PC 09-28-2021 Searchable PacketCITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
This will be a teleconference meeting with no physical location
Tuesday, September 28, 2021
6:45 PM
Teleconference Meeting
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 5:00 p.m. on Tuesday, September 28 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.
2) E-mail comments during the times for public comment during the meeting to the
Commission at planningcommission@cupertino.org. The staff liaison will read the emails
into the record, and display any attachments on the screen, for up to 3 minutes (subject to
the Chair’s discretion to shorten time for public comments). Members of the public that
wish to share a document must email planningcommission@cupertino.org prior to
speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
comments as follows:
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item.
To address the Commission, click on the link below to register in advance and access the
Page 1
PC 09-28-2021
1 of 117
Planning Commission Agenda September 28, 2021
meeting:
Online
Please click the link below to join the webinar:
https://cityofcupertino.zoom.us/webinar/register/WN__I7Eeh53RtKW4dSX4mL6Uw
Phone
Dial: (669) 900 6833 and enter Webinar ID: 957 8467 0141 (Type *9 to raise hand to speak)
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)
Meeting ID: 957 8467 0141
SIP: 95784670141@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.”
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.
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approve the September 14 Planning Commission minutes
Recommended Action: Approve the September 14 Planning Commission minutes
Page 2
PC 09-28-2021
2 of 117
Planning Commission Agenda September 28, 2021
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
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
2.Subject: Consider adopting amendments to the Cupertino General Plan to add clarity
to existing language in Chapter 3 (Land Use) in Figure LU-2, Policy LU-1.1 and Goal
LU-13, and to add emphasis to existing language in Chapter 6 (Environmental
Resources and Sustainability) (Strategy ES-6.1.1), and Cupertino Municipal Code Title
17, Environmental Regulations, to add a new Chapter, Chapter 17.04, to adopt standard
environmental protection requirements for construction, development and other
similar or related activities. (Application No(s): GPA-2021-001, MCA-2021-004;
Applicant(s): City of Cupertino; Location: citywide)
Recommended Action: That the Planning Commission recommend that the City
Council adopt the draft resolutions (Attachments 1 and 2) to adopt the:
1. Addendum (Addendum No. 5 to the 2014 General Plan EIR) addressing the
environmental effects of the proposed changes and the proposed amendments to the
Cupertino General Plan (Attachment 2); and
2. Proposed amendment to the Cupertino Municipal Code adding Chapter 17.04.
Staff Report
1. Draft Resolution_Adopting Addendum to EIR and GP Amendments
2. Draft Resolution - MCA-2021-004
3. Objective standards disposition
4. Addendum No. 5 to 2014 General Plan Final EIR
OLD BUSINESS
NEW BUSINESS
STAFF AND COMMISSION REPORTS
Page 3
PC 09-28-2021
3 of 117
Planning Commission Agenda September 28, 2021
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
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
teleconference 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 4
PC 09-28-2021
4 of 117
Planning Commission Agenda September 28, 2021
Page 5
PC 09-28-2021
5 of 117
CITY OF CUPERTINO
Agenda Item
21-9897 Agenda Date: 9/28/2021
Agenda #: 1.
Subject: Approve the September 14 Planning Commission minutes
Approve the September 14 Planning Commission minutes
CITY OF CUPERTINO Printed on 9/23/2021Page 1 of 1
powered by Legistar™
PC 09-28-2021
6 of 117
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
DRFAFT MINUTES, SEPTEMBER 14, 2021
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Chairperson Wang called to order the regular Planning Commission
meeting. This was a teleconference meeting with no physical location.
ROLL CALL
Present: Chairperson Wang, Vice Chairperson Scharf, Commissioner Saxena,
Commissioner Kapil, and Commissioner Madhdhipatla
APPROVAL OF MINUTES:
1. Subject: Draft Minutes of June 22, 2021
Recommended Action: Approve or modify the Draft Minutes of June 22, 2021
Moved by Scharf and seconded by Wang to “Approve the minutes”. The motion
carried 3‐0‐2. (Madhdhipatla, Saxena abstain)
2. Subject: Draft Minutes of August 10, 2021
Recommended Action: Approve or modify the Draft Minutes of August 10, 2021
Moved by Scharf and seconded by Wang to “Approve the minutes”. The motion
carried 4‐0‐1. (Kapil abstain)
3. Subject: Draft Minutes of August 24, 2021
Recommended Action: Approve or modify the Draft Minutes of August 24, 2021
Moved by Scharf and seconded by Madhdhipatla to “Approve the minutes”. The
motion carried 4‐0‐1. (Wang abstain)
POSTPONEMENTS/REMOVAL FROM CALENDAR: Planning Manager Piu Ghosh
notified the Commission that application no.s GPA 2021‐001 and MCA‐2021‐004 have
been postponed to the next Planning Commission meeting.
PC 09-28-2021
7 of 117
ORAL COMMUNICATIONS:
Paul Soto spoke about housing issues.
WRITTEN COMMUNICATIONS: None
CONSENT CALENDAR: None
PUBLIC HEARING:
4. Subject: Consider amendments to Cupertino Municipal Code Sections 19.56.030 (Table
19.56.030), 19.56.030F, 19.56.040, and Table 19.56.040A and the addition of Section
19.56.080 (Density Bonus Ordinance) to allow density bonuses and other incentives as
provided by state law and also to add a subsection in Section 19.56.040 providing
additional incentives for affordable housing and a new Section 19.56.080 providing that
the Density Bonus Ordinance will be interpreted consistent with state density bonus
law. (Application No: MCA‐2021‐003; Applicant: City of Cupertino; Location:
Citywide.)
Recommended Action: That the Planning Commission adopt the draft resolution
(Attachment 1) recommending that the City Council:
1. Find the actions exempt from CEQA; and
2. Adopt amendments to Cupertino Municipal Code Sections 19.56.030 (Table
19.56.030) 19.56.030F, and Table 19.56.040A to allow for density bonuses and other
incentives as provided by state law; and to add a new Section 19.56.080 providing that
the Density Bonus Ordinance will be interpreted consistent with state density bonus
law.
Note that the language providing additional incentives is not being proposed at this time.
Planning Manager Piu Ghosh gave a presentation and answered questions from the
Commissioners
City Attorney Christopher Jensen answered questions the Commissioners regarding AB
2345, incentives, and concessions.
Chair Wang opened the public comment period and the following individual(s) spoke:
Administrative Assistant Cyrah Caburian read a letter from Jennifer Griffin.
Jean Bedord
Chair Wang closed the public comment period.
PC 09-28-2021
8 of 117
Commissioners asked questions and made comments.
Scharf moved and Saxena seconded to adopt the draft resolution. The motion carried 3‐
2‐0. (Madhdipatla, Wang voted no)
OLD BUSINESS: None
NEW BUSINESS:
Planning Manager Piu Ghosh introduced Cyrah Caburian.
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None
REPORT OF THE PLANNING COMMISSION:
Vice Chairman Scharf attended the California Alliance of Local Electives. The following
items were discussed:
‐ Affordable housing, SB9 and SB10
‐ Statewide initiative on local land use control scheduled in 2022.
Commissioner Madhdhipatla had comments about AB1174.
FUTURE AGENDA SETTING:
Vice Chairperson Scharf would like to create an ordinance on contaminated sites.
Chairperson Wang would like to get quarterly updates on the Vallco project, review
Vallco’s project timeline and would like to get ahead of Housing Element and review
land use designation.
ADJOURNMENT:
The meeting was adjourned at 8:13 pm to the next Planning Commission meeting on
September 28, 2021, at 6:45 p.m.
Respectfully Submitted:
______/s/Abby Ayende_______________
Abby Ayende, Management Analyst
PC 09-28-2021
9 of 117
CITY OF CUPERTINO
Agenda Item
21-9904 Agenda Date: 9/28/2021
Agenda #: 2.
Subject: Consider adopting amendments to the Cupertino General Plan to add clarity to existing
language in Chapter 3 (Land Use) in Figure LU-2, Policy LU-1.1 and Goal LU-13, and to add
emphasis to existing language in Chapter 6 (Environmental Resources and Sustainability) (Strategy
ES-6.1.1), and Cupertino Municipal Code Title 17, Environmental Regulations, to add a new Chapter,
Chapter 17.04, to adopt standard environmental protection requirements for construction,
development and other similar or related activities. (Application No(s): GPA-2021-001, MCA-2021-
004; Applicant(s): City of Cupertino; Location: citywide)
That the Planning Commission recommend that the City Council adopt the draft resolutions
(Attachments 1 and 2) to adopt the:
1. Addendum (Addendum No. 5 to the 2014 General Plan EIR) addressing the environmental effects
of the proposed changes and the proposed amendments to the Cupertino General Plan (Attachment
2); and
2. Proposed amendment to the Cupertino Municipal Code adding Chapter 17.04.
CITY OF CUPERTINO Printed on 9/23/2021Page 1 of 1
powered by Legistar™
PC 09-28-2021
10 of 117
PLANNING COMMISSION STAFF REPORT
Meeting: September 28, 2021
Subject
Consider adopting amendments to the Cupertino General Plan to add clarity to existing
language in Chapter 3 (Land Use) in Figure LU-2, Policy LU-1.1 and Goal LU-13, and
to add emphasis to existing language in Chapter 6 (Environmental Resources and
Sustainability) (Strategy ES-6.1.1), and Cupertino Municipal Code Title 17,
Environmental Regulations, to add a new Chapter, Chapter 17.04, to adopt standard
environmental protection requirements for construction, development and other
similar or related activities. (Application No(s): GPA-2021-001, MCA-2021-004;
Applicant(s): City of Cupertino; Location: citywide)
Recommended Action
That the Planning Commission recommend that the City Council adopt the draft
resolutions (Attachments 1 and 2) to adopt the:
1. Addendum (Addendum No. 5 to the 2014 General Plan EIR) addressing the
environmental effects of the proposed changes and the proposed amendments to
the Cupertino General Plan (Attachment 2); and
2. Proposed amendment to the Cupertino Municipal Code adding Chapter 17.04.
Discussion
Background:
Changes to State law since 2017 provide that housing development projects may in
some circumstances only be required to comply with objective standards in a city’s
general plan and zoning, as opposed to standards that are subjective and whose
application involves the use of discretion. Since FY19/20, the City’s Work Program
includes an item to update the General Plan and Zoning Ordinance to ensure that those
documents include objective standards that can be readily understood and applied to
all projects. Staff and the City Attorney’s Office identified certain items that could
benefit from clarification. Some of these, such as clarifications in Chapter 13.04, Park
Land Dedication, and Chapter 19.80, Planned Development Zones, of the Municipal
Code, were completed in late 2019.
PC 09-28-2021
11 of 117
- 2 of 9 -
The Planning Commission and City Council also invited members of the public to
suggest areas in the General Plan and the Zoning Ordinances that could be clarified with
objective standards. A large number of comments were collected from members of the
public, and individual Planning Commissioners and City Council members, between
June 2019 and October 2019, including at two Planning Commission meetings on June 25
and July 9, 2019 and two City Council meetings on September 18 and October 1, 2019.
Additional comments were compiled during the General Plan Annual Review conducted
by Planning Commission during five meetings between September 2019 and February
2020.
At its September 18, 2019 meeting, the City Council authorized staff to commence
preparing amendments for the items identified by staff and the City Attorney’s Office
and continued the discussion on the remaining items to its October 1, 2019 meeting.
However, following discussion at that meeting, the Council delegated the task of
prioritizing and reviewing the remaining items to the City Manager.
It is important to note that while this evaluation process was occurring, SB 330 was
enacted. SB 330 made changes to State law providing that until January 1, 2025,
amendments to existing standards that will reduce the intensity of housing development
may not be made on some properties, without corresponding amendments to increase
the intensity of housing development elsewhere.
Staff, with direction from the City Manager and input from the City Attorney , prepared
Attachment 4. Attachment 4 indicates the timing of the various topics that have been
identified as needing clarification as follows:
Immediate Completion – Items for which staff had started to prepare updates. These
are presented here.
Current Work Program Items – Items that are part of the current Work Program and
are expected to be completed or have significant progress in Fiscal Year 2020/2021.
Completed – Items that have been completed as part of prior projects/actions.
Housing Element Update – Items that may not be completed by themselves due to
limitations of state law but may be considered as part of upzoning that may be
necessary to accommodate the City’s RHNA.
Future Work Program Items – Items that the City may consider incorporating into
future Work Programs based on staffing and budgetary considerations.
On Hold – Items not recommended to be considered by the Planning Commission
at this time or those that may be considered with a future comprehensive General
Plan update.
The amendments proposed at this time are on the “Immediate Completion” list. In
addition, Municipal Code amendments are proposed to adopt objective standards for
environmental protection.
PC 09-28-2021
12 of 117
- 3 of 9 -
Analysis:
General Plan Amendments (Attachment 1)
There are two chapters in which amendments are proposed in the General Plan – Chapter
3 (Land Use) and Chapter 6 (Environmental Resources and Sustainability). In Chapter 3,
the changes are limited to Figure LU-2, Policy LU-1.1 and in the introductory language
in Goal 13.
1. Figure LU-2: Edits in Figure LU-2 have been made in the footnotes to the figure and
in the height and density boxes on the figure. These are described further below:
a. Footnotes: Edits have been made to the footnotes to address concerns related to
the objectivity of the existing language. Clarifications include clarifications to
Building Planes footnotes to clarify the building slope line must be retained at a
1:1 slope for the building and not just the “primary building bulk.” In addition,
language has been added to clarify the intent of those words, to allow
“architectural feature that do not include useable area” into the slope line.
Another area of clarification is to address t he language related to heights and
setbacks adjacent to residential areas. Language has been amended to reference
specific plans, conceptual zoning plans or land use plans and any adopted design
guidelines for established height and setbacks adjacent to residential areas.
b. Height and Density Boxes: No changes have been made which allow an increased
density or any increase in heights in any of the Special Areas or neighborhoods.
Language in the Homestead, Heart of the City, South De Anza, Monta Vista
Village Special Area and Neighborhoods density and height boxes have been
updated to clarify the existing density in the Heart of the Special Area.
Additionally, edits are proposed in the City Center Node text box to clarify the
intent of the existing language – that existing, taller buildings (such as the
Montebello condominiums, former Kimpton Hotel, and the tower office buildings)
may retain their existing height.
2. Policy LU-1.1: A reference has been added to Figure LU-2 in Policy LU-1.1 to clarify
that the figure identifies maximum residential densities allowed.
3. Goal LU-13: The policies in Goals LU-14 through LU-18 are nested policies for the
Heart of the City Special Area. However, this was not clear in the General Plan. This
has been clarified with amended language.
4. Strategy ES-6.1.1: Emphasis has been added to this strategy to “strongly” encourage
Santa Clara County to engage with affected neighborhoods when considering
changes to the mineral extraction activity and changes to restoration plans, as advised
by one of the members of the City Council.
PC 09-28-2021
13 of 117
- 4 of 9 -
Note that the above-described amendments are intended to clarify the adopted General
Plan and do not change the permitted intensity of housing development for any parcel in
the City.
Municipal Code Amendment (Attachment 3)
As previously described, staff is recommending the adoption of standards for
environmental protection for all kinds of construction, site improvements and other
related or similar projects by adding Chapter 17.04 (Standard Environmental Protection
Requirements) to the Municipal Code. The proposed language was developed with input
from PlaceWorks, an environmental consulting firm, their on-staff biologists,
geotechnical experts and other staff with subject area expertise. The draft language was
further reviewed and edited for clarity and objectivity by staff and City Attorney’s Office.
The proposed new Chapter is organized similarly to other Chapters in the Municipal
Code. A purpose section (Section 17.04.010) is followed by a Definitions section (Section
17.04.020). The definitions section defines terms used in the new Chapter to ensure that
the terms are not misinterpreted or interpreted differently by different persons.
Following the Definitions section is an Applicability and Demonstration of Compliance
Section (Section 17.04.030). This section identifies which projects the standards would
apply to. As proposed, all projects related to construction, ground -disturbing activities
(grading, excavation, etc.) and tree removal would be subject to these standards. In
addition, the proposed language identifies how an applicant must demonstrate
compliance. The following table summarizes these requirements:
Type of Project Compliance Mechanism
Non-residential project Submittal and implementation of a
Construction Management Plan
and/or inclusion on permit plans Residential development of four or more units
Residential development with three or fewer units On building permit plans, as
required Residential additions/remodels and Tenant
Improvements
Projects with no requirement for building and
ground disturbing permits (includes tree removal
permits with no other associated improvements or
ground disturbing activity)
Implement all applicable
requirements during permitted
work
Requirements prior to project approval: Section 17.04.040 of the proposed chapter
identifies the technical reports required prior to project approval. These include reports
related to Air Quality, Hazardous Materials, Traffic and Vibration to address
environmental protection.
PC 09-28-2021
14 of 117
- 5 of 9 -
1. Air Quality: Certain projects that operationally generate large amounts of diesel truck
or Transport Refrigeration Units (TRUs) per day or are located within 1,000 feet of
sensitive land uses (e.g. residential, schools, hospitals or nursing homes) are required
to prepare an operational Health Risk Assessment (HRA). The report is required to
ensure that indoor air quality for projects that are identified by the Bay Area Air
Quality Management District (BAAQMD) as requiring further analysis, is managed
by preparing an operational HRA. The operational HRA would be prepared in
accordance with the policies and procedures of the State office of Environmental
Health Hazard Assessment (OEHHA) and BAAQMD to ensure standard
requirements in the preparation of the assessment. The project applicant is also
required to indicate the location of the project site on the BAAQMD’s Planning
Healthy Places map. If the site is located in an area identified as “Implement Best
Practices,” the project is required to implement best practices. These include
installation of higher rated air filters, ensuring that openings into the building are
located as far away from emission sources as feasible and planting trees as required.
2. Soil Remediation: All projects except tree removal projects must complete and submit
the applicable form of environmental assessment report, and additional testing, if
required, prior to construction. Applicants are required to provide, at a minimum a
Phase 1 Environmental Site Assessment (ESA) report. If the Phase I ESA report
indicates the potential for contaminants, the project applicant must prepare a Phase II
ESA report to identify the type and extent of the contamination. This includes steps
to take if additional testing is required, and how testing must be conducted. The
details of the process are described.
3. Traffic: A Vehicle Miles Traveled (VMT) analysis is required to indicate compliance
with the City’s previously adopted VMT standards.
4. Vibration: If it is anticipated that equipment that causes vibrations will be used during
construction, the project applicant must submit a vibration study. There are certain
standards prescribed to ensure that vibration effects are reduced.
Requirements prior to permit issuance: Section 17.04.050 includes the requirements
related to the different environmental factors that must be met prior to permit issuance if
there has not been a prior project approval. The areas where refinements are being made
to previous conditions of approval or new standards have been proposed are as follows:
1. Air Quality: The City already has standard requirements related to Air Quality
impacts as identified in the General Plan Environmental Impact Report (EIR) certified
by the City Council in 2014. These have been further refined because BAAQMD has
issued or adopted new guidance since that time. In addition, requirements have been
imposed to ensure that larger projects (those that disturb more than one acre and are
PC 09-28-2021
15 of 117
- 6 of 9 -
more than two months in duration) are required to use higher quality equipment as
mitigation.
Prior to any construction permits being issued, BAAQMD’s requirements must be
indicated on the plans
2. Greenhouse Gas Emissions and Energy: In order to ensure that greenhouse gas
emission impacts are minimized, applicants must complete the Climate Action Plan –
Development Project Consistency Checklist for approval by the City.
3. Biological Resources: The requirements related to biological resources pertain to the
taking, removing or destroying of eggs from active nests or the
destruction/disturbance of bat roosts in abandoned buildings. There are laws and
requirements that prevent the disturbance or taking of eggs from active nests per the
Migratory Bird Treaty Act and the State Department of Fish and Game Code. These
requirements are currently applied to all applications that have the possibility of
affecting birds. The proposed requirements are to implement the requirements and
spirit of that law in keeping with the size of the project. The requirements differ
slightly by the size of project. For smaller projects (such as one single family home,
ground disturbing activity of up to 500 square feet or the removal of up to three trees),
the property owner or the tree removal contractor is authorized to conduct
preconstruction surveys to identify active nests. If active nests are found, smaller
projects must then retain an ornithologist or a biologist to identify a buffer at which
work may proceed. However, for all other projects, a qualified ornithologist or
biologist must be retained at the outset to conduct the preconstruction surveys. Repeat
surveys may be necessary on a weekly basis to identify when work may proceed in
the buffer area. A final report must be presented to ensure work was completed to the
satisfaction of the City.
Special Status Roosting Bats are also required to be protected during any construction,
or re-tenanting of abandoned or vacant structures. This is done by showing evidence
that abandoned buildings were properly sealed when vacated/abandoned and
conducting pre-construction surveys by a qualified biologist prior to proceeding with
any work. The requirement also prescribes objective ways to address the issue in the
event that there are any roosting bats in a building. A final report is required to ensure
the work was completed to the satisfaction of the City.
4. Cultural Resources: Project applicants must adhere to certain requirements in order
to protect cultural and tribal resources, and human remains and Native American
burials as required by state law. This includes training prior to beginning
construction, identifying potential cultural resources, not disturbing soil within 25
feet of any finds, retaining a qualifying archaeologist for preparation of reports and
documenting significant finds, contacting tribes if the resource is a tribal resource. In
PC 09-28-2021
16 of 117
- 7 of 9 -
areas where there are known cultural resources, the archaeologist is required to
provide information to the City for it to determine whether the resources is considered
historic or a unique archeological resources.
The requirements for protection of human resources and native American burials are
the same as those required by state law and identified in the CA Health and Safety
and CA Public Resources Codes. These include not disturbing remains, notifying the
County Coroner’s office and determining whether the remains are native American
or not. If they are native American, a process prescribed by state law is identified.
5. Hazardous Materials (Soil and Groundwater Contamination): This section clarifies
the responsibilities of the project applicant, including requiring the involvement of
other regulatory agencies, depending on the contaminants identified in the Phase II
ESA report, prior to issuance of a permit.
6. Hydrology and Water Quality: This requirement requires all applicants to
demonstrate compliance with the City’s Municipal Code requirements related to
stormwater pollution prevention.
7. Noise and Vibration: To ensure that noise and vibration impacts are mitigated, all
applicants must comply with the City’s Community Noise Control Ordina nce and
also provide notice prior to commencing construction. The noticing radius is
determined by the size of the project and ranges between 500 feet for projects on large
sites and 100 feet for smaller sites and single family homes. The City would review
and approve haul routes to ensure that the effects are minimized to the greatest extent
possible by avoiding the greatest number of sensitive use areas.
Additionally, the applicant is required to prepare and implement a Construction
Vibration Monitoring plan for the areas that are identified as being sensitive to the use
of identified equipment and also provide a post-survey report on any structure where
either monitoring has indicated high vibration levels or complaints have been
received about damage having occurred. Noticing requirements are also specified for
construction involving vibratory equipment.
8. Paleontological Resources: This requirement is to ensure that paleontological
resources are protected during construction. These require the retention of a qualified
paleontologist, at the applicant’s cost, who would assess any finds for significance and
mitigation.
9. Utilities and Service Systems: The 2014 General Plan EIR identified that there were
some potential issues with peak wet weather flow capacity through the City of Santa
Clara’s sanitary sewer system related to contractual obligation of the Cupertino
Sanitary District. To ensure that these effects are addressed, requirements have been
PC 09-28-2021
17 of 117
- 8 of 9 -
added to ensure that reports are prepared for the City’s review to ensure that this cap
is not triggered and there are some requirements specified to achieve this and ensure
that the Cupertino Sanitary District has signed off on a letter of clearance prior to
issuance of permits.
Additionally, applicants are required to ensure that they obtain written approval from
the appropriate water service provided for water connections, service capability and
location/layout of water lines and backflow preventers, prior to issuance of any
permits.
