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PC 12-12-2023 Searchable Packet
CITY OF CUPERTINO PLANNING COMMISSION AGENDA 10350 Torre Avenue, Council Chamber and via Teleconference Teleconference Location Pursuant to Government Code section 54953(b)(2); 171 Ludlow Street, New York, NY 10002 Tuesday, December 12, 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. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall. Members of the audience who address the Commission must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 2) E-mail comments by 5:00 p.m. on Tuesday, December 12 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 To address the Commission, click on the link below to register in advance and access the meeting: Online Page 1 1 PC 12-12-2023 1 of 240 Planning Commission Agenda December 12, 2023 Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_RtboGiD8QLOZQaqTWrnguQ Phone Dial: 669-900-6833 and enter WEBINAR ID: 923 9897 7231 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) 213.19.144.110 (Amsterdam Netherlands) 213.244.140.110 (Germany) 103.122.166.55 (Australia Sydney) 103.122.167.55 (Australia Melbourne) 69.174.57.160 (Canada Toronto) 65.39.152.160 (Canada Vancouver) Meeting ID: 923 9897 7231 SIP: 92398977231@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Chair calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. Page 2 2 PC 12-12-2023 2 of 240 Planning Commission Agenda December 12, 2023 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1.Subject: Approve the November 14 Planning Commission minutes. Recommended Action: Approve the November 14 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 Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. 2.Subject: Application to consider the construction of a seven-unit townhome development and associated environmental review. The application includes demolition of an existing four-plex, subdivision for condominium purposes only, architectural review, and associated tree removal. (Application No(s): DP-2023-001, ASA-2023-002, TM-2023-001 & TR-2023-008; Applicant(s): Leon Hu of Top Mission Realty & Investment, Inc.; Location: 10046 Bianchi Way, APN: 359-07-021.) Page 3 3 PC 12-12-2023 3 of 240 Planning Commission Agenda December 12, 2023 Recommended Action: Staff recommends that the Planning Commission adopt the draft resolutions recommending that the City Council: 1. Find the project exempt from the California Environmental Quality Act (CEQA) and 2. Approve the following permits: a. Development Permit (DP-2023-001) (Attachment 1); b. Architectural & Site Approval Permit (ASA-2023-002) (Attachment 2); c. Tentative Final Map (TM-2023-001) (Attachment 3); and d. Tree Removal Permit (TR-2023-008) (Attachment 4). Staff Report 1 - Draft Resolution for DP-2023-001 2 - Draft Resolution for ASA-2023-002 3 - Draft Resolution for TM-2023-001 4 - Draft Resolution for TR-2023-008 5 - Arborist Report 6 - Letter from Jolie Houston, Esq. of Berliner Cohen, LLP dated August 15, 2023, and September 21, 2023 7 - Leon Townhome Notice of Exemption 8 - Project Plans 3.Subject: Sign Exception to allow two wall signs for a single tenant (Shane Co) at an existing retail building (Application No(s): EXC-2022-004; Applicant(s): Kevin Tallman, Shane Co.; Location: 19900 Stevens Creek Blvd.; APN: 369-05-044) Recommended Action: That the Planning Commission adopt the proposed draft resolution (Attachment A): 1. Finding the project exempt from CEQA; and 2. Approving a Sign Exception (EXC-2022-004) to allow a total of two wall signs. Staff Report 1 – Draft Resolution for EXC-2022-004 2 – Plan Set 3 – Customer Sign Presentation OLD BUSINESS - NONE NEW BUSINESS - NONE STAFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT 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 Page 4 4 PC 12-12-2023 4 of 240 Planning Commission Agenda December 12, 2023 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. Page 5 5 PC 12-12-2023 5 of 240 CITY OF CUPERTINO Agenda Item 23-12832 Agenda Date: 12/12/2023 Agenda #: 1. Subject: Approve the November 14 Planning Commission minutes. Approve the November 14 Planning Commission minutes. CITY OF CUPERTINO Printed on 12/7/2023Page 1 of 1 powered by Legistar™6 PC 12-12-2023 6 of 240 DRAFT MINUTES CUPERTINO PLANNING COMMISSION Tuesday, November 14, 2023 REGULAR MEETING At 6:45 p.m. Chair Steven Scharf called the Regular Planning Commission meeting to order and led the Pledge of Allegiance 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 May 23 Planning Commission minutes. Recommended Action: Approve the May 23 Planning Commission minutes. MOTION: Madhdhipatla moved and Lindskog seconded to approve the May 23 Planning Commission minutes. The motion carried with the following vote: Ayes: Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes: None. Abstain: None. Absent: None. POSTPONEMENTS – None ORAL COMMUNICATIONS San R discussed the frequency of Planning Commission meetings and informing the public on planned projects. WRITTEN COMMUNICATIONS – None CONSENT CALENDAR – None PUBLIC HEARINGS Deputy City Clerk, Lauren Sapudar reviewed distribution of copyrighted material associated with the review of development projects under SB 1214. 7 PC 12-12-2023 7 of 240 Planning Commission Minutes November 14, 2023 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) Written Communications for this item included staff and applicant presentations and emails to the Commission. Commissioners disclosed ex-parte communications with the applicant prior to deliberation on this matter. Assistant Community Development Director Luke Connolly introduced the item and Associate Planner Emi Sugiyama gave a presentation. Applicant Grace Stanat, on behalf of Tessellations, gave a presentation. Chair Scharf opened the public hearing and the following people spoke. Vic Menon Gill Doyle Denise Menon Bindeeya Desi Carl Fong Ravi Kuman Chris Jew, representing Cupertino Union School District Bill Kerr Lakshmi Syer Tatiana Mejia San R Mani Ramaswamy Geetha Mohan Ajith Dasari V S Jennifer Shearin, Parks and Recreation Commissioner (representing self) Li Zhang 8 PC 12-12-2023 8 of 240 Planning Commission Minutes November 14, 2023 Babu Srinivasan Michelle Dunn Miroslava Preza Mag L Chris Gerlach Chair Scharf closed the public hearing. Commissioners asked questions and made comments. 1. MOTION: Lindskog moved and Mistry seconded to adopt the Municipal Code Amendment (MCA-2023-003). The motion carried with the following vote: Ayes: Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes: None. Abstain: None. Absent: None. 2. MOTION: Lindskog moved and Fung seconded to approve the Conditional Use Permit (U-2023-002). The motion carried with the following vote: Ayes: Madhdhipatla, Fung, Lindskog, and Mistry. Noes: Scharf. Abstain: None. Absent: None. 3. MOTION: Lindskog moved and Mistry seconded to approve the Parking Exception (EXC-2023-009). The motion carried with the following vote: Ayes: Madhdhipatla, Fung, Lindskog, and Mistry. Noes: Scharf. None. Abstain: None. Absent: None. At 9:48 p.m., Chair Scharf recessed the meeting. The meeting reconvened at 9:57 p.m. with all Commissioners present. 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). Written communications for this item included a staff presentation and emails to the Commission. Planning Manager Piu Ghosh introduced the item and Senior Planner Gian Martire gave a 9 PC 12-12-2023 9 of 240 Planning Commission Minutes November 14, 2023 presentation. Chair Scharf opened the public hearing and the following people spoke. Jennifer Griffin San R Chair Scharf closed the public hearing. Commissioners asked questions and made comments. Staff, Consultant Kristy Weis with David J. Powers and Mike Rohde, representing Sand Hill Property Company answered questions. 1. MOTION: Scharf moved and Fung seconded to adopt the Third Addendum to an EIR and approve the Conditional Use Permit Amendment (M-2022-003). FRIENDLY AMENDMENT: Lindskog made a friendly amendment to add an additional requirement that five bike parking spaces be added per the Municipal Code within 50 feet of the building entrance. (Scharf and Fung accepted the friendly amendment). The motion as amended carried with the following vote: Ayes: Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes: None. Abstain: None. Absent: None. 2. MOTION: Scharf moved and Fung seconded to approve the Architectural and Site Approval Permit (ASA-2023-009). The motion carried with the following vote: Ayes: Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes: None. Abstain: None. Absent: None. 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) 10 PC 12-12-2023 10 of 240 Planning Commission Minutes November 14, 2023 Written communications for this item included a staff presentation and emails to the Commission. Senior Planner Gian Martire gave a presentation. Chair Scharf opened the public hearing and the following people spoke. Jean Bedord Jennifer Griffin San R Chair Scharf closed the public hearing. Commissioners asked questions and made comments. MOTION: Fung moved and Scharf seconded to adopt the draft resolution 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) FRIENDLY AMENDMENT: Lindskog made a friendly amendment: In Section 19.28.110(A)(5) Single-Family Residential Design Guidelines, mechanical and other equipment shall be screened from the public right of way. (Fung and Scharf accepted the friendly amendment) FRIENDLY AMENDMENT: Mistry made a friendly amendment: In Section 19.112, strike out reference to the additional height requirements that are within half a mile of transit corridor so that all ADUs will be able to be up to 18 feet in height. (Fung and Scharf accepted the friendly amendment). FRIENDLY AMENDMENT: Lindskog made a friendly amendment: In Section 19.112, replace up to three ADUs per lot in any combination of three Junior ADUs, three Attached ADUs, three Detached ADUs or three Conversion ADUs. (Fung accepted and Scharf declined the friendly amendment, and the amendment was not included in the motion). FRIENDLY AMENDMENT: Lindskog made a friendly amendment: In Section 19.112, Non-streamlined ADUs per lot would be maximum of the number of three ADUs and as many as the lot will allow. (Fung accepted and Scharf declined the friendly amendment, and the amendment was not included in the motion). The Commission did not vote on this motion. 11 PC 12-12-2023 11 of 240 Planning Commission Minutes November 14, 2023 SUBSTITUTE MOTION: Lindskog moved and Mistry seconded as modified to adopt the draft resolution 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), Modifications: 1. In Section 19.28.110(A)(5) Single-Family Residential Design Guidelines, mechanical and other equipment shall be screened from the public right of way; 2. In Table 19.112.030A(4), strike out reference to the additional height requirements that are within ½ mile of transit corridor so that all ADUs will be able to be up to 18 feet in height; 3. In Subsection 19.112.040A, Allow up to three Non-streamlined ADUs per lot and as many as the lot will allow. FRIENDLY AMENDMENT: Mistry made a friendly amendment to also Remove restrictions related to proximity to major transit stop and transit corridor thresholds for ADU height and second story allowances. (Lindskog accepted the friendly amendment). FRIENDLY AMENDMENT: Scharf made a friendly amendment to continue with the allowance of one Attached, one Detached, and one Junior ADU and not allow three of any combination. (Lindskog accepted the friendly amendment). The motion as modified carried with the following vote: Ayes: Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes: None. Abstain: None. Absent: None. MOTION SUMMARY: Linskog moved and Mistry seconded to: 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); Modifications: 1. Modify 19.28.110(A)(5) to read: Mechanical, heating or cooling equipment or associated piping installed on the roof shall be screened from the public right of way. 2. Table 19.112.030A(4): strike out reference to the additional height requirements that are within ½ mile of transit corridor so that all ADUs will be able to be up to 18 feet in height; 12 PC 12-12-2023 12 of 240 Planning Commission Minutes November 14, 2023 3. Table 19.112.030A(5), and 19.112.040(E) – Remove restrictions related to proximity to major transit stop and transit corridor thresholds for ADU height and second story allowances. 4. Modify Subsection 19.112.040A to read: A maximum of three ADUs per single-family lot in any combination of the following, subject to the underlying zoning standards for lot coverage, floor area, open space, and setback: a. No More than one attached ADU b. No More than one conversion of existing space ADU (whether in principal dwelling unit or existing accessory structure), c. No More than one detached ADU, or d. No More than one Junior ADU The motion as modified carried with the following vote: Ayes: Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes: None. Abstain: None. Absent: None. OLD BUSINESS - None NEW BUSINESS - None STAFF AND COMMISSION REPORTS Commissioners reported on their various activities and discussed upcoming events. FUTURE AGENDA SETTING Commissioners added the following future agenda items: - Review objective standards before they are established (Lindskog, Scharf, Madhdhipatla) - Balconies discussion (Scharf and Fung) - Review Housing Element response from the state and provide input on their draft (Unanimous) ADJOURNMENT At 11:41 p.m., Chair Scharf adjourned the Regular Planning Commission Meeting. Minutes prepared by: _______________________________ Lauren Sapudar, Deputy City Clerk 13 PC 12-12-2023 13 of 240 CITY OF CUPERTINO Agenda Item 23-12848 Agenda Date: 12/12/2023 Agenda #: 2. Subject: Application to consider the construction of a seven-unit townhome development and associated environmental review. The application includes demolition of an existing four-plex, subdivision for condominium purposes only, architectural review, and associated tree removal. (Application No(s): DP-2023-001, ASA-2023-002, TM-2023-001 & TR-2023-008; Applicant(s): Leon Hu of Top Mission Realty & Investment, Inc.; Location: 10046 Bianchi Way, APN: 359-07-021.) Staff recommends that the Planning Commission adopt the draft resolutions recommending that the City Council: 1. Find the project exempt from the California Environmental Quality Act (CEQA) and 2. Approve the following permits: a. Development Permit (DP-2023-001) (Attachment 1); b. Architectural & Site Approval Permit (ASA-2023-002) (Attachment 2); c. Tentative Final Map (TM-2023-001) (Attachment 3); and d. Tree Removal Permit (TR-2023-008) (Attachment 4). CITY OF CUPERTINO Printed on 12/7/2023Page 1 of 1 powered by Legistar™14 PC 12-12-2023 14 of 240 PLANNING COMMISSION STAFF REPORT Meeting: December 12, 2023 Subject Application to consider the construction of a seven-unit townhome development and associated environmental review. The application includes demolition of an existing four-plex, subdivision for condominium purposes only, architectural review, and associated tree removal. (Application No(s): DP-2023-001, ASA-2023-002, TM-2023-001 & TR-2023-008; Applicant(s): Leon Hu of Top Mission Realty & Investment, Inc.; Location: 10046 Bianchi Way, APN: 359-07-021.) Recommended Actions Staff recommends that the Planning Commission adopt the draft resolutions recommending that the City Council: 1. Find the project exempt from the California Environmental Quality Act (CEQA) and 2. Approve the following permits: a. Development Permit (DP-2023-001) (Attachment 1); b. Architectural & Site Approval Permit (ASA-2023-002) (Attachment 2); c. Tentative Final Map (TM-2023-001) (Attachment 3); and d. Tree Removal Permit (TR-2023-008) (Attachment 4). Background: Application Requests On January 30, 2023, the City received an application from Top Mission Realty & Investment, Inc., for a preliminary application under Senate Bill (SB) 3301 for the proposed Leon Townhouse development. SB 330 allows applicants to submit their project application within 180 days of their preliminary application. Concurrently, on January 30, 2023, the City received an application to redevelop the existing four-unit residential 1 Under SB 330, a housing development project is generally subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. (Gov. Code, § 65589.5(o).) 15 PC 12-12-2023 15 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 2 duplex located at 10046 Bianchi Way with seven new townhomes on the 0.34 gross-acre, rectangular lot. The primary components of the project are listed below. (See Attachment 82 for site plan): Two residential buildings: o Building A is a three-story building with 4 attached townhomes, located in the eastern portion of the site. o Building B is a three-story building with 3 attached townhomes. The townhomes front Bianchi Way in the western portion of the site. Units range in size from 2,067 to 2,089 square feet, with approximately 400 square-foot two car garages. New public sidewalk with landscaped parkway and street trees. 76 square-foot area reserved for future public art installment. 13 onsite and offsite tree replacements, to offset the removal of 10 protected development trees. A tentative final map for condominium purposes for the division of air space to create 7 townhomes. Based on State Density Bonus Law, the applicant is requesting a density bonus, reduction of parking requirements, and density bonus waivers from setbacks, common open space and service access requirements. The following City permits are required: Development, Architectural and Site Approval, Tree Removal, and a Tentative Final Map. Project Data: 2 Due to limitations of state law ((Government Code § 65103.5 (SB 1214)), the distribution of copyrigh ted material associated with the review of development projects is limited. Plans have been emailed under separate cover to allow the Commissioners to review the proposed plans. Commissioners and Councilmembers cannot share plans with outside parties, incl uding community members. The public is able to make an appointment with the Planning Division to view these plans at City Hall. General Plan Land Use Designation Commercial / Office / Residential Special Planning Area Heart of the City Specific Plan (HOC) (Crossroads subarea) Zoning Designation P(CG, Res) Lot Area (Gross) 14,975 Square Feet 16 PC 12-12-2023 16 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 3 Site and Location Description The project site is currently developed with two single -story residential structures. The four-unit development is a rental property operating on a month-to-month lease 3 Front zoning standards are per P zoning since there are no front setbacks identified in the Heart of the City Specific Plan for properties with frontage on Bianchi Lane. However, the P zoning requires the use of the standards in the R-3 zoning district in such instances. 4 Parking required for the Residential units per the Municipal Code is 2.8 spaces per unit for a total of 20 spaces. However, Density Bonus law (Govt. Code Section 65915(p)) allows applicants to propose different parking standards by number of bedrooms per unit, ranging between 0.5 space for studio/one -bedroom units to 2.5 spaces for units with 4 or more bedrooms. Thus, while the applicant’s minimum parking requirement is 11 spaces (1.5 spaces/per unit with two to three bedrooms), they are proposing 14. Allowed/Required Proposed Maximum units based on General Plan 8.5 (round up to 9) 7 Height of Structures Up to 45 feet 30 Setbacks Front (per P zoning)3 20 feet from new property line 6 feet from new property line (Waiver Requested) Side (per HOC - Minimum One- half (1/2) the height of the building or ten (10) feet, whichever is greater) 15 Feet 10 Feet (Waiver Requested) Rear (per HOC - one and one-half (1.5) times the height of the building with a minimum setback of 20 feet) 45 Feet 12 Feet (Waiver Requested) Parking (per Municipal Code) 20 Spaces 4 14 Spaces (Parking Reduction requested under State Density Bonus) Private Open Space (s.f. per unit) 60 s.f. per unit Between 127 s.f. – 150 s.f. Common Open Space per Heart of the City Residential (150 s.f. per unit) 1,050 s.f. none (Waiver Requested) Project Consistency with: General Plan: Yes Zoning: Density Bonus waivers requested for building setbacks, common open space, etc. Density Bonus law parking standards proposed for project 17 PC 12-12-2023 17 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 4 agreement and is currently occupied by renters. The rental property is not registered in the City’s below market rate (BMR) program, and not operated as rent-controlled or income-restricted units. Therefore, any rental dwelling units vacated or demolished preceding this application are not subject to replacement of affordable units in accordance with Government Code Section 65915(c)(3). The site is located in the Heart of the City Specific Plan Special Area; within the Crossroads subarea. The lot size is just under three-eighths of an acre and bounded by Stevens Creek Boulevard to the north, Bandley Drive to the east, Pepper Tree Lane to the south and south Stelling Road to the west (Figure 1). The surrounding uses are: North: Cupertino Acupuncture and Chinese Medicine. West: mix of commercial and residential uses (8-unit townhome development, duplex and small-lot single-family.) South: 24-unit multi-family (rental) housing development operated by Mid- Peninsula Housing Corp. (Cupertino Community Housing for the disabled). East: Union Church of Cupertino and associated education center and music academy. Analysis: General Plan Compliance The proposed use is consistent with the General Plan Land Use Designation of Commercial/Residential. The site is located in the Heart of the City Special Area — Figure 1 Project area Stevens Creek Blvd. S. S t e l l i n g R d . Bi a n c h i W a y N Union Church Faria Elementary School 18 PC 12-12-2023 18 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 5 Crossroads Subarea. The primary use of the Crossroads Area is commercial/retail, with a supporting use of residential located behind primary uses. The subject site is located on a residential street off Stevens Creek Blvd Corridor, behind a commercially used lot. The site has a maximum residential potential of nine units (rounded up from 8.5 units) based on a maximum density of 25 dwelling units per acre. The seven units proposed are consistent with what is allowed by the General Plan. The General Plan’s Community Form Diagram establishes heights and setbacks for development on sites within each of the Special Areas. The proposed development is located in the Crossroads Area within the Heart of the City Specific Plan, which permits structures up to 45-feet tall. The proposed buildings are approximately 30 feet in height, with density bonus waiver requests from the minimum required setback standards. The waiver requests will be discussed in further detail in the Density Bonus Section of this Staff Report. Staff has evaluated the project’s consistency with the General Plan and concludes that based on the conformance with the General Plan Land Use designation for the site and the minimal environmental impacts of the project, the proposed project supports several of the City’s General Plan Policies and implements several General Plan strategies to achieve these policies including: Policy LU-2.2: Pedestrian-Oriented Public Spaces. Require developments to incorporate pedestrian-scaled elements along the street and within the development such as parks, plazas, active uses along the street, active uses, entries, outdoor dining & public art. Policy LU-3.3: Building Design. Ensure that building layouts and design are compatible with the surrounding environment and enhance the streetscape and pedestrian activity. Strategy LU-3.3.1: Attractive Design. Emphasize attractive building and site design by paying careful attention to building scale, mass, placement, architecture, materials, landscaping, screening of equipment, loading areas, signage and other design considerations. Strategy LU-3.3.5: Building Location. Encourage building location and entries closer to the street while meeting appropriate landscaping and setback requirements. Strategy LU-3.3.6: Architecture and Articulation. Promote high-quality architecture, appropriate building articulation and use of special materials and architectural detailing to enhance visual interest. Strategy LU-3.3.10: Entrances. In multi-family projects where residential uses may front on streets, require pedestrian-scaled elements such as entries, stoops and porches along the street. 19 PC 12-12-2023 19 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 6 Strategy LU-27.1.3: Flexibility. When neighborhoods are in transition, add flexibility for requirements for new development that acknowledge the transition while continuing to respect the existing neighborhood. Policy LU-27.2: Relationship to the street. Ensure that new development in and adjacent to neighborhoods improve the walkability of neighborhoods by providing inviting entries, stoops and porches along the street frontage, compatible building design and reducing visual impacts of garages. Policy INF 2.4.2 Development. Require undergrounding of all utility lines in new developments and highly encourage undergrounding in remodels or redevelopment of major projects. Strategy HE-1.3.4: Flexible Development Standards. - The City recognizes the need to encourage a range of housing options in the community. The City will continue to: o Offer flexible residential development standards in planned residential zoning districts, such as smaller lot sizes, lot widths, floor area ratios and setbacks, particularly for higher density and attached housing developments. Strategy HE-2.3.7: Density Bonus Ordinance. - The City will encourage use of density bonuses and incentives, as applicable, for housing developments which include: o At least 10 percent of the housing units in a for-sale common interest development are restricted to moderate income residents. Density Bonus and Waiver Requests The project includes requests through State density bonus law, for parking reduction and waivers, from setbacks, common open space and service access requirements. Section 19.56.070 of the City’s Density Bonus Ordinance (“Findings") requires that, before approving an application which includes a request for a density bonus, waiver or reduction in parking standards, the decision-making body must determine that the proposal is consistent with State Density Bonus Law by making the following findings, as applicable: 1. That the housing development is eligible for the density bonus requested and any incentives or concessions, waivers or reductions in parking standards requested. 2. That the development standard(s) for which the waiver(s) are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted if a waiver is requested. The City may not deny a waiver of a development standard that would physically preclude the construction of the project as it is designed unless the waiver or reduction would have a specific, adverse impact upon health or safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or would have an 20 PC 12-12-2023 20 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 7 adverse impact on any real property that is listed in t he California Register of Historical Resources. By providing one unit (14% of the total) affordable to households at median income levels, the project is eligible for a Density Bonus under state law. However, the applicant is not requesting a Density Bonus (i.e. additional market rate units by providing some number of affordable units), as allowed pursuant to Government Code Section 65915(f)5. Instead, since the project is consistent with Density Bonus law, the project is eligible for incentives/concessions, waivers and reductions in parking standards allowed under Density Bonus law. The applicant has proposed six waivers, one concession and a reduction in parking standards. Density Bonus Parking Reduction While the Municipal Code requires the project to provide 2.8 parking spaces per unit for a total of 20 spaces, projects eligible for a State Density Bonus are also entitled to a reduction of required residential parking. In this case, while the applicant is allowed to provide only 11 residential parking spaces under the provisions of state law, the project includes 14 residential spaces. (Please see detailed discussion in the Parking Analysis section). Waivers Requested As a density bonus project, the applicant may request an unlimited number of waivers, or reduction of development standards, that would otherwise have the effect of physically precluding the construction of the proposed project (Government Code Section 65915(e)). The applicant has requested 6 waivers as follows: 5 Per Section 65915(f): For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, county, or city and county, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b). 21 PC 12-12-2023 21 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 8 1. Front Setback: Since the property is zoned Planned Development, when no standards are identified in the underlying zoning district (Heart of the City Specific Plan in this case), the standards default to the multi-family (R3) zoning district development standards. Per R3 zoning, the property requires a minimum 20-foot front setback. The applicant is requesting waivers to allow building B to encroach into the required 20-foot front setback (see Figure 2, Building B below) as follows: o Building B would be 6 feet from the new property line at the second story level but at least 9-feet at the first and third floor levels. Implementing the front setback would require a redesign of the project and possibly a loss of units or much smaller units in the development. 2. Rear Setback: Heart of the City Specific Plan requires that new development be setback at a distance equal to 1.5 times the height of the building, with a minimum setback of 20 feet. The applicant is requesting a waiver to allow building A to encroach into the required 15-foot rear setback (see Figure 3) by providing a 12-foot setback from the rear property line at the second-story level but at least 15-feet at the first and third-floor levels. Figure 2: Front Setback Waiver request. Red portion unbuildable without waiver. Figure 3: Rear setback waiver request. Red hatched portions unbuildable without waiver. 22 PC 12-12-2023 22 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 9 Imposing the rear setback, as indicated in Figure 4, would mean a significant redesign of the project or a loss of units. 3. Side setback: Heart of the City Specific Plan requires a minimum side setback of 1/2 the height of the building or 10 feet, whichever is greater. The applicant is requesting a waiver as follows (see Figure 4): o Building A would have reduced side setbacks of 10 feet on both sides, where 15 feet is required. o Building B would have a: Reduced left (north) side setback of 10 feet, where 15 feet is required. Compliant right (south) side setback of 28 feet 6-inches, with no waivers. Without this waiver portions to both Buildings A and B will be unable to be built. 4. Building Design, Forms: Heart of the City Specific Plan requires buildings adjacent to residentially developed parcels, to be stepped back, or terraced, at a 1.5:1 to height ratio if minimum setbacks cannot be provided. The applicant is requesting that this standard be waived since this would eliminate the green portions (indicated in Figure 5) of Building A on the south side, precluding the development as designed. Additionally, a waiver of this standard will not affect the neighboring site that shares the right side (south) property line. This neighboring lot is zoned P(CG, RES), however it is currently used as a surface parking lot (with carports) for 10092 Bianchi Way—to provide parking for the multi-family housing development (see Figure 1). 5. Common Open Space: Heart of the City Specific Plan requires residential common open space at 150 s.f. per unit, which would be 1,050 sq.ft. of residential common open space for the proposed project. The applicant is requesting that this standard be waived in its entirety, i.e., the development would not have any common open space. A waiver to the design standards for landscaped common space (2.01.010.G.1) and common hardscape space (2.01.010.G.2) is also requested, since these standards are contingent upon the provision of Common Open Space, which the proposed project Figure 4: Side setback waiver for buildings A & B. Red areas indicate portions of buildings within the side setback area. BLD B BLD A Figure 5: Side setback and Building Form waivers. Red areas are within side setback; Green areas are within slope line area adjacent to residential development. 23 PC 12-12-2023 23 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 10 is not providing. Therefore, waivers are requested from Sections 1.01.040.C.2.a, 1.01.040.C.2.a, and 2.01.010.G1 of the Heart of the City Specific Plan. 6. Service Access: Heart of the City Specific Plan requires service access to be provided from rear parking areas. All access to and from this site is from Bianchi Way facing the front property line, no other property lines border a public or private street. While the residential trash and recycling pick up will take place on the street, and this would not pose an issue with the proposed project, the applicant, nonetheless, is requesting that this standard be waived for this project. As part of the application, the justification of the waivers (front, side and rear setbacks, common open space, and service access) was provided by the applicant in two letters, both submitted by Jolie Houston, Esq. of Berliner Cohen, LLP dated August 15, 2023, and September 21, 2023 (Attachment 6). In reviewing the justification letters and exhibits, imposing the City’s setbacks, common open space and service access requirements would physically preclude development of Buildings A and B, as proposed. Therefore, the City must approve the proposed waivers to comply with State Density Bonus Law. (Under State Density Bonus Law, the City may not deny a proposed project based on the theory that another project, with a similar number of units, might be designed differently and accommodated without waivers of development standards.) Compliance with BMR Manual Requirements Please refer to Attachment 6 for a full description of the Below Market Rate (BMR) programming of the Leon Townhome development. A condition of approval requires that, prior to occupancy, the applicant record a regulatory agreement with the City requiring that one (1) BMR unit be for sale to median income households and remain affordable to median income households for a period of 99 years. The City’s BMR Manual requires that BMR units: Shall be comparable to market rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction. Size should be generally representative of the unit sizes within the market-rate portion of residential project. Interior features and finishes shall be durable, of good quality and consistent with contemporary standards for new housing. All seven units in the proposed development, including the one BMR unit, are 3 bedrooms, with 1 den and 3.5 bathrooms. Three of the market rate units are 7 to 22 square feet larger than the three remaining market rate units and one BMR unit (2,067 square feet). The exterior finishes of the BMR units will be the same as the Market rate units, since they are a part of the same building. However, as allowed in the BMR manual, the 24 PC 12-12-2023 24 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 11 affordable units may have different interior finishes. The Affordable Unit Plan (see Attachment 8, sheet A3.0), notes that, “interior features and finishes shall be durable, of good quality and consistent with contemporary standard for new housing”. Tree Removal and Replacement The development proposes to remove 7 protected development trees from the site. Both the applicant’s and the City’s consulting arborists evaluated the 7 trees on the site, and 1 off-site tree located at the neighboring property along the south (right) property line. Out of the 7 trees surveyed, 5 trees (#1, 6, 7, 8 and 9) were identified as being directly impacted by development and would therefore require removal. Two trees (#5 and #10) were determined to be in poor condition and the anticipated impact to these weakened trees from demolition and construction activities will require their removal. Three non-native trees (#2, 3 and 4) have previously been removed from the site and are being addressed retroactively through this permit. One off-site tree, a Monterey Cypress (#11), has been evaluated and is proposed to be retained. The arborist report has made recommendations to minimize the impacts to this tree, as much as possible. The plans do not indicate any demolition within the tree’s 6-foot structural rootzone. However, there is proposed demolition of the existing driveway that occurs within the 12-foot critical root zone (CRZ). The arborist report recommends that all excavation within the CRZ must be hand- dug or performed by air spade with the project arborist on site. The project conditions of approval will incorporate and implement all mitigation measures outlined in the arborist report. Based on the Replacement Tree Guidelines chart provided in section 14.18.160, the replacement requirements for all 10 trees are either 18 - 24” box trees and one 36” box tree or 10 - 36” box trees. It is the recommendation of both the applicant and city arborist that the smallest tree size be planted on site, as the “smaller the tree, the faster it will usually develop, as it is under less stress than a larger transplanted tree”. However, due to the high-density nature of the project, since no more than ten plantings can be accommodated on site, the applicant will pay an in-lieu fee for the remaining 8 replacement trees. The applicant proposes to replace the removed trees with ten 24” box trees on site. The proposed tree species include 5 on-site Jerusalem Thorn and 5 on-site Blue Oak. Additionally, the applicant has proposed 3 off-site white flowering, dogwood trees within the new landscaped parkways and 3 off-site in the public right-of-way. Density Bonus Incentive: The applicant has requested a concession to remove tree #9 – a 38.5-inch Coast Live Oak tree. However, the application includes a tree removal permit to remove all trees on site. The coast live oak meets the grounds for removal established in 14.18.180 (1) …that the tree can cause potential damage to existing or proposed essential 25 PC 12-12-2023 25 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 12 structures. The arborist report outlines that the planned construction is scheduled to have excavation within less than 7 ft of this tree’s trunk, trenching right through the middle of the 17-foot structural root zone causing severe risk to health and structural integrity of the oak tree (sheet A1.3 in Attachment 8, Project Plan Set). Per CMC 14.18.160 Tree Replacement, the applicant is required to replace and/or pay an in- lieu tree replacement fee for trees with a trunk size greater than thirty-six inches, based upon the valuation of the removed tree by using the most recent edition of the ISA Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers. The Arborist Report outlines the tree valuation for the remaining eight 24” box replacement trees and Tree #9 (assessed using the most recent ISA Guide) at $27,450.00, to be paid toward the in-lieu tree replacement fee. Further outlined by the applicant in attachment 6, retention of tree #9 would result in an approximate loss of $6 million to the applicant due to the loss of three units. Removal of tree #9 meets the requirements of the tree removal application and replacement standards per CMC 14.18.160(B)(3) in-lieu tree replacement fee. Staff recommends that Tree #9 be removed but that a condition of approval requiring the payment of in-lieu of tree replacement fees to demonstrate compliance with Municipal Code requirements. Payment of the fee would not have the effect of physically precluding the Project; and would result in an approximately $5.9 million cost savings for the applicant, plus any costs necessary to build infrastructure needed to protect the tree during construction. While the applicant does not need an incentive from the City to allow removal of this tree, the City is required to approve this incentive under State Density Bonus law. Parking Analysis The City’s Density Bonus Ordinance, in compliance with State Law, allows density bonus projects the option to use alternate parking standards for all residential units (market- rate and affordable) based on bedroom count. Since at least 10% of the total base residential units of the housing development would be sold to persons and families of moderate income, as previously indicated, State Law allows a reduction in parking standards provided that all units in the development are offered to the public for purchase. For units with 2 and 3 bedrooms6, no more than 1.5 onsite spaces per unit can be required. Therefore, the City may not require more than 11 parking spaces for the 6 Government Code 65915(p) (Density Bonus law) has been updated again after the City last updated Chapter 19.52 of the Municipal Code. The City must adhere to the requirements of state law. Therefore, while the Chapter 19.52 indicates that 2 and 3 bedroom units must provide 2 spaces per unit, state law only requires the provision of up to 1.5 spaces per unit. 26 PC 12-12-2023 26 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 13 proposed project. However, the applicant proposes 14 covered parking spaces, which adequately meet the parking requirements of the proposed project. Architectural and Site Approval The project proposes access via a two-way driveway off Bianchi Lane. Three of the seven townhomes will have front porches and stoops facing Bianchi Lane. The remaining four will be located along the shared driveway on the east property line. The design of the structures are modern with architectural articulation on the east and west elevations of both buildings. There is less physical architectural articulation on the north and south elevations of the two buildings to respect the minimum setbacks proposed, however, the structures incorporate the use of change in colors in paint and materials to bring architectural interest of the structures. The project applied for permits under SB330 and therefore, the City can only apply objective design standards to the design of the buildings. The City currently does not have any adopted objective design standards. Therefore, the City cannot impose any subjective design standards. Tentative Final Map The project is currently one parcel. The application for the Tentative Final Map includes a condominium map for the 7 townhomes with access easements from Bianchi Way for each of the units. A condition of approval has been added to the Tentative Final Map that would require dedication of reciprocal easements for public access, emergency vehicle access, public service, and public sewer easements. Housing Accountability Act The Housing Accountability Act (HAA) (Gov. Code, § 65589.5) limits the ability of a city to deny or impose certain conditions on a housing development project when the project complies with applicable, objective general plan, zoning, and subdivision standards and criteria. This project is a “housing development project” under the HAA because it is a development consisting of only residential uses. When a project complies with objective standards, the HAA allows a city to disapprove the project or to impose a condition that the project be developed at a lower density only if the city finds both of the following, supported by a preponderance of the evidence in the record: 1. The project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density; and 2. No feasible method to satisfactorily mitigate or avoid the adverse impact exists. 27 PC 12-12-2023 27 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 14 The project, as proposed, meets all applicable objective zoning, General Plan, and subdivision standards. Based on the record, including the findings in the Notice of Exemption, staff does not believe the above findings can be made with respect to the proposed project. Public Art A public art easement has been recorded on the tentative final map. The easement is located at the north-west corner of the property. While public art details have not been included in this permit application, staff will review the public art proposal with the property owner at the time the applicant applies for an ap plication for public artwork. This must occur prior to certificates of occupancy for any of the residential units. Once submitted, the application will be brought before the Arts and Culture Commission for review and approval. The applicant must install the public art prior to certificates of occupancy being issued on more than 50% of the units in each of the two buildings – i.e., no more than 1 unit in Building B and no more than 2 units in Building A. Other Department/Agency Review The City’s Building Division, Public Works Department, Environmental Services Division, City Consulting Arborist, Cupertino Sanitary District, and the Santa Clara County Fire Department have reviewed and conditioned the project. Environmental Review As required by the City’s Municipal Code, the applicant submitted a Phase I Environmental Site Assessment (ESA) prepared in August of 2020, which did not reveal evidence of Recognized Environmental Conditions (RECs) at the project site. The Phase I ESA was peer reviewed by the City’s consulting environmental specialist, PlaceWorks, who concurred with this conclusion. The project will be conditioned to comply with the Environmental Standards adopted by the City pursuant to Chapter 17.04 of the Municipal Code. A Notice of Exemption (Attachment 7) has been prepared to demonstrate compliance with California Environmental Quality Act (CEQA) and CEQA Guidelines as it pertains to the redevelopment of the site. The project scope falls within the Class 32 CEQ A Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects) and it has been determined that, the project will not result in any significant effects on the environment. Public Outreach and Noticing The following table is a brief summary of the noticing for this project: 28 PC 12-12-2023 28 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 15 Notice of Public Hearing, Site Notice & Legal Ad Agenda Site Signage (14 days prior to the hearing) Legal ad placed in newspaper (at least 10 days prior to the hearing) Public hearing notices were mailed to property owners within 300 feet of the project site (10 days prior to the hearing) The applicant is preparing to host a Neighborhood Meeting in January 2024. Posted on the City’s official notice bulletin board (two weeks prior to the hearing) Posted on the City of Cupertino’s website (one week prior to the hearing) As of the date of this staff report, no public comment has been received. Public Comment No public comments have been received at this time. Conclusion Staff recommends approval of the project because the project and conditions of approval addressed concerns related to the proposed development and all of the findings for approval of the proposed project, consistent with Chapters 14.18, 18.28, 19.56, 19.156, and 19.168 of the Cupertino Municipal Code, could be made. Concerning the development’s setbacks, common open space and service access waivers—evidence in the record demonstrated that the project met the standards for granting the waivers under the State Density Bonus Law. Next Steps The Planning Commission’s recommendation will be forwarded to the City Council for its decision on the project. The City Council’s decision will be final unless reconsidered within 10 days of the decision. If the project is approved, the applicant may apply for building permits at that time. Prepared by: Danielle Condit, Associate Planner Reviewed by: Piu Ghosh, Planning Manager Luke Connolly, Assistant Director of Community Development Approved for submission by: Benjamin Fu, Director of Community Development ATTACHMENTS: 1 – Draft Resolution for DP-2023-001 2 – Draft Resolution for ASA-2023-002 29 PC 12-12-2023 29 of 240 DP-2023-001, ASA-2023-002, Leon Townhouse December 12, 2023 TM-2023-001, TR-2023-008 10046 Bianchi Way Page 16 3 – Draft Resolution for TM-2023-001 4 – Draft Resolution for TR-2023-008 5 – Arborist Report 6 – Letter from Jolie Houston, Esq. of Berliner Cohen, LLP dated August 15, 2023, and September 21, 2023 7 – Leon Townhome Notice of Exemption 8 – Project Plans 30 PC 12-12-2023 30 of 240 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. XX-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF DEVELOPMENT PERMIT FOR A SEVEN (7) UNIT TOWNHOME DEVELOPMENT LOCATED AT 10046 BIANCHI WAY 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”) under Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects); the proposed residential development will only produce three net new units and it can be seen that it is compatible with the general plan designation in both use and density allowance on the site; and that none of the exceptions in CEQA Guidelines section 15300.2 apply. 