to requirements of Section
19.28.070
Permit, pursuant to Admin 2. One‐story extension of an existing side yard
nonconforming building wall line, subject to
requirements of Section
19.28.100 in all districts except R1‐a
Chapter 19.12,
Administration
3. One‐story project with a gable end of a roof
enclosing an attic space projecting outside the
building envelope, subject to requirements of
Section 19.28.070 or 19.28.080
4. New or expanded second story deck or balcony
with views into neighboring residential side or
rear yards in all districts except R1‐a or on any
project previously developed pursuant to
Government Code Section 65852.21
5. Any active or passive solar structure that requires
variation from the setback or height restrictions
of this chapter, provided that no such structure
shall infringe upon solar easements or adjoining
property owners
6. One or two‐story addition or new home on a
sloped single‐family residential lot with
development on building pads/graded areas with
actual slopes equal to or greater than 20% and
with total floor area ratio of all structures on the
lot greater than 35%
C. Director’s Minor
Modification, pursuant
to Chapter 19.12,
Administration
Encroachment of porch elements into the required
front yard setback in the R1‐a zone, subject to the
requirements of Section 19.28.100
Admin
D. Two‐Story Permit,
pursuant to Chapter
19.12, Administration
Two‐story addition or new two‐story home in all
districts that do not require Residential Design
Review per Section 19.28.040(I) except in an R1‐a
zone
Admin
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E.D Residential Design
Review, pursuant to
Chapter 19.12,
Administration
Two‐story addition or new two‐story home in all
districts except R1‐a where:
1. Second floor to first floor area ratio is greater
than 66%, except any second to first floor ratio
for development on building pads/graded
areas with actual slopes equal to or greater
than 20%; and/or
2. Where second story side yard setback(s) are
less than 15 feet to any interior side property
line
Admin. with
design review
Two‐story addition, new two‐story home, and/or
second story deck in the R1‐a zone PC
F. E Exception,
pursuant to
Chapter 19.12,
Administration &
Section 19.28.130 ,
Exceptions
One or two‐story project requesting an exception
from Sections 19.28.070 [Development Regulations
(Building)],
19.28.080 [Eichler R1‐e Building Design
Requirements], and/or 19.28.110 [Landscape
Requirements].
PC
G. F Hillside Exception,
pursuant to Chapter
19.12,
Administration
Development (area greater than 500 square feet) on
slopes greater than 30%
H. G Architectural and
Site Approval,
pursuant to Chapter
19.12,
Administration
One or two‐story addition or new home on a sloped
single‐family residential lot with development on
building pads/graded areas with actual slopes equal
to or greater than 20% and where the cut plus fill of
the site exceeds 2,500 cubic yards
I. H Conditional Use
Permit, pursuant to
Chapter 19.12,
Administration
Two‐story addition or new two‐story home in an R1
zoning district with an “i” suffix
J. I Single‐Story
Overlay District
Application,
pursuant to Chapter
19.12 ,
Administration
Establishment or removal of a Single‐Story Overlay
District in a Single Family Residential District
(Addition or removal of the “I” suffix in an R1
zoning district)
CC
K.J Miscellaneous
Ministerial Permit
1. New one or two‐story duplex project in an R1
zoning district pursuant to Government Code
Section 65852.21
2. New one or two‐story single‐family home,
secondary principal dwelling unit, or two‐story
addition in an R1 zoning district pursuant to
Government Code Section 65852.21
Admin
19.28.110 Single‐Family Residential Design Guidelines and Principles.
Any new single‐family residential house or addition to an existing house shall be generally consistent with
the adopted single‐family residential guidelines in Sections 19.28.110(A) and (B).
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A. Single‐Family Residential Design Guidelines for all projects.1, 2
1. There should shall not be a three‐car wide driveway curb cut.
2. No more than fifty percent of the front elevation of a house should shall consist of garage area,
unless the lot is not wide enough to accommodate.
a. In the R1‐a zone, the maximum width of a garage on the front elevation should shall be twenty‐
five feet, which will accommodate a two‐car garage. Additional garage spaces should shall only be
provided through the use of a tandem garage or a detached accessory structure at the rear of the
property.2
3. Usable Living area should shall be closer to the street, while garages should be set back more.
4. All roofs should shall have at least a one‐foot overhang.
5. Structures shall not have any mechanical, heating or cooling or associated piping installed on the
roof.