Tribal Consultation
The City received a request to conduct tribal consultation pursuant to SB 18 (Tribal
Consultation for General Plan Amendments). With this request in early July, the Native
American Heritage Commission (NAHC) was contacted to obtain the names of tribes that
should be contacted. Upon receipt of the list of tribes that should be contacted, letters
were sent by certified mail on July 8, 2021. Tribes have 90 days (until October 6, 2021) to
request consultation. On August 7, 2021, Ms. Geary, the Cha irwoman of the Tamien
Nation, requested consultation to which draft materials were sent. Following this, a
specific request was made to consult with the City on Strategy ES-6.1.2: Recreation in
Depleted Mining Areas. However, there are no changes being proposed this General Plan
Strategy. This has been communicated to Chairwoman Geary on September 25, 2021. No
other requests for consultation have been received so far.
Environmental Impacts
Pursuant to the requirements of the California Environmental Quality Act (CEQA),
Addendum No. 5 (Attachment 4) to the Final Environmental Impact Report (EIR) for the
General Plan Amendment, Housing Element Update, and Associated Rezoning Project
(State Clearinghouse No. 2014032007) has been prepared. No subsequent or
supplemental environmental review is required because none of the conditions that
would require preparation of a subsequent or supplemental EIR pursuant to Public
Resources Code Section 21166 and CEQA Guidelines Section 15162 have occurred.
In addition, the adoption of the General Plan Amendments Municipal Code amendments
is not a project under the requirements of the California Environmental Quality Act,
Public Resources Code Section 21000 et. seq., and the State CEQA Guidelines, California
Code of Regulations Section 15000 et. seq., (collectively, “CEQA”) because it has no
potential for resulting in physical change in the environment. Even if the project were
found to be a project under CEQA, it would be subject to the CEQA exemption contained
in CEQA Guidelines section 15061(b)(3) (General Rule) because it can be seen with
certainty to have no possibility that the action approved may have a significant effect on
the environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
PC 09-28-2021
18 of 117
- 9 of 9 -
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the proposed action , the
adoption of new Environmental Protection Standards, would have no or only a de
minimis effect on the environment because it does not commit the City to any particular
project. In addition, the new Standard Environmental Protection Requirements consist of
previously adopted mitigation measures, City conditions of approval, existing regulatory
requirements and other best practices, and are adopted for the purpose of reducing the
effects of land use development and infrastructure projects on the environment.
Next Steps
The Planning Commission’s recommendation will be presented to the City Council for
its review and determination on whether to adopt the proposed General Plan
Amendment and Municipal Code Amendment or not. The City Council hearing is
tentatively scheduled for October 19, 2021.
_____________________________________
Prepared by: Piu Ghosh, Principal Planner
Reviewed and Approved for Submission by: Benjamin Fu, Director of Community
Development
Attachments:
1. Draft Resolution adopting Addendum No. 5 to the 2014 General Plan EIR and
General Plan Amendments GPA-2021-001
2. Draft Resolution adoption of Municipal Code Amendments MCA-2021-004
3. Document indicating timing of all items requested have objective standards adopted
4. Addendum No. 5 to the 2014 General Plan Final EIR
PC 09-28-2021
19 of 117
RESOLUTION NO. ________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ADDENDUM (ADDENDUM NO. 5 TO THE 2014
GENERAL PLAN EIR) ADDRESSING THE ENVIRONMENTAL
EFFECTS OF THE PROPOSED CHANGES TO THE GENERAL PLAN
AND THE MUNICIPAL CODE
The Planning Commission recommends that the City Council adopt the Draft Resolution
attached hereto as Exhibit 1 to adopt Addendum No. 5 to the 2014 General Plan Final EIR
and the General Plan amendments to clarify existing language in Chapter 3 and
emphasize language in Chapter 6.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City
of Cupertino this ____day of _________, ____, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ ______________________________
Piu Ghosh R. Wang
Planning Manager Chair, Planning Commission
PC 09-28-2021
20 of 117
Exhibit 1
RESOLUTION NO. [##-###]
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING AN ADDENDUM (ADDENDUM NO. 5) TO THE 2014 GENERAL
PLAN FINAL EIR AND APPROVAL OF MINOR MODIFICATIONS TO THE
GENERAL PLAN
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 prepared a Final Environmental Impact
Report for General Plan Amendment, Housing Element Update, and Associated
Rezoning Project (State Clearinghouse No. 2014032007) (“Final EIR”); and
WHEREAS, the City Council certified the Final EIR and approved the Project on
December 4, 2014; and
WHEREAS, the approved amendments to the General Plan and Municipal Code
Amendments (“Project”) consists of amendments to the existing language in the
General Plan to reduce ambiguity and adoption of standard environmental protection
requirements; and
WHEREAS, since certification of the Final EIR, the City has proposed certain
refinements to the Project consisting of clarifications of the existing language in the
General Plan without any changes to the intensity or density of development and
adoption of certain standard environmental protection requirements; and
WHEREAS, these activities constitute minor modifications to the Project and
none of the conditions requiring a subsequent or supplemental EIR as described in
Public Resources Code Section 21166 and CEQA Guidelines Section 15162 and Section
15163 have occurred; and
WHEREAS, the City has caused to be prepared an Addendum to the Final EIR
pursuant to CEQA Guidelines Section 15164 (“Fifth Addendum”); and
WHEREAS, the Addendum provides analysis and cites substantial evidence that
supports the conclusion that no subsequent environmental review is required because
there are no substantial changes in the Project or the circumstances under which the
Project is to be undertaken that would result in new or substantially more severe
environmental impacts requiring major revisions to the Final EIR, and there is no new
PC 09-28-2021
21 of 117
Exhibit 1
information that involves new significant environmental effects or a substantial increase
in the severity of previously identified environmental effects that would require
preparation of a subsequent or supplemental EIR pursuant to Public Resources Code
Section 21166 and CEQA Guidelines Sections 15162 and 15163; and
WHEREAS, the Addendum concluded that the significant and unavoidable
impacts to which the proposed Project will contribute were previously disclosed and
analyzed in the Final EIR; and
WHEREAS, the City held a duly noticed public hearing on the Addendum to the
EIR on October 19, 2021 to consider adoption of the Addendum to the Final EIR; and
WHEREAS, all individuals, groups and agencies desiring to comment were
given adequate opportunity to submit oral and written comments on the EIR and
Addendum; and
WHEREAS, by Resolution No. ___ the Planning Commission recommended that
the City Council adopt the Addendum to the Final EIR; and
WHEREAS, the changes made after publication of the Addendum, including any
changes recommended by the Planning Commission, do not change the conclusion that
none of the conditions requiring a subsequent or supplemental EIR as described in
Public Resources Code Section 21166 and CEQA Guidelines Section 15162 and Section
15163 have occurred; and
WHEREAS, the City Council has independently reviewed and considered the
information in the Addendum, which concludes that no further environmental review
is required for the refinements to the Project;
NOW, THEREFORE, BE IT RESOLVED that the City takes the following actions:
1. Determines that the Addendum reflects the independent judgment of the City.
2. Adopts the Addendum to the Final EIR for the General Plan Amendments
and Municipal Code Amendments to clarify existing language in the General
Plan in Chapters 3 and 6, and adoption of standard environmental protection
requirements
3. Approves the project refinements as shown in Exhibit A attached hereto and
incorporated herein by reference and authorizes the staff to make grammatical,
PC 09-28-2021
22 of 117
Exhibit 1
typographical, numbering, and formatting changes necessary to assist in
production of the final published General Plan.
PASSED and ADOPTED at a regular meeting of the City Council of the City of
Cupertino the ____day of ___________, 2021 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
__________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
PC 09-28-2021
23 of 117
DE
A
N
Z
A
JUNIPERO SERRA
ST
E
L
L
I
N
G
STEVENS CREEK
HOMESTEAD
TA
N
T
A
U
W
E
S
T
V
A
L
L
E
Y
BL
A
N
E
Y
BU
B
B
FO
O
T
H
I
L
L
WO
L
F
E
PROSPECT
MCCLELLAN
STEVENS CA
N
Y
O
N
MI
L
L
E
R
XX
X
LA
W
R
E
N
C
E
M
A
R
Y
BOLLINGER
ALVES
MONTEBELLO
JO
H
N
S
O
N
VOSS
ES
T
A
T
E
S
LOREE
REG
N
A
R
T
PO
R
T
A
L
TILSON
HY
D
E
JU
D
Y
BR
E
T
MA
N
N
PRUNERIDGE
LORNE
FI
N
C
H
BY
R
N
E
RODRIGUES
MERRITT
BA
N
D
L
E
Y
ST
E
R
N
VAI
WU
N
D
E
R
L
I
C
H
KIRWIN
KI
M
OR
A
N
G
E
C
R
E
S
T
O
N
COLUMBUS
PHIL
SC
E
N
I
C
PO
P
P
Y
WR
I
G
H
T
STOK
E
S
VALLCO
BARK
BE
A
R
D
O
N
CO
L
B
Y
WE
Y
B
U
R
N
LA MAR
ERIN
PH
A
R
L
A
P
R
A
E
C
R
I
S
T
O
R
E
Y
S
T
E
R
L
I
N
G
LI
N
N
E
T
D
E
O
D
A
R
A
PALM
FA
R
A
L
L
O
N
E
HE
R
O
N
BALBOA
VI
S
T
A
LAZANEO
CA
L
V
E
R
T
GIA
N
N
I
N
I
CHIALA
RAINBOW
SALEM
GREENLEAF
CA
S
T
I
N
E
WHEATON
LA
N
C
E
R
AL
P
I
N
E
BO
N
N
Y
DE
N
I
S
O
N
PR
I
M
R
O
S
E
LA
R
R
Y
AI
N
S
W
O
R
T
H
MA
X
I
N
E
F
E
S
T
I
V
A
L
WI
N
D
S
O
R
LA
R
K
RA
N
D
Y
BLUE HILL
TERRACE
GL
E
N
V
I
E
W
SCOFIELD
FARGO
LI
N
D
A
V
I
S
T
A
MARIANI
280
F
W
Y
R
A
M
P
WI
L
K
I
N
S
O
N
VALLEY GREEN
SHELLY
K
E
N
T
W
O
O
D
N
O
E
L
STAF
F
O
R
D
S
A
N
J
U
A
N
HYANNISPORT
DUMAS
GALLI
BL
U
E
J
A
Y
ALCALDE
GAS
C
O
I
G
N
E
HA
R
L
A
N
TIPTOE
PRICE
DE FOE
PE
R
I
M
E
T
E
R
ALCAZAR
CR
A
I
G
RIC
H
W
O
O
D
ARATA
DUNBAR
KE
N
T
SE
P
T
E
M
B
E
R
O
A
K
V
A
L
L
E
Y
MELV
I
N
WE
S
T
L
Y
N
N
PE
A
C
O
C
K
SUISUN
PENDLETON
SA
N
T
A
T
E
R
E
S
A
CUPERTINO
SUNRISE
L
I
N
D
Y
JO
H
N
HI
L
L
S
D
A
L
E
HU
B
B
A
R
D
UP
L
A
N
D
CA
R
V
E
R
NEWSOM
FL
O
R
A
V
I
S
T
A
ARB
O
R
E
T
U
M
LILAC
TOMPKINS
MI
N
E
R
JANICE
ANCOCK
LUCILLE
V
I
S
T
A
K
N
O
L
L
DE SOTO
LO
W
E
L
L
LONDONDERRY
HI
G
H
L
A
N
D
S
ST
J
O
S
E
P
H
PR
O
U
T
Y
MO
R
E
T
T
I
HANFORD
FALLEN LEAF
TU
L
A
PRESIDIO
KI
M
B
E
R
L
Y
P
E
N
I
N
S
U
L
A
MA
R
T
I
N
SA
I
C
H
ROSARIO
M
I
L
K
Y
WOO
D
S
POR
T
O
L
A
MA
R
I
A
BAH
L
BE
T
T
E
BARNHART
PHYLLIS
CASTANO
PACIFICA
AMAPOLA
LA
R
O
D
A
DRAKE
LO
C
K
W
O
O
D
D
E
M
P
S
T
E
R
COR
D
O
V
A
BE
T
L
I
N
ASPE
N
M
A
D
E
R
A
SA
M
E
D
R
A
FOREST
SW
A
L
L
O
W
WINDI
M
E
R
PA
S
A
D
E
N
A
TUGGLE
PENDERGAST
FORGE
C
A
N
Y
O
N
O
A
K
AN
T
O
N
S
A
N
T
A
L
U
C
I
A
LO
N
N
A
LI
L
Y
PL
U
M
T
R
E
E
CY
N
T
H
I
A
C
E
D
A
R
WATERFORD
SULLIVA
N
B
E
R
N
A
R
D
O
HI
L
L
C
R
E
S
T
LOMITA
BELVEDERE
E
L
M
S
F
O
R
D
MI
R
A
V
I
S
T
A
AR
L
I
N
G
T
O
N
RED
W
O
O
D
GARDEN GATE
TO
N
I
T
A
CA
R
M
E
N
N
O
V
E
M
B
E
R
PA
L
O
V
I
S
T
A
OA
K
T
R
E
E
HANNA
A
V
E
N
I
D
A
ST
M
A
R
Y
'
S
CO
R
V
E
T
T
E
MINE
T
T
E
CLAY
ME
A
D
O
W
OLIVE
MILFORD
EDWARD
PINEV
I
L
L
E
NO
R
W
I
C
H
S
Y
C
A
M
O
R
E
AV
O
N
D
A
L
E
ME
N
H
A
R
T
CASTLETON
AN
N
A
R
B
O
R
S
C
O
T
L
A
N
D
CLARENDON
MEDINA
ST
E
N
D
H
A
L
FE
L
T
O
N
ME
R
R
I
M
A
N
PA
R
L
E
T
T
BREN
T
OAKV
I
L
L
E
STARLING
BEE
C
H
W
O
O
D
SWISS CR
E
E
K
W
A
L
L
A
C
E
JA
M
E
S
T
O
W
N
SOMERSET
BELKNAP
BARR
A
N
C
A
AN
N
NORTHWOOD
AL
L
E
Y
HO
W
A
R
D
SILVERADO
AL
D
E
R
B
R
O
O
K
YO
R
K
S
H
I
R
E
RO
S
E
B
L
O
S
S
O
M
CHERYL
ST
O
N
E
H
E
A
V
E
N
SHARON
B
E
A
U
C
H
A
M
P
S
A
R
R
O
W
H
E
A
D
RIVERSI
D
E
LA CONNER
LAURETTA
HEATHERWOOD
BA
X
T
E
R
AD
R
I
A
N
A
VI
A
R
O
N
C
O
L
E
MAUREEN
MELODY
CORONADO
TE
R
R
Y
W
I
I
N
S
T
O
N
BIXBY
AMULET
MEIGGS
VINEYA
R
D
CU
L
B
E
R
T
S
O
N
WE
S
T
A
C
R
E
S
BA
Y
W
O
O
D
SHADOWHILL
RUMFORD
PA
R
K
W
O
O
D
NO
R
A
N
D
A
SHASTA
LEEDS
E
M
P
I
R
E
GILLIC
K
LONGDOWN
BEEKMAN
ST F
R
A
N
C
I
S
HO
L
L
E
N
B
E
C
K
SAN FERNANDO
BL
U
E
H
I
L
L
S
AMHERST
VIC
K
S
B
U
R
G
AN
S
O
N
HU
N
T
E
R
S
T
O
N
DAVIS
O
N
GRENOLA
KI
N
T
Y
R
E
NORMANDY
BENTOAK
PAYETTE
ELM
F
I
R
LA
H
E
R
R
A
N
TU
L
I
P
A
N
A
S
T
E
R
TO
R
R
E
LE
B
A
N
O
N
CRA
F
T
CHRISTENSEN
STANFORD
DOLORES
MO
N
T
C
L
A
I
R
POCATELL
O
AL
H
A
M
B
R
A
C
E
M
E
T
E
R
Y
GL
E
N
HU
D
S
O
N
BE
L
L
E
V
I
L
L
E
HU
N
T
I
N
G
T
O
N
S
E
Q
U
O
I
A
GRANADA
RICARDO
HAZELBROOK
OA
K
C
R
E
E
L
EDSEL
HERMOSA
HARTMAN
MO
R
E
N
G
O
FR
A
N
C
O
GARDENA
VIA VICO
CLIFDEN
ORION
CA
S
S
DA
N
B
U
R
Y
NEWCASTLE
LA
S
A
L
L
E
S
A
N
T
A
C
L
A
R
A
LA
U
R
E
N
T
I
A
N
DE
R
B
Y
S
H
I
R
E
RAMP
A
R
T
ROBINDELL
H
E
N
E
Y
C
R
E
E
K
CA
N
A
R
Y
SHADYGROVE
DARTMOOR
SANTA PAULA
CA
L
G
A
R
Y
PUMPKIN
DR
Y
D
E
N
KRZICH
PEPPER TREE
HI
B
I
S
C
U
S
RU
P
P
E
L
L
PA
R
I
S
H
FE
R
N
G
R
O
V
E
PEACH BLOSSOM
DEVON
WOODRIDGE
SERRA
R
E
S
U
L
T
S
FR
I
A
R
S
METEOR
IM
P
E
R
I
A
L
CH
A
C
E
PI
N
E
C
R
E
S
T
E
D
D
I
N
G
T
O
N
BUR
N
E
T
T
LAS ONDAS
CREEKLINE
BU
C
K
T
H
O
R
N
E
MER
C
E
D
E
S
LA
P
A
L
O
M
A
IN
F
I
N
I
T
E
L
O
O
P
GREENWOOD
M
I
M
O
S
A
FI
R
W
O
O
D
GL
E
N
C
O
E
SELKIR
K
LA
N
S
D
A
L
E
C
R
I
C
K
E
T
H
I
L
L
SOLA
ME
A
D
O
W
L
A
R
K
TU
S
C
A
N
Y
CO
L
D
H
A
R
B
O
R
AN
D
O
V
E
R
M
A
N
Z
A
N
I
T
A
OL
M
O
WH
I
T
N
E
Y
BR
O
O
K
G
R
O
V
E
PARNELL
HALL
DE LA FARGE
P
E
N
I
N
S
U
L
A
R
GRAND
ST
A
U
F
F
E
R
ORANGE BLOSSOM
WOOD
V
I
E
W
RALYA
PEAR TREE
CR
E
S
T
L
I
N
E
QU
A
I
L
KE
S
T
E
R
RI
D
G
E
V
I
E
W
PR
U
N
E
T
R
E
E
DONEGAL
CLI
F
F
O
R
D
ACADIA
ALMADEN WE
S
T
E
R
N
HAM
M
O
N
D
RUCKER
ST
O
N
Y
D
A
L
E
JO
H
A
N
S
E
N
NILE
LO
N
G
F
E
L
L
O
W
LI
N
D
S
A
Y
KA
M
S
A
C
K
WOODBURY
CALI
CARLYSLE
BA
N
F
F
APPLE TREE
SH
E
T
L
A
N
D
MONROVIA
CODY
HA
L
E
AUBURN
ELENDA
MY
E
R
CH
E
L
M
S
F
O
R
D
OX
F
O
R
D
JA
C
Q
U
E
L
I
N
E
WILDFLOWER
BA
R
B
A
R
A
GREENOA
K
CAR
T
A
B
L
A
N
C
A
PA
R
A
D
I
S
E
LIND
E
N
B
R
O
O
K
W
O
O
D
H
I
L
L
LA GRANDE
CH
E
R
R
Y
T
R
E
E
HOLLANDERRY
SHATTUCK
TWIG
NE
W
B
R
U
N
S
W
I
C
K
KINGSBURY
MONTE
SA
R
A
T
O
G
A
S
U
N
N
Y
V
A
L
E
RUNO
PR
A
D
O
V
I
S
T
A
OLIVEWOOD
CL
A
R
K
S
T
O
N
MAS
O
N
M
A
D
R
O
N
E
MA
R
T
I
N
W
O
O
D
RO
S
E
G
A
R
D
E
N
EN
G
L
I
S
H
O
A
K
VIA
M
A
D
E
R
O
S
MAGELLAN
C
H
A
N
T
E
L
ANNE
ATHERWOOD
CA
M
I
N
O
V
I
S
T
A
RE
G
E
N
T
CELESTE
RANDOLPH
LOCKSUNART
MOLTZEN
DA
W
S
O
N
ST
M
A
R
K
DEXTER
BALDWIN
OROGRANDE
SQUIREWOOD
LE
O
N
A
R
D
G
R
A
N
T
VI
A
L
O
M
B
A
R
D
I
ST AND
R
E
W
S
VIA HUERTA
WH
I
T
E
O
A
K
WOODLARK
AM
E
L
I
A
LIVERPOOL
DEAN
KE
N
N
E
W
I
C
K
BL
A
Z
I
N
G
W
O
O
D
PATRIOT
HOLLY OAK
MC
G
R
E
G
O
R
JULIE
FOLKESTONE
BLA
C
K
O
A
K
MARSHALL
C
O
L
O
N
Y
H
I
L
L
S
OAKVIEW
WE
Y
M
O
T
H
JO
L
L
Y
M
A
N
BROOKWELL
CALABAZAS
PARK VILLA
STEVENS
M
I
R
A
M
O
N
T
E
KODIAK
ES
Q
U
I
R
E
MILLARD
RA
M
O
N
A
D
O
R
O
T
H
Y
A
N
N
E
WI
L
L
CI
T
A
T
I
O
N
SQUIREHILL
SC
E
N
I
C
H
E
I
G
H
T
S
MACKENZIE
WESTMOOR
AUGUS
T
WALNUT
BIGOAK
NA
R
C
I
S
O
CEDAR TREE
BR
E
W
E
R
KRING
SORENSON
V
I
L
L
A
D
E
A
N
Z
A
BERLAND
SILVER OAK
OCTOBER
B
R
O
O
K
V
A
L
E
PIN
E
B
R
O
O
K
WE
S
T
H
I
L
L
VI
A
S
O
R
R
E
N
T
O
CA
R
O
L
L
E
E
WISTARIA
FO
R
T
B
A
K
E
R
CEDARBROOK
RI
E
D
E
L
GLENTREE
WALLI
N
MELLO
EL
P
R
A
D
O
F
L
O
R
E
N
C
E
DUCKETT
TE
R
R
A
B
E
L
L
A
JUNIP
E
R
TWILIGHT
T
R
E
S
S
L
E
R
CY
P
R
E
S
S
NOONAN
RIT
A
N
N
A
STARRETT
OAKDELL
PA
R
K
S
I
D
E
GA
L
W
A
Y
T
O
N
I
MURIEL
EDMINTON
NO
R
T
H
S
K
Y
FALL
BI
A
N
C
H
I
LAMBETH
NORTHWIND
MA
N
I
T
A
CO
T
T
O
N
W
O
O
D
MA
D
R
I
D
OR
L
I
N
E
A
L
I
C
I
A
S
I
E
R
R
A
S
P
R
I
N
G
LO
C
H
L
O
M
O
N
D
MA
R
I
A
R
O
S
A
NO
R
T
H
P
O
I
N
T
CLEO
CALLE DE BARCELONA
CH
A
R
S
A
N
PALO
M
A
E
L
D
E
R
W
O
O
D
AM
I
S
T
A
D
AL
B
A
T
R
O
S
S
AN
N
E
T
T
E
EVULICH
GR
O
V
E
L
A
N
D
UN
I
T
E
D
GARDENVIEW
CORTE MADERA
ON
T
A
R
I
O
VENTANA
WILLOWGROVE
MACADAM
VARIAN
VIA PALAM
O
S
BALUS
T
R
O
L
CR
O
W
N
ROLLINGDELL
ORCHARD
LO
C
K
H
A
V
E
N
EL
S
E
R
E
N
O
COZETTE
SUTTON PARK
OAK
N
O
L
L
SW
E
E
T
O
A
K
LA
M
O
N
T
PA
R
K
C
I
R
C
L
E
ME
L
I
S
S
A
TULITA
SUNDERLAND
QUEENS OAK
VI
A
P
A
V
I
S
O
RO
N
A
L
D
ECHO HILL
SE
R
E
N
O
PI
N
O
L
E
PR
I
V
A
T
E
S
T
CLU
B
H
O
U
S
E
MURANO
DANIEL
PLUM BLOSSOM
DO
V
E
O
A
K
NI
G
H
T
I
N
G
A
L
E
COLLINGSWORTH
CORY
PE
R
A
L
T
A
WH
I
T
E
F
I
R
GARDENSIDE
BEA
V
E
N
SHADY OAK
PRING
NO
R
T
H
F
O
R
D
E
W
E
S
T
S
H
O
R
E
CA
L
I
F
O
R
N
I
A
O
A
K
EA
T
O
N
VI
R
G
I
N
I
A
S
W
A
N
LU
C
K
Y
O
A
K
LI
B
E
R
T
Y
P
I
N
N
T
A
G
E
LA PLAYA
AC
A
C
I
A
CARNO
U
S
T
I
E
GR
I
N
E
L
L
OA
K
S
P
R
I
N
G
PARKVIEW
MO
S
S
Y
O
A
K
BY
E
R
L
Y
LA
J
O
L
L
A
CATALANO
OASIS
SAKURA
MC
L
A
R
E
N
CARRIAGE
RIFREDI
NO
R
T
H
S
E
A
L
SW
A
N
O
A
K
ORANGEWOOD
MAPLETREE
SEEBER
CARTWRIGHT
CH
E
T
A
M
O
N
CLO
V
E
R
L
Y
RE
D
O
N
D
O
SH
A
S
T
A
S
P
R
I
N
G
TOMKI
CLASSIC
LANGPORT
R
I
V
I
E
R
A
MINE
DR
E
A
OL
D
T
O
W
N
BRENDA
MO
N
T
E
R
E
Y
BENE
T
T
I
NORTHVIEW
CE
D
A
R
S
P
R
I
N
G
OAK MEADOW
RA
N
C
H
O
TAMARIND
CAP
I
L
L
A
KR
I
S
T
A
CH
A
D
W
I
C
K
CONRADIA
VE
R
N
I
E
REINELL
CREEKSIDERIVERCREST
KINST
L
E
O
N
G
ALD
E
R
N
E
Y
AM
A
D
O
R
O
A
K
WINDSOR
MI
R
A
V
I
S
T
A
CYNTHIA
X
X
X
AR
L
I
N
G
T
O
N
BO
N
N
Y
KIMBERLY
RA
I
N
B
O
W
FO
R
G
E
RA
N
D
Y
AV
O
N
D
A
L
E
XX
X
FI
R
ME
A
D
O
W
PE
A
C
O
C
K
NEWSOM
BARNHART
XXX
SILVER OAK
HOWARD
XXX
CA
R
M
E
N
S
T
E
V
E
N
S
C
R
E
E
K
XXX
X
X
X
LA
H
E
R
R
A
N
JOH
N
PA
L
O
M
A
GL
E
N
C
O
E
MA
R
Y
MA
R
I
A
N
I
XX
X
DE
O
D
A
R
A
XX
X
IM
P
E
R
I
A
L
XXX
BU
B
B
BOLL
I
N
G
E
R
HERON
XXX
XX
X
XXX
RIVE
R
S
I
D
E
XX
X
AS
T
E
R
XXX
XXX
VI
S
T
A
LI
N
D
A
V
I
S
T
A
PACIFICA
KI
N
T
Y
R
E
POPPY
LO
C
K
W
O
O
D
RAINBOW
CRAIG
ME
R
R
I
M
A
N
XX
X
YO
R
K
S
H
I
R
E
IMPERI
A
L
Crossroads
Area
1
4
3
2
5
6
7
STEVENS CREEK BLVD
ST
E
L
L
I
N
G
R
D
BU
B
B
R
D
DE
A
N
Z
A
B
L
V
D
PROSPECT RD
LI
N
D
A
V
I
S
T
A
D
R
TERRACE DR
MC C L E L L A N R D
FO
O
T
H
I
L
L
B
L
V
D
STE V E NS CR E E K B LVD
BL
A
N
E
Y
A
V
E
HOMESTEAD RD
WO
L
F
E
R
D
PRUN E R I DGE
TA
N
T
A
U
A
V
E
VALLCO PKYPE
R
I
M
E
T
E
R
R
D
PE
R
I
M
E
T
E
R
R
D
TA
N
T
A
U
A
V
E
BARNHART AVE
JO
H
N
S
O
N
A
V
E
BOLLINGER RD
ST
E
L
L
I
N
G
R
D
Garden
Gate DE
A
N
Z
A
B
L
V
D
HOMESTEAD RD
LA
W
R
E
N
C
E
E
X
P
Y
RAINBOW DR
BL
A
N
E
Y
A
V
E
ST
E
L
L
I
N
G
A
V
E
MI
L
L
E
R
A
V
E
TA
N
T
A
U
A
V
E
MCCLELLAN RD
PROSPECT RD
RAINBOW DR
Deep Cliff
Golf Course
Linda
Vista
Park
Rancho San
Antonio Open
Space Preserve
Gate of Heaven
Cemetary
Varian
Park
Cupertino
Sports
Center
Jollyman
Park
Three Oaks
Park
Hoover
Park
Creekside
Park
Wilson
Park
Sterling
Barnhart
Park
Rancho
Rinconada
County Park
Portal
Park
Somerset
Park
Monta
Vista
Park
Blackberry Farm
Golf Course
McClellan
Ranch
Park
Fremont Older
Open Space
Preserve
Franco
Park
Lincoln
Elementary
School
Kennedy
Middle
School
Monta Vista
High School
Regnart
Elementary
School
Eaton
Elementary
School
Saint Joseph of
Cupertino School
Garden Gate
Elementary
School
Stevens Creek
Elementary
School
William Faria
Elementary
School
Sedgwick
Elementary
School
Montebello
Elementary
School
Lawson
Middle
School
Collins
Elementary
School
Hyde
Middle
School
Cupertino
High
School
Homestead
High School
Apple
Campus 2
Hil
l
s
i
d
e
T
r
a
n
s
i
t
i
o
n
280
280
280
85
85
SARATOGA
SUNNYVALE
SANTA CLARA
STEVENS CREEK BLVD
WO
L
F
E
R
D
DE
A
N
Z
A
B
L
V
D
DE
A
N
Z
A
B
L
V
D
HOMESTEAD RD
Maximum Residential Density
Per Maximum density as indicated
in the General Plan Land Use Map; 15 units per acre for Neighborhood
Commercial Centers Sites
Homestead Special Area
North Vallco Park Special Area
Maximum Residential Density
Up to 35 units per acre per General Plan Land Use Map
15 units per acre (two parcels at southeast corner of Homestead
Rd and Blaney Ave).