2. Approve the Development Permit (DP-2023-001) as indicated in Exhibit A. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 12th day of December 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 31 PC 12-12-2023 31 of 240 Exhibit A Page 2 Page 2 of 33 RESOLUTION NO. A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING A DEVELOPMENT PERMIT FOR A SEVEN (7) UNIT TOWNHOME DEVELOPMENT LOCATED AT 10046 BIANCHI WAY (APN: 359-07-021) SECTION I: PROJECT DESCRIPTION Application No.: DP-2023-001 Applicant: Leon Hu of Top Mission Realty & Investment, Inc. Location: 22690 Stevens Creek Boulevard; APN 359-07-021 SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: WHEREAS, the City of Cupertino received an application for a Development Permit (Application No. DP-2023-001) 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") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the project has been determined exempt under Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects); and WHEREAS, on December 12, 2023, the Planning Commission recommended on a X-X-X vote that the City Council approve the Development Permit (DP-2023-001) in substantially similar form to the Resolution presented (Resolution No. 20), approve the Architectural and Site Approval Permit (ASA-2023-002) in substantially similar form to the Resolution presented(Resolution No. 21), approve the Tentative Final Map (TM-2023- 001) in substantially similar form the Resolution presented (Resolution No.22) and approve the Tree Removal Permit (TR-2023-008) in substantially similar form to the Resolution presented (Resolution No. 23) except as may be further amended by conditions in this resolution; and WHEREAS, all necessary public notices having been given as required by the Procedural Ordinance of the City of Cupertino and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and on XX XX, 2024, the City Council held a public hearing to consider the Development Permit; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit. 32 PC 12-12-2023 32 of 240 Exhibit A Page 3 Page 3 of 33 WHEREAS, the City Council finds as follows with regard to this application: 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 current neighborhood character is a predominant pattern of residential use. Bianchi Way is accessed from Steven’s Creek Blvd. and is an approximately .06-mile cul-de-sac with ten parcel frontages along Bianchi Way. Of the ten parcels, eight are one-hundred percent residential use. The current residential uses are of similar densities, and blend of ownership and rental properties. The two remaining lots are commercial use with frontages on both Bianchi Way and Stevens Creek Blvd; both site’s parking lots are accessed from Stevens Creek Blvd and avoid Bianchi Way. The project scope has been determined to fall within Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects). The incorporated conditions of approval into the project will further mitigate potential impacts and therefore 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. 2. The proposed development will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the City’s zoning ordinances. The General Plan land use designation for the property is Commercial/Office/Residential. The proposed residential use for townhome development is consistent with the General Plan. Further, the subject property is zoned as Planned General Commercial/Residential Site. The proposed development has met the applicable development standards of the Heart of the City Specific Plan and is requesting a density bonus and density bonus waivers for certain general plan and Heart of the City development standards as permitted in the City of Cupertino's Municipal Code Chapter 19.56 Density Bonus. Therefore, the proposed development is consistent with the purpose of the City's zoning ordinance. 3. The applicant has requested a density bonus. Pursuant to Cupertino Municipal Code Section 19.56.070, before approving an application that includes a request for density bonus, incentive, parking reduction and/or waiver, the decision-making body shall make the following findings, as applicable: a. A finding that the residential project is eligible for the density bonus and any incentives, parking reductions or waivers requested. The application is a for a density bonus project that provides for approximately 20% of its base density as Below Market Rate Housing. As 20% of the units on -site will be limited to median/moderate Income residents, it is eligible for a 15% density bonus. 33 PC 12-12-2023 33 of 240 Exhibit A Page 4 Page 4 of 33 b. A finding that any requested incentive will result in identifiable, financially sufficient, and actual cost based on the financial analysis and documentation provided. The applicant has requested a concession to remove tree #9 – a 38.5-inch Coast Live Oak tree. However, the application includes a tree removal permit to remove all trees on site. Removal of the tree meets finding 14.18.180(1) and replacement standards per 14.18.160(B)(3) in-lieu tree replacement fee. Additionally, the applicant in attachment 6, outlines that the retention of tree #9 would result in an approximate loss of $6 million to the applicant due to the loss of three units. Payment of the in-lieu tree replacement fee would not have the effect of physically precluding the Project; and would result in an approximately 5.9-million-dollar cost savings for the applicant, plus any costs necessary to build infrastructure that would protect the tree during construction. While the applicant does not need an incentive from the City to allow removal of this tree, the City is required to approve this incentive under State Density Bonus law. c. If the density bonus is based all or in part on donation of land, a finding that all requirements included Section 19.56.030C have been met. The density bonus is not based on the donation of land, so the finding is not applicable. d. If the density bonus is based all or in part on the inclusion of a childcare facility, a finding that all requirements included in Section 19.56.030 (D) have been met. The density bonus is not based on the inclusion of a childcare facility, so the finding is not applicable. e. If the density bonus or incentive is based on a condominium conversion, a finding that all the requirements included in Section 19.56.030 (E) have been met. The project site is currently developed with two single story residential structures. The four-unit development is a rental property operating on a month-to-month lease agreement and is currently occupied by renters. The rental property is not registered in the city’s below market rate (BMR) program, and not operated as rent controlled or income-restricted units. Therefore, the rental dwelling units vacated or demolished preceding this application is not subject to replacement of affordable units in accordance with Government Code Section 65915(c)(3). 4. Since the applicable findings required above can be made, the decision-making body may deny an application for a waiver only if one of the following written findings as applicable to each type of application, supported by substantial evidence: a. That the incentive or concession, or waiver would have an adverse impact on real property listed in the California Register of Historic Resources; or There are no affected Historic Resources in the vicinity. 34 PC 12-12-2023 34 of 240 Exhibit A Page 5 Page 5 of 33 b. That the incentive or concession, or waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the residential project unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or The project scope has been determined to fall within Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects). There exists no significant, quantifiable, direct, and unavoidable impacts, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential Project was deemed complete. c. That the incentive or concession, or waiver is contrary to state or federal law. The requested waivers are not contrary to state or federal law. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and subject to the conditions which are enumerated in this Resolution beginning on PAGE 4 thereof, and those contained in all other Resolutions approved for this Project, the City Council hereby: Approves the application for Development Permit, Application No. DP-2023-001, and that the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application no. DP-2023-001 as set forth in the Minutes of the City Council Meeting of XX XX, 2024, and are incorporated by reference as thoroughly set forth herein. 35 PC 12-12-2023 35 of 240 Exhibit A Page 6 Page 6 of 33 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled “Leon Townhouse, 10046 Bianchi Way Cupertino, CA 95014” consisting of thirty-five sheets labeled A0.0 – A10.0, L1-L1 and C3.1-C7.1 drawn by Tectonic Builders Corp., 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 setbac ks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. ASA-2023-002, TM-2023-001 & TR-2023-008 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible 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. 6. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of seven (7) of the residential unit allocations for the Citywide housing allocation. 7. FENCES Fencing shall not be constructed between individual townhome units to create private yards. Fences shall comply with Chapter 19.48 Fences, of the Cupertino Municipal Code, and must be reviewed and approved prior to issuance of building permits. 8. DENSITY BONUS 36 PC 12-12-2023 36 of 240 Exhibit A Page 7 Page 7 of 33 Pursuant to Government Code Section 65915(f) the project is granted Density Bonus. 9. DENSITY WAIVERS The project is granted six density bonus waivers as follows: i. Front setback. Building B would be 6 feet from the new property line at the second story level but at least 9-feet at the first and third floor levels. ii. Rear Setback. Building A would provide a 12-foot setback from the rear property line at the second story level but at least 15-feet at the first and third floor levels. Side Setback. Building A would have reduced side setbacks of 10 feet on both sides, where 15 feet is required. Building B would have a reduced left (north) side setback of 10 feet, where 15 feet is required. iii. Building Form. A waiver from the standard that buildings adjacent to residentially developed parcels, be stepped back or terraced at 1.5:1 to height ratio if minimum setback cannot be provided for Building A. iv. Common Open Space. A waiver from Heart of the City Common Open Space, Common Open Space Hardscape and Landscape standards. v. Service Access: A waiver for this proposed project to provide service access from rear parking areas. 10. PARKING REDUCTION The project is granted a parking reduction of six (6) parking stalls. The project must retain fourteen (14) on site parking spaces for the life of the development unless permitted otherwise by the Director of Community Development. 11. INCENTIVE The project is granted a concession to remove tree #9 – a 38.5-inch Coast Live Oak tree. Subject to the conditions of approval further outlined in TR-2023-008 12. REFUSE COLLECTION STREET SIGNAGE Prior to issuance of building permits the applicant shall provide for review to the satisfaction of the Public Works Department, street signage restricting parking on trash collection day(s) as subject to the “refuse and truck delivery plan” further detailed in Public Works Condition of Approval #25. 13. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City’s Below Market Rate (BMR) Housing Program by dedicating 20% of the units, i.e., one of the units, as a BMR unit. The unit shall be made available to median income levels in compliance with the City’s BMR Manual. The applicant shall record a covenant, which shall be subject to 37 PC 12-12-2023 37 of 240 Exhibit A Page 8 Page 8 of 33 review and approval by the City Attorney, to be recorded prior to the issuance of building permits. 14. BMR UNIT DESIGN REQUIREMENTS The Applicant shall detail how the following requirements shall be met prior to building permit issuance: a) BMR units shall be comparable to market-rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction. b) Interior features and finishes in the affordable units shall be durable, of good quality and consistent with the contemporary standards of new housing. 15. BMR AGREEMENT Prior to the recordation of a final map or issuance of any building permit, an affordable housing agreement shall be recorded against the property. The affordable housing agreement shall include, but not be limited to the following: a) Total number of BMR units, type, location (site map), square footage, number of bedrooms, and construction scheduling of market-rate and BMR units; b) Provisions to ensure concurrent construction and completion of BMR units and market-rate units; c) Affordability levels for each BMR unit; d) Provisions for income certification and screening of potential occupants of BMR units; e) Restriction control mechanisms; f) Financing of ongoing administrative and monitoring costs; g) Other reasonably required provisions to implement the Affordable Housing Plan. 16. BMR UNIT TERMS OF AFFORDABILITY: Prior to occupancy, the proposed project shall record covenants that require the units to be occupied at rents that are affordable to median income level households for a period not less than 99 years from the date of first occupancy of the unit. 17. PUBLIC ART REQUIREMENT Public art shall be provided for the project in accordance with General Plan Policy 2-66 and the City’s Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal Code). The minimum expenditure for the artwork, including, but not limited to design, fabrication, and installation is one (1) percent of the construction valuation for the first $100 million on construction valuation, or 0.9% of construction valuation for valuation in excess of $100 million. The project pro forma shall be provided to the City to confirm the project budget. The public art 38 PC 12-12-2023 38 of 240 Exhibit A Page 9 Page 9 of 33 plans shall be reviewed and approved by the Arts and Culture Commission prior of final occupancy. Once approved by the Arts and Culture Commission, the public artwork shall be installed to the satisfaction of the City prior to certificates of occupancy being issued on more than 50% of the units in each of the two buildings – i.e., no more than 1 unit in Building B and no more than 2 units in Building A. In the event the developer or property owner determines t hat the placement of artwork on a particular property may not be feasible, the developer or property owner may apply to the City for an in-lieu payment alternative as indicated in Chapter 19.148 of the Cupertino Municipal Code, subject to review of the Arts and Culture Commission and the City Council. The in lieu payment shall be 1.25% of the construction valuation. 18. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to occupancy. 19. FORMATION OF A PROPERTY OWNER’S ASSOCIATION A Property Owner’s Association shall be formed to maintain the common areas of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the City Attorney and the Director of Community Development prior to recordation. The following terms shall be incorporated into the Association’s Conditions, Covenants and Restrictions: The members/board shall meet at a minimum of once/year The Association dues shall cover: o Maintenance of common area on the property in compliance with the approved project conditions of approval, including hardscaping, parking, landscaping and accessory facilities and amenities, such as trash bins/areas, common amenity areas, tree grates, outside trash bins, fences, Public Art, etc, o Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement as necessary to ensure that the property is maintained. o Permits, including tree removal permits, required for maintenance and repair of facilities in the common areas Any changes to the exterior of the development must be reviewed by the Property Owner’s Association. CC&R’s shall ensure that private open space is kept tidy and free of clutter and visual blight. Any changes to the CC&R’s must be reviewed and approved by the City in 39 PC 12-12-2023 39 of 240 Exhibit A Page 10 Page 10 of 33 writing. Disbanding of the Association shall require an amendment to the permit. 20. PRE-CONSTRUCTION MEETING & CONSTRUCTION MANAGEMENT PLAN A demolition and construction management plan shall be submitted and reviewed prior to building permit issuance. Prior to commencement of construction activities, the applicant shall arrange for a pre-construction meeting with the pertinent departments (Building, Planning, and Public Works) to review the prepared construction management plan, to ensure that construction complies with the conditions of approval, staging of construction equipment is appropriate, tree protection measures are in place, public access routes are identified, and noise and dust control measures are established. The plan shall include but not be limited to the following: a. Compliance with Arborist Report Mitigation Measures b. Appropriate construction staging area c. Hours of construction d. Compliance with the City noise ordinance e. Best management practices f. Staging of construction equipment shall not occur within 25 feet of any residential property. g. Any other measures as determined to be appropriate by the Director of Community Development 21. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS The applicant shall indicate compliance with the following grading and construction hours and noise limit requirements on all demolition, construction and grading permits, and in the construction management plan(s), unless otherwise indicated. 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 nighttime period as defined in Section 10.48.053(b) of the Municipal Code. 40 PC 12-12-2023 40 of 240 Exhibit A Page 11 Page 11 of 33 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. Nighttime 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. 22. ACOUSTIC STUDY AND REDUCTION OF INTERIOR NOISE LEVELS Prior to the issuance of building permits, the project applicant shall submit an acoustic study to the satisfaction of the City's Community Development Director to demonstrate that unit interiors meet an interior noise level due to exterior noise of 45 dBA CNEL, consistent with State and local noise standards. The study shall be based on precise grading and architectural plans including specific construction method details and materials to calculate the necessary exterior to interior noise reduction of approximately 30 dBA to achieve 45 dBA CNEL. The precise exterior to interior reduction would be determined in the acoustical study when precise grading plans with building elevations, footprints and architectural plans are ·available. The applicant will be required to incorporate into the project design all required noise insulation features and techniques necessary to reduce interior noise levels to achieve the interior noise standard. To achieve the required interior noise levels, features such as upgraded exterior wall and roof assemblies, upgraded windows, and exterior doors may be required. In addition, a "windows closed” condition will be required with minimum supply of fresh air per UBC requirements. 23. GREEN BUILDING The project shall be constructed in accordance with the City’s Green Building Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall obtain LEED Silver certification or an alternative reference standard in accordance with the ordinance since the building size is over 50,000 square feet. Third party LEED certification or alternative reference standard is required per the ordinance criteria. 41 PC 12-12-2023 41 of 240 Exhibit A Page 12 Page 12 of 33 24. BUILDING AND FIRE CODE The applicant shall apply for and obtain building permits to allow the construction of the approved project. The applicant shall provide information and plans to allow the Building Official and the Fire Marshall or their designee that the proposed plans comply with Building and Fire Codes in effect at the time of application for a building permit. 25. TRASH AND DELIVERY ACTIVITIES A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall specify locations of trash facilities, refuse pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 26. EXTERIOR BUILDING MATERIALS/TREATMENTS The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be 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. Future changes to the exterior building materials/treatments must be reviewed and approved by the Property Owner’s Association. As a Planned Unit Development, the exterior finishes of each of the units (including garage doors and exterior doors and windows) must remain harmonious with the same/coordinated materials used across both buildings. 27. DARK SKY COMPLIANCE AND/OR BIRD SAFE 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 42 PC 12-12-2023 42 of 240 Exhibit A Page 13 Page 13 of 33 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. 28. ROOFTOP EQUIPMENT SCREENING All mechanical and other equipment on the building or on the site shall be screened and/or integrated into the building structures so they are not visible from public street areas or adjoining developments. If approved, he height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan may be required to demonstrate that the equipment will not be visible from any public right-of-way. The location of the equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 29. SITE IMPROVEMENTS All proposed site improvements shall be completed prior to final occupancy of any structures approved in conjunction with the project. 30. NOISE LEVELS AND ABATEMENT Project uses and all equipment installed on the site shall comply with the City’s Community Noise Control Ordinance at all times. Installation of any mechanical or other equipment shall be evaluated to determine that the installation meets the City’s Community Noise Control Ordinance. Any documentation or studies required to determine this shall be provided by the applicant as his/her sole expense. Should the project exceed any of the stipulated maximum noise levels outlined in the City’s Community Noise Control Ordinance, an acoustical engineer may be required to submit noise attenuation measures to the satisfaction of the Director of Community Development at the applicant’s expense. 31. INGRESS/EGRESS EASEMENT The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels that share a common private drive or private roadway with one or more other parcels. The deed restriction shall provide for necessary reciprocal ingress and egress easement to and from the affected parcels. The easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 43 PC 12-12-2023 43 of 240 Exhibit A Page 14 Page 14 of 33 32. 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 demolition, ground disturbing activities and/or construction. 33. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT Prior to issuance of the first building permit, the Applicant shall include a note on all plans where paint specifications or other design specifications are listed, that the project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or less) for interior and exterior wall architectural coatings. 34. AVOID NESTING BIRDS DURING CONSTRUCTION Prior to issuance of the any demolition, grading and building permit, indicate the following on all construction plans: a. Demolition, construction, ground-disturbing, and tree removal/pruning activities shall be scheduled to be completed prior to nesting season (February 1 through August 31), if feasible. b. If demolition, construction, ground-disturbing, or tree removal/pruning activities occur during the nesting season (February 1 and August 31), preconstruction surveys shall be conducted as follows: i. No more than 7 days prior to the start of demolition, construction, ground - disturbing, or tree removal/pruning activities, in order to identify any active nests with eggs or young birds on the site and surrounding area within 100 feet of construction or tree removal activities. ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground-disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction areas for active nests, while ensuring that they do not disturb the nests as follows: 1. For projects that require the demolition or construction one single - family residence, ground disturbing activities affecting areas of up to 500 square feet, or the removal of up to three trees, the property owner 44 PC 12-12-2023 44 of 240 Exhibit A Page 15 Page 15 of 33 or a tree removal contractor, if necessary, is permitted to conduct the preconstruction surveys to identify if there are any active nests. If any active nests with eggs or young birds are identified, the project applicant shall retain a qualified ornithologist or biologist to identify protective measures. 2. For any other demolition, construction and ground disturbing activity or the removal of four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys. iii. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, ground- disturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds. iv. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. v. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her designee, through the appropriate permit review process (e.g., 45 PC 12-12-2023 45 of 240 Exhibit A Page 16 Page 16 of 33 demolition, construction, tree removal, etc.), and be completed to the satisfaction of the Community Development Director prior to the start of demolition, construction, ground-disturbing, or tree removal/pruning activities. 35. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES Prior to the issuance of any demolition, grading or building permit involving soil disturbance, the project applicant shall provide written verification, including the materials provided to contractors and construction crews, to the City confirming that contractors and construction crews have been notified of basic archaeo logical site indicators, the potential for discovery of archaeological resources, laws pertaining to these resources, and procedures for protecting these resources as follows: a. Basic archaeological site indicators that may include, but are not limited to, darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials, either human or animal. b. The potential for undiscovered archaeological resources or tribal cultural resources on site. c. The laws protecting these resources and associated penalties, including, but not limited to, the Native American Graves Protection and Repatriation Act of 1990, Public Resources Code Section 5097, and California Health and Safety Code Section 7050 and Section 7052. d. The protection procedures to follow should construction crews discover cultural resources during project-related earthwork, include the following: i. All soil disturbing work within 25 feet of the find shall cease. ii. The project applicant shall retain a qualified archaeologist to provide and implement a plan for survey, subsurface investigation, as needed, to define the deposit, and assessment of the remainder of the site within the project area to determine whether the resource is significant and would be affected by the project. iii. Any potential archaeological or tribal cultural resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation forms by a qualified archaeologist. If 46 PC 12-12-2023 46 of 240 Exhibit A Page 17 Page 17 of 33 the resource is a tribal cultural resource, the consulting archaeologist shall consult with the appropriate tribe, as determined by the Native American Heritage Commission, to evaluate the significance of the resource and to recommend appropriate and feasible avoidance, testing, preservation or mitigation measures, in light of factors such as the significance of the find, proposed project design, costs, and other considerations. The archeologist shall perform this evaluation in consultation with the tribe. 36. HUMAN REMAINS AND NATIVE AMERICAN BURIALS Prior to issuance of the any demolition, grading and building permits that involve soil disturbance, include on plans a note that, during project construction, the project applicant shall comply with California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.98. a. In the event of discovering human remains during const ruction activities, there shall be no further excavation or disturbance of the site within a 100 -foot radius of the remains, or any nearby area reasonably suspected to overlie adjacent remains. b. The Santa Clara County Coroner shall be notified immediately and shall make a determination as to whether the remains are Native American. c. If the Santa Clara County Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission (NAHC) within 24 hours. d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of the deceased Native American. e. The Most Likely Descendant has 48 hours following access to the project site to make recommendations or preferences regarding the disposition of the remains. If the Most Likely Descendant does not make recommendations within 48 hours after being allowed access to the project site, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance and provide documentation about this determination and the location of the remains to the NAHC and the City of Cupertino. Alternatively, if the owner does not accept the Most Likely Descendant’s recommendations, the owner or the descendent may request mediation by the NAHC. Construction shall halt until the mediation has concluded. 47 PC 12-12-2023 47 of 240 Exhibit A Page 18 Page 18 of 33 37. NOISE AND VIBRATION NOTICE At least 10 days prior to the start of any demolition, ground disturbing, or construction activ ities, the project applicant/contractor shall send notices of the planned activity by first class mail as follows: a. For projects on sites that are more than 0.5 acres or four or more residential units the notices shall be sent to off-site businesses and residents within 500 feet of the project site; b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units (not including Accessory Dwelling Units) notices shall be sent to off-site businesses and residents within 250 feet of the project site; or c. For projects on sites less than 0.25 acres or one residential unit, the notices shall be sent to off-site businesses and residents within 100 feet of the project site. The notification shall include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration. The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. The City will provide mailing addresses for the Applicant’s use. The project applicant shall provide the City with evidence of mailing of the notice, upon request. If pile driving, see additional noticing requirements below. 38. NOISE AND VIBRATION SIGNAGE 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 two feet by three 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. 48 PC 12-12-2023 48 of 240 Exhibit A Page 19 Page 19 of 33 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. 39. 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. 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. 49 PC 12-12-2023 49 of 240 Exhibit A Page 20 Page 20 of 33 40. PALEONTOLOGICAL RESOURCES Prior to issuance of the any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall implement the following measures: a. If paleontological resources are encountered during ground disturbing and/or other construction activities, all construction shall be temporarily halted or redirected to allow a qualified paleontologist, which shall be retained by the project applicant, to assess the find for significance and the Applicant shall notify the City. b. If paleontological resources are found to be significant, the paleontological monitor shall determine appropriate actions, in coordination with a qualified paleontologist, City staff, and property owner. Appropriate actions may include, but are not limited to, a mitigation plan formulated pursuant to guidelines developed by the Society of Vertebrate Paleonto logy and implemented to appropriately protect the significance of the resource by preservation, documentation, and/or removal, prior to recommencing activities. Measures may include, but are not limited to, salvage of unearthed fossil remains and/or traces (e.g., tracks, trails, burrows); screen washing to recover small specimens; preparation of salvaged fossils to a point of being ready for curation (e.g., removal of enclosing matrix, stabilization and repair of specimens, and construction of reinforced support cradles); and identification, cataloging, curation, and provision for repository storage of prepared fossil specimens. 41. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. 50 PC 12-12-2023 50 of 240 Exhibit A Page 21 Page 21 of 33 The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such att orneys’ 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. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 42. 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 1. EXISTING PG&E AND PT&T EASEMENT Developer shall work directly with PG&E and PT&T to obtain approval from each respective utility company for the proposed vacation of the existing 20’ PG&E and PT&T easement. The easement may be vacated with the final map or quitclaimed by 51 PC 12-12-2023 51 of 240 Exhibit A Page 22 Page 22 of 33 a separate instrument. The quitclaim shall be approved and recorded by PG&E and PT&T prior to Final Map recordation or issuance of building permits. 2. RESTRICTED PARKING SIGNS Developer shall install signs for restricted parking on trash collection days along the project frontage to the satisfaction of the Director of Public Works. 3. If the project will be subject to Covenants, Conditions, and Restrictions (CC&Rs) and a Homeowners Association (HOA), the CC&Rs must also include language pertaining to the restricted on-street parking. 4. STREET IMPROVEMENTS & DEDICATION Roadway dedication in fee title and street improvements along the project frontage will be required to the satisfaction of the Director of Public Works. Street improvements, grading and drainage plans must be completed and approved prior to Final Map approval. Street improvements may include, but not be limited to, new curb and gutter, attached sidewalk, driveway, storm drain lateral, street tree installations, and/or street light. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. Additional comments will be provided and shall be incorporated prior to Final Map approval. 5. ACCEPTANCE OF PROPERTY RIGHTS 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. 6. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified 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. 7. PEDESTRIAN AND BICYCLE IMPROVEMENTS 52 PC 12-12-2023 52 of 240 Exhibit A Page 23 Page 23 of 33 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. 8. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the Director of Public Works. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 9. GRADING Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 10. DRAINAGE Drainage shall be provided to the satisfaction of the Director of Public Works and satisfy any requirements from the environmental analysis. Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on -site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten percent flood water surface elevation 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. Additional comments will be provided and shall be incorporated prior to Final Map approval. 53 PC 12-12-2023 53 of 240 Exhibit A Page 24 Page 24 of 33 11. C.3 REQUIREMENTS 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 (if project receives entitlement after June 30, 2023). 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. If the project will be subject to Covenants, Conditions, and Restrictions (CC&Rs) and a Homeowners Association (HOA), the CC&Rs must also include language pertaining to the stormwater treatment measures. 12. SUBDIVISION IMPROVEMENT AGREEMENT The project developer shall enter into a Subdivision Improvement Agreement with the City of Cupertino providing 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 agreement and fees shall be executed and paid prior to Final Map approval. Fees: a. Checking & Inspection Fees: Per current fee schedule ($4,947 or 5% of b. improvement costs) c. Grading Permit: Per current fee schedule ($3,683 or 6% of d. improvement costs) e. Tract Map Fee: Per current fee schedule ($12,306) f. Storm Drainage Fee: Per current fee schedule ($4,250 per AC + g. $322 per unit) h. Transportation Impact Fee: Per current fee schedule: ($4,215 per new 54 PC 12-12-2023 54 of 240 Exhibit A Page 25 Page 25 of 33 i. DU ) j. Encroachment Permit Fee: Per current fee schedule ($3,304 or 5% of k. improvement costs) l. Park Fees: Per current fee schedule: ($60,000 per new m. DU) n. Storm Management Plan Fee Per current fee schedule ($1,670) o. Street Tree Fee: By Developer or Per current fee schedule: p. $481 per tree q. Bonds: r. Faithful Performance Bond: 100% of Off-site and On-site Improvements s. Labor & Material Bond: 100% of Off-site and On-site Improvement t. On-site Grading Bond: 100% of site improvements. 13. 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. 14. FINAL MAP A final map will be subject to City Council approval and shall be recorded prior to issuance of building permits. Existing buildings must be demolished prior to recordation of the final map as building(s) cannot straddle between lot lines. 15. TRANSPORTATION The Project is subject to the payment of Transportation Impact Fees under City’s Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal Code). The Project may also be subject to a Vehicle Miles Traveled (VMT) analysis as part of environmental review per Chapter 17 of the Cupertino Municipal Code. Project shall provide mitigation measure as results of the transportation analysis. 16. PARKS The residential units are subject to the payment of parkland fees in -lieu of parkland dedication per Chapter 13.08 and Chapter 18.24 of the Cupertino Municipal Code. The Below Market Rate (BMR) program manual, which was last amended by City Council on May 19, 2020 per Resolution 20-055, authorizes the waiver of park fees for 55 PC 12-12-2023 55 of 240 Exhibit A Page 26 Page 26 of 33 BMR units. Pursuant to Resolution 20-055, parkland dedication in-lieu fees for the 1 BMR unit proposed for this project are hereby waived. 17. SURVEYS A Boundary Survey and a horizontal control plan will be required for all new construction to ensure the proposed building will be set based on the boundary survey and setback requirements. 18. 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 obtaining a building permit. (CMC 9.18.210 H & K) Applicant shall enter into an agreement with the City that indemnifies and holds harmless both the City and the refuse and recycling collection company (Recology) from and against any harm, damage or maintenance that may occur or become necessary to onsite paving stone driveway surfaces. 19. OPERATIONS & MAINTENANCE AGREEMENT Developer shall enter into an Operations & Maintenance Agreement with the City prior to Final Map approval. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include, but is not limited to, landscaping, street trees, sidewalk, pavers, and street lights. 20. 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 underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. 21. 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. S hould above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and 56 PC 12-12-2023 56 of 240 Exhibit A Page 27 Page 27 of 33 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. 22. 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 locat ion approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company. 23. 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. 24. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 25. 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. 26. 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 . 27. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engin eer 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 Control Devices (MUTCD) standards for all signage and striping work throughout the City. 57 PC 12-12-2023 57 of 240 Exhibit A Page 28 Page 28 of 33 28. 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. 29. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 30. 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 building 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). 31. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 32. CALIFORNIA WATER SERVICE COMPANY CLEARANCE A letter of clearance shall be obtained from California Water Service Company prior to Final Map approval. The letter shall include their review and approval of the water connection, service capability, location and layout of water lines and backflow preventers, and any additional public service easements necessary to service the project. 33. 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. 34. SANITARY DISTRICT A letter of clearance or sign off of street improvement plans for the project shall be obtained from the Cupertino Sanitary District prior to Final Map approval. 35. UTILITY EASEMENTS Clearance approval letters from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to Final Map approval. Their letters shall include their review 58 PC 12-12-2023 58 of 240 Exhibit A Page 29 Page 29 of 33 and approval of any easement(s) to be vacated and/or quitclaimed, which include proposed private structures and utilities within the existing easement(s). SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1. CALIFORINA FIRE CODE The California Fire (CFC) & Building (CBC) Code, 2019 edition, as adopted by the City of Cupertino Municipal Code (CMC) and California Code of Regulations (CCR). 2. APPROVAL Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 3. FIRE SPRINKLERS REQUIRED: (As noted on Sheet A0.0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2. NFPA 13 will be installed. 4. FIRE ALARM REQUIMENTS (As Noted on Sheet A0.0) Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop drawings (3 sets) and a permit application to the SCCFD for approval before installing or altering any system. 5. REQUIRED FIRE FLOW 59 PC 12-12-2023 59 of 240 Exhibit A Page 30 Page 30 of 33 (Letter received) The minimum require fireflow for this project is 1000 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installat ion of automatic fire sprinklers per CFC[903.3.1.3] 6. BUILDINGS AND FACILITIES ACCESS (As noted on Sheet A2.5) Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1]. 7. GROUND LADDER ACCESS (As noted on Sheet A2.5) Ground-ladder rescue from second and third floor rooms with egress windows, shall be made possible for fire department operations. With the climbing angle of seventyfive degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1030 NFPA 1932 Sec. 5.1.8 through 5.1.9.2. Ladder access (one for each emergency egress window) of an allweather supportive surface along with an approved access walkway leading from the fire apparatus access road to them, shall be provided. 8. FIRE DEPARMENT CONNECTION (As noted on Sheet A2.5) The fire department connection (FDC) shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow. [SCCFD, SP-2 Standard]. 9. CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 10. WATER SUPPLY REQUIREMENTS Potable water supplies shall be protected from contamination caused by fire 60 PC 12-12-2023 60 of 240 Exhibit A Page 31 Page 31 of 33 protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water -based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 11. ADDRESS IDENTIFICATION New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Ad dress numbers shall be maintained. CFC Sec. 505.1 12. FIRE DEPARMENT (EGINE) ROADWAY TURNAROUND REQUIRED (As noted on Sheet A2.5) Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Provide an approved fire department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Maximum grade in any direction shall be 5%. Installations shall conform with Fire Department Standard Details and Specifications A-1. [CFC Section 503.2.5]. 