6. Porches are encouraged.
a. In the R1‐a zone, the following porch design guidelines apply2:
i. When viewed from the street, a porch should shall appear proportionately greater in
width than in height. A porch differs from an entry element, which has a proportionately
greater height than its width.
ii. Structural supports should shall be designed such that the appearance is not obtrusive or
massive.
iii. The use of large columns or pillars is discouraged.
iv. The eave height for a front porch should shall not be significantly taller than the eave
height of typical single‐story elements in the neighborhood.
v. Porch elements should shall have detailing that emphasizes the base and caps for posts
and fence elements.
7. In R1‐6e and R1‐a zones, entry features should shall not be higher than fourteen feet from natural
grade to plate.2
19.28.140 Findings.
Sections 19.28.140(A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit,
Two‐ Story Permit, Residential Design Review, and R‐1 Exception approval.
A. Minor Residential Permit Findings.
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1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinances and the purposes of this title.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare.
3. The proposed project is harmonious in scale and design with the general neighborhood.
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
B. Two‐Story Permit Findings.
1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning
ordinance and the purposes of this title.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare.
3. The proposed project is harmonious in scale and design with the general neighborhood.
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
C. B. Residential Design Review Findings.
1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinance and the purposes of this title.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare.
3. The project is harmonious in scale and design with the general neighborhood.
4. The project is consistent with the two‐story design principles and generally consistent with
the single‐ family residential design guidelines.
5. Adverse visual impacts on adjoining properties have been reasonably mitigated.
D. C. Residential Design Review Findings, R1‐a zone.
1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino
Municipal Code.
2. The granting of this permit will not result in detrimental or injurious conditions to the
property or improvements in the vicinity, or to the public health, safety, or welfare.
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Ordinance No.
Page 15
Attachment A‐ Page 15
3. The project is generally compatible with the established pattern of building forms, building
materials, and designs of homes in the neighborhood.
4. The project is generally compatible with the Cityʹs single‐family residential design guidelines
and the guidelines in this chapter and any inconsistencies have been found to not result in
impacts on neighbors.
5. Significant adverse visual and privacy impacts as viewed from adjoining properties have been
mitigated to the maximum extent possible.
E. D. R‐1 Exception Findings.
1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit
and intent of this chapter.
2. The proposed development will not be injurious to property or improvements in the area, nor
be detrimental to the public safety, health and welfare.
3. The exception to be granted is one that will require the least modification of the prescribed
design regulation and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in significant visual impact as viewed from abutting
properties.
2. Amendments to Title 19 concerning Accessory Dwelling Units
19.112.010 Purpose; Incorporation by Reference; Consistency with State Law.
The purpose of this chapter is to promote the goal of affordable housing within the City through provision
of additional housing in certain residential, agricultural residential, and mixed‐use zoning districts in a
manner which minimizes adverse impacts of accessory dwelling units on neighborhoods. Unless otherwise
defined in this Title, all terms used in this Chapter shall be defined and interpreted in accordance with
Government Code Sections 65852.2 and 65852.22. In the event of a conflict between this Chapter and the
requirements of State law, the requirements of State law, including the requirements of Government Code
Sections 65852.2 and 65852.22, shall prevail.
19.112.020 Accessory Dwelling Unit Regulations.
Notwithstanding any provision of this title to the contrary:
1. Accessory dwelling units are permitted on lots within any residential or mixed‐use
residential zoning district. The lot must have an existing single family dwelling unit or if
zoned multi‐family or mixed use residential, at least one residential unit. If the lot is vacant,
an accessory dwelling unit may only be proposed in conjunction with the development of at
least one residential unit. Notwithstanding the underlying zoning, an accessory dwelling
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Ordinance No.
Page 16
Attachment A‐ Page 16
unit developed pursuant to this chapter does not cause the lot upon which it is located to
exceed its maximum the allowable density on the lot.
2. Accessory dwelling units must comply with the site development regulations and guideline
specified in those zoning districts for dwelling units, including but not limited to: lot
coverage; floor area ratio; height; setbacks; landscape; the regulations contained in this
chapter; Chapter 19.100, Accessory Structures/Buildings; and Chapter 19.124, Parking; except
as those standards are modified by this chapter.