All other areas - Maximum density as indicated in the General Plan
Land Use Map or 35 units per acre where none indicated.
Maximum Residential Density
25 units per acre
Maximum Residential Density
Maximum density is 25 units per acre
Maximum Residential Density
North of Bollinger Rd - maximum density is 25 units per acre (north of
Bollinger)
South of Hwy 85 - maximum residential is 5-15 units per acre
(South of 95)
Maximum Residential Density
20 units per acre
Maximum Residential Density
Up to 25 units per acre per General Plan Land Use Map or
South Vallco -35 units per acre (South
Vallco)
All other areas - Maximum density as indicated in the Heart of the City Land Use Map and, if none indicated, 25 units per acre
Maximum Residential Density
Up to 15 units per acre, per General
Plan Land Use Map
Maximum density as indicated in the
General Plan Land Use Map, and if
none indicated, 15 units per acre
Heart of the City Special Area
North De Anza Special Area
South De Anza Special Area
Monta Vista Village Special Area
Bubb Road Special Area
Vallco Shopping District Special Area
Neighborhoods
Maximum Height
45 feet
Regional Shopping/Residential
Maximum Residential Density
35 units per acre in areas identified in Figure LU-4
Minimum Residential Density
29.7 units per acre in areas identified in Figure LU-4
Maximum Height
Up to 60 feet
Maximum Height
45 feet
Maximum Height
Up to 30 feet
Regional Shopping
Maximum Residential Density
N/A - residential is not a permitted use
Maximum Height
Up to 60 feet
Maximum Height
60 feet
Maximum Height
45 feet, or 30 feet
where designated by
hatched line
Maximum Height
30 feet
Maximum Height
30 feet
Maximum Height 30 feet, or 45 feet (south side between De Anza and Stelling)
North De Anza Gateway
Maximum Residential Density
35 units per acre
Maximum Height
45 feet
Hotel Development for APN 326-10-061:
Maximum Height 85 feet (The City will reconsider
this height limit if building permits for the hotel project
approved on March 3, 2020 are not issued by March 3, 2025.)
Stelling Gateway
West of Stelling Road:
Maximum Residential Density
15 units per acre (southwest
corner of Homestead and
Stelling Roads) 35 units per
acre (northwest corner of
I-280 and Stelling Road)
Maximum Height
30 feet
East of Stelling Road:
Maximum Residential Density
35 units per acre
Maximum Height
45 feet
Oaks Gateway
Maximum Residential Density
25 units per acre
Maximum Height
45 feet
North Crossroads Node
Maximum Residential Density
25 units per acre
Maximum Height
45 feet
South Vallco Park
Maximum Residential Density
35 units per acre
Maximum Height
45 feet, or 60 feet with retail
North Vallco Gateway
West of Wolfe Road:
Maximum Residential Density
25 units per acre
Maximum Height
60 feet
East of Wolfe Road:
Maximum Residential Density
25 units per acre
Maximum Height
75 feet (buildings located within 50 feet
of the property lines abutting Wolfe
Road, Pruneridge Avenue and Apple
Campus 2 site shall not exceed 60 feet)
City Center Node
Maximum Residential Density
25 units per acre
Maximum Height
45 feet or as existing approved with past
height exceptions, for existing taller buildings
Building Planes:
• Maintain the primary building bulk below a 1:1 slope line drawn from the arterial/boulevard curb line or lines
except for the Crossroads Area. Architectural features that do not include usable area may encroach into the
slope line.
• For the Crossroads area, see the Crossroads Streetscape Plan.
• For projects outside of the Vallco Shopping District Special Area that are adjacent to residential areas: Heights
and setbacks adjacent to residential areas will be determined during project review, Where slope lines or
other applicable height and setback limits for projects adjacent to residential areas is not established in a
specific plan, conceptual zoning plan or land use plan and in any adopted design guidelines, this will be
established during project review.
• For projects within the Vallco Shopping District Special Area that are adjacent to the North Blaney/Portal
neighborhood: Maintain the building below a 2:1 slope line drawn from the adjacent residential property line.
• For the North and South Vallco Park areas: Maintain the primary building bulk below a 1.5:1 (i.e., 1.5 feet of
setback for every 1 foot of building height) slope line drawn from the Stevens Creek Blvd. and Homestead Road
Legend
City Boundary
Special Areas
Homestead
North Vallco Park
Vallco Shopping District
North De Anza
South De Anza
Bubb Road
Monta Vista Village
Avenues (Major Collectors)
Boulevards (Arterials)
Key Intersections
Neighborhood Centers
Heart of the City Hillside Transition
Urban Service Area
Sphere of Influence
Urban Transition
Avenues (Minor Collectors)
Neighborhoods
Neighborhoods
curb lines and below 1:1 slope line drawn from Wolfe Road and Tantau Avenue curb line. Architectural
features that do not include usable area may encroach into the slope line.
• Parcel APN 326-10-061 within the N. De Anza Gateway: For hotel development, maintain the building
below the variable slope lines as shown in Figure LU-5. For all other developments, the 1:1 slope line
shall be maintained.
Rooftop Mechanical Equipment: Rooftop mechanical equipment and utility structures may exceed
stipulated height limitations if they are enclosed, centrally located on the roof and not visible from
adjacent streets.
Priority Housing Sites: Notwithstanding the heights and densities shown above, the maximum heights
and densities for Priority Housing Sites identified in the adopted Housing Element other than the
Vallco Shopping District Special Area shall be as reflected in the Housing Element. The Vallco
Shopping District Special Area shall be subject to the heights and densities shown above, with
residential uses permitted in the Regional Shopping/Residential designation as shown in Figure LU-4.
Figure LU-2
COMMUNITY FORM DIAGRAM
PC 09-28-2021
24 of 117
CHAPTER 3: LAND USE AND COMMUNITY DESIGN ELEMENT | general plan (community vision 2015 - 2040)
BALANCED COMMUNITY
The City seeks to balance future growth and development in order create a more
complete community. This includes ensuring a mix of land uses that support
economic, social and cultural goals in order to preserve and enhance Cupertino’s
great quality of life.
POLICY LU-1.1: LAND USE AND
TRANSPORTATION
Focus higher land use intensities
and densities within a half-mile of
public transit service, and along major
corridors.Figure LU-2 indiciates the
maximum residential densities for
sites that allow residential land uses.
POLICY LU-1.2: DEVELOPMENT
ALLOCATION
Maintain and update the development
allocation table (Table LU-1) to ensure
that the allocations for various land
uses adequately meet city goals.
STRATEGIES:
LU-1.2.1: Planning Area Allocations.
Development allocations are assigned
for various Planning Areas. However,
some flexibility may be allowed
for transferring allocations among
Planning Areas provided no significant
environmental impacts are identified
beyond those already studied in the
Environmental Impact Report (EIR) for
Community Vision 2040.
GOAL LU-1
Create a balanced community with a mix of
land uses that supports thriving businesses,
all modes of transportation, complete
neighborhoods and a healthy community
LU-11
PC 09-28-2021
25 of 117
POLICY LU-13.1: HEART OF THE CITY
SPECIFIC PLAN
The Heart of the City Specific Plan
provides design standards and
guidelines for this area, which
promote a cohesive, landscaped
boulevard that links its distinct sub-
areas and is accessible to all modes
of transportation.
POLICY LU-13.2: REDEVELOPMENT
Encourage older properties along
the boulevard to be redeveloped
and enhanced. Allow more intense
development only in nodes and
gateways as indicated in the
Community Form Diagram
(Figure LU-2).
HEART OF THE CITY SPECIAL AREA
The Heart of the City will remain the core commercial corridor in Cupertino, with a
series of commercial and mixed-use centers and a focus on creating a walkable,
bikeable boulevard that can support transit. General goals, policies and strategies
(as identified in Goal LU-13) will apply throughout the entire area; while more
specific goals, policies, and strategies for each subarea are desgined to address
their individual settings and characteristics and are identified in Goals LU-14
through LU-18.
CHAPTER 3: LAND USE AND COMMUNITY DESIGN ELEMENT | general plan (community vision 2015 - 2040)
GOAL LU-13
Ensure a cohesive, landscaped boulevard
that supports all modes of transportation,
links its distinct and active commercial
and mixed-use sub-areas and notes, and
creates a high-quality, distinct community
image and a vibrant heart for Cupertino
LU-41
PC 09-28-2021
26 of 117
CHAPTER 6: ENVIRONMENTAL RESOURCES AND SUSTAINABILITY ELEMENT
general plan (community vision 2015 - 2040)
POLICY ES-6.1: MINERAL RESOURCE
AREAS
Cooperatively work with Santa Clara
County to ensure that plans for
restoration and mining operations at
Lehigh Hanson and Stevens Creek
quarries consider environmental
impacts and mitigations.
STRATEGIES:
ES-6.1.1: Public Participation.
Strongly encourage Santa Clara
County to engage with the affected
neighborhoods when considering
changes to restoration plans and
mineral extraction activity.
ES-6.1.2: Recreation in Depleted Mining
Areas.
Consider designating abandoned
quarries for passive recreation to
enhance plant and wildlife habitat and
rehabilitate the land.
MINERAL RESOURCES
The City seeks to minimize the impacts of mineral resource operations on the
community.
GOAL ES-6
Minimize impacts of
available mineral resources
ES-23
PC 09-28-2021
27 of 117
1
RESOLUTION NO. ________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE ADDING A NEW CHAPTER 17.04
(STANDARD ENVIRONMENTAL PROTECTION REQUIREMENTS)
TO THE CUPERTINO MUNICIPAL CODE
_____________________________________________________________________________
The Planning Commission recommends that the City Council:
1. Determine that Project is not a project under the requirements of the California
Environmental Quality Act, Public Resources Code Section 21000 et. seq., and the
State CEQA Guidelines, California Code of Regulations Section 15000 et. seq.,
(collectively, “CEQA”) because it has no potential for resulting in physical change
in the environment. In the event that it is found to be a project under CEQA, it is
subject to the CEQA exemption contained in CEQA Guidelines Section 15061(b)(3)
(General Rule) because it can be seen with certainty to have no possibility that the
action approved may have a significant effect on the environment. CEQA applies
only to actions which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. In this circumstance, the proposed action, the
adoption of new standard environmental protection requirements, would have no
or only a de minimis effect on the environment because it does not commit the City
to any particular project. In addition, the new standard environmental protection
requirements consist of previously adopted mitigation measures, City conditions
of approval, existing regulatory requirements, and other best practices and are
adopted for the purpose of reducing the effects of land use development and
infrastructure projects on the environment.
2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City
of Cupertino this ____day of _________, ____, by the following roll call vote:
AYES:
NOES:
PC 09-28-2021
28 of 117
Ordinance No. __________
Page 2
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ ______________________________
Piu Ghosh R. Wang
Planning Manager Chair, Planning Commission
PC 09-28-2021
29 of 117
3
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADDING CHAPTER 17.04 (STANDARD ENVIRONMENTAL PROTECTION
REQUIREMENTS) TO THE CUPERTINO MUNICIPAL CODE
The City Council of the City of Cupertino finds that:
1. WHEREAS, requiring all projects involving construction, grading, excavation, or
tree removal activity that require a permit or approval by the City to comply with
applicable standard environmental protection requirements, based on objective
standards, will reduce the environmental consequences of projects that are not
subject to review under the California Environmental Quality Act; and
2. WHEREAS, amending the Cupertino Municipal Code to specify the standard
environmental protection requirements that apply to projects for which City
permits for or approval of construction, grading, excavation, or tree removal
activity is required will provide certainty to project applicants; and
3. WHEREAS, the City Council desires to have objective standards applicable to
projects that are clear and understandable to ensure there are no unacceptable
risks to human health or safety or the environment; and
4. WHEREAS, the Planning Commission held a duly noticed public hearing on
September 28. 2021 regarding the proposed ordinance; and
3. WHEREAS, the City of Cupertino wishes to adopt the standard environmental
protection requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The City of Cupertino hereby adopts Standard Environmental Protection Requirements
and amends the Cupertino Municipal Code as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
PC 09-28-2021
30 of 117
Ordinance No. __________
Page 4
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in eff ect after the
invalid portion has been eliminated. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be construed as continuations of those provisions a nd not as an
amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, Public Resources Code Section 21000 et. seq., and, together with related State
CEQA Guidelines, California Code of Regulations Section 15000 et. seq., (collectively,
“CEQA”) because it has no potential for resulting in physical change in the environment.
In the event that this Ordinance is found to be a project under CEQA, it is subject to the
CEQA exemption contained in CEQA Guidelines Section 15061(b)(3) (General Rule)
because it can be seen with certainty to have no possibility that the action approved may
have a significant effect on the environment. CEQA applies only to actions which have
the potential for causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA.
In this circumstance, the proposed action, adoption of new standard environmental
protection requirements, would have no or only a de minimis effect on the environment
because it does not commit the City to any particular project. In addition, the new
standard environmental protection requirements consist of previously adopted
mitigation measures, City conditions of approval, existing regulatory requirements, and
other best practices and are adopted for t he purpose of reducing the effects of land use
development and infrastructure projects on the environment. The foregoing
determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty (30) days after adoption as provided by
Government Code Section 36937.
PC 09-28-2021
31 of 117
Ordinance No. __________
Page 5
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on October 19,
2021, and ENACTED at a regular meeting of the Cupertino City Council on November
2, 2021, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
__________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
__________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
__________________
Chris Jensen, City Attorney
________________________
Date
PC 09-28-2021
32 of 117
Attachment A – Page 1
Attachment A – Adding Chapter 17.04 (Standard Environmental Protection
Requirements)
The sections of the Cupertino Municipal Code set forth below are adopted as follows:
Add new Chapter 17.04 (Standard Environmental Protection Requirements) to Title 17
CHAPTER 17.04 Standard Environmental Protection Requirements
Section
17.04.010 Purpose
17.04.020 Definitions
17.04.030 Applicability
17.04.040 Standard Environmental Protection Technical Report Submittal Requirements
17.04.050 Standard Environmental Protection Permit Submittal Requirements
17.04.060 Violations
17.04.010 Purpose.
The purpose of this chapter is to identify standard environmental protection
requirements that all construction projects must meet, including but not limited to
environmental mitigation measures identified in any environmental documents required
as part of a General Plan update.
17.04.020 Definitions.
The following words and phrases when used in this chapter shall have the following
meanings set forth in this section:
A. “Applicable Construction Document” means a construction management plan or a
permit plan, which are the project plans associated with permit applications.
B. “Approval” means issuance of permits under Title 18 or Title 19, and when permits
pursuant to Title 18 or Title 19 are not required issuance of other required City permits
by the City of Cupertino.
C. “Construction Management Plan” means a document that includes the details the
construction manager is required to enforce to minimize potential construction
impacts related to construction crew parking, equipment staging, off -site circulation,
noise, and air quality on residents and commercial operations during the construction
phase.
PC 09-28-2021
33 of 117
Ordinance No. __________
Page 2
Standard Environmental Protection Requirements - Page 2
D. “Construction” or “Ground-disturbing activities” include any paving, excavation, soil
removal, grading, utility trenching, removal of foundations and structures, regardless
of whether the soils have been previously disturbed or not.
E. “Permit” means any discretionary or ministerial permit or approval that is required
pursuant to Title 14, Title 16, Title 18, or Title 19 of the Cupertino Municipal Code to
allow a project.
F. “Permit Plan” means any project plan(s) that are required for permit approval
pursuant to Title 14, Title 16, Title 18, or Title 19 of the Cupertino Municipal Code to
allow a project.
G. “Project” means any construction, ground-disturbing activity, or tree removal
activity.
H. “Project Applicant” means the project proponent or property owner.
I. “Regulated Projects” means any development that is subject to oversight by an
environmental regulatory agency, including but not limited to oversight by the State
Water Resources Control Board and other similar agencies.
J. “Sensitive Receptor” means the types of land uses, populations, and buildings or
structures that are considered sensitive to air pollution, noise, and vibration.
1. Air quality-sensitive population groups include children, the elderly, the acutely
ill, and the chronically ill, especially those with cardiorespiratory diseases.
Disadvantaged communities identified in CalEnviroScreen 3.0 (i.e., environmental
justice communities), as subsequently revised, supplemented, or replaced, may be
disproportionately affected by and vulnerable to poor air quality.
2. Noise-sensitive receptors include land uses where quiet environments are
necessary for enjoyment and public health and safety. Residences, schools, hotels,
libraries, religious institutions, hospitals, and nursing homes are examples.
3. Vibration-sensitive receptors include land uses residences and buildings where
people normally sleep (e.g., residences and hotels, and buildings or structures that
are susceptible to architectural damage (e.g., non-engineered timber and masonry
buildings and historic buildings).
K. “Tenant Improvement” means any construction activity that modifies interior space
in non-residential space.
L. “Tree” means Protected Trees and Public Trees under the Cupertino Municipal Code,
unprotected trees, or any other vegetation suitable for nesting birds.
PC 09-28-2021
34 of 117
Ordinance No. __________
Page 3
Standard Environmental Protection Requirements - Page 3
17.04.030 Applicability and Demonstration of Compliance.
A. Every project within the City of Cupertino shall comply with all applicable standard
environmental protection requirements identified in Section 17.04.040 and Section
17.04.050.
B. Compliance with the requirements shall be demonstrated as follows:
1. For all non-residential projects, residential projects involving the development of
four or more residential units, and mixed-use projects, 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.
