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HomeMy WebLinkAboutPC 12-09-25 Searchable PacketCITY OF CUPERTINO PLANNING COMMISSION AGENDA 10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, December 9, 2025 6:45 PM IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION OPTIONS TO OBSERVE: Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) Watch a live stream online at www.Cupertino.org/youtube and www.Cupertino.org/webcast. OPTIONS TO PARTICIPATE AND COMMENT: Members of the public wishing to address the Planning Commission may do so in the following ways: 1) Appear in person at Cupertino Community Hall: a. During “Oral Communications”, the public may comment on matters not on the agenda, and for agendized matters, the public may comment during the public comment period for each agendized item. b. Speakers are requested to complete a Speaker Card . While completion of Speaker Cards is voluntary and not required to attend the meeting or provide comments , it is helpful for the purposes of ensuring that all speakers are called upon. c. Speakers must wait to be called, then proceed to the lectern/podium and speak into the microphone when recognized by the Chair. d. Speakers are limited to three (3) minutes each. However, the Chair may reduce the speaking time depending on the number of people who wish to speak on an item. A speaker representing a group of 2 to 5 or more people who are present may have up to 2 minutes per group member, up to 10 minutes maximum. e. Please note that due to cyber security concerns, speakers are not allowed to connect any Page 1 1 PC 12-9-2025 1 of 234 Planning Commission Agenda December 9, 2025 personal devices at the lectern/podium. However, speakers that wish to share a document (e.g. presentations, photographs or other documents) during oral comments may do so in one of the following ways: • At the overhead projector at the podium or • E-mail the document to planning@cupertino.gov by 3:00 p.m. and staff will advance the slides/share the documents during your oral comment. 2) Written communications as follows: a. E-mail comments to planningcommission@cupertino.gov b. Regular mail or hand delivered addressed to the: Cupertino Planning Commission, City Hall, 10300 Torre Avenue, Cupertino, CA 95014 c. Comments addressed to the Planning Commission received by 5:00 p.m. on the day of the meeting will be included in written communications published and distributed before the beginning of the meeting. b. Comments addressed to the Planning Commission received after the 5:00 p.m. deadline, but through the end of the Planning Commission meeting, will be posted to the City’s website by the end of the following business day. 3) Teleconference in one of the following ways: a. Online via Zoom on an electronic device (Audio and Video): Speakers must register in advance by clicking on the link below to access the meeting: https://cityofcupertino.zoom.us/webinar/register/WN_bdLZ2IBaQTW8hnsrou54WQ • Registrants will receive a confirmation email containing information about joining the webinar. • Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak. • Please read the following instructions about technical compatibility carefully: One can directly download the teleconference (Zoom) software or connect to the meeting in their internet browser. If a browser is used, make sure the most current and up-to-date browser, such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. Page 2 2 PC 12-9-2025 2 of 234 Planning Commission Agenda December 9, 2025 b. By Phone (Audio only): No registration is required in advance and speakers may join the meeting as follows: i. Dial 669-900-6833 and enter WEBINAR ID: 885 4572 2419 ii. To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 iii. Speakers will be recognized to speak by the last four digits of their phone number. c. Via an H.323/SIP room system: i. H.323 Information: 144.195.19.161 (US West) 206.247.11.121 (US East) Meeting ID: 885 4572 2419 ii. SIP: 88545722419@zoomcrc.com PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1.Subject: Approval of the November 12, 2025 Planning Commission Minutes. Approve the November 12, 2025 Planning Commission Minutes. 1- Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. PUBLIC HEARINGS Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. Page 3 3 PC 12-9-2025 3 of 234 Planning Commission Agenda December 9, 2025 2.Subject: Consideration of a new residential development of 57 townhomes, including 11 affordable units, to replace two office buildings on a 2.6-acre site, located close to the northeast corner of the intersection of Stevens Creek Blvd and Randy Lane. (Application No(s): DP-2025-001, ASA-2024-016, TM-2024-010, TR-2024-045, & U-2025-006; Applicant(s): Dividend Homes; Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) Recommended Action: Staff recommend that the Planning Commission adopt the draft resolutions recommending that the City Council: 1. Find the project exempt from the California Environmental Quality Act (CEQA) 2. Approve the following permits: a. Development Permit (DP-2025-001) (Attachment 1); b. Use Permit (U-2025-006) (Attachment 2); c. Architectural & Site Approval Permit (ASA-2024-016) (Attachment 3); d. Tentative Final Map (TM-2024-010) (Attachment 4) e. Tree Removal Permit (TR-2024-045) (Attachment 5) Staff Report 1– Draft Resolution for DP-2025-001 2 - Draft Resolution for U-2025-006 3 – Draft Resolution for ASA-2024-016 4 – Draft Resolution for TM-2024-010 5 - Draft Resolution for TR-2024-045 6 – CEQA Exemption Memorandum 7 – Public Comment 8 – Project Site Plan and Renderings 3.Subject: Consider a new residential development of 32 townhomes, including 6 affordable units, to replace three office buildings on a 1.77-acre site, located mid-block corner on Stevens Creek Boulevard between Randy Lane and Blaney Avenue. (Application No(s): DP-2025-002, ASA-2025-004, TM-2025-002, TR-2025-002, & U-2025-007; Applicant(s): Dividend Homes; Location: 20045 & 20065 Stevens Creek Blvd. (A.P.N.: 316-23-095, -096) Recommended Action: That the Planning Commission adopt the draft resolutions recommending that the City Council: 1. Find the project exempt from the California Environmental Quality Act (CEQA) 2. Approve the following permits: a. Development Permit (DP-2025-002) (Attachment 1); b. Use Permit (U-2025-007) (Attachment 2); c. Architectural & Site Approval Permit (ASA-2025-004) (Attachment 3); d. Tentative Final Map (TM-2025-002) (Attachment 4) e. Tree Removal Permit (TR-2025-002) (Attachment 5) Page 4 4 PC 12-9-2025 4 of 234 Planning Commission Agenda December 9, 2025 Staff Report 1– Draft Resolution for DP-2025-002 2 - Draft Resolution for U-2025-007 3 – Draft Resolution for ASA-2025-004 4 – Draft Resolution for TM-2025-002 5 - Draft Resolution for TR-2025-002 6 – CEQA Exemption Memorandum 7 – Public Comment 8 – Project Site Plan and Renderings OLD BUSINESS - None NEW BUSINESS - None STAFF AND COMMISSION REPORTS This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the Commission and for Commissioners to report on any Commission related activities they have taken part in since the prior regularly scheduled meeting. FUTURE AGENDA SETTING This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be brief and without discussion by the Commission. 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 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 Page 5 5 PC 12-9-2025 5 of 234 Planning Commission Agenda December 9, 2025 Planning packet archives linked from the agenda/minutes page on the City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100, written communications sent to the City Council, Commissioners or 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 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. 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 6 6 PC 12-9-2025 6 of 234 CITY OF CUPERTINO Agenda Item ..Title Subject:Approval of the November 12, 2025 Planning Commission Minutes. Approve the November 12, 2025 Planning Commission Minutes. CITY OF CUPERTINO Printed on 12/4/2025Page 1 of 1 7 PC 12-9-2025 7 of 234 DRAFT MINUTES CUPERTINO PLANNING COMMISSION Wednesday, November 12, 2025 At 6:45 p.m. Chair Santosh Rao called the Regular Planning Commission meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference. ROLL CALL Present: Chair Santosh Rao, Vice Chair Tracy Kosolcharoen, and Commissioners Steven Scharf, Seema Lindskog and David Fung. Absent: None. APPROVAL OF MINUTES 1. Subject: Approval of the October 28, 2025 Planning Commission Minutes. Recommended Action: Approve the October 28, 2025 Planning Commission Minutes. MOTION: Rao moved and Lindskog seconded to approve the October 28, 2025 Planning Commission Minutes. The motion carried with the following vote: Ayes: Rao, Kosolcharoen, Scharf, Lindskog, Fung. Noes: None. Abstain: None. Absent: None. POSTPONEMENTS – None ORAL COMMUNICATIONS Jennifer Griffin discussed proposed changes to city governance and potential reforms to California’s CEQA law. She noted that the California Chamber of Commerce was planning a 2026 initiative to modify CEQA following disagreements with recent legislative actions by the governor, Senator Wiener, and Assemblymember Wicks. She emphasized the importance of monitoring these developments closely. Rhoda Fry expressed concern about newly installed artsy bike racks in town, noting that their design could potentially trap children. After checking with the building department, she learned the racks were not reviewed for safety and urged the city to conduct due diligence before installing more. Drawing on her 40 years in Cupertino, she also pointed out recurring ADA compliance issues in city projects and suggested involving the building department more closely to prevent such problems. 8 PC 12-9-2025 8 of 234 PUBLIC HEARINGS 2. Subject: Consideration of a new residential development project consisting of 55-townhome-condominium units and 10 ADUs, housed within ten three-story buildings, on three contiguous parcels, totaling 2.72-acres, located on the south side of Stevens Creek Boulevard at the present location of the Idlewild Shopping Center/United Furniture. (Application No(s): DP-2024-004, ASA-2024-008, TM-2024-005, & U-2025-004; Applicant(s): Nick Kosla (Toll Brothers); Location: 10075 E. Estates & 19610 Stevens Creek Blvd. (A.P.N.: 369-06-002, - 003, -004) Recommended Action: Staff recommend that the Planning Commission adopt the draft resolutions recommending that the City Council: 1. Find the project exempt from the California Environmental Quality Act (CEQA) and 2. Approve the following permits: a. Development Permit (DP-2024-004) (Attachment 1); b. Use Permit (U-2025-004) (Attachment 2); c. Architectural & Site Approval Permit (ASA-2024-008) (Attachment 3); d. Tentative Final Map (TM-2024-005) (Attachment 4) Chair Rao opened the Public Hearing and the floor to ex-parte disclosures. Assistant Director of Community Development Luke Connolly introduced Senior Planner Gian Martire, who gave a presentation. Assistant Director of Community Development Luke Connolly introduced the applicant, who gave a presentation. Commissioners asked questions which staff responded to. Chair Rao opened the public comment period and the following people spoke: • Jennifer Griffin • Henry Choi • Jeff Shavea • Nick Kosla • Peggy Griffin • Sunil Satnur • Prabal Bhattacharya • Rhoda Fry Chair Rao closed the public comment period. 9 PC 12-9-2025 9 of 234 At 8:37 p.m., Chair Rao recessed the meeting. The meeting reconvened at 8:43 p.m. with all Commissioners present. After discussion by the Commissioners, the Public Hearing was closed. MOTION: Rao moved and Lindskog seconded to move the staff recommendation. The motion carried with the following vote: Ayes: Rao, Kosolcharoen, Scharf, Lindskog, Fung. Noes: None. Abstain: None. Absent: None. NEW BUSINESS - None STAFF AND COMMISSION REPORTS – Assistant Director of Community Development Luke Connolly discussed the upcoming Planning Commissioner Academy. FUTURE AGENDA SETTING – None ADJOURNMENT At 9:26 p.m. Chair Rao adjourned the Regular Planning Commission Meeting. Minutes prepared by: Lindsay Nelson, Administrative Assistant 10 PC 12-9-2025 10 of 234 CITY OF CUPERTINO Agenda Item Subject: Consideration of a new residential development of 57 townhomes, including 11 affordable units, to replace two office buildings on a 2.6-acre site, located close to the northeast corner of the intersection of Stevens Creek Blvd and Randy Lane. (Application No(s): DP-2025-001, ASA-2024-016, TM-2024-010, TR-2024-045, & U-2025-006; Applicant(s): Dividend Homes; Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) Staff recommend that the Planning Commission adopt the draft resolutions recommending that the City Council: 1. Find the project exempt from the California Environmental Quality Act (CEQA) 2. Approve the following permits: a. Development Permit (DP-2025-001) (Attachment 1); b. Use Permit (U-2025-006) (Attachment 2); c. Architectural & Site Approval Permit (ASA-2024-016) (Attachment 3); d. Tentative Final Map (TM-2024-010) (Attachment 4) e. Tree Removal Permit (TR-2024-045) (Attachment 5) CITY OF CUPERTINO Printed on 12/4/2025Page 1 of 1 11 PC 12-9-2025 11 of 234 PLANNING COMMISSION STAFF REPORT Meeting: December 9, 2025 Subject Consideration of a new residential development of 57 townhomes, including 11 affordable units, to replace two office buildings on a 2.6 -acre site, located close to the northeast corner of the intersection of Stevens Creek Blvd and Randy Lane. (Application No(s): DP-2025-001, ASA-2024-016, TM-2024-010, TR-2024-045, & U-2025-006; Applicant(s): Dividend Homes; Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) Recommended Actions Staff recommend that the Planning Commission adopt the draft resolutions recommending that the City Council: 1. Find the project exempt from the California Environmental Quality Act (CEQA) 2. Approve the following permits: a. Development Permit (DP-2025-001) (Attachment 1); b. Use Permit (U-2025-006) (Attachment 2); c. Architectural & Site Approval Permit (ASA-2024-016) (Attachment 3); d. Tentative Final Map (TM-2024-010) (Attachment 4) e. Tree Removal Permit (TR-2024-045) (Attachment 5) Discussion Project Data General Plan Land Use Designation Commercial / Office / Residential at a maximum residential density of 25 du/acre* Special Planning Area Heart of the City Specific Plan (Central Stevens Creek Boulevard subarea) Zoning Designation P(CG, Res) Lot Area 2.69 acres (gross), 2.65 acres (net) Allowed/Required Proposed Maximum Density Up to 25 units per acre* 21.5 units per acre 12 PC 12-9-2025 12 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 2 & U-2025-006 1 The applicable General Plan can be found online at https://records.cupertino.org/WebLink/DocView.aspx?id=1019620&dbid=0&repo=CityofCupertino&_gl=1 *gufghv*_ga*OTc5OTgwMjc4LjE3NDQ3Mzc0NDM.*_ga_NCY1KGMD5Y*czE3NDkwMDIwNzAkbzY2J GcxJHQxNzQ5MDAyMDgwJGo1MCRsMCRoMA.. 2 The applicable version of the Heart of the City Specific Plan can be found online at https://www.cupertino.gov/files/assets/city/v/1/departments/documents/community- development/planning/land-use-plans/heart-of-the-city-specific.pdf Height of Structures Max. 45 feet measured from sidewalk to top of cornice, parapet, or eave line of a peaked roof. 45’-10” (Waiver Requested) Setbacks Front 35 feet from edge of curb 26 feet from edge of curb (Waiver Requested) Sides One-half height of building (22’-5”) 12 feet (Waiver Requested) Rear One and one-half height of building (64’) 13’ 6” (Waiver Requested) Usable Open Space Common 150 square feet per unit (8,550 square feet) 0 square feet (Waiver Requested) Private 60 square feet per unit and no dimension less than 6 feet Average per unit 316 square feet Project Consistency with: General Plan1 Consistent under SB330 and state density bonus law. Density bonus concession for mixed-use requirement requested Specific Plan2 Consistent under state density bonus law. Density bonus waivers requested for setbacks, common open space design, and retail requirements Zoning Consistent under SB330 and state density bonus law. Density bonus waivers requested for lot coverage. * Since the project utilizes the provisions of SB330 (as discussed later in the report) the development standards, regulations and fees applicable at the time of submitting a SB330 preliminary application apply. While one of the sites is a Housing Element site (Priority Housing Site no. 8) in the 6th Cycle Housing Element, and has a minimum density of 50 du/ac and a maximum density of 65 du/ac, under SB330 the applicable residential is 25 du/ac. 13 PC 12-9-2025 13 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 3 & U-2025-006 Background On December 19, 2024, the City received an application to redevelop the property located in 20085 and 20111 Stevens Creek Blvd. The project site is located within the Central Stevens Creek Boulevard subarea of the Heart of the City (“HOC”) Specific Plan Area. The 2.65 net-acre property comprising of two parcels is bounded by Stevens Creek Boulevard to the south, office uses to the east (and the subject of another housing development project), and retail/single-family uses to the west. The site abuts single- family residences to the north (See Figure 1) On each of the two parcels are multi-tenant commercial buildings. At 20111 Stevens Creek, the approximately 26,000 square-feet office building has a mix of office tenants on both floors, and a day care center on a portion of the first floor , while the approximately 13,000 square-feet building at 20085 Stevens Creek is occupied by miscellaneous office tenants. . The larger western portion (20111 Stevens Creek Blvd. APN 316-23-026) of the project site was designated as a Priority Housing Site through the adoption of the City’s 2024 Housing Element update in May 2024 and rezoned two months later in July to accommodate high-density residential development, consistent with the site’s location on Stevens Creek Boulevard with a minimum density of X units per acre and a maximum of Y units per acre. However, at the time the SB330 preliminary application was submitted in June 2024, the City’s Housing Element, while submitted, was not yet certified by the CA Department of Housing and Community Development (HCD) and the development standards in place at that time were essentially “locked in” by the Figure 1 Aerial of project site. 14 PC 12-9-2025 14 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 4 & U-2025-006 submittal of the preliminary application.3 Therefore, the project site is subject to the development standards of the General Plan, Heart of the City Specific Plan, and Planned Development “P” zoning designation, as they were in June of 2024. The “P” zoning designation is detailed in Cupertino Municipal Code Chapter 19.80 Planned Development Zones. The “P” zoning designation is intended to provide a means of guiding land development or redevelopment within the city that is uniquely suited for planned coordination of land uses and land development. Where residential development is proposed on properties in the Planned Development zoning district, and where the Specific Plan is silent, development must adhere to Multifamily (R -3) zoning regulations. Principally, the proposed project consists of 57 townhome-style condominiums. Review of the project is limited by several State laws including the Housing Accountability Act, the Housing Crisis Act (SB330) and Density Bonus Law. Housing Accountability Act The Housing Accountability Act (HAA), codified in California Government Code § 65589.5, prohibits cities from disapproving, or adding conditions of approval that would render infeasible a housing development project unless the proposal is found to be in violation of an objective general plan or zoning standard4 or the project will result in a specific adverse impact to public health and safety. While changes to the project may be applied by the decision-making, or hearing, body to further applicable City goals, policies, and strategies – any changes required by the decision-making, or hearing, body that are not based on objective standards may not result in making the project, as proposed, infeasible or reduce the number of housing units. As this project consists exclusively of residential units, it is considered a “housing development project” under the HAA. Housing Crisis Act (a.k.a. “SB 330” or “HCA”) Adopted in 2019 under Senate Bill 330, and amended in 2021 by Senate Bill 8, the HCA broadly aims to address actions that would decrease or delay the approval and development of new housing by requiring the timely processing of permits by local agencies. Among many components, the law includes a provision to allow applicants to vest ("lock-in") fees, ordinances, policies, and standards that are in effect at the time of submittal of a SB330 preliminary application to the City. Only the limited information specified in State law is required for the submittal of a SB330 preliminary application. 