3. No impact fees, as defined in Government Code Section 65852.2(f)(3)(B), shall be imposed on
any accessory dwelling unit or junior accessory dwelling unit with a gross floor area of less
than 750 square feet. Impact fees for all other accessory dwelling units shall be charged in
compliance with State Law imposed on accessory dwelling units greater than or equal to 750
feet shall be charged proportionally in relation to the square footage of the primary dwelling
unit in compliance with Government Code Section 65852.2(f)(3)(A).
4. Accessory dwelling units are permitted on lots within any residential or mixed‐use
residential zoning district. The lot must have an existing single family dwelling unit or if
zoned multi‐family or mixed use residential, at least one residential unit. If the lot is vacant,
an accessory dwelling unit may only be proposed in conjunction with the development of at
least one residential unit. Notwithstanding the underlying zoning, an accessory dwelling
unit developed pursuant to this chapter does not cause the lot upon which it is located to
exceed its maximum the allowable density on the lot.
5. Accessory dwelling units must comply with the site development regulations and guideline
specified in those zoning districts for dwelling units, including but not limited to: lot
coverage; floor area ratio; height; setbacks; landscape; the regulations contained in this
chapter; Chapter 19.100, Accessory Structures/Buildings; and Chapter 19.124, Parking; except
as those standards are modified by this chapter.
19.112.030 Site Development Regulations for Streamlined Accessory Dwelling Units & Junior Accessory
Dwelling Units.
Pursuant to California Government Code Section 65852.2(e), the City shall approve the following
streamlined accessory dwelling units if the specified development standards and use restrictions are met,
as identified in:
A. Table 19.112.030A for single‐family residential uses developments and
B. Table 19.112.030B for multi‐family residential uses developments.
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units and
Junior Accessory Dwelling Units Associated with Single‐Family Residential Uses Developments
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Conversion of space within principal
dwelling unit or accessory structures
New Construction Attached or
Detached Accessory Dwelling
Unit ≤ 800 s.f.
1. Size of living space, exclusive of decks
a. Minimum
size
150 s.f.
b. Maximum
size
No size limitation as long as the unit:
i. Is wholly within the space of a proposed
or existing single‐family dwelling or the
existing space of an accessory structure,
and
ii. Does not require either:
• An addition of more than 150 square
feet to an existing accessory structure to
accommodate ingress and egress only, or
• Any addition to an existing single‐
family dwelling unit.
800 s.f.
2. Number of
Units
Two accessory dwelling units are allowed only if one of the accessory dwelling
units is a detached unit built pursuant to this Table 19.112.030A and the other is a
junior accessory dwelling unit. Otherwise, only one accessory dwelling unit is
allowed per lot.
Maximum three ADUs per lot in any combination of the following:
One attached ADU,
One conversion of existing space ADU (whether in principal dwelling unit
or existing accessory structure),
One detached ADU, or
One Junior ADU
3. Setbacks Per the underlying zoning district
except that if the existing structures do
not meet these standards, the side and
rear setbacks shall be sufficient for fire
safety and life safety.
a. At least four feet from the
rear and side lot lines.
a. An applicant alternately may
elect to follow the setback
and height standards for
accessory structures in
Chapter 19.100.
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4. Height The conversion shall not change the height
of the existing structure.
a. 16 feet or.
b. 18 feet for detached ADU
within half a mile walking
distance of a major transit
stop or transit corridor
defined in Section 21155 of
the Public Resources Code. 1
c. If accessory dwelling unit
attached to principal
dwelling, 25 feet or the
height limitations applicable
to the principal dwelling,
whichever is lower.
d. An applicant alternatively
may elect to follow the
height standards for
accessory structures in
Chapter 19.100.
5. Second‐story
accessory
dwelling unit
Allowed if the unit is a conversion of
existing second story portion of the
principal dwelling unit.
Not Allowed Allowed if accessory
dwelling is located within one half
mile walking distance of a major
transit stop or transit corridor;
6. Parking for
accessory
dwelling unit
None
7. Direct outside
access
Independent outdoor access must be provided without going through the
principal dwelling unit.
8. Separation
from principal
dwelling unit
The conversion must result in an
independent unit. With the exception of a
JADU that has a shared bathroom with the
principal dwelling unit, no interior doors or
other connections between the units are
permitted.