2. For residential projects with three or fewer units, for residential
additions/remodels and Tenant Improvements, compliance shall be demonstrated
on permit plans to the satisfaction of the City.
3. For projects that do not require the issuance of a permit and for tree removal
projects, the property owner must demonstrate compliance by ensuring that all
applicable standard environmental protection requirements are implemented.
17.04.040 Standard Environmental Protection Technical Report Submittal
Requirements.
Every project shall implement the following standard environmental protection technical
report submittal requirements, which reports are subject to third-party peer review under
the direction of the City at the applicant’s cost, prior to the approval of the project unless
they are not applicable to the project as demonstrated by a written explanation of why
any standard environmental protection technical report submittal requirement is not
applicable to the project, subject to the review and approval of the Director of Community
Development and/or the City Engineer, or his or her designee, as appropriate:
A. Air Quality
1. Control Diesel Particulate Matter from Non-Residential Projects During
Operation. Applicants for new non-residential land uses within the city that either
have the potential to generate 100 or more diesel truck trips per day or have 40 or
more trucks with operating diesel-powered Transport Refrigeration Units (TRUs),
or are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals,
nursing homes), as measured from the property line of the project to the property
line of the nearest sensitive use, shall:
a. Prepare and submit an operational Health Risk Assessment (HRA) for
approval by the City prior to approval of the project.
PC 09-28-2021
35 of 117
Ordinance No. __________
Page 4
Standard Environmental Protection Requirements - Page 4
b. The HRA shall be prepared in accordance with policies and procedures of the
State Office of Environmental Health Hazard Assessment (OEHHA) and the
Bay Area Air Quality Management District (BAAQMD).
c. If the HRA shows that the incremental cancer risk exceeds ten in one million
(10E-06), PM2.5 concentrations exceed 0.3 micrograms per cubic meter (μg/m3),
or the appropriate noncancer hazard index exceeds 1.0, the project applicant
shall be required to identify and demonstrate that Best Available Control
Technologies for Toxics (T-BACTs) are capable of reducing potential cancer
and noncancer risks to an acceptable level, including appropriate enforcement
mechanisms.
d. T-BACTs identified in the HRA shall be indicated in the appropriate applicable
construction document prior to approval of the project. T-BACTs may include
the following measures from BAAQMD’s Planning Heathy Places Guidebook but
are not limited to:
i. Restricting nonessential idling on-site to no more than two minutes.
ii. Providing electric charging capable truck trailer spaces to accommodate
Zero Emissions (ZE) Trucks.
iii. Providing electric charging capable warehousing docks to accommodate
ZE Transport Refrigeration Units (TRUs).
iv. Requiring use of Near Zero Emissions (NZE) or ZE equipment (e.g., yard
trucks and forklifts) and/or vehicles.
v. Restricting offsite truck travel through the creation of truck routes.
2. Manage Indoor Air Pollution.
a. Applicants for residential and other sensitive land use projects (e.g., hospitals,
nursing homes, day care centers) in areas identified on the Bay Area Air
Quality Management District’s (BAAQMD) “Conduct Further Study” on the
Planning Heathy Places Map shall:
i. Prepare and submit an operational Health Risk Assessment (HRA) to the
City prior to approval of the project.
ii. The HRA shall be prepared in accordance with policies and procedures of
the State Office of Environmental Health Hazard Assessment (OEHHA)
and BAAQMD. The latest OEHHA guidelines shall be used for the analysis,
including age sensitivity factors, breathing rates, and body weights
appropriate for children ages 0 to 16 years.
PC 09-28-2021
36 of 117
Ordinance No. __________
Page 5
Standard Environmental Protection Requirements - Page 5
iii. If the HRA shows that the incremental cancer risk exceeds ten in one million
(10E-06), PM2.5 concentrations exceed 0.3 micrograms per cubic meter
(μg/m3), or the appropriate noncancer hazard index exceeds 1.0, the project
applicant shall identify and demonstrate measures that are capable of
reducing potential cancer and non-cancer risks to an acceptable level (i.e.,
below ten in one million or a hazard index of 1.0), including appropriate
enforcement mechanisms.
iv. Measures to reduce risk may include, but are not limited to:
1. Air intakes located away from high volume roadways and/or truck
loading zones.
2. Heating, ventilation, and air conditioning systems of the buildings
provided with appropriately sized Minimum Efficiency Reporting
Value (MERV) filters.
b. Applicants for residential and/or other sensitive land use projects (e.g.,
hospitals, nursing homes, day care centers) must state in the applicable
construction document where the site is located on the Bay Area Air Quality
Management District (BAAQMD) Planning Heathy Places Map, as
subsequently revised, supplemented, or replaced. If the site is located in an
area identified as “Implement Best Practices,” the project applicant shall
implement, and include in applicable construction documents, the following
best practices identified in the BAAQMD Planning Heathy Places Guidebook:
i. Install air filters rated at a MERV 13 or higher.
ii. Locate operable windows, balconies, and building air intakes as far away
from any emission source as is feasible.
iii. Incorporate solid barriers or dense rows of trees in a minimum planter
width of 5 feet per row of trees between the residential and/or sensitive land
use, and the emissions source into site design.
iv. Do not locate residential and/or sensitive land use on the ground floor units
of buildings near non-elevated sources (e.g., ground level heavily traveled
roadways and freeways).
c. The project applicant shall include the applicable measures identified in
subsections (a) and (b) above in the applicable construction documents prior to
approval of the project. Specifically, the air intake design and MERV filter
requirements shall be included on all applicable construction documents
submitted to the City and verified by the City’s Planning Division.
PC 09-28-2021
37 of 117
Ordinance No. __________
Page 6
Standard Environmental Protection Requirements - Page 6
B. Hazardous Materials
Manage Soil and/or Groundwater Contamination. Projects that involve tree
removal only are not subject to this Section B. For all other projects, except as
provided for in Section B.3, the project applicant shall complete Section B.1 and B.2,
as required, prior to approval of the project.
1. Phase I ESA. Retain the services of a qualified environmental consultant with
experience preparing Phase I Environmental Site Assessments (ESAs) to prepare
a Phase I ESA in accordance with the American Society for Testing and Materials
(ASTM) Standards on Environmental Site Assessments, ASTM E 1527-13 (ASTM
1527-13) and in accordance with the U.S. Environmental Protection Agency’s
(EPA’s) Standards and Practices for All Appropriate Inquiries (40 Code of Federal
Regulations 312), published November 2005, as subsequently revised,
supplemented, or replaced. The goal of an ASTM Phase I ESA is to evaluate site
history, existing observable conditions, current site use, and current and former
uses of surrounding properties to identify the potential presence of Recognized
Environmental Conditions (RECs) as defined in ASTM E 1527-13, associated with
the site. If the Phase I ESA does not identify any RECs, then no further action is
needed. If the Phase I ESA identifies RECs, then a Phase II ESA shall be prepared
as described in Section B.2.
2. Phase II ESA. A Phase II ESA shall be prepared by a qualified environmental
consultant and signed and stamped by a Professional Geologist or Professional
Engineer hired by the project applicant. The Phase II ESA shall include the
collection and analysis of samples designed to evaluate RECs identified in the
Phase I ESA, in compliance with ASTM standards, and a health risk assessment
to evaluate whether the RECs pose an unacceptable or potentially unacceptable
health risk to future users of the site. Depending on the health risks identified in
the Phase II ESA, the project applicant shall proceed as follows:
a. If the Phase II ESA identifies no unacceptable or potentially unacceptable
health risk associated with the RECs, then no further action is needed.
b. If the Phase II ESA identifies an unacceptable or a potentially unacceptable
health risk, the requirements related to soil remediation in Section 17.04.050B
shall apply.
3. Focused Phase I and II ESAs. Projects that are on sites which are known to have
current or former orchards or other irrigated agricultural activities that were
active in 1950 or later are assumed to contain RECs associated with organic
pesticides and are required to prepare a Focused Phase I ESA that addresses only
RECs other than those associated with organic pesticides. Depending on the
PC 09-28-2021
38 of 117
Ordinance No. __________
Page 7
Standard Environmental Protection Requirements - Page 7
contaminants found in the Focused Phase I ESA, the project applicant shall
proceed as follows:
a. If the Focused Phase I ESA identifies no other unacceptable or potentially
unacceptable health risks, then the project applicant shall prepare a Focused
Phase II ESA that addresses only the potential hazards associated with
organic pesticides.
b. If the Focused Phase I ESA identifies RECs other than organic pesticides, then
the project applicant shall prepare the Phase II ESA as described in Section
B.2 to address both the organic pesticides RECs and all other RECs.
C. Vehicle Miles Traveled
Evaluate Vehicle Miles Traveled or VMT. Project applicants shall prepare a
vehicle miles traveled (VMT) analysis, which shall include a comparison of
existing VMT and project-generated VMT, for review and approval prior to project
approval, indicating that the project meets the standards in Section
17.08.040 (Vehicle Miles Traveled (VMT) Standards).
D. Vibration
1. Manage Vibration During Construction. The project applicant shall provide
a vibration study to determine vibration levels due to construction to the City,
prior to approval of the project, when the following activities would occur
within the screening distance to buildings or structures: pile driving within 100
feet, vibratory roller within 25 feet, or other heavy equipment (e.g., bulldozer)
within 15 feet; and for historical structures: pile driving within 135 feet,
vibratory roller within 40 feet, or other heavy equipment within 20 feet. If
vibration levels due to construction activities exceeds 0.2 inches per second
peak particle velocity (in/sec PPV) at nearby buildings or structures, or 0.12
in/sec PPV at historical structures, the project shall implement the following
alternative methods/equipment:
a. For pile driving, one of the following options shall be used: caisson drilling
(drilled piles), vibratory pile drivers, oscillating or rotating pile installation
methods, or jetting or partial jetting of piles into place using a water injection
at the tip of the pile.
b. For paving, use a static roller in lieu of a vibratory roller.
c. For grading and earthwork activities, off-road equipment that shall be
limited to 100 horsepower or less.
PC 09-28-2021
39 of 117
Ordinance No. __________
Page 8
Standard Environmental Protection Requirements - Page 8
Section 17.04.050 Standard Environmental Protection Permit Submittal
Requirements
Every project shall implement the following standard environmental protection permit
submittal requirements prior to the issuance of permits by the City unless they are not
applicable to the project as demonstrated by a written explanation of why any standard
environmental protection permit submittal requirement is not applicable to the project,
subject to the review and approval of the Director of Community Development and/or
the City Engineer, or his or her designee, as appropriate:
A. Air Quality
1. Control Fugitive Dust During Construction. Projects shall implement the Bay
Area Air Quality Management District Basic Control Measures included in 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. The project applicant shall include these measures in the applicable
construction documents, prior to issuance of the first permit.
2. Control Construction Exhaust. Projects that disturb more than one-acre and are
more than two months in duration, shall implement the following measures and
the project applicant shall include them in the applicable construction document,
prior to issuance of the first permit:
a. Utilize off-road diesel-powered construction equipment that is rated by the
U.S. Environmental Protection Agency (EPA) as Tier 4 or higher for equipment
more than 25 horsepower. Any emissions control device used by the contractor
shall achieve emissions reductions that are no less than what could be achieved
by a Tier 4 interim emissions standard for a similarly sized engine, as defined
by the California Air Resources Board’s (CARB) regulations. Applicable
construction documents shall clearly show the selected emission reduction
strategy for construction equipment over 25 horsepower.
b. Ensure that the construction contractor shall maintain a list of all operating
equipment in use on the project site for verification by the City. The
construction equipment list shall state the makes, models, and number of
construction equipment on-site.
c. Ensure that all equipment shall be properly serviced and maintained in
accordance with the manufacturer’s recommendations.
PC 09-28-2021
40 of 117
Ordinance No. __________
Page 9
Standard Environmental Protection Requirements - Page 9
3. Control Volatile Organic Compound Emissions from Paint. Projects shall use
low-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.
B. Hazardous Materials
Soil Remediation Required. If a Focused or other Phase II ESA, as required pursuant
to Section 17.04.040(B)(1), identifies an unacceptable or a potentially unacceptable
health risk, the project applicant shall, depending on the contaminant, contact either
the Environmental Protection Agency (EPA), Department of Toxic Substances Control
(DTSC), Regional Water Quality Control Board (RWQCB) or local Certified Unified
Program Agency (CUPA). The project applicant shall enter into a regulatory agency
oversight program with an appropriate regulatory agency, or an established
voluntary oversight program alternative with an appropriate regulatory agency, as
determined by the City, and follow the regulatory agency’s recommended response
actions until the agency reaches a no further action determination, prior to issuance
of any permit for a project that allows ground disturbing activity.
C. Greenhouse Gas Emissions and Energy
Reduce Greenhouse Gas Emissions (GHG) and Energy Use. The project applicant
shall complete the City of Cupertino Climate Action Plan – Development Project
Consistency Checklist, for review and 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, in order to reduce greenhouse gas emissions and
conserve energy.
D. Biological Resources
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 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 Department
of 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.
PC 09-28-2021
41 of 117
Ordinance No. __________
Page 10
Standard Environmental Protection Requirements - Page 10
If feasible, construction, ground-disturbing, or tree removal/pruning activities
shall be completed before the start of the nesting season to help p reclude
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:
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
PC 09-28-2021
42 of 117
Ordinance No. __________
Page 11
Standard Environmental Protection Requirements - Page 11
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.
2. Avoid Special-Status Roosting Bats During Construction.
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
PC 09-28-2021
43 of 117
Ordinance No. __________
Page 12
Standard Environmental Protection Requirements - Page 12
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.
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
PC 09-28-2021
44 of 117
Ordinance No. __________
Page 13
Standard Environmental Protection Requirements - Page 13
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.
E. Cultural Resources
1. Protect Archaeological Resources and Tribal Cultural Resources: For all
projects requiring ground-disturbing activities on land with no known
archaeological or tribal cultural resources that has not been previously
disturbed and/or where ground-disturbing activities would occur at a greater
depth or affect a greater area than previously disturbed, the following shall be
required:
a. Areas with No Known Cultural Resources. For all projects within areas
where there are no known cultural resources, prior to 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
archaeological site indicators, the potential for discovery of archaeological
resources, laws pertaining to these resources, and procedures for protecting
these resources as follows:
i. 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.
ii. The potential for undiscovered archaeological resources or tribal
cultural resources on site.
iii. 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.
PC 09-28-2021
45 of 117
Ordinance No. __________
Page 14
Standard Environmental Protection Requirements - Page 14
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the
following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. 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.
3. 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 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.
b. Areas with Known Cultural Resources. For all projects within areas of known
cultural resources as documented in the 2015 General Plan EIR Table 4.4-2,
Cultural Resources in the Project Study Area and Vicinity, as subsequently
revised, supplemented, or replaced by the City, and the archaeological or
tribal cultural resources cannot be avoided, in addition to the requirements in
Section E.1.a for all construction projects with ground-disturbing activities,
the following additional actions shall be implemented prior to ground
disturbance:
i. The project applicant shall retain a qualified archaeologist to conduct a
subsurface investigation of the project site, and to ascertain the extent of
the deposit of any buried archaeological materials relative to the project’s
area of potential effects, in consultation with a tribal representative as
applicable. The archaeologist shall prepare a site record and file it with the
California Historical Resource Information System and the City of
Cupertino.
PC 09-28-2021
46 of 117
Ordinance No. __________
Page 15
Standard Environmental Protection Requirements - Page 15
ii. If the resource extends into the project’s area of potential effects as
determined by the archaeologist, the resource shall be evaluated by a
qualified archaeologist to determine if the resource is eligible for listing on
the California Register of Historical Resources. If the qualified
archaeologist determines that the resource is not eligible, no further action
is required unless there is a discovery of additional resources during
construction (as required above for all construction projects with ground-
disturbing activities). If the qualified archaeologist determines that the
resource is eligible, the qualified archaeologist shall identify ways to
minimize the effect which the project applicant shall implement. A written
report of the results of investigations and mitigations shall be prepared by
the qualified archaeologist and filed with the California Historic Resources
Information System Northwest Information Center and the City of
Cupertino.
2. Protect Human Remains and Native American Burials. 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 construction 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
PC 09-28-2021
47 of 117
Ordinance No. __________
Page 16
Standard Environmental Protection Requirements - Page 16
recommendations, the owner or the descendent may request mediation by the
NAHC. Construction shall halt until the mediation has concluded.
F. Hydrology and Water Quality
Control Stormwater Runoff Contamination. The project applicant shall
demonstrate compliance with Chapter 9.18 (Stormwater Pollution Prevention and
Watershed Protection) of the Cupertino Municipal Code, to the satisfaction of the
City of Cupertino. All identified stormwater runoff control measures shall be
included in the applicable construction documents.
G. Noise and Vibration
1. Notice and Signage:
a. At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant shall send notices of the planned
activity by first class mail as follows:
i. 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;
ii. 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
iii. 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 project applicant
shall provide the City with evidence of mailing of the notice, upon request. If
pile driving, see additional noticing requirements in subsection 3(b) below.
b. 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
PC 09-28-2021
48 of 117
Ordinance No. __________
Page 17
Standard Environmental Protection Requirements - Page 17
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.
2. Manage Noise During Construction. Projects shall implement 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.
PC 09-28-2021
49 of 117
Ordinance No. __________
Page 18
Standard Environmental Protection Requirements - Page 18
3. Manage Vibrations During Construction: In the event pile driving is required,
the project applicant shall:
a. Notify all vibration-sensitive receptors within 300 feet of the project site of the
schedule 10 days prior to its commencement and include the contact
information for the person responsible for responding to complaints on site.
b. The project applicant shall retain a qualified acoustical consultant or structural
engineer, to prepare and implement a Construction Vibration Monitoring
Plan, which is subject to third-party peer review under the direction of the
City at the applicant’s cost, for areas within 100 feet for pile driving, 25 feet for
vibratory roller, or 15 feet for other heavy equipment (e.g., bulldozer); and for
historical structures: within 135 feet for pile driving, 40 feet for vibratory
roller, or 20 feet for other heavy equipment. The plan shall include surveying
the condition of existing structures; and determining the number, type, and
location of vibration sensors and establish a vibration velocity limit (as
determined based on a detailed review of the proposed building), method
(including locations and instrumentation) for monitoring vibrations during
construction, location of notices displaying the contact information for on-site
coordination and complaints on site, and method for alerting responsible
persons who have the authority to halt construction should limits be exceeded
or damaged observed.
c. Submit final monitoring reports to the City upon completion of vibration
related construction activities.
d. Conduct a post-survey on any structure where either monitoring has
indicated high vibration levels or complaints that damage has occurred are
received.
e. The project applicant shall be responsible for appropriate repairs as
determined by the qualified acoustical consultant or structural engineer
where damage has occurred as a result of construction activities.
H. Paleontological Resources
Protect Paleontological Resources During Construction. 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. 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
PC 09-28-2021
50 of 117
Ordinance No. __________
Page 19
Standard Environmental Protection Requirements - Page 19
actions may include, but are not limited to, a mitigation plan formulated pursuant
to guidelines developed by the Society of Vertebrate Paleontology 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 sma ll
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.
I. Utilities and Service Systems
1. 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.
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.
2. Ensure Adequate Water Supply and Infrastructure. The project applicant shall
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.
PC 09-28-2021
51 of 117
Ordinance No. __________
Page 20
Standard Environmental Protection Requirements - Page 20
17.04.050 Violations
Violation of any of the standard environmental protection requirements, except for any
such standard environmental protection requirements that the Director of Community
Development and/or the City Engineer, or his or her designee, has deemed inapplicable
pursuant to Section 17.04.040 and Section 17.04.050, constitutes a violation of this Code.
PC 09-28-2021
52 of 117
IMMEDIATE COMPLETION
No. Commenter Comment Response
1CAO/Staff
Figure LU‐2: Footnote #1: “Maintain the primary building bulk below a 1:1 slope line
drawn from the arterial/boulevard curb line or lines except for the Crossroads Area.” This
standard applies to sites or portions of sites that adjoin arterials or boulevards (identified
in the General Plan’s Chapter 5: Mobility to include De Anza Blvd., Homestead Road,
Stevens Creek Blvd. (up to Bubb Road), and North Wolfe Road.). Sites or portions of sites
that do not adjoin arterial or boulevards are subject to the setbacks and height limits
established in the Zoning Code.
Delete ʺprimaryʺ and ʺbulkʺ ‐ Define architectural Features ‐ space that does not
include habitable space
2CAO/Staff
Figure LU‐2: Footnote #3: “For projects adjacent to residential areas: Heights and setbacks
adjacent to residential areas will be determined during project review.” This sentence is
ambiguous and someone could interpret this to mean that increased heights or reduced
setbacks are permitted.
For the General Commercial, Administrative and Professional Office, and Light Industrial
Park non‐residential zones the Zoning Code establishes setbacks from adjoining residential
uses and Figure LU‐2 sets height limits. For areas of the City where a Specific Plan or an
Area Plan has been adopted, there are established setbacks, including those from
residential neighborhoods. For example, the Heart of the City Specific Plan and the
Saratoga‐Sunnyvale Zoning Plan establish setbacks from adjacent residential development,
while the South De‐Anza and North De‐Anza Conceptual Zoning Plans include large
landscape setback requirements from adjoining properties.
However, if a mixed use project is proposed in a Planned Development zoning district
where a Specific Plan or an Area Plan has not been adopted (e.g., North De Anza), while
there are minimum landscape setbacks for surface parking lots (Chapter 19.124) that may
be applied, there are none for buildings. This could impact the western section of the
North Blaney neighborhood (abutting Apple’s Infinite Loop and Mariani Campus).
a. Amend to clarify where Specific plan or area plan adopted, there are established
maximum heights and minimum setbacks from property lines ‐ Proceed as
proposed
b. See Housing Element updates/upzoning and associated zoning amendments re:
N. De Anza Special Area (east side of N. De Anza Blvd.)
3CAO/Staff
Figure LU‐2 Footnote #4: “For the North and South Vallco Park areas (except for the Vallco
Shopping District Special Area): Maintain the primary building bulk below a 1.5:1 (i.e., 1.5
feet of setback for every 1 foot of building height) slope line drawn from the Stevens Creek
Blvd. and Homestead Road curb lines and below 1:1 slope line drawn from Wolfe Road
and Tantau Avenue curb line.” The Vallco Shopping District is not a part of the South
Vallco park area. Therefore the default 1:1 slope line from footnote #1 applies.
Clarify definition of ʺarchitectural featuresʺ to ensure that these may not include
habitable space and allow these encroach but delete ʺprimaryʺ and ʺbulk.ʺ
4CAO/Staff
Heart of the City Special Area text box: “Maximum residential density is “25 or 35 (South
Vallco) units per acre”” This sentence is ambiguous. The Heart of the City Land Use Map
identifies several sites within the Heart of the City Special Area that have a density of 5‐10
du/ac, 10‐20 du/ac and 20‐35 du/ac.
Add clarifying language to Figure LU‐2 to state that the HOC land use map
indicates the maximum density.
5Liang Chao consistent in LU map to note “up to” a certain number of units per acre rather than a
specific number; Same as #4 above.
6Plng Comm.Strategy ES‐6.1.1 – Public Participation – Amend language to read “Strongly encourage
…..”Add the word ʺstronglyʺ at the beginning of this strategy.
Page 1 of 13
PC 09-28-2021
53 of 117
IMMEDIATE COMPLETION
No. Commenter Comment Response
7CAO/Staff
Crossroads, East Stevens Creek, West Stevens Creek and Central Stevens Creek Subareas:
General Plan Goals LU‐14 through ‐18 state that permitted uses in these areas are
described in Figure LU‐2. There could be confusion in that these subareas do not appear
on Figure LU‐2. However, these subareas are described and established in Chapter 2 of the
General Plan (Planning Areas) and are existing areas identified in the Heart of the City
Specific Plan. Goals LU‐14 through 18 are essentially “nested goals” that support Goal LU‐
13.