3 Housing Element available online at: www.cupertino.gov/gp. See Table B4-9 in Appendix B. 4 Unless otherwise waived or reduced through use of the Density Bonus law, discussed further below. 15 PC 12-9-2025 15 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 5 & U-2025-006 Further, the law prohibits the City from conducting more than five hearings, or meetings, in connection with the approval of a housing development project. In summary, the proposed project is governed by a SB330 preliminary application submitted on June 27, 2024, and, in accordance with the requirements of the HCA, the project was reviewed under the requirements in effect at that time. Density Bonus Law California’s Density Bonus Law (DBL), codified in California Government Code § 65915- 65918, aims to promote and facilitate the creation of affordable units in new housing projects by allowing:  A density "bonus" that allows for an increase to a property’s base density5;  Unlimited waivers to development standards that would physically preclude the construction of the project as designed6;  Concessions that modify development standards to achieve an identifiable and actual cost reduction7; and  Reduced parking standards8. Since 20 percent, or 119 of the proposed 57 town homes, of the project’s units will be affordable to moderate and median income households, consistent with the City’s Below Market Rate (BMR) requirements, the project is eligible for a density bonus. It is important to note that, while qualifying projects are allowed to increase their density and total number of units proposed, an applicant may elect to only utilize the available waivers, concessions, or the reduced parking standards, without providing additional density bonus units, as is the case with the proposed project. The project includes a request for 8 waivers and 1 concession from applicable standards of the General Plan, HOC, and Zoning Code. These requests are discussed later in this report. Project Proposal 5 I.e., more market rate units than allowed by the density, as determined by the specific percentage and level of affordability of the affordable units included in a project. 6 I.e., modifications or elimination of any development standard 7 Specified number of incentives as identified in state law based on the level of affordability and percentage of affordable units 8 Parking standards identified in state law by project type, proximity of transit facilities, affordability level of the development (or affordable units) and/or number of bedrooms 9 The Project is required to provide 11.4 units (20% of 57 units). Pursuant to the City’s BMR program 11 units will be provided on the site and the 0.4 unit will be pai d in in-lieu fee. 16 PC 12-9-2025 16 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 6 & U-2025-006 The project applicant, Dividend Homes, is proposing a 57-unit townhome-condominium development. The project consists of ten buildings, three stories in height, with individual units ranging in size (including garage space) from 2,136 square feet to 2,704 square feet. As required by the City’s Below Market Rate (BMR) Housing Program, eleven of the units will be allocated as affordable housing units for sale to median- and moderate-income households10. Based on the scope of project, the City has required the following permits: Development Permit, Use Permit, Architectural and Site Approval, Tree Removal Permit and a Vesting Tentative Map. Architecture and Site Design The applicant proposes a “contemporary” style architecture, typified by flat-roofed buildings with rooftop decks and generous window areas. The project’s architecture reflects its more urban, commercial context, which also features flat roofs and a contemporary aesthetic. The use of clean, modern forms and details ensures the development better integrates with the more commercial character of the area. Materials and colors are used to accentuate changes in building plane, which adds visual interest through form-oriented architecture without relying on faux ornamentation. Each unit includes a roof deck providing private outdoor space, with some units also offering private side yards. The project falls within the Central Stevens Creek Boulevard: Flowering Orchard Guidelines as identified in the Heart of the City Specific Plan. Accordingly, the trees selected for the frontage are Flowering Pears, a deciduous tree with a showy fall color. The majority of the trees proposed for the interior of the site are also deciduous, flowe ring trees. Shrubs, ornamental grasses, vines and groundcovers selected are low to moderate 10 Due to limitations of Government Code § 65103.5, the distribution of copyrighted material associated with the review of development projects is limited. Plans have been emailed under separate cover to allow the Commissioners to review the proposed plans. Commissioners and Councilmembers cannot share plans with outside parties, including community members. The public is able to make an appointment with the Planning Division to view these plans at City Hall. Figure 2 Site Plan. 17 PC 12-9-2025 17 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 7 & U-2025-006 in water use, many of which provide flowers or foliage color. Evergreen shrubs will be used to screen all above ground utilities. Pedestrian walkways will be colored concrete with a stone texture finish. Crosswalks will be delineated with an earth tone color stamped asphalt. This is also used to break up the vehicular access street paving. An arbor is located at the entry of the development from Stevens Creek Boulevard. Vine covered arbors are also placed at the entry to the paseos leading to the residential entries. Benches beneath arbors are located at the ends of the paseo providing quiet spots to relax. Community mailboxes are centrally located with an arbor/screen located to soften the units and provide a central vertical element along the main drive entering the development. A good neighbor board-on-board fence is proposed to provide privacy and security along the east property boundary. Existing walls along the north and west property lines will remain in place. Private back yards are provided for nine of the units. A 6’ horizontal fence will be used to create private back yards between each unit. A fully automated drip irrigation system will be designed to water all new plant material. The system will include rain and soil moisture sensors as well as a wi-fi-enabled controller. Analysis General Plan Compliance The proposed project consists of a residential development consistent with the site’s General Plan Land Use Designation of Commercial/Office/Residential.11 The General Plan designation allows a maximum density of 25 dwelling units per acre, which would allow 67 units for the 2.65-acre site. The project includes 57 units, as permitted by the General Plan density in effect when the SB330 Preliminary Application was submitted. The City’s General Plan Land Use Element Strategies LU-1.3.1 (1) and LU-15.1.1 require all mixed-use areas with commercial zoning to provide retail as a substantial component of a project and Land Use Element Strategy LU-1.3.1 (4) requires a Conditional Use Permit 11 While the General Plan requires the development of the property using the Commercial Centers and Mixed-use Village concept, when a residential development is proposed, state law, under SB330 prohibits the City from applying any non-objective standards. The General Plan language describing the Mixed-use Village concept is subjective and therefore, cannot be applied to the project. In addition, since this project utilizes the provision of Density Bonus, the developer would have the option to invoke unlimited waivers to propose the 100% residential project, as designed. 18 PC 12-9-2025 18 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 8 & U-2025-006 to be approved when housing is proposed on non-Housing Element mixed-use sites12. The project applicant is requesting a Density Bonus concession to waive the requirement for retail to be a substantial component of a project in this zoning category. They are further requesting a waiver of the 1:1 slope line from curb. The concession and waiver request are discussed in further detail in the Density Bonus Section of this Staff Report. A Conditional Use Permit has been included in this review to address the requirements of LU-1.3.1 (4). Staff has evaluated the project’s consistency with the General Plan and concludes that based on the conformance with the General Plan Land Use designation for the site, the general alignment of design with General Plan requirements, notwithstanding the limitations of state law, and the absence of environmental impacts as analyzed in the Notice of Exemption memo (see Environmental Review section of this Staff Report), the proposed project supports several of the City’s General Plan goals, as outlined below.  Policy LU-2.2: Pedestrian-Oriented Public Spaces. Require developments to incorporate pedestrian-scaled elements along the street and within the development such as parks, plazas, active uses along the street, active uses, entries, outdoor dining & public art.  Policy LU-3.3: Building Design. Ensure that building layouts and design are compatible with the surrounding environment and enhance the streetscape and pedestrian activity.  Strategy LU-3.3.10: Entrances. In multi-family projects where residential uses may front on streets, require pedestrian-scaled elements such as entries, stoops and porches along the street.  Policy LU-27.2: Relationship to the Street. Ensure that new development in and adjacent to neighborhoods improve the walkability of neighborhoods by providing inviting entries, stoops and porches along the street frontage, compatible building design and reducing visual impacts of garages.  Policy INF 2.4.2 Development. Require undergrounding of all utility lines in new developments and highly encourage undergrounding in remodels or redevelopment of major projects. 12 While a portion of the project site is designated as a Priority Housing Site by the City’s Housing Element update of 2024, the project’s SB330 preliminary application was rec eived on June 27, 2024 and the project is therefore vested and subject to the requirements in place in June of 2024. 19 PC 12-9-2025 19 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 9 & U-2025-006  Strategy HE-2.3.7: Density Bonus Ordinance. The City will encourage use of density bonuses and incentives, as applicable, for housing developments which include: o At least 10 percent of the housing units in a for -sale common interest development are restricted to moderate income residents. Specific Plan Compliance The site is in the Heart of the City Special Area – Central Stevens Creek Boulevard Subarea. The City’s HOC Specific Plan establishes heights, setbacks, and other development requirements for projects on sites within this area. The proposal includes several density bonus waivers for setbacks, common space, and commercial space requirements from the HOC standards, which are discussed in further detail in the density bonus section of the staff report. The project has incorporated some site design requirements, which, are consistent with the remaining applicable requirements of the HOC Specific Plan. Tree Removal and Replacement The proposal includes the removal and replacement of 59 protected development trees within the construction footprint and the removal and replacement of 3 trees within the required right-of-way landscape strips. Trees within the construction footprint include , but not limited to, Canary Pine Trees, Arbutus Marina Trees, Evergreen Pear, and Modesto Ash. All impacted trees are non-native species. An arborist report was prepared for the applicant by Ray Morneau and was peer reviewed by the City’s third-party consultant, West Coast Arborists. The report and peer review concluded that 59 of the trees proposed for removal would be within the construction footprint and could, therefore, not be preserved or otherwise adequately and feasibly protected during construction. The street trees proposed for removal are non-compliant street trees that will be removed and replaced with a species consistent with the requirements of the Heart of the City Specific Plan. The City’s requirements for tree replacement, consistent with Cupertino Municipal Code Section 14.18.160 (A), are as follows: Diameter of Trunk of Removed Tree # of Trees Proposed for Removal Replacement Tree Size Required Replacement Trees Required 12 inches or less 48 One 24" box tree 48(24” box trees) 20 PC 12-9-2025 20 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 10 & U-2025-006 Greater than 12 inches and up to 18 inches 4 Two 24" box trees or One 36" box tree 8 (24” box trees) Greater than 18 inches and up to 36 inches 6 Two 24" box trees or One 36" box tree 6 (36” box trees) Over 36 inches 1 One 36" box tree 1 (36” box trees) Total: 56 (24” box trees) or 63 (24” and 36” box tree mix) The applicant proposes to replace the 59 trees with 63 trees, varying in size between 24- inch box and 36-inch box trees and of various species. All trees on-site will be considered protected, and a condition of approval has been included to require that an agreement be executed to ensure the ongoing preservation, maintenance, and protection of the new trees by future property owners. Vesting Tentative Map The application for the Vesting Tentative Map (VTM) proposes to subdivide the three existing lots to create a condominium subdivision. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city's ordinances, policies, and standards in effect at the date the City determined the application was complete. Use Permit The project proposal requires a Use Permit to allow the development of residential units on a non-Housing Element site.13 Under the regulations in effect at the time of submittal of the SB330 Preliminary Application, the General Plan and Cupertino Municipal Code Chapter 19.80: Planned Development (P) Zones required that a residential development proposed on a site that is not a Priority Housing Site be a conditional use. The applicant proposes building exclusively residential units and is therefore required to obtain Conditional Use Permit approval. Park Land Dedication Under Cupertino Municipal Code Section 13.08.050(A), proposed developments of more than 50 units must provide park land on site and/or pay an in-lieu fee for the required park land dedication. The project would be required to provide approximately 0.55 acres 13 While this is not a current requirement, since this was a requirement at the time of submittal of the applicant’s SB330 Preliminary Application, a Use Permit is required. None of the sites was identified as a Priority Housing Element in the 5th Cycle Housing Element. 21 PC 12-9-2025 21 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 11 & U-2025-006 of park area or an in-lieu of dedication fee, based on Municipal Code Chapter 13.08 requirements. The applicant has requested to pay an in-lieu fee instead of providing park land. Based on the property size, project size, the provision of a small private open space area on site, and the location of the property within a quarter mile of existing park facilities14, staff recommends the payment of an in-lieu fee rather than requiring the dedication of onsite park land. Thus, the project is conditioned to pay a parkland in -lieu fee. Since the project includes 11 deed-restricted affordable units, consistent with the City’s Housing Element policies and the BMR Mitigation Manual, these units are exempt from paying parkland dedication fees. Therefore, the project would pay $2,430,000 for the 45 proposed market rate units.15 . Density Bonus The project includes 11 below-market rate units or 20% of the total number of units proposed. As required by the City’s BMR Housing Program, six of the units will be allocated as affordable housing units for sale to median-income households (100-120% of Area Median Income) and the other five will be allocated as affordable for sale to moderate-income households (80-100% of Area Median Income). A condition of approval has been included to ensure the recordation of a regulatory agreement with the City, prior to occupancy, requiring the designated BMR units to be for-sale to households at the specified income levels for a 99 year term. Density Bonus and Waiver Requests The project is eligible for Density Bonus waivers and concessions consistent with the City of Cupertino Municipal Code Chapter (CMC) 19.56 Density Bonus and State Density Bonus Law. The project includes requests for 6 waivers. Section 19.56.070 of the City’s Density Bonus Ordinance (“Findings") requires that, before approving an application which includes a request for a density bonus, waivers, or reduction in parking standards, the decision-making body must determine that the proposal is consistent with State Density Bonus Law by making the following findings16, as applicable: 14 Wilson Park is located 0.28 miles to the southeast and Portal Park is located 0.21 miles to the northeast of the project site. 15 Due to the SB330 nature of the project, the Park Fees payable are those in effect as of January 2024. 16 Government Code Section 65915 (d)(4): The city, county, or city and county shall bear the burden of proof for the denial of a requested concession or incentive. 22 PC 12-9-2025 22 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 12 & U-2025-006 1. That the housing development is eligible for the density bonus being requested as well as any incentives or concessions, waivers or reductions in parking standards that are requested. 2. That the development standard(s) for which the waiver(s) are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted, if a waiver was not requested. The City may not deny a waiver of a development standard that would physically preclude the construction of the project as it is designed, unless it is found that the waiver or reduction would have a specific, adverse impact upon health or safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or would have an adverse impact on any real property that is listed in the California Register of Historical Resources. Parking While the City’s Municipal Code (Chapter 19.124) requires townhome projects to provide 2.8 parking spaces per dwelling unit, State Density Bonus Law provides its own parking ratios for qualifying projects. Specifically, the Density Bonus Law allows qualifying projects to provide parking at a ratio of 1 parking space per studio to one-bedroom unit; 1.5 parking spaces per two- or three-bedroom unit; and 2.5 parking spaces per four- or more-bedroom unit. No additional guest spaces are required under Density Bonus law provisions. Unit Type Number of Units Parking Spaces under State Density Bonus Law Parking Spaces Provided Three Bedroom 40 60 80 Four Bedroom 17 43 34 Guest - - 12 57 103 126 As proposed by the applicant, each unit will provide two enclosed garage spaces (114 total spaces), with 12 additional spaces for guests, for a total of 126 spaces onsite, when only 103 are required. Waivers Requested As a density bonus project, the applicant may submit to the City proposals for an unlimited number of waivers, or reduction of development standards, that would have 23 PC 12-9-2025 23 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 13 & U-2025-006 the effect of physically precluding the construction of the project as proposed/designed (Government Code Section 65915(e)). It should be noted that under State Density Bonus Law, a city may not deny a proposed project based on the theory that another project, with a similar number of units, might be designed differently and accommodated without waivers of development standards. The project requires 6 waivers as follows: 1. Building Bulk (General Plan Community Form Diagram (Figure LU-2)) The General Plan requires that new development maintain the building below a 1:1 slope line drawn from the arterial/boulevard curb line or lines except for the Crossroads Area. As this project fronts Stevens Creek Blvd., buildings 1 and 10 would have to be within this line. Both buildings are approximately 45-feet, and are requesting a setback waiver for 26-foot setback from the 35-foot setback requirement, resulting for a portion of the third floor of the buildings being within the 1:1 slope line. Compliance would negatively impact the density as the buildings will have to be +/- 45-feet behind the curb. Doing so would negatively impact the density of the project as proposed, so therefore the project is requesting a waiver from this requirement. 