13. FIRE LANES REQUIRED (As noted on Sheet A2.5) The minimum clear width of fire department access roads shall be 20 feet. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. 61 PC 12-12-2023 61 of 240 Exhibit A Page 32 Page 32 of 33 SECTION VI: CONDITIONS ADMINISTERED BY THE OFFICE OF COMMUNITY DEVELOPMENT – BUILDING DIVISION 1. Electric Buildings shall be all Electric per Cupertino Muni Code section 16.54.100. No gas is allowed for the Buildings. 2. CALIFORNIA BUILDING CODE: Buildings with 3 or more Units are subject to Chapter 11A of the 2022 California Building Code, as stated in section R320 of the 2022 California Residential Code. SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 1. District will require developer/owner to enter into an Installer’s Agreement. The Installer’s Agreement will be required for approval during the Building Permit phase. 2. Connection permit fees, Sewer Development Fees, & Treatment Plant Capacity Fees will be required for the proposed work during the Building Permit Phase and will be required as part of the Installer’s Agreement. 3. New lateral connection, inspection, administration, & engineering fees will be required during the Building Permit Phase. 4. Sewer Development Fees & Treatment Plant Capacity Fees will be required for the proposed work during the Building Permit Phase. 5. The District is currently in the process of drafting up a District Wide Inflow and Infiltration Reduction program. Additional fees for this projects Inflow & Infiltration reduction may be required during the Building Phase. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this XX day of XX, 2024 by the following vote: Vote Members of the City Council AYES: None 62 PC 12-12-2023 62 of 240 Exhibit A Page 33 Page 33 of 33 NOES: None ABSENT: None ABSTAIN: None SIGNED: Hung Wei, Mayor City of Cupertino Date ATTEST: Kirsten Squarcia, City Clerk Date 63 PC 12-12-2023 63 of 240 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. XX-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF DEVELOPMENT PERMIT FOR A SEVEN (7) UNIT TOWNHOME DEVELOPMENT LOCATED AT 10046 BIANCHI WAY 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”) under Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects); the proposed residential development will only produce three net new units and it can be seen that it is compatible with the general plan designation in both use and density allowance on the site; and that none of the exceptions in CEQA Guidelines section 15300.2 apply. 2. Approve the Development Permit (DP-2023-001) as indicated in Exhibit B. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 12th day of December 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 64 PC 12-12-2023 64 of 240 Exhibit B 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 CONSTRUCT NEW SEVEN (7) UNIT TOWNHOME DEVELOPMENT LOCATED AT 10046 BIANCHI WAY (APN: 359-07-021) SECTION I: PROJECT DESCRIPTION Application No.: ASA-2023-002 Applicant: Leon Hu of Top Mission Realty & Investment, Inc. Location: 10046 Bianchi Way (APN: 359-07-021) 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, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Tit le 14, Section 15000 et seq.) ("CEQA Guidelines"), the project has been determined exempt under Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects); and WHEREAS, all necessary public notices having been given as required by the Procedural Ordinance of the City of Cupertino and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, on December 12, 2023, the City Council held a public hearing to consider the Architectural and Site Approval Permit on XX-XX-2024; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds: 65 PC 12-12-2023 65 of 240 Exhibit B 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 has been determined to be consistent with the General Plan, Heart of the City Specific Plan and applicable portion of the Municipal Code. The project scope has been determined to fall within Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects). The incorporated conditions of approval into the project will further mitigate potential impacts and therefore 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. 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 a redevelopment of an existing residential four-plex. The project incorporates variation in wall planes, rooflines, and multiple recessed areas; that help to reduce the height and bulk of the buildings. The exterior siding is a mixture of different materials, textures, colors and finishes; methodically repeated throughout the building design on every elevation. The landscape plantings help to further screen the development with the proposal of dense, fast-growing shrubs. Additionally, the project incorporates trees throughout the street frontage to further reduce the massing and bulk of the structures. 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 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. 66 PC 12-12-2023 66 of 240 Exhibit B The design quality of the development is consistent with the high-quality standards encouraged by City Staff. The proposed development is that of a Modern design, architectural details and style is consistent throughout the development. The landscape architect has strategically placed landscape screening throughout the site and has proposed a new six-foot tall redwood fence along the sides and rear perimeter of the property. Unsightly uses such as roof top equipment installation is conditioned to be either screened on top of the roof or be located interior to the structure. 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 applicant has demonstrated compliance with 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. 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 site is not located within an existing residential neighborhood since it is located in the Heart of the City Special Plan Area. However, the project has been designed in the manner to protect other residents located in close proximity from noise, traffic, light and other visually intrusive effects by setting back and locating the homes further away from the existing residential uses on the street, in addition to screening landscaping proposed along the side and rear property lines to further buffer the project from surrounding uses. Additionally, all utilities have been proposed to be underground and the project will be required to meet the City's noise ordinance for any noising producing equipment, such as air conditioner units. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts exhibits, testimony and other evidence submitted in this matter, 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-2023-002, is hereby approved, and that the conclusions upon which the findings and conditions 67 PC 12-12-2023 67 of 240 Exhibit B specified in this Resolution are based are contained in the Public Hearing record concerning Application no. ASA-2023-002 as set forth in the Minutes of the City Council Meeting of XX XX, 2024, 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 “Leon Townhouse, 10046 Bianchi Way Cupertino, CA 95014” consisting of thirty-five sheets labeled A0.0 – A10.0, L1-L1 and C3.1-C7.1 drawn by Tectonic Builders Corp., except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pert inent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2023-001, TM-2023-001 & TR- 2023-008 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. EXTERIOR BUILDING MATERIALS/TREATMENTS 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 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. 68 PC 12-12-2023 68 of 240 Exhibit B Future changes to the exterior building materials/treatments must be reviewed and approved by the Property Owner’s Association. As a Planned Unit Development, the exterior finishes of each of the units (including garage doors and exterior doors and windows) must remain harmonious with the same/coordinated materials used across both buildings. 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 approv al 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. 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 69 PC 12-12-2023 69 of 240 Exhibit B 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 (collective ly, 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 awar ded 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. 70 PC 12-12-2023 70 of 240 Exhibit B 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 XX day of XX, 2024, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Steven Scharf Planning Manager Chair, Planning Commission 71 PC 12-12-2023 71 of 240 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. XX-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF DEVELOPMENT PERMIT FOR A SEVEN (7) UNIT TOWNHOME DEVELOPMENT LOCATED AT 10046 BIANCHI WAY 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”) under Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects); the proposed residential development will only produce three net new units and it can be seen that it is compatible with the general plan designation in both use and density allowance on the site; and that none of the exceptions in CEQA Guidelines section 15300.2 apply. 2. Approve the Development Permit (DP-2023-001) as indicated in Exhibit C. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 12th day of December 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 72 PC 12-12-2023 72 of 240 Exhibit C Page 2 RESOLUTION NO. A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING A TENTATIVE FINAL MAP TO ALLOW SUBDIVISION FOR CONDOMINIUM PURPOSES ONLY, FOR A SEVEN UNIT TOWNHOME DEVELOPMENT LOCATED AT 10046 BIANCHI WAY SECTION I: PROJECT DESCRIPTION Application No.: TM-2023-001 Applicant: Leon Hu of Top Mission Realty & Investment, Inc. Location: 10046 Bianchi Way APN#s 359-07-021 SECTION II: FINDINGS FOR A TENTATIVE MAP: WHEREAS, the City of Cupertino received an application for a Tentative Final Map (Application No. TM-2023-001) 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") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the project has been determined exempt under Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects); and WHEREAS, on December 12, 2023, the Planning Commission recommended on a X-X-X vote that the City Council approve the Development Permit (DP-2023-001) in substantially similar form to the Resolution presented (Resolution No. 20), approve the Architectural and Site Approval Permit (ASA-2023-002) in substantially similar form to the Resolution presented(Resolution No. 21), approve the Tentative Final Map (TM-2023- 001) in substantially similar form the Resolution presented (Resolution No.22) and approve the Tree Removal Permit (TR-2023-008) in substantially similar form to the Resolution presented (Resolution No. 23) except as may be further amended by conditions in this resolution; and WHEREAS, all necessary public notices having been given as required by the Procedural Ordinance of the City of Cupertino and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and on XX XX, 2024, the City Council held a public hearing to consider the Tentative Map Permit; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and 73 PC 12-12-2023 73 of 240 Exhibit C Page 3 WHEREAS, the applicant has met the burden of proof required to support the application for a Tentative Map Permit; and WHEREAS, the Planning Commission finds as follows with regard to this application: a. That the proposed subdivision map is consistent with the City of Cupertino General Plan. The subject property is consistent with the General Plan since the property is permitted to have up to 25 dwelling units an acre and the project qualifies for a density bonus. The proposed project complies with General Plan policies that include density, maximum building height, building design, site planning, and frontage improvements. b. That the design and improvements of the proposed subdivision are consistent with the General Plan. The off-site improvements are consistent with the City's General Plan policies related to pedestrian safety by providing a parkway between the sidewalk and street, minimizing curb-cuts, and requiring an urban canopy within the public right-of-way. The project is also consistent with the General Plan's design requirements, since the project qualifies for waivers for side setbacks, common open space, and service access. c. That the site is physically suitable for the type development contemplated under the approved subdivision. The proposed subdivision is compatible with the adjoining land uses and no physical constraints are present that would conflict with anticipated land use development. There are no topographical anomalies that differentiate this property from adjacent properties. The site is located on the valley floor, as well as not listed within any environmentally sensitive zone. d. That the site is physically suitable for the intensity of development contemplated under the approved subdivision. The subject property is physically suitable in size and shape in conformance to development standards and is appropriately configured to accommodate a multi-unit residential development. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat. The proposed subdivision design and improvements are not likely to cause serious public health problems nor substantially injure fish and wildlife or their habitat because the property is a developed site and located in an urbanized area where residential land use is allowed. f. That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. 74 PC 12-12-2023 74 of 240 Exhibit C Page 4 The proposed subdivision design and improvements are not likely to cause serious public health problems. The proposed development is consistent with the density and intent of the policies of the General Plan for a residential development on this site. The on-site and off-site improvements improve neighborhood walkability through improved sidewalk construction with size-appropriate driveway cuts and street and private tree plantings. g. That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. There is an existing eight-foot public right-of way dedication that runs from north to south along the entire width of the front property line. The development is set back nine feet from the right-of way dedication, with no encroach from the proposed structure. The development will pay for and construct a new public sidewalk with proposed hardscape and softscape improvements. Furthermore, the developer has proposed a Public Art easement at the north- west corner of the lot, within the developments nine-foot front setback, adjoining the public right-of way dedication. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and 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 application for a Tentative Final Map, Application No. TM-2023-001, is hereby approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application no. TM-2023-001 as set forth in the Minutes of the City Council Meeting of X XX, 2024 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 “Leon Townhouse, 10046 Bianchi Way Cupertino, CA 95014” consisting of thirty-five sheets labeled A0.0 – A10.0, L1-L1 and C3.1-C7.1 drawn by Tectonic Builders Corp., except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS 75 PC 12-12-2023 75 of 240 Exhibit C Page 5 The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2023-001, ASA-2023-002, TM- 2023-001 & TR-2023-008 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible 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. 6. EXISTING PG&E AND AT&T EASEMENT Developer shall work directly with PG&E and PT&T to obtain approval from each respective utility company for the proposed vacation of the existing 20’ PG&E and AT&T easement. The easement may be vacated with the final map or quitclaimed by a separate instrument. The quitclaim shall be approved and recorded by PG&E and AT&T, prior to Final Map recordation or issuance of building permits. 7. CALIFORNIA WATER SERVICE COMPANY CLEARANCE A letter of clearance shall be obtained from California Water Service Company prior to Final Map approval. The letter shall include their review and approval of the water connection, service capability, location and layout of water lines and backflow preventers, and any additional public service easements necessary to service the project. 8. SANITARY DISTRICT A letter of clearance or sign off of street improvement plans for the project shall be obtained from the Cupertino Sanitary District prior to Final Map approval. 9. UTILITY EASEMENTS Clearance approval letters from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to Final Map approval. Their letters shall incl ude their review 76 PC 12-12-2023 76 of 240 Exhibit C Page 6 and approval of any easement(s) to be vacated and/or quitclaimed, which include proposed private structures and utilities within the existing easement(s). 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 partie s 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, 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. 77 PC 12-12-2023 77 of 240 Exhibit C Page 7 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. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conform to generally accepted engineering practices. ____________________________________ Chad Mosley, Director of Public Works City Engineer CA License 66077 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this XX day of XX, 2024 by the following vote: Vote Members of the City Council AYES: None NOES: None ABSENT: None ABSTAIN: None SIGNED: Hung Wei, Mayor City of Cupertino Date 78 PC 12-12-2023 78 of 240 Exhibit C Page 8 ATTEST: Kirsten Squarcia, City Clerk Date 79 PC 12-12-2023 79 of 240 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. XX-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF DEVELOPMENT PERMIT FOR A SEVEN (7) UNIT TOWNHOME DEVELOPMENT LOCATED AT 10046 BIANCHI WAY 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”) under Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects); the proposed residential development will only produce three net new units and it can be seen that it is compatible with the general plan designation in both use and density allowance on the site; and that none of the exceptions in CEQA Guidelines section 15300.2 apply. 2. Approve the Development Permit (DP-2023-001) as indicated in Exhibit D. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 12th day of December 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 80 PC 12-12-2023 80 of 240 Exhibit D RESOLUTION NO. XX-XX A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING A TREE REMOVAL PERMIT TO REMOVE, AND REPLACE TEN (10) DEVELOPMENT TREES TO ACCOMMODATE A PROPOSED SEVEN (7) UNIT TOWNHOME DEVELOPMENT LOCATED AT 10046 BIANCHI WAY (APN: 359-07- 021) SECTION I: PROJECT DESCRIPTION Application No.: TR-2023-008 Applicant: Leon Hu of Top Mission Realty & Investment, Inc. Location: 10046 Bianchi Way (APN: 359-07-021) SECTION II: FINDINGS FOR TREE REMOVAL: WHEREAS, the City of Cupertino received an application for a Development Permit (Application No. DP-2023-001) 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") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the project has been determined exempt under Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects); and WHEREAS, on December 12, 2023, the Planning Commission recommended on a X -X-X vote that the City Council approve the Development Pe rmit (DP-2023-001) in substantially similar form to the Resolution presented (Resolution No. 20), approve the Architectural and Site Approval Permit (ASA-2023-002) in substantially similar form to the Resolution presented(Resolution No. 21), approve the Tentative Final Map (TM-2023- 001) in substantially similar form the Resolution presented (Resolution No.22) and approve the Tree Removal Permit (TR-2023-008) in substantially similar form to the Resolution presented (Resolution No. 23) except as may be further amended by conditions in this resolution; and WHEREAS, all necessary public notices having been given as required by the Procedural Ordinance of the City of Cupertino and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and on XX XX, 2024, the City Council held a public hearing to consider the Development Permit; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and 81 PC 12-12-2023 81 of 240 Exhibit D WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit. WHEREAS, the City Council finds as follows with regard to this application: a) That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). In order to accommodate for the new residential development buildings, walkways and emergency and vehicle access onto the site, the existing trees cannot be preserved in their locations. The applicant proposes replacement trees throughout the site and proposes to locate the replacements where tree coverage is needed. Due to the physical restraints of the site the applicant cannot accommodate all 18 24”-box replacement trees on site. Therefore, the applicant has proposed to replant 10 24”-box trees on site and pay an in-lieu tree replacement fee per CMC 14.18.160(B)(3) of $27,450.00 for the remaining 8 trees not planted on site. Additionally, the applicant has proposed 3 street trees in the public right- of-way. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof, and those contained in all other Resolutions approved for this Project. The application for a Tree Removal Permit, Application No. TR-2023-008, is hereby approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application No. TR-2023-008 as set forth in the Minutes of the City Council Meeting of XX XX, 2024 Meeting, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS 82 PC 12-12-2023 82 of 240 Exhibit D Approval is based on the plan set entitled “Leon Townhouse, 10046 Bianchi Way Cupertino, CA 95014” consisting of thirty-five sheets labeled A0.0 – A10.0, L1-L1 and C3.1-C7.1 drawn by Tectonic Builders Corp., 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 nos. DP-2022-001, ASA-2023-002, and TM-2023-001 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. TREE REPLACEMENT & IN-LIEU TREE REPLACEMENT FEE Seven (7) trees (#1,5,6,7,8,9 & 10) identified in Arborist Report prepared by Davey Resource Group July 2023 are approved for removal with trunk diameter breast height (DBH) ranging from 14” to 38.5”. Ten (10) 24-inch box replacement trees shall be planted on site – five (5) Jerusalem Thorn and five (5) Blue Oak. In addition, an in- lieu tree replacement fee for the remaining 8 trees that cannot be accommodated on site and in addition valuation for the removal of Tree #9 (38.5-inch Coast Live Oak, in good condition) has been calculated using the guidelines outlined in the 10th Edition Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers. The property owner shall pay an ISA calculated value in the amount of $3,200 ($400/tree - 8 trees) and $24,250 per the valuation for the removal of Tree #9, as required by Municipal Code 14.18.160.B.3; for a combined in-lieu tree replacement fee of $27,450. retain 6. TREE RETENTION Tree #11 (14” Monterey Cypress) located on the property directly to the south of the subject property shall require tree protection as well as a monitoring schedule during construction. A monitoring schedule prepared by an ISA Certified Arborist will be provided to planning prior to building permit issuance. Monitoring of the tree protection specifications by an ISA Certified Arborist is required at monthly intervals. The applicant shall retain an ISA certified arborist to 83 PC 12-12-2023 83 of 240 Exhibit D prepare Monitoring letters to be provided to the project planner or Planning Department via planning@cupertino.gov confirming the results of the project monitoring. a. Arborist monitoring shall be performed when removal of the existing driveway occurs, as well as during excavation and compaction for the new driveway. b. All excavation within the CRZ must be hand-dug or performed by air spade with the project arborist on site, and the arborist must approve the pruning of roots over 2 inches. Any roots uncovered or pruned must be wrapped in damp burlap that will be kept moist until the roots are able to be covered over with soil. c. Tree #11 Tree Protection Zone (TPZ) fencing should be installed prior to the start of any demolition or construction and must remain in place for the entirety of the project. Fencing shall encompass as much of the TPZ that overhangs the subject property. If the neighbors agree, it is recommended that TPZ fencing fully encompass the tree and extend onto the property where the tree is located. TPZ fencing should be 6 feet in height and constructed of chain link fencing. Signs must be posted stating: “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY/PROJECT ARBORIST. NO STORING OF MATERIALS OR MACHINERY.” The fence may not be moved without authorization from the ISA certified project arborist. 7. ARBORIST REVIEW Prior to building permit issuance, the number, location and species of replacement trees, if modified, shall be reviewed and approved by the City in consultation with the City’s Consulting Arborist. The replacement trees shall be planted prior to building permit planning final. The Applicant shall provide the Department of Community Development adequate documentation, including, but not limited to, photographs, receipts or invoices, to verify that replacements have been planted. The applicant’s arborist shall inspect the trees after planting and a report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 8. TREE PROTECTION a. As part of the demolition or building permit drawings, a tree protection plan shall be prepared by an ISA certified arborist hired by the project applicant for the trees to be retained. In addition, the following measures shall be added to the protection plan: 84 PC 12-12-2023 84 of 240 Exhibit D For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City’s consulting arborist shall review proposed plans, at applicant cost, before any trenching or root cutting beneath the dripline of the tree. Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth. Tree protection conditions shall be posted on the tree protection barriers. Retained trees shall be watered to maintain them in good health. A covenant on the property shall be recorded that identifies all the pr otected trees, prior to final occupancy. b. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. c. The applicant arborist shall inspect the trees to be retained and shall provide reviews prior to issuance of demolition, grading or building permits. d. A report as prepared by the applicant arborist ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 9. PROTECTED TREES The applicant understands that the replacement trees may not be removed without a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the trees. The applicant shall also disclose the location and species of all replacement trees on site upon sale of the property. 10. 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. 11. 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 85 PC 12-12-2023 85 of 240 Exhibit D 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 Repor t, 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. 12. 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 dedicatio ns, 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. 86 PC 12-12-2023 86 of 240 Exhibit D PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this XX day of XX, 2024, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Hung Wei, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 87 PC 12-12-2023 87 of 240 Corporate Headquarters 1500 North Mantua Street P.O. Box 5193 Kent, OH 4240-5193 330-673-5685 Toll-Free 1-800-828-8312 Fax: 330-673-0860 Northern California Office PO Box 5321 Larkspur, CA 94977 669-236-7619 elizabeth.lanham@davey.com ARBORIST REPORT AND TREE PROTECTION PLAN 10046 Bianchi Way, Cupertino CA 95014 July 2023 88 PC 12-12-2023 88 of 240 Arborist Report & Tree Protection Plan for 10046 Bianchi Way Cupertino, California 95014 Prepared for: Mike Wilson MKI Builders, Inc. mkibuildersinc@gmail.com 209-423-1612 July 2023 Prepared by: Davey Resource Group A Division of The Davey Tree Expert Company 1500 North Mantua Street Kent, OH 44240 Contact: Elizabeth Lanham ISA Arborist #WE-9234A TRAQ Qualified www.daveyresourcegroup.com Notice of Disclaimer Inventory data provided by Davey Resource Group is based on visual recording at the time of inspection. Visual records do not include testing or analysis and do not include aerial or subterranean inspection. Davey Resource group is not responsible for discovery or identification of hidden or otherwise non-observable risks. Records may not remain accurate after inspection due to variable deterioration of inventoried material and site disturbance. Davey Resource Group provides no warranty with respect to the fitness of the urban forest for any use or purpose whatsoever or for future outcomes of the inventoried trees. Leon Townhouses - 10046 Bianchi Way, Cupertino 1 July 2023 89 PC 12-12-2023 89 of 240 Contents Summary 3 Introduction 3 Background 3 Assignment 3 Limits of Assignment 4 Purpose and Use of Report 4 Observations 4 Methods 4 Site Observations 4 Tree Observations 4 Root Zone Calculations 4 Conclusion and Recommendations 5 Appendix A – Location Map 7 Appendix B – Tree Photos 8 Appendix C – Tables 19 Table 1. Tree Inventory and Root Zones 19 Table 2. Condition Assessment June 2023 19 Leon Townhouses - 10046 Bianchi Way, Cupertino 2 July 2023 90 PC 12-12-2023 90 of 240 Summary In June of 2023, Davey Resource Group (DRG) was contracted by Mike Wilson of MKI Builders to conduct a tree inventory and develop a tree protection plan as well as planting recommendations for the trees in the area of impact on the property at 10046 Bianchi Way in Cupertino, CA. The request was made to assess the current condition of the trees and establish a protection plan based on the findings, then to develop a planting plan that would enhance the site with the trees that are appropriate for the space but will provide the best value over time. On July 6, 2023, an International Society of Arboriculture (ISA) Certified and TRAQ Qualified Arborist (Elizabeth Lanham, WE-#9234A) from Davey Resource Group evaluated six (6) trees that may be impacted by development. The trees were assessed by their location, size, current condition, health, structure, and form. The current site plan was used to estimate the construction footprint in relation to the critical root zones (CRZ) of the trees to help guide construction and to reduce potential impacts on the trees. Current plans include the demolition of two existing multi-family dwellings for the construction of seven townhouses, a driveway, and walkways. Tree information is summarized as follows: ●Eight (8) trees were assessed, consisting of seven (7) distinct species; these consist of black walnut (Juglans negra), Coast live oak (Quercus agrifolia), common fig (Ficus carica), glossy privet (Ligustrum lucidum), Hollywood juniper (Juniperus chinensis), Italian cypress (Cupressus sempervirens), and Monterey cypress (Hesperocyparis macrocarpa - 2 trees; one on neighboring property). Three (3) trees had previously been removed and were reported as fern pine (Afrocarpus gracilior - 2 trees), and Victorian box (Pittosporum undulatum - one tree) ●The inventory encompasses the trees that may be impacted by the proposed construction that fit Cupertino tree ordinance section 14.18 - Protected Trees ●Three (3) trees were in good condition, one (1) in fair condition, and four (4) trees were in poor condition. ●Tree height approximations ranged from 10 to 45 feet. ●Tree diameters at four and a half feet above grade/breast height (DBH) ranged from 14 inches on a single-trunked Monterey cypress to 38.5 inches on a multi-trunked Coast-live oak. ●Seven (7) trees are recommended for removal under the current plans - trees 1, 5, 6, 7, 8, 9, and 10. ○Per the Cupertino protected tree ordinance section 14.18.110, trees 1, 5, 6, 9, and 10 require a permit for removal. ○Based on the Replacement Tree Guidelines chart provided in section 14.18.160, the replacement ratio will be eighteen (18) 24” box trees box tree or nine (9) 36” box trees. The in-lieu fees for tree #9 are based on the tree appraisal value using the guidelines in the 10th Edition Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers ○Due to both observational and scientific evidence that the smallest tree planted is the most likely to be successful, the project Arborist recommends using 24-inch box trees onsite. However due to the high-density nature of the project, no more than ten plantings of strategically selected climate-adapted, drought-compatible, native, and regionally appropriate trees ○Planting recommendations are provided as an additional map. See Appendix B for details. ○The replacement value for the additional 8 - 24-inch box trees is recommended to be $400 a tree (following the values in the Menlo Park municipal code, which provides recommendations) or $3,200. Tree #9’s in lieu calculation was determined to be $24,250, for a combined total of $27,450. ●The neighboring Monterey pine is recommended for retention; tree protection measures are provided. This report focuses on tree protection recommendations for tree preservation and provides the CRZs and SRZs of these trees for planning purposes. DRG has provided general site preservation recommendations based on the provided construction plans. Arborist monitoring of construction is required whenever work is performed within the drip line of significant trees. Trenching must be done by hand or with pneumatic air spade excavation tools. The trees identified for preservation should be monitored by a Certified Arborist at the end of construction and ongoing as needed. Leon Townhouses - 10046 Bianchi Way, Cupertino 3 July 2023 91 PC 12-12-2023 91 of 240 Introduction Background Current plans for new construction at 10046 Bianchi Way in Cupertino include the demolition of the two existing multi-family homes, followed by the construction of seven new townhouses with newly dug foundations, driveway access, and newly installed walkways. The site will comprise structures and mostly hardscape, with a 5-10 foot green belt around the premises, and small front yards (approximately 6 ft at the narrowest measure). All trees over 4 inches in diameter on the property and adjacent properties that may be impacted by the proposed construction were assessed and evaluated for impacts in accordance with Cupertino tree ordinance sections 14.18.050, 060, 200, and 210. Assignment The arborist visually assessed each tree on the site, and the required tree data were collected using a portable tablet device. Following data collection, specific tree preservation plan elements were calculated that identified each tree's critical and structural root zones (CRZ and SRZ) to better ensure survivability during the planned development. This report establishes the condition of the trees and canopy within the project area. The trees were visually assessed, and photo documented so that changes in condition can be evaluated if needed. Planting recommendations were developed by reviewing the proposed development plans, City of Cupertino BMPs and ordinances, and industry BMPs regarding resilient tree species for the region. Limits of the Assignment Many factors can limit specific and accurate data when performing evaluations of trees, their conditions, and the potential for failure or response to site disturbances. No soil or tissue testing was performed. All observations were made from the ground on July 6, 2023, and no soil excavation to expose roots was performed. The most recent development plans were available to determine potential construction impacts. The determinations and recommendations presented here are based on current data and conditions that existed at the time of the evaluation and cannot be a predictor of the ultimate outcome for the evaluated trees in the future. No physical inspection of the upper canopy, sounding, resistance drilling, or other technologies were used in the evaluation of the trees. Purpose and Use of Report The purpose of this report is to provide a summary inventory of all trees within the project area of impact, including an assessment of the current condition and health, as well as providing a tree protection plan and planting recommendations for all evaluated trees/canopies that may be impacted by construction plans. The findings in this report can be used to make informed decisions on design planning and guide the trees' long-term care. This report and detailed tree protection plan can also be submitted to the City of Cupertino for permitting purposes. Observations Methods A visual inspection was used to develop the findings, conclusions, and recommendations found in this report. Data collection included measuring the diameter of significant trees at approximately 54 inches above grade (DBH), height estimation, a visual assessment of tree condition, structure, and health, and a photographic record. A rating percentage (0-100%) was assigned for each tree’s health, structure, and form, and the lowest percentage was used as the overall tree condition. Site Observations The project site is located in the City of Cupertino on Bianchi Way, just South of Stevens Creek Blvd. The parcel is a privately owned lot with two existing multi-family houses, connected by an exterior breezeway structure. The lot is 14,975 square feet and the maximum allowable is 8.57 units. The property is on level ground. Only trees impacted by the construction that met ordinance criteria for protection were assessed. Leon Townhouses - 10046 Bianchi Way, Cupertino 4 July 2023 92 PC 12-12-2023 92 of 240 Tree Observations Eight (8) trees were assessed, consisting of seven (7) distinct species; these consist of black walnut (Juglans negra), Coast live oak (Quercus agrifolia), common fig (Ficus carica), glossy privet (Ligustrum lucidum), Hollywood juniper (Juniperus chinensis), Italian cypress (Cupressus sempervirens), and Monterey cypress (Hesperocyparis macrocarpa - 2 trees; one on neighboring property). Three (3) trees had previously been removed and could not be observed by the arborist. These were reported as fern pine (Afrocarpus gracilior - 2 trees), and Victorian box (Pittosporum undulatum - one tree), and are only included as part of this report because they are on the survey. Please note that these are included in the tree calculations. The trees are mostly mature, and tree condition ratings were good for three (3) trees, fair for one (1) tree, and poor for four (4) trees. Tree diameters ranged from 14 inches for a single-trunked Monterey cypress to 38.5 inches for a multi-trunked Coast live oak with an average of 20.4 inches. Tree heights ranged from 10 feet to 45 feet, with an average height of 27.5 feet. A map of tree locations can be found in Appendix A. Tree photographs can be found in Appendix C and a complete Tree Inventory and Condition Assessment can be found in Appendix D. Root Zone Calculations The trunk diameters of the assessed trees are often used to determine the Critical Root Zone (CRZ). The CRZ is considered the ideal preservation area for a tree. It can be calculated by adding 1 foot of radius for every inch of trunk diameter measured at 4.5 feet from grade/breast height (DBH). For example; a tree with a DBH of 10 inches has a calculated CRZ radius of 10 feet from the trunk. The CRZ represents the typical rooting area required for tree health and survival. As this project is located in the City of Cupertino, CRZ was substituted with the city standard of the circular area around a tree with a radius measured to the nearest foot of the tree’s longest dripline to determine the Tree Protection Zone (TPZ) as seen in Table 1 according to Cupertino’s ordinance 14.18 APPENDIX A: STANDARDS FOR THE PROTECTION OF TREES DURING GRADING AND CONSTRUCTION OPERATIONS. Some impact (25% or less) within this zone is typically acceptable for average to good-condition trees with basic mitigation/stress reduction measures. Construction activities should not occur within the TPZ of any tree to be retained. This includes but is not limited to the storage of materials, parking of vehicles, contaminating soil by washing out equipment, (concrete, paint, etc.), or changing soil grade. The structural root zone was calculated using a commonly accepted method established by Dr. Kim Coder in Construction Damage Assessments: Trees and Sites.In this method, the root plate size (i.e. pedestal roots, zone of 1 rapid taper area, and roots under compression) and limit of disruption based upon tree DBH is considered as a minimum distance that any disruption should occur during construction. A significant risk of catastrophic tree failure exists if structural roots within this given radius are destroyed or severely damaged. The SRZ is the area where minimal or no disturbance should occur without arborist supervision. The TPZ and SRZ for the surveyed trees are listed in Appendix B, Table 2. Conclusion and Recommendations Based on visual evaluations and the impacts of the proposed development, all trees have the ability to be impacted. The following recommendations will minimize the impacts as much as possible. ●Trees 1, 6, 7, 8, and 9 are within the footprint of the proposed construction and will require removal. ●Trees 5 and 10 are both in poor condition and the impact of the demolition and construction on the CRZ of the trees will be too significant, requiring these trees to be removed as well. 1 Dr. Kim D. Coder, University of Georgia June 1996 Leon Townhouses - 10046 Bianchi Way, Cupertino 5 July 2023 93 PC 12-12-2023 93 of 240 ●Per the Cupertino protected tree ordinance section 14.18.110, trees 1, 5, 6, 9, and 10 require a permit for removal ●Tree 11 is on the neighboring property and will require tree protection as well as a monitoring schedule during construction. ●Tree 11 TPZ fencing should be installed to encompass as much of the TPZ that overhangs the subject property. If the neighbors agree, it is recommended that TPZ fencing fully encompass the tree and extend onto the property where the tree is located. ●Arborist monitoring must be performed when removal of the existing driveway occurs, as well as during excavation and compaction for the new driveway. All excavation within the CRZ must be hand-dug or performed by air spade with the project arborist on site, and the arborist must approve the pruning of roots over 2 inches. Any roots uncovered or pruned must be wrapped in damp burlap that will be kept moist until the roots are able to be covered over with soil. ●TPZ fencing should be 6 feet in height and constructed of chain link fencing. The fencing may be moved within the dripline if directed by the project arborist or City Arborist but cannot be moved to within 2 feet of the trunk. Fence posts should be 2-inch in diameter and galvanized, and installed 2 feet below grade. Posts may be movable rather than below grade if instructed by the City Arborist and may not be spaced more than 10 feet apart. Signs must be posted stating: “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY/PROJECT ARBORIST. NO STORING OF MATERIALS OR MACHINERY.” The fence may not be moved without authorization from the project arborist or City Arborist. ●TPZ fencing must be in place before any equipment is on-site and must remain in place for the entirety of the project and only be removed, temporarily or otherwise, with the approval of a Certified Arborist while activities are directly supervised, and replaced immediately after. ●Monitoring of the tree protection specifications by an ISA Certified Arborist or ASCA Registered Consulting Arborist is required at monthly intervals.A corresponding monitoring letter should be provided to the project confirming the results of the project monitoring. ●No material shall be stored, nor concrete basins washed, or any chemical materials or paint stored within the TPZ of trees, and no construction chemicals or paint should be released into landscaped areas, as these can be toxic to trees and contaminate the soil. ●After construction is complete, the property owner should monitor the trees for at least one year and contact a Certified Arborist to inspect if any lean, limb die-back, leaf drop, or foliage discoloration develops. Considerations for Tree #9 - The Coast Live oak (Quercus agrifolia) Tree 9 is at the back property line. It is pushing the good neighbor fence and has caused damage to the parking lot of the church on the other side of the fence from the subject property. Due to the location of this tree directly on the property line, this tree appears to be a volunteer that was allowed to mature over time. The planned construction is scheduled to have excavation within less than 7 ft of this tree’s trunk, putting trenching right through the middle of the 17 ft SRZ, which is the area of the root zone, which cannot be disturbed due to severe risk of health or structural impacts (see Root Zone Calculations section for more details), and well into the 38.5 ft CRZ, which is the area where minimal disturbance should take place.Quercus agrifolia has a low tolerance for root damage, and an impact this severe is likely to be catastrophic to the health and/or structure of this tree, contributing to an untimely decline or tree failure. Without making significant plan changes, which will affect the density usage of this parcel, retaining this tree is not advised. Even with design changes, the tree will need to undergo significant root pruning, which may still affect the health and structure, but also is likely to result in reaction growth of new roots that will damage the hardscape and foundations of the new homes, leading to costly repairs and the removal of this tree within as few as five to ten years. Removal of tree 9 is recommended. Since the DBH of this tree is above 36”, in-lieu fees will be calculated for this tree using the trunk formula method as described in the 10th edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers. The basic formula is as follows: Unit Tree Cost x Condition Rating (%) x Functional Limitations (%) x External Limitations (%) Leon Townhouses - 10046 Bianchi Way, Cupertino 6 July 2023 94 PC 12-12-2023 94 of 240 The basic tree cost is the sum of the installed tree cost and the cost of the difference between the adjusted trunk area and the replacement tree size (appraised tree size increase multiplied by unit tree cost). Size was measured as trunk cross-sectional area (square inches), calculated by 0.785 x (DBH)²; where a circular cross-section was assumed. Species size and cost data were obtained from the ISA Western Chapter Species Classification for Landscape Tree Appraisal (2004). The Western rating was used. No nursery group data were used as the Basic