Clarify that Goals LU‐14 through 18 are “nested goals” that support Goal LU‐13.
Page 2 of 13
PC 09-28-2021
54 of 117
CURRENT WORK PROGRAM ITEMS
No. Commenter Comment Response
1Lisa Warren Add language related to the importance of, and goal for, ‘dark sky’.FY 19/20 Work Program Item ‐ Dark Sky
2David Fung
Reconsider the design review process: The current process which involves a late stage architectural review is both highly
subjective (applicant canʹt anticipate feedback) and limited in scope (too late in process to address placemaking concerns).
A better set of front end guidelines (including Form Based Code) can make this a more effective process.
FY 20/21 Work Program Item to develop Design
Guidelines.
3 Kitty Moore
Define ʺbuffersʺ with dimensions and type: if a boundary wall defines minimum height, setbacks have actual distances, park
areas be specifically
defined.
FY 20/21 Work Program Item to develop Design
Guidelines.
Ordinance re: Park Land Dedication updated in
2019
4David Fung
Adopt Form Based Code standards for all Special Planning Areas: Traditional standards (height, FAR, or setback)
insufficiently capture the elements that matter in a design proposal. Some standards like residential density undermine
good design goals (density limits encourage larger units). FBC can objectively set standards for building mass and
articulation and incorporate placemaking and human‐scale elements at the start of the design process. FBC is the best way
to express ʺneighborhood flavorʺ to preserve or enhance the existing character of an area.
FBC adoption is not equal to increased densification! We can impose objective restrictions via FBC ‐ for instance, a Heart of
the City FBC can maintain the tree corridor and setback standards today while making for better quality redevelopment in
the years ahead.
FY 20/21 Work Program Item to develop Design
Guidelines
5 Kitty Moore
Introduction:
Consider the Vision Statement:
‐ ʺ…vibrant, mixed‐use ʹHeart of the Cityʹʺ
‐ Correct inconsistencies in maps of ʺheart of the Cityʺ
‐ Create objective standards to maintain the vision
FY 20/21 Work Program Item to develop Design
Guidelines
6Plng. Comm.Strategy LU 3.3.2 – “ensure the interrelationships of new and old developments complement each other” ‐ add objective
standards to implement this.
FY 20/21 Work Program Item to develop Design
Guidelines
7Plng. Comm.Strategy LU 3.3.3 – “building should be designed to avoid abrupt transitions with existing development” – add further
standards
FY 20/21 Work Program Item to develop Design
Guidelines
8Plng. Comm.Strategy LU 3.3.6 – promote high quality architecture, visual interest – define this by adding setbacks and specifying
changes in materials.
FY 20/21 Work Program Item to develop Design
Guidelines
9Plng. Comm.Strategy LU 3.3.11 – allow construction of multi‐story buildings provided that the surrounding buildings will not suffer
from privacy intrusion – specify and add further standards for mitigation of privacy intrusion
FY 20/21 Work Program Item to develop Design
Guidelines
10 Kitty Moore Policy for shelters ‐ FY20/21 Work Program Item related to
Homelessness ongoing
11 Kitty Moore Policy for ELI ‐ FY20/21 Work Program Item related to
construction of ELI housing
12 Liang Chao Consider requiring projects using density bonus to maintain the average unit size before and after applying density bonus. FY 20/21 Work Program Item re: Density Bonus
Page 3 of 13
PC 09-28-2021
55 of 117
CURRENT WORK PROGRAM ITEMS
No. Commenter Comment Response
13 Liang Chao
Consider limiting the amount of “amenity space” any use can claim. For instance, limiting the amount of amenity space for
office or residential use to 20% of total space. Retail use might allow larger amenity space if the amenity space is open to the
public.
Possibly consider with FY 20/21 Work Program
Item re: Density Bonus
14 Liang Chao For projects applying density bonus, consider prohibiting exceptions from regulations in the BMR manual, such as
percentage of BMR housing units, quality or size of BMR units, or inclusionary requirement.
Consider with FY 20/21 Work Program Item re:
Density Bonus
15 Steven Scharf Look at what other cities have done regarding density of units per acre and square footage FY 20/21 Work Program Item Density Bonus
ordinance update
16 Liang Chao include Floor Area Ratio (FAR) when consider design guidelines; Consider with FY 20/21 Work Program Item re:
Density Bonus
17 John Willey
What do residents want as far as how much housing in a particular area; want inclusive community and more housing that
allows people to own a home and call Cupertino home; facilitate as much housing as can for traffic, community, schools,
etc.
FY 20/21 Work Program Item re: Housing
Survey
18 David Fung Adopt sequestration policy: Objective updated standards for city and private plantings and landscaping should be
established that encourage plant species that remove carbon dioxide and particulates from the air.FY 20/21 Work Program Item ‐ CAP update
19 David Fung Adopt VMT standards: VMT and LOS traffic analysis are often in opposition. With VMT established by the state as the
standard for review, the GP and codes should reflect that unambiguously, even while we continue to perform LOS studies.
FY 19/20 Work Program Item re: LOS‐to‐VMT
transition ongoing. Delayed due to COVID‐19.
20 Kitty Moore Level of Service as threshold of significance in CEQA (EIR) process FY 19/20 Work Program Item re: LOS‐to‐VMT
transition ongoing
21 Kitty Moore
Correct map on PA‐7, boundaries of Heart of the City
‐ Define boundaries of the ʺtree‐lined boulevardʺ
‐ Define how commerce centers will be configured
‐ Define frontages, breaks in architectural features, distance between park areas, shade canopy, pollinator pathways, dark
skies, roof policy, sustainability (green building), fire safety in surface materials
‐ Define roof setback requirements precisely and show precisely the requirements for maintaining the building mass below
the setback line.
Remove the word ʺbulkʺ as in the bulk of the building will be below the 1:1 setback for example.
Provide dimensions for how long a building can be without a change in the face plane. Such as, for every 100 feet of
building length there shall be a plane‐break along the facade comprised of an offset of at least seven feet in depth by 30 feet
in length. The offset shall extend from the grade to the highest story.
‐ Provide minimum street width to building height requirements to avoid caverns
(PC RECOMMENDS CREATING A SEPARATE ITEM FOR THE FOLLOWING)
‐ Address the move to electric heating and cooling
‐ Roof policy defining requirements for white, green, and solar
‐ Solar retrofitting city property policy
‐ Sidewalk shading policy. Distances between unshaded areas at noon, for example
FY 20/21 Work Program Item re: Heart of the
City.
Bulk ‐ Define architectural features ‐ allow these
to encroach in 1:1 slope line but not any areas
with habitable spaces.
Page 4 of 13
PC 09-28-2021
56 of 117
CURRENT WORK PROGRAM ITEMS
No. Commenter Comment Response
22 David Fung
Revisit Heart of the City Specific Plan:
‐ Update HoC Specific Plan to reflect its status as a primary transit route
‐ Unify the existing 5 subareas into a single entity
‐ Unify land‐use designations across the area
‐ Set appropriate development allocations for the entire area
‐ Elminate GP LU‐1.3.1.3 and LU‐1.3.1.4 (residential in mixed‐use restrictions)
‐ Change the ʺ75% direct retail frontageʺ requirement in the HoC SP to reflect resident‐facing commercial
FY 20/21 Work Program Item re: Heart of the
City
Page 5 of 13
PC 09-28-2021
57 of 117
COMPLETED
No. Commenter Comment Response
1 David Fung Adopt decarbonization policy: Objective standards for reduction of greenhouse gas through electrification in the building code
should be established along with a time line to phase in these requirements on residential and commercial properties.Completed with adoption of Reach Codes
2 John Willey Be clear and specific at Vallco that housing is per acre; can’t combine acreage and consolidating appropriate density; what do
residents want as far as how much housing in a particular area
General Plan Amendments completed in 2019
related to Vallco to identify location of
residential uses
3 John Willey On Vallco Parkway reflect what residents would expect so not surprised Addressed with 2019 General Plan
amendments re: Vallco
4 Darcy Paul If allocation in danger of turning into entitlement than better not have allocations; Addressed with 2019 General Plan
amendments re: Vallco
5 Liang Chao Consider requiring applicants to include a document to indicate how the project complies with the strategies in the Bike and
Pedestrian Plans and the General Plan.
Planning Application Form updated to require
submission of documents to indicate
compliance
6 Liang Chao
Consider requiring that the square footage and number of bedrooms of all units be listed in plan sets, in addition to average unit
size. BMR units and their sizes should be identified. The average size for BMR units of different types (studio, one‐bedroom etc.)
should be listed.
Planning Application Form updated to require
submission of documents to indicate
compliance
7 Kitty Moore Consider removing community benefits from project approvals or have some more direct connection between the project impact
and the benefits provided.
Study Session held in July 2020. Direction
provided.
8 CAO/Staff
“Section 19.80.030
B. All P districts shall be identified on the zoning map with the letter coding ʺPʺ followed by a specific reference to the general
type of use allowed in the particular planning development zoning district. For example, a planned development zoning district
in which the uses are to be general commercial in nature, would be designated ʺP(CG).ʺ A planned development zoning district
in which the uses are intended to be a mix of general commercial and residential would be designated ʺP(CG/Res).ʺ
C. Permitted uses in a P zoning district shall consist of all uses which are permitted in the zoning district which constitutes the
designation following the letter coding ʺP.ʺ For example, the permitted uses in a P(CG) zoning district are the same uses which
are permitted in a CG zoning district for sties with a mixed‐use residential designation, Section 19.80.030F shall apply.
D. Conditional uses in a P zoning district shall consist of all uses which require the issuance of a conditional use permit in the
zoning district which constitutes the designation following the letter coding ʺP.ʺ For example, the conditional uses in a P(CG)
zoning district are the same uses which require a conditional use permit in CG zoning district. Each conditional use in a P zoning
district requires a separate conditional use permit for sites with a mixed‐use residential designation, Section 19.80.030F shall
apply.” The Code
does not establish development standards for P zoning districts. It contemplates that standards will be developed as part of the
discretionary development permit for the site. The City’s practice has been to apply the development standards from the R‐3
zones for attached multifamily mixed‐use applications, or the R‐2 zone standards for small‐lot single family/townhome
applications, which are then modified during the design review process to develop the standards for each development.
For projects subject to new state law that are subject to only objective zoning standards, there are no applicable adopted
development standards. Therefore a change to the zoning code is proposed.
Ordinance updated in 2019
9 Kitty Moore Review in parallel with the coming Quimby Act requirements Ordinance updated in 2019
Page 6 of 13
PC 09-28-2021
58 of 117
COMPLETED
No. Commenter Comment Response
10 Kitty Moore
Define park land
‐Size and shape requirements
‐ Requirements to developers to dedicate park land acreage as a development
Ordinance updated in 2019
11 David Fung Review of Park Land Dedication policy: Should include objective definition of ʺrecreational facilityʺ as well as grade‐level land
requirements and alternatives. The park land requirement should scale with the size of the proposed project Ordinance updated in 2019
12 Lisa Warren “Parks” defined in a useful way including the need to be on grade, not falsely elevated. Reinforce language that defines AND
enforces requirements for ‘real parks’ to meet goals of acres per density of any given area of the city, and vicinity to parks. Ordinance updated in 2019
13 Kitty Moore
Define requirements in park deficient areas
‐ Define park deficient areas
‐ Show on maps
Completed with adoption of Parks Master Plan
14 Liang Chao Request to schedule a density bonus study session; make sure justification for concessions from applicant are justified and see
how other cities are reviewing this.
Two Study Sessions on Density Bonus held in
2019 and 2020, respectively. Density Bonus
Ordinance update part of FY 20/21 Work
Program.
15 Liang Chao Clarify what is parkland on phase 1 that it must be on the ground Parkland Dedication Ordinance updated in
2019
16 Liang Chao
Include more details in P‐Zoning so that a streamlined project has sufficient objective standards to follow. For example, set a
minimum percentage for retail use and add specific slope line and setback limitations when development abuts single family
neighborhoods.
Planned Development Ordinance updated in
2019
17 Liang Chao Consider prohibiting more than one active development proposal application for any particular property at a time. Completed as part of SB 35 procedures
adopted in 2019.
18 Plng. Comm.
Policy LU 11.2 – “allow land uses not traditionally considered to be part of college to be built at De Anza” – Determine whether
the City has land use authority over community colleges. How would the City’s RHNA be impacted if De Anza College were to
develop housing on the site?
City does not have land use authority over De
Anza College.
Cityʹs RHNA will not be impacted if housing is
developed at De Anza College.
19 Darcy Paul have one proposal for one development at a time and look into to see what other jurisdictions are doing.Completed as part of SB 35 procedures
adopted in 2019.
Page 7 of 13
PC 09-28-2021
59 of 117
HOUSING ELEMENT UPDATE/UPZONING AND CONCURRENT ZONING AMENDMENTS ‐ FY 22/23
No. Commenter Comment Response
1 CAO/Staff
Mitigation Measures: Review previously adopted mitigation measures to identify those generally applicable to new
development, and develop an objective method for imposing them while avoiding burdening classes of projects to they would
not apply, as a practical matter.
Consider with Housing Element update and
Environmental Review
2 CAO/Staff
Figure LU‐2: Footnote #3: “For projects adjacent to residential areas: Heights and setbacks adjacent to residential areas will be
determined during project review.” This sentence is ambiguous and someone could interpret this to mean that increased heights
or reduced setbacks are permitted.
For the General Commercial, Administrative and Professional Office, and Light Industrial Park non‐residential zones the Zoning
Code establishes setbacks from adjoining residential uses and Figure LU‐2 sets height limits. For areas of the City where a
Specific Plan or an Area Plan has been adopted, there are established setbacks, including those from residential neighborhoods.
For example, the Heart of the City Specific Plan and the Saratoga‐Sunnyvale Zoning Plan establish setbacks from adjacent
residential development, while the South De‐Anza and North De‐Anza Conceptual Zoning Plans include large landscape setback
requirements from adjoining properties.
However, if a mixed use project is proposed in a Planned Development zoning district where a Specific Plan or an Area Plan has
not been adopted (e.g., North De Anza), while there are minimum landscape setbacks for surface parking lots (Chapter 19.124)
that may be applied, there are none for buildings. This could impact the western section of the North Blaney neighborhood
(abutting Apple’s Infinite Loop and Mariani Campus).
a. Amend to clarify where Specific plan or area
plan adopted, there are established maximum
heights and minimum setbacks from property
lines ‐ Proceed as proposed
b. Develop height and setback standards for
parcels in N. De Anza Special Area, east side of
N. De Anza Blvd.
3 David Fung
Clarify impact fee exemptions: Current regulations are ambiguous on whether a project owes parkland, BMR, and traffic impact
fees. There should be an explicit default for each fee and each class of development that might be assessed, including regular
construction, BMR homes, ADUs, and any other categories...
Consider updates to Municipal Code,
administrative guidelines etc. with Housing
Element update.
4 CAO/Staff Figure LU‐2: Footnote #2: “For the Crossroads area, see the Crossroads Streetscape Plan.” No Crossroads Streetscape Plan has
been adopted.Consider with Housing Element upzoning
5 Darcy Paul clarify density of units per acre; Consider with Housing Element upzoning
6 David Fung Consider Heart of the City updates to special areas served by transit (North and South DeAnza, etc.) but not covered by Specific
Plan: Move to a unified land‐use model/entitlement across the special area
On hold pending Housing Element
update/analysis
7 Kitty Moore
Have requirements for all Specific Plan Areas such as height, decrease density to match allocations in Table LU‐1, removed
expired allocations, create residential specifically zoned areas outside of mixed use clearly defined.
PC Recommendation: That clarification be sought for ʺcreate residential specifically zoned areas outside of mixed‐use clearly
definedʺ
Consider identifying specifically residentially
zoned sites in mixed use areas and changes to
density as part of Housing Element update.
8 Kitty Moore Separate non‐residential land use designations to remove the commercial/office from mixed use except for specified clearly
throughout mixed use areas.Consider with Housing Element upzoning
9 Darcy Paul Looking to get rid of neutral area classifications or have some maneuvering room; Consider with Housing Element upzoning
10 Liang Chao Clarify original intent of LU2 map when Council approved it that Bubb Rd. won’t be 20 units per acre but only on footprint and
not meant to apply everywhere regarding how many acres; also understand what is currently build‐out on Bubb Rd Consider with Housing Element upzoning
11 Kitty Moore Consider a BMR citywide dispersal requirement. Define dispersal, both within a BMR project and citywide.Consider with Housing Element update
Page 8 of 13
PC 09-28-2021
60 of 117
HOUSING ELEMENT UPDATE/UPZONING AND CONCURRENT ZONING AMENDMENTS ‐ FY 22/23
No. Commenter Comment Response
12 Kitty Moore Provide for senior retirement living for active seniors wanting proximity to shopping dining and entertainment areas.Consider with Housing Element update
13 David Fung
Market rate ADUs should NOT count as Moderate BMR production: Today all ADUs would be counted toward the cityʹs
Moderate RHNA production, even though many have no BMR obligations or restrictions. This is an oversight that should be
fixed.
Consider with Housing Element upzoning
14 Kitty Moore Policy such as Housing Element sites with no housing after two years forfeit the designation to have it redistributed.Consider with Housing Element update
15 David Fung
Standards that vary by project scale: Small and large projects have intrinsically different requirements which should be reflected
in the GP and building code. For example, including residential parking in the FAR calculation effectively controls mass in a
SFH area, but the same rule is not meaningful for a 200‐unit multi‐story apartment building. New objective standards should be
appropriate for the scale of a project, which might require dividing R‐3 regulations to reflect small, medium, and large projects.
This affects FAR calculation, setbacks, parking requirements, and more.
Consider with Housing Element upzoning
16 Lisa Warren Require that all housing units (not only single family homes) define ‘size by square foot’ not only ‘number of units’.Consider with Housing Element upzoning
17 Kitty Moore
Figure LU‐2: Footnote #1: “Maintain the primary building bulk below a 1:1 slope line drawn from the arterial/boulevard curb line
or lines except for the Crossroads Area.” This standard applies to sites or portions of sites that adjoin arterials or boulevards
(identified in the General Plan’s Chapter 5: Mobility to include De Anza Blvd., Homestead Road, Stevens Creek Blvd. (up to
Bubb Road), and North Wolfe Road.). Sites or portions of sites that do not adjoin arterial or boulevards are subject to the setbacks
and height limits established in the Zoning Code.
(1) Add ʺavenuesʺ and ʺmajor connectorsʺ after
ʺarterial/boulevardʺ ‐ Consider change with
Housing Element upzoning
(2) Clarify slope line is drawn from curb line of
any frontage road abutting property ‐ Consider
change with Housing Element upzoning
(4) Delete ʺexcept for the Crossroads Area.ʺ
18 Plng. Comm.
Policy LU 14.1 – West Stevens Creek Area – Reiterated addition of 1:1 slope line on Avenues (major collectors) which include
Bubb Rd, N. Stelling Road, Stevens Creek Boulevard west of Highway 85, N. Foothill Boulevard, Bollinger Road, Miller
Avenue, and N. Tantau Avenue.
‐ May be considered in conjunction with
Housing Element upzoning
19 Plng. Comm.Policy LU‐30.1 – Fairgrove Neighborhood – Verify whether design guidelines can be applied to streamlined projects allowed by
pending state legislation (e.g. SB 50).
20 Plng. Comm.
Policy M‐8.4 – Transportation Demand Management (TDM) Programs – Amend language to state “Require large employers to
develop and maintain TDM programs to reduce vehicle trips…..” and “Strong encourage colleges and schools to also implement
TDM programs.”
21 CAO/Staff
Figure LU‐2: Footnote #3: “For projects adjacent to residential areas: Heights and setbacks adjacent to residential areas will be
determined during project review.” This sentence is ambiguous and someone could interpret this to mean that increased heights
or reduced setbacks are permitted.
State that reduced heights or increased setbacks
adjacent to single family residential areas may
be required, which could only be determined
during project review ‐ May be considered in
conjunction with Housing Element upzoning
22 Kitty Moore Eliminate in lieu of fees where they are addressing a need in an area not meeting standards.
‐ Parkland Dedication Ordinance updated
‐ Consider clarifying policies with Housing
Element Update
Page 9 of 13
PC 09-28-2021
61 of 117
POSSIBLE FUTURE WORK PROGRAM ITEMS
No. Commenter Comment Response
1 Kitty Moore Include community garden space in park land requirements for all new
residential developments. Define requirement.
2 Kitty Moore Bicycle Level of Service Bike/Ped Commission item?
3Liang Chao Look at objective standard on retail and what consider retail frontage
4Plng Comm.Strategy LU 1.3.1 – Define retail and define “substantial” in Strategy LU‐1.3.1. Consider restricting educational uses in retail
areas.
5 David Fung
Codify ʺresident‐facing commercial usesʺ in the GP: Todayʹs GP does not recognize a difference between commercial activities
that serve the community (retail, consumer services, dentist) and those that do not (a corporate office with no local interaction)
while they have very different effects on the community. We should recognize that difference and set separate land‐use
allocation limits in projects and city‐wide.
6 Steven
Scharf
Agrees with Chao to study what is considered retail; if developer can’t lease retail in mixed‐use housing development than
should reduce lease until retail is leased; would like more housing only and less mixed‐use and have retail separate; hesitant to
require certain amount of retail; have staff explore retail options;
7Plng Comm. Policy LU – 5.1 neighborhood centers – Recommend preserving existing shopping centers/retail even in new developments.
8Lisa Warren ‘Replacement’ trees that are required for development approval should spell out clearly that any replacement tree(s) must be at
grade/in similar public areas as the trees that are being replaced.
9 David Fung Adopt Vision Zero Standards: ...Consideration of the multi‐national Vision Zero program goals would help identify best practices
around non‐auto mobility.
10 Lisa Warren Find language to use that will protect solar ‘rights’ in a variety of situation. There is a California Solar Rights Act – originally
from 1978
11 Kitty Moore
Solar Access Policy. In consideration of health and wellness, especially gardeners and urban farmers, provide a quantified
requirement for allowable
changes in solar access.
12 Plng Comm. Policy LU 1.6 – Jobs to Housing balance – Consider establishing a jobs‐housing ratio for Cupertino
13 Plng Comm. Policy LU 8.2 – Prioritize developing ways to generate city revenue and retain retail space.
14 Plng Comm. Strategy LU 8.3.4 – Consider including a Costco at the Vallco Shopping District
15 Plng Comm.Strategy LU 13.7.4 – traffic calming – Improve Traffic signal sync, bike lanes. Request that red light cameras be implemented to
ensure compliance. Request that this be sent to the Traffic Division
16 Plng Comm. Policy ES‐6.1 – Mineral Resource Areas – Replace word “consider” with a stronger word
17 Kitty Moore Specify a shadow policy based on Berkeleyʹs
Page 10 of 13
PC 09-28-2021
62 of 117
ON HOLD
No. Commenter Comment Response
1Liang Chao Require have to lower rent in retail if vacant until leased; important that Heart of City (HOC) have requirement of 70%
frontage but how specify that so can have viable retail; phase 1 have minimum retail space identified;
Frontage requirements implemented as Conditions of Approval and with
Business License and T.I. approval.
‐ Standards for minimum retail space already in HOC.
2 Kitty Moore Define ʺgatewayʺ on a bordering jurisdiction (are 95ʹ hotels acceptable on a city boundary adjacent to single‐4 story
properties?)Consider with next comprehensive General Plan update.
3David Fung
Adopt parking lot shading standard: Objective standards that aim for mature tree coverage of some percentage of the
grade‐level footprint of parking lots/structures to reduce heat island effect should be considered. In Mountain View,
this is currently 40% coverage
Standards already in place in Municipal Code.
4Liang Chao Consider requiring residential parking that is counted for residential FAR to be open to tenants for free in multi‐family
buildings, and prohibit selling the parking separately.
5David Fung Reconsider the landscape review process: Identifying a more comprehensive set of requirements [for landscape plan
approval] at the outset makes for a better and more objective approval.