2. 45-Foot Height Limitation (HOC Specific Plan Section 1.01.030) The HOC Specific Plan requires that developments have a maximum height of 45 feet, as measured from the sidewalk to the top of a building’s cornice, parapet, or eave line of a peaked roof. The applicant has requested a waiver to increase the height allowed for two buildings as follows:  Building 4 maximum height 45-feet, 7-inches  Building 5 maximum height 45-feet, 2-inches  Building 6 maximum height 45-feet, 1-inch  Building 7 maximum height 45-feet, 10-inches  Building 8 maximum height 45-feet, 1-inch  Building 10 maximum height 45-feet, 10-inches The other six buildings proposed meet the height requirement of the HOC Specific Plan. Imposing the 45-foot height restriction would result in changing the height and design of the buildings, including the potential removal of private open space in the form of rooftop decks, which is not consistent with the project proposed. 3. Front Setback (HOC Specific Plan Section 1.01.030) 24 PC 12-9-2025 24 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 14 & U-2025-006 The HOC Specific Plan requires that developments have a minimum front setback of 35 feet from the edge of curb (nine (9) feet from the required Boulevard Landscape Easement while also allowing for the encroachment of uninhabitable building elements, such as chimneys and eaves, up to four feet into the required setback areas. The following table indicates the required setback and the proposed waiver for the two buildings for which waivers are requested. Building Required Front Setback Proposed Front Setback 1 & 10 35’ from edge of curb 26’ from edge of curb 4. Side Setbacks (HOC Specific Plan Section 1.01.030) The HOC Specific Plan requires that developments have a minimum side setback of one-half of the height of the building, or ten feet, whichever is greater. It also allows for the encroachment of uninhabitable building elements, such as chimneys and eaves, up to three feet into the required setback areas. The following table indicates the required setback and the proposed waiver for the eight buildings for which waivers are requested: Building Height Required Side Setback Proposed Side Setback 1-4 45’-10” 22’-11” West & East: 12’ to building face 7-10 45’-10” 22’-11” Imposing the side setback requirements would result in the elimination of units, reduced floor areas of units, or a substantial change to the design of the buildings, which is not consistent with the project as proposed by the applicant. 5. Rear Setback (HOC Specific Plan Section 1.01.030) The HOC Specific Plan requires that developments have a minimum rear setback of one-and-one-half of the height of the building, or 20 feet, whichever is greater. It also allows for the encroachment of uninhabitable building elements, such as chimneys and eaves, up to three feet into the required setback areas. The following table indicates the required setback and the proposed waiver for the two buildings for which waivers are requested: Building Height Required Rear Setback Proposed Rear Setback 4-7 45’-10” 68’-10” 14’ The applicant states that imposing the rear setback requirement would result in the elimination of units, reduced floor areas of units, or a substantial change to the design of the buildings, which is not consistent with the project as proposed by the applicant. 25 PC 12-9-2025 25 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 15 & U-2025-006 6. Building Forms (HOC Specific Plan Section 1.01.040) The HOC Specific Plan requires that buildings adjacent to residentially developed parcels be stepped back, or terraced, or have adequate setbacks so that privacy is maintained. It also requires that buildings requiring terracing shall have a 1.5:1 setback to height ratio. The proposal includes four buildings (Buildings 4-7) located adjacent to single-family residentially developed parcels to the north. While the project has been designed to address potential privacy concerns through building orientation and landscape screening, it does not meet the HOC Specific Plan’s required rear setback and is therefore not consistent with this requirement. The applicant has requested a waiver to allow for a reduced rear setback and waiver of requirements for step backs for Buildings 4-7. Like the preceding required setback waivers, the applicant states that imposing the building form requirement would result in the elimination of units, reduced floor areas of units, or a substantial change to the design of the buildings, which is not consistent with the project proposed by the applicant. 7. Maximum Lot Coverage (CMC Section 19.36.070 (A)) The Municipal Code requires that a development subject to the requirements of the R-3 zoning district has a maximum lot coverage of 40% of the net lot area. The proposed project has a net lot area of 2.65 acres or 115,434 square feet and would be allowed to have a maximum lot coverage of 46,174 square feet under Section 19.36.070 (A). The applicant has, therefore, requested a waiver to increase the lot coverage allowed for the project to accommodate a total lot coverage of 41.2% of the net lot area, or 47,558 square feet of building or surface area. Imposing the 40% lot coverage restriction would result in changing the height and design of the buildings, including the potential reduction in the size and number of units which is not consistent with the project as proposed by the applicant. 8. Minimum Parking Space Size & Tandem Garages (CMC Section 19.124.040 (A)) The Municipal Code (as of February 2024) requires that parking spaces in multiple-family developments have a minimum parking space size of 10 feet by 20 feet. The applicant has requested a waiver to modify this requirement to reduce the minimum parking space size to 9 feet by 18 feet for spaces provided in the parking along the private streets. Furthermore, 27 of the units are proposing tandem parking where townhomes are required to provide the standard 20 feet by 20 feet parking garage. 26 PC 12-9-2025 26 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 16 & U-2025-006 Imposing the parking space requirement would result in changing the size and design of the buildings, including the potential increase in the project lot coverage, reduction in open space, or potentially the number of units which is not consistent with the project as proposed by the applicant. 9. Common Open Space (HOC Specific Plan Section 1.01.040) The project is required to provide 150 sf of common open space per unit (8,550 square feet total). This area must be outside of all required setbacks. The applicant is requesting a waiver from the Common Open Space requirements. Providing this requirement would cause a redesign of the project, and a potential loss of units. Due to this waiver request, the project also requests waivers from the Common Landscape and Common Hardscape requirements since these requirements would not apply. Concession Requested As a density bonus project with at least 20% of units reserved for sale to moderate-income households17, the applicant may submit to the City requests for up to two concessions. Concessions allow an applicant to deviate from development regulations when such regulations have the potential to make the project economically infeasible to build. The applicant has requested two concessions as follows: 1. HOC Specific Plan Section 1.01.020 (A) and Section 1.01.020 (B) Section 1.01.020 (B) of the HOC Specific Plan requires that the amount of building space devoted to retail/commercial uses shall have a viable and substantial retail component and Section 1.01.020 (A) requires that “uses that do not involve the direct retailing of goods or services to the general public shall be limited to occupy no more than 25% of the total building frontage along Stevens Creek Boulevard and/or 50% of the rear of the building.” The project, as proposed, is entirely residential and would, therefore, not conform to these requirements. Consistent with the previously discussed General Plan Land Use Element Strategy LU-1.3.1 (1), these standards generally require that retail or commer cial uses be provided on site. The applicant is requesting that this standard be waived using a Density Bonus concession. Complying with this standard would require the Project dedicate a significant share of the Property to non -residential uses because the 17 The project proposes a mix of moderate- and median-income units, has required by the City’s BMR standards. State law does not specify allowances for median-income units, however, median-income units have a higher income restriction than moderate-income units and are therefore counted towards the moderate-income unit total for the purposes of concession allowances. 27 PC 12-9-2025 27 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 17 & U-2025-006 retail/commercial use is the primary use. Doing so would reduce the overall number of residential units developable on the Property. Consequently, adherence to this retail/commercial use requirement physically precludes development of the Project at the proposed density. Compliance with BMR Unit Comparability & Dispersion Requirements The BMR Manual requires that the BMR Units:  Shall be comparable to market rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction.  Size should be generally representative of the unit sizes within the market-rate portion of residential project.  Interior features and finishes in affordable units shall be durable, of good quality and consistent with contemporary standards for new housing. The following table demonstrates the proposed unit mix within the eight buildings by income level, type, and size: Number of Units Number of Bedrooms Average Unit Size BMR Units 3 4 2,656 square feet 2 3 2,493 square feet 6 3 + Tandem Garage 2,136 square feet Market-Rate Units 14 4 2,656 square feet 11 3 2,493 square feet 21 3 + Tandem Garage 2,136 square feet The proposed market-rate and BMR units consist of a mix of three-, three +Tandem garage-, and four-bedroom units. The square footage and programming of the market- rate and the BMR units are nearly identical and the BMR units are dispersed throughout the project. Additionally, there is no indication on the plans that the exterior finishes of the BMR units will be any different from the market rate units. As such, it is expected that they will be of the same quality; however, as allowed in the BMR manual, the affordable units may have different interior finishes. No Net Loss Discussion (SB166) California Government Code Section 65863 (No Net Loss Law) requires cities to ensure development opportunities remain available to accommodate the City’s regional housing need allocation (RHNA), especially for lower- and moderate- income households by maintaining adequate sites to accommodate the unmet RHNA for each income category. Through the 6th Cycle Housing Element’s adoption in May 2024, the City designated new 28 PC 12-9-2025 28 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 18 & U-2025-006 Priority Housing Sites, which are anticipated to provide the units to meet the City’s RHNA for each income category. The City estimated the number of units, by income category, that are expected to be developed on each of these sites, resulting in the estimated unit counts shown in the table below. As noted previously, one of the two parcels (APN 316-23-026) that make up this project site is listed as a Priority Housing Site (Site 8) in the City’s 6th Cycle Housing Element. While the project site is not subject to the land use and housing density requirements established through the adoption of the 6th Cycle Housing Element (see SB330 discussion above), the City is nonetheless required to evaluate the project’s impacts on expected housing production under Government Code Section 65863. Under No Net Loss Law, at the time of a project’s approval, the decision-making body must make the following findings: 1. That the remaining sites identified in the Housing Element are adequate to meet the jurisdiction’s remaining RHNA for the planning period, by income category. 2. A quantification of the remaining unmet need for the jurisdiction’s RHNA at each income level and the remaining capacity of sites identified in the Housing Element, to accommodate that need by income level. In the event the City is unable to make the findings of No Net Loss, the City must either concurrently with, or within 180 days of, approval of a housing development project at a lower density or different mix of housing affordability, identify another Priority Housing Site(s) or increase the density of an existing Priority Housing Site (s) to ensure that adequate sites are available to accommodate its RHNA. The table below quantifies the remaining unmet need for the 6th Cycle Housing Element 2023-2031 RHNA, by income level, and the remaining capacity across all Priority Housing Sites by comparing the projected number of units at this Priority Housing Site with the actual number of units proposed by the subject project. Income Category Lower Income Moderate (80- 120% AMI) Above Moderate (>120% AMI) (30-80% AMI)* 6th Cycle RHNA Requirement 1,880 755 1,953 Units Projected – all Sites 2,037 847 2,997 Projected Surplus – all Sites 157 92 1,044 Summer Hill (Fontana's etc.) - Capacity 59 24 62 29 PC 12-9-2025 29 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 19 & U-2025-006 Toll Brother's (United Furniture) - Capacity 0 93 70 Current Capacity – remaining sites 1,978 730 2,865 Summer Hill (Fontana's etc.) - Actual 0 12 47 Toll Brother's (United Furniture) - Actual 0 11 44 Current Surplus – remaining sites 98 -2 1,003 Units Projected on Site 8 45 18 47 Units Proposed on Site 8 0 11 46 Unmet 6th Cycle RHNA 1,880 721 1,816 Remaining Total Capacity 1,933 712 2,818 Total Remaining Surplus 53 -9 1,002 * Includes Very Low- and Low-Income As indicated in the table, the City will not be able to make the findings of No Net Loss with the approval of this project18 since the deficit of two (2) Moderate income units shown in the table will be reduced to a deficit of nine (9) units. The Housing Element estimated 18 Moderate (the” Moderate “designation, as used in the Housing Element, includes both Moderate- and Median-income units) units and 45 Lower income units would be developed on Priority Housing Site 8. Only 11 Moderate and zero Lower Income units are proposed, resulting in a shortfall of 7 Moderate income units and 45 Lower Income units. While the City is not in a position to identify additional sites to accommodate its RHNA concurrently with this project approval, the City has 180 days from project approval to find (an)other site(s) pursuant to SB166. Other Department/Agency Review The City’s Building Division, Public Works Department, Environmental Services Division, Sheriff’s Department, Cupertino Sanitary District, and the Santa Clara County Fire Department have reviewed and conditioned the project. Environmental Review The applicant requested that the development be reviewed in accordance with Assembly Bill (AB) 130, signed into law on June 30, 2025, and codified in Publ ic Resources Code (PRC) Section 21080.66. This law exempts qualifying infill housing development from CEQA review, creating a new statutory exemption. This exemption applies to any 18 It is noted that there are two projects currently under review by the City, which vested lower densities than those adopted with the May 2024 Housing Element update under the provisions of SB330. These include the Idlewild/United Furniture proposal (numbers included in the table as the item will heard by City Council on December 16, 2025) and the Harvest Properties proposal at the Stevens Creek Office Center. 30 PC 12-9-2025 30 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 20 & U-2025-006 required permits, entitlements, or other discretionary approvals for a broad range of housing types. The attached CEQA Exemption Memorandum (Attachment 5) demonstrates that the proposed project meets the requirements of PRC Section 21080.66 and is organized as follows:  Infill Criteria. The project’s consistency with the allowed housing development type defined in PRC Section 21080.66(a), subdivisions (1) through (5) and (8).  Environmental Criteria. The project’s consistency with the individual environmental requirements pursuant to PRC Section 21080.66(a), subdivisions (6) and (7).  Tribal Cultural Resources. The project’s consistency with the tribal notification and outreach requirements pursuant to PRC Section 21080.66(b).  Hazardous Materials. The project’s consistency with the requirements for the identification and treatment of hazardous materials pursuant to PRC Section 21080.66(c).  Other Requirements. The project’s consistency with the Labor Code requirements and eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to PRC Sections 21080.66(d) and (e), respectively. As analyzed in Section 3.1 of the attached CEQA Exemption Memorandum, Public Resources Code Section 21080.66, the proposed project meets the criteria for statutory exemption. Accordingly, this document finds that a Notice of Exemption is appropriate for the proposed project pursuant to CEQA Guidelines Section 15062. Public Outreach and Noticing The following table is a summary of the noticing done for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda  Site Signage (14 days prior to the hearing)  Legal ad placed in newspaper (at least 10 days prior to the hearing)  Public hearing notices were mailed to property owners within 500 feet of the project site (10 days prior to the hearing)  Posted on the City’s official notice bulletin board (five days prior to the hearing)  Posted on the City of Cupertino’s website (five days prior to the hearing) The applicant has completed community outreach to residents and property owners on October 29, 2025. 31 PC 12-9-2025 31 of 234 DP-2025-001, ASA-2024-016, 20085 &.20111 December 9, 2025 TM-2024-010, TR-2024-045, Stevens Creek Blvd Page 21 & U-2025-006 Public Comment At the time this staff report was published, staff had received one letter from a neighbor. Please refer to Attachment 6 for full comments. Conclusion Staff recommends approval of the project, as proposed, because the project and its conditions of approval support the findings for approval of the proposed project, consistent with Chapters 14.18, 18.28, 19.56, 19.156, and 19.168 of the Cupertino Municipal Code. With respect to the requested Density Bonus concessions and waivers, evidence in the record demonstrates that the project meets the standards for granting the concessions and waivers under the State Density Bonus Law. Next Steps The Planning Commission’s recommendation will be forwarded to the City Council for its decision on the project. The City Council’s decision will be final unless reconsidered by the Council within 10 days of their decision. If the project is approved, the applicant may apply for building permits at that time. Prepared by: Gian Paolo Martire, Senior Planner Reviewed by: Piu Ghosh, Planning Manager Approved by: Luke Connolly, Assistant Director of Community Development ATTACHMENTS: 1– Draft Resolution for DP-2025-001 2 - Draft Resolution for U-2025-006 3 – Draft Resolution for ASA-2024-016 4 – Draft Resolution for TM-2024-010 5 - Draft Resolution for TR-2024-045 5 – CEQA Exemption Memorandum 6 – Public Comment 7 – Project Site Plan and Renderings 32 PC 12-9-2025 32 of 234 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2025-XX OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A DEVELOPMENT PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 57 TOWNHOMES, INCLUDING 11 AFFORDABLE UNITS, REPLACING TWO OFFICE BUILDINGS ON A 2.6-ACRE SITE, LOCATED ON THE NORTH SIDE OF STEVENS CREEK BLVD BETWEEN RANDY LANE AND N. BLANEY AVE. LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316-23-025, -026) The Planning Commission recommends that the City Council approve the Development Permit, in substantially similar form to the Draft Resolution attached hereto as Exhibit DP. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 9th day of December 2025, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: _______ Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 33 PC 12-9-2025 33 of 234 EXHIBIT DP RESOLUTION NO. _________ OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING OF A DEVELOPMENT PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 57 TOWNHOMES, INCLUDING 11 AFFORDABLE UNITS, REPLACING TWO OFFICE BUILDINGS ON A 2.6-ACRE SITE, LOCATED ON THE NORTH SIDE OF STEVENS CREEK BLVD BETWEEN RANDY LANE AND N. BLANEY AVE. LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316- 23-025, -026) SECTION I: PROJECT DESCRIPTION Application No.: DP-2025-001 Applicant: Dividend Homes Property Owner: Arbor Group Investment LLC Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: WHEREAS, the City of Cupertino received an application for a Development Permit as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Infill Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on December 9, 2025 the Planning Commission recommended on a X-X vote that the City Council approve the Development Permit (DP-2025-001) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Use Permit (U-2025-006) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-016) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Vesting Tentative Map (TM-2024-010), in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Tree Removal Permit (TR-2024-045), in substantially similar form to the Resolution presented (Resolution No. XXXX); and 34 PC 12-9-2025 34 of 234 WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit.; and WHEREAS, the City Council finds as follows with regard to this application: 1. The proposed development, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with adjoining land uses, including but not limited to wider setbacks from the single - family residences on the southern property line, as well as providing landscaping along the bui lding frontages to help mitigate potential massing impacts and compatible with the existing streetscape. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code. Chapter 17.04. The project must meet all Fire and Building Code requirements, which will be further reviewed prior to issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to public health, safety, general welfare, or convenience. 2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). A SB330 Preliminary Application was submitted for this project in June 2024, locking in the development standards in effect at that time. The General Plan land use designation for the property was Commercial/Office/Residential with a maximum residential density of 25 dwelling units per acre. The residential use at the proposed 21.5 dwelling units per acre is consistent with the General Plan in terms of density pursuant to state law, even though a portion of the property has a higher density at the date of approval of this project. The applicant is requesting waivers for the development of this site to allow exclusively residential uses, setbacks, lot coverage, and common space design, as required by the Heart of the City Specific Plan’s and the City’s Municipal Code standards. The proposed development has met all other applicable development standards of the Heart of the City Specific Plan. The project is further conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In addition, the proposed project would be exempt as a “statutory” 35 PC 12-9-2025 35 of 234 exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(as further documented in the memorandum prepared by the City’s environmental consultant, PlaceWorks. Therefore, the proposed development will be located and conducted in accordance with the General Plan and underlying zoning regulations and complies with the California Environmental Quality Act (CEQA). 3. The applicant has requested a density bonus. Pursuant to Cupertino Municipal Code Section 19.56.070, before approving an application that includes a request for density bonus, incentive, parking reduction and/or waiver, the decision-making body shall make the following findings, as applicable: a. A finding that the residential project is eligible for the density bonus and any incentives, parking reductions or waivers requested. The project includes 11 Below Market Rate (BMR) units or 20% of the total number of units proposed. Six of the twelve BMR units will be affordable to median-income households (100-120% of Area Median Income) and the other five will be affordable to moderate-income households (80-100% of Area Median Income) in compliance with the City’s BMR Program. As a density bonus project with at least 20% of units reserved for sale to moderate-income households as defined by state law (80-120% of Area Median Income), the applicant may request up to two concessions and an unlimited number of waivers. b. A finding that any requested incentive will result in identifiable, financially sufficient, and actual cost based on the financial analysis and documentation provided. The developer has requested a concession that the project will be 100% residential. The development of dedicated retail, office or other commercial space would incur a financial loss for the project, and eliminating the dedicated retail, office or other commercial space would result in identifiable and actual cost reductions to provide for affordable housing costs. c. If the density bonus is based all or in part on donation of land, a finding that all requirements included Section 19.56.030C have been met. No density bonus is proposed; therefore, the finding is not applicable. d. If the density bonus is based all or in part on the inclusion of a childcare facility, a finding that all requirements included in Section 19.56.030 (D) have been met. No density bonus is proposed; therefore, the finding is not applicable. 36 PC 12-9-2025 36 of 234 e. If the density bonus or incentive is based on a condominium conversion, a finding that all the requirements included in Section 19.56.030 (E) have been met. No density bonus is proposed; therefore, the finding is not applicable. f. If the incentive includes mixed-use development, a finding that all requirements including in Section 19.56.40 (B) (2) have been met. The project is not a mixed-use development; therefore, the finding is not applicable. g. If a waiver is requested, a finding that the development standards for which the waivers are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted. The development standards height, setbacks, common area, and tandem parking requirements would physically preclude the development as proposed. These development standard limitations could affect the project by the loss of units or unit sizes, which may include those designated as affordable. h. If a reduction in off-street parking standards for an eligible housing development is requested. No reduction in off-street parking requirements is being requested; therefore, the finding is not applicable. 4. Since the applicable findings required above can be made, the decision-making body may deny an application for a waiver only if one of the following written findings as applicable to each type of application, supported by substantial evidence: a. That the incentive or concession, or waiver would have an adverse impact on real property listed in the California Register of Historic Resources; or No property listed in the California Register of Historic Resources is within the project vicinity. b. That the incentive or concession, or waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the residential project unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or 37 PC 12-9-2025 37 of 234 Both the Fire and Building departments have preliminarily reviewed the plans and not found conditions proposed which would create a “specific, adverse impact.” In addition, the project is conditioned to ensure compliance with both Fire and Building Code, prior to issuance of building permits. The project is also conditioned to comply with the Environmental Protection Standards of the Cupertino Municipal Code Chapter 17.04. In addition, the proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(as further documented in the memorandum prepared by the City’s environmental consultant, PlaceWorks. Therefore, the proposed development, incorporating the proposed concessions and waivers, is not expected to have a specific, adverse impact upon public health or safety or the physical environment. c. That the incentive or concession, or waiver is contrary to state or federal law. The requested concessions and waivers are not contrary to state or federal law. 5. When a project complies with objective standards, the HAA allows a city to disapprove the project or to impose a condition that the project be developed at a lower density only if the city finds both of the following, supported by a preponderance of the evidence in the record: a. The project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density; and b. No feasible method to satisfactorily mitigate or avoid the adverse impact exists. The project, as proposed, meets all applicable objective zoning, General Plan, and subdivision standards. Based on the record, including the findings in the Notice of Exemption, staff does not believe the above findings can be made with respect to the proposed project. 6. The remaining sites identified in the Housing Element are not adequate to meet the requirements of Government Code Section 65583.2 in order to accommodate the City's share of regional housing needs. (Findings required by Government Code Sect ion 65863(b)(2).) The remaining sites in the housing element inventory are inadequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional Moderate-income housing need. The proposed project reduces the density of the site below what was projected in the City’s 6th Cycle housing element. The Priority Housing sites in the inventory are not adequate to accommodate the City’s share of the regional lower income housing need, in that a deficit of two Moderate-income units will result following the approval of the project, as proposed. Therefore, the City has 180 days from approval of this 38 PC 12-9-2025 38 of 234 project to find (an)other site(s) or increase the density of existing sites to be compliant with SB166. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 5 thereof, and those contained in all other Resolutions approved for this Project, the City Council hereby approves the application for a Development Permit, Application No. DP-2025-001; and That the sub-conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. DP-2025-001 as set forth in the Minutes of the City Council Meeting of January 21, 2026 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled “20111 & 20085 Stevens Creek Blvd., Major Architectural and Site Approval Application, Cupertino, CA” dated November 14, 2025 consisting of 74 sheets labeled as, A.1– A.42, TM1.0, C2.0 – C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0, drawn by Dahlin, BKF, and Michael Arnone & Associates., except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. U-2025-006, TM-2024-010, TR-2024- 045, and ASA-2024-016, shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL 39 PC 12-9-2025 39 of 234 The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies about the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 6. DEVELOPMENT APPROVAL The project is granted approval to construct 57 townhomes, subject to affordability requirements of Condition #7, with 69 parking spaces throughout the development. 7. AFFORDABLE UNITS The project shall include 6 units affordable to median-income households and 5 units affordable to moderate-income households as determined by the City’s BMR Mitigation Manual. 8. DENSITY BONUS WAIVERS AND CONCESSIONS As allowed through the state’s Density Bonus law, the project is granted waivers and a concession as follows: a. Concession to address General Plan and Heart of the City requirements for mixed-use development on the property; b. Waiver for the 45-foot height limit on buildings 4-8, and 10. c. Waiver for a portion of the front building to be within the 1:1 slope line; d. Waivers for reduced rear, and side setbacks; e. Waiver of the requirement for Building Forms (terracing) of buildings facing the single-family residential neighborhood along the north property line; f. Waiver to have tandem garages in certain units. g. Waiver to increase the maximum lot coverage; h. Waiver to deviate from the common Open Space requirement. 9. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the approved plans and with the City’s Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code. 10. BMR UNIT DESIGN REQUIREMENTS Prior to building permit issuance, the Applicant shall detail how the following requirements are met: 40 PC 12-9-2025 40 of 234 a. The BMR units shall be comparable to market-rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction. b. The BMR unit size should generally be representative of the unit sizes within the market-rate portion of the residential project. c. Interior features and finishes in the affordable units shall be durable, of good quality and consistent with the contemporary standards of new housing. 11. BMR AGREEMENT Prior to the recordation of a final map or issuance of any building permit, an affordable housing agreement shall be recorded against the property. The affordable housing agreement shall include, but not be limited to the following, in compliance with the BMR Housing Mitigation Manual: a. Total number of BMR units, type, location (site map), square footage, number of bedrooms, and construction scheduling of market-rate and BMR units; b. Provisions to ensure concurrent construction and completion of BMR units and market-rate units; c. Affordability levels for each BMR unit; d. Prices for BMR units as provided for in the BMR mitigation manual; e. Provisions for income certification and screening of potential occupants of BMR units; f. Restriction control mechanisms; g. Financing of ongoing administrative and monitoring costs; h. Other reasonably required provisions to implement the Affordable Housing Plan. 12. BMR UNIT TERMS OF AFFORDABILITY Prior to occupancy, the proposed project shall record covenants that require the units to be sold at prices that are affordable to moderate and median levels for a period not less than 99 years from the date of first occupancy of the unit. 13. PUBLIC ART REQUIREMENT Public art shall be provided for the pro ject in accordance with General Plan Policy 2- 66 and the City’s Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal Code). The minimum expenditure for the artwork, including, but not limited to design, fabrication, and installation is one (1) percent of the construction valuation for the first $100 million on construction valuation, or 0.9% of construction valuation for valuation in excess of $100 million. The project pro forma shall be provided to the City to confirm the project budget. The public art plans (including location and design) shall be reviewed by the Fine Arts Commission during the building permit stage, in 41 PC 12-9-2025 41 of 234 advance of final occupancy. Once approved by the Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy. In the event the developer or property owner determines that the placement of artwork on a particular property may not be feasible, the developer or property owner may apply to the City for an in-lieu payment alternative as indicated in Chapter 19.148 of the Cupertino Municipal Code, subject to review of the Fine Arts Commission and the City Council. The in lieu payment shall be 1.25% of the construction valuation. 14. PUBLIC ART MAINTENANCE REQUIREMENT In accordance with the requirements of Municipal Code Chapter 19.128, the property owner shall maintain approved public artwork in good condition continuously after its installation, as determined appropriate by the City. Maintenance shall include all related landscaping, lighting, and upkeep, including the identification plaque. Artwork required or approved cannot be removed, except for required maintenance or repair, unless approved by the City; at which time the City may require replacement or relocation of the artwork. In the event that the artwork is relocated in the public right-of-way, a maintenance agreement with the City shall be required. 15. NOISE LEVELS AND ABATEMENT Project uses and all equipment installed on the site shall comply with the City’s Community Noise Control Ordinance at all times. Installation of any mechanical or other equipment shall be evaluated to determine that the installation meets the City’s Community Noise Control Ordinance. Any documentation or studies required to determine this shall be provided by the applicant as his/her sole expense. Should the project exceed any of the stipulated maximum noise levels outlined in the City’s Community Noise Control Ordinance, an acoustical engineer may be required to submit noise attenuation measures to the satisfaction of the Director of Community Development at the applicant’s expense. 16. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to occupancy. 17. FUGITIVE DUST CONTROL Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District’s Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to 42 PC 12-9-2025 42 of 234 control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction. 18. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT Prior to issuance of the first building permit, the Applicant shall include a note on all plans where paint specifications or other design specifications are listed, that the project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or less) for interior and exterior wall architectural coatings. 19. AVOID NESTING BIRDS DURING CONSTRUCTION Prior to issuance of any demolition, grading and building permit, indicate the following on all construction plans: a. Demolition, construction, ground-disturbing, and tree removal/pruning activities shall be scheduled to be completed prior to nesting season (February 1 through August 31), if feasible. b. If demolition, construction, ground-disturbing, or tree removal/pruning activities occur during the nesting season (February 1 and August 31), preconstruction surveys shall be conducted as follows: i. No more than 7 days prior to the start of demolition, construction, ground - disturbing, or tree removal/pruning activities, in order to identify any active nests with eggs or young birds on the site and surrounding area wit hin 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. 43 PC 12-9-2025 43 of 234 iii. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, ground- disturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds. iv. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. v. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her d esignee, 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. 20. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES Prior to the issuance of any demolition, grading or building permit involving soil disturbance, the project applicant shall provide written verification, including the materials provided to contractors and construction crews, to the City confirming that contractors and construction crews have been notified of basic archaeological site indicators, the potential for discovery of archaeological resources, laws 44 PC 12-9-2025 44 of 234 pertaining to these resources, and procedures for protecting these resources as follows: a. Basic archaeological site indicators that may include, but are not limited to, darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials, either human or animal. b. The potential for undiscovered archaeological resources or tribal cultural resources on site. c. The laws protecting these resources and associated penalties, including, but not limited to, the Native American Graves Protection and Repatriation Act of 1990, Public Resources Code Section 5097, and California Health and Safety Code Section 7050 and Section 7052. d. The protection procedures to follow should construction crews discover cultural resources during project-related earthwork, include the following: i. All soil disturbing work within 25 feet of the find shall cease. ii. The project applicant shall retain a qualified archaeologist to provide and implement a plan for survey, subsurface investigation, as needed, to define the deposit, and assessment of the remainder of the site within the project area to determine whether the resource is significant and would be affected by the project. iii. Any potential archaeological or tribal cultural resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation forms by a qualified archaeologist. If 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. 