Detached from principal dwelling
unit
1 An additional two feet in height is permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with
the roof pitch of the primary dwelling unit.
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Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units
Associated with Existing Multi‐Family Residential Uses Developments
Conversion of interior space within
multifamily dwelling structures
New Construction Detached
Accessory Dwelling Unit
1. Location Conversion of space within existing
dwelling structures that is not used as
livable space (e.g. existing units) including,
but not limited to, storage rooms, boiler
rooms, passageways, attics, basements, or
garages, as long as the unit meets building
standards for dwellings.
Detached from the multi‐family
dwelling structure(s)
2. Number of
Units
The greater of:
25 percent of the existing number of
primary dwelling units, or
One accessory dwelling unit.
No more than two units
3. Minimum Size 150 s.f.
4. Maximum Size No size limitation 1,200 s.f.
5. Setbacks The accessory dwelling unit shall not
increase the size of the existing structure.
a. Located at least four feet
from the side and rear lot
lines.
b. An applicant alternately may
elect to follow the setback
and height standards for
accessory structures in
Chapter 19.100.
6. Height The accessory dwelling unit shall not
increase the size of the existing structure.
a. 16 feet 18 feet; or
b. 25 feet or the height
limitations applicable to the
principal dwelling,
whichever is lower if
accessory dwelling unit
attached to principal
dwelling
c.b. An applicant alternatively
may elect to follow the
setback and height standards
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for accessory structures in
Chapter 19.100.
7. Separation
from principal
dwelling units
The conversion must result in an
independent unit. No interior doors or
other connections between the units are
permitted.
Detached from principal dwelling
units.
(Ord. 20‐2199, § 5 (part), 2020; Ord. 17‐2170, § 4, 2018; Ord. 17‐2165, § 12, 2017; Ord. 16‐2159, § 8 (part), 2016;
Ord. 2085, § 2 (part), 2011)
19.112.040 Site Development Regulations for Non‐Streamlined Accessory Dwelling Units.
A. This section shall govern applications for ADUs and JADUs that do not qualify for approval under
Section 19.112.030 or Government Code section 65852.2(e)(1) and for which the city may impose
local standards pursuant to Government Code section 65852.2, subdivisions (a) through (d). Nothing
in this section shall be interpreted to prohibit an ADU of up to 800 square feet, at the heights stated
in Section 19.112.030(A) and .030(B), with a four‐foot side and rear setbacks.
B. The Development Standards for units governed by this section are provided in Section 19.112.040.
These regulations do not limit the height of existing structures converted into ADU/JADUs unless
the envelope of the building is proposed to be modified beyond any existing legal, non‐conforming
condition
Any accessory dwelling unit that does not meet the criteria of Section19.112.030 shall meet the following
development standards and use restrictions as identified in Table 19.112.040.
Table 19.112.040: Site Development Regulations for Non‐Streamlined Accessory Dwelling Units
Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
A. Number of
Units
Only one accessory dwelling unit pursuant to Table 19.112.040 is permitted and
cannot be combined with any accessory dwelling units pursuant to Table
19.112.030A.
B. Size of living space, exclusive of decks
1. Minimum
size
150 s.f.
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2. Maximum
size
a. Studios/one‐bedroom unit – 850 s.f.; two or more‐bedroom unit – 1,000
s.f.; and
b. Attached accessory dwelling units shall not exceed 50% of the existing
primary dwelling
c. Application of lot coverage, floor area, and open space standards:
i. Maximum size for units ≤ 800 s.f. shall not be limited by lot
coverage, floor area ratio, and open space requirements per the
underlying zoning.
ii. Maximum size for units > 800 s.f. are limited by lot coverage, floor
area ratio, and open space requirements per the underlying zoning.
These standards shall apply to the gross floor area of the unit
proposed. Notwithstanding application of these standards, an 800
s.f. detached accessory dwelling unit is permitted pursuant to
Table 19.112.030A or an 800 s.f. attached accessory dwelling unit is
permitted.
C. Setbacks Per the underlying zoning district, except
the required side and rear setbacks are
modified to four feet.
The proposed structure must
comply with the setback standards
for accessory structures in Chapter
19.100, except the street side
setbacks are modified to four feet.