6John Willey Make very specific standards in conservative respect (footnote that developer could always ask for a General Plan
Amendment (GPA) for density but not entitlement to exceed 35 foot); Objective standards for heights already exist in General Plan.
7David Fung
Eliminate citywide major allocation table:
‐ Allow applications and entitlement by special area or land‐use category rather than limited by citywide allocation
table.
‐ Impose developmental limits by special area or citywide limits established with GP rather than on a site basis
‐ We should encourage redevelopment on sites as owners want to do it rather than handing out ʺgolden ticketsʺ during
the GP update process.
For next comprehensive General Plan update.
8David Fung
Donʹt require parcel consolidation: The cityʹs requirement for parcel consolidation at Vallco was intended to facilitate
complete redevelopment, but has greater impact to the community because of the size of the resultant project. This
would not prohibit consolidation, but we shouldnʹt make this a necessity.
Future comprehensive General Plan update.
9 Kitty Moore
Define recreation area (is it an aquatic center, gym, basketball court,
badminton facility)
‐ Show on maps
‐ Show population density expected to use
Future comprehensive General Plan update.
10 Liang Chao Include objective standards for noise and air quality and emergency response time.Emergency services determines response times and participate in project
reviews.
11 Liang Chao
Identify and plan paths for pedestrians/bicyclists from the pedestrian sidewalks/bike paths to reach store fronts, the
entrances of buildings, or bike parking spaces. Consider strengthening General Plan Policy 3.6, which requires parking
lots to include clearly defined paths for pedestrians to provide a safe path to building entrances.
Building Code already addresses safe path of travel from sidewalk to
building entrances.
12 Kitty Moore Require the city to post on the website what the RHNA numbers are, how many applications have been approved and
associated benefits in the developer agreements associated with the approvals.
13 Kitty Moore PA‐3, define ʺmore pedestrian, bicycle and transit facilitiesʺ
Page 11 of 13
PC 09-28-2021
63 of 117
ON HOLD
No. Commenter Comment Response
14 Lisa Warren Heart of the City ‘boundary’ should revert back to before Dec 4, 2014 and include the ‘Vallco’ site.
15 Kitty Moore Future population policies to maintain park land ratios
16 Plng. Comm.
Policy LU 4.2 – develop uniform planting plans consistent with vision for planning area – Consider changing language
to strike the word “uniform”. Consider changing the word “formal” to “varied”. Modernize landscape plan for more
native and naturalistic. Integrate and implement pollinator pathways (as discussed in the Parks and Recreation Master
Plan). Amend the Heart of the City Specific Plan to conform to this.
17 Plng. Comm.Policy LU‐27.1 – Neighborhoods – Add standards to ensure protection of neighborhoods from pending state legislation
(e.g. SB 50)
18 Plng. Comm. Policy LU‐27.9 – Amenities and Services – Define equitable. Take advantage of opportunities as they arise
19 Plng. Comm.Policy M‐2.2.4 – Suburban Road Improvement Standards – Add language regarding “ground water retention basin and
pollinator pathways”
20 Kitty Moore
PC RECOMMENDS REMOVAL ‐ TOO FAR IN FUTURE
Potential autonomous vehicle requirements for a future city fleet concept
‐ For instance, residents are allowed access to autonomous vehicles remaining in some mapped area
‐ Parking area policy
‐ Charging area determinations
21 Liang Chao
PC RECOMMENDS REMOVAL
Adopt objective standards that projects must implement the mitigation measures already identified in a certain list.
Partial list of mitigation measures:
MM TRN‐1.2: Impact at De Anza/McClellan intersection
MM TRN‐2.4: Impact at Stevens Creek Blvd/Tantau
MM TRN‐7.2: Stevens Creek Blvd/SR 85 Northbound ramps
MM TRN‐7.3: De Anza Blvd (between I‐280 and Homestead Road)
Already part of TIF.
22 Liang Chao
PC RECOMMENDS REMOVAL
MM TRN‐1.3 addresses the cost sharing of freeway segments and freeway interchange. It could be included as an
objective standard on cost sharing so that such cost sharing is NOT treated as voluntary contribution be the developer.
23 Liang Chao
PC RECOMMENDS REMOVAL
Adopt objective standards that projects must implement the mitigation measures already identified in a certain list.
These include:
MM TRN‐2.1: TDM Program
MM TRN‐2.3: Wolfe Rd/Vallco Pkwy
MM TRN‐7.1: TDM Program
Page 12 of 13
PC 09-28-2021
64 of 117
ON HOLD
No. Commenter Comment Response
24 Liang Chao
PC RECOMMENDS REMOVAL
Search for ʺmitigation incoporatedʺ in Vallco EIR document. If an impact could be mitigated in some measure, the City
should consider adding objective standards in either General Plan or Municipal Code so that the proposed mitigation in
the EIR is required for any project, especially streamlined projects.
Whatever measure the EIR uses to determine that mitigation measures are needed, the City should consider using those
measures as objective standards for any future projects, especially streamlined projects within proximity of existing
residential neighborhoods.
Some examples:
MM AQ‐2.1‐ BAAQMDʹs Basic and Enhanced Measures
MM AQ‐3.1: Use low VOC paint and no hearths of fireplaces (including gas‐powered) in development
MM AQ‐7.1: Implement MM AQ‐2.1
MM CR‐2.1: Archealogical Resource protection
MM GHG‐1.1: Prepare and implement a GHG Reduction Plan
MM NOI‐1.1: Construction noise requirements
MM NOI‐1.2: Construction noise control plan
MM NOI‐13:Acoustical consultant to review mechanical noise
25 Liang Chao
PC RECOMMENDS REMOVAL
Include objective standard for infrastructure. Apparently, the sewage system under Wolfe Road is at capacity. Adding a
few thousand residents and a few thousand workers at Vallco will likely affect the aging sewage system in the area.
Could we include objective standard in the General Plan to ensure the infrastructure of the City is not overloaded?
Whose responsibility is it to pay for the expansion of the sewage system under Wolfe? The City, I suppose.
Page 13 of 13
PC 09-28-2021
65 of 117
September 2021 | Addendum to Environmental Impact Report
State Clearinghouse Number 2014032007
General Plan Amendment, Housing
Element Update, and Associated
Rezoning EIR Addendum No. 5
City of Cupertino
Prepared for:
City of Cupertino
Contact: Piu Ghosh, Planning Manager
10300 Torre Avenue
Cupertino, CA 95014
408-777-3308
Prepared by:
PlaceWorks
Contact: Terri McCracken, Associate Principal
2040 Bancroft Way, Suite 400
Berkeley, CA 94704
510-848-3815
info@placeworks.com
www.placeworks.com
PC 09-28-2021
66 of 117
This page intentionally left blank.
PC 09-28-2021
67 of 117
TABLE OF CONTENTS
SECTION PAGE
1. INTRODUCTION AND PURPOSE .............................................................................................................. 1
2. STANDARD FOR PREPARATION OF AN ADDENDUM ................................................................................. 3
3. PROJECT DESCRIPTION ........................................................................................................................... 5
3.1 LOCATION AND SETTING ................................................................................................................... 5
3.2 PROJECT STUDY AREA........................................................................................................................ 5
3.3 PROJECT BACKGROUND ..................................................................................................................... 5
3.4 PROPOSED CHANGES ........................................................................................................................ 6
4. ENVIRONMENTAL ANALYSIS ................................................................................................................. 10
5. COMPARISON TO THE CONDITIONS LISTED IN CEQA GUIDELINES SECTION 15162 .................................. 15
5.1 SUBSTANTIAL CHANGES TO THE PROJECT ....................................................................................... 15
5.2 SUBSTANTIAL CHANGES IN CIRCUMSTANCES .................................................................................. 15
5.3 NEW INFORMATION ........................................................................................................................ 15
6. CONCLUSION ....................................................................................................................................... 16
7. LIST OF PREPARERS .............................................................................................................................. 17
APPENDICES
Appendix A Resolution No. [To Be Determined]
PC 09-28-2021
68 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
TABLE OF CONTENTS
This page intentionally left blank
PC 09-28-2021
69 of 117
September 2021 Page 1
1. Introduction and Purpose
This document is an Addendum to the Environmental Impact Report (EIR) for the General Plan
Amendment, Housing Element Update, and Associated Rezoning project, State Clearinghouse (SCH)
Number (No.) 2014032007, certified on December 4, 2014 (Certified EIR). The project analyzed in the
Certified EIR and adopted by the City of Cupertino is the General Plan titled “Community Vision 2040,”
which was renamed “General Plan (Community Vision 2015–2040)” in the first Addendum to the Certified
EIR in October 2015, and amendments to the Title 19 (Zoning) of the Cupertino Municipal Code (CMC)
(together the Approved Project). Since the EIR was certified in 2014, the City has prepared four subsequent
addenda to the EIR that were approved by the City Council in October 2015,1 August 2019,2 and December
2019,3,4 This fifth Addendum serves as the environmental review for proposed modifications to the text
and figures of the General Plan (Community Vision 2015–2040) and the addition of Chapter 17.04,
Standard Environmental Protection Requirements, to the CMC (Modified Project), as required pursuant to
the provisions of the California Environmental Quality Act (CEQA), Public Resources Code Sections 21000
et seq. and the State CEQA Guidelines.
Pursuant to the provisions of CEQA and the State CEQA Guidelines, the City of Cupertino is the lead agency
charged with the responsibility of deciding whether or not to approve the proposed action. This
Addendum analyzes the proposed minor changes to the Approved Project.
1 City of Cupertino, approved First Addendum to the General Plan Amendment, Housing Element Update, and Associated
Rezoning EIR, State Clearinghouse Number 2014032007. October 2015.
2 City of Cupertino, approved Second Addendum to the General Plan Amendment, Housing Element Update, and Associated
Rezoning EIR, State Clearinghouse Number 2014032007. August 2019.
3 City of Cupertino, approved Third Addendum to the General Plan Amendment, Housing Element Update, and Associated
Rezoning, State Clearinghouse Number 2014032007. December 2019.
4 City of Cupertino, approved Fourth Addendum to the General Plan Amendment, Housing Element Update, and Associated
Rezoning, State Clearinghouse Number 2014032007. December 2019.
PC 09-28-2021
70 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
INTRODUCTION AND PURPOSE
Page 2 PlaceWorks
This page intentionally left blank.
PC 09-28-2021
71 of 117
September 2021 Page 3
2. Standard for Preparation of an Addendum
Pursuant to Section 21166, Subsequent or Supplement Impact Report; Conditions, of CEQA and Section
15162, Subsequent EIRs and Negative Declarations, of the State CEQA Guidelines, when an Environmental
Impact Report (EIR) has been certified for a project, no subsequent EIR shall be prepared for the project
unless the lead agency determines that one or more of the following conditions are met:
Substantial project changes are proposed that will require major revisions of the previous EIR due to
the involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
Substantial changes would occur with respect to the circumstances under which the project is
undertaken that require major revisions to the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects; or
New information of substantial importance that was not known and could not have been known with
the exercise of reasonable diligence at the time the previous EIR was certified was adopted shows any
of the following:
The project will have one or more significant effects not discussed in the previous EIR.
Significant effects previously examined will be substantially more severe than identified in the
previous EIR.
Mitigation measures or alternatives previously found not to be feasible would in fact be feasible,
and would substantially reduce one or more significant effects of the project, but the project
proponent declines to adopt the mitigation measures or alternatives.
Mitigation measures or alternatives that are considerably different from those analyzed in the
previous EIR would substantially reduce one or more significant effects on the environment, but
the project proponent declines to adopt the mitigation measures or alternatives.
Where none of the conditions specified in Section 15162 are present,5 the lead agency must determine
whether to prepare an Addendum or whether no further CEQA documentation is required (CEQA
Guidelines Section 15162[b]). An Addendum is appropriate where some minor technical changes or
additions to the previously certified EIR are necessary, but there are no new or substantially more severe
significant impacts (CEQA Guidelines Section 15164, Addendum to an EIR or Negative Declaration).
5 See also Section 15163 of the State CEQA Guidelines, which applies the requirements of Section 15162 to supplemental EIRs.
PC 09-28-2021
72 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
STANDARD FOR PREPARATION OF AN ADDENDUM
Page 4 PlaceWorks
In accordance with the CEQA Guidelines, the City has determined that an Addendum to the Certified EIR
is the appropriate environmental document for the Modified Project. This Addendum reviews the changes
proposed by the Modified Project and examines whether, as a result of any changes or new information,
a subsequent EIR may be required. This examination includes an analysis pursuant to the provisions of
Section 21166 of CEQA and Section 15162 of the State CEQA Guidelines concerning their applicability to
the Modified Project.
PC 09-28-2021
73 of 117
September 2021 Page 5
3. Project Description
LOCATION AND SETTING
Cupertino is a suburban city of 10.9 square miles on the southern portion of the San Francisco peninsula
in Santa Clara County. The city is approximately 36 miles southeast of downtown San Francisco and 8 miles
west of downtown San Jose. The cities of Los Altos and Sunnyvale are adjacent to the northern city
boundaries, the cities of Santa Clara and San Jose lie to the east, and Saratoga lies to the south.
Unincorporated areas of Santa Clara County form the western boundary of Cupertino and portions of the
southern boundary. The city is accessed by Interstate 280, which functions as a major east/west regional
connector, and State Route 85, which functions as the main north/south regional connector.
PROJECT STUDY AREA
The State of California encourages cities to look beyond their borders when undertaking the sort of
comprehensive planning required of a general plan. For this reason, the General Plan delineates two
areas—the urban service area and the sphere of influence (SOI). The urban service area is predominantly
coterminous with the current city boundary, and the SOI extends beyond these boundaries. The Cupertino
SOI includes incorporated city lands as well as areas that may be considered for future annexation by the
City. T he City does not propose to annex any of this area as part of this Project. The population of Cupertino
is approximately 58,656 people and has a housing supply of 21,067 housing units, with an average
household size of 2.92 people per household.6
PROJECT BACKGROUND
On November 15, 2005, the City of Cupertino adopted “City of Cupertino 2000–2020 General Plan” (2005
General Plan) containing the following elements:
Land Use/Community Design
Housing
Circulation
Environmental Resources/Sustainability
Health and Safety
6 California Department of Finance, 2021, E-5 Population and Housing Estimates for Cities, Counties, and the State, 2011-2021
with 2010 Census Benchmark, https://www.dof.ca.gov/forecasting/demographics/Estimates/e-5/, accessed August 20, 2021.
PC 09-28-2021
74 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
PROJECT DESCRIPTION
Page 6 PlaceWorks
On December 4, 2014, the City adopted “Community Vision 2040,” which updated the goals, policies, and
strategies of the 2005 General Plan; the General Plan’s Housing Element to accommodate the Regional
Housing Needs Allocation (RHNA) for the 2014-2022 planning period and meet its fair-share housing
obligation; and the General Plan Land Use Map, Zoning Ordinance, and Zoning map for internal consistency
as a result of changes to General Plan policies (Approved Project). As explained above, prior to adoption
of Community Vision 2040, an EIR for the Approved Project was prepared and certified that contains an
assessment of the potential environmental impacts of implementing the Approved Project.
To ensure that the City has objective standards applicable to housing developments, the City Council and
Planning Commission authorized staff to conduct a review of the existing language in the General Plan. A
review of the language identified areas of the General Plan that could benefit from clarification. After
several public meetings about the changes, the proposed changes are presented for evaluation by the City
Council. In addition, during the public meetings, several members of the public and the appointed and
elected officials commented that the City is lacking standard environmental protection requirements that
would require applicable projects (including projects that do not have to undergo environmental review)
to adhere to certain standards, such as identification and treatment of contaminated soils, protections for
nesting birds, treatment of cultural resources. As a result, an ordinance which would amend the CMC to
add Chapter 17.04, Standard Environmental Protection Requirements, has been prepared to address these
areas of concern.
PROPOSED CHANGES
The proposed Modified Project consists of the following revisions to the General Plan (Community Vision
2015–2040), described in more detail Section 3.4.2, Description of Proposed Changes Evaluated in this
Addendum:
text edits to Figure LU-2, Community Form Diagram, for clarification;
text edits to Chapter 3, Land Use and Community Design Element, for clarification;
text edit to Chapter 6, Environmental Resources and Sustainability Element, for emphasis;
addition of Chapter 17.04 to the CMC establishing standard environmental protection requirements.
The proposed changes to the Approved Project, which constitute the Modified Project, are shown in the
following section in strikeout text to indicate deletions and in underlined text to signify additions.
The Modified Project consists of changes to the General Plan (Community Vision 2015–2040) and the CMC.
PC 09-28-2021
75 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
PROJECT DESCRIPTION
September 2021 Page 7
PROPOSED CHANGES TO THE GENERAL PLAN
The proposed changes to the General Plan would amend the following General Plan chapters:
Chapter 3: Land Use and Community Design Element
Chapter 6: Environmental Resources and Sustainability Element
Chapter 3: Land Use and Community Design Element
This Element includes goals, policies and strategies that provide direction on land use and design principles
that will shape future change in Cupertino. The changes shown below represent the changes to the text
that was adopted in December 2014.
(Page LU-11) Policy LU-1.1: Land use and Transportation: Focus higher land use intensities and
densities within a half-mile of public transit service, and along major corridors. Figure LU-2 indicates
the maximum residential densities for sites that allow residential land uses.
(Page LU-41) Heart of the City Special Area: The Heart of the City will remain the core commercial
corridor in Cupertino, with a series of commercial and mixed-use centers and a focus on creating a
walkable, bikeable boulevard that can support transit. General goals, policies and strategies (as
identified in Goal LU-13) will apply throughout the entire area; while more specific goals, policies, and
strategies for each subarea are designed to address their individual settings and characteristics and
are identified in Goals LU-14 through LU-18.
(Figure LU-2) Community Form Diagram: In addition, the Modified Project includes revisions to Figure
LU-2, Community Form Diagram, which consist of text clarifications and corrections. These are shown
in Figure 3-1, Revisions to Figure LU-2, Community Form Diagram.
Chapter 6: Environmental Resources and Sustainability Element
Strategy ES-6.1.1: Public Participation. Strongly Eencourage Santa Clara County to engage with the
affected neighborhoods when considering changes to restoration plans and mineral extraction activity.
PROPOSED CHANGES TO THE CUPERTINO MUNICIPAL CODE
The proposed changes to the CMC include the addition of Chapter 17.04, Standard Environmental
Protection Requirements. Appendix A, Resolution No. [To Be Determined], provides the full text of the
proposed additions to the CMC. These concern the environmental topic areas of air quality, greenhouse
gas emissions and energy, biological resources, cultural resources, hazardous materials, hydrology and
water quality, noise and vibration, paleontological resources, and utilities and service systems, and include
requirements to achieve the following goals:
PC 09-28-2021
76 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
PROJECT DESCRIPTION
Page 8 PlaceWorks
Air Quality
Control diesel particulate matter from non-residential projects during operation
Manage indoor air pollution
Control fugitive dust during construction
Control construction exhaust
Greenhouse Gas Emissions and Energy
Reduce greenhouse gas emissions and energy use
Biological Resources
Avoid nesting birds during construction
Avoid special-status roosting bats during construction
Cultural Resources
Protect archaeological resources and tribal cultural resources
Protect human remains and Native American burials
Hazardous Materials
Manage soil and/or groundwater contamination
Hydrology and Water Quality
Control stormwater runoff contamination
Noise and Vibration
Manage vibration during construction
Implement notice and signage requirements
Manage noise during construction
Paleontological Resources
Protect paleontological resources during construction
Utilities and Service Systems
Manage wastewater inflow and infiltration to sewer system
Ensure adequate water supply and infrastructure
Vehicle Miles Traveled
Evaluate vehicle miles traveled or VMT.
PC 09-28-2021
77 of 117
Hill
s
i
d
e
T
r
a
n
s
i
t
i
o
n
280
280
280
85
85
SARATOGA
SUNNYVALE
SANTA CLARA
STEVENS CREEK BLVD
WO
L
F
E
R
D
DE
A
N
Z
A
B
L
V
D
DE
A
N
Z
A
B
L
V
D
HOMESTEAD RD
Maximum Residential Density
Per Maximum density as indicated in the General Plan Land Use Map; 15 units per acre for Neighborhood Commercial Sites
Homestead Special Area
North Vallco Park Special Area
Maximum Residential Density
Up to 35 units per acre per General Plan Land Use Map
15 units per acre (two parcels at southeast corner of Homestead
Rd and Blaney Ave). All other areas - Maximum land use density as
indicated in the General Plan Land Use Map or 35 units per acre
where none indicated.
Maximum Residential Density
25 units per acre
Maximum Residential Density
25 units per acre
Maximum Residential Density
25 units per acre (north of Bollinger)
5-15 units per acre (south of 85)
Maximum Residential Density
20 units per acre
Maximum Residential Density
Up to 25 units per acre per General
Plan Land Use Map or 35 units per acre
(South Vallco)All other areas -
Maximum land use density as indicated
in the Heart of the City Land Use Map
and, if none indicated, 25 units per acre
Maximum Residential Density
Up to 15 units per acre,per General
Plan Land Use Map Maximum density
as indicated in the General Plan Land
Use Map, and if none indicated, 15
units per acre
Heart of the City Special Area
North De Anza Special Area
South De Anza Special Area
Monta Vista Village Special Area
Bubb Road Special Area
Vallco Shopping District Special Area
Neighborhoods
Maximum Height
45 feet
Regional Shopping/Residential
Maximum Residential Density
35 units per acre in areas identified in Figure LU-4
Minimum Residential Density
29.7 units per acre in areas identified in Figure LU-4
Maximum Height
Up to 60 feet
Maximum Height
45 feet
Maximum Height
Up to 30 feet
Regional Shopping
Maximum Residential Density
N/A - residential is not a permitted use
Maximum Height
Up to 60 feet
Maximum Height
60 feet
Maximum Height
45 feet, or 30 feet
where designated by
hatched line
Maximum Height
30 feet
Maximum Height
30 feet
Maximum Height 30 feet, or 45 feet (south side between De Anza and Stelling)
North De Anza Gateway
Maximum Residential Density
35 units per acre
Maximum Height
45 feet
Hotel Development for APN 326-10-061:
Maximum Height 85 feet (The City will reconsider
this height limit if building permits for the hotel project
approved on March 3, 2020 are not issued by March 3, 2025.)
Stelling Gateway
West of Stelling Road:
Maximum Residential Density
15 units per acre (southwest
corner of Homestead and
Stelling Roads) 35 units per
acre (northwest corner of
I-280 and Stelling Road)
Maximum Height
30 feet
East of Stelling Road:
Maximum Residential Density
35 units per acre
Maximum Height
45 feet
Oaks Gateway
Maximum Residential Density
25 units per acre
Maximum Height
45 feet
North Crossroads Node
Maximum Residential Density
25 units per acre
Maximum Height
45 feet
South Vallco Park
Maximum Residential Density
35 units per acre
Maximum Height
45 feet, or 60 feet with retail
North Vallco Gateway
West of Wolfe Road:
Maximum Residential Density
25 units per acre
Maximum Height
60 feet
East of Wolfe Road:
Maximum Residential Density
25 units per acre
Maximum Height
75 feet (buildings located within 50 feet
of the property lines abutting Wolfe
Road, Pruneridge Avenue and Apple
Campus 2 site shall not exceed 60 feet)
City Center Node
Maximum Residential Density
25 units per acre
Maximum Height
45 feet or as existing approved with past
height exceptions, for existing taller buildings
Building Planes:
• Maintain the primary building bulk below a 1:1 slope line drawn from the arterial/boulevard curb line or lines
except for the Crossroads Area. Architectural features that do not include usable area may encroach into the
slope line.
• For the Crossroads area, see the Crossroads Streetscape Plan.
• For projects outside of the Vallco Shopping District Special Area that are adjacent to residential areas: Heights
and setbacks adjacent to residential areas will be determined during project review, Where slope lines or
other applicable height and setback limits for projects adjacent to residential areas is not established in a
specific plan, conceptual zoning plan or land use plan and in any adopted design guidelines, this will be
established during project review.