Tree Cost was calculated using the above formula(s). Unit tree cost was determined to be $175. The condition rating was based on field observations already described. The functional and external limitation ratings were based on field and aerial imagery observations. The basic functional replacement tree cost was then calculated by multiplying the functional replacement tree cross-section area by the unit tree cost. The depreciated functional replacement tree (calculated using the basic functional replacement cost, the overall condition rating (%), the functional limitations rating (%), and the external limitations rating (%)) is then calculated, then rounded to provide the rounded replacement cost. Tree #Botanical Name Condition External Limitations (%) Functional Limitations (%) Total Appraisal Cost ($) Rounded Total Appraisal Cost ($) 9 Quercus agrifolia Good (61-80%)75%50%$24,249 $24,250 Recommended Planting Palette Appendix B shows the location and species of trees recommended for planting as part of the new planting plan. While Cupertino has a guideline of Callery pears as street trees in this neighborhood, these trees are poorly structured, susceptible to fireblight, and in some regions, are considered invasive species. This leads to a lengthy and painstaking maintenance process that may result in specimens with limb failures, with pest and disease issues, and that is not contributing to a long-term resilient urban forest for Cupertino. For this reason, the project arborist suggests using Cornus nutallii x florida (‘Eddies White Wonder’ dogwood) as the replacement street tree species. These trees will have beautiful white spring flowers, but are climate and drought-adapted, and do not have any pervasive pest and disease issues, nor do they have similar invasive properties. As an ornamental species,Parkinsonia aculeata (Jerusalem thorn) has been selected. This showy and drought-tolerant tree will provide beautiful color, but stay hearty for the climate even if it were to become 5-10 degrees F warmer on average. Finally,Quercus douglasii (blue oak) was selected as the property shade tree. These native slow growers will develop a large canopy over time but will provide enough time for maintenance to be able to take place to train the trees into an appropriate structure so that they will not negatively impact the condition of the buildings. Pruning of these trees can take place in a thoughtful, planned, judicious manner, as it would likely be 75 or more years before these trees would begin to damage the structures if left unmaintained. Each tree should have a dedicated bubbler for its establishment and should receive approximately 1.5-2 gallons of water per inch of trunk diameter per week based on soil absorption levels. This value should be adjusted during the rainy season accordingly. The soil should be moist but should not be maintained soggy, as these trees are adapted for dryer climates. Care should be taken not to overwater the oaks during the summer months, as they are accustomed to a naturally Mediterranean climate and expect dryer conditions. Soil moisture should be maintained in the basins of the newly planted trees with a 3-4 inch layer of mulch. being sure to keep the trunk flares clear of mulch for proper airflow, and mulching to the trees’ dripline wherever possible. The planting plan shows 10 new trees to be planted on site. While 36-gallon trees would be the quickest way to accomplish the City’s planting standards, the project arborist recommends planting 24-inch box trees. Both observational (throughout this arborist’s 17-year career) and scientific (University of Arizona; Jim Downer) evidence Leon Townhouses - 10046 Bianchi Way, Cupertino 7 July 2023 95 PC 12-12-2023 95 of 240 supports that on a five-year or less timeline, no difference can be observed between a 15-gallon tree and a 36-inch box tree in regard to their size, but the 36-inch box tree adds additional costs to the project and often has poor root structure that cannot be remedied due to being in either its 15-gallon container or 24-inch box too long. The smaller the tree, the faster it will usually develop, as it is under less stress than a larger transplanted tree. Since the City does not offer 15-gallon as a replacement size, the project arborist recommends that the smallest size option of 24-inch boxes be allowed for the replacement trees. Based on the Replacement Tree Guidelines chart provided in section 14.18.160, the replacement ratio will be eighteen (18) 24” box trees box tree or nine (9) 36” box trees. The in-lieu fees for tree #9 are based on the tree appraisal value using the guidelines in the 10th Edition Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers. The replacement value for the additional 8 - 24-inch box trees is recommended to be $400 a tree (following the values in the Menlo Park municipal code, which provides recommendations) or $3,200. Tree #9’s in lieu calculation was determined to be $24,250, for a combined total of $27,450. Leon Townhouses - 10046 Bianchi Way, Cupertino 8 July 2023 96 PC 12-12-2023 96 of 240 Appendix A – Location Map Leon Townhouses - 10046 Bianchi Way, Cupertino 9 July 2023 97 PC 12-12-2023 97 of 240 Appendix B – Planting Map Planting plan recommendations Leon Townhouses - 10046 Bianchi Way, Cupertino 10 July 2023 98 PC 12-12-2023 98 of 240 Appendix C – Tree Photos Sample set. Additional photos are available upon request. Photo 1. Tree #1 is a Monterey cypress in poor condition that will be removed for the project Leon Townhouses - 10046 Bianchi Way, Cupertino 11 July 2023 99 PC 12-12-2023 99 of 240 Photo 2. Tree #5 is in poor condition and will be removed for the project. Leon Townhouses - 10046 Bianchi Way, Cupertino 12 July 2023 100 PC 12-12-2023 100 of 240 Photo 3. Tree #6 is in goof condition, but is in the footprint of the proposed project and will require removal Leon Townhouses - 10046 Bianchi Way, Cupertino 13 July 2023 101 PC 12-12-2023 101 of 240 Photo 4. Tree #7 is in good condition but is in the footprint of the planned construction and will require removal Leon Townhouses - 10046 Bianchi Way, Cupertino 14 July 2023 102 PC 12-12-2023 102 of 240 Photo 5. Tree #8 is in poor condition and will be removed as part of the project Leon Townhouses - 10046 Bianchi Way, Cupertino 15 July 2023 103 PC 12-12-2023 103 of 240 Photo 6. Tree #9, located on the property line, will have significant construction impacts and requires removal Leon Townhouses - 10046 Bianchi Way, Cupertino 16 July 2023 104 PC 12-12-2023 104 of 240 Photo 7. Tree #10 is a poor-condition fig tree in partial failure that will be removed as part of the project Leon Townhouses - 10046 Bianchi Way, Cupertino 17 July 2023 105 PC 12-12-2023 105 of 240 Photo 8. Tree #11, the neighboring Monterey cypress is in fair condition and will require tree protection Leon Townhouses - 10046 Bianchi Way, Cupertino 18 July 2023 106 PC 12-12-2023 106 of 240 Appendix D – Tables Table 1. Tree Inventory and Root Zones Tree #Stems DBH (in.)Common Name Botanical Name Height (ft)Canopy (ft) SRZ (Radius in ft) CRZ (Radius in ft) 1 1 16 Monterey cypress Hesperocyparis macrocarpa 40 27 7 13.5 2 1 18 Victorian box Pittosporum undulatum n/a n/a n/a n/a 3 1 20 Fern pine Afrocarpus gracilior n/a n/a n/a n/a 4 1 18 Fern pine Afrocarpus gracilior n/a n/a n/a n/a 5 3 29.5 Black walnut Juglans negra 30 40 13 20 6 1 19 Italian cypress Cupressus sempervirens 45 12 9 6 7 2 15.5 Hollywood juniper Juniperus chinensus 10 18 7 9 8 5 16.5 Glossy privet Ligustrum lucidium 15 12 7 6 9 2 38.5 Coast live oak Quercus agrifolia 35 50 17 25 10 1 19 Common fig Ficus carica 25 36 9 18 11 1 14 Monterey cypress Hesperocyparis macrocarpa 20 24 6 12 Leon Townhouses - 10046 Bianchi Way, Cupertino 19 July 2023 107 PC 12-12-2023 107 of 240 Table 2. Condition Assessment June 2023 Tree # Common Name Health (%) Structure (%) Form (%) Ordinance Size (Y/N) Removal Proposed (Y/N)Notes 1 Monterey cypress 50%45%35%Y Y Girdling Roots, Root Damage/Decay, Co-Dominant Stems, Small Deadwood (1-2"), Low Vigor, Stressed, Overhead Utilities, Driveway damage ~3 inches 2 Victorian box n/a n/a n/a n/a REMOVED 3 Fern pine n/a n/a n/a n/a REMOVED 4 Fern pine n/a n/a n/a n/a REMOVED 5 Black walnut 45%35%35%Y Y Trunk Decay, Co-Dominant Stems, Small Deadwood (1-2"), Stressed, Branch Decay, Gopher issues, cavity at base 6 Italian cypress 75%65%65%Y Y Buried Root Collar, Included Bark/Weak Union, Co-Dominant Stems, Small Deadwood (1-2"), Insect/Disease Problem, Sidewalk lift of about 2 inches 7 Hollywood juniper 75%75%75%N Y Co-Dominant Stems, Small Deadwood (1-2") 8 Glossy privet 35%45%40%N Y Buried Root Collar, Included Bark/Weak Union, Co-Dominant Stems, Large Deadwood (3"+), Small Deadwood (1-2"), Severe Decline, Branch Decay 9 Coast live oak 80%65%70%Y Y Buried Root Collar, Included Bark/Weak Union, Co-Dominant Stems, Large Deadwood (3"+), Small Deadwood (1-2"), Branch Decay 10 Common fig 85%30%30%Y Y Trunk Decay, Included Bark/Weak Union, Co-Dominant Stems, Broken Limbs, Tree has already failed 11 Monterey cypress 80%60%60%N N Small Deadwood (1-2"), Overhead Utilities Leon Townhouses - 10046 Bianchi Way, Cupertino 20 July 2023 108 PC 12-12-2023 108 of 240 Leon Townhouses - 10046 Bianchi Way, Cupertino 21 July 2023 109 PC 12-12-2023 109 of 240 TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 95113-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 www.berliner.com Branch Offices Merced, CA • Modesto, CA ____________ ____________ FOUNDERS SANFORD A. BERLINER (d. 2020) SAMUEL J. COHEN OF COUNSEL STEVEN L. HALLGRIMSON PEGGY L. SPRINGGAY FRANK R. UBHAUS RALPH J. SWANSON NANCY L. BRANDT LESLIE KALIM McHUGH BRADLEY HEBERT ERIC D. CAPRON STUART B. SPENCER THOMAS P. MURPHY KATHRYN G. SPELMAN September 21, 2023 SUBMITTED WITH PROJECT APPLICATION Danielle Condit, Associate Planner Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 daniellec@cupertino.org Re: Affordable Housing Plan and Density Bonus Report for Housing Development Project Proposed at 10040 & 10046 Bianchi Way, APN 359-07-021 (Leon Hu) Dear Danielle Condit: This letter is on behalf of Leon Hu (the “Applicant”) with respect to the above referenced project (the “Project”). Attached hereto is the Applicant’s Affordable Housing Plan and Density Bonus Report for the Project, dated August 15, 2023, which was submitted with the prior resubmittal for the Project. The attached letter is hereby resubmitted, subject to one clarification. The first bullet-point on page 3 of the attached letter refers to a 35-foot front setback requirement. This should refer to a 20-foot setback requirement. As such, the first bullet-point is hereby revised to read as follows: “An exception to the 35-foot and 20-foot front yard setback pursuant to the Heart of the City Specific Plan (the “Plan”) at § 1.01.030.B.1 and CMC 19.36.070. As shown on Sheet A1.0 of the plan set, the proposed front setback is approximately six feet for the length of the townhouses along Bianchi Way. If 35-feet or 20-feet were provided, these units would lose approximately half a substantial portion ANDREW L. FABER SAMUEL L. FARB JAMES P. CASHMAN STEVEN J. CASAD NANCY J. JOHNSON JEROLD A. REITON JONATHAN D. WOLF KATHLEEN K. SIPLE KEVIN F. KELLEY MARK MAKIEWICZ JOLIE HOUSTON BRIAN L. SHETLER HARRY A. LOPEZ CHARLES W. VOLPE CHRISTINE H. LONG AARON M. VALENTI CHRISTIAN E. PICONE SUSAN E. BISHOP SANDRA G. SEPÚLVEDA MICHAEL B. IJAMS KIMBERLY G. FLORES DAWN C. SWEATT TYLER A. SHEWEY JAMES F. LANDRUM, JR. MICHAEL J. CHENG EILEEN P. KENNEDY JOSHUA BORGER BENJAMIN M. JOHNSON STEPHEN C. SCORDELIS C. DAVID SPENCE ALESHIA M. WHITE DENNIS CHIN ALEXANDRIA N. NGUYEN LEILA N. SOCKOLOV ALAN LAW TIMOTHY K. BOONE BLAINE R. COX ANGELA SHAW DAVID A. BELLUMORI NATHAN C. BRADY BRANDON L. REBBOAH LINDSAY I. WALCZAK MAYSA SAEED IRIS C. CHIU MAKAYLA A. WHITNEY JACE D. LYNCH MARISA J. MARTINSON CHEYENNE A. VANKIRK MARIA I. PALOMARES BENJAMIN H. WOHLFORD KEVIN S. LANDIS TIFFANY A. SCOGGIN CHRISTIAN D. WICK STACEY A. MACIAS JENNIFER N. WISE JULIA L. COVELLO SAM ATABAY BIDGOLI MATTHEW C. TOSCANO ROBERT AVERSA-GOODMAN 110 PC 12-12-2023 110 of 240 NAME September 21, 2023 -2- of their buildable area, requiring either a loss in density or significantly smaller units of a product type the Applicant is not proposing.” No change is proposed to footnote 8 of the letter. Please let me know if you have any questions, comments, or concerns. Very truly yours, BERLINER COHEN, LLP ANDREW L. FABER E-Mail: andrew.faber@berliner.com ALF:ER Attachment 111 PC 12-12-2023 111 of 240 TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 95113-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 www.berliner.com Branch Offices Merced, CA • Modesto, CA ____________ ____________ FOUNDERS SANFORD A. BERLINER (d. 2020) SAMUEL J. COHEN OF COUNSEL STEVEN L. HALLGRIMSON PEGGY L. SPRINGGAY FRANK R. UBHAUS RALPH J. SWANSON NANCY L. BRANDT LESLIE KALIM McHUGH BRADLEY HEBERT ERIC D. CAPRON STUART B. SPENCER THOMAS P. MURPHY KATHRYN G. SPELMAN August 15, 2023 SUBMITTED WITH PROJECT APPLICATION Danielle Condit, Associate Planner Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 daniellec@cupertino.org Re: Affordable Housing Plan and Density Bonus Report for Housing Development Project Proposed at 10040 & 10046 Bianchi Way, APN 359-07-021 (Leon Hu) Dear Danielle Condit: This letter is on behalf of Leon Hu (the “Applicant”) with respect to the above referenced project (the “Project”). This letter is provided pursuant to Item Nos. 11 and 17 identified in the City’s General Planning Application Checklist (the “Checklist”). Part I below provides an overview of the Project. Part II is the Project’s Affordable Housing Plan as required in Item No. 11 of the Checklist. Part III is the Project’s Density Bonus Report as required in Item No. 17 of the Checklist. I. Project Overview The Project site is 0.34 gross acres in size and is in the Crossroads area of the Heart of the City Specific Plan. The zoning designation for the site is P(CG, Res), and the site has a General Plan designation of Commercial/Office/Residential. According to Figure LU-2 of the General Plan, the maximum density for the site is 25 dwelling units per acre. Thus, for purposes of the Density ANDREW L. FABER SAMUEL L. FARB JAMES P. CASHMAN STEVEN J. CASAD NANCY J. JOHNSON JEROLD A. REITON JONATHAN D. WOLF KATHLEEN K. SIPLE KEVIN F. KELLEY MARK MAKIEWICZ JOLIE HOUSTON BRIAN L. SHETLER HARRY A. LOPEZ CHARLES W. VOLPE CHRISTINE H. LONG AARON M. VALENTI CHRISTIAN E. PICONE SUSAN E. BISHOP SANDRA G. SEPÚLVEDA MICHAEL B. IJAMS KIMBERLY G. FLORES DAWN C. SWEATT TYLER A. SHEWEY JAMES F. LANDRUM, JR. MICHAEL J. CHENG EILEEN P. KENNEDY JOSHUA BORGER BENJAMIN M. JOHNSON STEPHEN C. SCORDELIS C. DAVID SPENCE ALESHIA M. WHITE DENNIS CHIN ALEXANDRIA N. NGUYEN LEILA N. SOCKOLOV ALAN LAW TIMOTHY K. BOONE BLAINE R. COX ANGELA SHAW DAVID A. BELLUMORI NATHAN C. BRADY BRANDON L. REBBOAH LINDSAY I. WALCZAK MAYSA SAEED IRIS C. CHIU MAKAYLA A. WHITNEY JACE D. LYNCH MARISA J. MARTINSON CHEYENNE A. VANKIRK MARIA I. PALOMARES BENJAMIN H. WOHLFORD KEVIN S. LANDIS TIFFANY A. SCOGGIN CHRISTIAN D. WICK STACEY A. MACIAS JENNIFER N. WISE JULIA L. COVELLO SAM ATABAY BIDGOLI MATTHEW C. TOSCANO ROBERT AVERSA-GOODMAN JARED DOBBS 112 PC 12-12-2023 112 of 240 Danielle Condit August 15, 2023 -2- Bonus Law (Government Code Section 65915, et seq.) (the “DBL”), the site has a base density of nine units.1 The Project proposes seven ownership units, which is less than the base density. One of these units (or 14%) is proposed as a median-income unit (the “BMR Unit”). Pursuant to the DBL, an applicant proposing to provide at least 10% of ownership units to moderate-income households is entitled to a density bonus.2 Here, the allowable bonus is 9%, so that the total allowable density with a density bonus is ten units.3 Although the Project does not propose this density, the Applicant is requesting waivers, one concession,4 and a parking reduction under the DBL, which he is allowed to do pursuant to Government Code Section 65915(f). In addition to qualifying the Project for waivers, one concession, and a parking reduction, providing the BMR Unit satisfies the requirements of the City’s Below Market Rate Housing Procedures Manual (the “BMR Manual”). The project proposes six market-rate units, and so should be treated as a six-unit project for purposes of any housing mitigation.5 Section 4.2 of the BMR Manual states that an applicant for a housing development project with six or fewer units either can pay an affordable housing fee or provide one inclusionary unit pursuant to Section 2.3 of the BMR Manual. That unit must be a median-income unit, pursuant to Section 2.3.1, which is what the BMR Unit is proposed to be. For reference, the proposed BMR Unit would be Unit A-2 as shown on Sheet A3.0 of the Project’s plan set, submitted with this letter. The BMR Unit will be consistent in size with the other units in the Project, as shown from the following table: Bedroom Count Size Average Unit Size 3 bedrooms 2,074 Square Feet BMR Unit 3 bedrooms 2,067 Square Feet 1 For purposes of determining the “base density” under Government Code Section 65915(o)(6), general plan density prevails over zoning. Also, per Section 65915(f), gross area is used instead of net area. See also http://www.hcd.ca.gov/community-development/housing-element/docs/sdiencinitas-nov-densitybonus- 03252021.pdf. Finally, under Section 65915(q), all density calculations must be rounded up to the nearest whole number. Applying these principles here, 0.34 x 25 = 8.5 ~ 9 units. 2 Gov. Code § 69515, subd. (b)(1)(D). 3 Again, base density is 9 units. 9 x 0.09 = .81 ~ 1. Nine base units plus one bonus unit equals 10 total units. See Gov. Code, § 65915, subds. (f)(4), (q). 4 The DBL uses the term “incentive or concession” rather than “concession,” but the term “incentive or concession” can be confusing since it suggests that “incentives” and “concessions” are separate things, even though analytically they constitute a single type of benefit available to developers of affordable housing. Therefore, this letter will use the term “concession” to refer to a “concession or incentive.” 5 See Gov. Code, § 65915.1 (“For purposes of Section 65915, affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, shall not be imposed on a housing development’s affordable units.”). 113 PC 12-12-2023 113 of 240 Danielle Condit August 15, 2023 -3- The Project is eligible for one concession, pursuant to Government Code Section 65915(d)(2)(A). The Project proposes a concession from the requirements of Cupertino Municipal Code §14.18.030, which prohibits removal of protected trees without a permit or doing anything that would “cause any protected tree to be irreversibly damaged or to die.” Here, the project site contains a tree that the City has designated as protected, specifically the existing Coast Live Oak (Quercus agrifolia), located along the easterly side of the Project site. Preserving this tree would require expensive changes to the Project that would affect density and would not guaranty the tree’s survival. An analysis in support of granting a concession from this requirement is set forth in Part III below. As explained in Part III, if a concession is denied, then in the alternative the Applicant requests a waiver since the Project changes necessary to preserve the tree would reduce Project density.6 As explained in further detail in Part III below, the Project proposes 14 covered parking spaces, consistent with Government Code Section 65915(p).7 Finally, the Project requires eight waivers, including the following: • An exception to the 35-foot front yard setback pursuant to the Heart of the City Specific Plan (the “Plan”) at § 1.01.030.B.1. As shown on Sheet A1.0 of the plan set, the proposed front setback is approximately six feet for the length of the townhouses along Bianchi Way. If 35 feet were provided, these units would lose approximately half of their buildable area, requiring either a loss in density or significantly smaller units of a product type the Applicant is not proposing.8 • An exception to the minimum rear yard setback pursuant to Plan § 1.01.030.C.2 of half the building height, or 45 feet. The proposed rear yard setback is 12 feet.9 As shown in Figure 1 of Sheet A1.1 of the plan set, if this setback were enforced, portions of Units A-1, A-2, A-3, and A-4 would be lost, requiring either a loss in density or a significant project redesign. 6 The Applicant is aware that pursuant to Chapter 14.18 of the Municipal Code, as an alternative to a concession or waiver, the Planning Director has authority to grant permits to remove protected trees, including because, as relevant here, preserving the tree restricts the owner’s economic enjoyment of the property. (See Municipal Code § 14.18.180.A.2.) However, the Project is not feasible without certainty that the tree can be removed, the application process itself would be cost prohibitive, the Director’s authority is discretionary, the Director has the option under Municipal Code § 14.18.110.C to refer the decision to another approval authority, and staff has already indicated that they anticipate having a difficult time making the required findings under § 14.18.180 to grant a tree removal permit. As explained in Part III, the findings for a concession or waiver can be made under state law without the need to apply for tree removal permits. 7 If the City denies the Applicant’s request for a DBL parking reduction, then the Applicant hereby asserts his right to a parking exemption pursuant to Government Code Section 65863.2. According to Metropolitan Transit Commission Maps, there is a bus stop qualifying as major transit stop located at the intersection of De Anza and Stevens Creek, which is within one-half mile of the Project site. 8 In the Applicant’s original submittal, a separate waiver was requested to the special features requirement of Plan § 1.01.030.B.3, which limits the extent to which features like balconies may extend into required setbacks. The Project cannot comply with this requirement as a corollary of the fact that the Project cannot comply strictly with any of the setback requirements. In this submittal, the setback has been recharacterized from nine to six feet so that special features are not encroaching. 9 In the original submittal, this setback was characterized as 15 feet and encroaching balconies were treated as special features. The setback has been adjusted to avoid this. See Footnote 8. 114 PC 12-12-2023 114 of 240 Danielle Condit August 15, 2023 -4- • An exception to the required 15-foot side yard setbacks pursuant to Plan § 1.01.030.C.1.10 The proposed setbacks are 10 feet. As shown in Figure 3 of Sheet A1.1 of the plan set, if this setback were enforced, portions of Units A-1, A-4, and B-3 would be lost, again requiring either a loss in density or a significant project redesign. • An exception to the building form requirements of Plan § 1.01.040.E.2, which includes requirements for terracing or stepbacks. As shown in Figures 4 and 5 of Sheet A1.1 of the plan set, significant portions of most of the proposed units would be lost at the upper floors if this requirement were enforced. As shown in Figures 2 and 3 of the same sheet, only Unit B-2 would be unaffected, and nearly all of Units A-3, A-4, and B-2 would be lost. • An exception to the common open space requirement in Plan § 1.01.040.C.2.a, which requires 150 square feet per unit of common open space outside of required setbacks. The Project does not propose any common open space because the site is constrained. To provide common open space outside of setbacks, the Project would lose either density or necessary vehicle circulation areas. See Figure 2 of Sheet A1.2, which illustrates these circumstances. • An exception to the landscaped greenspace requirement in Plan § 2.01.010.G1, which the Project cannot provide without meeting the open space requirement already addressed above. • An exception to the landscaped hardscape requirement in Plan § 2.01.010.G2, which again is contingent on providing common open space that the Project cannot provide. • An exception to the requirements of Plan § 1.01.040.A.2.d that service accesses be avoided near existing residential areas and that service accesses should be provided from rear parking areas. Here, all access is from Bianchi Way, and to provide service access from the rear of the Project site would require a complete redesign of the Project. As explained in Part III below, if a project is entitled to waivers under the DBL, then the local agency cannot require that the project be redesigned to be consistent with standards from which waivers are sought. II. Checklist Item No. 11: Affordable Housing Plan For Item No. 11, the Checklist requires the Applicant to explain how the Project is consistent with the various requirements of the BMR Manual. For this requirement, please note the following discussion: • Chapter 1 (Introduction): Not applicable. 10 The requirement of § 1.01.030.C. is that the setback be half the height of the building with a ten-foot minimum. In the City’s view, because the building is 30 feet in height, a 45-foot setback is required. In the Applicant’s view, the requirement should be construed as applying separately for each floor to allow a step-back. This is consistent with Plan § 1.01.040.E.2. Thus, the top floor must be setback 45 feet, but with the second story at 19 feet, a 28.5- foot setback would be required at that floor, etc. See Section B-B of Sheet A1.1 for an illustration. The Applicant is entitled to the benefit of this interpretation pursuant to Government Code Section 65582.5(f)(4), but the point is moot because the Project does not meet the setback requirement under either interpretation and is entitled to a waiver for reasons articulated in Part III. 115 PC 12-12-2023 115 of 240 Danielle Condit August 15, 2023 -5- • Chapter 2 (Housing Mitigation Program): o Section 2.1: The BMR Manual applies to the Project. o Section 2.2: The Project proposes six market-rate units, so that pursuant to Section 4.2 of the BMR Manual and Government Code Section 65915.1 (which prohibits imposing housing fees on affordable units), the Applicant’s option is to pay an affordable housing fee for the six market-rate units or to provide an affordable unit. Of these choices, the Applicant has chosen to offer the BMR Unit. o Section 2.3.1: Because the Project proposes only one affordable unit, the unit must be a median-income unit. The BMR Unit is proposed as a median-income unit, so this requirement is satisfied. o Section 2.3.2: Because the Project’s affordable housing obligation is limited to one unit, no payment or rounding is required for fractional units. o Section 2.3.3: The affordable housing plan for the Project is to offer Unit A-2 (see Sheet A3.0) as the BMR Unit, which will be a median-income unit. o Section 2.3.4: As indicated in Part I above, the BMR Unit will have the same number of bedrooms as the other units, and its unit size is less than ten square feet less than the average unit size. As such, the size of the BMR Unit will be generally comparable with the market-rate units. With only seven units in the project, dispersal is not an issue. The BMR Unit will be indistinguishable from the market-rate units from the exterior in terms of design and quality of finishes, and the Applicant acknowledges the requirement that the interior finishes be durable, good quality, and consistent with contemporary standards. o Section 2.3.5, 2.3.6, and 2.3.7: The Applicant acknowledges that the initial sale price of the BMR Unit will be determined by the City consistent with Section 2.3.5, that the term of affordability will be 99 years, and that the Applicant will be required to enter into an affordable housing agreement with the City as a condition of approval. • Chapter 3 (Mitigation Requirements for Non-Residential Developments): Not applicable since the Project does not propose non-residential development. • Chapter 4 (Mitigation Requirements of Ownership Residential Developments): Again, Section 4.2 applies to the Project since it proposes six ownership market-rate units, and the Project will satisfy the requirements of this section by providing the BMR Unit. • Chapter 5 (Mitigation Requirements of Rental Residential Developments): Not applicable. The housing units in the development will be ownership units. 116 PC 12-12-2023 116 of 240 Danielle Condit August 15, 2023 -6- • Chapter 6 (Mitigation Requirements for Mixed-Use Projects): Not applicable because the Project does not propose non-residential development. • Chapter 7 (Alternatives to BMR Requirements): Not applicable. The Project does not propose any alternative to meeting the City’s BMR requirements. • Chapter 8 (City Incentives): The Project requests a density bonus, and the Applicant welcomes any additional incentives the City may be willing to provide. III. Checklist Item No. 17: Density Bonus Report As outlined in Part I above, the Project does not propose an increase in density, but it does propose one concession and eight waivers. It also proposes a parking reduction pursuant to Government Code Section 65915(p)(1)(B), which states a project qualifying for a density bonus is not required to provide more than 1.5 parking spaces per three-bedroom unit. Here, each of the seven units in the Project is a three-bedroom unit, so the Project’s parking obligation is only 11 spaces. The Project exceeds this requirement by providing 14 spaces, or two spaces per unit of covered garage parking. Insofar as the City may impose any additional requirements relating to parking, the Project is exempt pursuant to Government Code Section 65915(p)(4). Alternatively, the Project is entitled to a waiver of any such requirement because, as shown in Figure 1 of Sheet A1.2, the Project site is constrained and has no additional room for parking without a loss of density or significant project redesign. As explained in Footnote 5 above, if the City denies all or any part of the Applicant’s request for reduction in parking standards, then the Applicant hereby claims a parking exemption pursuant to Government Code Section 65863.2. The following discussion addresses Item Nos. 17.a to 17.d of the Checklist: Item No. 17.a (location and square footage of units that qualify the project for a density bonus): Unit A-2 (see Sheet A3.0) is hereby identified as the BMR Unit. Item No. 17.b (location and square footage of the density bonus units): Nothing in Government Code Section 65915 requires applicants to identify or distinguish between base units and those units being granted pursuant to the density bonus. Moreover, the statutory scheme does not lend itself well to making such a distinction because it is the actual Project proposed that is under review and not a hypothetical project that does not qualify for a density bonus. The issue is moot, however, because the Project proposes fewer than the maximum allowable base units. Item No. 17.c (justification of requested waiver): As indicated above, the Project proposes a concession from the restrictions of Municipal Code § 14.18.030, which prohibits removal of protected trees without a permit or doing anything that would “cause any protected tree to be irreversibly damaged or to die.”11 As indicated in the brief arborist memo attached to this letter, the Coast Live Oak located on the property is ill suited for the site and will require expensive 11 Here, it is anticipated that if the tree is not removed, it will die as a result of the proposed construction activities. 117 PC 12-12-2023 117 of 240 Danielle Condit August 15, 2023 -7- changes to the Project to protect, which provide no guaranty of success. As shown on Sheet A1.3, implementation would also result in a loss of project square footage and would affect Units A-2, A-3, and A-4. It is unknown at this time what the cost of improvements required to preserve the tree would be. To determine that cost would itself be extremely expensive. What is known is that the loss of three units will cost the Applicant approximately $6 million in project revenues. Please see the attached memorandum from the Applicant’s architect. A four-unit project is not feasible, especially if the Applicant provides the BMR Unit. It is anticipated that the BMR Unit will sell at or below the cost to construct it, so that accounting for lost profits and construction costs, the Applicant will be subsidizing its construction. The Applicant is not seeking a bonus in density for the Project. He merely seeks waivers, concessions, and parking reductions to provide a number of units he is otherwise entitled to construct on the site to make the Project feasible. These benefits will make the Project profitable despite the Applicant’s subsidy in providing the BMR Unit. But a loss of three units and their anticipated $6 million in revenue will deprive the Applicant of these benefits. Unlike a waiver, which is an exception to a design rule, a concession may include an exception to any regulatory requirement a local agency may impose on housing development projects. See Government Code Section 65915(k), which defines a concession as a reduction in development standards, approval of a mixed-use project in a zoning district that typically does not allow for commercial uses, or any “[o]ther regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs.” Thus, the touchstone of a regulatory standard that qualifies for an exception as an exemption is demonstration of a cost savings. Here, the Applicant has demonstrated that the proposed concession would have a cost savings by preserving $6 million in revenue plus any costs necessary to build infrastructure that would protect the tree during construction. To deny the request for a concession, the City has the burden pursuant to Government Code Section 65915(d)(1) to demonstrate that the concession would not have an identifiable cost savings, that granting the concession would have a specific adverse impact on health or safety or on a historic resource, or that granting the concession would violate state law. The Applicant has identified a cost savings from not preserving the tree, and the Applicant knows of no basis to make the other two findings in the statute, which the City has the burden to prove in any event. Even if the City were to deny the requested concession, because preserving the tree would result in a loss of square footage so that the Project could not be built out to its allowable density, in the alternative to a concession the City must grant a waiver. The analysis for granting waivers follows in the next section below. Item No. 17.d (justification of requested waivers): Government Code Section 65915(e) states that the local agency shall waive any applicable development standard that would have the effect of physically precluding the Project unless the City finds that the waiver would violate state or 118 PC 12-12-2023 118 of 240 Danielle Condit August 15, 2023 -8- federal law or would have a significant and unmitigable impact on public health or safety, as defined in Government Code Section 65589.5(d)(2). The standard for reviewing waiver requests is described in Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755 (“Bankers Hill”). In Bankers Hill, the applicant for a housing development project that was approved by the City of San Diego sought various concessions and waivers for a project that qualified for a density bonus. Neighborhood groups challenged the approval, including on the ground that a height waiver for the project should have been denied because the project could have been redesigned with a smaller courtyard to avoid the need for the waiver. The court rejected the idea that the city could require a project-redesign to avoid the necessity of a waiver. According to the court, the city lacked discretion to deny the waiver because once the applicant “established its eligibility for the density bonus …, it was entitled to a waiver of any development standards that would preclude construction” of the proposed project unless the city could make findings of a specific, adverse impact on public health or safety, or unless granting the waiver would violate state or federal law.12 Citing earlier caselaw, the court explained that: “Standards may be waived that physically preclude construction of a housing development meeting the requirements for a density bonus, period. [Citation.] The statute does not say that what must be precluded is a project with no amenities, or that amenities may not be the reason a waiver is needed.”13 Stated differently, the applicant’s burden to justify a waiver is to show that under Government Code Section 65915, the project qualifies for the density proposed, and that the project cannot be constructed as proposed unless a waiver is granted. If the applicant meets this burden, the burden shifts to the local agency to identify a significant, adverse impact on public health or safety or a violation of state or federal law. The applicant is not required to consider or propose alternative projects that attempt to achieve the same density without the waivers sought. As described above in Part I, the Project requires eight waivers from standards that would physically preclude construction of the Project as proposed. For each standard, all or some portion of one or more units or their amenities would have to be eliminated to comply with the requirement. This would require a redesign of the Project that in turn would require either a reduction of density, smaller unit sizes than are feasible for the proposed product type, and/or a loss of private open space or other amenities. In that regard, each such standard would physically preclude the Project as proposed, so that the Project is entitled to be granted waivers from those standards unless the City makes the findings for denial articulated above. The Applicant is unaware of any circumstance that would justify findings for denial. For the foregoing reasons, the Project complies with the requirements of the City’s BMR 12 Bankers Hill, p. 774. 13 Id. at p. 775. 119 PC 12-12-2023 119 of 240 Danielle Condit August 15, 2023 -9- Manual, and it qualifies for waivers and a parking reduction pursuant to the DBL. Please let me know if I can assist you further in understanding the Project. Very truly yours, BERLINER COHEN, LLP JOLIE HOUSTON E-Mail: jolie.houston@berliner.com JH:jl Attachments 120 PC 12-12-2023 120 of 240 8/7/23, 4:26 AM Gmail - Leon Townhomes - Oak Tree https://mail.google.com/mail/u/0/?ik=776f50930d&view=pt&search=all&permthid=thread-f:1772316255398648928&simpl=msg-f:17723162553986489…1/2 Mike Wilson <mkibuildersinc@gmail.com> Leon Townhomes - Oak Tree 2 messages W Jeffrey Heid <wjheidasla@gmail.com>Mon, Jul 24, 2023 at 8:28 AM To: Mike Wilson <mkibuildersinc@gmail.com> Cc: Larry Wang <larrywang@tectoniccorp.com>, Kuan Chang <design1@tectoniccorp.com>, hu leon <leonhu2000@yahoo.com>, Elizabeth Lanham <Elizabeth.Lanham@davey.com>, Chris Wood <chris@lukassociates.com> Mike, This memo is in reference to the existing Coast Live Oak (Quercus agrifolia), located along the easterly side of this property and project. Much has been discussed regarding the location, health, affect on proposed construction, etc. and below are my observations and personal comments: 1) Most likely a volunteer, thus it was not originally selected and planned for that location with future development in mind. 2) Most likely not well maintained over time. One aspect of this being that the base of the tree has been buried. 3) Not typically a good urban tree based on its characteristics (size, mess with flowers, pollen and acorns). 4) Is a sensitive tree and can be compromised by poor pruning (both root and canopy) with the potential for disease. 5) There are proposed grade changes to accommodate necessary drainage for the project which has the potential for damage to the root system. . 6) Based on the proximity of the proposed structure and exterior site improvement, I anticipate extensive and expensive efforts will be necessary to work with the tree with no guarantee of success. 8) The tree does provides scale, shade, wildlife habitat, and beauty. 9) While not immediately achieved, these same qualities can be replaced through the appropriate selection and placement of new trees. 10) In determining an appropriate tree replacement program for this tree, as well as other qualifying trees to be removed, care shall also be taken in determining the size of the proposed tree and container. A large tree and root ball can be challenging to locate effectively without the potential for damage to new construction as well as to the tree itself. While a larger tree may be considered desirable, planting one with a smaller root mass will not only be easier, but will also acclimate itself to its new home faster. Let me know if you have any questions or comments to add. Regards, Jeff -- W. Jeffrey Heid LANDSCAPE ARCHITECT 1465 Winzer Place Gilroy, Ca. 95020 (408) 691-5207 www.wjeffreyheidlandscapearchitect.com Mike Wilson <mkibuildersinc@gmail.com>Mon, Jul 24, 2023 at 8:30 AM To: W Jeffrey Heid <wjheidasla@gmail.com> Cc: Larry Wang <larrywang@tectoniccorp.com>, Kuan Chang <design1@tectoniccorp.com>, hu leon <leonhu2000@yahoo.com>, Elizabeth Lanham <Elizabeth.Lanham@davey.com>, Chris Wood 121 PC 12-12-2023 121 of 240 Tectonic Builders Corp. Tectonic Architects and Associates 10118 Bandley Dr. #E, Cupertino, CA 95014 Tel: 408-216-0804 - 1 - August 11, 2023 Dear Danielle, Due to the location of the Live Oak Tree outlined on A 1.3 if it was to remain in place would have significant cost impacts to the development. A 1.3 shows there are (3) units affected by the critical root zones and the preservation of said zones. The structural infrastructure needed to complete this area of work including the backfill of 2ft of soil will cause this tree to stress and not survive. The arborists report provided states the removal is necessary. The estimated cost implications to redesign this project losing (3) units will be 6 Million (2 Million for each unit). In addition, the cost to redesign the infrastructure's utilities and structural components around the tree root zone would be upwards of 1 Million dollars. Sincerely, Tina Chang Accounting Assistant 122 PC 12-12-2023 122 of 240 Leon Townhomes Development CEQA Exemption City of Cupertino Prepared for: City of Cupertino Contact: Danielle Condit, Associate Planner City of Cupertino | Planning Division 10300 Torre Avenue | Cupertino, CA 95014 (408)777-3214 DanielleC@cupertino.org Prepared by: PlaceWorks Contact: Jacqueline Protsman Rohr, Associate II 2040 Bancroft, Suite 400 Berkeley, California 94704 (510) 848-3815 info@placeworks.com www.placeworks.com June 2023 123 PC 12-12-2023 123 of 240 124 PC 12-12-2023 124 of 240 June 2023 Page 1 Section Page 1. INTRODUCTION ................................................................................................................................................ 3 1.1 CATEGORICAL EXEMPTION ................................................................................................................... 3 2. PROJECT DESCRIPTION ..................................................................................................................................... 5 2.1 REGIONAL LOCATION ............................................................................................................................ 5 2.2 PROJECT SITE ........................................................................................................................................ 5 2.3 LAND USE AND ZONING DESIGNATIONS ............................................................................................ 10 2.4 GENERAL PLAN EIR ............................................................................................................................. 11 2.5 PROPOSED PROJECT ........................................................................................................................... 12 3. EXEMPTION ................................................................................................................................................... 21 3.1 SECTION 15332(A): GENERAL PLAN AND ZONING CONSISTENCY ..................................................... 21 3.2 SECTION 15332(B): PROJECT LOCATION, SIZE, AND CONTEXT ........................................................... 22 3.3 SECTION 15332(C): ENDANGERED, RARE, OR THREATENED SPECIES ................................................ 22 3.4 SECTION 15332(D): TRAFFIC, NOISE, AIR QUALITY, OR WATER QUALITY ........................................... 26 3.5 SECTION 15332(E): UTILITIES AND PUBLIC SERVICES ......................................................................... 46 4. EXCEPTIONS ................................................................................................................................................... 51 4.1 SECTION 15300.2(A): LOCATION ........................................................................................................ 51 4.2 SECTION 15300.2(B): CUMULATIVE IMPACT ...................................................................................... 51 4.3 SECTION 15300.2(C): SIGNIFICANT EFFECT ........................................................................................ 52 4.4 SECTION 15300.2(D): SCENIC HIGHWAYS ........................................................................................... 52 4.5 SECTION 15300.2(E): HAZARDOUS WASTE SITES ............................................................................... 52 4.6 SECTION 15300.2(F): HISTORICAL RESOURCES .................................................................................. 53 4.7 CONCLUSION ...................................................................................................................................... 55 5. LIST OF PREPARERS ........................................................................................................................................ 57 CITY OF CUPERTINO .......................................................................................................................................... 57 PLACEWORKS .................................................................................................................................................... 57 125 PC 12-12-2023 125 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO Table of Contents Page 2 PlaceWorks Figures Figure 2-1 Regional and Vicinity Map .................................................................................................................... 6 Figure 2-2 Aerial View of Project Site and Surroundings ....................................................................................... 7 Figure 2-3 Proposed Site Plan .............................................................................................................................. 