21. HUMAN REMAINS AND NATIVE AMERICAN BURIALS Prior to issuance of the any demolition, grading and building permits that involve soil disturbance, include on plans a note that, during project construction, the project applicant shall comply with California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.98. 45 PC 12-9-2025 45 of 234 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 Nat ive 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 recomme ndations, the owner or the descendent may request mediation by the NAHC. Construction shall halt until the mediation has concluded. 22. NOISE AND VIBRATION NOTICE At least 10 days prior to the start of any demolition, ground disturbing, or construction activit ies, the project applicant/contractor shall send notices of the planned activity by first class mail as follows: a. For projects on sites that are more than 0.5 acres or four or more residential units the notices shall be sent to off-site businesses and residents within 500 feet of the project site; b. For projects on sites between 0.25 to 0.5 acres, or two or three reside ntial units (not including Accessory Dwelling Units) notices shall be sent to off-site businesses and residents within 250 feet of the project site; or c. For projects on sites less than 0.25 acres or one residential unit, the notices shall be sent to off-site businesses and residents within 100 feet of the project site. The notification shall include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration. The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a 46 PC 12-9-2025 46 of 234 noise or vibration complaint. The City will provide mailing addresses for the Applicant’s use. The project applicant shall provide the City with evidence of mailing of the notice, upon request. If pile driving, see additional noticing requirements below. 23. NOISE DURING CONSTRUCTION Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity: a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on-site Construction Manager. Noise reduction measures selected and implemented shall be based on the t ype 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 t o 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. 24. EXCESSIVE NOISE AND VIBRATIONS 47 PC 12-9-2025 47 of 234 Per General Plan Policy HS-8.3, construction contractors shall use the best available technology to minimize excessive noise and vibration from construction equipment such as pile drivers, jack hammers, and vibratory rollers during construction. 25. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN A demolition and construction management plan shall be submitted and reviewed prior to building permit issuance. Prior to commencement of construction activities, the applicant shall arrange for a pre-construction meeting with the pertinent departments (Building, Planning, and Public Works) to review the prepared construction management plan, to ensure that construction complies with the conditions of approval, staging of construction equipment is appropriate, tree protection measures are in place, public access routes are identified, and noise and dust control measures are established. The plan shall include but not be limited to the following: a. Appropriate construction staging area b. Hours of construction c. Compliance with the City noise ordinance d. Best management practices e. Staging of construction equipment shall not occur within ___ feet of any residential property. f. Any other measures as determined to be appropriate by the Director of Community Development 26. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS The applicant shall indicate compliance with the following grading and construction hours and noise limit requirements on all demolition, construction and grading permits, and in the construction management plan(s), unless otherwise indicated. a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during nighttime period as defined in Section 10.48.053(b) of the Municipal Code. 48 PC 12-9-2025 48 of 234 d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Nighttime construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. 27. GREEN BUILDING The project shall be constructed in accordance with the City’s Green Building Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall obtain LEED Silver certification or an alternative reference standard in accordance with the ordinance since greater than nine multi-family residences are proposed. Third party LEED certification or alternative reference standard is required per the ordinance criteria. 28. BUILDING AND FIRE CODE The applicant shall apply for and obtain building permits to allow the construction of the approved project. The applicant shall provide information and plans to allow the Building Official and the Fire Marshall or their designee that the proposed plans comply with Building and Fire Codes in effect at the time of application for a building permit. 29. PROPERTY OWNERS’ ASSOCIATION A Property Owner’s Association shall be formed to maintain the common areas of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the City Attorney and the Director of Community Developme nt prior to recordation. The following terms shall be incorporated into the Association’s Conditions, Covenants and Restrictions:  The members/board shall meet at a minimum of once/year  The Association dues shall cover: o Maintenance of common area on the property in compliance with the approved project conditions of approval, including hardscaping, parking, landscaping and accessory facilities and amenities, such as trash bins/areas, common amenity areas, tree grates, outside trash bins, fences, etc, 49 PC 12-9-2025 49 of 234 o Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement as necessary to ensure that the property is maintained. o Permits, including tree removal permits, required for maintenance and repair of facilities in the common areas  Any changes to the exterior of the development must be reviewed by the Property Owner’s Association and changes must be considered in the context of the development as a whole, and not on a unit-by-unit basis.  CC&R’s shall ensure that private open space is kept tidy and free of clutter and visual blight.  Any changes to the CC&R’s must be reviewed and approved by the City  Disbanding of the Association shall require an amendment to th is permit to be reviewed and approved by the original approval authority. 30. TRASH AND DELIVERY ACTIVITIES A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall specify locations of trash facilities, refuse pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 31. NOISE LEVELS AND ABATEMENT Project uses and all equipment installed on the site shall comply with the City’s Community Noise Control Ordinance at all times. Installation of any mechanical or other equipment shall be evaluated to determine that the installation meets the City’s Community Noise Control Ordinance. Any documentation or studies required to determine this shall be provided by the applicant as his/her sole expense. Should the project exceed any of the stipulated maximum noise levels outlined in the City’s Community Noise Control Ordinance, an acoustical engineer may be required to submit noise attenuation measures to the satisfaction of the Director of Community Development at the applicant’s expense. 32. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or 50 PC 12-9-2025 50 of 234 more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initia ting or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 33. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 51 PC 12-9-2025 51 of 234 SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 34. STREET IMPROVEMENTS & DEDICATION Roadway dedication in fee title and street improvements along the project frontage will be required to the satisfaction of the Director of Public Works. Street improvements, grading and drainage plans must be completed and approved prior to Final map approval. Street improvements may include, but not be limited to, new detached sidewalk, driveways, curb and gutter, utility laterals, stormwater treatment facilities, and street tree installations. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. Additional comments will be provided and shall be incorporated prior to Final Map approval. 35. ACCEPTANCE OF PROPERTY RIGHTS The Public Works Director, or his/her designee, shall have the authority to accept all offers of dedications, easements, quitclaims and other property rights and interests on behalf of the City. 36. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the Director of Public Works. All improvements must be completed and accepted by the City prior to Buildi ng Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. 37. PEDESTRIAN AND BICYCLE IMPROVEMENTS Developer shall provide pedestrian and bicycle related improvements (e.g. walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Plan, and as approved by the Director of Public Works. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. 38. STREET LIGHTING INSTALLATION 52 PC 12-9-2025 52 of 234 Street lighting shall be installed and shall be as approved by the Director of Public Works. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 39. GRADING Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 40. DRAINAGE Drainage shall be provided to the satisfaction of t he Director of Public Works. Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. All storm drain inlets shall be clearly marked with the words “No Dumping – Flows to Creek” using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division. Additional comments will be provided and shall be incorporated prior to Final Map approval. 41. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 5,000 S.F. or more of impervious surface, collectively over the entire project site. The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), whic h must be designed per approved numeric sizing criteria. A Storm Water Management Plan and 53 PC 12-9-2025 53 of 234 a Storm Water Facilities Operation, Maintenance and Easement Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. If the Project is subject to CC&R and Homeowners Association (HOA), CC&R must also include languages pertaining to the stormwater treatment measures. 42. SUBDIVISION IMPROVEMENT AGREEMENT The project developer shall enter into a Subdivision Improvement Agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, transportation impact fees, park dedication fees and fees for under grounding of utilities. Said agreement and fees shall be executed and paid prior to Final map approval. Fees: Checking & Inspection Fees: Per current fee schedule ($5,655 or 5% of improvement costs) Grading Permit: Per current fee schedule ($4,891 or 6% of improvement costs) Final Map Fee: Per current fee schedule ($13,687) Storm Drainage Fee: Per current fee schedule ($4,584 per AC + $347 per unit) Transportation Impact Fee: Per current fee schedule: ($4,215 per unit) Encroachment Permit Fee: Per current fee schedule ($3,551 or 5% of improvement costs) Park Fees: Per current fee schedule: $54,000 per unit ($2,430,000 based on 45 new units, 12 BMR units waived) Storm Management Plan Fee: Per current fee schedule ($2,217) Street Tree Fee: By Developer or Per current fee schedule: $513 per tree Developer Contribution: $75,000 (Stevens Creek Blvd Class IV Separated Bike Lane frontage improvements) Bonds: a. Encroachment Bond: 100% of Off-site Improvements b. On-site Grading Bond: 100% of site improvements c. On-site Grading Bond: 100% of site improvements. 54 PC 12-9-2025 54 of 234 The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 43. FINAL MAP A final map will be subject to City Council approval and shall be recorded prior to issuance of building permits. Existing buildings must be demolished prior to recordation of the final map as building(s) cannot straddle between lot lines. 44. TRANSPORTATION The Project is subject to the payment of Transportation Impact Fees under City’s Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal Code). Project is also subject to Vehicle Miles Traveled (VMT) analysis as part of environmental reviews per Chapter 17 of the Cupertino Municipal Code. Project shall provide mitigation measure as results of the transportation analysis. 45. PARKS The residential units are subject to the payment of parkland fees in-lieu of parkland dedication per Chapter 13.08 and Chapter 18.24 of the Cupertino Municipal Code. The Below Market Rate (BMR) program manual, which was last amended by City Council on May 19, 2020 per Resolution 20-055, authorizes the waiver of park fees for BMR units. Pursuant to Resolution 20-055, parkland dedication in-lieu fees for the 6 BMR units proposed for this project are hereby waived. 46. SURVEYS A Boundary Survey and a horizontal control plan will be required for all new construction to ensure the proposed building will be set based on the boundary survey and setback requirements. 47. TRASH, RECYCLING AND COMPOST ENCLOSURES Trash enclosure plans must be designed in accordance with the City’s “Public Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is required prior to obtaining a building permit. (CMC 9.18.210 H & K) 55 PC 12-9-2025 55 of 234 Applicant shall enter into an agreement with the City that indemnifies and holds harmless both the City and the refuse and recycling collection company (Recology) from and against any harm, damage or maintenance that may occur or become necessary to onsite paving stone driveway surfaces. 48. OPERATIONS & MAINTENANCE AGREEMENT Developer shall enter into an Operations & Maintenance Agreement with the City prior to Final Map approval. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include, but is not limited to, landscaping, street trees, sidewalk, pavers, and street lights. 49. UNDERGROUND UTILITIES Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. 50. TRANSFORMERS & CABINETS Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area. 51. WATER BACKFLOW PREVENTERS Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed outside of the public right of way and away from site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company. 52. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 56 PC 12-9-2025 56 of 234 53. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 54. EROSION CONTROL PLAN Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 55. WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 56. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Enginee r to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 57. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfact ion of the Director of Public Works and shall be of a type approved by the City in accordance with Ordinance No. 125. 58. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 59. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Departme nt Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant). 57 PC 12-9-2025 57 of 234 60. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 61. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers prior to Final Map approval. 62. DEDICATION OF UNDERGROUND WATER RIGHTS Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley. 63. SANITARY DISTRICT A letter of clearance or sign off of street improvement plans for the project shall be obtained from the Cupertino Sanitary District prior to Final Map approval. 64. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to Final Map approval. SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 65. INSTALLERS AGREEMENT The property owner shall enter into an Installer’s Agreement with the District for the construction of the proposed sewer infrastructure prior to issuance of Building Permits. 66. PAYMENT OF FEES The property owner shall pay all required New Lateral, Sewer Development, Treatment Plant Capacity, plan check, and permit fees to the District prior to issuance of Building Permits. 67. PLANS The property owner shall provide Utility Plan and Profile sheets and shall provide Plat & Legal description of the Public Sanitary Sewer Easement for District’s Review. Building Permit approval will be pending allowable system capacity at the time of review. 58 PC 12-9-2025 58 of 234 68. PROPERTY LINE CLEANOUT Each Unit will need its own separate Property Line Cleanout on the laterals. Also, please ensure 10’ horizontal separation between sewer and water service lines. SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 69. FIRE SPRINKLERS REQUIRED Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2 70. FIRE ALARM REQUIREMENTS Will be determined during building permit. 71. FIRE HYDRANT SYSTEMS REQUIRED Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official. Exception: For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet. [CFC, Section 507.5.1]. 72. REQUIRED FIRE FLOW The fire flow for this project is 3250 GPM at 20 psi residual pressure. If an automatic fire sprinkler system will be installed, the fire flow will be reduced by 25%, establishing a required adjusted fire flow of 2437 GPM at 20 psi residual pressure. Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1. Coordinate with California Water Company to verify fireflow for the hydrants. Provide current fireflow data. If required fireflow can 59 PC 12-9-2025 59 of 234 not be met, contact California Water Company for upgrade or submit Alternative Mean and Method (AMMR) application to SCCFD office directly. 73. FIRE DEPARTMENT CONNECTION The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard]. 74. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND REQUIRED Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. Provide an approved fire department engine roadway turnaround with a minimum radius of 50 feet outside and 30 feet inside and a maximum slope of 5% in any direction. Installations shall conform with Fire Department Standard Details and Specification sheet A-1. Turnaround is required when roadway travel distance is more than 150ft.120’ Hammerhead turnaround shown on sheet C7.0. List turnaround dimension on plan and clarify if it is paved all weather surface, able to support 75,000 lbs and how it will be marked. 75. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 30 feet inside, 50 feet outside, and a maximum slope of 15%. Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. Clarify if all fire apparatus roadway will be all weather surface and support 75,000 lbs. 76. REQUIRED AERIAL ACCESS Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. Exception: Where approved by the fire code official, buildings of Type IA, Type IB or Type IIA construction equipped throughout with an automatic sprinkler system in accordance 60 PC 12-9-2025 60 of 234 with Section 903.3.1.1 and having firefighter access through an enclosed stairway with a Class I stand pipe from the lowest level of fire department vehicle access to all roof surfaces. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official [CFC Chp. 5 and SCCFD SD&S A-1]. Demonstrate unobstructed aerial access by use of sectional view and elevations for each structures. Include any trees that are along the required access side of the building. Sheet A.41 and Sheet L2.0 LIN trees appears to obstruct building 4,5,6 &7 and Tree CC appears to obstruct building 1,2,3 when full grown, revise design. 77. FIRE LANES REQUIRED The minimum clear width of fire department access roads shall be 20 feet. The minimum outside turning radius is 50 feet for required circulating access roadways. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. Show on plan how fire lane will be marked either with red curb or signs. 78. GROUND LADDER ACCESS Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. With the climbing angle of seventy five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1031.2 NFPA 1932 Sec. 5.1.8 through 5.1.9.2. Show how ground ladder will be provided on plans. 