• For projects within the Vallco Shopping District Special Area that are adjacent to the North Blaney/Portal
neighborhood: Maintain the building below a 2:1 slope line drawn from the adjacent residential property line.
• For the North and South Vallco Park areas: Maintain the primary building bulk below a 1.5:1 (i.e., 1.5 feet of
setback for every 1 foot of building height) slope line drawn from the Stevens Creek Blvd. and Homestead Road
Legend
City Boundary
Special Areas
Homestead
North Vallco Park
Vallco Shopping District
North De Anza
South De Anza
Bubb Road
Monta Vista Village
Avenues (Major Collectors)
Boulevards (Arterials)
Key Intersections
Neighborhood Centers
Heart of the City Hillside Transition
Urban Service Area
Sphere of Influence
Urban Transition
Avenues (Minor Collectors)
Neighborhoods
Neighborhoods
curb lines and below 1:1 slope line drawn from Wolfe Road and Tantau Avenue curb line. Architectural
features that do not include usable area may encroach into the slope line.
• Parcel APN 326-10-061 within the N. De Anza Gateway: For hotel development, maintain the building
below the variable slope lines as shown in Figure LU-5. For all other developments, the 1:1 slope line
shall be maintained.
Rooftop Mechanical Equipment: Rooftop mechanical equipment and utility structures may exceed
stipulated height limitations if they are enclosed, centrally located on the roof and not visible from
adjacent streets.
Priority Housing Sites: Notwithstanding the heights and densities shown above, the maximum heights
and densities for Priority Housing Sites identified in the adopted Housing Element other than the
Vallco Shopping District Special Area shall be as reflected in the Housing Element. The Vallco
Shopping District Special Area shall be subject to the heights and densities shown above, with
residential uses permitted in the Regional Shopping/Residential designation as shown in Figure LU-4.
Hil
l
s
i
d
e
T
r
a
n
s
i
t
i
o
n
280
280
280
85
85
SARATOGA
SUNNYVALE
SANTA CLARA
STEVENS CREEK BLVD
WO
L
F
E
R
D
DE
A
N
Z
A
B
L
V
D
DE
A
N
Z
A
B
L
V
D
HOMESTEAD RD
Maximum Residential Density
Per Maximum density as indicated in the General Plan Land Use Map; 15 units per acre for Neighborhood Commercial Sites
Homestead Special Area
North Vallco Park Special Area
Maximum Residential Density
Up to 35 units per acre per General Plan Land Use Map
15 units per acre (two parcels at southeast corner of Homestead
Rd and Blaney Ave). All other areas - Maximum land use density as
indicated in the General Plan Land Use Map or 35 units per acre
where none indicated.
Maximum Residential Density
25 units per acre
Maximum Residential Density
25 units per acre
Maximum Residential Density
25 units per acre (north of Bollinger)
5-15 units per acre (south of 85)
Maximum Residential Density
20 units per acre
Maximum Residential Density
Up to 25 units per acre per General
Plan Land Use Map or 35 units per acre
(South Vallco) All other areas -
Maximum land use density as indicated
in the Heart of the City Land Use Map
and, if none indicated, 25 units per acre
Maximum Residential Density
Up to 15 units per acre, per General
Plan Land Use Map Maximum density
as indicated in the General Plan Land
Use Map, and if none indicated, 15
units per acre
Heart of the City Special Area
North De Anza Special Area
South De Anza Special Area
Monta Vista Village Special Area
Bubb Road Special Area
Vallco Shopping District Special Area
Neighborhoods
Maximum Height
45 feet
Regional Shopping/Residential
Maximum Residential Density
35 units per acre in areas identified in Figure LU-4
Minimum Residential Density
29.7 units per acre in areas identified in Figure LU-4
Maximum Height
Up to 60 feet
Maximum Height
45 feet
Maximum Height
Up to 30 feet
Regional Shopping
Maximum Residential Density
N/A - residential is not a permitted use
Maximum Height
Up to 60 feet
Maximum Height
60 feet
Maximum Height
45 feet, or 30 feet
where designated by
hatched line
Maximum Height
30 feet
Maximum Height
30 feet
Maximum Height 30 feet, or 45 feet (south side between De Anza and Stelling)
North De Anza Gateway
Maximum Residential Density
35 units per acre
Maximum Height
45 feet
Hotel Development for APN 326-10-061:
Maximum Height 85 feet (The City will reconsider
this height limit if building permits for the hotel project
approved on March 3, 2020 are not issued by March 3, 2025.)
Stelling Gateway
West of Stelling Road:
Maximum Residential Density
15 units per acre (southwest
corner of Homestead and
Stelling Roads) 35 units per
acre (northwest corner of
I-280 and Stelling Road)
Maximum Height
30 feet
East of Stelling Road:
Maximum Residential Density
35 units per acre
Maximum Height
45 feet
Oaks Gateway
Maximum Residential Density
25 units per acre
Maximum Height
45 feet
North Crossroads Node
Maximum Residential Density
25 units per acre
Maximum Height
45 feet
South Vallco Park
Maximum Residential Density
35 units per acre
Maximum Height
45 feet, or 60 feet with retail
North Vallco Gateway
West of Wolfe Road:
Maximum Residential Density
25 units per acre
Maximum Height
60 feet
East of Wolfe Road:
Maximum Residential Density
25 units per acre
Maximum Height
75 feet (buildings located within 50 feet
of the property lines abutting Wolfe
Road, Pruneridge Avenue and Apple
Campus 2 site shall not exceed 60 feet)
City Center Node
Maximum Residential Density
25 units per acre
Maximum Height
45 feet or as existing approved with past
height exceptions,for existing tallerbuildings
Building Planes:
• Maintain the primary building bulk below a 1:1 slope line drawn from the arterial/boulevard curb line or lines
except for the Crossroads Area.Architectural features that do not include usable area may encroach into the
slope line.
• For the Crossroads area, see the Crossroads Streetscape Plan.
• For projects outside of the Vallco Shopping District Special Area that are adjacent to residential areas: Heights
and setbacks adjacent to residential areas will be determined during project review, Where slope lines or
other applicable height and setback limits for projects adjacent to residential areas is not established in a
specific plan, conceptual zoning plan or land use plan and in any adopted design guidelines, this will be
established during project review.
• For projects within the Vallco Shopping District Special Area that are adjacent to the North Blaney/Portal
neighborhood: Maintain the building below a 2:1 slope line drawn from the adjacent residential property line.
• For the North and South Vallco Park areas: Maintain the primary building bulk below a 1.5:1 (i.e., 1.5 feet of
setback for every 1 foot of building height) slope line drawn from the Stevens Creek Blvd. and Homestead Road
Legend
City Boundary
Special Areas
Homestead
North Vallco Park
Vallco Shopping District
North De Anza
South De Anza
Bubb Road
Monta Vista Village
Avenues (Major Collectors)
Boulevards (Arterials)
Key Intersections
Neighborhood Centers
Heart of the City Hillside Transition
Urban Service Area
Sphere of Influence
Urban Transition
Avenues (Minor Collectors)
Neighborhoods
Neighborhoods
curb lines and below 1:1 slope line drawn from Wolfe Road and Tantau Avenue curb line.Architectural
features that do not include usable area may encroach into the slope line.
• Parcel APN 326-10-061 within the N. De Anza Gateway: For hotel development, maintain the building
below the variable slope lines as shown in Figure LU-5. For all other developments, the 1:1 slope line
shall be maintained.
Rooftop Mechanical Equipment: Rooftop mechanical equipment and utility structures may exceed
stipulated height limitations if they are enclosed, centrally located on the roof and not visible from
adjacent streets.
Priority Housing Sites: Notwithstanding the heights and densities shown above, the maximum heights
and densities for Priority Housing Sites identified in the adopted Housing Element other than the
Vallco Shopping District Special Area shall be as reflected in the Housing Element. The Vallco
Shopping District Special Area shall be subject to the heights and densities shown above, with
residential uses permitted in the Regional Shopping/Residential designation as shown in Figure LU-4.
3. Project Description
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
Figure 3-1
Community Form Diagram
PlaceWorks
Source: City of Cupertino, 2021.
PC 09-28-2021
78 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
PROJECT DESCRIPTION
Page 10 PlaceWorks
This page intentionally left blank.
PC 09-28-2021
79 of 117
September 2021 Page 11
4. Environmental Analysis
As previously described in Section 2, Standard for Preparation of an Addendum, this Addendum has been
prepared pursuant to CEQA Guidelines Sections 15162 and 15164 to determine whether implementation
of the Modified Project would result in any new impacts or substantially more severe significant
environmental impacts than were previously analyzed in the Certified EIR. Accordingly, this Addendum
only considers the extent to which the proposed changes could result in new or substantially more severe
significant impacts; it does not reevaluate impacts that would remain consistent with the analysis in the
Certified EIR. The environmental topic areas analyzed in the Certified EIR includes:
Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Geology, Soils, and Seismicity
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise and Vibration
Population and Housing
Public Services and Recreation
Transportation and Traffic
Utilities and Service Systems
The Modified Project is a plan-level project. It does not include any site-specific designs or proposals, nor
does it grant any entitlements for development that would have the potential to result in physical impacts
on the environment or involve any ground disturbance. Any future construction-level projects occurring
from implementation of the Modified Project would be subject to applicable federal, State, and/or City
regulations and undergo an appropriate level of environmental review as required.
As described in Section 3.4, Proposed Changes, the Modified Project would consist of minor text revisions
to Chapter 3, Land Use and Community Design Element, and Chapter 6, Environmental Resources and
Sustainability Element, of the General Plan, and minor revisions to Figure LU-2, Community Form Diagram.
In addition to these edits, the Modified Project includes the proposed addition of Chapter 17.04, Standard
Environmental Protection Requirements, to the CMC that would serve as objective conditions of approval
intended to mitigate potentially significant impacts for the applicable projects identified in the proposed
chapter (see Appendix A, Resolution No. [To Be Determined]). The proposed Standard Environmental
Protection Requirements concern the environmental topic areas of air quality, greenhouse gas emissions
and energy, biological resources, cultural resources, hazardous materials, hydrology and water quality,
noise and vibration, paleontological resources, and utilities and service systems.
PC 09-28-2021
80 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
Page 12 PlaceWorks
The Modified Project would have no impacts to agriculture, forestry, or mineral resources, because those
resources are not found within the City of Cupertino. The Modified Project, therefore, would not result in
any new or substantially more severe significant impacts to agriculture, forestry, or mineral resources than
were analyzed and disclosed in the Certified EIR.
The Modified Project does not modify the assumption that infill, mixed-use, multi-family development is
anticipated within the Special Areas and major corridors. The Modified Project includes minor edits to
provide clarification to the existing text in the General Plan, and that do not change the content of the
General Plan. For this reason, the Modified Project would result in the same land use and planning impacts
as disclosed in the Certified EIR, and would not result in any new or substantially more severe significant
land use impacts than were analyzed and disclosed in the Certified EIR.
The Standard Environmental Protection Requirements (also referred to in this discussion as “standard
requirements’) that would be added to the CMC are proposed for the purpose of reducing potential
environmental impacts and would, therefore, not cause a new significant impact or a substantial increase
in the severity of the impacts analyzed and disclosed in the Certified EIR. Standard requirements may
involve temporary physical effects during construction or short-term physical effects during operation that
would have the potential to create or contribute to an effect on the environment. For example, some
standard requirements could have minor aesthetic effects by requiring the installation of signage during
construction, the use of temporary construction fencing, or the incorporation of solid barriers to improve
air quality for sensitive uses in certain areas. Other standard requirements may require the use of
equipment to, for example, collect soil samples or install landscaping. Construction and operational
activities and equipment use could involve water and energy consumption, generate noise, and/or create
air emissions. However, the environmental effects of implementing the standard requirements would
generally be nominal when compared to the overall effects of construction and operation of the future
development projects with which they are associated. In addition, implementation of some of the
standard requirements would be temporary during construction, and it would be speculative to attempt
to quantify their effects when implemented as part of future development projects. For example, standard
requirements include preconstruction surveys to protect nesting birds and roosting bats during
construction, control of construction exhaust and fugitive dust during construction, monitoring for and
compliance with applicable regulations to protect cultural and paleontological resources from
development, and conducting of Phase I and Phase II environmental site assessments for evaluation of
potentially existing hazardous materials prior to development. These requirements would reduce
potential impacts to biological resources, air quality, cultural resources, paleontological resources, and
impacts from hazardous materials. Other standard requirements that would reduce environmental
impacts include control of diesel particulate matter from non-residential projects during operation
through conducting health risk assessments and use of best available control technologies for toxic air
contaminants and management of indoor air pollution, completion of the City’s Climate Action Plan
Development Consistency Checklist for reduction of greenhouse gas emissions and energy usage,
PC 09-28-2021
81 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
September 2021 Page 13
compliance with the City’s Municipal Code for control of stormwater runoff contamination, demonstration
that projects would be adequately accommodated for with existing sewer and water supply systems prior
to project approval, and evaluation of vehicle miles traveled to ensure compliance with City municipal
code standards. In summary, the combined effect of the standard requirements, when implemented as
part of construction and operation of future development projects, would be to reduce environmental
effects.
The physical condition and characteristics of the properties within the City have not substantially changed
since the certification of the Certified EIR. The urban nature, trees, soil characteristics, seismic potential,
and drainage on-site are in the same or similar condition as they were in 2014. The Modified Project would
not change any of the potential development under the General Plan that was already analyzed in the
Certified EIR. For this reason, the Modified Project would result in the same impacts to biological
resources, cultural resources, geology and soils, hazards and hazardous materials, and hydrology and
water quality as disclosed in the Certified EIR and would not result in any new or substantially more severe
significant impacts to these resources than were analyzed and disclosed in the Certified EIR.
The number of residential units that could be built in the City would not be affected by the Modified
Project compared to the analysis contained in the Certified EIR. The residential densities would remain
unchanged, and no changes are proposed to the residential development allocation in the General Plan.
For this reason, the Modified Project would have the same population and housing impacts as disclosed
in the Certified EIR and would not result in any new or substantially more severe significant impacts to
these resources than were analyzed and disclosed in the Certified EIR.
Because no changes are proposed to the overall development program analyzed in the Certified EIR, there
would be no changes to the daily or peak hour vehicle trips. For this reason, the Modified Project would
not result in new or substantially more severe significant traffic impacts than were analyzed and disclosed
in the Certified EIR. In addition, there would be no changes to pollutant emissions, noise and vibration,
and energy and utility demand compared to the analysis in the Certified EIR.
The Certified EIR project identifies height limitations and includes slope line criteria for development;
these standards are not impacted by the Modified Project. Therefore, implementation of the proposed
text amendments in the General Plan and standard environmental protection requirements in the CMC
would not result in greater impacts to aesthetics, air quality, energy, greenhouse gas emissions, public
services, recreation, transportation, and utilities and service systems than were analyzed and disclosed in
the Certified EIR because the amount of development analyzed remains the same.
The City does not anticipate that the Modified Project would result in reduced amounts of development
as compared to the Approved Project. However, the Certified EIR evaluated alternatives to the Approved
Project that included reduced amounts of development, and concluded that these alternatives would
result in essentially the same impacts as the Approved Project.
PC 09-28-2021
82 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
Page 14 PlaceWorks
CEQA identifies and analyzes the significant effects on the environment, where “significant effect on the
environment” means a substantial, or potentially substantial, adverse change in any of the physical
condition (CEQA Guidelines Section 15382). The proposed changes would not alter the meaning of the
policies or result in new adverse physical impacts to the environment.
Table 4-1, Comparison of Impacts of the Approved Project and Modified Project, summarizes the impacts
of the proposed modifications to the Certified EIR compared to Approved Project.
Table 4-1: Comparison of Impacts of the Approved Project and Modified Project
Compared to Impacts Disclosed in the Certified EIR, the
Impacts of the Modified Project:
Same
Lesser
New Significant or
More Substantial
Aesthetics X
Agricultural and Forestry Resources X
Air Quality X
Biological Resources X
Cultural Resources X
Geology, Soils, and Seismicity X
Greenhouse Gas Emissions X
Hazards and Hazardous Materials X
Hydrology and Water Quality X
Land Use and Planning X
Mineral Resources X
Noise and Vibration X
Population and Housing X
Public Services and Recreation X
Transportation and Traffic X
Utilities and Service Systems X
Based on the information provided in this Addendum, implementation of the Modified Project would not
result in any new impacts or increase the severity of previously identified significant impacts analyzed in
the Certified EIR. The proposed modifications to the Approved Project would not result in a substantial
change to the project and, therefore, additional environmental review is not necessary.
PC 09-28-2021
83 of 117
September 2021 Page 15
5. Comparison to the Conditions Listed in
CEQA Guidelines Section 15162
SUBSTANTIAL CHANGES TO THE PROJECT
The proposed changes to the General Plan are minor text revisions and are not a substantial change to the
Approved Project analyzed in the Certified EIR; nor are the proposed additions to the CMC a substantial
change to the Approved Project analyzed in the Certified EIR, because the additions serve to mitigate or
reduce potential environmental impacts, such as through preconstruction surveys, control of construction
emissions, compliance with applicable regulations, conducting of Phase I and Phase II environmental site
assessments, conducting of health risk assessments, and demonstration that projects would be
adequately accommodated with existing utilities systems, and more. Consequently, there are no
substantial changes proposed to the Approved Project that will require major revisions of the previous EIR
due to the involvement of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects.
SUBSTANTIAL CHANGES IN CIRCUMSTANCES
As described above in Section 4, Environmental Analysis, the Modified Project would not result in new
significant environmental impacts beyond those identified in the Certified EIR, would not substantially
increase the severity of significant environmental effects identified in the Certified EIR, and thus would
not require major revisions to the Certified EIR. The Modified Project, therefore, is not substantial and
does not require major revisions to the Certified EIR or a subsequent EIR. In addition, the physical
conditions within the City have not changed substantially since the certification of the Certified EIR,
although some structures have been improved and others have been demolished.
NEW INFORMATION
No new information of substantial importance, which was not known and could not have been known
when the Certified EIR was certified, has been identified which shows that the Modified Project would be
expected to result in: 1) new significant environmental effects not identified in the Certified EIR; 2)
substantially more severe environmental effects than shown in the Certified EIR; 3) mitigation measures
or alternatives previously determined to be infeasible would in fact be feasible and would substantially
reduce one or more significant effects of the project, but the project sponsor declines to adopt the
mitigation or alternative; or 4) mitigation measures or alternatives which are considerably different from
PC 09-28-2021
84 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
COMPARISON TO THE CONDITIONS LISTED IN CEQA GUIDELINES SECTION 15162
Page 16 PlaceWorks
those identified in the Certified EIR would substantially reduce one or more significant effects of the
project but the project sponsor declines to adopt the mitigation measure or alternative.
PC 09-28-2021
85 of 117
September 2021 Page 17
6. Conclusion
For the reasons stated above, the City has concluded that the Modified Project would not result in any
new impacts not previously identified in the Certified EIR; nor would it result in a substantial increase in
the severity of any significant environmental impact previously identified in the Certified EIR. For these
reasons, a subsequent EIR is not required and an addendum to the Certified EIR is the appropriate CEQA
document to address the proposed amendments to the General Plan and the CMC.
PC 09-28-2021
86 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
CONCLUSION
Page 18 PlaceWorks
This page intentionally left blank.
PC 09-28-2021
87 of 117
September 2021 Page 19
7. List of Preparers
LEAD AGENCY
Benjamin Fu …………………………… ............................ ……………………………Director of Community Development
Piu Ghosh……………………………………….…………… ................................... …………………………… Planning Manager
REPORT PREPARERS
Terri McCracken............................................................................... Associate Principal, Principal-in-Charge
Allison Dagg ........................................................................................................ Associate, Project Manager
Alexis Mena ........................................................................................................................... Senior Associate
PC 09-28-2021
88 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
LIST OF PREPARERS
Page 20 PlaceWorks
This page intentionally left blank.
PC 09-28-2021
89 of 117
September 2021 Page 21
Appendix A Resolution No. [To Be Determined]
PC 09-28-2021
90 of 117
GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR ADDENDUM NO. 5
CITY OF CUPERTINO
APPENDIX
Page 22 PlaceWorks
This page intentionally left blank.
PC 09-28-2021
91 of 117
1
RESOLUTION NO. ________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE ADDING A NEW CHAPTER 17.04
(STANDARD ENVIRONMENTAL PROTECTION REQUIREMENTS)
TO THE CUPERTINO MUNICIPAL CODE
_____________________________________________________________________________
The Planning Commission recommends that the City Council:
1. Determine that Project is not a project under the requirements of the California
Environmental Quality Act, Public Resources Code Section 21000 et. seq., and the
State CEQA Guidelines, California Code of Regulations Section 15000 et. seq.,
(collectively, “CEQA”) because it has no potential for resulting in physical change
in the environment. In the event that it is found to be a project under CEQA, it is
subject to the CEQA exemption contained in CEQA Guidelines Section 15061(b)(3)
(General Rule) because it can be seen with certainty to have no possibility that the
action approved may have a significant effect on the environment. CEQA applies
only to actions which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. In this circumstance, the proposed action, the
adoption of new standard environmental protection requirements, would have no
or only a de minimis effect on the environment because it does not commit the City
to any particular project. In addition, the new standard environmental protection
requirements consist of previously adopted mitigation measures, City conditions
of approval, existing regulatory requirements, and other best practices and are
adopted for the purpose of reducing the effects of land use development and
infrastructure projects on the environment.
2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City
of Cupertino this ____day of _________, ____, by the following roll call vote:
AYES:
NOES:
PC 09-28-2021
92 of 117
Ordinance No. __________
Page 2
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ ______________________________
Piu Ghosh R. Wang
Planning Manager Chair, Planning Commission
PC 09-28-2021
93 of 117
3
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADDING CHAPTER 17.04 (STANDARD ENVIRONMENTAL PROTECTION
REQUIREMENTS) TO THE CUPERTINO MUNICIPAL CODE
The City Council of the City of Cupertino finds that:
1. WHEREAS, requiring all projects involving construction, grading, excavation, or
tree removal activity that require a permit or approval by the City to comply with
applicable standard environmental protection requirements, based on objective
standards, will reduce the environmental consequences of projects that are not
subject to review under the California Environmental Quality Act; and
2. WHEREAS, amending the Cupertino Municipal Code to specify the standard
environmental protection requirements that apply to projects for which City
permits for or approval of construction, grading, excavation, or tree removal
activity is required will provide certainty to project applicants; and
3. WHEREAS, the City Council desires to have objective standards applicable to
projects that are clear and understandable to ensure there are no unacceptable
risks to human health or safety or the environment; and
4. WHEREAS, the Planning Commission held a duly noticed public hearing on
September 28. 2021 regarding the proposed ordinance; and
3. WHEREAS, the City of Cupertino wishes to adopt the standard environmental
protection requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The City of Cupertino hereby adopts Standard Environmental Protection Requirements
and amends the Cupertino Municipal Code as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
PC 09-28-2021
94 of 117
Ordinance No. __________
Page 4
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be construed as continuations of those provisions and not as an
amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, Public Resources Code Section 21000 et. seq., and, together with related State
CEQA Guidelines, California Code of Regulations Section 15000 et. seq., (collectively,
“CEQA”) because it has no potential for resulting in physical change in the environment.
In the event that this Ordinance is found to be a project under CEQA, it is subject to the
CEQA exemption contained in CEQA Guidelines Section 15061(b)(3) (General Rule)
because it can be seen with certainty to have no possibility that the action approved may
have a significant effect on the environment. CEQA applies only to actions which have
the potential for causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA.
In this circumstance, the proposed action, adoption of new standard environmental
protection requirements, would have no or only a de minimis effect on the environment
because it does not commit the City to any particular project. In addition, the new
standard environmental protection requirements consist of previously adopted
mitigation measures, City conditions of approval, existing regulatory requirements, and
other best practices and are adopted for the purpose of reducing the effects of land use
development and infrastructure projects on the environment. The foregoing
determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty (30) days after adoption as provided by
Government Code Section 36937.