15 Figure 2-4 Proposed Landscape Plan ................................................................................................................... 16 Figure 2-5 Utility Plan .......................................................................................................................................... 17 Figure 2-6 Stormwater Management Plan .......................................................................................................... 18 Tables Table 2-1 Reasonably Foreseeable Development Projects in Cupertino ............................................................ 11 Table 3 -1 Project Construction Noise Levels by Activity Phase .......................................................................... 31 Table 3 -2 Project Construction Noise Levels by Equipment ............................................................................... 31 Table 3-4 Cupertino Climate Action Plan Consistency Matrix ............................................................................ 40 SOURCES All documents cited in this report and used in its preparation are hereby incorporated by reference into this document. Copies of documents referenced herein are available for review at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014. 126 PC 12-12-2023 126 of 240 June 2023 Page 3 1.Introduction This section describes the standards for determining a significant effect on the environment from construction and operation of the proposed Leon Townhomes project (proposed project) pursuant to the requirements of the California Environmental Quality Act (CEQA). Additionally, this section introduces the City of Cupertino Standard Environmental Protection Requirements that apply to all projects in Cupertino. 1.1 CATEGORICAL EXEMPTION Article 19 (Categorical Exemptions) of the California Environmental Quality Act (CEQA) Guidelines includes, as required by CEQA Section 21084 (List of Exempt Classes of Projects; Projects Damaging Scenic Resources), a list of classes of projects that have been determined not to have a significant effect on the environment and, as a result, are exempt from review under CEQA. This document has been prepared to demonstrate CEQA compliance as it pertains to the redevelopment of the existing four-unit residential development on the project site into the proposed seven-unit development, herein referred to as the proposed project. This document also provides information to decision makers regarding a finding that the proposed project is exempt under CEQA. This document describes how the proposed project qualifies for a Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects), which requires that: (a)The proposed project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as the applicable Zoning designations and regulations; (b) The proposed project would occur within the city limits on a site of less than five acres in size that is substantially surrounded by urban uses; (c)The project site has no value for endangered, rare or threatened species; (d) The proposed project would not result in any significant effects related to traffic, noise, air quality or water quality; and (e)The project site can be adequately served by all required utilities and public services. In addition, this document demonstrates that none of the exceptions to categorical exemptions apply pursuant to CEQA Guidelines Section 15300.2 (Exceptions), which are based on the following: (a)The project is not located within a sensitive environment; (b) There would be no cumulative impacts; (c)There would be no significant effects on the environment due to an unusual circumstance; 127 PC 12-12-2023 127 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 1. Introduction Page 4 PlaceWorks (d) There would be no impacts to a scenic highway; (e)The project site is not located on a hazardous waste site; and (f)There would be no impacts to historical resources. 1.2 STANDARD ENVIRONMENTAL PROTECTION REQUIREMENTS In addition to the environmental topics identified in Section 1.1, all projects in Cupertino are required to comply with the Cupertino Municipal Code (CMC) Chapter 17.04, Standard Environmental Protection Requirements. Pursuant to CMC Section 17.04.030(A), the requirements apply to every project within the city. Pursuant to CMC Section 17.04.030(B)(1), because the residential project has more than four units, compliance shall be demonstrated through submittal and implementation of a construction management plan and/or permit plans, as applicable, prior to issuance of an approval to the satisfaction of the City. Development projects must submit technical reports for air quality, hazardous materials, vehicle-miles traveled (VMT), and construction vibrations. This section also includes nine distinct permit submittal requirements for each topic area, including the following: 1.Air Quality 2.Hazardous Materials 3.Greenhouse Gas Emissions and Energy 4.Biologic Resources 5.Cultural Resources 6.Hydrology and Water Quality 7.Noise and Vibration 8.Paleontological Resources 9.Utilities and Service Systems 128 PC 12-12-2023 128 of 240 June 2023 Page 5 2.Project Description 2.1 REGIONAL LOCATION The project site is in the city of Cupertino, approximately 38 miles southwest of San Francisco. Cupertino is on the western edge of Santa Clara County and west of the city of San Jose, south of the city of Sunnyvale, and north of the city of Los Gatos. Regional access to the project site is provided by Interstate 280 (I-280) via De Anza Boulevard to the north, and by Highway 85 via Stevens Creek Boulevard to the west. See Figure 2-1, Regional and Vicinity Map. 2.2 PROJECT SITE 2.2.1 Location The approximately 0.3-acre project site is at 10046 Bianchi Way 1 in the central region of the city near the intersection of Stevens Creek Boulevard and Bianchi Way. The project site is within a Santa Clara Valley Transportation Authority (VTA) City Cores, Corridors, and Station Areas Priority Development Area (PDA)2 and within a Transit Priority Area (TPA).3 As shown on Figure 2-2, Aerial View of Project Site and Surroundings, the project site is in a built-up and urbanized area in the vicinity of the commercial uses across Stevens Creek Boulevard to the north, institutional (church) and commercial uses across the surface parking lot to the east, multifamily residences and institutional uses (William Faria Elementary School) to the south, and restaurants and multifamily residences across Bianchi Way to the west. The project site is bounded by a medical use building (chiropractor) to the north, surface parking lot to the east, carports associated with the apartments to the south, and Bianchi Way to the east. 1 Addresses for the project site also include 10040 Bianchi Way, 10042 Bianchi Way, and 10044 Bianchi Way, but for the purposes of this document, a single address (10046 Bianchi Way) is used to represent the entire project site. 2 Association of Bay Area Governments and Metropolitan Transportation Commission, 2020. Priority Development Areas (Plan Bay Area 2050), https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area-2050, accessed June 20, 2022. 3 Association of Bay Area Governments and Metropolitan Transportation Commission, 2021. Transit Priority Areas (2021), https://www.arcgis.com/apps/mapviewer/index.html?layers=370de9dc4d65402d992a769bf6ac8ef5, accessed June 20, 2022. 129 PC 12-12-2023 129 of 240 130 PC 12-12-2023 130 of 240 Figure 2-2 Aerial View of Project Site and Surroundings Source: © Google Earth, 2023. (6-14-2023) Project Site Boundary Stevens Creek BoulevardStevens Creek Boulevard Institutional (School)Institutional (School) Institutional Institutional (Church) (Church) CommercialCommercial CommercialCommercial MedicalMedical S S t e l l i n g R o a d S S t e l l i n g R o a d N S t e l l i n g R o a d N S t e l l i n g R o a d Bi a n c h i W a y Bi a n c h i W a y Ca m p u s D r i v e Ca m p u s D r i v e 0 Scale (Feet) 200 PROJECT DESCRIPTION LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO PLACEWORKS 131 PC 12-12-2023 131 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 2. Project Description Page 8 PlaceWorks Sensitive receptors include places with people that have an increased sensitivity to air pollution, noise, or environmental contaminants. These sites can include schools, parks and playgrounds, day care centers, hotels, senior housing, nursing homes, hospitals, and residential dwelling units. Sensitive receptors within 0.25 miles (1,320 feet)4 of the project site include the following: Medical building (chiropractor) that shares a property line with the project site to the north; Church building approximately 0.02 miles (115 feet) across the surface parking lot to the east; Residential multifamily units roughly 0.01 miles (70 feet) and a school facility (William Faria Elementary School) roughly 0.5 miles (275 feet) to the south; and Residential duplex units approximately 0.01 miles (60 feet) to the southwest. 2.2.2 Existing Site Conditions As shown on Figure 2-2, the project site is currently developed with two single-story, single-family attached (duplex) residential buildings with a combined total of four residential units. The project site currently includes driveways and garages associated with the residential units, and ornamental landscaping along the edges of the project site and in the courtyard of the residential units. The project site is relatively flat with an elevation of around 268 feet above mean sea level.5 The surficial geology consists of late Pleistocene older surficial sediments, which is described as older alluvial terrace gravel, sand, and clay, undeformed.6 No paleontological resources have been identified on the project site; however, the presence of Pleistocene deposits that are known to contain fossils indicates that the overall city, including the project site, could contain paleontological resources.7 Unique geological features are not common in Cupertino. The geologic processes are generally the same as those in other parts of the state, country, and even the world. The geology and soils on the project site are common throughout the city and region and are not considered to be unique. The Phase I Environmental Site Assessment (ESA) was prepared by ACC Environmental Consultants in August 2020 for the proposed project and peer reviewed by PlaceWorks. The Phase I ESA did not reveal evidence of Recognized Environmental Conditions at the project site. According to the Phase I ESA, the project site 4 This distance is consistent with CEQA Guidelines topic Hazards and Hazardous Materials, which asks “Would the project emit hazardous emissions or handle hazardous materials, substances or waste within 0.25 miles of an existing or proposed school?” 5 ACC Environmental Consultants, August 13, 2020. Phase I Environmental Site Assessment Report, 20940 Stevens Creek Boulevard and 10040 & 10046 Bianchi Way, Cupertino, CA 95014. 6 United States Geological Survey and Association of American State Geologists, modified May 2022. Geologic map of the Cupertino and San Jose West quadrangles, Santa Clara and Santa Cruz Counties, California, https://ngmdb.usgs.gov/Prodesc/proddesc_83442.htm, accessed June 16, 2022. 7 City of Cupertino, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, (December 2014) State Clearinghouse Number 2014032007 (October 2015), and approved Addenda (October 2015, July 2019, August 2019, and December 2019). 132 PC 12-12-2023 132 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 2. Project Description June 2023 Page 9 was used for agriculture uses until at least 1956, when the project site was developed with the existing two residential buildings.8 The Phase I ESA also identifies that due to the age of the existing buildings (1956), they may contain asbestos-containing materials (ACM) and lead-based paint (LBP), which have been regulated in construction since the early 1970s. According to the Department of Toxic Substance Control, where a project site has been historically used for agricultural purposes after 1950, there is the potential of concentrations of remnant residual agricultural chemicals in the soil.9 As described in the Phase I ESA, during previous site development, activities and near-surface soils were likely mixed with fill material or disturbed during grading, further reducing the potential for exposure to residual agricultural chemicals, if any. Pursuant to CMC Section 17.04.040(B)(3), the recommendations of the Phase I ESA to conduct testing for these pesticides, ACMs, and LBPs would be required prior to issuance of permits. The removal of these types of hazardous materials would be conducted by contractors licensed to remove and handle these materials and in accordance with existing federal, State, and local regulations, including the United States Environmental Protection Agency’s National Emission Standards for Hazardous Air Pollutants (Code of Federal Regulations Part 61), Bay Area Air Quality Management District’s Regulation 11, Title 8 of the California Code of Regulations, the Unified Program, and the City’s General Plan Health and Safety Element Policy HS-6.1, and would ensure that risks associated with demolition and the transport, storage, use, and disposal of such materials would be reduced to the maximum extent practical. Because the building on the project site was developed in 1956, it has the potential to be considered a historic building. However, it is not currently listed on the National Register of Historic Places 10 or the list of California Historical resources,11 nor is it associated with significant cultural events, persons in California’s past, and it does not have any distinctive historical characteristics, and as such does not have any qualifying historical value. According to the Vegetation Map shown in the Environmental Resources and Sustainability Element of the General Plan, the project site is within the urban forest (i.e., trees in the city).12 The City recognizes that every tree on both public and private property is an important part of Cupertino’s urban forest and 8 ACC Environmental Consultants, August 13, 2020. Phase I Environmental Site Assessment Report, 20940 Stevens Creek Boulevard and 10040 & 10046 Bianchi Way, Cupertino, CA 95014. 9 California Department of Toxic Substances Control California Environmental Protection Agency, Interim Guidance for Sampling Agricultural Properties, page 3, August 7, 2008. 10 National Park Service, 2022. National Register of Historic Places, https://www.nps.gov/subjects/nationalregister/database- research.htm, accessed June 16, 2022. 11 California Office of Historic Preservation, 2022. California Historical Resources, https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43, accessed on June 16, 2022. 12 City of Cupertino, amended March 2020. General Plan (Community Vision 2015-2040), Chapter 6, Environmental Resources and Sustainability Element, Figure ES-1, Vegetation, https://www.cupertino.org/our-city/departments/community- development/planning/general-plan/general-plan, accessed June 16, 2022. 133 PC 12-12-2023 133 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO Page 10 PlaceWorks 2. Project Description contributes significant economic, environmental, and aesthetic benefits to the community.13 Landscaping on-site includes five ornamental bushes and ten trees of 15.5 to 38.5 inches diameter at breast height (dbh). Three trees have been removed prior to this application. The remaining seven trees would be removed: an 16-inch Blue Atlas Cedar, an 29.5 inch Black Walnut, an 19-inch Italian Cypress, a 15.5- inch Hollywood Juniper, a 16.5-inch Glossy Privet, 19-inch Common Fig and a 38.5-inch Coast Live Oak. All ten trees on-site are considered protected development trees pursuant to the City of Cupertino Protected Trees Ordinance, CMC Chapter 14.18, and would require a tree removal permit prior to removal. The project site is in a Local Responsibility Area (LRA) and is not within a Fire Hazard Severity Zone, as designated by the California Department of Forestry and Fire Protection (CAL FIRE). It is 1.7 miles northeast of a Very High Fire Hazard Severity Zone in an LRA, and 2 miles east of lands that CAL FIRE designates as a Very High Fire Hazard Severity Zone in a State Responsibility Area (SRA).14 The project site is 1.2 miles northeast of a wildland-urban interface (WUI), which is an area of transition between wildland (unoccupied land) and land with human development (occupied land).15 2.3 LAND USE AND ZONING DESIGNATIONS The project site is assigned Assessor’s Parcel Number (APN) 359-07-021. The proposed project is within the Heart of the City Special Area with a Commercial/Office/Residential General Plan land use designation, and the Planned Development with General Commercial with Residential (P(CG,RES)) zoning district. While the Commercial/Office/Residential land use designation allows primarily commercial and office uses and secondarily residential uses or a compatible combination of the two uses, it does not prohibit only commercial or only residential.16 The General Plan allows for a maximum building height of 45 feet on the project site. Existing regulations in the Heart of the City Special Area allow up to 25 dwelling units per acre. As described in CMC Section 19.80.010, Purpose, the planned development zoning district is intended to provide a means of guiding land development or redevelopment of the city that is uniquely suited for planned coordination of land uses. Development in this zoning district provides for a greater flexibility of land use intensity and design because of accessibility, ownership patterns, topographical considerations, and community design objectives. This zoning district is intended to accomplish the following: 13 City of Cupertino, 2022. Tree Protection & Tree Removal, https://www.cupertino.org/our-city/departments/community- development/planning/residential-development/tree-protection-tree-removal, accessed June 16, 2022. 14 California Department of Forestry and Fire Protection, November 2007. FHSZ Viewer, https://egis.fire.ca.gov/FHSZ/, accessed on June 16, 2022. 15 California Department of Forestry and Fire Protection, updated August 2020. Wildland-Urban Interface Fire Threat, http://www.arcgis.com/home/item.html?id=d45bf08448354073a26675776f2d09cb, accessed June 16, 2022. 16 City of Cupertino, amended March 2020. General Plan (Community Vision 2015-2040), Appendix A, Land Use Definitions, https://www.cupertino.org/our-city/departments/community-development/planning/general-plan/general-plan, accessed June 20, 2022. 134 PC 12-12-2023 134 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 2. Project Description June 2023 Page 11 Encourage variety in the development pattern of the community. Promote a more desirable living environment. Encourage creative approaches in land development. Provide a means of reducing the improvements required in development through better design and land planning. Conserve natural features. Facilitate a more aesthetic and efficient use of open spaces. Encourage the creation of public or private common open space. All planned development districts are identified on the zoning map with the letter code "P" followed by a specific reference to the general type of use allowed in the particular planning development zoning district. The general type of use allowed on the project site is General Commercial with Residential (P(CG,RES)), which allows for residences, and is the use currently on the project site. 2.4 GENERAL PLAN ENVIRONMENTAL IMPACT REPORT The Cupertino City Council certified the General Plan Amendment, Housing Element Update, and associated Rezoning Project Environmental Impact Report (EIR) in December 2014 and then had subsequent addenda that were approved by the City Council in October 2015, July 2019, August 2019, December 2019, and October 2021, together hereinafter “General Plan EIR.”17 As shown in Table 2-1, Reasonably Foreseeable Development Projects in Cupertino (Net New), the proposed project is within the buildout projected and evaluated in the General Plan EIR. TABLE 2-1 REASONABLY FORESEEABLE DEVELOPMENT PROJECTS IN CUPERTINO (NET NEW) Hotel (units) Residential (units) Commercial (square feet) Office (square feet) General Plan EIR: Maximum Development Potential 1,339 4,421 1,343,679 4,040,231 Reasonably Foreseeable Projects The Hamptons Redevelopment a 600 The Forum a 23 The Village Hotel a 185 De Anza Hotel a 155 Westport a, d 267 Public Storage a, d 209,485 Scandinavian Design a 2,235 17 City of Cupertino, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR (December 2014), State Clearinghouse Number 2014032007, and approved Addenda (October 2015, July 2019, August 2019, December 2019, October 2021). 135 PC 12-12-2023 135 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 2.Project Description Page 12 PlaceWorks Vallco a ,c, d 2,402 1,810,000 Loc-N-Stor a 96,432 Canyon Crossings a, d 18 22690 Stevens Creek Boulevard a 9 19191 Vallco Parkway a, d 2,300 280,000 1655 South De Anza Boulevard b, d 34 Marina Plaza a, d 206 Total Foreseeable Development 340 3,559 310,632 2,090,000 General Plan EIR: Remaining Development Potential 999 862 1,033,047 1,950.231 Notes: a. The project has been approved or is under construction. b. The project is under review. c. The buildout numbers are for the Vallco SB 35 Application (0 hotel rooms, 2,402 units, 1,810,000 square feet commercial, and 400,000 square feet commercial). d. These sites currently have existing commercial and/or office development and the square footage shown in this table is the net new. Where the cell is blank, the future project’s commercial and/or office space is less than existing conditions. Source: City of Cupertino, 2023. 2.5 PROPOSED PROJECT The project applicant, Leon Hu with Top Mission Realty & Investment, Inc., is proposing the Leon Townhomes development project (previously referred to as the Bianchi Way Townhomes) that would involve the construction of a seven-unit townhome on a site that is currently developed. The proposed project would result in the demolition of the existing four residential units, and the construction of seven townhomes. The following provides a detailed description of the proposed project as shown on the conceptual site plans dated April 2023. 2.5.1 Townhomes The proposed townhomes would include six market-rate units and one below-market-rate unit for a total of seven townhomes. The proposed townhome units would include three bedrooms and three and a half bathrooms that would range from 2,067 to 2,089 square feet. Each townhome would be three stories (30 feet) tall. The proposed project would provide 947 square feet of private open space. The proposed project includes density bonus waivers from development standards for setbacks, common open space and service access; a parking reduction for less on-site parking than is required by the CMC, resulting in a total of 14 indoor garage parking spaces. The site plan is included in Figure 2-3, Proposed Site Plan. 2.5.2 Landscaping Figure 2-4, Proposed Landscape Plan, illustrates the proposed landscaping plan at ground level. Low-water use groundcovers, shrubs, and trees would be planted throughout the site. Gazania, Teucrium, Juncus, Trachelosperum, Anigozanthos, Chondropetalum, Carex, Salvia, Lomandra, Dietes, Prunus, Pittosorum, Photinia and Phormium genera. The trees to be planted on-site would be of the Parkinsonia Aculeata, Quercus Douqlasll, and Cornus Nuttalli. Landscaping area for both hardscape (impervious) and green area (pervious) would be 2,103 and 2,667 square feet, respectively. 136 PC 12-12-2023 136 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 2. Project Description June 2023 Page 13 2.5.3 Access and Circulation 2.5.3.1 VEHICULAR ACCESS As shown on Figure 2-3, the proposed project would have two-lane entrance/exit circulation pattern with the access point on Bianchi Way. The proposed emergency access route would be the same as the proposed vehicle access routes. The project site is within a TPA because it is within 0.25 miles of the De Anza College major transit stop,18 which provides stops with a bus frequency of service interval of 15 minutes or less during the morning and evening peak commute periods along VTA bus routes 23, 25, 51, 51H, and 55. 2.5.3.2 PEDESTRIAN AND BICYCLE ACCESS Pedestrian access to the building would be available from one access point along Bianchi Way. The proposed project provides interior pedestrian circulation throughout the site. While the proposed project does not propose any new bicycle lanes or routes, the site is accessible via the existing Enhanced Bike Lanes on Stevens Creek Boulevard and South Stelling Road.19 2.5.4 Utilities and Public Services Providers The proposed utility infrastructure would connect to the existing water, sewer, storm drain system, and electricity network in the area, and would be served by an existing solid waste landfill. 2.5.4.1 WATER SUPPLY AND CONSERVATION The project site is within the Cupertino Water Service (CWS) area, leased to San José Water (SJW). Water service to the project site would be provided by the existing water line on Bianchi Way via a 5/8-inch pipe, as shown in Figure 2-5, Utility Plan. No new connections would be needed and are not proposed as part of the project. The project incorporates a number of features meant to conserve water. The proposed landscaping would include native and/or adaptive, and drought-resistant plants of similar water use grouped by hydrozones. The majority of plantings would be drought-tolerant grasses, shrubs, and trees that once established, would be adapted to a dry summer and intermittent rain in the winter season. All landscape zones would be irrigated as required by the Cupertino Landscape Ordinance, and water uses would be tailored to meet 18 Public Resources Code, Section 21064.3, states that a ‘major transit stop’ is a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. 19 City of Cupertino, June 2016. 2016 Bicycle Transportation Plan, https://www.cupertino.org/home/showpublisheddocument/3479/636443578340030000, accessed June 17, 2022. 137 PC 12-12-2023 137 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 2. Project Description Page 14 PlaceWorks CALGreen Building Standards, which requires water conservation and requires new buildings to reduce water consumption by 20 percent. 2.5.4.2 SANITARY SEWER SERVICE The project site is within the Cupertino Sanitary District (CSD) service area and wastewater would be treated at the San Jose/Santa Clara Water Pollution Control Plant (SJ/SCWPCP). Wastewater generated at the project site would be collected by the existing eight-inch sanitary sewer main on Bianchi Way. 2.5.4.3 STORMWATER MANAGEMENT The proposed project would result in 10,927 square feet of impervious surfaces coverage and 3,192 square feet of landscape permeable pavement and bioretention features. Compared to approximately 5,709 square feet of impervious surfaces coverage in existing conditions, this would be an increase of 5,218 square feet of impervious surfaces. The proposed project includes 1,159 square feet of on-site bioretention areas that would hold and treat stormwater before it is released into the City’s off-site storm drain infrastructure, as well as 2,701 square feet of permeable pavement. See Figure 2-6, Stormwater Management Plan. The proposed project is required to comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 requirements, which include minimization of impervious surfaces, measures to detain or infiltrate runoff from peak flows to match predevelopment conditions, and agreements to ensure that the stormwater treatment and flow-control facilities are maintained in perpetuity. The project must also comply with CMC Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, which is intended to provide regulations and give legal effect to certain requirements of the National Pollutant Discharge Elimination System (NPDES) permit issued to the City. 2.5.4.4 SOLID WASTE SERVICES Recology would provide curbside recycling, garbage, and compost and landscaping waste service to the project.20 All nonhazardous solid waste collected under the Recology franchise agreement is taken to Newby Island Sanitary Landfill for processing. Under the agreement between the City and Recology, Recology also handles recyclable materials. 20 Recology, 2020. Recology Courtesy Notice, https://www.cupertino.org/Home/ShowDocument?id=28669, accessed June 20, 2022. 138 PC 12-12-2023 138 of 240 Source: Tectonic Architects & Associates, 2023. Figure 2-3 Proposed Site Plan 0 Scale (Feet) 40 PROJECT DESCRIPTION LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO PLACEWORKS 139 PC 12-12-2023 139 of 240 Source: W. Jeffrey Heid Landscape Architect, 2023. Figure 2-4 Proposed Landscape Plan PROJECT DESCRIPTION LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO PLACEWORKS 140 PC 12-12-2023 140 of 240 Figure 2-5 Utility Plan Source: Luk and Associates, Civil Engineering, Land Planning, Land Surveying, 2023. 0 Scale (Feet) 40 PROJECT DESCRIPTION LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO PLACEWORKS 141 PC 12-12-2023 141 of 240 Figure 2-6 Stormwater Management Plan Source: Luk and Associates, Civil Engineering, Land Planning, Land Surveying, 2023. 0 Scale (Feet) 40 PROJECT DESCRIPTION LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO PLACEWORKS 142 PC 12-12-2023 142 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 2. Project Description June 2023 Page 19 2.5.4.5 OTHER UTILITIES (GAS, ELECTRIC, AND TELECOMMUNICATIONS) The Pacific Gas and Electric Company (PG&E) would supply electricity to the project site via existing infrastructure.21 The source of electricity would be provided through a partnership of Silicon Valley Clean Energy (SVCE), which provides a standard electricity offering from a 50 percent renewable portfolio,22 and PG&E. SVCE also offers a 100 percent renewable option that electricity customers can opt into. The California Energy Code (Part 6, Title 24) was adopted as part of the California Building Standards Code (Title 24) to reduce wasteful and unnecessary energy consumption in newly constructed and existing buildings. The City of Cupertino has adopted the California Energy Code, with local amendments, as CMC Chapter 16.54, Energy Code. CMC Section 16.54.100(2), Scope for Newly Construction Building, requires all newly constructed buildings to be All-Electric Buildings. All-Electric Buildings are defined as a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the sole source of energy for its space and water heating.23 CMC Sections 16.58.100 through 16.58.220 set forth the standards for green building requirements by type of building. As shown in Table 101.10 in CMC Section 16.58.220, new construction greater than nine homes is required to be Green Points Rated certified at minimum 50 points, Silver in Leadership in Energy and Environmental Design (LEED) (City’s preferred method), or Alternate Reference Standard pursuant to CMC Section 101.10.2.24 Telephone service would be provided by AT&T and other providers. Cable television service would be available from a number of providers, including Comcast. 2.5.5 Demolition, Grading, and Construction The project demolition, grading, and construction is assumed to take place over 16 months (approximately 486 workdays). The project applicant proposes to demolish the two existing buildings and remove the existing vegetation and six trees within the project site. Demolition and construction work would be conducted between 7:00 a.m. and 8:00 p.m. on weekdays, as provided for in CMC Section 10.48.053, Grading, Construction and Demolition. Demolition and construction 21 City of Cupertino, 2022. Other Service Providers, https://www.cupertino.org/our-city/departments/other-service-providers, accessed June 20, 2022. 22 Silicon Valley Clean Energy, 2022. It’s All About Choice, https://www.svcleanenergy.org/choices/, accessed June 20, 2022. 23 City of Cupertino Municipal Code, Section 16.54.110, Definitions and Rules of Construction. 24 Leadership in Energy and Environmental Design (LEED) is a green building certification program that recognizes best-in-class building strategies and practices that reduce consumption energy, and water, and reduce solid waste directly diverted to landfills. LEED certified buildings are ranked in order of efficiency from Certified, Silver, Gold and Platinum being the highest ranking with the greatest efficiency standard. LEED Silver certified buildings typically reduce is the third highest ranking out of the four, with just being certified being the lowest and Gold and Platinum being the second highest. 143 PC 12-12-2023 143 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 2.Project Description Page 20 PlaceWorks is not permitted on weekends or holidays for sites within 750 feet of other residential properties.25 Demolition debris, including soil, would be off-hauled for disposal in accordance with the City of Cupertino’s Recycling and Diversion of Construction and Demolition Waste Ordinance.26 Typical equipment to be used for demolition and site preparation would include excavators, a skid steer loader, a grader, a rubber-tired dozer, scrapers, and an off-highway truck. No pile driving, rock blasting, or crushing would occur during the construction phase. Typical equipment to be used during construction of the project would include a backhoe, a crane, aerial lifts, a generator, a diesel pump, dumpers, rollers, and a paver. During demolition and construction, vehicles, equipment, and materials would be staged and stored on a centrally located portion of the project site when practical. No long-term staging of equipment would occur around the perimeter of the site where adjacent to existing residential uses. No staging would occur in the public right-of-way. The construction site and staging areas would be clearly marked, and construction fencing would be installed to prevent disturbance and safety hazards. A combination of on- and off-site parking facilities for construction workers would be identified during demolition, grading, and construction. 2.5.6 Required Permits and Approvals Following approval of the CEQA Categorical Exemption, Streamlined Review, and the approval of the proposed project by the City Council, the following discretionary permits and approvals from the City would be required for the proposed project: Tentative Map Development Permit Architectural and Site Approval Permit Tree Removal Permit In addition, permits for demolition, grading and building, and the certificate of occupancy would be required from the City. Encroachment permits from the City would also be required for any work performed in the public right-of-way. Other entities that also have discretionary authority related to the project, such as PG&E, would authorize the connection/reconnection of electric utilities, San José Water would authorize the installation of a water meter connection, and CSD would be responsible for authorizing the sanitary sewer line. 25 Cupertino Municipal Code, Title 10, Public Peace, Safety and Morals, Chapter 10.48, Community Noise Control, Section 10.48.053, Grading, Construction and Demolition. 26 Cupertino Municipal Code, Title 16, Building and Construction, Chapter 16.72, Recycling and Diversion of Construction and Demolition Waste. 144 PC 12-12-2023 144 of 240 Page 21 PlaceWorks 3. Exemption As stated in the Chapter 1, Introduction, of this document, Article 19 of the CEQA Guidelines includes a list of classes of projects that have been determined not to have a significant effect on the environment and, as a result, are exempt from review under CEQA. This document has been prepared to serve as the basis for compliance with CEQA as it pertains to the proposed project, and to demonstrate that the project qualifies for a CEQA Exemption as an Infill Development Project, consistent with the provisions of CEQA Guidelines Sections 15332 and 15300.2. Specifically, the information provided herein shows that: The proposed project qualifies for an exemption under CEQA Guidelines Section 15332 (Class 32: Infill Development Projects) and, as a result, would not have a significant effect on the environment. No exceptions to the infill exemption, as identified in CEQA Guidelines Section 15300.2, apply to the proposed project. 3.1 CEQA GUIDELINES SECTION 15332(A): GENERAL PLAN AND ZONING CONSISTENCY For the reasons stated here, the proposed project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as the applicable zoning designations and regulations, and therefore meets the criteria for CEQA Guidelines Section 15332(a). 3.1.1 General Plan As described in Section 2.3, Land Use and Zoning Designations, the project site is designated Commercial/Office/Residential, which allows for commercial, office, and/or residential uses. The proposed project would result in the demolition of the existing four residential units and replace it with seven residential units. Therefore, implementation of the proposed project would not introduce a new incompatible land use to the project site, and the current land use of residential would remain. In addition, the 30-foot building height of the proposed project is within the 45-foot height limit allowed for the project site, and the project is within the density allowed for the project site.27 Therefore, the proposed project would be consistent with the General Plan land use designation for the project site. 27 A density of 25 units per acre is allowed on the project site, which would allow up to 8.6 units on the 0.3-acre project site. The seven proposed units are within this allowance. 145 PC 12-12-2023 145 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 22 PlaceWorks 3.1.2 Zoning As described in Section 2.3, Land Use and Zoning Designations, the project site is zoned Planned Development with General Commercial with Residential (P(CG,RES)) on the City of Cupertino Zoning Map. This allows for residential uses, which is the use currently on the project site. Therefore, the proposed project would not introduce a new incompatible use and would continue to be consistent with the zoning designation on the project site. 3.2 CEQA GUIDELINES SECTION 15332(B): PROJECT LOCATION, SIZE, AND CONTEXT For the reasons stated here, the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses and therefore meets the criteria of CEQA Guidelines Section 15332(b). The proposed project is located within city limits on an approximately 0.3-acre site. The project site is surrounded by urban uses and paved public streets, including commercial uses, residential uses, a church, and a school, as shown in Figure 2-2, Aerial View of the Project Site and Surroundings. The project site is centrally located in the city and within a PDA and a TPA. Accordingly, the proposed project meets the criteria of CEQA Guidelines Section 15332(b). 3.3 CEQA GUIDELINES SECTION 15332(C): ENDANGERED, RARE, OR THREATENED SPECIES For the reasons stated here, which includes compliance with the standard condition of approval protecting nesting birds listed herein, the project site has no value for endangered, rare, or threatened species and therefore meets the criteria of CEQA Guidelines Section 15332(c). The project site and surrounding area are developed with urban uses. Using data from the Classification and Assessment with Landsat of Visible Ecological Groupings (CALVEG)28 habitat mapping program, the site is classified as an “urban area.” Property with this classification tends to have low to poor wildlife habitat value due to replacement of natural communities, fragmentation of remaining open space areas and parks, and intensive human disturbance. The California Natural Diversity Database (CNDDB) has no record of special-status plant and animal species on the project site or urbanized areas within a one-mile area 28 The CALVEG system was initiated in January 1978 by the Region 5 Ecology Group of the US Forest Service to classify California’s existing vegetation communities for use in statewide resource planning. CALVEG maps use a hierarchical classification on the following categories: forest; woodland; chaparral; shrubs; and herbaceous. 146 PC 12-12-2023 146 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 23 surrounding the project site. There are no natural lands within a one-mile area of the project site. Therefore, the project site has no value as habitat for endangered, rare, or threatened species. All landscaping on the project site, including shrubs and the six existing trees, would be removed as a part of the proposed project. Migratory birds, which are protected under the Migratory Bird Treaty Act, may use vegetation, including existing trees, on or near the project site for nesting. The project applicant would be required to comply with CMC Chapter 17.04, Standard Environmental Protection Requirements. Specifically, the project applicant would be required to comply with CMC Section 17.05.050(D)(1) listed here, which would ensure that potential impacts to nesting birds during tree removal and construction would be less than significant: CMC Section 17.04.050(D)(1), Avoid Nesting Birds During Construction. For all projects that involve removal of a tree (either protected or unprotected) or other vegetation suitable for nesting birds, or construction or ground-disturbing activities defined in CMC Section 17.04.020, the project applicant shall comply with, and the construction contractor shall indicate the following on all construction plans, when required to ensure the following measures are performed to avoid inadvertent take of bird nests protected under the federal Migratory Bird Treaty Act and California Fish and Game Code when in active use: a) Demolition, construction, ground-disturbing, and tree removal/pruning activities shall be scheduled to avoid the nesting season to the extent feasible. If feasible, construction, ground- disturbing, or tree removal/pruning activities shall be completed before the start of the nesting season to help preclude nesting. The nesting season for most birds and raptors in the San Francisco Bay area extends from February 1 through August 31. Preconstruction surveys (described below) are not required for construction, ground-disturbing, or tree removal/pruning activities outside the nesting period. b) If demolition, construction, ground-disturbing, or tree removal/pruning activities occur during the nesting season (February 1 and August 31), preconstruction surveys shall be conducted as follows: i. No more than 7 days prior to the start of demolition, construction, ground-disturbing, or tree removal/pruning activities, in order to identify any active nests with eggs or young birds on the site and surrounding area within 100 feet of construction or tree removal activities. ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground-disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction areas for active nests, while ensuring that they do not disturb the nests as follows: 147 PC 12-12-2023 147 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 24 PlaceWorks 1. For projects that require the demolition or construction one single-family residence, ground disturbing activities affecting areas of up to 500 square feet, or the removal of up to three trees, the property owner, or a tree removal contractor, if necessary, is permitted to conduct the preconstruction surveys to identify if there are any active nests. If any active nests with eggs or young birds are identified, the project applicant shall retain a qualified ornithologist or biologist to identify protective measures. 2. For any other demolition, construction and ground disturbing activity or the removal of four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys. c) If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, ground-disturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds. d) Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. e) A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her designee, through the appropriate permit review process (e.g., demolition, construction, tree removal, etc.), and be completed to the satisfaction of the Community Development Director prior to the start of demolition, construction, ground-disturbing, or tree removal/pruning activities. In addition to protecting migratory birds, there are numerous bat species that are known to be in the Cupertino area, most of which are relatively common and are not considered special-status species. The 148 PC 12-12-2023 148 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 25 CNDDB does not show any occurrences of special-status bats within the site vicinity or anywhere in Cupertino but does show records within several miles of Cupertino. The project applicant would be required to comply with CMC Chapter 17.04, Standard Environmental Protection Requirements. Specifically, the project applicant would be required to comply with CMC Section 17.05.050(D)(2) listed below, which would ensure that potential impacts to roosting bats during tree removal and construction would be less than significant:29 CMC Section 17.04.050(D)(2), Avoid Special-Status Roosting Bats During Construction Permit Requirements a) For all projects that involve demolition, renovation, or re-tenanting of an abandoned or vacant building or structure, where the property owner cannot show evidence to the satisfaction of the City of Cupertino Building Inspector that the building or structure was appropriately sealed at the time the building or structure was vacated to prevent bats from roosting, the project applicant shall retain a qualified biologist to conduct preconstruction surveys of the on-site buildings or structures prior to commencing any demolition, renovation, or re-tenanting activities. A building or structure is not appropriately sealed unless seal holes that are more than 0.5 inches in diameter or cracks that are 0.25 by 1.5 inches or larger are filled or closed with suitable material such as caulking, putty, duct tape, self-expanding polyurethane foam, 0.25-inch mesh hardware cloth, 0.5-inch or smaller welded wire mesh, installing tighter-fitting screen doors, or steel wool. b) The project applicant shall comply with, and the construction contractor shall include in the applicable construction documents, the following to ensure appropriate preconstruction surveys are performed and adequate avoidance provided for any special-status roosting bats, if encountered on the site. Preconstruction surveys shall: i. Be conducted by a qualified biologist prior to tree removal or building demolition, renovation, or re-tenanting. Note that the preconstruction survey for roosting bats is required at any time of year since there is no defined bat roosting season as there is with nesting birds. ii. Be conducted no more than 14 days prior to start of tree removal or demolition, renovation, or re-tenanting. 