D. Height 25 feet or the height limitations applicable
to the principal dwelling, whichever is
lower.
a. The proposed structure
must comply with the height
standards for accessory
structures in Chapter 19.100,
except that a maximum
height of 16 feet is allowed
at the farthest point of the
proposed structure from the
rear and side property lines.
b. 18 feet for detached ADU
within half a mile of a major
transit stop or transit
corridor or on a lot with an
existing multifamily,
multistory dwelling or;
c. If accessory dwelling unit
attached to principal
dwelling, 25 feet or the
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height limitations applicable
to the principal dwelling,
whichever is lower.
E. Second‐story
accessory
dwelling units
Not allowed Allowed if accessory dwelling
is:
a. Located within one half mile of a
major transit stop or transit
corridor; or
b. On a lot with an existing
multifamily, multistory dwelling; or
c. More than 800 s.f. and attached to
principal dwelling.
Not allowed Allowed if accessory
dwelling is located within one half
mile of a major transit stop or
transit corridor.
F. Parking
1. Parking for
accessory
dwelling unit
One additional off‐street parking space shall be provided, if the principal
dwelling unit has less than the minimum off‐street parking spaces for the
applicable residential zoning district in which it is located, as required in
Chapter 19.124 unless the accessory dwelling unit meets one of the following
requirements:
a. Located within one‐half (1/2) mile of a public transit stop; or
b. Located within one block of a car share vehicle pick‐up location; or
c. Located in an architecturally and historically significant historic
district; or
d. The occupant of the unit is not allowed/offered a required on‐street
parking permit; or
e. Located within one block of a car share vehicle pick‐up location; or
f. Is part of the proposed or existing primary residence or an accessory
structure.
2. Replacement
parking spaces
for existing
covered,
uncovered or
enclosed
parking spaces
converted to an
No replacement parking spaces are required.
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accessory
dwelling unit
G. Direct outside
access
Independent outdoor access must be provided without going through the
principal dwelling unit.
H. Screening from
public street
All access to accessory dwelling units shall be on a different wall plane than the
access to the principal dwelling unit.
I. Structure
Design
Should be compatible with the architectural style and materials of the principal
structure.
J. Separation from
principal
dwelling unit
The ADU must be an independent unit.
No interior doors or other connections
between the ADU and the principal
dwelling unit are permitted.
Detached from principal dwelling
unit.
1. No setback is required for an accessory dwelling unit located within existing living area or an
existing accessory structure, or an accessory dwelling unit that replaces an existing structure and
is located in the same location and to the same dimensions as the structure being replaced.
(Ord. 20‐2199, § 5 (part), 2020)
19.112.050 Review Process.
Applications for accessory dwelling units conforming to the requirements of this chapter shall be reviewed
ministerial without discretionary review and must be approved or denied within the time frame specified
in Government Code Section 65852.2.
(Ord. 20‐2199, § 5 (part), 2020; Ord. 16‐2159, § 8 (part), 2016)
19.112.060 Accessory Dwelling Units Prohibited on Certain Lots.
Notwithstanding Government Code Section 65852.2 or 65852.22 or any provision of this Chapter, no
accessory dwelling unit or a junior accessory dwelling unit shall be permitted on any lot in single‐
family residence district (R‐1 or RHS) if a lot split has been approved pursuant to Section 18.12.70 and one
or more residential units has been approved for construction pursuant to Section 19.28.150 or 19.40.090 (
Government Code Section 65852.21).
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TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by
Stats. 1974, Ch. 1536. )
DIVISION 1. PLANNING AND ZONING [65000 - 66301] ( Heading of Division 1 added by
Stats. 1974, Ch. 1536. )
CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by
Stats. 1965, Ch. 1880. )
65852.2.
GOVERNMENT CODE - GOV
ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow
single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The
designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling
units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local
water or sewer service provider regarding the adequacy of water and sewer services before designating an area where
accessory dwelling units may be permitted.
(B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that
is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot
size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling
unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling
unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and
zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary
residence, but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing
dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,
including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or
existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached
garages.
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(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50
percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same
location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion
of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for
an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same
location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory
dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310
of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or
enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the
construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in
this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was
unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use
pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or
per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem
parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon
specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet
parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed
in the existing primary dwelling.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved
ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or
serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a
completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or
serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-
family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the
accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application
to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior
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accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day
time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application
within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to
implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to
subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full
set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can
be remedied by the applicant.