79. PARKING When parking is permitted on streets, in both residential/commercial applications, it shall conform to the following: • Parking is permitted both sides of the street with street widths of 36 feet or more • Parking is permitted on one side of the street with street widths of 28 – 35 feet • No parking is permitted when street widths are less than 28 feet NOTE: Fire lane and turnaround striping shall be provided and verified by site inspection. 61 PC 12-9-2025 61 of 234 80. WATER SUPPLY REQUIREMENTS Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water -based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 81. ADDRESS IDENTIFICATION New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 82. CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of January, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: 62 PC 12-9-2025 62 of 234 ABSTAIN: SIGNED: ________ Liang-Fang Chao, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 63 PC 12-9-2025 63 of 234 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2025-XX OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 57 TOWNHOMES, INCLUDING 11 AFFORDABLE UNITS, REPLACING TWO OFFICE BUILDINGS ON A 2.6-ACRE SITE, LOCATED ON THE NORTH SIDE OF STEVENS CREEK BLVD BETWEEN RANDY LANE AND N. BLANEY AVE. LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316-23-025, -026) The Planning Commission recommends that the City Council approve the Use Permit, in substantially similar form to the Draft Resolution attached hereto as Exhibit U. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 9th day of December 2025, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 64 PC 12-9-2025 64 of 234 EXHIBIT U RESOLUTION NO. _________ OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 57 TOWNHOMES, INCLUDING 11 AFFORDABLE UNITS, REPLACING TWO OFFICE BUILDINGS ON A 2.6-ACRE SITE, LOCATED ON THE NORTH SIDE OF STEVENS CREEK BLVD BETWEEN RANDY LANE AND N. BLANEY AVE. LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316-23-025, -026) SECTION I: PROJECT DESCRIPTION Application No.: U-2025-006 Applicant: Dividend Homes Property Owner: Arbor Group Investment LLC Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) SECTION II: FINDINGS FOR A USE PERMIT: WHEREAS, the City of Cupertino received an application for a Development Permit as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Infill Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on December 9, 2025 the Planning Commission recommended on a X-X vote that the City Council approve the Development Permit (DP-2025-001) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Use Permit (U-2025-006) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-016) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Vesting Tentative Map (TM-2024-010), in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Tree Removal Permit (TR-2024-045), in substantially similar form to the Resolution presented (Resolution No. XXXX); and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and 65 PC 12-9-2025 65 of 234 EXHIBIT U WHEREAS, the applicant has met the burden of proof required to support the application for a Use Permit; and WHEREAS, the City Council finds as follows with regard to this application: 1. The proposed development, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with adjoining land uses, including but not limited to wider setbacks from the single- family residences on the southern property line, as well as providing landscaping along the building frontages to help mitigate potential massing impacts and compatible with the existing streetscape. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code. Chapter 17.04. The project must meet all Fire and Building Code requirements, which will be further reviewed prior to issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to public health, safety, general welfare, or convenience. 2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). A SB330 Preliminary Application was submitted for this project in June 2024, locking in the development standards in effect at that time. The General Plan land use designation for the property was Commercial/Office/Residential with a maximum residential density of 25 dwelling units per acre. The residential use at the proposed 21.5 dwelling units per acre is consistent with the General Plan in terms of density pursuant to state law, even though a portion of the property has a higher density at the date of approval of this project. The applicant is requesting waivers for the development of this site to allow exclusively residential uses, setbacks, lot coverage, and common space design, as required by the Heart of the City Specific Plan’s and the City’s Municipal Code standards. The proposed development has met all other applicable development standards of the Heart of the City Specific Plan. The project is further conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In addition, the proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(as further documented in the memorandum prepared by the City’s environmental consultant, PlaceWorks. Therefore, the proposed development will be located and conducted in accordance with the General Plan and underlying zoning regulations and complies with the California Environmental Quality Act (CEQA). 66 PC 12-9-2025 66 of 234 EXHIBIT U NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 4 thereof, and those contained in all other Resolutions approved for this Project. The application for a Use Permit, Application No. U-2025-007, is hereby approved, and that the conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. U-2025- 007 as set forth in the Minutes of the City Council Meeting of January 21, 2026 Meeting, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled “20111 & 20085 Stevens Creek Blvd., Major Architectural and Site Approval Application, Cupertino, CA” dated November 14, 2025 consisting of 74 sheets labeled as, A.1– A.42, TM1.0, C2.0 – C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0, drawn by Dahlin, BKF, and Michael Arnone & Associates., except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2025-002, TM-2024-010, TR- 2024-045, and ASA-2024-016, shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 67 PC 12-9-2025 67 of 234 EXHIBIT U 5. USE APPROVAL AND PROJECT AMENDMENTS Approval is hereby granted to allow a residential use in a Planned Dev elopment zone that was not allocated units as a Priority Housing Site at the time of Preliminary Application submission under the Housing Crisis Act. The Planning Commission shall review amendments to the project considered major by the Director of Community Development. 6. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 7. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such att orneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. 68 PC 12-9-2025 68 of 234 EXHIBIT U The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of January, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Liang-Fang Chao, Mayor City of Cupertino ________________________ Date ATTEST: 69 PC 12-9-2025 69 of 234 EXHIBIT U ________________________ Kirsten Squarcia, City Clerk ________________________ Date 70 PC 12-9-2025 70 of 234 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2025-___ OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 57 TOWNHOMES, INCLUDING 11 AFFORDABLE UNITS, REPLACING TWO OFFICE BUILDINGS ON A 2.6-ACRE SITE, LOCATED ON THE NORTH SIDE OF STEVENS CREEK BLVD BETWEEN RANDY LANE AND N. BLANEY AVE. LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316-23-025, -026) The Planning Commission recommends that the City Council approve the Architectural and Site Approval, in substantially similar form to the Draft Resolution attached hereto as Exhibit ASA: PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 9th day of December 2025, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 71 PC 12-9-2025 71 of 234 EXHIBIT ASA RESOLUTION NO. _________ OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 57 TOWNHOMES, INCLUDING 11 AFFORDABLE UNITS, REPLACING TWO OFFICE BUILDINGS ON A 2.6-ACRE SITE, LOCATED ON THE NORTH SIDE OF STEVENS CREEK BLVD BETWEEN RANDY LANE AND N. BLANEY AVE. LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316-23-025, -026) SECTION I: PROJECT DESCRIPTION Application No.: ASA-2024-016 Applicant: Dividend Homes Property Owner: Arbor Group Investment LLC Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL: WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval Permit as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Infill Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on December 9, 2025 the Planning Commission recommended on a X-X vote that the City Council approve the Development Permit (DP-2025-001) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Use Permit (U-2025-006) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-016) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Vesting Tentative Map (TM-2024-010), in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Tree Removal Permit (TR-2024-045), in substantially similar form to the Resolution presented (Resolution No. XXXX); and 72 PC 12-9-2025 72 of 234 WHEREAS, the applicant has met the burden of proof required to support the application for an Architectural and Site Approval Permit; and WHEREAS, the City Council finds as follows with regard to this application: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with adjoining land uses, including but not limited to wider setbacks from the single -family residences on the southern property line, as well as providing landscaping along the building frontages to help mitigate potential building massing impacts and compatible with the existing streetscape. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In addition, the proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(as further documented in the memorandum prepared by the City’s environmental consultant, PlaceWorks. The project must meet all Fire and Building Code requirements, which will be further reviewed prior to issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. 2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, cond itional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: a) Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings. The proposed project consists of s the redevelopment of two office buildings (the tallest of which was approximately 35 feet) with ten, new, three-story townhome-style buildings. The adjacent office buildings on Stevens Creek Boulevard are 3-4 stories in height. The proposed residential buildings are approximately 15 - 20 feet taller than the existing commercial building to the west. Additionally, the townhomes are setback from the street and have vegetation and trees planted along Stevens Creek Boulevard in accordance with the Heart of the City Specific Plan for visual screening. There is also landscaping proposed at the perimeter which will help reduce the apparent mass and bulk of the proposed buildings. 73 PC 12-9-2025 73 of 234 b) In order to preserve design harmony between new and existing building and in order to preserve and enhance property values, the materials, textures and colors of new building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for the development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill-over light to adjoining property owners. The design quality of the development is consistent with the high-quality standards identified in the General Plan and Heart of the City Specific Plan. The buildings meet the design qualities of modern, contemporary development. The architectural style is consistent throughout the development and is complementary to the mix of architecture in the area. Utility installation has been designed to be screened by landscaping and or incorporated into the building design. The final lighting for the development will be reviewed as part of the review of the project construction documents to ensure that they meet safety requirements while avoiding spill-over light to adjacent properties and meet applicable Dark Sky standards. The proposed windows are consistent with the City’s bird- safe ordinance as well. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and No signage is proposed as part of this project. d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. While the project abuts an existing single-family residential neighborhood to the north, it is surrounded on all other sides by commercial and office uses. The townhome buildings have been designed in accordance with many of the non-objective design guidelines outlined in the Heart of the City Specific Plan. Further, the project incorporates a row of evergreen trees along the rear property line to provide privacy screening and a larger setback between the four buildings closest to the adjacent single -family residential neighborhood/properties. 74 PC 12-9-2025 74 of 234 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the MND, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 4 herein, and subject to the conditions contained in all other Resolutions approved for this Project. The application for an Architectural and Site Approval, Application No. ASA -2025-004, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. ASA-2025-004 as set forth in the Minutes of the City Council Meeting of January 21, 2026 Meeting, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled “20111 & 20085 Stevens Creek Blvd., Major Architectural and Site Approval Application, Cupertino, CA” dated November 14, 2025 consisting of 74 sheets labeled as, A.1– A.42, TM1.0, C2.0 – C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0, drawn by Dahlin, BKF, and Michael Arnone & Associates., except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. U-2025-006, TM-2024-010, TR- 2024-045, and DP-2025-001, shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. SETBACK AND LANDSCAPE AREAS 75 PC 12-9-2025 75 of 234 Approved setback and landscaped areas shall remain free and clear of any accessory structures that have not been approved as part of this project. 6. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS The final building exterior plan shall closely resemble the details shown on the original approved plans. The final building design and exterior treatment plans (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits and through an in-field mock-up of colors prior to application to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 7. LANDSCAPE INSTALLATION REPORT The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule. The landscape installation report shall include the following statement: “The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit.” 8. LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. a. Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b. Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; 76 PC 12-9-2025 76 of 234 aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. c. Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 9. RESIDENTIAL SCREENING COVENANT The property owner shall record a covenant on this property to inform future property owners of the residential screening measures and tree protection requirements consistent with the approved plans and reference these in the Property Owner Association documentation. The precise language will be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. 10. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 11. LANDSCAPE AND IRRIGATION PLANS The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by Community Development prior to issuance of building permits. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Landscape Ordinance, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. 12. SITE IMPROVEMENTS All proposed site improvements shall be completed prior to final occupancy of any structures approved in conjunction with the project. 77 PC 12-9-2025 77 of 234 13. EXTERIOR BUILDING MATERIALS/TREATMENTS The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. Future changes to the exterior building materials/treatments must be reviewed and approved by the Property Owner’s Association. However, any changes to the building materials that do not match the approved materials shall require an amendment to this permit or a new permit. 14. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements and Section 19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all docum entation required to determine compliance with the Municipal Code. The final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Director of Community Development prior to building permit issuance. A report from a licensed lighting engineer may be required to confirm all exterior lighting throughout the site complies with the City’s Ordinance. 15. TRANSFORMERS Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development 78 PC 12-9-2025 78 of 234 Department. Transformers shall not be located in the front or side building setback area. 16. UTILITY STRUCTURE PLAN Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all new utility structures [including, but not limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public W orks, Fire Department, and applicable utility agencies. 17. GREEN BUILDING The project shall be constructed in accordance with the City’s Green Building Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall obtain LEED Silver certification or an alternative reference standard in accordance with the ordinance since the building size is over 50,000 square feet. Third party LEED certification or alternative reference standard is required per the ordinance criteria and costs associated with third-party review shall be paid by the applicant. 18. EQUIPMENT SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan may be required to demonstrate that the equipment will not be visible from any public right-of-way. The location of the equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 19. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 20. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liabilit y, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding 79 PC 12-9-2025 79 of 234 (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 21. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with 80 PC 12-9-2025 80 of 234 all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of January, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Liang-Fang Chao, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 81 PC 12-9-2025 81 of 234 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2025-XX OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A VESTING TENTATIVE MAP FOR A 57- UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 20045 & 20065 STEVENS CREEK BLVD. (A.P.N.: 316-23-095, -096) The Planning Commission recommends that the City Council approve the Vesting Tentative Map, in substantially similar form to the Draft Resolution attached hereto as Exhibit TM: PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 9th day of December 2025, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 82 PC 12-9-2025 82 of 234 EXHIBIT TM RESOLUTION NO. _________ OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A VESTING TENTATIVE MAP FOR A 57-UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316-23-025, -026) SECTION I: PROJECT DESCRIPTION Application No.: TM-2024-010 Applicant: Dividend Homes Property Owner: Arbor Group Investment LLC Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) SECTION II: FINDINGS FOR A TENTATIVE MAP: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Map as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Infill Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on December 9, 2025 the Planning Commission recommended on a X-X vote that the City Council approve the Development Permit (DP-2025-001) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Use Permit (U-2025-006) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-016) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Vesting Tentative Map (TM-2024-010), in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Tree Removal Permit (TR-2024-045), in substantially similar form to the Resolution presented (Resolution No. XXXX); and 83 PC 12-9-2025 83 of 234 EXHIBIT TM WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Tentative Map; and WHEREAS, the City Council finds as follows with regard to this application: a. That the proposed subdivision map is consistent with the City of Cupertino General Plan. The subject property is consistent with the General Plan since the property is permitted to have up to 25 dwelling units an acre pursuant to the vesting provisions of SB330 which vested the development standards to those that were in place in January 2024. b. That the design and improvements of the proposed subdivision are consistent with the General Plan. The off-site improvements are consistent with the City’s General Plan and Heart of the City Specific Plan policies related to applicable pedestrian and bicycle safety with improvements made in accordance with the right-of-way design and an urban canopy within the public right- of-way. c. That the site is physically suitable for the type of development contemplated under the approved subdivision. The proposed tentative map is compatible with the adjoining land uses and no physical constraints are present that would conflict with the anticipated land use and development. Moreover, there are no topographical anomalies that differentiate this property from adjacent properties and the site is located on the valley floor and is not listed within any environmentally sensitive zone. d. That the site is physically suitable for the intensity of development contemplated under the approved subdivision. The subject property is physically suitable in size and shape and in conformance to development standards and is configured to accommodate a multi-unit development like the one proposed. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 84 PC 12-9-2025 84 of 234 EXHIBIT TM The design of the subdivision and proposed improvements will not injure fish and wildlife or their habitat because the property is a previously developed site, with no fish and wildlife habitat in the vicinity; the site is located in an urbanized area where residential land use is allowed. f. That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. The proposed subdivision design and improvements will not cause serious public health problems. The proposed development is consistent with the intent of the policies of the General Plan for a development of this density on this site, and the on -site and off-site improvements improve neighborhood walkability through improved sidewalk construction with size- appropriate driveway curb-cuts and street and private trees planting. g. That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. No easement or right-of-way exists currently that would be impeded or conflict with the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 4 thereof, and those contained in all other Resolutions approved for this Project. The application for a Vesting Tentative Map, Application No. TM-2025-002, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application No. TM-2025-002 as set forth in the Minutes of the City Council Meeting of January 21, 2026 meeting, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled “20111 & 20085 Stevens Creek Blvd., Major Architectural and Site Approval Application, Cupertino, CA” dated November 14, 2025 consisting of 74 sheets labeled as, A.1– A.42, TM1.0, C2.0 – 85 PC 12-9-2025 85 of 234 EXHIBIT TM C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0, drawn by Dahlin, BKF, and Michael Arnone & Associates., except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. U-2025-006, DP-2025-001, TR- 2024-045, and ASA-2024-016, shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 6. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether 86 PC 12-9-2025 86 of 234 EXHIBIT TM incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such at torneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be lega lly barred from later challenging such exactions. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS 87 PC 12-9-2025 87 of 234 EXHIBIT TM (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conform to generally accepted engineering practices. ___________________________ Chad Mosley, Director of Public Works City Engineer CA License 66077 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of January, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Liang-Fang Chao, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 88 PC 12-9-2025 88 of 234 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2025-XX OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT TO REMOVE AND REPLACE FIFTY-NINE (59) DEVELOPMENT TREES TO ACCOMMODATE A PROPOSED RESIDENTIAL DEVELOPMENT WITH 57 TOWNHOME STYLE CONDOMINIUM UNITS LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316-23-025, -026) The Planning Commission recommends that the City Council approve the Vesting Tentative Map, in substantially similar form to the Draft Resolution attached hereto as Exhibit TM: PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 9th day of December 2025, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 89 PC 12-9-2025 89 of 234 EXHIBIT TR RESOLUTION NO. _________ OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A TREE REMOVAL PERMIT TO REMOVE AND REPLACE FIFTY- NINE (59) DEVELOPMENT TREES TO ACCOMMODATE A PROPOSED RESIDENTIAL DEVELOPMENT WITH 57 TOWNHOME STYLE CONDOMINIUM UNITS LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316-23-025, - 026) SECTION I: PROJECT DESCRIPTION Application No.: TR-2024-045 Applicant: Dividend Homes Property Owner: Arbor Group Investment LLC Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) SECTION II: FINDINGS FOR A TENTATIVE MAP: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree Removal Permit as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Infill Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral st atements received prior to and at the public hearing; and WHEREAS, on December 9, 2025 the Planning Commission recommended on a X-X vote that the City Council approve the Development Permit (DP-2025-001) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Use Permit (U-2025-006) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-016) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Vesting Tentative Map (TM-2024-010), in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Tree Removal Permit (TR-2024-045), in substantially similar form to the Resolution presented (Resolution No. XXXX); and 90 PC 12-9-2025 90 of 234 PC Reso. Page 2 WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Tree Removal Permit; and WHEREAS, the City Council finds as follows with regard to this application: a) That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). To accommodate for the new development’s structures, walkways and internal street network to public open spaces, the existing trees cannot be preserved in their locations. The applicant proposes 46 replacement trees throughout the site in conformance with the Municipal Code Ordinance requirements and proposes to locate the replacements where tree coverage is needed, while preserving virtually all the trees that are not within the development area of the project site. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 2 herein, and subject to the conditions contained in all other Resolutions approved for this Project The application for a Tree Removal Permit, Application No. TR-2025-002, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. TR-2025-002 as set forth in the Minutes of the City Council Meeting of January 21, 2026 Meeting, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 91 PC 12-9-2025 91 of 234 PC Reso. Page 2 1. APPROVED EXHIBITS Approval is based on the plan set entitled “20111 & 20085 Stevens Creek Blvd., Major Architectural and Site Approval Application, Cupertino, CA” dated November 14, 2025 consisting of 74 sheets labeled as, A.1– A.42, TM1.0, C2.0 – C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0, drawn by Dahlin, BKF, and Michael Arnone & Associates., except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible for verifying all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. U-2025-006, TM-2024-010, DP- 2025-001, and ASA-2024-016, shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. TREE REPLACEMENT SIZE The applicant shall provide adequate tree replacements for trees proposed to be removed in conformance with the replacement guidelines per Cupertino Municipal Code Section 14.18.160. The size of the proposed replacement trees shall be modified as follows to be consistent with the City’s Protected Tree Ordinance unless deemed infeasible by the City’s Consulting Arborist: a. Diameter of trunk size of removed tree up to 12 inches shall be replaced with one 24-inch box tree; b. Over 12 inches and up to 36 inches shall be replaced by two 24-inch box tree or one 36-inch box tree; and c. Over 36 inches shall be replaced with one 36-inch box tree. If it is determined that it is physically not feasible to plant the required replacement trees, the Applicant may pay in-lieu fees determined to be appropriate by the Community Development Director. 6. TREE PROTECTION 92 PC 12-9-2025 92 of 234 PC Reso. Page 2 a. As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, t he following measures shall be added, at a minimum, to the protection plan:  For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work.  No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist.  No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City’s consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree.  Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth.  Tree protection conditions shall be posted on the required tree protection barriers.  Retained trees shall be watered to maintain them in good health.  A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. b. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. c. The City’s consulting arborist, retained at the applicant’s expense, shall inspect the trees to be retained and the tree protection measures, and shall provide reviews prior to issuance of demolition, grading or building permits. d. A report ascertaining the good health of the trees mentioned above shall be provided by the applicant’s arborist, to be peer reviewed by the City’s Consulting Arborist, prior to issuance of final occupancy. 7. PROTECTED TREES The applicant and future property owners understand that the replacement trees and all other trees approved with this development may not be removed without the prior approval by the Community Development Department of a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the trees. The applicant shall also disclose the location and species of all replacement and development trees on site upon sale of the property. 8. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible for consulting with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 93 PC 12-9-2025 93 of 234 PC Reso. Page 2 9. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized fo r the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whet her incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 10. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant 94 PC 12-9-2025 94 of 234 PC Reso. Page 2 to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of January, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Liang-Fang Chao, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 95 PC 12-9-2025 95 of 234 City of Cupertino 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) December 2025 | CEQA Exemption Memorandum 96 PC 12-9-2025 96 of 234 December 2025 | CEQA Exemption Memorandum 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) for City of Cupertino City of Cupertino Contact: Gian Martire, Senior Planner 10300 Torre Avenue Cupertino, California 95014 408.777.3319 Prepared by: PlaceWorks Contact: Rachel Goren, Associate 2040 Bancroft Way #400 Berkeley, California 94704 510.848.3815 www.placeworks.com 97 PC 12-9-2025 97 of 234 DECEMBER 2025 i Section Page 1. Introduction ...................................................................................................... 1 1.1 Statutory Exemptions .............................................................................................. 1 2. Project Description ............................................................................................ 3 2.1 Regional Location .................................................................................................... 3 2.2 Project Site .............................................................................................................. 3 2.3 Land Use and Zoning Designations ......................................................................... 3 2.4 Proposed Project ..................................................................................................... 4 3. Findings Concerning CEQA Exemption................................................................ 5 3.1 Public Resources Code Section 21080.66 ............................................................... 5 3.2 Analysis in Support of Findings ............................................................................... 5 3.3 Conclusion ............................................................................................................. 19 Tables Table 1 Infill Requirements and Project Consistency ................................................................ 6 Table 2 Environmental Criteria and Project Consistency ........................................................ 10 Table 3 Tribal Notification, Outreach, and Consultation Initiation ......................................... 15 SOURCES All documents cited in this report and used in its preparation are hereby incorporated by reference into this document. Copies of documents referenced herein are available for review at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014. 98 PC 12-9-2025 98 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1 ) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO TABLE OF CONTENTS ii PlaceWorks This page is intentionally left blank. 99 PC 12-9-2025 99 of 234 DECEMBER 2025 1 1. INTRODUCTION This section describes the standards for determining a significant effect on the environment from construction and operation of the proposed 20085 and 20111 Stevens Creek Boulevard Residential Development Phase 1 (proposed project) pursuant to the requirements of the California Environmental Quality Act (CEQA). The City of Cupertino (City) is the lead agency for the proposed project. 1.1 STATUTORY EXEMPTIONS Once it is determined that an activity is a project subject to CEQA, it is then determined whether the project is exempt from CEQA. Pursuant to State CEQA Guidelines Section 15061(b), a project is exempt from CEQA if: 1. The project is exempt by statute (see, e.g., Article 18, commencing with Section 15260). 2. The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2. 3. The activity is covered by the common-sense exemption that CEQA applies only to projects 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 que stion may have a significant effect on the environment, the activity is not subject to CEQA. 4. The project will be rejected or disapproved by a public agency (see Section 15270(b)). 5. The project is exempt pursuant to the provisions of Article 12.5 of Chapter 3. The proposed project would be exempt as a “statutory ” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a), as further discussed in Section 3, Findings Concerning CEQA Exemption. This document has been prepared to demonstrate CEQA compliance as it pertains to the proposed project. This document also provides information to decision makers regarding a finding that the proposed project is exempt under CEQA. 100 PC 12-9-2025 100 of 234 200 8 5 AND 20 111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 1. INTRODUCTION 2 PlaceWorks This page is intentionally left blank. 101 PC 12-9-2025 101 of 234 DECEMBER 2025 3 2. PROJECT DESCRIPTION 2.1 REGIONAL LOCATION The project site is in the city of Cupertino, approximately 38 miles southeast of the city and county of San Francisco. Cupertino is on the western edge of Santa Clara County and north of the city of Saratoga, east of unincorporated Santa Clara County, south of the city of Sunnyvale, and west of the city of San José. Regional access to the project site is provided by Interstate 280 (I-280) via North Wolfe Road or North De Anza Boulevard to the north, and by Highway 85 via Stevens Creek Boulevard to the west. The City is also supported by Santa Clara Valley Transportation Authority (VTA) bus service and Caltrain via the Sunnyvale, Lawrence, and Santa Clara Caltrain Stations. 2.2 PROJECT SITE The 2.69-acre project is at 20085 and 20111 Stevens Creek Boulevard, between North Blaney Avenue and Randy Lane, in an urbanized area. The project site is developed with office buildings and a surface parking lot with ornamental landscaping. The site is bounded by single-family residences to the north, commercial development to the east, Stevens Creek Boulevard to the south, and commercial development to the west. According to Plan Bay Area, the project site is within a Santa Clara VTA City Cores, Corridors & Station Areas Priority Development Area (PDA) and a Transit Priority Area (TPA). The project site is on Stevens Creek Boulevard, which is a high transit corridor, and within a half-mile walking distance from the VTA Bus Routes 23 and 55, which are considered major transit stops. 2.3 LAND USE AND ZONING DESIGNATIONS The project site is assigned Assessor’s Parcel Numbers (APNs) 316-23-025 and 316-23-026, and the latter is identified as Housing Site 8 in Cupertino’s Housing Element. While the City was in the process of obtaining certification of its (2023-2031) Housing Element by the California Department of Housing and Community Development, the developer submitted a preliminary application pursuant to the Housing Crisis Act of 2019, commonly referred to by its legislative number, Senate Bill (SB) 330. This act vests the standards that are in place at the time a “preliminary application” for a housing project is submitted and prevents jurisdictions from imposing or enforcing new design standards on housing projects that are not objective. As such, 102 PC 12-9-2025 102 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 2. PROJECT DESCRIPTION 4 PlaceWorks the proposed project is subject to the regulations in place at the time the project’s preliminary application was submitted, on June 27, 2024, which are: ▪ General Plan Land Use. Commercial/Office/Residential General Plan within the Heart of the City Special Area ▪ Specific Plan. Heart of the City Specific Plan ▪ Zoning District. Planned Development with General Commercial Residential (P(CG, Res)) ▪ Density. 25 dwelling units per acre (maximum) ▪ Height. 45 feet (maximum) Pursuant to the State Density Bonus Law and the City’s Density Bonus ordinance (Cupertino Municipal Code Chapter 19.56, Density Bonus), the project applicant has requested the following, to the extent needed to comply with applicable objective standards: ▪ A waiver or reduction of development standards to reduce the front, side, and rear setbacks for portions of the project and to increase height allowance. ▪ A waiver for vehicle parking standards pursuant to Government Code Section 65915(p). ▪ A waiver for the parkland dedication development standard. ▪ A waiver to the Heart of the City Specific Plan Design Guidelines for Common Open Space. 2.4 PROPOSED PROJECT The project applicant, Dividend Homes, is proposing a residential development that would involve the demolition of the existing office buildings and the construction of 10 new residential buildings. The proposed project would include a total of 57 townhomes made up of 11 below- market-rate and 46 market-rate units ranging from 1,548 to 2,156 square feet. Each townhome would have three stories with a roof deck and would be approximately 45 feet tall at the highest point. The proposed project would provide 124 vehicle parking spaces and 8 bicycle parking spaces. Each townhome would include private open space via a roof deck, averaging 60 square feet per unit. No common usable open space is proposed. 