29 Cupertino Municipal Code Chapter 17.04: Standard Environmental Protection Requirements, Section 17.04.050 Part D, Biological Resources Permit Requirements. 149 PC 12-12-2023 149 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 26 PlaceWorks iii. Be repeated at 14-day intervals until construction has been initiated after which surveys can be stopped, unless construction activities are suspended for more than 7 consecutive days at which point the surveys shall be reinitiated. iv. If no special-status bats are found during the survey(s), then no additional measures are warranted. c) Protective measures shall be included in the applicable construction documents and implemented prior to issuance of permits, if any special-status bat species are encountered or for any roosts detected within the existing structures, where individual bats could be inadvertently trapped and injured or killed during demolition unless passively evicted in advance of construction activities. Protective measures shall include: i. If no maternity roosts are detected, adult bats can be flushed out of the structure or tree cavity using a one-way eviction door placed over the exit location for a minimum 48-hour period prior to the time tree removal or building demolition is to commence. ii. Confirmation by the qualified biologist that the one-way eviction door was effective, and that all bats have dispersed from the roost location, modifying any exclusion efforts to ensure individual bats have been successfully evicted in advance of initiating tree removal or building demolition. iii. If a maternity roost is detected, and young are found roosting in a building identified for demolition, renovation, or re-tenanting, work shall be postponed until the young are flying free and are feeding on their own, as determined by the qualified biologist. iv. Once the qualified biologist has determined that any young bats can successfully function without the maternity roost, then the adults and young bats can be excluded from the structure to be demolished using the one-way eviction methods described above. v. Monitoring shall be provided by the qualified biologist as necessary to determine status of any roosting activity, success of any required bat exclusion, and status of any maternity roosting activity by bats, in the remote instance a maternity roost is encountered on the site. 3.4 CEQA GUIDELINES SECTION 15332(D): TRAFFIC, NOISE, AIR QUALITY, OR WATER QUALITY For the reasons stated here, the proposed project would not result in any significant effects related to traffic, noise, air quality, or water quality and therefore meets the criteria of CEQA Guidelines Section 15332(d). 150 PC 12-12-2023 150 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 27 3.4.1 Tra ffic 3.4.1.1 VEHICLES The project site is in the central region of the city along Stevens Creek Boulevard. Regional access to the project site is provided by I-280 via De Anza Boulevard to the north, and by Highway 85 via Stevens Creek Boulevard to the west. Vehicular access to and from the project site on Bianchi Way would not change from existing conditions. The Governor’s Office of Planning and Research’s Technical Advisory On Evaluating Transportation Impacts in CEQA,30 and the City’s White Paper SB 743 Implementation Decisions for the City of Cupertino,31 provides guidance on evaluating transportation impacts for redevelopment projects on infill sites and projects that are consistent with the Regional Transportation Plan (RTP)/Sustainable Community Strategy (SCS). According to these guiding documents, a project that generates less than 110 daily trips may be assumed to cause a less-than-significant transportation impact.32 Plan Bay Area is the Bay Area’s RTP/SCS that identifies the sustainable vision for the Bay Area. An overarching goal of the regional plan is to concentrate development in areas where there are existing services and infrastructure rather than allocate new growth to outlying areas where substantial transportation investments would be necessary to achieve VMT reductions. The proposed project is an infill development project that would result in a slight increase in land use intensity in a portion of the city that has access to existing infrastructure and services. Therefore, the proposed project would not conflict with the Plan Bay Area.33 As described in Section 3.1.1, General Plan, and Section 3.1.2, Zoning, the proposed redevelopment is consistent with the General Plan land use designation and zoning district. As shown previously in Table 2 -1, Reasonably Foreseeable Development Projects in Cupertino (Net New), of this exemption in Section 2.4, General Plan Environmental Impact Report, the proposed project would not exceed the buildout projected in the General Plan EIR. Accordingly, implementation of the proposed project would be consistent with and have no effect on the VMT estimates presented in the General Plan EIR. 30 Governor’s Office of Planning and Research, Technical Advisory On Evaluating Transportation Impacts in CEQA, December 2018. 31 City of Cupertino White Paper SB 743 Implementation Decisions for the City of Cupertino: Appendix E, Small Project Screening for SB 743, February 2021. 32 Governor’s Office of Planning and Research, Technical Advisory On Evaluating Transportation Impacts in CEQA, December 2018, page 12 and City of Cupertino White Paper SB 743 Implementation Decisions for the City of Cupertino, Appendix E: Small Project Screening for SB 743, February 2021, pages 138 and 139. 33 Governor’s Office of Planning and Research, Technical Advisory On Evaluating Transportation Impacts in CEQA, page 18, December 2018. 151 PC 12-12-2023 151 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 28 PlaceWorks On February 16, 2021, the City adopted CMC Chapter 17.08, Evaluation of Transportation Impacts Under the California Environmental Quality Act, which provides screening criteria and VMT thresholds for land-use development projects, transportation projects, and other projects pursuant to CEQA. Under CMC Chapter 17.08, a project would be screened out from more detailed VMT analysis if the project is consistent with applicable General Plan policies and supported by substantial evidence demonstrating cumulative VMT is declining. Project screening may be used for projects that meet one or more of the following criteria: Projects within 0.25-mile walking distance of a high-quality transit corridor or major transit stop as defined by CEQA. Local-serving retail projects of up to 50,000 square feet. Land use projects consisting of 100 percent affordable housing. The project site is within 0.25 miles of the De Anza College major transit stop 34 and therefore, the proposed project meets the City’s VMT screening criterial of being within 0.25 miles of a major transit stop. Additionally, applying the Institute of Transportation Engineer’s Trip Generation Manual, 11th Edition, rate for single-family attached housing (Land Use 215) in a General Urban/Suburban setting for the seven proposed townhomes, the proposed project would generate approximately 50 daily trips. Applying this same rate for the existing single-family attached duplex units, the existing units generate approximately 29 daily trips for a total net new 21 trips to the project site.35 Therefore, the project also meets the Governor’s Office of Planning and Research (OPR) VMT screening criteria of a small project generating less than 110 new trips per day. Accordingly, it can be assumed to have a less-than-significant impact on VMT. Accordingly, there would be no transportation impacts associated with operation of vehicles from the proposed project. 3.4.1.2 PEDESTRIAN, BICYCLE, AND PUBLIC TRANSIT The project site is in central Cupertino and would continue to be accessible to pedestrians, bicyclists, and transit users. The site is served by the existing Class II bike lanes on Stevens Creek Boulevard.36 Public transit to the project site is provided by local municipal bus lines 23, 51, 51H, 55, and Rapid 523 operated by the VTA with bus stops less than 0.25 miles to the west at the intersection of Stevens Creek Boulevard and North 34 Public Resources Code, Section 21064.3, states that a ‘major transit stop’ is a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. 35 (7 townhomes x 7.2 daily trips per unit = 50 daily trips) – (4 single-family attached units x 7.2 daily trips per unit = 29 daily trips) = 21 net new daily trips. 36 Class I Bikeways are off-road paths and trails. Class II Bikeways are bike lanes for bicyclists that are generally adjacent to the outer vehicle travel lanes and have special lane markings, pavement legends, and signage. Class III Bikeways are bicycle routes, which are shared facilities with vehicles and other road users and are often marked by signs and sharrows. 152 PC 12-12-2023 152 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 29 Stelling Road. Pedestrian, bicycle, and public transit access to and from the project site would not change from existing conditions. The proposed project would not substantially increase the population at the project site resulting in a large number of vehicular trips and therefore would not result in changes to the City’s transportation and circulation system that could conflict with adopted policies, plans, or programs regarding transit, bicycle, or pedestrian facilities. The proposed project would not otherwise decrease the performance or safety of such facilities or cause a substantial increase in transit demand that cannot be accommodated by existing or proposed transit capacity or alternative travel modes. Accordingly, there would be no transportation impacts related to pedestrians, bicycles, or public transit during the operation of the proposed project. 3.4.1.3 CONSTRUCTION During the construction period, the proposed project would result in temporary changes to existing transportation conditions. Temporary traffic would be generated by construction employees and construction activities, including haul trucks. During demolition and construction, vehicle, equipment, and materials would be staged and stored on a portion of the project site. The construction site and staging areas would be clearly marked, and construction fencing would be installed to prevent disturbance and safety hazards. Therefore, no significant hazards for vehicles, pedestrians, and/or cyclists in the area would occur during this phase. 3.4.2 Noise Because the proposed project would include the redevelopment of the site with the same use and is consistent with the General Plan and zoning district (see Section 3.1, CEQA Guidelines Section 15332(a): General Plan and Zoning Consistency), this analysis addresses increases in ambient noise levels for adjoining areas during construction and operation. 3.4.2.1 EXISTING NOISE CONDITIONS The project site is within the 65 to 70 A-weighted decibel (dBA) community noise equivalent level (CNEL) noise contour according to the City of Cupertino General Plan Future Noise Contour (Figure D-1 in Appendix D of the Cupertino General Plan).37 The noise environment in the project vicinity is primarily characterized by vehicular traffic along Stevens Creek Boulevard to the north of the project site and South Stelling Road to the west of the project site. Operations and activities from adjacent commercial and residential uses also contribute to the existing noise environment in the project vicinity. 37 City of Cupertino, 2015. Cupertino General Plan Community Vision 2015-2040. 153 PC 12-12-2023 153 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 30 PlaceWorks As described in Section 2.2.1, Location, sensitive receptors include places with people that have an increased sensitivity to air pollution, noise, or environmental contaminants. Noise-sensitive receptors are measured from the center of the project site to the property line of the receptor. Accordingly, the nearest noise-sensitive receptor to the project site is the medical building (chiropractor) approximately 50 feet to the north. 3.4.2.2 PROJECT-RELATED CONSTRUCTION NOISE Demolition and Construction The proposed project would demolish the two existing buildings (four units) and remove the existing vegetation and trees on the project site. Demolition and construction work would be conducted between 7:00 a.m. and 8:00 p.m. on weekdays, as provided for in CMC Section 10.48.053, Grading, Construction and Demolition. Demolition and construction are not permitted on weekends or holidays for sites within 750 feet of other residential properties. Demolition debris, including soil, would be off-hauled for disposal in accordance with the City of Cupertino’s Recycling and Diversion of Construction and Demolition Waste Ordinance.38 During demolition and construction, vehicles, equipment, and materials would be staged and stored on a centrally located portion of the project site when practical. No long-term staging of equipment would occur around the perimeter of the site where adjacent to existing residential uses. No staging would occur in the public right-of-way. The construction site and staging areas would be clearly marked, and construction fencing would be installed to prevent disturbance and safety hazards. A combination of on- and off-site parking facilities for construction workers would be identified during demolition, grading, and construction. Noise generated during construction is based on the type of equipment used, the location of the equipment relative to sensitive receptors, and the timing and duration of the noise-generating activities. Each activity phase (e.g., demolition, site preparation, building construction) of construction involves the use of different construction equipment, and therefore, each activity phase has its own distinct noise characteristics. No pile driving, rock blasting, or crushing would occur during the construction phase. Noise levels from construction activities are dominated by the loudest piece of construction equipment. The dominant noise source is typically the engine, although work piece noise (such as dropping of materials) can also be noticeable. Heavy equipment, such as a bulldozer or a loader, can have maximum, short-duration noise levels of 85 dBA at 50 feet. Noise from construction equipment is intermittent and diminishes at a rate of 6 dBA per doubling distance.39 38 Cupertino Municipal Code, Title 16, Building and Construction, Chapter 16.72, Recycling and Diversion of Construction and Demolition Waste. 39 The sound attenuation rate of 6 dBA is generally conservative and does not consider additional attenuation provided by existing buildings, structures, and natural landscapes around the project site. 154 PC 12-12-2023 154 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 31 The noise generated at each activity phase is determined by combining the Leq (equivalent continuous sound level) contributions from the top -three loudest pieces of equipment used at a given time. Based on the site plans, the project site is approximately 110 feet by 150 feet. This means that construction equipment could often operate within 50 feet of any adjacent land use property line, including the nearest noise-sensitive receptor to the north. Table 3-1, Project Construction Noise Levels by Activity Phase, shows the aggregate construction noise emissions, by activity phase, at a reference distance of 50 feet. Additionally, Table 3-2, Project Construction Noise Levels by Equipment, shows the noise emissions from each individual piece of construction at 25 feet. Construction equipment was modeled using the Roadway Construction Noise Model (RCNM). TABLE 3-1 PROJECT CONSTRUCTION NOISE LEVELS BY ACTIVITY PHASE Activity Phase a RCNM Reference Noise Level at 50 feet in dBA Leq b Building Demolition 82 Site Preparation 79 Grading 81 Building Construction 82 Paving 80 Architectural Coating 71 Finish and Landscaping 71 Notes: a. Equipment mix provided by the project applicant. b. Noise level rounded to the nearest whole number. Source: Roadway Construction Noise Model (RCNM) As described in CMC Section 10.48.053, construction and demolition activities are exempt for the daytime noise standard of 60 dBA provided construction noise does not exceed 80 dBA at the receptor ’s receiving property line or no individual piece of construction equipment exceeds 87 dBA at 25 feet. Only one of these standards is required to be met. The proposed project would meet the second criterion and no single piece of equipment would exceed 87 dBA at a distance of 25 feet (see Table 3-2). TABLE 3-2 PROJECT CONSTRUCTION NOISE LEVELS BY EQUIPMENT Individual Equipment a RCNM Reference Noise Level at 25 feet in dBA Leq b Backhoe 80 Compactor 82 Compressor (air) 80 Concrete Mixer Truck 81 Concrete Pump Truck 80 Crane 79 Dozer 74 Drum Mixer 83 Dump Truck 79 155 PC 12-12-2023 155 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 32 PlaceWorks TABLE 3-2 PROJECT CONSTRUCTION NOISE LEVELS BY EQUIPMENT Individual Equipment a RCNM Reference Noise Level at 25 feet in dBA Leq b Excavator 83 Flat Bed truck 76 Paver 80 Pickup Truck 77 Pumps 84 Vibratory Concrete Mixer 79 Notes: a. Equipment mix provided by the project applicant. b. Noise level rounded to the nearest whole number. Source: Roadway Construction Noise Model (RCNM) Furthermore, CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard environmental protection requirements that all construction projects must meet. Specifically, the project applicant would be required to comply with CMC Sections 17.04.050(G)(1) and 17.04.050(G)(2) listed below, which would further ensure impacts from construction would be less than significant: CMC Section 17.04.050(G)(1), Notice and Signage. At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, because the project site is between 0.25 to 0.5 acres, the project applicant shall send notices shall be sent to off-site businesses and residents within 250 feet of the project site. The notification shall include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration. The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. The project applicant shall provide the City with evidence of mailing of the notice, upon request. Additionally, the at least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, which includes permitted construction days and hours, as well as the 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. If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the action to the City within three business days of receiving the complaint. CMC Section 17.04.050(G)(2), Manage Noise During Construction. 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 156 PC 12-12-2023 156 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 33 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. 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. In summary, the construction activity would be compliant with the CMC noise standards and impacts would be less than significant. Vibration The nearest structures to construction activities such as grading, site preparation, and paving that would produce vibration from paving equipment, such as a ground compactor, a backhoe, and paver, and other heavy equipment, such as graders, bulldozers, and tractors, would occur within 15 to 25 feet of the nearest off-site structures (i.e., adjacent medical building to the north and carports to the south). Accordingly, the project applicant would be required to comply with CMC Sections 17.04.040(D)(1)(b) and 17.04.040(D)(1)(c), which require the use of a static roller in lieu of a vibratory roller for all paving activities and limits all off-road equipment for grading and earthwork activities to 100 horsepower or less, respectively. Compliance with CMC Sections 17.04.040(D)(1)(b) and 17.04.040(D)(1)(c) would ensure vibration levels due to construction activities would not exceed 0.2 inches per second peak particle velocity (in/sec PPV) at nearby buildings or structures. Accordingly, impacts from construction-related vibration would be less than significant. 3.4.2.3 STATIONARY OPERATIONAL NOISE The primary stationary and operational noise sources in the proposed project would be from mechanical equipment such as those associated with heating, ventilation, and air conditioning, also commonly referred 157 PC 12-12-2023 157 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 34 PlaceWorks to as HVAC equipment. The proposed project would demolish existing buildings and replace with new construction, replacing the previous HVAC equipment with new HVAC equipment. Therefore, the proposed project would not introduce a new noise source and would not result in a significant noise increase above existing conditions. Further, as a general rule, newer HVAC equipment is more efficient and quieter than the older HVAC equipment. Therefore, impacts would be less than significant. 3.4.2.4 TRAFFIC NOISE As previously discussed, the proposed project is estimated to result in 21 net new daily vehicle trips. The addition of 21 net new vehicle trips when compared to the thousands of existing daily trips along Stevens Creek Boulevard would result in a negligible traffic noise increase. Therefore, impacts would be less than significant. 3.4.2.5 AIRCRAFT NOISE IMPACTS Because the project site is not within two miles of a public or public use airport, which is the standard for assessing noise impacts under CEQA, the proposed project would not result in the exposure of people residing or working in the project area to excessive noise levels associated with the proximity of an airport. Accordingly, impacts would be less than significant. 3.4.3 Air Quality The proposed project is in the San Francisco Bay Area Air Basin under the jurisdiction of the Bay Area Air Quality Management District (BAAQMD), which regulates air quality in the San Francisco Bay Area. Within the BAAQMD, ambient air quality standards for ozone, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), particulate matter (PM10, PM2.5), and lead (Pb) have been set by both the State of California and the federal government. The State has also set standards for sulfate and visibility. The San Francisco Bay Area Air Basin is under State nonattainment status for ozone and particulate matter (both PM10 and PM2.5) standards. The San Francisco Bay Area Air Basin is classified as nonattainment for the federal ozone 8-hour standard and nonattainment for the federal 24-hour standard for fine particulate matter of 2.5 microns or less in diameter (PM2.5).40 3.4.3.1 CONSISTENCY WITH APPLICABLE AIR QUALITY PLANS The applicable air quality plan is the BAAQMD 2017 Clean Air Plan/Regional Climate Protection Strategy, which was adopted on April 19, 2017. The 2017 Clean Air Plan/Regional Climate Protection Strategy serves as a roadmap for the BAAQMD to reduce air pollution and protect public health and the global climate. The 2017 Clean Air Plan also includes measures and programs to reduce emissions of fine particulates and toxic 40 Bay Area Air Quality Management District. Air Quality Standards and Attainment Status. https://www.baaqmd.gov/about-air- quality/research-and-data/air-quality-standards-and-attainment-status, accessed August 28, 2022. 158 PC 12-12-2023 158 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 35 air contaminants. Additionally, the Regional Climate Protection Strategy identifies potential rules, control measures, and strategies that the BAAQMD can pursue to reduce greenhouse gases (GHGs) throughout the Bay Area. Consistency with the 2017 Clean Air Plan is determined by whether or not the proposed project would result in significant and unavoidable air quality impacts or hinder implementation of control measures (e.g., excessive parking or preclude extension of transit lane or bicycle path). As indicated in the analysis that follows, the proposed project would not result in significant operational and construction-period emissions. Therefore, the proposed project supports the goals of the Clean Air Plan and would not conflict with any of the control measures identified in the Clean Air Plan as designed to bring the region into attainment. Additionally, the project site is in an urban area and would increase housing within a TPA. Therefore, the proposed project would not hinder or disrupt implementation of any control measures from the Clean Air Plan. 3.4.3.2 CUMULATIVELY CONSIDERABLE NET INCREASE OF ANY CRITERIA POLLUTANT As described previously, the San Francisco Bay Area Air Basin is currently designated a nonattainment area for California and National O3, California and National PM2.5, and California PM10 air quality standards. Any project that produces a significant project-level regional air quality impact in an area that is in nonattainment adds to the cumulative impact. Due to the extent of the area potentially impacted by cumulative plus project emissions (the San Francisco Bay Area Air Basin), a project is cumulatively significant when project-related emissions exceed the BAAQMD emissions thresholds. BAAQMD has identified thresholds of significance for criteria pollutant emissions and criteria air pollutant precursors, including ROG, NOx, PM10, and PM2.5. Development projects below the significance thresholds would not generate sufficient criteria pollutant emissions to violate any air quality standard or contribute substantially to an existing or projected air quality violation. In addition, BAAQMD has developed screening criteria for a conservative indication of whether the proposed project could result in potentially significant air quality impacts. If the screening criteria are met by a proposed project, then a detailed air quality assessment of air pollutant emissions is not necessary. Table 4-1, Single Land Use Construction and Operational Criteria Air Pollutant and Precursor Screening Levels, of the BAAQMD CEQA Guidelines, lists an operational screening size for general condo/townhouses of 637 dwelling units, and a construction-related screening size of 416 dwelling units.41 Because the proposed project is below this threshold, it does not require a detailed air quality emissions analysis. 41 Bay Area Air Quality Management District, 2023. 2022 CEQA Guidelines Chapter 4, “Screening for Criteria Air Pollutants and Precursors,” page 4-4. 159 PC 12-12-2023 159 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 36 PlaceWorks In addition, BAAQMD has the following screening criteria for carbon monoxide (CO) impacts; the proposed project would result in a less-than-significant impact to localized CO concentrations if the following criteria is met: The project is consistent with an applicable congestion management program established by the county congestion management agency for designated roads or highways, regional transportation plan, and local congestion management agency plans. The project traffic would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour. The project traffic would not increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, below-grade roadway). As shown in Section 3.4.1, Traffic, the proposed project meets this screening criteria, and would not result in significant impacts regarding CO. Regional Short-Term Construction Impacts The following describes project-related impacts from regional short-term construction activities and regional long-term operation of the proposed project. Construction activities produce combustion emissions from various sources, such as on-site heavy-duty construction vehicles, vehicles hauling materials to and from the site, and motor vehicles transporting the construction crew. Site preparation activities produce fugitive dust emissions (PM10 and PM2.5) from demolition and soil-disturbing activities, such as grading and excavation. Air pollutant emissions from construction activities on-site would vary daily as construction activity levels change. Construction activities associated with the proposed project would result in emissions of ROG, NOx, CO, PM10, and fine PM2.5. Construction Fugitive Dust Ground-disturbing activities during construction would generate fugitive dust (PM10 and PM2.5). The amount of dust generated during construction would be highly variable and is dependent on the amount of material being disturbed, the type of material, moisture content, and meteorological conditions. If uncontrolled, PM10 and PM2.5 levels downwind of actively disturbed areas could possibly exceed State standards. Consequently, BAAQMD considers all impacts related to fugitive dust emissions from construction to be less than significant with implementation of BAAQMD’s best management practices, which are also required pursuant to CMC Section 17.04.050(A)(1), Control Fugitive Dust During Construction. The current best management practices that are required to be implemented by the project applicant are listed herein: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 160 PC 12-12-2023 160 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 37 All haul trucks transporting soil, sand, or other loose material off-site shall be covered. All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. A publicly visible sign shall be posted with the telephone number and person to contact at the City of Cupertino regarding dust complaints. This person shall respond and take corrective action within 48 hours. The phone number shall also be visible to ensure compliance with applicable regulations. Construction Exhaust Emissions The proposed project would result in demolition, demolition debris hauling, site preparation, grading, building construction, paving, and architectural coating that would occur near existing sensitive land uses, as shown in Section 2.2.1, Location. CMC Section 17.04.050(A)(2), Control Construction Exhaust, requires projects that disturb more than one acre and are more than two months in duration to implement construction exhaust measures. The project site, approximately 0.3 acres, falls below the City’s threshold. In addition, pursuant to CMC Section 17.04.050(A)(3), Control Volatile Organic Compound Emissions from Paint, the project applicant would be required to use low-volatile organic compound (VOC) paint (i.e., 50 grams per liter [g/L] or less) for interior and exterior wall architectural coatings. The project applicant shall include the use of low-VOC paint in the applicable construction documents prior to issuance of the first permit. Because the construction exhaust emissions are temporary, and the project site falls below the City thresholds regarding construction exhaust emissions, impacts would be less than significant. Operational Impacts Typical long-term air pollutant emissions are generated by area sources (e.g., landscape fuel use, aerosols, architectural coatings, and asphalt pavement), energy use (natural gas), and mobile sources (i.e., on-road vehicles). Types of land uses that typically generate substantial quantities of criteria air pollutants and toxic air contaminants include industrial (stationary sources), manufacturing, and warehousing (truck idling) land uses. These types of major air pollutant emissions sources are not included as part of the proposed project. 161 PC 12-12-2023 161 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 38 PlaceWorks The proposed project would not include stationary sources that emit toxic air contaminants and would not generate a significant amount of heavy-duty truck trips (a source of diesel particulate matter [DPM]). Therefore, the proposed project would not expose sensitive receptors to substantial concentrations of air pollutant emissions during operation. BAAQMD CEQA Guidelines states that if a project meets the screening criteria for operational-related criteria air pollutants, the project would not result in the generation of operational-related criteria air pollutants and/or precursors that exceed BAAQMD’s thresholds of significance. As previously stated, the proposed project ’s seven units on a 0.3-acre site falls below BAAQMD’s thresholds (general condo/townhouses of 637 dwelling units and a construction-related screening size of 416 dwelling units) and City thresholds for quantifying air pollutants (less than one acre of disturbed land), and therefore would also not generate air pollutants that would cause a significant impact, and operational air quality impacts would be less than significant. Carbon Monoxide Hotspot Analysis Areas of vehicle congestion have the potential to create pockets of carbon monoxide (CO) called hotspots. These pockets have the potential to exceed the State 1-hour standard of 20 parts per million (ppm) or the 8-hour standard of 9 ppm. Under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single intersection by more than 44,000 vehicles per hour—or 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited—to generate a significant CO impact. As described in Section 3.4.1, Traffic, the proposed project would result in 21 net new daily vehicle trips. Thus, the proposed project would not increase traffic volumes at affected intersections by more than 44,000 vehicles per hour or 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited.42 The proposed project would not have the potential to substantially increase CO hotspots at intersections in the project vicinity. As a result, the proposed project would not increase CO concentrations at intersections. Therefore, impacts would be less than significant. 3.4.3.3 ODORS During project construction, some odors may be created due to diesel exhaust. However, these odors would be temporary and limited to the construction period. The proposed project would not include any activities or operations that would generate objectionable odors and once operational, the project would not be a source of odors. Therefore, the proposed project would not create objectionable odors affecting a substantial number of people and impacts would be less than significant. 42 Bay Area Air Quality Management District (BAAQMD), 2011 Revised. California Environmental Quality Act Air Quality Guidelines. 162 PC 12-12-2023 162 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 39 3.4.3.4 GREENHOUSE GAS EMISSIONS A project does not generate enough GHG emissions on its own to influence global climate change; therefore, this section measures the proposed project contribution to the cumulative environmental impact associated with GHG emissions. Development of the proposed project would contribute to climate change through direct and indirect GHG emissions from the construction activities needed to implement the proposed project, which would generate a short-term increase in GHG emissions. Construction Impacts BAAQMD does not have thresholds of significance for construction-related GHG emissions, which are one- time, short-term emissions and therefore would not significantly contribute to the long-term cumulative GHG emissions impacts of the proposed project. Implementation of the BAAQMD basic construction best management practices, refer to Section 3.4.3.2 [Construction Fugitive Dust]) required pursuant to Section 17.04.050(A)(1), would reduce GHG emissions by reducing the amount of construction vehicle idling and by requiring the use of properly maintained equipment. Therefore, project construction impacts associated with GHG emissions would be reduced to the extent feasible, as required by the BAAQMD, and would be less than significant. Operational Impacts The proposed project would generate a net increase in 21 daily weekday trips compared to existing on-site land uses. Because transportation emissions would generate the majority of GHG emissions associated with the proposed project, this net increase in daily trips would not substantially increase GHG emissions in the city. Additionally, the new buildings would be more energy efficient than the existing structures and would be built to achieve the latest Title 24 Building and Energy Efficiency Standards. BAAQMD has the following thresholds for land use projects in analyzing GHG emissions impacts; projects must include conditions listed under either A or B: A. Projects must include, at a minimum, the follow project design elements: 1. Buildings a. The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development). b. The project will not result in any wasteful, inefficient, or unnecessary energy usage as determined by the analysis required under CEQA Section 21100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines. 2. Transportation a. Achieve a reduction in project-generated vehicle miles traveled (VMT) below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted Senate Bill 163 PC 12-12-2023 163 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 40 PlaceWorks 743 VMT target, reflecting the recommendations provided in the Governor’s Office of Planning and Research's Technical Advisory on Evaluating Transportation Impacts in CEQA: i. Residential projects: 15 percent below the existing VMT per capita ii. Office projects: 15 percent below the existing VMT per employee iii. Retail projects: no net increase in existing VMT b. Achieve compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2. B. Projects must be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b). As described herein, the proposed project would meet the conditions listed under criterion B, for being consistent with a locally adopted GHG reduction strategy. In addition, it would not include natural gas appliances or plumbing, or result in any wasteful, inefficient, or unnecessary energy usage, as previously explained. Cupertino Climate Action Plan The Cupertino Climate Action Plan 2.0 (CAP 2.0) is a strategic planning document that identifies sources of GHG emissions within the city’s boundaries, presents current and future emissions estimates, identifies a GHG reduction target for future years, and presents strategic goals, measures, and actions to reduce emissions from the energy, transportation, land use, water, solid waste, and green infrastructure sectors. A specific project proposal is considered consistent with the Cupertino CAP 2.0 if it does not conflict with the required GHG reduction measures contained in the adopted CAP. Project consistency with the adopted GHG reduction measures is shown in Table 3-4, Cupertino Climate Action Plan Consistency Matrix: TABLE 3-4 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency Measure BE-1 Reduce non-SVCE usage rate to 2 percent for residential and 10 percent for commercial by 2030 and maintain through 2040. Consistent. The proposed project would comply with the current California Building and Energy Efficiency Standards to reduce energy consumptions. Measure BE-4 Require new residential and commercial development to be all-electric at time of construction. Consistent. The City of Cupertino has adopted the California Energy Code (CMC Chapter 16.54) that requires all newly constructed buildings to be All-Electric Buildings. Therefore, the proposed project would comply with this measure. Measure TR-1 Develop and implement an Active Transportation Plan to achieve 15 percent of active transportation mode share by 2030 and 23 percent by 2040. Consistent. The City is the responsible party for this measure. As stated in Chapter 2, Project Description, while the proposed project does not propose any new bicycle lanes or routes, the site is accessible via the existing Enhanced Bike Lanes on Stevens Creek Boulevard and South Stelling Road. As such, the proposed project 164 PC 12-12-2023 164 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 41 TABLE 3-4 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency would not conflict with the City’s 2016 Bicycle Transportation Plan. Pedestrians would also have access to the site via the existing sidewalks that will connect to the pedestrian network surrounding the project site. Therefore, the proposed project would promote and would not obstruct these alternative modes of transportation. Measure TR-2 Implement public and shared transit programs to achieve 29 percent of public transit mode share by 2030 and maintain through 2040. Consistent. The City is the responsible party for this measure. The proposed project is a redevelopment project near the De Anza College major transit stop served by VTA bus routes 23, 51, 51H, 55, and Rapid 523. The proposed project would not conflict with implementation of this measure. Measure TR-3 Increase zero-emission vehicle (ZEV) adoption to 35 percent for passenger vehicles and 20 percent for commercial vehicles by 2030 and 100 percent for all vehicles by 2040. Consistent. The proposed project would result in an increase in land use intensity in a portion of the city that has access to existing transportation infrastructure and services, including the VTA bus routes 23, 51, 51H, 55, and Rapid 523. To encourage transition to electric vehicles (EVs), the proposed project would be required to install EV charging stations pursuant to the City’s code. The proposed project would be conditioned by the City to install 6 Level 2 EV Ready Circuits and six 6 Level 1 EV Ready Circuits, one of each in each of the townhome units, and therefore would be consistent with this standard to increase this to the minimum of EV-capable charging spaces to comply with the voluntary Tier 2 standards of CALGreen as required by BAAQMD. Measure W-1 Implement SB 1383 requirements and reduce communitywide landfilled organics 75 percent by 2025 and inorganic waste 35 percent by 2030 and reduce all waste 90 percent by 2040. Consistent. The City is the responsible party for implementing this measure. The proposed project would include compost and green waste disposal services through the City’s contracts with Recology South Bay. The materials would be collected by the City garbage waste hauler (Recology). The proposed project would not conflict with implementation of this measure. Measure W-2 Reduce overall waste disposed to garbage, recycling, and compost per capita by 15 percent by 2035. Consistent. The City is the responsible party for implementing this measure. The proposed project would include compost and green waste disposal services through the City’s contracts with Recology South Bay. The materials would be collected by the City garbage waste hauler. The proposed project would not conflict with implementation of this measure. Measure W-3 Meet or exceed the SB 1383 recycled organics products procurement requirements and sequester or avoid at least 0.018 MT CO2e per person by through 2045. Consistent. The City is the responsible party for implementing this measure. The proposed project would include compost and green waste disposal services through the City’s contracts with Recology South Bay. The materials would be collected by the City garbage waste hauler. The proposed project would not conflict with implementation of this measure. 165 PC 12-12-2023 165 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 42 PlaceWorks TABLE 3-4 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency Measure WW-2 Reduce per capita water consumption 15 percent compared to 2019 levels by 2030 and maintain through 2040 Consistent. The proposed project would comply with Senate Bill (SB) X7-7, which requires California to achieve a 20 percent reduction in urban per-capita water use by 2020 and would implement best management practices for water conservation to achieve the City’s water conservation goals. As described in Chapter 2, Project Description, the project incorporates low water-use groundcovers, shrubs, and trees throughout the project site. All landscape zones would be irrigated as required by the Cupertino Landscape Ordinance, and water uses would be tailored to meet CALGreen Building Standards, which requires water conservation and requires new buildings to reduce water consumption by 20 percent. The proposed project would not conflict with implementation of this measure. Measure CS-1 Increase carbon sequestration through tree planting by developing and implementing an Urban Forest Management Plan. Consistent. The City is the responsible party for this measure. As described in Chapter 2, Project Description, the proposed project would increase landscaping on-site. This would increase tree canopy over the buildings and hardscaped areas, reducing energy needed to cool the buildings. The proposed project would include 444 square feet of on-site bioretention facilities that would hold and treat stormwater before dispersal to the City’s off-site storm drain infrastructure. Furthermore, the project will comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 and CMC Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, to ensure ongoing compliance with the City’s municipal stormwater and urban runoff requirements. The proposed project would not conflict with implementation of this measure. Notes: Measures BE-2 and BE-3 apply to existing development and are not applicable. Measure TR-4 is a city measure to re-focus transportation infrastructure in the City that is not applicable on a project-level. Measure CS-2 is for open space projects that can sequester carbon dioxide (CO2), and therefore, is not directly applicable to the project. Source: City of Cupertino, August 2022, City of Cupertino, Climate Action Plan 2.0. Prepared by PlaceWorks. Development in Cupertino, including the proposed project, is required to adhere to City-adopted policy provisions, including those contained in the adopted CAP 2.0. The City ensures that the provisions of the Cupertino CAP 2.0 are incorporated into projects and their permits through development review and applications of conditions of approval as applicable. Additionally, as previously stated, the proposed project would replace the older structures with newer, more energy-efficient structures that achieve the most recent California Building and Energy-Efficiency Standards and water-efficiency standards. Furthermore, CMC Chapter 17.04, Standard Environmental Protection Requirements, requires the reduction of GHG emissions and energy use in Section 17.04.050(C), Greenhouse Gas Emissions and Energy Permit Requirements. Pursuant to CMC Section 17.04.050(C), the project applicant would be required to complete the City of Cupertino Climate Action Plan – Development Project Consistency Checklist, for review and 166 PC 12-12-2023 166 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 43 approval by the City Environment and Sustainability Department prior to issuance of the first permit, to demonstrate how the project is consistent with the Cupertino Climate Action Plan, as subsequently revised, supplemented, or replaced, to reduce GHG emissions and conserve energy. Accordingly, the impact would be less than significant. Other Greenhouse Gas Reduction Plans Other applicable plans adopted for the purpose of reducing GHG emissions include the California Air Resources Board’s (CARB) Scoping Plan and Plan Bay Area 2050. A consistency analysis with these plans is presented herein. CARB’s Scoping Plan CARB’s Climate Change Scoping Plan (Scoping Plan) outlines the State’s strategies to reduce GHG emissions in accordance with the targets established under Assembly Bill (AB) 32, Senate Bill (SB) 32, and Executive Order (EO) B-55-18. The Scoping Plan is applicable to State agencies and is not directly applicable to cities/counties and individual projects. Nonetheless, the Scoping Plan has been the primary tool that is used to develop performance-based and efficiency-based CEQA criteria and GHG reduction targets for climate action planning efforts. CARB recently released the 2022 Scoping Plan to address measures to achieve the State’s carbon neutrality goals under EO B-55-18. Statewide strategies to reduce GHG emissions in the 2017 Climate Change Scoping Plan include implementing SB 350, which expands the Renewable Portfolio Standards to 50 percent by 2030 and doubles energy-efficiency savings; expanding the Low Carbon Fuel Standards (LCFS) to 18 percent by 2030; implementing the Mobile Source Strategy to deploy zero-electric vehicle buses and trucks; implementing the Sustainable Freight Action Plan; implementing the Short-Lived Climate Pollutant Reduction Strategy, which reduces methane and hydrofluorocarbons to 40 percent below 2013 levels by 2030 and black carbon emissions to 50 percent below 2013 levels by 2030; continuing to implement SB 375; creating a post-2020 Cap-and-Trade Program; and developing an Integrated Natural and Working Lands Action Plan to secure California’s land base as a net carbon sink. Statewide strategies to reduce GHG emissions include the low carbon fuel standards, California Appliance Energy Efficiency regulations, California Renewable Energy Portfolio standard, changes in the CAFE standards, and other early action measures as necessary to ensure the State is on target to achieve the GHG emissions reduction goals of AB 32, SB 32, and EO B-55-18. In addition, new buildings are required to comply with the current Building Energy Efficiency Standards and CALGreen. The Cupertino CAP 2.0 is consistent with the statewide GHG reduction strategy and therefore complying with the CAP 2.0 would ensure the proposed project complies with the CARB Scoping Plan. The project’s GHG emissions would be reduced from compliance with statewide measures that have been adopted since AB 32, SB 32, and EO B-55-18 were adopted. Therefore, impacts would be less than significant. 