(4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling
unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard
for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within
an architecturally and historically significant historic district.
(6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling
ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of
accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as
otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards
established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that
complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit
under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory
dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those
provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may
require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory
dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory
dwelling unit that was permitted between January 1, 2020, and January 1, 2025.
(C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals
of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions
applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.
(10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building
and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a
residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit
shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
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(b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a)
receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall
approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency
shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within
60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily
dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is
submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency
may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the
permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the
application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially
without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of
the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed
approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to
paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of
comments to the applicant with a list of items that are defective or deficient and a description of how the application can be
remedied by the applicant.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and
detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an
efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either
of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an
accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage,
floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not
permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in
compliance with all other local development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or
multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or
multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality
transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow
an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof
pitch of the primary dwelling unit.
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(iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory
dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling,
whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a
local agency to allow an accessory dwelling unit to exceed two stories.
(d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units
in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit.
(B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit.
(F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-
family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies
any other criteria listed in this paragraph.
(2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of
nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health
and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building
permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family
dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling
or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150
square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical
dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a
lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory
dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling
unit:
(i) A total floor area limitation of not more than 800 square feet.
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(ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of
subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as
livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each
unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow
up to 25 percent of the existing multifamily dwelling units.
(D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily
dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as
applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet.
(ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require
any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory
dwelling unit that satisfies the requirements of this subparagraph.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory
dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the
primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed
in the existing multifamily dwelling.
(4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family
lot, subject to the requirements of paragraph (8) of subdivision (a).
(5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term
longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite
wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified,
within the last 10 years.
(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for
the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to
construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not
limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include
requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing
with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new
residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service,
unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an
accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or
more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
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(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of
Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee
or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special
district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the
accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit
was constructed with a new single-family dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency,
special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit
and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be
proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage
fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of
Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of
providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less
restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and
Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings
to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the
local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before
taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the
following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance
that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the
department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution
with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the
department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider
whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or
clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living
facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent
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provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is
or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a
garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning
standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly
verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development
applicant or proponent and the public official prior to submittal.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory
dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior
accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments,
building departments, utilities, and special districts.
(10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for
permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses,
trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up
behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate
of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California
Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local
government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in
subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of
the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an
owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to
compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
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(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory
dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the
request is made.
(Amended (as amended by Stats. 2021, Ch. 343, Sec. 1) by Stats. 2022, Ch. 664, Sec. 2.5. (SB 897) Effective January 1, 2023.)
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TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by
Stats. 1974, Ch. 1536. )
DIVISION 1. PLANNING AND ZONING [65000 - 66301] ( Heading of Division 1 added by
Stats. 1974, Ch. 1536. )
CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by
Stats. 1965, Ch. 1880. )
65852.22.
GOVERNMENT CODE - GOV
ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory
dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of
a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences
with a single-family residence built, or proposed to be built, on the lot.
(2) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The
owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-
occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall
include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence,
including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family
residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of
the proposed or existing single-family residence.
(5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed
or existing single-family residence.
(B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling
unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory
dwelling unit.
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(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that
inspection, to determine if the junior accessory dwelling unit complies with applicable building standards.
(c) (1) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance
regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing.
The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days
from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit
application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-
family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory
dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling,
but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary
review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency
may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(2) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1), the permitting
agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list
of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to
the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to
public health and safety and that are not affected by the construction of the junior accessory dwelling unit.
(e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a
separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public
entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that
contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences
within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not.
(f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall
not be considered a separate or new dwelling unit.
(g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a
connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so
long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family
residence includes a junior accessory dwelling unit.
(h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit
to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of
subdivision (e) of Section 65852.2 and the requirements of this section.
(i) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a
single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation
facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(3) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior
accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments,
building departments, utilities, and special districts.
(Amended by Stats. 2022, Ch. 664, Sec. 4. (SB 897) Effective January 1, 2023.)
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