PC 09-28-2021
95 of 117
Ordinance No. __________
Page 5
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on October 19,
2021, and ENACTED at a regular meeting of the Cupertino City Council on November
2, 2021, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
__________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
__________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
__________________
Chris Jensen, City Attorney
________________________
Date
PC 09-28-2021
96 of 117
Attachment A – Page 1
Attachment A – Adding Chapter 17.04 (Standard Environmental Protection
Requirements)
The sections of the Cupertino Municipal Code set forth below are adopted as follows:
Add new Chapter 17.04 (Standard Environmental Protection Requirements) to Title 17
CHAPTER 17.04 Standard Environmental Protection Requirements
Section
17.04.010 Purpose
17.04.020 Definitions
17.04.030 Applicability
17.04.040 Standard Environmental Protection Technical Report Submittal Requirements
17.04.050 Standard Environmental Protection Permit Submittal Requirements
17.04.060 Violations
17.04.010 Purpose.
The purpose of this chapter is to identify standard environmental protection
requirements that all construction projects must meet, including but not limited to
environmental mitigation measures identified in any environmental documents required
as part of a General Plan update.
17.04.020 Definitions.
The following words and phrases when used in this chapter shall have the following
meanings set forth in this section:
A. “Applicable Construction Document” means a construction management plan or a
permit plan, which are the project plans associated with permit applications.
B. “Approval” means issuance of permits under Title 18 or Title 19, and when permits
pursuant to Title 18 or Title 19 are not required issuance of other required City permits
by the City of Cupertino.
C. “Construction Management Plan” means a document that includes the details the
construction manager is required to enforce to minimize potential construction
impacts related to construction crew parking, equipment staging, off-site circulation,
noise, and air quality on residents and commercial operations during the construction
phase.
PC 09-28-2021
97 of 117
Ordinance No. __________
Page 2
Standard Environmental Protection Requirements - Page 2
D. “Construction” or “Ground-disturbing activities” include any paving, excavation, soil
removal, grading, utility trenching, removal of foundations and structures, regardless
of whether the soils have been previously disturbed or not.
E. “Permit” means any discretionary or ministerial permit or approval that is required
pursuant to Title 14, Title 16, Title 18, or Title 19 of the Cupertino Municipal Code to
allow a project.
F. “Permit Plan” means any project plan(s) that are required for permit approval
pursuant to Title 14, Title 16, Title 18, or Title 19 of the Cupertino Municipal Code to
allow a project.
G. “Project” means any construction, ground-disturbing activity, or tree removal
activity.
H. “Project Applicant” means the project proponent or property owner.
I. “Regulated Projects” means any development that is subject to oversight by an
environmental regulatory agency, including but not limited to oversight by the State
Water Resources Control Board and other similar agencies.
J. “Sensitive Receptor” means the types of land uses, populations, and buildings or
structures that are considered sensitive to air pollution, noise, and vibration.
1. Air quality-sensitive population groups include children, the elderly, the acutely
ill, and the chronically ill, especially those with cardiorespiratory diseases.
Disadvantaged communities identified in CalEnviroScreen 3.0 (i.e., environmental
justice communities), as subsequently revised, supplemented, or replaced, may be
disproportionately affected by and vulnerable to poor air quality.
2. Noise-sensitive receptors include land uses where quiet environments are
necessary for enjoyment and public health and safety. Residences, schools, hotels,
libraries, religious institutions, hospitals, and nursing homes are examples.
3. Vibration-sensitive receptors include land uses residences and buildings where
people normally sleep (e.g., residences and hotels, and buildings or structures that
are susceptible to architectural damage (e.g., non-engineered timber and masonry
buildings and historic buildings).
K. “Tenant Improvement” means any construction activity that modifies interior space
in non-residential space.
L. “Tree” means Protected Trees and Public Trees under the Cupertino Municipal Code,
unprotected trees, or any other vegetation suitable for nesting birds.
PC 09-28-2021
98 of 117
Ordinance No. __________
Page 3
Standard Environmental Protection Requirements - Page 3
17.04.030 Applicability and Demonstration of Compliance.
A. Every project within the City of Cupertino shall comply with all applicable standard
environmental protection requirements identified in Section 17.04.040 and Section
17.04.050.
B. Compliance with the requirements shall be demonstrated as follows:
1. For all non-residential projects, residential projects involving the development of
four or more residential units, and mixed-use projects, 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.
2. For residential projects with three or fewer units, for residential
additions/remodels and Tenant Improvements, compliance shall be demonstrated
on permit plans to the satisfaction of the City.
3. For projects that do not require the issuance of a permit and for tree removal
projects, the property owner must demonstrate compliance by ensuring that all
applicable standard environmental protection requirements are implemented.
17.04.040 Standard Environmental Protection Technical Report Submittal
Requirements.
Every project shall implement the following standard environmental protection technical
report submittal requirements, which reports are subject to third-party peer review under
the direction of the City at the applicant’s cost, prior to the approval of the project unless
they are not applicable to the project as demonstrated by a written explanation of why
any standard environmental protection technical report submittal requirement is not
applicable to the project, subject to the review and approval of the Director of Community
Development and/or the City Engineer, or his or her designee, as appropriate:
A. Air Quality
1. Control Diesel Particulate Matter from Non-Residential Projects During
Operation. Applicants for new non-residential land uses within the city that either
have the potential to generate 100 or more diesel truck trips per day or have 40 or
more trucks with operating diesel-powered Transport Refrigeration Units (TRUs),
or are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals,
nursing homes), as measured from the property line of the project to the property
line of the nearest sensitive use, shall:
a. Prepare and submit an operational Health Risk Assessment (HRA) for
approval by the City prior to approval of the project.
PC 09-28-2021
99 of 117
Ordinance No. __________
Page 4
Standard Environmental Protection Requirements - Page 4
b. The HRA shall be prepared in accordance with policies and procedures of the
State Office of Environmental Health Hazard Assessment (OEHHA) and the
Bay Area Air Quality Management District (BAAQMD).
c. If the HRA shows that the incremental cancer risk exceeds ten in one million
(10E-06), PM2.5 concentrations exceed 0.3 micrograms per cubic meter (μg/m3),
or the appropriate noncancer hazard index exceeds 1.0, the project applicant
shall be required to identify and demonstrate that Best Available Control
Technologies for Toxics (T-BACTs) are capable of reducing potential cancer
and noncancer risks to an acceptable level, including appropriate enforcement
mechanisms.
d. T-BACTs identified in the HRA shall be indicated in the appropriate applicable
construction document prior to approval of the project. T-BACTs may include
the following measures from BAAQMD’s Planning Heathy Places Guidebook but
are not limited to:
i. Restricting nonessential idling on-site to no more than two minutes.
ii. Providing electric charging capable truck trailer spaces to accommodate
Zero Emissions (ZE) Trucks.
iii. Providing electric charging capable warehousing docks to accommodate
ZE Transport Refrigeration Units (TRUs).
iv. Requiring use of Near Zero Emissions (NZE) or ZE equipment (e.g., yard
trucks and forklifts) and/or vehicles.
v. Restricting offsite truck travel through the creation of truck routes.
2. Manage Indoor Air Pollution.
a. Applicants for residential and other sensitive land use projects (e.g., hospitals,
nursing homes, day care centers) in areas identified on the Bay Area Air
Quality Management District’s (BAAQMD) “Conduct Further Study” on the
Planning Heathy Places Map shall:
i. Prepare and submit an operational Health Risk Assessment (HRA) to the
City prior to approval of the project.
ii. The HRA shall be prepared in accordance with policies and procedures of
the State Office of Environmental Health Hazard Assessment (OEHHA)
and BAAQMD. The latest OEHHA guidelines shall be used for the analysis,
including age sensitivity factors, breathing rates, and body weights
appropriate for children ages 0 to 16 years.
PC 09-28-2021
100 of 117
Ordinance No. __________
Page 5
Standard Environmental Protection Requirements - Page 5
iii. If the HRA shows that the incremental cancer risk exceeds ten in one million
(10E-06), PM2.5 concentrations exceed 0.3 micrograms per cubic meter
(μg/m3), or the appropriate noncancer hazard index exceeds 1.0, the project
applicant shall identify and demonstrate measures that are capable of
reducing potential cancer and non-cancer risks to an acceptable level (i.e.,
below ten in one million or a hazard index of 1.0), including appropriate
enforcement mechanisms.
iv. Measures to reduce risk may include, but are not limited to:
1. Air intakes located away from high volume roadways and/or truck
loading zones.
2. Heating, ventilation, and air conditioning systems of the buildings
provided with appropriately sized Minimum Efficiency Reporting
Value (MERV) filters.
b. Applicants for residential and/or other sensitive land use projects (e.g.,
hospitals, nursing homes, day care centers) must state in the applicable
construction document where the site is located on the Bay Area Air Quality
Management District (BAAQMD) Planning Heathy Places Map, as
subsequently revised, supplemented, or replaced. If the site is located in an
area identified as “Implement Best Practices,” the project applicant shall
implement, and include in applicable construction documents, the following
best practices identified in the BAAQMD Planning Heathy Places Guidebook:
i. Install air filters rated at a MERV 13 or higher.
ii. Locate operable windows, balconies, and building air intakes as far away
from any emission source as is feasible.
iii. Incorporate solid barriers or dense rows of trees in a minimum planter
width of 5 feet per row of trees between the residential and/or sensitive land
use, and the emissions source into site design.
iv. Do not locate residential and/or sensitive land use on the ground floor units
of buildings near non-elevated sources (e.g., ground level heavily traveled
roadways and freeways).
c. The project applicant shall include the applicable measures identified in
subsections (a) and (b) above in the applicable construction documents prior to
approval of the project. Specifically, the air intake design and MERV filter
requirements shall be included on all applicable construction documents
submitted to the City and verified by the City’s Planning Division.
PC 09-28-2021
101 of 117
Ordinance No. __________
Page 6
Standard Environmental Protection Requirements - Page 6
B. Hazardous Materials
Manage Soil and/or Groundwater Contamination. Projects that involve tree
removal only are not subject to this Section B. For all other projects, except as
provided for in Section B.3, the project applicant shall complete Section B.1 and B.2,
as required, prior to approval of the project.
1. Phase I ESA. Retain the services of a qualified environmental consultant with
experience preparing Phase I Environmental Site Assessments (ESAs) to prepare
a Phase I ESA in accordance with the American Society for Testing and Materials
(ASTM) Standards on Environmental Site Assessments, ASTM E 1527-13 (ASTM
1527-13) and in accordance with the U.S. Environmental Protection Agency’s
(EPA’s) Standards and Practices for All Appropriate Inquiries (40 Code of Federal
Regulations 312), published November 2005, as subsequently revised,
supplemented, or replaced. The goal of an ASTM Phase I ESA is to evaluate site
history, existing observable conditions, current site use, and current and former
uses of surrounding properties to identify the potential presence of Recognized
Environmental Conditions (RECs) as defined in ASTM E 1527-13, associated with
the site. If the Phase I ESA does not identify any RECs, then no further action is
needed. If the Phase I ESA identifies RECs, then a Phase II ESA shall be prepared
as described in Section B.2.
2. Phase II ESA. A Phase II ESA shall be prepared by a qualified environmental
consultant and signed and stamped by a Professional Geologist or Professional
Engineer hired by the project applicant. The Phase II ESA shall include the
collection and analysis of samples designed to evaluate RECs identified in the
Phase I ESA, in compliance with ASTM standards, and a health risk assessment
to evaluate whether the RECs pose an unacceptable or potentially unacceptable
health risk to future users of the site. Depending on the health risks identified in
the Phase II ESA, the project applicant shall proceed as follows:
a. If the Phase II ESA identifies no unacceptable or potentially unacceptable
health risk associated with the RECs, then no further action is needed.
b. If the Phase II ESA identifies an unacceptable or a potentially unacceptable
health risk, the requirements related to soil remediation in Section 17.04.050B
shall apply.
3. Focused Phase I and II ESAs. Projects that are on sites which are known to have
current or former orchards or other irrigated agricultural activities that were
active in 1950 or later are assumed to contain RECs associated with organic
pesticides and are required to prepare a Focused Phase I ESA that addresses only
RECs other than those associated with organic pesticides. Depending on the
PC 09-28-2021
102 of 117
Ordinance No. __________
Page 7
Standard Environmental Protection Requirements - Page 7
contaminants found in the Focused Phase I ESA, the project applicant shall
proceed as follows:
a. If the Focused Phase I ESA identifies no other unacceptable or potentially
unacceptable health risks, then the project applicant shall prepare a Focused
Phase II ESA that addresses only the potential hazards associated with
organic pesticides.
b. If the Focused Phase I ESA identifies RECs other than organic pesticides, then
the project applicant shall prepare the Phase II ESA as described in Section
B.2 to address both the organic pesticides RECs and all other RECs.
C. Vehicle Miles Traveled
Evaluate Vehicle Miles Traveled or VMT. Project applicants shall prepare a
vehicle miles traveled (VMT) analysis, which shall include a comparison of
existing VMT and project-generated VMT, for review and approval prior to project
approval, indicating that the project meets the standards in Section
17.08.040 (Vehicle Miles Traveled (VMT) Standards).
D. Vibration
1. Manage Vibration During Construction. The project applicant shall provide
a vibration study to determine vibration levels due to construction to the City,
prior to approval of the project, when the following activities would occur
within the screening distance to buildings or structures: pile driving within 100
feet, vibratory roller within 25 feet, or other heavy equipment (e.g., bulldozer)
within 15 feet; and for historical structures: pile driving within 135 feet,
vibratory roller within 40 feet, or other heavy equipment within 20 feet. If
vibration levels due to construction activities exceeds 0.2 inches per second
peak particle velocity (in/sec PPV) at nearby buildings or structures, or 0.12
in/sec PPV at historical structures, the project shall implement the following
alternative methods/equipment:
a. For pile driving, one of the following options shall be used: caisson drilling
(drilled piles), vibratory pile drivers, oscillating or rotating pile installation
methods, or jetting or partial jetting of piles into place using a water injection
at the tip of the pile.
b. For paving, use a static roller in lieu of a vibratory roller.
c. For grading and earthwork activities, off-road equipment that shall be
limited to 100 horsepower or less.
PC 09-28-2021
103 of 117
Ordinance No. __________
Page 8
Standard Environmental Protection Requirements - Page 8
Section 17.04.050 Standard Environmental Protection Permit Submittal
Requirements
Every project shall implement the following standard environmental protection permit
submittal requirements prior to the issuance of permits by the City unless they are not
applicable to the project as demonstrated by a written explanation of why any standard
environmental protection permit submittal requirement is not applicable to the project,
subject to the review and approval of the Director of Community Development and/or
the City Engineer, or his or her designee, as appropriate:
A. Air Quality
1. Control Fugitive Dust During Construction. Projects shall implement the Bay
Area Air Quality Management District Basic Control Measures included in 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. The project applicant shall include these measures in the applicable
construction documents, prior to issuance of the first permit.
2. Control Construction Exhaust. Projects that disturb more than one-acre and are
more than two months in duration, shall implement the following measures and
the project applicant shall include them in the applicable construction document,
prior to issuance of the first permit:
a. Utilize off-road diesel-powered construction equipment that is rated by the
U.S. Environmental Protection Agency (EPA) as Tier 4 or higher for equipment
more than 25 horsepower. Any emissions control device used by the contractor
shall achieve emissions reductions that are no less than what could be achieved
by a Tier 4 interim emissions standard for a similarly sized engine, as defined
by the California Air Resources Board’s (CARB) regulations. Applicable
construction documents shall clearly show the selected emission reduction
strategy for construction equipment over 25 horsepower.
b. Ensure that the construction contractor shall maintain a list of all operating
equipment in use on the project site for verification by the City. The
construction equipment list shall state the makes, models, and number of
construction equipment on-site.
c. Ensure that all equipment shall be properly serviced and maintained in
accordance with the manufacturer’s recommendations.
PC 09-28-2021
104 of 117
Ordinance No. __________
Page 9
Standard Environmental Protection Requirements - Page 9
3. Control Volatile Organic Compound Emissions from Paint. Projects shall use
low-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.
B. Hazardous Materials
Soil Remediation Required. If a Focused or other Phase II ESA, as required pursuant
to Section 17.04.040(B)(1), identifies an unacceptable or a potentially unacceptable
health risk, the project applicant shall, depending on the contaminant, contact either
the Environmental Protection Agency (EPA), Department of Toxic Substances Control
(DTSC), Regional Water Quality Control Board (RWQCB) or local Certified Unified
Program Agency (CUPA). The project applicant shall enter into a regulatory agency
oversight program with an appropriate regulatory agency, or an established
voluntary oversight program alternative with an appropriate regulatory agency, as
determined by the City, and follow the regulatory agency’s recommended response
actions until the agency reaches a no further action determination, prior to issuance
of any permit for a project that allows ground disturbing activity.
C. Greenhouse Gas Emissions and Energy
Reduce Greenhouse Gas Emissions (GHG) and Energy Use. The project applicant
shall complete the City of Cupertino Climate Action Plan – Development Project
Consistency Checklist, for review and 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, in order to reduce greenhouse gas emissions and
conserve energy.
D. Biological Resources
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 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 Department
of 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.
PC 09-28-2021
105 of 117
Ordinance No. __________
Page 10
Standard Environmental Protection Requirements - Page 10
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:
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
PC 09-28-2021
106 of 117
Ordinance No. __________
Page 11
Standard Environmental Protection Requirements - Page 11
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.
2. Avoid Special-Status Roosting Bats During Construction.
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
PC 09-28-2021
107 of 117
Ordinance No. __________
Page 12
Standard Environmental Protection Requirements - Page 12
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.
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
PC 09-28-2021
108 of 117
Ordinance No. __________
Page 13
Standard Environmental Protection Requirements - Page 13
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.
E. Cultural Resources
1. Protect Archaeological Resources and Tribal Cultural Resources: For all
projects requiring ground-disturbing activities on land with no known
archaeological or tribal cultural resources that has not been previously
disturbed and/or where ground-disturbing activities would occur at a greater
depth or affect a greater area than previously disturbed, the following shall be
required:
a. Areas with No Known Cultural Resources. For all projects within areas
where there are no known cultural resources, prior to 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
archaeological site indicators, the potential for discovery of archaeological
resources, laws pertaining to these resources, and procedures for protecting
these resources as follows:
i. 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.
ii. The potential for undiscovered archaeological resources or tribal
cultural resources on site.
iii. 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.
PC 09-28-2021
109 of 117
Ordinance No. __________
Page 14
Standard Environmental Protection Requirements - Page 14
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the
following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. 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.
3. 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 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.
b. Areas with Known Cultural Resources. For all projects within areas of known
cultural resources as documented in the 2015 General Plan EIR Table 4.4-2,
Cultural Resources in the Project Study Area and Vicinity, as subsequently
revised, supplemented, or replaced by the City, and the archaeological or
tribal cultural resources cannot be avoided, in addition to the requirements in
Section E.1.a for all construction projects with ground-disturbing activities,
the following additional actions shall be implemented prior to ground
disturbance:
i. The project applicant shall retain a qualified archaeologist to conduct a
subsurface investigation of the project site, and to ascertain the extent of
the deposit of any buried archaeological materials relative to the project’s
area of potential effects, in consultation with a tribal representative as
applicable. The archaeologist shall prepare a site record and file it with the
California Historical Resource Information System and the City of
Cupertino.
PC 09-28-2021
110 of 117
Ordinance No. __________
Page 15
Standard Environmental Protection Requirements - Page 15
ii. If the resource extends into the project’s area of potential effects as
determined by the archaeologist, the resource shall be evaluated by a
qualified archaeologist to determine if the resource is eligible for listing on
the California Register of Historical Resources. If the qualified
archaeologist determines that the resource is not eligible, no further action
is required unless there is a discovery of additional resources during
construction (as required above for all construction projects with ground-
disturbing activities). If the qualified archaeologist determines that the
resource is eligible, the qualified archaeologist shall identify ways to
minimize the effect which the project applicant shall implement. A written
report of the results of investigations and mitigations shall be prepared by
the qualified archaeologist and filed with the California Historic Resources
Information System Northwest Information Center and the City of
Cupertino.
2. Protect Human Remains and Native American Burials. 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 construction 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
PC 09-28-2021
111 of 117
Ordinance No. __________
Page 16
Standard Environmental Protection Requirements - Page 16
recommendations, the owner or the descendent may request mediation by the
NAHC. Construction shall halt until the mediation has concluded.
F. Hydrology and Water Quality
Control Stormwater Runoff Contamination. The project applicant shall
demonstrate compliance with Chapter 9.18 (Stormwater Pollution Prevention and
Watershed Protection) of the Cupertino Municipal Code, to the satisfaction of the
City of Cupertino. All identified stormwater runoff control measures shall be
included in the applicable construction documents.
G. Noise and Vibration
1. Notice and Signage:
a. At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant shall send notices of the planned
activity by first class mail as follows:
i. 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;
ii. 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
iii. 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 project applicant
shall provide the City with evidence of mailing of the notice, upon request. If
pile driving, see additional noticing requirements in subsection 3(b) below.
b. 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
PC 09-28-2021
112 of 117
Ordinance No. __________
Page 17
Standard Environmental Protection Requirements - Page 17
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.
2. Manage Noise During Construction. Projects shall implement 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.
PC 09-28-2021
113 of 117
Ordinance No. __________
Page 18
Standard Environmental Protection Requirements - Page 18
3. Manage Vibrations During Construction: In the event pile driving is required,
the project applicant shall:
a. Notify all vibration-sensitive receptors within 300 feet of the project site of the
schedule 10 days prior to its commencement and include the contact
information for the person responsible for responding to complaints on site.
b. The project applicant shall retain a qualified acoustical consultant or structural
engineer, to prepare and implement a Construction Vibration Monitoring
Plan, which is subject to third-party peer review under the direction of the
City at the applicant’s cost, for areas within 100 feet for pile driving, 25 feet for
vibratory roller, or 15 feet for other heavy equipment (e.g., bulldozer); and for
historical structures: within 135 feet for pile driving, 40 feet for vibratory
roller, or 20 feet for other heavy equipment. The plan shall include surveying
the condition of existing structures; and determining the number, type, and
location of vibration sensors and establish a vibration velocity limit (as
determined based on a detailed review of the proposed building), method
(including locations and instrumentation) for monitoring vibrations during
construction, location of notices displaying the contact information for on-site
coordination and complaints on site, and method for alerting responsible
persons who have the authority to halt construction should limits be exceeded
or damaged observed.
c. Submit final monitoring reports to the City upon completion of vibration
related construction activities.
d. Conduct a post-survey on any structure where either monitoring has
indicated high vibration levels or complaints that damage has occurred are
received.
e. The project applicant shall be responsible for appropriate repairs as
determined by the qualified acoustical consultant or structural engineer
where damage has occurred as a result of construction activities.
H. Paleontological Resources
Protect Paleontological Resources During Construction. 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. 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
PC 09-28-2021
114 of 117
Ordinance No. __________
Page 19
Standard Environmental Protection Requirements - Page 19
actions may include, but are not limited to, a mitigation plan formulated pursuant
to guidelines developed by the Society of Vertebrate Paleontology 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.
I. Utilities and Service Systems
1. 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.
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.
2. Ensure Adequate Water Supply and Infrastructure. The project applicant shall
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.
PC 09-28-2021
115 of 117
Ordinance No. __________
Page 20
Standard Environmental Protection Requirements - Page 20
17.04.050 Violations
Violation of any of the standard environmental protection requirements, except for any
such standard environmental protection requirements that the Director of Community
Development and/or the City Engineer, or his or her designee, has deemed inapplicable
pursuant to Section 17.04.040 and Section 17.04.050, constitutes a violation of this Code.
PC 09-28-2021
116 of 117
PC 09-28-2021
117 of 117