167 PC 12-12-2023 167 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 44 PlaceWorks Plan Bay Area Plan Bay Area 2050 is the Bay Area’s RTP/SCS that identifies a sustainable vision for the Bay Area. To achieve the Metropolitan Transportation Commission’s (MTC’s )/Association of Bay Area Government’s (ABAG’s ) sustainable vision for the Bay Area, the Plan Bay Area 2050 land use concept plan for the region concentrates the majority of new population and employment growth in the region in Priority Development Areas (PDAs). PDAs are transit-oriented, infill development opportunity areas within existing communities. An overarching goal of the regional plan is to concentrate development in areas where there are existing services and infrastructure rather than allocate new growth to outlying areas where substantial transportation investments would be necessary to achieve the per-capita passenger vehicle, vehicle miles traveled, and associated GHG emissions reductions. As previously described in Section 2.2.1, Location, the project site is within a Santa Clara Valley Transportation Authority (VTA) City Cores, Corridors, and Station Areas PDA. The growth associated with the proposed project is consistent with ABAG projections and would not exceed regional population and employment projections. The proposed project is an infill development project that would result in an increase in land use intensity in a portion of the city that has access to existing infrastructure and services, including transit service. Therefore, the proposed project would not conflict with the land use concept plan for the City of Cupertino identified in the Plan Bay Area 2050 and the impact would be less than significant. 3.4.4 Water Quality 3.4.4.1 CONSTRUCTION-RELATED WATER QUALITY IMPACTS The City, as a participant in the Santa Clara Valley Urban Runoff Pollution Prevention Program, which is regulated by the NPDES Program, is committed to reducing pollutants entering waterways. Below is a discussion of the proposed project’s compliance with water quality standards. The proposed project would include the demolition of existing residential structures and construction of the seven townhomes. Because the proposed project is less than one acre, it would not be required to comply with the General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activity (Construction General Permit). It would, however, be required to comply with the Regional Water Board Municipal Regional Permit (MRP), because it would create more than 10,000 square feet of impervious surfaces. Compliance with applicable regulations would ensure that the potential adverse impacts to surface water quality throughout the construction period would be less than significant. The proposed project is required to comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 requirements, which include minimization of impervious surfaces, measures to detain or infiltrate runoff from peak flows to match pre-development conditions, and agreements to ensure that the stormwater treatment and flow-control facilities are maintained in perpetuity. 168 PC 12-12-2023 168 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 45 3.4.4.2 OPERATION PERIOD WATER QUALITY IMPACTS As stated previously, the proposed project would be required to comply with the MRP. In addition, stormwater from implementation of the proposed project would be directed to the existing stormwater system, in addition to being filtered through the 390 square feet of bioretention areas and 1,049 square feet of self-treating permeable pavement included as part of the proposed project. Therefore, the proposed project would continue to minimize pollutant runoff from the project site, and water quality impacts during operation would be less than significant. 3.4.4.3 GROUNDWATER The proposed project would connect to the existing water lines on-site and would not use groundwater at the site. Additionally, the proposed project would include 1,159 square feet of bioretention areas and 2,701 square feet of self-treating permeable pavement, which would allow water to percolate into the groundwater basin below the project site. Therefore, the proposed project would not deplete groundwater supplies or interfere substantially with groundwater recharge. 3.4.4.4 STORMWATER COLLECTION Stormwater runoff from the project site is channeled into a storm drain under Bianchi Way. Stormwater from Cupertino is eventually discharged into San Francisco Bay. As described in Section 2.5.4.3, Stormwater Management, the increased density of the proposed project would result in an increase of 5,157 square feet of impervious surfaces. As described in Section 2.5.4.3, the City participates in the Santa Clara Valley Urban Runoff Pollution Prevention Program, which implements the NPDES program throughout the county, and requires minimization of impervious surfaces and measures to control from peak flows. Additionally, CMC Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, provides regulations and gives legal effect to certain requirements of the NPDES permit issued to the City. In compliance with this, the proposed project includes 1,159 square feet of on-site bioretention areas that would hold and treat stormwater before it is released into the City’s off-site storm drain infrastructure, as well as 2,701 square feet of self-treating permeable pavement. 3.4.4.5 FLOODING The project site is not within a 100-year flood zone or special flood hazard area as mapped by the Federal Emergency Management Agency (FEMA). Additionally, the project site is also not located in an area subject to tsunami, seiche, or dam failure inundation. Therefore, no impacts would occur. 169 PC 12-12-2023 169 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 46 PlaceWorks 3.5 CEQA GUIDELINES SECTION 15332(E): UTILITIES AND PUBLIC SERVICES For the following reasons, the project site can be adequately served by all required utilities and public services and therefore meets the criteria of CEQA Guidelines Section 15332(e). The project site is in an urban area already served by all necessary municipal utilities (i.e., stormwater, water, wastewater, solid waste) and public services (i.e., police and fire). 3.5.1 Stormwater As described in Section 3.4.4.4, Stormwater Collection, the project site is served by existing stormwater sewer systems, and the proposed project would not require additional or modified stormwater sewer systems. The proposed project would also implement on-site bioretention areas and self-treating permeable pavement to reduce or slow stormwater runoff. Therefore, there would be less-than-significant impacts to stormwater utilities. 3.5.2 Water As described in Section 2.5.4.1, Water Supply and Conservation, the project site is within the CWS service area. Water service to the project site would be provided by the existing water line on Bianchi Way. No new connections would be needed and are not proposed as part of the proposed project. The proposed project would be required to comply with CMC Section 17.04.050(I)(2), Ensure Adequate Water Supply and Infrastructure, which requires the project applicant to obtain written approval from the appropriate water service provider for water connections, service capability, and location and layout of water lines and backflow preventers, prior to issuance of the first permit. As shown in the General Plan EIR, Chapter 4.14, Hydrology and Water Quality, the water supply at project buildout year 2025 would be 14,055 acre-feet 43 per year (afy) and at General Plan buildout year 2040 would be 16,984 afy. As discussed in the General Plan EIR, buildout of the General Plan would not result in insufficient water supplies from SJW under normal-year conditions or during single-dry year and multiple- dry years, with the proposed and existing water conservation regulations and measures in place. As shown in Table 2-1, Reasonably Foreseeable Development Projects in Cupertino (Net New), in Section 2.4, General Plan EIR, the proposed project is within the buildout projections of the General Plan EIR. Therefore, with respect to water supply, impacts would be less than significant. 43 One acre-foot equals about 326,000 gallons, or enough water to cover an acre of land, about the size of a football field, one foot deep. 170 PC 12-12-2023 170 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 47 3.5.3 Wastewater As described in Section 2.5.4.2, Sanitary Sewer Service, the project site is within the CSD service area, and wastewater would be treated at the SJ/SCWPCP. Wastewater generated by the proposed project would be collected by the existing sanitary sewer main along Bianchi Way. Municipal stormwater discharges in the city of Cupertino are subject to the Waste Discharge Requirements of the Municipal Regional Permit (MRP; Order Number R2-2022-0018) and NPDES Permit Number CAS612008, which became effective on July 1, 2022. The MRP currently allows average dry-weather flow (ADWF) of up to 167 million gallons per day (mgd) with full tertiary treatment, and wet weather discharges of up to 271 mgd with full tertiary treatment. As discussed here, future demands from the proposed project would not exceed the design or permitted capacity of the SJ/SCWPCP that serves the project site. Future water treatment demand was assessed in consultation with the City of Cupertino and includes consideration of development in the city through the 2040 buildout horizon of the General Plan. Therefore, development of the proposed project would not require any improvements not already considered and the impact of the proposed project on SJ/SCWPCP would be less than significant. Based on the CSD’s Flow Modeling Analysis Homestead Flume Outfall to City of Santa Clara dated December 6, 2019, the estimated ADWF generation rate for single-family residential developments is 175 gallons per day (gpd) per household and for multifamily residential developments is 133 gpd per household. 44 Applying this generation rate, the proposed project would generate an additional 693 gpd.45 The SJ/SCWPCP’s projected peak wet weather capacity stated in The San Jose Santa Clara Water Pollution Control Plant Master Plan, November 2013, is 450 mgd. Combined, the proposed project’s wastewater generation (518 gpd or 0.000518 mgd) and the existing wastewater generated in the SJ/SCWPCP’s service area (110 mgd) would not exceed the SJ/SCWPCP’s current total peak wet weather capacity of 450 mgd. The ADWF capacity is 167 mgd pursuant to the most recent NPDES permit for the SJ/SCWPCP. Combined, the proposed project’s wastewater generation and the existing wastewater generated would not exceed the SJ/SCWCP’s current ADWF capacity limits. The CSD has a contractual maximum treatment allocation of 7.85 mgd, on average, with the SJ/SCWPCP. At the time of the General Plan EIR, the wastewater generation of 5.3 mgd was estimated by the CSD.46 Combined, the existing wastewater flow (5.3 mgd) plus the proposed project would not exceed the City’s 44 Mark Thomas & Co. Inc., December 6, 2019. Cupertino Sanitary District Flow Modeling Analysis Homestead Flume Outfall to City of Santa Clara. 45 (175 gpd/household x 7 households = 1,225 gpd) – (133 gpd/household x 4 households = 532 gpd) = 693 gpd 46 City of Cupertino, General Plan (Community Vision 2015–2040), Appendix B: Housing Element Technical Report, 4.3 Environmental, Infrastructure & Public Service Constraints, page B-93. 171 PC 12-12-2023 171 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 48 PlaceWorks contractual allocation limits (7.85 mgd). Furthermore, the proposed project is within the buildout evaluated in the General Plan EIR; therefore, no new impact would result. The CSD wastewater system flows through a portion of the City of Santa Clara’s sewer system. The contractual agreement between CSD and the City of Santa Clara, for this portion of the Santa Clara sewer system, allows the City 13.8 mgd of capacity in the sewer system during peak wet weather flows. The existing CSD peak wet weather flow into the Santa Clara system is 13.14 mgd.47 However, the estimated wastewater generation from the proposed project and from other potential projects in Cupertino, as established by the General Plan and other approved projects, is approximately 14.61 mgd, which is the total capacity needed to serve the General Plan buildout.48 Therefore, the proposed project, and other approved and potential projects as established by the General Plan buildout, will require a reduction in sewer generation from the CSD system prior to flowing into the City of Santa Clara system, or additional capacity rights will need to be acquired from the City of Santa Clara. Until such corrections to the system can occur, the operation of future projects in Cupertino, including the proposed project, would exceed the 13.8 mgd contractual limit through the City of Santa Clara sewer system. The project applicant would be required to comply with CMC Chapter 17.04, Standard Environmental Protection Requirements. Specifically, the project applicant would be required to comply with CMC Section 17.04.050(I)(1), Manage Wastewater Inflow and Infiltration to Sewer System, listed below, which would ensure that potential impacts to the sewer system would be less than significant: Manage Wastewater Inflow and Infiltration to Sewer System. Project applicants shall implement the following measures to reduce wastewater flow: a. The project applicant shall demonstrate, to the satisfaction of the City of Cupertino and Cupertino Sanitary District (CSD) that the project would not exceed the peak wet weather flow capacity of the Santa Clara sanitary sewer system by implementing one or more of the following methods: i. Reduce inflow and infiltration in the CSD system to reduce peak wet weather flows, or ii. Increase on-site water reuse, such as increased grey water use, or reduce water consumption of the fixtures used within the proposed project, or other methods that are measurable and reduce sewer generation rates to acceptable levels, to the satisfaction of the CSD. 47 Mark Thomas & Co. Inc, December 6, 2019. Cupertino Sanitary District Flow Modeling Analysis Homestead Flume Outfall to City of Santa Clara. 48 Mark Thomas & Co. Inc, December 6, 2019. Cupertino Sanitary District Flow Modeling Analysis Homestead Flume Outfall to City of Santa Clara. 172 PC 12-12-2023 172 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption June 2023 Page 49 The project’s estimated wastewater generation shall be calculated using the current generation rates used by the CSD unless alternative (i.e., lower) generation rates achieved by the project are substantiated by the project applicant based on evidence to the satisfaction of the CSD. b. The project applicant shall obtain a letter of clearance from the Cupertino Sanitary District and provide a copy of the letter of clearance to the City prior to issuance of the first permit. This would ensure that the existing system can support the proposed project, and that impacts regarding wastewater utilities would be less than significant. 3.5.4 Solid Waste As described in Section 2.5.4.4, Solid Waste Services, the City contracts with Recology to provide solid waste collection services to residents in the city. The proposed project site is already served by solid waste services and would continue to be served by Recology under the proposed project. The proposed project would not result in an excess of solid waste that would not be able to be accommodated for under existing services, and impacts would be less than significant. 3.5.5 Public Services Providers The primary purpose of the public services impact analysis is to examine the impacts associated with physical improvements to public service facilities required to maintain acceptable service ratios, response times, or other performance objectives. Public service facilities need improvements (i.e., construction, renovation, or expansion) as demand for services increase. Increased demand is typically driven by increases in population. The proposed project would have a significant environmental impact if it would exceed the ability of public service providers to adequately serve residents, thereby requiring construction of new facilities or modification of existing facilities. Because the proposed project is in an area already served by public service providers and would only increase development compared to existing conditions by two residential units, it would not result in an increase in demand that would prevent public service providers from adequately serving residents. No mitigation measures would be required. Furthermore, through developer impact fees, development of the proposed project would support the City’s public services funds that are used in part to maintain City services. Likewise, and pursuant to SB 50,49 the project applicant would be required the school impact fees required for residential development that would deem any impacts to the Cupertino Union School District less than significant. 49 Senate Bill 50 amended California Government Code Section 65995, which contains limitations on Education Code Section 17620, the statute that authorizes school districts to assess development fees within school district boundaries. 173 PC 12-12-2023 173 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 3. Exemption Page 50 PlaceWorks This page has been intentionally left blank. 174 PC 12-12-2023 174 of 240 Page 51 PlaceWorks 4. Exceptions In addition to analyzing the applicability of CEQA Guidelines Section 15332 (Class 32), this document assesses whether any of the exceptions to categorical exemptions identified in CEQA Guidelines Section 15300.2 (Exceptions) apply to the proposed project. The following analysis compares the criteria in CEQA Guidelines Section 15300.2 (Exceptions) to the project, and concludes, based on substantial evidence, that none of the exceptions are applicable to the project, and that the project is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15300 and 15332. 4.1 CEQA GUIDELINES SECTION 15300.2(A): LOCATION Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply to all instances, except where the project may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, State, or local agencies. The proposed project does not qualify for an exemption under Classes 3, 4, 5, 6, or 11. The project site is located within an urban developed area and is not within a sensitive environment. In addition, the proposed project would not result in any impacts on an environmental resource of hazardous or critical concern. Therefore, the exception under CEQA Guidelines Section 15300.2(a) does not apply to the proposed project. 4.2 CEQA GUIDELINES SECTION 15300.2(B): CUMULATIVE IMPACT All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The proposed project would result in a slightly increased residential density (two additional units) on the project site in an urban neighborhood that is already served by utilities and public services, as well as transportation. As discussed in Section 3.4, CEQA Guidelines Section 15332(d): Traffic, Noise, Air Quality, or Water Quality, the proposed project would not result in significant impacts pertaining to traffic, noise, air quality, or water quality. Any construction effects would be temporary, confined to the project vicinity, and reduced to the extent feasible by implementing specific General Plan policies and applicable regulatory 175 PC 12-12-2023 175 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 4. Exceptions Page 52 PlaceWorks requirements. Therefore, the exception under CEQA Guidelines Section 15300.2(b) does not apply to the proposed project. 4.3 CEQA GUIDELINES SECTION 15300.2(C): SIGNIFICANT EFFECT A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. There are no known unusual circumstances that are applicable to the project, which may result in a significant effect on the environment. The proposed project consists of the demolition of the existing four residential units on the project site and the construction of seven new residential units. The proposed project would not result in a change in the existing use or introduce a new activity to the area that could result in a significant effect on the environment. Therefore, the exception under CEQA Guidelines Section 15003.2(b) does not apply to the proposed project. 4.4 CEQA GUIDELINES SECTION 15300.2(D): SCENIC HIGHWAYS A categorical exemption shall not be used for a project that may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements that are required as mitigation by an adopted negative declaration or certified EIR. The proposed project would not affect a resource within a State Scenic Highway. The proposed project would not affect a resource within a State Scenic Highway. The nearest scenic highway, State Route 9, is over five miles south of the project site. Therefore, no scenic resources within view of a State Scenic Highway would be altered as part of the project. The nearest eligible State Scenic Highway, I-280, is approximately 0.8 miles north of the project site, with urban development between. The project site is not visible from I-280. Additionally, the project site and surrounding area is already developed, and therefore the proposed project would not alter scenic resources. Therefore, no scenic resources within view of a State Scenic Highway would be altered as part of the project. 4.5 CEQA GUIDELINES SECTION 15300.2(E): HAZARDOUS WASTE SITES A categorical exemption shall not be used for a project on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code. 176 PC 12-12-2023 176 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 4. Exceptions June 2023 Page 53 California Government Code Section 65962.5 requires the California Environmental Protection Agency (CalEPA) to compile, maintain, and update specified lists of hazardous material release sites. CEQA 50 requires the lead agency to consult the lists compiled pursuant to Government Code Section 65962.5 to determine whether a project and any alternatives are identified. The required lists of hazardous material release sites are commonly referred to as the “Cortese List” named after the legislator who authored the legislation. Because the statute was enacted more than 20 years ago, some of the provisions refer to agency activities that were conducted many years ago and are no longer being implemented and, in some cases the information required in the Cortese List does not exist. Those requesting a copy of the Cortese Lists are now referred directly to the appropriate information resources contained on internet websites hosted by the boards or departments referenced in the statute, including California Department of Toxic Substance Control’s (DTSC ’s) online EnviroStor database and the State Water Resources Control Board’s (SWRCB’s) online GeoTracker database. These two databases include hazardous material release sites, along with other categories of sites or facilities specific to each agency’s jurisdiction. A search of these online databases found the project site is not on any list pursuant to Section 65962.5 of the Government Code or any other list compiled for purposes related to identifying the prior release of hazardous materials.51,52 The project site currently supports residential uses. Therefore, the exception under CEQA Guidelines Section 15300.2(e) does not apply to the proposed project. 4.6 CEQA GUIDELINES SECTION 15300.2(F): HISTORICAL RESOURCES A categorical exemption shall not be used for a project that may cause a substantial adverse change in the significance of a historical resource. No historic resources exist in the vicinity of the project site. There is also no known sensitivity for archaeological or paleontological resources on the site. However, the site may contain previously unknown subsurface archaeological and paleontological deposits. The proposed project would comply with Land Use and Community Design Element Policy 2-72 in the General Plan, which requires compliance with City, State, and federal historic preservation laws, regulations, and codes, including laws related to archaeological resources. In particular, the proposed project would be required to comply with CEQA Guidelines Section 15064.5(e), which specifies procedures to be used in the event of a discovery of Native American human remains on non-federal land. CMC Chapter 17.04, Standard Environmental Protection Requirements, contains cultural resources permit requirements that are necessary to protect archaeological resources and tribal cultural resources in Section 17.04.050(E), Cultural Resources Permit Requirements. Such 50 California Public Resources Code Section 21092.6. 51 California Department of Toxic Substances Control. EnviroStor online database, https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=10040+bianchi+way, accessed August 23, 2022. 52 California State Water Resources Control Board. GeoTracker online database, https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=10040+bianchi+way, accessed August 23, 2022. 177 PC 12-12-2023 177 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 4. Exceptions Page 54 PlaceWorks requirements include providing written verification to the City that contractors and construction crews have been notified of basic archeological site indicators, the potential the potential for discovery of archaeological resources, laws pertaining to these resources, and procedures for protecting cultural and tribal cultural resources. The project applicant would be required to comply with the protocols to ensure impacts to archeological resources would be reduced. Additionally, CMC Section 17.04.050(H), Paleontological Resources Permit Requirements, provides protocols to protect paleontological resources during construction that the project applicant must adhere to in the event that there is a find. These requirements include temporarily halting or redirecting construction activities to allow a qualified paleontologist to assess the significance of the find, monitoring the project site if the find is found to be significant, and preparing a mitigation plan to ensure the preservation of the resources. With mandatory compliance with CMC Section 14.04.050(E) and Section 17.04.050(H), impacts to unknown archaeological and paleontological resources would be less than significant. 178 PC 12-12-2023 178 of 240 Page 55 PlaceWorks 5. Conclusion As discussed in Chapter 3, Exemption, of this document, the proposed project meets the criteria for categorically exempt in-fill development projects in CEQA Guidelines Section 15332 and because, as discussed previously, none of the exceptions to the categorical exemptions in CEQA Guidelines Section 15300.2 apply, and it would not have a significant effect on the environment pursuant to CEQA, this analysis finds that a Notice of Exemption is appropriate for the proposed project. 179 PC 12-12-2023 179 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 5. Conclusion Page 56 PlaceWorks This page has been intentionally left blank. 180 PC 12-12-2023 180 of 240 Page 57 PlaceWorks 6.List of Preparers CITY OF CUPERTINO Luke Connolly, Assistant Director of Community Development Piu Ghosh, Planning Manager Danielle Condit, Associate Planner, Project Manager PLACEWORKS Terri McCracken, Associate Principal Jacqueline Protsman Rohr, Project Manager Nicole Vermillion, Principal, Air Quality and Greenhouse Gas Emissions Lance Park, Senior Associate, Air Quality and Greenhouse Gas Emissions Tony Chung, Principal, Noise Vivian Kha, Associate Rachel Goren, Project Planner 181 PC 12-12-2023 181 of 240 LEON TOWNHOMES DEVELOPMENT CEQA EXEMPTION CITY OF CUPERTINO 6. 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I C) � PARKING co I r-���--------- MBR 1 MBR 1 kff"'-++++�n MBR 1 n MBR 1 n �SITE PLAN 12'-0" & ffi 0 I r---0 1 /8" = 1 '-0" ADJACENT CHURCH PARKING LEON TOWNHOUSE PROPERTY ADDRESS : ZONING : DESIGNATED LAND USE: SPECIAL ZONE LOT AREA DENSITY MAX ALLOWED UNIT PROPOSED: OCCUPANCY: TYPE OF CONSTRUCTION: SPRINKLER SYSTEM: PROJECT FUNDING: MAXIMUM HEIGHT STORY: SETBACKS 10046 BIANCHI WAY, CUPERTINO CA, 95014 P (CG, RES) RESIDENTIAL HEART OF CITY (CROSSROADS AREA) 14,975 SF ( 0.343 AC) 25 UNITS/ AC (HEART OF CITY) 8.57 UNITS (7)NEW TOWNHOUSE UNITS OK R-2 V-B YES (NFPA 13 ) PRIVATE 45' FRONT: BACK SIDE: PROVIDED: 30'-0" OK 6' (AFTER DEDIC TION) 12-0" 10'-0",...__-ffi & LOT COVERAGE: 6,358 SF (STRUCTURE) / 14,975 SF = 42.5% < 45% OK 6,912 SF (+BAL & OVERHANG) /14,975 SF= 46% < 50% OK UNIT INFORMATION 1ST 2ND 3RD TOTAL UNIT A-1 3BR+DEN 3.5B 400 823 844 2,067 SF UNIT A-2 3BR+DEN 3.5B 400 823 844 2,067 SF UNIT A-3 3BR+DEN 3.5B 400 823 844 2,067 SF UNIT A-4 3BR+DEN 3.5B 400 823 844 2,067 SF UNIT B-1 3BR+DEN 3.5B 410 808 856 2,074 SF UNIT B-2 3BR+DEN 3.5B 410 823 856 2,089 SF UNIT B-3 3BR+DEN 3.5B 410 823 856 2,089 SF TOTAL 14,520 SF PRIVATE OPEN SPACE / BAL. 2ND 3RD TOTAL UNIT A-1 BAL 80/150 58/98 138 SF> 60 SF UNIT A-2 BAL 69/126 58 127 SF> 60 SF UNIT A-3 BAL 69/126 58 127 SF> 60 SF UNIT A-4 BAL 69/126 60 129 SF> 60 SF UNIT B-1 BAL 80/188 58 138 SF> 60 SF UNIT B-2 BAL 80/142 58 138 SF> 60 SF UNIT B-3 BAL 90/152 60 150 SF> 60 SF TOTAL 947 SF OK PUBLIC OPEN SPACE REQ'D 150SF/ UNIT = (7) X 150 SF/ UNIT PROVIDE 1,050 SF (WAIVER) PARKING REQ'D: 2.8/DU ( 2 COVER + .8 OPEN ) 7 DU X (2) = (14) COVERED SPACES 7 DU X (.8) = (6) OPEN SPACES 20 SPACES PROVIDED: (14)COVERED SPACE TOTAL PROVIDED 14 SPACES (GC.65915 (P)) OK 2,103 SF fu LANDSCAPE HARDSCAPE AREA LANDSCAPE GREEN AREA: 2,667 SF /14,118 SF LOT AREA AFTER DEDICATION TOTAL LEGEND D D D D D D 4,770 SF PROPERTY LINE SETBACK OVERHANG ABOVE RESIDENTIAL UNIT PARKING CIRCULATION ENTRY LANDSCAPE GREEN AREA LANDSCAPE HARDSCAPE AREA SITE PLAN SCALE: 1 /8" = 1' a 5 10 20 3RD PLANNING SUBMITTAL DATE 8-08-23 Tectonic Architects & Associates 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 A1 .0 184 PC 12-12-2023 184 of 240 185 PC 12-12-2023 185 of 240 <N > E D G E O F C U R B ⅊ ⅊ ⅊ A AB-1 2,083 SF B-2 2,083 SF B-3 2,083 SF A-2 2,083 SF 4 BED 3.5 BATH A-1 2,083 SF A-3 2,083 SF A-4 2,083 SF B B I A N C H I W A Y 1ST FLR. 2ND FLR. 3RD FLR. PR O P E R T Y L I N E FR O N T S E T B A C K 8' D E D I C A T I O N T O P W . 1.5 TIMES THE HEIGHT OF THE BUILDING RE A R S E T B A C K R E Q ' D 1. 5 X 3 0 ' = 4 5 ' 2N D F L O O R 1. 5 X 1 9 ' = 2 8 . 5 ' 3R D F L O O R 1. 5 X 3 0 ' = 4 5 ' 1ST FLR. 2ND FLR. 3RD FLR. 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 8-08-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates 3RD PLANNING SUBMITTAL LEGEND A1.1 B I A N C H I W A Y 2 2nd FLOOR PLAN RE Q U I R E D RE A R S E T B A C K RE Q U I R E D RE A R S E T B A C K SIDE SETBACK 1/2 THE HEIGHT OF THE BUILDING 3R D F L O O R RE A R S E T B A C K FR O N T S E T B A C K SIDE SETBACK FR O N T S E T B A C K SIDE SETBACK 3 3RD FLOOR PLAN 1 1ST FLOOR PLAN 4 SECTION A - A REQUIRED SIDE SETBACK 1/2 THE HEIGHT OF THE BUILDING FR O N T S E T B A C K SETBACK ENCROACHMENT WAIVER DEMO SETBACK ENCROACHMENT SETBACK ENCROACHMENT SETBACK ENCROACHMENT REAR SETBACK ENCROACHMENT 6' F R O N T S E T B A C K 8' D E D I C A T I O N T O P W . 6' F R O N T S E T B A C K 8' D E D I C A T I O N T O P W . 6' F R O N T S E T B A C K 8' D E D I C A T I O N T O P W . BUILDING FORM §1.01.040.E .1.5 THE HEIGHT OF THE BUILDING ENCROACHMENT AREA (BUILDING FORM §1.01.040.E ) PROPERTY LINE SETBACK ENCROACHMENT AREA (SETBACK §1.01.030.C) 1. 5 X 3 0 ' = 4 5 ' 1. 5 X 1 9 ' = 2 8 . 5 ' BUILDING FORM §1.01.040.E .1.5 THE HEIGHT OF THE BUILDING 5 SECTION B - B (BUILDING FORM) TERRACING SIDE SETBACK ENCROACHMENT BUILDING FORM §1.01.040.E .1.5 THE HEIGHT OF THE BUILDING NOTES: SEE SHEET A0.0 FOR THE REQUEST WAVIER INFORMATION MATRIX 1/2 THE HEIGHT OF THE BUILDING REQUIRED SIDE SETBACK 1/2 THE HEIGHT OF THE BUILDING REQUIRED SIDE SETBACK WAIVER REQUESTED HOC §1.01.030.C.2 New development along developed or zoned residential properties—the rear setback shall be equal to one and one-half (1.5) times the height of the building with a minimum setback of 20 feet WAIVER REQUESTED HOC §1.01.040.E.2 Building forms shall be such that buildings adjacent to residentially developed parcels shall be stepped back or terraced or have adequate setback so that privacy is maintained. Buildings requiring terracing shall have a 1.5:1 setback to height ratio. ENCROACHMENT AREA (CMC 19.36.070) 18 6 PC 12-12-2023 186 of 240 NOTE: (PER HEART OF THE CITY SPECIFIC PLAN) COMMON USABLE OUTDOOR SPACE SHALL BE PROVIDED EXCLUDES REQUIRED SETBACK AREAS FIRE ACCESS NO PARKING FIRE ACCESS NO PARKING B-1 B-2 B-3 A-2 A-1 A-3 A-4 COMMON OPEN SPACE - HEART OF CITY REQ'D: 150 SF/DU 7 DU X 150 SF/ DU = 1,050SF REQ'D PROVIDED: NONE (COMMON SPACE CAN'T BE IN SETBACK AREA) WAIVER B-1 B-2 B-3 A-2 A-1 A-3 PARKING - CMC 19.124 REQ'D: 2.8/DU ( 2 COVER + .8 OPEN ) 7 DU X (2) = (14) COVERED SPACES 7 DU X (.8) = (6) OPEN SPACES TOTAL: (20) SPACES REQUIRED PROVIDED: (14) COVERED SPACE FIRE ACCESS NO PARKING FIRE ACCESS NO PARKING A-4 N 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 8-08-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates 3RD PLANNING SUBMITTAL A1.2 1 COMMON OPEN SPACE WAIVER & PARKING REDUCTION SITE PLAN COMMON OPEN SPACE WAIVER PROPERTY LINE SETBACK LEGEND EXCLUDING AREA (AREA CANNOT BE USED AS OPEN SPACE) RE A R S E T B A C K SIDE SETBACK FR O N T S E T B A C K SIDE SETBACK PARKING REDUCTION PROPERTY LINE SETBACK LEGEND COVERED PARKING ( PROVIDED) UNCOVERED PARKING PER CMC 19.124 2 SITE PLAN NOTES: SEE SHEET A0.0 FOR THE REQUEST WAVIER INFORMATION MATRIX NOTES: SEE SHEET A0.0 FOR THE REQUEST WAVIER INFORMATION MATRIX PARKING - REDUCTION Density Bonus Government Code 65915(p) REQ'D: (1.5) SPACES PER UNIT TOTAL: (11) SPACES REQUIRED PROVIDED:(14) COVERED SPACE REQ'D: 2.8/DU ( 2 COVER + .8 OPEN ) 7 DU X (2) = (14) COVERED SPACES 7 DU X (.8) = (6) OPEN SPACES PROVIDED: (14) COVERED SPACE 18 7 PC 12-12-2023 187 of 240 ⅊ ⅊ ⅊ B-1 2,083 SF B-2 2,083 SF B-3 2,083 SF A-2 2,083 SF A-1 2,083 SF A-3 2,083 SF A-4 2,083 SF (E) TREE #9 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 8-08-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates 3RD PLANNING SUBMITTAL PROPERTY LINE LEGEND A1.3 B I A N C H I W A Y 1 SITE PLAN TREE REMOVAL WAIVER/CONCESSION DEMO TREE REMOVAL WAIVER DEMO NOTES: SEE ARBORIST REPORT FOR MORE DETAIL & PICTURES AFFECTED UNIT EXCAVATION AREA AFFECTED WITHIN 7' OF TREE TRUNK EXCAVATION AREA AFFECTED WITHIN 17' OF (SRZ) STRUCTURAL ROOT ZONE EXCAVATION AREA AFFECTED WITHIN 38'-6" OF (CRZ) CRITICAL ROOT ZONE 18 8 PC 12-12-2023 188 of 240 > <( I (_) z <( LEON TOWNHOUSE r 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA l-lh-1-----1----1 I � t # • 1,: I .... • • ' • I I ••' < 1---=11=-+-----l \ I I a 8-0�L- CIC) $· 410SF -N N MBR 1 �IN MBR1f 410SF MBR 1 HIGLE CCESS B-3 2,089 SF (2)CAR GARAGE B-2 ffi- B-1 2,074 SF (2)CAR GARAGE CJ 139'-11�" ,- A-1 2,067 SF (2) CAR GARAGE A-2 2,067 SF C) C) I (2)CAR GARAGE'o -� N N & 2 4' -4" A-3 2,067 SF (2)CAR GARAGE 0 A-4 2,067 SF (2)CAR GARAGE '------ BR ' n f{ MBR 1 400SF r MBR 1 . ' _,.q ·l<( ' "r4,-, 400SF " ·'����. ('>..--• ·�.!" . . . .' . , .. � FIRST FLOOR PLAN I , 1/n ':: I C) � ffi 1 /8" = 1 '-0" 2 rT------------=------ 2ND FLOOR L...I==.,,;;:., ,•F l_i---------------------. (STRUCTURE + BAL.+ OVERHANG): 6,912 SF 1STFLOOR (STRUCTURE ONLY): 6,358 SF LOT COVERAGE OUTLINE UNIT SF INFORMATION 1ST 2ND 3RD TOTAL UNIT A-1 UNIT A-2 UNIT A-3 UNIT A-4 UNIT B-1 UNIT B-2 UNIT B-3 TOTAL LEGEND @ D 3BR+DEN 3.5B 400 823 844 3BR+DEN 3.5B 400 823 844 3BR+DEN 3.5B 400 823 844 3BR+DEN 3.5B 400 823 844 3BR+DEN 3.5B 410 808 856 3BR+DEN 3.5B 410 823 856 3BR+DEN 3.5B 410 823 856 PROPERTY LINE SETBACK ENTRY PARKING 2,067 SF 2,067 SF 2,067 SF 2,067 SF 2,074 SF 2,089 SF 2,089 SF 14 520 SF FIRST FLOOR SCALE: 1 /8" = 1' 0 5 10 20 3RD PLANNING SUBMITTAL ffi DATE 8-08-23Tectonic Architects & Associates 10118 Bandley Dr. #E A2 Q Cupertino, CA 95014 408-216-0804 ■ 189 PC 12-12-2023 189 of 240 190 PC 12-12-2023 190 of 240 191 PC 12-12-2023 191 of 240 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 8-08-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates 3RD PLANNING SUBMITTAL N ROOF PLAN SCALE: 1/8" = 1' A2.3 0 20105 1 1 /8" = 1'-0" ROOF PLAN SIDE SETBACK SIDE SETBACK B-1 B-2 B-3 A-2 A-1 A-3 A-4 1/8" :1' SLOPE TO DRAIN TYP. SINGLE PLY COOL ROOF TYP. 1/8" :1' SLOPE TO DRAIN TYP.AC TYP. 1/8" :1' SLOPE TO DRAIN TYP. SINGLE PLY COOL ROOF TYP. 1/8" :1' SLOPE TO DRAIN TYP. AC TYP. CNPY. TYP. 6' F R O N T S E T B A C K 8' D E D I C A T I O N T O P W . PROPERTY LINE SETBACK LEGEND 2'H PARAPET A/C UNIT CANOPY BA C K S E T B A C K 19 2 PC 12-12-2023 192 of 240 BA C K S E T B A C K <N > E D G E O F C U R B 150' FIRE APPARATUS ACCESS <N > S I D E W A L K B-1 2,074 SF B-2 2,089 SF B-3 2,089 SF A-2 2,067 SF A-1 2,067 SF A-3 2,067 SF A-4 2,067 SF BA C K S E T B A C K MBR 1 MBR 1 MBR 1 MBR 1 MBR 1 MBR 1 GRD GRD GRD GRD GRD GRD GRD GRD GRD GRD GRD GRD GRD GRD 150' FIRE APPARATUS ACCESS LIVING ROOM BEDROOM BEDROOM 9' F R O N T S E T B A C K 8' D E D I C A T I O N 1ST FLR. 2ND FLR. 3RD FLR. PR O P E R T Y L I N E BEDROOM BEDROOM KITCHEN KITCHEN GARAGE GARAGE 1ST FLR. 2ND FLR. 3RD FLR. N 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 8-08-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates 3RD PLANNING SUBMITTAL FIRE PLAN SCALE: 1/8" = 1' 150' APPARATUS ACCESS FIRE APPARATUS TURNAROUND PROPERTY LINE SETBACK FIRE TRUCK ACCESS LEGEND A2.5 B I A N C H I W A Y 0 20105 FIRE LADDER PAD 1 1 /8" = 1'-0" FIRE ACCESS / LADDER PAD GRD 2 1 /8" = 1'-0" LADDER PAD SECTION TYP. 3 1 /8" = 1'-0" LADDER PAD SECTION TYP.TURNAROUND SANTA CLARA COUNTY FIRE DEPARTMENT STANDARD DETAIL TURNAROUND B > 150' OK FIRE NOTES: SEE SHEET A0.0 FDC PIV 19 3 PC 12-12-2023 193 of 240 N 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 8-08-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates 3RD PLANNING SUBMITTAL SCALE: 1/8" = 1' BMR UNIT PROPERTY LINE SETBACK LEGEND A3.0 0 20105 1 1 /8" = 1'-0" AFFORDABLE UNIT PLAN AFFORDABLE UNIT SUMMARY TABLE AFFORDABLE UNIT PLAN B I A N C H I W A Y 9' F R O N T S E T B A C K PEDESTRIAN ACCESS VEHICLE ACCESS PROPERTY LINE PROPERTY LINE B-1 2,074 SF B-2 2,089 SF B-3 2,089 SF 3 BED+ 1 DEN 3.5 BATH A-2 2,067 SF A-1 2,067 SF A-3 2,067 SF A-4 2,067 SF 3 BED+ 1 DEN 3.5 BATH 3 BED+ 1 DEN 3.5 BATH 3 BED+ 1 DEN 3.5 BATH 3 BED+ 1 DEN 3.5 BATH 3 BED+ 1 DEN 3.5 BATH 3 BED+ 1 DEN 3.5 BATH MBR 1 MBR 1 MBR 1 MBR 1 MBR 1 MBR 1 MBR 1 ART WORK DENSITY:25 UNITS/ AC MAX ALLOWED UNIT:8.57 = 9 MARKET RATE UNIT (6) MEDIAN-INCOME UNIT (BMR):(1) PROPOSED DENSITY %:14.3% TOTAL UNIT:(7) NOTE: INTERIOR FEATURES AND FINISHES IN AFFORDABLE UNITS SHALL BE DURABLE, OF GOOD QUALITY AND CONSISTENT WITH CONTEMPORARY STANDARD FOR NEW HOUSING. 19 4 PC 12-12-2023 194 of 240 LIVING ROOM BEDROOM BEDROOM DEN M. BATH KITCHEN KITCHEN LIVING ROOM BEDROOM BEDROOM GARAGE GARAGE 9' F R O N T S E T B A C K 8' D E D I C A T I O N B I A N C H I W A Y 1ST FLR. 2ND FLR. 3RD FLR. PR O P E R T Y L I N E 15 ' R E A R S E T B A C K PR O P E R T Y L I N E B I A N C H I W A Y PR O P E R T Y L I N E SI D E S E T B A C K PR O P E R T Y L I N E SI D E S E T B A C K BEDROOM LIVING ROOM BATHROOM BEDROOM LIVING ROOM BATHROOM BEDROOM LIVING ROOM BATHROOM DRIVEWAY PEDESTRIAN WALKWAY 1ST FLR. 2ND FLR. 3RD FLR. 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 4-12-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates 2ND PLANNING SUBMITTAL SECTIONS SCALE: 1/8" = 1' BI A N C H I S T . A4.0 1 1 /8" = 1'-0" LONGITUDINAL SECTION 2 1 /8" = 1'-0" CROSS SECTION 1 2 6'H WOOD FENCE WITH MTL POST AND HORIZONTAL PANEL 6'H WOOD FENCE WITH MTL POST AND HORIZONTAL PANEL HALLBATHBATH 19 5 PC 12-12-2023 195 of 240 � � � � � � EL: 27'-8" ROOF DECK T.O.DECK EL: 18'-8" 3RD_FL _Ofl A.F.F. ..--- 0) I 0) N EL: 9'-0" 2ND FLOOR A.F.F. +o'-o"•1 ST FLOO268.55' GRADE EL: 27'-8" ROOF DECK T.O.DECK EL: 18'-8" 3RD A.F.F. 0 ..---I 0) N EL: 9'-0" 2ND OR A.F.F. +o'-0"•1 ST FLOO -- CXJ I - 0) N CXJ I 0) N /�_ 0 I 0) - ffi 0 I 0) 68.45' GRAI" _ _. LEON TOWNHOlJS 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA w z ...J �I C::: I w 0 I --------.-----,----,------,----,---,-------------- -------- 1 __ _ 1 BIANCHI ST. ELEVATION WEST / STREET ELEVATION DRIVEWAY W I ZI ...J DRIVEWAY I- G)� <{ CD -- llli . �r ,_. r � r \(-· i ri ¥..._.,.1 <? � w z ...J I �I c::: w a.. 0 c::: a.. I I r .-. ELEVATIONS SCALE: 1 /4" = 1' ��ANNING SUBMITTAL 4-12-23 Tectonic Architects & Associates 10118 Bandley Dr. #E AS QCupertino, CA 95014 408-216-0804 • 196 PC 12-12-2023 196 of 240 � EL: 27'-8" ROOF DECK T.O.DECK � EL: 18'-8" 3RD OOR A.F.F. co LD ..--I 0) N � EL: 9'-0" 2ND FLOO A.F.F. �+_0'-=+-'-'=-"-26s,.,__,_.4�s· 1 ST FLOOR � � � 268.25' GRADE EL: 27'-8" ROOF DECK T.O.DECK EL: 18'-8" 3RD A.F.F. co t0 0 ..--I 0) N EL: 9'-0" 2ND A.F.F. - 0 I -0) co I - 0) I N IW 13 >-I-0:::: ,a.. I 0:::: a.. fu 0 I 0) co I- N 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA • 1 INTERIOR ALLEY ELEVATION EAST ELEVATION 1 /4" = 1'-0" ....,. I-J ,_. n-I <{ 'f...__1-i <? =l> BACK ELEVATION 1 /4" = 1'-0" G) ELEVATIONS . SCALE: 1 /4" = 1' 7 :,c • 2ND PLANNING SUBMITTAL DATE 4-12-23Tectonic Architects & Associates 10118 Bandley Dr. #E AS 1 Cupertino, CA 95014 408-216-0804 • 197 PC 12-12-2023 197 of 240 198 PC 12-12-2023 198 of 240 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 4-12-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates 2ND PLANNING SUBMITTAL SCALE: NTS A5.3 BI A N C H I S T . 1 1 BIANCHI ST. ELEVATION NEIGHBOR CONTEXT WEST / STREET ELEVATION ADJACENT CARPORT ADJACENT HOUSINGADJACENT COMMERCIAL PROPOSED PROJECT 2 AERIAL MAP ADJACENT CARPORT ADJACENT HOUSINGADJACENT COMMERCIAL STREET CONTEXT ELEVATIONS 19 9 PC 12-12-2023 199 of 240 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 4-12-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates A6.0 1 BIANCHI ST. ELEVATION WEST / STREET ELEVATION 2 ALLEY ELEVATION 1 /8" = 1'-0" 3 BACK ELEVATION EAST ELEVATION 4 INTERIOR ALLEY ELEVATION 5 NORTH ELEVATION SIDE ELEVATION 6 SOUTH ELEVATION SIDE / DRIVEWAY ELEVATION BI A N C H I S T . 21 3 4 6 6 FACADE BIRD SAFE DIGRAM 2ND PLANNING SUBMITTAL 1 /8" = 1'-0" 1 /8" = 1'-0" 1 /8" = 1'-0" 1 /8" = 1'-0"1 /8" = 1'-0" UNTREATED GLASS / GROUND TO 60' FACADE OUTLINE LEGEND FACADE AREA SF: 2,007 SF UNTREATED GLASS SF:200 SF % OF UNTREATED SF :9.9% < 10% OK FACADE AREA SF: 2,582 SF UNTREATED GLASS SF:255 SF % OF UNTREATED SF :9.9% < 10% OK FACADE AREA SF: 2,023 SF UNTREATED GLASS SF:201 SF % OF UNTREATED SF :9.9% < 10% OK FACADE AREA SF: 2,561 SF UNTREATED GLASS SF:252 SF % OF UNTREATED SF :9.8% < 10% OK FACADE AREA SF: 2,549 SF UNTREATED GLASS SF:176 SF % OF UNTREATED SF :6.9% < 10% OK FACADE AREA SF: 2,526 SF UNTREATED GLASS SF:173 SF % OF UNTREATED SF :6.8% < 10% OK 5' RECESSED, TYP. PERFORATED SHEET TYP. 5' RECESSED, TYP. PERFORATED SHEET TYP. 5' RECESSED, TYP. PERFORATED SHEET TYP. 5' RECESSED, TYP. TREATED GLASS, OPAQUE, TINTED PER CITY19.102.030 BIRD-SAFE REQUIREMETS 20 0 PC 12-12-2023 200 of 240 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 4-12-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates 2ND PLANNING SUBMITTAL A7.0 1 2 BI A N C H I S T . 21 3 4 6 6 COLOR & MATERIALS 5 MATERIAL LIST A: OFF WHITE B: OLIVE GREEN C: LIGHT GRAY D: DARK GRAY F: BLACK PAINT COLOR STUCCO - PAINTED STONE 1 - CORONADO ELEMENT LEDGSTONE OR EQ. STONE TILE 2 - CORONADO BLACK FOREST OR EQ. FIBER CEMENT SIDING - REDWOOD METAL FRAME C-CHANNEL AWING VINYL WINDOW GLASS RAILINGS PERFORATED METAL RAILING GARAGE DOOR - METAL / FIBER GLASS PAINTED ALUMINUM REVEAL TRIM 1 2 3 4 5 6 7 8 9 10 FIBER CEMENT PANEL GLASS RAILING, W/ METAL POST STEEL RAILINGS, W/ PERFORATED PANEL PAINTED STONE 1 SIMILARC-CHANNEL AWNING 6 3 4 E: DARK BROWN THIS MODERN DESIGN IS UTILIZING THE VERTICAL VOLUME AND THE HORIZONTAL ELEMENT TO EMPHASIZED INDIVIDUALITY AT THE SAME TIME BALANCING THE BUILDING MASS TO ACHIEVE BREAKING DOWN THE BIG BOX. THE PROPOSED WINDOW, DOOR, FRAMES, COLOR AND MATERIAL ARE TO FOLLOW AND ENHANCE THIS MODERN LANGUAGE DESIGN NARRATIVE 20 1 PC 12-12-2023 201 of 240 NTRASH PLAN SCALE: 1/8" = 1' A8.0 B I A N C H I W A Y 0 2010511 /8" = 1'-0" TRASH SITE PLAN LEON TOWNHOUSE PROPERTY ADDRESS : 10046 BIANCHI WAY, CUPERTINO CA, 95014 ZONING : P (CG, RES) SPECIAL ZONE:HEART OF CITY LOT AREA:14,975 SF ( 0.343 AC) DENSITY:25 UNITS/ AC (HEART OF CITY) MAX ALLOWED UNIT: 8.57 UNITS PROPOSED:(7) NEW TOWNHOUSE UNITS OK OCCUPANCY:R-2 TYPE OF CONSTRUCTION: V-B SPRINKLER SYSTEM: YES (NFPA 13 ) PROJECT FUNDING: PRIVATE UNIT INFORMATION 1ST 2ND 3RD TOTAL UNIT A-1 3BR+DEN 3.5B 400 823 844 2,067 SF UNIT A-2 3BR+DEN 3.5B 400 823 844 2,067 SF UNIT A-3 3BR+DEN 3.5B 400 823 844 2,067 SF UNIT A-4 3BR+DEN 3.5B 400 823 844 2,067 SF UNIT B-1 3BR+DEN 3.5B 410 808 856 2,074 SF UNIT B-2 3BR+DEN 3.5B 410 823 856 2,089 SF UNIT B-3 3BR+DEN 3.5B 410 823 856 2,089 SF TOTAL 14,520 SF VEHICLE ACCESS B-1 2,074 SF B-2 2,089 SF B-3 2,089 SF 3 BED+ 1 DEN 3.5 BATH A-2 2,067 SF A-1 2,067 SF A-3 2,067 SF A-4 2,067 SF 3 BED+ 1 DEN 3.5 BATH 3 BED+ 1 DEN 3.5 BATH 3 BED+ 1 DEN 3.5 BATH 3 BED+ 1 DEN 3.5 BATH 3 BED+ 1 DEN 3.5 BATH 3 BED+ 1 DEN 3.5 BATH 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 8-08-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates 3RD PLANNING SUBMITTAL GARBAGE TRUCK TRASH BIN COLLECTION AREA (MAX CONDITION) CU R B (7) TOWNHOUSE UNITS PROPERTY LINE SETBACK LEGEND TRASH BIN TY P . 20 2 PC 12-12-2023 202 of 240 FIRE ACCESS NO PARKING FIRE ACCESS NO PARKING N PROPERTY LINE SETBACK LEGEND A9.0 B I A N C H I W A Y 1 1 /8" = 1'-0" SITE LIGHTING PLAN <N > E D G E O F C U R B VEHICLE ACCESS <N > S I D E W A L K B-1 B-2 B-3 A-2 A-1 A-3 A-4 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 8-08-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates 3RD PLANNING SUBMITTAL SITE LIGHTING PLAN LIGHTING SCHEDULE CALLOUT SYMBOL MODEL QUANTITY Lithonia Lighting, KBA8 LED, OR EQ. 19 WALL MOUNTED LED ENTRY CYLINDER LICHLER Lighting, 11310BKT LED, OR EQ. 7 WALL MOUNTED LED LIGHT WPX0 Lithonia Lighting, WPX0 LED ALO OR EQ. 21 BALLARD LED POST LIGHTING NOTES: AUTOMATED CONTROL SYSTEMS, SUCH AS MOTION SENSORS AND TIMERS, SHALL BE USED TO MEET THE OUTDOOR LIGHTING REQUIREMENTS. a. PHOTOCELLS OR PHOTOCONTROLS SHALL BE USED TO EXTINGUISH ALL OUTDOOR LIGHTING AUTOMATICALLY WHEN SUFFICIENT DAYLIGHT IS AVAILABLE. b. ALL LIGHTING ACTIVATED BY MOTION SENSORS SHALL EXTINGUISH NO MORE THAN 10 MINUTES AFTER ACTIVATION. c. AUTOMATED CONTROLS SHALL BE FULL PROGRAMMABLE AND SUPPORTED BY BATTERY OR SIMILAR BACKUP. SECURITY LIGHTING MAY BE PROVIDED WHEN NECESSARY TO PROTECT PERSONS AND PROPERTY. WHEN SECURITY LIGHTING IS UTILIZED ONLY THE FOLLOWING STANDARDS SHALL APPLY: a. SECURITY LIGHTING SHALL BE CONTROLLED BY A PROGRAMMABLE MOTION-SENSOR DEVICE, EXCEPT WHERE CONTINUOUS LIGHTING IS REQUIRED BY THE CALIFORNIA BUILDING CODE. ALL LIGHTING ACTIVATED BY MOTION SENSORS SHALL EXTINGUISH NO MORE THAN 10 MINUTES AFTER ACTIVATION. AUTOMATED CONTROLS SHALL BE FULLY PROGRAMMABLE AND SUPPORTED BY BATTERY OR SIMILAR BACKUP. b. SECURITY LIGHTING SHALL BE DOWNWARD DIRECTED, SHIELDED, AND NOT BE MOUNTED AT A HEIGHT THAT EXCEEDS 12 FEET, MEASURED FROM THE ADJACENT GRADE TO THE BOTTOM OF THE FIXTURE. A. FLOODLIGHTS SHALL NOT BE PERMITTED. c. SECURITY LIGHTS INTENDED TO ILLUMINATE A PERIMETER, SUCH AS A FENCE LINE, ARE PERMITTED ONLY IF SUCH LIGHTS DO NOT RESULT IN LIGHT TRESPASS. E. MOTION-ACTIVATED SECURITY LIGHTS SHALL NOT USE LAMPS THAT EXCEED 100 WATT INCANDESCENT BULB OR LED EQUIVALENT, OR A MAXIMUM OF 1,600 LUMENS (WHICHEVER IS LESS). 6'H FENCE TYP. 6'H FENCE TYP. 20 3 PC 12-12-2023 203 of 240 10046 BIANCHI WAY, CUPERTINO, CALIFORNIA 4-12-23 10118 Bandley Dr. #E Cupertino, CA 95014 408-216-0804 DATELEON TOWNHOUSE Tectonic Architects & Associates 2ND PLANNING SUBMITTAL STREET PERSPECTIVE 1 BIANCHI STREET PERSPECTIVE A10.0 20 4 PC 12-12-2023 204 of 240 DEMOLITION PLAN 20 5 PC 12-12-2023 205 of 240 ELEVATIONS GRADING PLAN: 20 6 PC 12-12-2023 206 of 240 UTILITY PLAN: 20 7 PC 12-12-2023 207 of 240 PROFILES UTILITY PLAN: 20 8 PC 12-12-2023 208 of 240 CANOPY, PERFORATED, SUNSHADE, TYP. SOLID CANOPY, NO GUTTER SHEET FLOW OUT TYP. SOLID CANOPY, NO GUTTER SHEET FLOW OUT TYP. TREATMENT PLAN STORMWATER 20 9 PC 12-12-2023 209 of 240 CONTROL PLAN EROSION 21 0 PC 12-12-2023 210 of 240 PL-ANf L-1::Cil::NI? ANI? NOfl::5 5ymbol 5pecle5 51ze Wat.er WU::Ol.-5 � Carex d1wlsa@ 24'' oc � Ciaza11a Mlt!luwa Yello.v @ 24" oc � JLr1� p�@ 24'' oc1 1 L-omancra i::verqreen �abti @ 24" oc111111111 feucrum prowata@ 18" oc111111111 frachel05perurn jasmlno�e5 @ 24'' oc A C f H fl 5alvla 5mta �a-bar.a L-omancra �reeze 1?1ete5 veqeta/ f ortn1qht. L-1l4 An�Red/�ooPaw Pn.n.15 carolla1a Compact.a/ L-arel Cluidropetalum tect:aum/ Cape � Phorm1L111 Red l?waf / flax p tl;-l:05porum ten.rf ol lum Phol:.1n1a fra5erll ( 5creen� alon:::, e.im.erl4 border) P a-k.111%'111a aculeata/ Jeru5alem 1horn (l!?'-20' tall) l�llon lo.v ,!I l�llon lo.v ,!I l�llon lo.v ,!I l�llon lo.v ,!I l�llon lo.v ,!I l�llon med ,!? !? qallon lo.v .!I !? qallon lo.v ,!I !? qallon lo.v ,!I !? qallon lo.v ,!I I!? ctallon lo.v ,!) !? qallon lo.v ,!I !? qallon lo.v ,!I I!? ctailon lo.v .!I I!? �lion lo.v ,!I f2 Quer-ai5 druqla511/ �lue Oak. (�0'-40' tall) 24" boY-lo.v .!I Carrus rutt.all11 x Fltn:la/ 17a:iwood for 9treet. trees 24" box IGYi ( � I -!J!:i I tall) I) �a,dscape caitracta-to hale site soil nljZed with recornrnendal;ias for prepa-ation p-lor to pla,l;ft:1, 2) 1h;rrucf114 breal<JJp ha-dpa, a,d compacted soils c:w to ain,truc1;1a1, '!I) IIICGl"pO'"lt.e 4 Clf of compo,I; per IOCX) !f, 6" t1l:o native soil, uness otherw15e dictated btjso 1lsrepat, 4) 5pread '!I" of rBC1jded wood chip rrulch. bro.m +aie, after pl�. !:i) I hale �led with the alterla of the water efficient la,dscape ordl1a1c.e aid applied them for the eff1clent use of water h the � des1q1, NOT�5 I.:::.�OIJ.N Cf' ROOTBALL TO eE I' AOOvE•INISI-, c'.'..RADE. :1. FOR ADDITIOHAL INFCR1ATIO!s Rl:FE,t:1 r:, FL.:IMTING NOTE5 AND 5FE:;IFICATIONS. PREv.:i.lLING JJINDS ROOT3AL!. CD fRE:E: PL-AN11NCt II\ A &I-IAL.L.OIJ.! aAel-.J <' DEEP "-!,I e>HALL. 6E FOl<MED ARO.t-10 ROQTBALL BELOW FINIS.I c:':RAOE CD-Q) F:Hl&H O:.R40E Q)6AC<FILL IN ACCORDANCE IL'ln-1 PROJECT AGRICULTURAL a!ITA6U .. IT'T $OIL.& Fi:� @ �SAL.L w V 2 >< DIAMETE'-?: OF i:.:c::,r e.ALL. CiAZANIA JUNCU5 L-OMANl?RA -reUCRIUM fR,A.Q-f:L-05Pl::RUM 5/J...VIA L-OMANl?RA ANICiOZAN1H05 PRUNU5 CHONl?ROPl::f,AJ,..UM PHORMIUM Plff05PORUM PHOT1NIA PARKIN5C>NIA QUE:RCU5 CORNU5 1::Xl511NCi fRl::I:: CH.A.Rf 5ee arbor1!>1; report for complete evaluat;1on of -l:ree5,free �al Mltlgal;lon: #I free Number 1?1.ameter/ 5i,ecle5 #2 16'' 18'' Victorian Monterey Cypress Box #!) 20" fem Pine #4 18" fern Pine #!7 29.!?" �lack Walrut. #6 19'' Italian C4pre55 #1 I!?,!?" Holh-iwcnd ..lin1per #8 16 . !? Cil=4 Privet #9 !18.!?'' Co.a% L-1ve Oak. #IQ 19'' Common fl'! #II 14" Montere4 C4pre55 Remove Remove Remove Remove Remove Ne1'!hbor� tree/ protect Per-the report prepared bi,! the l?ave4 Resource liroup, project. arbor15ts, all �1%h::l trees ere t.o be remimd. �ased on protected size, permtt.s for re1111M:1I ere reqJlred for b-ee5 �� on the Replacemenl; free uuideline5 chat provided In 5ectla'I 14.18.160. the replacemenl; ral'.lo WQlld be e� ( 18) 24 • box -trees m:l one '!16 • box -tree or ten ( 10) '!16 • box trees, Hcmever, Due to both ob5ervational m:l scientific evidence that; the smalle,1; -tree plart&:.l Is the mo,!; hkel4 to be 51.1Cee55ful, the proJed .Anior-1,t; recommends usll'IC'I 24-inch be,,. trees a,slte, l7ue to the hiqh-dens� narure of the prQJect., no more -1;1,a, ten plriln'l5 of !>b-al'e'!icall4 selected d1rnate-adapted, �-compal;lble, native. aid r&;jlonal4 appropriate -trees ha.te been proposed. � 6 • CtOOI? NE: ICtHf?OR ff; NCE: 1/�11 -1•-011 ma PQ.1151"0 � _ _,, _ � L.l.l\ffl1. ,u. 011eR ma Net.ff15f0 � �110N te1«rlll!i:>W001?. !WfWORK aooo NeluH�OR feNce Af PROPeRlY L.1Ne5 --+I------- \ \ ' I I I I I I ' UP . -� I I I I I I I '-.. / 0 I I I I 'I' I' UP -·cs-1 I I I I I I I I I I I II '"-. "'· _ _,.,/ 0 \ I I I I I I I Jl"-<tt+-�"C.-i I I I I I e:!,f��I l�cycr:o=�--- �10 f IL.11::R/ PL.ANfeR ==="'!=;a fYPIC,AJ,, -----, ---."" I ' I \ I El-----------, r-- 1 I I I I -, I �--.JI I I I I I PlANfl NLl Pl AN 1/ 8 11 � I' -011 IIIIII r--.J L-1 IIIIIIIrJ I 7 IIIIIIIrJ I 7 IIIIII I rJ r------------------ ---7 I I r ,,-, ��r== I TTT I b-----------C-: II I C--..i4-t-+-� nI I I I I I 1 ' ----- �10 f IL. 11::R/ PL.ANfeR ··-\.. \ -fYPIC,AJ,, \ r .,,-1 I I I I n I I II I II I L.AN1?5CAPe 5CRE:eNINu r .,,-1 I TTT I I I I I I I I I I ' ' aooo Ne1a�OR feNce Af PROPeRlY L.1Ne5 . ·,. ----- ---<::_"-, __\ r .,,-1 I I I I I I I I I-"--I II I I I ' ' -11-H �10 RE:11:N110N ZONe � aooo Nela�OR feNce Af PROPeRlY L.1Ne5 fl I.S� ...... "'"" 2-t I.S W, Jeffre4 Heid L.andscape Arch ltect C-22�!? 146!:7 Wnzer Place Ci1lroq, CA, 9!:7020 tel 'I08 691-!7207 -,maj w�ida,laoqna1l ,can OWNERSHIP AND USE OF DRAVv1NGS All drawings, specificotlons and copies thereof furnished by W.Jeffrey Held Landscape Architect ore and shall remain itsproperty. They <ll'"e to be used only with respect to this Project and are not to be uaed on Ol"IY other project. Submission or distribution to meet official regulatory requlrem«1ts or for other purposes in connection with the Project le not to be construed as publication Inderogation of W. Jeffniy Heid Landscape Architect , common law, copyright or other reserved rights. L.E:ON f OvVNHOME:5 for: UN l�AIL--ROOAMCO-Vv't::5-rfll::L-I? CiROUP 10046 �IANCHI WAY Clf'l::�NO, CA. 9!:7014 PL.AN11 Net PL.AN dai:e:8/24/2:? scale:Nore!? dratm bt.i:WJH Job no.202187 sh,et;l I of 5ht;,.; Remove Remove Previou514 PrevlOU514 removed removed Remove PrevlOU514 removed 211 PC 12-12-2023 211 of 240 21 2 PC 12-12-2023 212 of 240 21 3 PC 12-12-2023 213 of 240 TOPOGRAPHIC SURVEY 21 4 PC 12-12-2023 214 of 240 21 5 PC 12-12-2023 215 of 240 21 6 PC 12-12-2023 216 of 240 21 7 PC 12-12-2023 217 of 240 CITY OF CUPERTINO Agenda Item 23-12845 Agenda Date: 12/12/2023 Agenda #: 3. Subject: Sign Exception to allow two wall signs for a single tenant (Shane Co) at an existing retail building (Application No(s): EXC-2022-004; Applicant(s): Kevin Tallman, Shane Co.; Location: 19900 Stevens Creek Blvd.; APN: 369-05-044) That the Planning Commission adopt the proposed draft resolution (Attachment A): 1. Finding the project exempt from CEQA; and 2. Approving a Sign Exception (EXC-2022-004) to allow a total of two wall signs. CITY OF CUPERTINO Printed on 12/7/2023Page 1 of 1 powered by Legistar™218 PC 12-12-2023 218 of 240 PLANNING COMMISSION STAFF REPORT Agenda Date: December 12, 2023 SUBJECT Sign Exception to allow two wall signs for a single tenant (Shane Co) at an existing retail building (Application No(s): EXC-2022-004; Applicant(s): Kevin Tallman, Shane Co.; Location: 19900 Stevens Creek Blvd.; APN: 369-05-044) RECOMMENDED ACTIONS That the Planning Commission adopt the proposed draft resolution (Attachment A): 1. Finding the project exempt from CEQA; and 2. Approving a Sign Exception (EXC-2022-004) to allow a total of two wall signs. DISCUSSION Project Data: General Plan Designation: Commercial / Office / Residential Special Area: Central Stevens Creek Sub-area of the Heart of the City Special Area Master Plan/Conceptual Plan Heart of the City Specific Plan Zoning Designation: P (CG, Res) Planned Development General Commercial, and Residential Intent Property Area: 83,766 sq. ft. Building Area: 28,813 sq. ft. Project Consistency with General Plan: Yes Zoning: Yes, with approval of exception Environmental Assessment: Categorically Exempt 219 PC 12-12-2023 219 of 240 Shane Co. December 12, 2023 EXC-2022-004 19900 Stevens Creek Blvd. Page 2 Background: The property is located south of Stevens Creek Blvd, between S. Blaney and S. Portal Avenues. The property is located within the Central Stevens Creek sub-area of the Heart of the City Special Area, which serves as the main commercial corridor in the City. The property is currently occupied by Keller Williams, Shane Co. Jewelers, and Dance Academy USA. The site is surrounded by other commercial and commercial office uses (Cort Furniture, Pacific Workplaces, Travigne retail) to the north, single family residences to the south, a condominium complex to the east, and commercial uses (formerly Arya Restaurant, a bank, and a gas station) to the west. Shane Co. currently has one wall sign and one ground sign as permitted by 19.104.140. They intend to engage in exterior improvements. After the improvements are completed, they will reinstall their existing wall sign. On September 28, 2023, at an Administrative Hearing, the Administrative Hearing Officer approved an Architectural and Site Approval (ASA-2023-004) for exterior improvements to the front and side facade of Shane Co. Application Request Kevin Tallman, representing Shane Co., is requesting a Sign Exception to allow two additional wall signs for a total of three where only one is allowed, for a single tenant (Shane Co) at an existing retail building. If granted, the total amount of signage would result in three wall signs and one space on an existing ground mounted sign. Analysis: Cupertino Municipal Code Findings The Cupertino Municipal Code includes ‘findings’ for approval of various permits necessary to approve the proposed project. These provide a framework for making Figure 1: Site aerial STEVENS CREEK BLVD BL A N E Y A V E N U E PO R T A L A V E N U E 220 PC 12-12-2023 220 of 240 Shane Co. December 12, 2023 EXC-2022-004 19900 Stevens Creek Blvd. Page 3 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 in rendering a decision whether to grant an exception on this project. Sign Exception (CMC 19.104.290) A. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title; CMC 19.104 Signs has allowances for multiple wall signs on the different facades. Allowing an exception for a single wall sign along the east façade is consistent with the spirit and intent of the Ordinance. However, allowing a third wall sign, combined with a ground sign, is far above the maximum number of signage facing a busy thoroughfare such as Stevens Creek Boulevard and would allocate multiple signage to a single business. This is contrary to the intent and purpose of this Chapter to provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping as well as quantity which will allow for good visibility for the public and the needs of the business. B. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; and The sizes and location of the signs will not result in situation that is materially detrimental to the public health, safety, or welfare to the community as the sizes of the signs and illumination of their internal lighting are well below the maximums standards ordained in the Municipal Code. C. That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. Allowing the two wall signs along the east façade is above the allowed number of wall signs. The exception would require a greater modification and variance to CMC 19.104 Signs than would typically be supported by staff. However, allowing a single wall sign along the east façade is within the limitations of the Municipal Code and is recommended to be approved by the Planning Commission. Sign Exception As signage details were excluded from the prior Planning Entitlement, Staff reviews signage proposals at the time the applicant applies for a sign permit. Currently, Shane Co. has one wall sign on the north façade facing Stevens Creek Boulevard, as well as signage on the building’s monument sign (see Figure 2). Figure 2 North (Stevens Creek Blvd) facade sign. 221 PC 12-12-2023 221 of 240 Shane Co. December 12, 2023 EXC-2022-004 19900 Stevens Creek Blvd. Page 4 The applicant is requesting a Sign Exception to allow three (3) wall signs where one (1) is permitted. The existing permitted sign is referenced as the “North Façade”. The two additional signs are identified as Location 1 and Location 2. Figures 2 & 3 illustrate the existing signage and the proposed locations of the two new signs respectively. Below in Table 1, the proposed signs are evaluated against the sign regulations for wall signs for commercial and industrial uses as ordained in CMC 19.104.140 Signs. Table 1 Summary of regulations as it relates to each sign. Permitted Proposed Wall Signs North Facade Location One Location Two Number of Wall Signs One sign per business with exterior frontage. One additional for: - Businesses with no ground sign and adjacent to more than one street or shopping center driveway. - Sign directed to interior of project and not visible from any public right- of-way. - Single tenant building pad with more than 5,000 s.f. Permitted Although adjacent to a shopping center driveway, the business is ordinarily not permitted to have a second wall sign since they are utilizing space on an existing ground sign and thus would need an exception. A single business is not permitted to have a third wall sign. The applicant is proposing that all the signs be individual channel letters, with a black steel face and internally illuminated with LED lighting, giving a halo appearance. All signs proposed are within the 250-foot lambert illumination limit in the Municipal Code. Please refer to Attachments 2&3 for Plan Set and Sign Presentation. The Municipal Code allows an additional wall sign for businesses in buildings that are adjacent to a driveway but do not have a ground sign. However, the applicant has a ground sign and thus requires an exception for a second wall sign. To support an exception to the sign ordinance, one of the findings that needs to be made is that the Location 1 Figure 3 East facade proposed signs. Location 2 222 PC 12-12-2023 222 of 240 Shane Co. December 12, 2023 EXC-2022-004 19900 Stevens Creek Blvd. Page 5 exception granted be one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. Staff recommends granting an exception allowing the first wall sign proposed along the east façade on the corner tower (Location 1 in Figure 3), as a minor deviation (exception) pursuant to CMC section 19.104.290, because it would not over burden the building with signage. However, Planning staff does not believe granting an exception for the second wall sign proposed on the east elevation (Location 2 in Figure 3) meets this finding because there is an existing ground sign and a wall sign at the North Façade already being used by the business and, if the wall signs at locations 1 and 2 are allowed as exceptions, would have a total of three wall signs located in prominent locations and one ground sign for signage. Allowing multiple wall signage along the east elevation is far above the allowed number of wall signs permitted for a single business and is contrary to the intent and purpose of CMC 19.104 Signs which seeks to provide architectural and aesthetic harmony of signs as they relate to building design and quantity to allow for good visibility for the public and the needs of the business. The sign would be located very far from the Stevens Creek Boulevard curb, would not face Stevens Creek Boulevard and would not add value in visibility of the business. Therefore, staff does not recommend allowing an exception for the second wall sign at Location 2 proposed on the east elevation. In conclusion, Staff recommends that the Planning Commission approves the sign exception allowing only one additional wall sign along the east façade. Environmental Review This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per Sections 15301: Existing Facilities PUBLIC NOTICING AND COMMUNITY OUTREACH The following table is a summary of the noticing done for this project: Notice of Public Hearing and Intent, Site Notice & Legal Ad Agenda Site Signage (10 days prior to the hearing) Legal ad placed in newspaper (at least 10 days prior to the hearing) 104 public hearing notices mailed to property owners within 300 feet of the project site (10 days prior to the 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 the hearing) 223 PC 12-12-2023 223 of 240 Shane Co. December 12, 2023 EXC-2022-004 19900 Stevens Creek Blvd. Page 6 No public comments have been received as of the date of production of this staff report (December 7, 2023). 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. Prepared by: Gian Paolo Martire, Senior Planner Reviewed by: Piu Ghosh, Planning Manager Approved by: Luke Connolly, Assistant Director of Community Development ATTACHMENTS: 1 – Draft Resolution for EXC-2022-004 2 – Plan Set 3 – Customer Sign Presentation 224 PC 12-12-2023 224 of 240 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION TO ALLOW AN ADDITIONAL WALL SIGN ALONG THE EAST FAÇADE AT AN EXISTING RETAIL BUILDING LOCATED AT 19900 STEVENS CREEK BOULEVARD SECTION I: PROJECT DESCRIPTION Application No.: EXC-2022-004 Applicant: Kevin Tallman, Shane Co. Location: 19900 Stevens Creek Blvd.; APN: 369-05-044 SECTION II: FINDINGS FOR A SIGN EXCEPTION: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Sign Exception (EXC-2022-004) to allow two additional wall signs for a single tenant (Shane Co) at an existing retail building; 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, 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: Existing Facilities for the reasons set forth in the staff report dated December 12, 2023 and incorporated herein; and WHEREAS, the applicant has met the burden of proof required to support said application with the modification of the scope to only allow for an additional wall sign along the east façade, as detailed in the Staff report; and 225 PC 12-12-2023 225 of 240 Resolution No. EXC-2022-004 December 12, 2023 Page - 2 - 1. That the literal enforcement of the provisions of the Sign Ordinance will result in restrictions inconsistent with the spirit and intent of the ordinance. CMC 19.104 Signs has allowances for multiple wall signs on the different facades. Allowing an exception for a single wall sign along the east façade is consistent with the spirit and intent of the Ordinance. However, allowing a third wall sign, combined with a ground sign, is far above the maximum number of signage facing a busy thoroughfare such as Stevens Creek Boulevard and would allocate multiple signage to a single business. The third sign proposed would be located very far from the Stevens Creek Boulevard curb line, would not face the street and would not add visibility to the business. This is contrary to the intent and purpose of this Chapter to provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping as well as quantity which will allow for good visibility for the public and the needs of the business. 2. That the granting of an exception will not result in a condition which is materially detrimental to the public health, safety, or welfare. The sizes and location of the signs will not result in situation that is materially detrimental to the public health, safety, or welfare to the community as the sizes of the signs and illumination of their internal lighting are well below the maximums standards ordained in the Municipal Code. 3. That the exception to be granted is one that will require the least modification of the prescribed design regulations and the minimum variance that will accomplish the purpose. Allowing the two wall signs along the east façade is above the allowed number of wall signs. The exception would require a greater modification and variance to CMC 19.104 Signs than would typically be supported by staff. However, allowing a single wall sign along the east façade is within the limitations of the Municipal Code and is recommended to be approved by the Planning Commission. 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: 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 is for allowing a wall sign to be freeway oriented. Therefore, the 226 PC 12-12-2023 226 of 240 Resolution No. EXC-2022-004 December 12, 2023 Page - 3 - 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. 2. Approves the application for a Sign Exception, Application no. EXC-2022-004 subject to the 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-2022-004 as set forth in the Minutes of Planning Commission Meeting of December 12, 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 dated May 10, 2023 entitled, “Shane Co. Exterior Improvements”, drawn by Stacy Hall, consisting of two (2) sheets labeled “A-1 and A-3”; except as may be amended by conditions in this resolution. 2. MODIFCATION OF SCOPE The Planning Commission at its hearing approved only one wall sign along the east façade. 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 inval idate this approval and may require additional review. 3. ILLUMINATION INTENSITY AND HOURS OF ILLUMINATION The intensity of all signs shall not exceed 250 foot-lamberts. All illuminated signs shall be turned off by 11:00 p.m. A letter from the business operator shall be provided prior to final building permit approval acknowledging this condition of approval and incorporated in the building permit plans. 4. LIGHTING INTENSITY ADJUSTMENT The City reserves the right to require the applicant to utilize dimming technology to adjust the lighting intensity of the sign when deemed necessary. 227 PC 12-12-2023 227 of 240 Resolution No. EXC-2022-004 December 12, 2023 Page - 4 - 5. SIGN PERMITS REQUIRED The applicant shall consult with the City’s Building Division to obtain the necessary sign permits for this project. 6. 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. 7. 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. 8. NOISE AND VIBRATION NOTICE At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall send notices of the 228 PC 12-12-2023 228 of 240 Resolution No. EXC-2022-004 December 12, 2023 Page - 5 - 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 mailing 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. 9. NOISE AND VIBRATION SIGNAGE 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. 10. 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 229 PC 12-12-2023 229 of 240 Resolution No. EXC-2022-004 December 12, 2023 Page - 6 - 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. 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. 11. 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 19.102.040 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. 12. 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 230 PC 12-12-2023 230 of 240 Resolution No. EXC-2022-004 December 12, 2023 Page - 7 - control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction. 13. INDEMNIFICATION As part of the application, to the fullest extent permitte d 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 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 attorn eys’ 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. 231 PC 12-12-2023 231 of 240 Resolution No. EXC-2022-004 December 12, 2023 Page - 8 - 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. PASSED AND ADOPTED this 12th day of December, 2023, at a regular Meeting of the Planning Commission Committee of the City of Cupertino, State of California, 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 232 PC 12-12-2023 232 of 240 CAPABLE EV CAPABLE EV CAPABLE EV CAPABLE EV CAPABLE EV CAPABLE EV S 0°13'00" E 372.28' N 0°13'00" W 372.28' S 89°36'00" W 224.96' N 89°36'00" E 224.96' PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE PARKING NO PARKING NO NO PARKING VANVAN Exception #8 of Prelim Title G A-3 2 A-3 4 A-3 3 A-3 1 A-1 2 ADJACENT TENANT SPACE S T E V E N S C R E E K B L V D . SHANE CO SUITE S2 S3S3 S3S3 S3S3 S3S3S3S3 S3S3 S3S3 S3 S3S3 S3S3 S3 S3S3 S6 S7 S7 S7 S7 S7 S7S7 S7S7S7S7 S7 S7 S7 S8 S8 S11S12 S13 S14 S15 S16 S16 S17 S18 S21 S22 S24 S24 S24 S24 S24 S26S26 S26S26 S31 S33S33 CLR. 4' - 3 " M I N . S19 S34 S35 S35 S35 S35 S35 S35 L1 L1 L3 L2 L3 L3 L3 L3 L3 L3 DEMO PROPOSED DE M O PR O P O S E D S3 S3 S7 S36S36 S37 S38S38 S38S38 S38S38 SETBACK DIAGRAM 49' - 3" S2 L4 L4 L4 L4L4 L4 (E) ROOF LINE (VARIEIS) 113' - 6" FIRST FLOOR (F.F.) 100' - 0" (E) HIGH PARAPET LEVEL 120' - 1" (E) LOW PARAPET LEVEL 116' - 1" (N) ENTRY TOWER LEVEL 122' - 0" 45°1:1 SLOPEMARKDESCRIPTIONTYPE L1 4" OUTDOOR CYLINDER -FC OUTDOOR LIGHTING ZFCC410 (DOWN LT ONLY)WALL MTD L2 4" RECESSED SOFFIT -LITHONIA LIGHTING LBR4 RECESSED L3 LED FLOOD LIGHT -RSXF1 (FIXTURE TO MATCH (E) L.L. PROVIDED FIXTURES)WALL MTD L4 18" WALL SCONCE -WDGE3 LED (FIXTURE TO MATCH (E) L.L. PROVIDED FIXTURES)WALL MTD NOTES BE N J A M I N T A L P O S REVISIONS: C-31704 5/ 1 0 / 2 0 2 3 2 : 0 7 : 0 7 P M E: \ S h a n e C o _ C u p e r t i n o \ E X T E R I O R \ V E O p t i o n \ S H A N E C O _ C U P E R T I N O _ V E . r v t 5/10/23 SH A N E C O . E X T E R I O R I M P R O V E M E N T S PL A N N I N G SU B M I T T A L SI T E P L A N A-1 STACEY HALL 19 9 0 0 S T E V E N S C R E E K B L V D . , C U P E R T I N O , C A KEYNOTES - SITE Key Value Keynote Text S2 (E) ACCESSIBLE PARKING STALLS AND SIGNAGE TO REMAIN. S3 (E) PARKING STALL TO REMAIN, TYP. S6 (E) PAVING/WALKABLE SURFACE TO REMAIN, TYP. S7 (E) LANDSCAPE PLANTING AREA TO REMAIN. GC TO REPLACE (E) PLANTINGS AS REQ'D FOR NEW WORK. VERIFY PLANTING TYPE w/ AS-BUILTS AND MATCH (E). GC TO MODIFY (E) IRRIGATION SYSTEM AS REQ'D FOR NEW WORK. VERIFY EXTENTS IN THE FIELD. S8 (E) SHORT-TERM BIKE RACK TO REMAIN. S11 (E) TRANSFORMER TO REMAIN. S12 (E) TRUNCATED INDICATOR DOMES, TYP. S13 (E) TRASH ENCLOSURE TO REMAIN. S14 (E) FIRE DEPARTMENT VEHICLE TURNING RADIUS - PREVIOUSLY APPROVED, TYP. S15 (E) GAS METER AND FIRE SPRINKLER SERVICE TO REMAIN. S16 (E) "FUTURE" ELECTRIC VEHICLE PARKING STALL, TYP. VERIFY FINAL LOCATION AND QUANTITY W/ L.L. DWGS. S17 (E) MAIL/PARCEL BOX TO REMAIN. S18 (E) WHEELSTOP TO REMAIN, TYP. S19 ACCESSIBLE PATH OF TRAVEL. S21 (E) LONG-TERM BIKE STORAGE ROOM TO REMAIN. NOT PART OF SHANE CO LEASABLE AREA. S22 (E) MAIN BUILDING ELECTRICAL ROOM AND MAIN DISTRIBUTION PANEL TO REMAIN. NOT PART OF SHANE CO LEASABLE AREA. S23 (E) ADJACENT STRUCTURES TO REMAIN, TYP. S24 (E) BUILDING ENTRANCE TO REMAIN. S26 (E) PARKING AREA TO REMAIN, TYP. S31 (N) PLANTER AND INTEGRAL BENCH - REQUIRED AS A SECURITY ELEMENT TO PROTECT FRONT ENTRY FROM VEHICLE ENTRY. S33 (N) SUITE ENTRANCE AND ENTRANCE TOWER ELEMENT. ENTRANCE TOWER IS NON-CONDITIONED SPACE AND NOT CONSIDERED AS PART OF THE OVERALL OCCUPIABLE BUILDING AREA. S34 (E) DEMISING WALL TO REMAIN. S35 (N) DECORATIVE SITE BOLLARD W/ INTEGRAL LIGHTING COMPONENT (LIGHTWAVE 2 STRAIGHT BOLLARD, ULW-10874, W/ SECURITY CORE IN FRONT OF ALL FENESTRATION AREAS), TYP. S36 (N) PERMEABLE PAVER HARDSCAPE PATIO w/ MAX. 2% SLOPE IN ANY DIRECTION. MAX BEVEL TRANSITIONS BETWEEN ALL PAVERS TO BE 1/2" OR LESS w/ MAX. 1/4" BEVEL. PAVERS TO MATCH PREVIOUSLY L.L. APPROVED DESIGN. S37 (N) CONCRETE WALKWAY. MAX 2% SLOPE IN ANY DIRECTION w/ 0" TRANSITION BETWEEN (E) CONCRETE WALKWAY/LANDING AND PAVER PATIO. S38 (N) LANDSCAPE AREA. PLANTING TO MATCH (E) AREA PLANTERS. SCALE:1/16" = 1'-0" SITE PLAN - PROPOSED PLANNING VE SCALE:1/16" = 1'-0"A-1 2 ELEVATION - EAST (BUILDING BULK SETBACK DIAGRAM) LOT AREA 83,766 SF BUILDING AREA EXISTING BUILDING AREA: 28,813 SF LOT COVERAGE: 35.1% REQUIRED PARKING *THERE IS NO NEW SF PROPOSED AS PART OF THIS SCOPE OF WORK TOTAL PARKING PROVIDED: 114 SPACES SITE STATISTICS / PARKING ANALYSIS NOTE: WITH THE EXCEPTION OF WORK REQUIRED TO PREPARE EXISTING SITE ELEMENTS FOR THE NEW ENTRY TOWER AND PERMEABLE HARDSCAPING PATIO PROPOSED HEREIN AS PART OF THE SCOPE WORK, ALL SITE ELEMENTS ARE EXISTING TO REMAIN AND NOT INCLUDED IN THIS APPLICATION. THE (E) SITE PLAN AND SITE ELEMENTS NOT IDENTIFIED AS (N) WERE PREPARED AND PROVIDED BY L.L. AND SHOWN FOR REFERENCE ONLY. ORIGINAL SITE WORK COMPLETED UNDER PERMIT # BLD-2020-0387. NORTH LIGHTING SCHEDULE PROPOSED SIGN A PROPOSED SIGN B PROPOSED SIGN C (PREVIOUSLY APPROVED) 233 PC 12-12-2023 233 of 240 EXTERIOR MATERIAL FINISHES (M#) DESIGNATION MATERIAL TYPE MANUFACTURER COLOR COMMENTS M1 PAINT BENJAMIN MOORE REGAL SELECT EXTERIOR PAINT MIDNIGHT OIL - FLAT FINISH PAINT CONCRETE WALL BEHIND (N) DECORATIVE LOUVERS M2 METAL CLADDING ALUCOBOND AXCENT MATCH EXISTING SEE AS-BUILTS M3 METAL CLADDING ALUCOBOND AXCENT GRAPHITE MICA M4 CERAMIC WALL TILE CREATIVE MATERIALS CORP - MOSA SOLID, V (SMOOTH) 5102 VIVID WHITE 16"x24" CONTROL/EXPANSION JOINTS EVERY 8' TO 10' IN EA. DIRECTION W/ MIN. 1/2" JOINT WIDTH M5 FIBER CEMENT SIDING ASPYRE COLLECTION - ARTISAN V-GROOVE SIDING (HARDIE BOARD PRODUCT) PRIMED PAINT MATERIAL: BENJAMIN MOORE CHELSEA GREY HC-168 M7 METAL ACCENT TRIM CUSTOM STEEL - 10GA PRIMED PAINT MATERIAL: BENJAMIN MOORE DINNER PARTY AF-300 M8 LOUVERS - COMPOSITE WOOD TBD WESTERN CEDAR M9 CANVAS SUNBRELLA SLATE GREY 4684 DEFERRED SUBMITTAL M11 ALUMINUM STOREFRONT KAWNEER (OR EQUIV.) FRAME: CLEAR ANODIZED GLASS: TRANSLUCENT INSULATED GLASS TO BE FROSTED FOR SECURITY AND BIRD SAFETY PURPOSES M12 COMPOSITE WOOD PLANKS TBD WESTERN CEDAR M13 ALUMINUM STOREFRONT KAWNEER (OR EQUIV.) FRAME: GRAPHITE GLASS: CLEAR INSULATED (E) ROOF LINE (VARIEIS) 113' - 6" FIRST FLOOR (F.F.) 100' - 0" (E) HIGH PARAPET LEVEL 120' - 1" E1 E2 E7 E8E8E8 E12E12E9E9 E8E13 E16 E18E18E18 E20E19 E1 (E) ROOF LINE (VARIEIS) 113' - 6" FIRST FLOOR (F.F.) 100' - 0" (E) HIGH PARAPET LEVEL 120' - 1" (N) ENTRY TOWER LEVEL 122' - 0" 3' - 6 " NE4 M9 M8 M5 M4 NE11 NE11 NE7 NE9 NE5 16' - 11"14' - 0" NE6 NE6 8' - 11" NE9 NE15 7' - 6" 13' - 0" 1' - 0 " (E) ROOF LINE (VARIEIS) 113' - 6" FIRST FLOOR (F.F.) 100' - 0" FIRST FLOOR (F.F.) 100' - 0" (E) HIGH PARAPET LEVEL 120' - 1" (E) LOW PARAPET LEVEL 116' - 1" E1 E1 E1 E1 E14 E3E12E8E11E10 E9 E12 E8 E9E12 E8 E7 E8E14E9E12 E8E12 E6 V. I . F . 9' - 8 " V.I.F. 9' - 6" E18 E18 E18 E18 E18 E20 E20 E20 E20 BEYOND METAL PANEL E17 E18 E18 E18E19 E19 E19 E19 (E) ROOF LINE (VARIEIS) 113' - 6" FIRST FLOOR (F.F.) 100' - 0" FIRST FLOOR (F.F.) 100' - 0" (E) HIGH PARAPET LEVEL 120' - 1" (E) LOW PARAPET LEVEL 116' - 1" (N) ENTRY TOWER LEVEL 122' - 0" 24' - 0"11' - 11" 9' - 5"3' - 2"8' - 10"2' - 7" 49' - 7" NE6 8' - 4"3' - 0"9' - 6"3' - 0"9' - 0"2' - 11"9' - 0" NE9NE10 8' - 2 " MATCH (E) OPENING 9' - 10" NE7NE7NE8 NE5 M5 M9 M4 M8M8M8 M7 NE11NE11 M11 16' - 1" M13 M12 NE17 8' - 0" 10' - 3" 7' - 6" NE11 NE11 7' - 6" M1 M1 M1 TYP. 6" NE10 M1 M1 NE9 NE9 NE7NE7 NE7 NE7 NE11 NE11NE11 NE9 NE9 NE6 NE6 M5 M4 M9M9 M8 M8 M9 NE17 1' - 0 " NE18NE18NE18NE18NE18NE18NE18 13' - 0" BE N J A M I N T A L P O S REVISIONS: C-31704 5/ 1 0 / 2 0 2 3 2 : 0 8 : 5 6 P M E: \ S h a n e C o _ C u p e r t i n o \ E X T E R I O R \ V E O p t i o n \ S H A N E C O _ C U P E R T I N O _ V E . r v t 5/10/23 SH A N E C O . E X T E R I O R I M P R O V E M E N T S PL A N N I N G SU B M I T T A L EX T E R I O R E L E V A T I O N S - DE M O / P R O P O S E D A-3 STACEY HALL 19 9 0 0 S T E V E N S C R E E K B L V D . , C U P E R T I N O , C A SCALE:1/8" = 1'-0"A-3 1 ELEVATION - NORTH DEMO SCALE: 1/8" = 1'-0"A-3 2 ELEVATION - NORTH PROPOSED SCALE: 1/8" = 1'-0"A-3 3 ELEVATION - EAST DEMO SCALE: 1/8" = 1'-0"A-3 4 ELEVATION - EAST PROPOSED KEYNOTES - EXTERIOR EXISTING/DEMO Key Value Keynote Text E1 (E) METAL CLADDING TO BE REMOVED. E2 (E) SIGNAGE TO BE REMOVED AND SAVED FOR RELOCATION. E3 (E) STOREFRONT ASSEMBLY TO BE REMOVED. E6 (E) EXTERIOR FINISH AND WALL INFILL TO BE REMOVED FOR NEW ENTRY. E7 (E) WOOD PLANKING TO REMAIN. E8 (E) METAL CLADDED ACCENT ELEMENT TO REMAIN. E9 (E) STOREFRONT WINDOW TO REMAIN. E10 (E) DOWNSPOUT TO REMAIN. E11 (E) DOOR/FRAME TO REMAIN. E12 (E) CANOPY TO REMAIN. E13 (E) BRICK FINISH AND EXTERIOR WALL TO REMAIN, TYP. E14 (E) EXTERIOR WALL TO REMAIN, TYP. E16 (E) STUCCO AND WALL INFILL TO REMAIN. E17 (E) ROOF DRAIN DOWNSPOUT TO BE REROUTED AS NECESSARY. E18 (E) BRICK FINISH ONLY TO BE REMOVED. E19 (E) BRICK ARCHWAY TO BE REMOVED. E20 (E) STUCCO AND WALL TO REMAIN. KEYNOTES - EXTERIOR NEW Key Value Keynote Text NE4 (E) APPROVED BACK-LIT ILLUMINATED SIGNAGE TO BE REINSTALLED. NE5 (N) PLANTER AND INTEGRAL BENCH - REQUIRED AS A SECURITY ELEMENT TO PROTECT FRONT ENTRY FROM VEHICLE ENTRY. NE6 (N) EXTERIOR METAL STUD WALL. NE7 (N) AWNING (DEFERRED SUBMITTAL). NE8 (N) CANOPY AND ANCHOR ROD SUPPORTS (DEFERRED SUBMITTAL) - SEE STRUCTURAL FOR WALL SUPPORT FRAMING.. NE9 (N) DECORATIVE LOUVERS. NE10 (N) STOREFRONT WINDOW/DOOR ASSEMBLY. MATCH (E) CONFIGURATION. VERIFY w/ AS-BUILTS. NE11 (N) LIGHT FIXTURE, TYP. NE15 TILE CONTROL/EXPANSION JOINT. SPACING PER MANUFACTURER AND AS SHOWN. NE17 (N) POTENTIAL BACK-LIT ILLUMINATED SIGNAGE. OWNER TO APPLY FOR SEPARATE SIGNAGE VARIANCE. NE18 (N) SITE SECURITY BOLLARD, TYP. NOTES: • ALL PARAPET COPING SHALL MATCH ADJACENT WALL MATERIAL. GC TO SUBMIT COLOR CHART TO ARCHITECT AND OWNER FOR PREMANUFACTURED OPTIONS. IF NO COLOR OPTION IS SATISFACTORY, COPING TO BE PAINTED. NOTES: • ALL EXISTING EXTERIOR DESIGN ELEMENTS NOT IDENTIFIED AS NEW (N) WERE PREVIOUSLY APPROVED UNDER THE BUILDING OWNER'S SUBMITTAL FOR PLANNING APPROVAL. REFERENCE PLANNING APPROVALS ARE AS SUCH: DIR-2020-015 AND DP-2019-001. PROPOSED SIGN A 50 SF 4' - 8 " 10'-10" 3' - 6 " 9'-8" PROPOSED SIGN B 34 SF 3' - 6 " 9'-8" PROPOSED SIGN C (PREVIOUSLY APPROVED AND CURRENTLY INSTALLED ON EXISTING BUILDING - WILL BE REMOVED AND REINSTALLED IN SAME LOCATION AFTER NEW EXTERIOR FINISHES ARE INSTALLED) 34 SF 234 PC 12-12-2023 234 of 240 CUSTOM SIGNAGE PRESENTATION 19900 STEVENS CREEK BLVD., CUPERTINO, CA Prepared for Shane Co. procto r productions 235 PC 12-12-2023 235 of 240 02 procto r productions Shane Co. Custom Building Signage Design | 2023 (CUPERTINO, CA - SITE LOCATION) (conceptual visual only) Shane Co 19900 Stevens Creek Blvd, Cupertino, CA 95014 NORTH SIGN BUILDING LOCATION EAST SIGN BUILDING LOCATION 1 EAST SIGN BUILDING LOCATION 2 236 PC 12-12-2023 236 of 240 03 procto r productions Shane Co. Custom Building Signage Design | 2023 (CUPERTINO, CA - EXISTING & PROPOSED EXTERIOR ELEVATION) (conceptual visual only) SCALE - NTS 280” [7112 mm] 8.40” [213.36 mm] 84.08” [2135.63 mm] 56.34” [1431.04 mm] 163.83” [4161.28 mm] Full Face & Side Lit letters 14.46” [367.28 mm] 22.22” [564.39 mm] 40.17” [1020.32 mm] Segmentations Full Side Lit Letters Black / Satin Finish 117” [2971.8 mm] Black / Satin Finish Black / Satin Finish Full Side Lit Letters Full Side Lit Letters 32.64 SQFT - TOTAL SIGN AREA NOTE: Wall signs attached to exterior walls of solid masonry, concrete or stone shall be safely and securely attached by means of metal anchors, bolts or expansion screws of not less than 3/8 inch (9.5 mm) diameter and shall be embedded not less than 5 inches (127 mm). Wood blocks shall not be used for anchorage, except in the case of wall signs attached to buildings with walls of wood. A wall sign shall not be supported by anchorages secured to an unbraced parapet wall. SIGN ILLUMINATION IS CONTROLLED BY THE PELICAN SYSTEM Specifications Package 1st Surface1 Painted Polished Sand-blasted Brushed Plated Wire Whip5 Qty8 Mounting Back Top Bo om Side etc4 Location Interior Exterior from the Ground Level < 5’ ’8 - ‘5 ’41 - ‘8 14‘ < 7 LEDs3 Drain Hole n/a Yes - Refer to C16 Standard( ) Expedite( )Shipping Mode Dimensions Box Crate - Size - Weight - # of Boxes Included Moun ng Pa ern Moun ng Accessories Dimmer ETL Label Power Supply Enclosure(Paige Box) RGB Package Return GlacierWhite™ Colored2 C1 Drain hole Location - Bottom View BackerDrainHole 0.25”(6mm) * Drain hole may be visible from the bottom B1.1 Typical Section Elevation B2 Isometric Elevation AA 6 5 1 2 3 4 Fastening Screws located on the backs of letters for serviceability B1 Section Elevation ZZ ZZ AA A1 Sign Elevation SCALE - NTS < RS-AC-S1 Style > - Reference - 1 set Note Note Loca on : TBD18AWG - 10’ long Flush Wall Mount, M-6/3” Long moun ng pins Note 1.25” Deep White, 6500k, Exterior Note 1T Stainless Steel (Black/Sa n finish) Op ons (Horizontal / Ver cal) Notes: Mounting pattern and accessories supplied with letters To be fastened to building facade. Building construction type: wood frame with plywood sheathing and stucco nish. (As per City Code: Wall signs attached to exterior walls of solid masonry, concrete or stone shall be safely and securely attached by means of metal anchors, bolts or expansion screws of not less than 3/8 inch (9.5 mm) diameter and shall be embedded not less than 5 inches (127 mm). Wood blocks shall not be used for anchorage, except in the case of wall signs attached to buildings with walls of wood. Signs shall not be supported by anchorages secured to an unbraced parapet wall.) Class II 5A ASU-60-12U variable primary with 12VDC secondary power supplies Electrical connections by customer Permitting if applicable by customer Installation by customer Full Face & Side Lit letters 25.92” [658.39 mm] 39.84” [1011.94 mm]72” [1828.8 mm] Segmentations Full Side Lit Letters Black / Satin Finish 227.54” [5779.516 mm] 6.6” [167.64 mm] 72” [1828.8 mm] 48.5” [1231.9 mm] 141.01” [3581.65mm] 209.72” [5326.89 mm] Black / Satin Finish Black / Satin Finish Full Side Lit Letters Full Side Lit Letters Shane Co 19900 Stevens Creek Blvd, Cupertino, CA 95014 237 PC 12-12-2023 237 of 240 03 procto r productions Shane Co. Custom Building Signage Design | 2023 (CUPERTINO, CA - EXISTING & PROPOSED EXTERIOR EAST ELEVATION 1) (conceptual visual only) SCALE - NTS 280” [7112 mm] 8.40” [213.36 mm] 84.08” [2135.63 mm] 56.34” [1431.04 mm] 163.83” [4161.28 mm] Full Face & Side Lit letters 14.46” [367.28 mm] 22.22” [564.39 mm] 40.17” [1020.32 mm] Segmentations Full Side Lit Letters Black / Satin Finish 117” [2971.8 mm] Black / Satin Finish Black / Satin Finish Full Side Lit Letters Full Side Lit Letters 32.64 SQFT - TOTAL SIGN AREA NOTE: Wall signs attached to exterior walls of solid masonry, concrete or stone shall be safely and securely attached by means of metal anchors, bolts or expansion screws of not less than 3/8 inch (9.5 mm) diameter and shall be embedded not less than 5 inches (127 mm). Wood blocks shall not be used for anchorage, except in the case of wall signs attached to buildings with walls of wood. A wall sign shall not be supported by anchorages secured to an unbraced parapet wall. SIGN ILLUMINATION IS CONTROLLED BY THE PELICAN SYSTEM Specifications Package 1st Surface1 Painted Polished Sand-blasted Brushed Plated Wire Whip5 Qty8 Mounting Back Top Bo om Side etc4 Location Interior Exterior from the Ground Level < 5’ ’8 - ‘5 ’41 - ‘8 14‘ < 7 LEDs3 Drain Hole n/a Yes - Refer to C16 Standard( ) Expedite( )Shipping Mode Dimensions Box Crate - Size - Weight - # of Boxes Included Moun ng Pa ern Moun ng Accessories Dimmer ETL Label Power Supply Enclosure(Paige Box) RGB Package Return GlacierWhite™ Colored2 C1 Drain hole Location - Bottom View BackerDrainHole 0.25”(6mm) * Drain hole may be visible from the bottom B1.1 Typical Section Elevation B2 Isometric Elevation AA 6 5 1 2 3 4 Fastening Screws located on the backs of letters for serviceability B1 Section Elevation ZZ ZZ AA A1 Sign Elevation SCALE - NTS < RS-AC-S1 Style > - Reference - 1 set Note Note Loca on : TBD18AWG - 10’ long Flush Wall Mount, M-6/3” Long moun ng pins Note 1.25” Deep White, 6500k, Exterior Note 1T Stainless Steel (Black/Sa n finish) Op ons (Horizontal / Ver cal) Notes: Mounting pattern and accessories supplied with letters To be fastened to building facade. Building construction type: wood frame with plywood sheathing and stucco nish. (As per City Code: Wall signs attached to exterior walls of solid masonry, concrete or stone shall be safely and securely attached by means of metal anchors, bolts or expansion screws of not less than 3/8 inch (9.5 mm) diameter and shall be embedded not less than 5 inches (127 mm). Wood blocks shall not be used for anchorage, except in the case of wall signs attached to buildings with walls of wood. Signs shall not be supported by anchorages secured to an unbraced parapet wall.) Class II 5A ASU-60-12U variable primary with 12VDC secondary power supplies Electrical connections by customer Permitting if applicable by customer Installation by customer Full Face & Side Lit letters 25.92” [658.39 mm] 39.84” [1011.94 mm]72” [1828.8 mm] Segmentations Full Side Lit Letters Black / Satin Finish 227.54” [5779.516 mm] 6.6” [167.64 mm] 72” [1828.8 mm] 48.5” [1231.9 mm] 141.01” [3581.65mm] 209.72” [5326.89 mm] Black / Satin Finish Black / Satin Finish Full Side Lit Letters Full Side Lit Letters Shane Co 19900 Stevens Creek Blvd, Cupertino, CA 95014 238 PC 12-12-2023 238 of 240 04 procto r productions Shane Co. Custom Building Signage Design | 2023 (CUPERTINO, CA - EXISTING & PROPOSED EXTERIOR EAST ELEVATION 2) (conceptual visual only) SCALE - NTS 280” [7112 mm] 8.40” [213.36 mm] 84.08” [2135.63 mm] 56.34” [1431.04 mm] 163.83” [4161.28 mm] Full Face & Side Lit letters 14.46” [367.28 mm] 22.22” [564.39 mm] 40.17” [1020.32 mm] Segmentations Full Side Lit Letters Black / Satin Finish 117” [2971.8 mm] Black / Satin Finish Black / Satin Finish Full Side Lit Letters Full Side Lit Letters 32.64 SQFT - TOTAL SIGN AREA NOTE: Wall signs attached to exterior walls of solid masonry, concrete or stone shall be safely and securely attached by means of metal anchors, bolts or expansion screws of not less than 3/8 inch (9.5 mm) diameter and shall be embedded not less than 5 inches (127 mm). Wood blocks shall not be used for anchorage, except in the case of wall signs attached to buildings with walls of wood. A wall sign shall not be supported by anchorages secured to an unbraced parapet wall. SIGN ILLUMINATION IS CONTROLLED BY THE PELICAN SYSTEM Specifications Package 1st Surface1 Painted Polished Sand-blasted Brushed Plated Wire Whip5 Qty8 Mounting Back Top Bo om Side etc4 Location Interior Exterior from the Ground Level < 5’ ’8 - ‘5 ’41 - ‘8 14‘ < 7 LEDs3 Drain Hole n/a Yes - Refer to C16 Standard( ) Expedite( )Shipping Mode Dimensions Box Crate - Size - Weight - # of Boxes Included Moun ng Pa ern Moun ng Accessories Dimmer ETL Label Power Supply Enclosure(Paige Box) RGB Package Return GlacierWhite™ Colored2 C1 Drain hole Location - Bottom View BackerDrainHole 0.25”(6mm) * Drain hole may be visible from the bottom B1.1 Typical Section Elevation B2 Isometric Elevation AA 6 5 1 2 3 4 Fastening Screws located on the backs of letters for serviceability B1 Section Elevation ZZ ZZ AA A1 Sign Elevation SCALE - NTS < RS-AC-S1 Style > - Reference - 1 set Note Note Loca on : TBD18AWG - 10’ long Flush Wall Mount, M-6/3” Long moun ng pins Note 1.25” Deep White, 6500k, Exterior Note 1T Stainless Steel (Black/Sa n finish) Op ons (Horizontal / Ver cal) Notes: Mounting pattern and accessories supplied with letters To be fastened to building facade. Building construction type: wood frame with plywood sheathing and stucco nish. (As per City Code: Wall signs attached to exterior walls of solid masonry, concrete or stone shall be safely and securely attached by means of metal anchors, bolts or expansion screws of not less than 3/8 inch (9.5 mm) diameter and shall be embedded not less than 5 inches (127 mm). Wood blocks shall not be used for anchorage, except in the case of wall signs attached to buildings with walls of wood. Signs shall not be supported by anchorages secured to an unbraced parapet wall.) Class II 5A ASU-60-12U variable primary with 12VDC secondary power supplies Electrical connections by customer Permitting if applicable by customer Installation by customer Full Face & Side Lit letters 25.92” [658.39 mm] 39.84” [1011.94 mm]72” [1828.8 mm] Segmentations Full Side Lit Letters Black / Satin Finish 227.54” [5779.516 mm] 6.6” [167.64 mm] 72” [1828.8 mm] 48.5” [1231.9 mm] 141.01” [3581.65mm] 209.72” [5326.89 mm] Black / Satin Finish Black / Satin Finish Full Side Lit Letters Full Side Lit Letters Shane Co 19900 Stevens Creek Blvd, Cupertino, CA 95014 239 PC 12-12-2023 239 of 240 240 PC 12-12-2023 240 of 240