103 PC 12-9-2025 103 of 234 DECEMBER 2025 5 3. FINDINGS CONCERNING CEQA EXEMPTION 3.1 PUBLIC RESOURCES CODE SECTION 21080.66 Assembly Bill (AB) 130, signed into law on June 30, 2025, and codified in Public Resources Code (PRC) Section 21080.66, exempts qualifying infill housing development from CEQA review, creating a new statutory exemption. This exemption applies to any required permits, entitlements, or other discretionary approvals for a broad range of housing types. This section demonstrates that the proposed project meets the requirements of PRC Section 21080.66 and is organized as follows: ▪ Infill Criteria. This section describes the project’s consistency with the allowed housing development type defined in PRC Section 21080.66(a), subdivisions (1) through (5) and (8). ▪ Environmental Criteria. This section describes the individual environmental requirements pursuant to PRC Section 21080.66(a), subdivisions (6) and (7). ▪ Tribal Cultural Resources. This section describes the tribal notification and outreach requirements pursuant to PRC Section 21080.66(b). ▪ Hazardous Materials. This section describes the requirements for the identification and treatment of hazardous materials pursuant to PRC Section 21080.66(c). ▪ Other Requirements. This section describes the Labor Code requirements and eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to PRC Section s 21080.66(d) and (e), respectively. 3.2 ANALYSIS IN SUPPORT OF FINDINGS Infill Requirements Table 1, Infill Requirements and Project Consistency, demonstrates that the project meets the requirements of PRC Section 21080.66(a), which specifically defines a “housing development project” in Government Code Sections 65905.5(b) and 65589.5(h)(2). 104 PC 12-9-2025 104 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 6 PlaceWorks Table 1 Infill Requirements and Project Consistency Infill Requirements Consistency Determination PRC Section 21080.66(a). Use Type. The project meets any of the following for a definition of a “housing development project” pursuant to Government Code Sections 65905.5(b) and 65589.5(h)(2): ▪ Residential units only ▪ Mixed-use development which includes residential and non-residential uses that meet any of the following criteria: o At least two-thirds of the project's new or converted square footage is designated for residential use o At least 50 percent of the project's new or converted square footage is designated for residential use and the project meets both of the following: - The project includes at least 500 net new residential units - No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging1 o At least 50 percent of the net new or converted square footage is designated for residential use and the project meets all of the following: - The project includes at least 500 net new residential units - The project includes the demolition or conversion of at least 100,000 square feet of non-residential use - The project includes the demolition of at least 50 percent of the existing non-residential uses on the site - No portion of the project is designated for transient lodging, except a portion of the project may be designated for use as a residential hotel (as described above) ▪ Transitional housing or supportive housing; or ▪ Farmworker housing, as defined in California Health and Safety Code Section 50199.7(h) Consistent. The proposed project includes the construction of 57 townhome units only. 105 PC 12-9-2025 105 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION DECEMBER 2025 7 Table 1 Infill Requirements and Project Consistency Infill Requirements Consistency Determination PRC Section 21080.66(a)(1): Size. A project site does not exceed 20 acres or five acres for a builder’s remedy project as defined in Government Code Section 65589.5(h)(11), or a housing development project or emergency shelter that meets the criteria in Government Code Section 65589.5(d)(5) as it read before January 1, 2025. Consistent. The size of the project site is 2.69 acres. PRC Section 21080.66(a)(2): Location. The project site is within the boundaries of an incorporated municipality or an urban area, as defined by the United States Census Bureau. Based on the U.S. Census Bureau’s criteria for urban areas, an area must encompass at least 5,000 people or at least 2,000 housing units to be considered an urban area. In addition, an area must have 425 housing units per square mile, which defines the initial urban core. Two hundred (200) units per square mile shall fill in the remainder of the urban area. Each urban area shall contain at least one high-density nucleus, with 1,275 housing units per square mile.2 Consistent. The site is located within the city of Cupertino, an incorporated city. PRC Section 21080.66(a)(3): Urban Development. The project site meets any of the following criteria: ▪ The site has been previously developed with an urban use; ▪ At least 75 percent of the perimeter of the site adjoins parcels developed with urban uses; ▪ At least 75 percent of the area within a one-quarter mile radius of the site is developed with urban uses; ▪ At least three sides of the site are developed with urban uses and at least two-thirds of the site’s perimeter adjoins parcels that are developed with urban uses (for sites with four sides) Consistent. The project site is developed with existing commercial buildings and a paved surface parking lot. The site is surrounded by urban uses and paved public streets, including commercial and residential uses that adjoin the northern, eastern, and western boundaries of the site, and Stevens Creek Boulevard, which adjoins the southern boundary of the site. In addition, surrounding land uses within one-quarter mile of the site are developed with urban uses. 106 PC 12-9-2025 106 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 8 PlaceWorks Table 1 Infill Requirements and Project Consistency Infill Requirements Consistency Determination PRC Section 21080.66(a)(4): General Plan or Zoning Consistency. The project is consistent with the applicable general plan or zoning ordinance, and any local coastal program as applicable. If the zoning and general plan are not consistent with one another, the project would satisfy this requirement if it were consistent with one. The approval of a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios shall not be the basis for determining that the project is inconsistent with this requirement. Consistent. The project site is within the General Plan Heart of the City Special Area and the General Plan land use designation is Commercial/Office/Residential. The zoning district is Planned Development with General Commercial and Residential (P (CG, Res)) zoning district. The General Plan land use designation allows residential development and an established residential density of up to 25 dwelling units per acre. The Heart of the City Specific Plan, which is consistent with the General Plan assumptions for the site, includes residential as a supporting use and allows for fully residential development through the approval of a Conditional Use Permit. The project site’s zoning district allows for residential development on the property. The proposed project would provide a residential density of 21 dwelling units per acre, which is within the density allowed for the project site under the General Plan. The proposed maximum building height of 45 feet, 10.5 inches, is consistent with the General Plan’s 45- foot height limit allowed for the site with the applicable density bonus waiver. PRC Section 21080.66(a)(5): Density. The project will be at least one-half of the following applicable density specified in Government Code Section 65583.2(c)(3)(B), to accommodate housing for lower income households3 ▪ At least 15 units per acre allowed for sites within an incorporated city within a non-metropolitan county and for a non-metropolitan county that has a micropolitan area Consistent. The project site is in a metropolitan county (i.e., Santa Clara County). Therefore, the minimum density requirement under PRC 21080.66 (a)(5) is one half of 30 dwelling units per acre. The project would have a residential density of 21 dwelling units per acre. 107 PC 12-9-2025 107 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION DECEMBER 2025 9 Table 1 Infill Requirements and Project Consistency Infill Requirements Consistency Determination ▪ At least 10 units per acre allowed for sites within an unincorporated area in a non-metropolitan county not included in the above requirement ▪ At least 20 units per acre allowed for sites within suburban jurisdictions ▪ At least 30 units per acre allowed for sites within a jurisdiction in a metropolitan county. PRC Section 21080.66(a)(8): Lodging Uses. For a project that was deemed complete pursuant Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. For the purposes of this section, “other transient lodging” does not include either of the following: ▪ A residential hotel, as defined in Section 50519 of the Health and Safety Code. ▪ After the issuance of a certificate of occupancy, a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, in a manner consistent with local law. Consistent. The proposed project would not include hotel, motel, bed and breakfast inn, or other transient lodging uses. Notes: 1 For a project that was deemed complete pursuant to Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. Other transient lodging does not include either of the following: a residential hotel, as defined in Health and Safety Code Section 50519 or a resident’s use or marketing of a unit as short-term lodging, as defined in the Business and Professions Code, Section 17568.8. 2 United States Census Bureau, 2025, August 21 (accessed). Redefining Urban Areas following the 2020 Census. https://www.census.gov/newsroom/blogs/random- samplings/2022/12/redefining-urban-areas-following-2020-census.html. 3 California Legislative Information, 2025, August 21 (accessed). Government Code – GOV: ARTICLE 10.6. Housing Elements [65580 - 65589.11]. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65588.&article=10.6.&highlight=tru e&keyword=housing+element. 108 PC 12-9-2025 108 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION DECEMBER 2025 10 Environmental Criteria Pursuant to PRC Section 21080.66(a), the project site must meet the environmental criteria identified in Government Code Section 65913.4(a)(6). These environmental criteria and the proposed project’s compliance are detailed in Table 2, Environmental Criteria and Project Consistency. As shown in Table 2, the project site would meet the environmental criteria. Table 2 Environmental Criteria and Project Consistency Environmental Criteria Consistency Determination PRC Section 21080.66(a)(6) Coastal Zone. The project site cannot be located in a coastal zone, as defined in the Public Resources Code (PRC) Division 20. Consistent. The project site is not in a coastal zone. The site is approximately 20 miles east of the Pacific Ocean. The California Coastal Commission designates the boundary of coastal zones to extend 3 nautical miles offshore and does not include the project site.1 Farmland. The project site cannot be located on either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. Consistent. The project site is not on prime farmland or farmland of statewide importance. The California Department of Conservation designates the city of Cupertino as Urban and Built-Up Land.2 Additionally, as discussed in Section 2.3, Land Use and Zoning Designations, the project site is not zoned for agricultural uses. Wetlands. The project site cannot be located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2. Consistent. The United States Fish and Wildlife Service does not identify any wetlands on or near the project site.3 Fire Hazard Severity Zone. The project site cannot be within a very high fire hazard severity zone (FHSZ), as determined by the Department of Forestry and Fire Protection (CAL FIRE) pursuant to Government Code Section 51178, or within a high or very high FHSZ as indicated on maps adopted by CAL FIRE pursuant to PRC Section 4202. This requirement does not apply to sites excluded from the specified hazard zones by a local agency, or sites that have adopted fire hazard mitigation Consistent. The project site is not within a very high FHSZ as designated by CAL FIRE. It is approximately 2 miles northeast of a very high FHSZ in a Local Responsibility Area, and 3 miles northeast of lands that CAL FIRE designates as a very high FHSZ in a State Responsibility Area.4 109 PC 12-9-2025 109 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION DECEMBER 2025 11 Table 2 Environmental Criteria and Project Consistency Environmental Criteria Consistency Determination measures pursuant to existing building standards or state fire mitigation measures applicable to the development. Hazardous Waste Site. The project site cannot be on a hazardous waste site that is listed pursuant to Government Code Section 65962.5 (Cortese List) or a hazardous waste site designated by the Department of Toxic Substances Control (DTSC) pursuant to Health and Safety Code Section 25356 (EnviroStor online database), unless DTSC has cleared the site for residential use or residential mixed uses. Consistent. The project site is not included on the Hazardous Waste and Substances Site List (Cortese), pursuant to Government Code Section 65962.5.5 Additionally, the project site is not listed on any of the following California Environmental Protection Agency’s (CalEPA) Cortese List Data Resources:6 ▪ List of Hazardous Waste and Substances sites from DTSC EnviroStor database5 ▪ List of Leaking Underground Storage Tank Sites (LUSTs) from the State Water Resources Control Board’s (SWRCB’s) GeoTracker7 ▪ List of solid waste disposal sites identified by SWRCB with waste constituents above hazardous waste levels outside the waste management unit8 ▪ List of “active” Cease and Desist Orders and Cleanup and Abatement Orders from SWRCB9 ▪ List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC10 Earthquake Fault Zone. The project site cannot be within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law of Health and Safety Code Division 13, and by any local building department under Title 2 of the Government Code, Division 1, Chapter 12.2. Consistent. The California Geological Survey does not map an earthquake fault zone in or near the project site. 11 110 PC 12-9-2025 110 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 12 PlaceWorks Table 2 Environmental Criteria and Project Consistency Environmental Criteria Consistency Determination Federal Emergency Management Agency (FEMA) Designations. The project site cannot be within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by FEMA in any official maps published by FEMA, unless either of the following are met: ▪ The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the local jurisdiction. ▪ The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. The project site also cannot be within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the development has received a no-rise certification in accordance with Title 44 of the Code of Federal Regulations, Section 60.3(d)(3). Consistent. FEMA’s Flood Insurance Rate Map (FIRM) designates the project site as Zone X, which is defined as areas with a 0.2% annual chance of flood. The project site is also not within a regulatory floodway.12 Conservation Plan. The project site cannot be on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act of 1973, or other adopted natural resource protection plan. Consistent. The Santa Clara Valley Habitat Plan boundaries cover a small portion of Cupertino; however, the project site is approximately 0.9 miles north of the boundaries of the plan.13 Special-Status Species Habitat. The project site cannot be in a habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act. Consistent. The Classification and Assessment with Landsat of Visible Ecological Groupings habitat mapping program classifies the project site as an “urban area,” which tends to have low to poor wildlife habitat value due to replacement of natural communities, fragmentation of remaining open space areas and parks, and intensive human disturbance. The California Natural Diversity Database has no record of special-status plant and animal species on the project site or urbanized areas 111 PC 12-9-2025 111 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION DECEMBER 2025 13 Table 2 Environmental Criteria and Project Consistency Environmental Criteria Consistency Determination within a one-mile area surrounding the site.14 There are no natural lands within a one-mile area of the project site. Accordingly, the project site has no value as habitat for endangered, rare, or threatened species. Lands under Conservation Easement. The project site cannot be on lands under conservation easement. Consistent. The project site is not within a conservation easement. PRC Section 21080.66(a)(7) Historic Structure. Pursuant to PRC Section 21080.66(a)(7), the project cannot require the demolition of a historic structure that was placed on a national, State, or local historic register before the date a preliminary application was submitted for the project. Consistent. The project would include the demolition of the site’s existing commercial building. The existing building on the project site is not currently listed on the National Register of Historic Places15 or the list of California Register of Historical Resources,16 or the most recent list of Cupertino historically significant resources.17 Sources: 1. California Coastal Commission, 2019, Maps: Coastal Zone Boundary, https://www.coastal.ca.gov/maps/czb/, accessed August 21, 2025. 2. California Department of Conservation, 2022, California Important Farmland Finder, https://maps.conservation.ca.gov/DLRP/CIFF/, accessed August 21, 2025. 3. United States Fish and Wildlife Service, 2025, August 21 (accessed), National Wetlands Inventory, https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/. 4. California Department of Forestry and Fire Protection, 2025, August 21 (accessed), Fire Hazard Severity Zone Viewer, https://experience.arcgis.com/experience/6a9cb66bb1824cd98756812af41292a0. 5. California Department of Toxic Substances Control, 2025, August 21 (accessed), Hazardous Waste and Substances Site List (Cortese), https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS &status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29. 6. California Environmental Protection Agency, 2025, August 21 (accessed), Cortese List Data Resources, https://calepa.ca.gov/SiteCleanup/CorteseList/. 7. State Water Resources Control Board, 2025, August 21 (accessed), GeoTracker, https://geotracker.waterboards.ca.gov/search?CMD=search&case_number=&business_name=&main_street_n ame=&city=&zip=&county=&SITE_TYPE=LUFT&oilfield=&STATUS=&BRANCH=&MASTER_BASE=&Search=Search. 8. California Environmental Protection Agency, 2025, August 21 (accessed), Sites Identified with Waste Constituents Above Hazardous waste Levels Outside the Waste Management Unit, https://calepa.ca.gov/wp- content/uploads/2016/10/SiteCleanup-CorteseList-CurrentList.pdf. 9. California Environmental Protection Agency, 2025, August 21 (accessed), List of “active” CDO and CAO from Water Board, https://calepa.ca.gov/wp-content/uploads/2016/10/SiteCleanup-CorteseList-CDOCAOList.xlsx. 112 PC 12-9-2025 112 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 14 PlaceWorks 10. California Environmental Protection Agency, 2025, August 21 (accessed), Cortese List: Section 65962.5(a), https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/. 11. California Geological Survey, 2025, August 21 (accessed), Earthquake Zones of Required Investigation, https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/. 12. Federal Emergency Management Agency, 2009, May 18 (accessed August 21, 2025), FEMA Flood Map Service Center: Search By Address, https://msc.fema.gov/portal/search?AddressQuery=10065%20E%20Estates%20Dr%2C%20Cupertino%2C%20C A%2095014. 13. Santa Clara Valley Habitat Agency, 2013 (accessed August 21, 2025), Santa Clara Valley Habitat Plan Geobrowser, https://scvha.maps.arcgis.com/apps/webappviewer/index.html?id=f2268679c2fa49489e3f7d6e8377837e. 14. California Natural Diversity Database, 2025, August 21 (accessed), CNDDB Maps and Data, https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data. 15. National Park Service, 2024, July 10 (accessed August 21, 2025), National Register of Historic Places, https://www.nps.gov/subjects/nationalregister/database-research.htm#table. 16. California Office of Historic Preservation, 2025, August 21 (accessed), California Historical Resources, https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43. 17. City of Cupertino, 2015, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, Chapter 4.5, Cultural Resources, Table 4.4-2, Cultural Resources in the Project Study Area and Vicinity, pages 4.4-8 to 4.4-12. Tribal Cultural Resources TRIBAL OUTREACH AND CONSULTATION PRC Section 21080.66(b) requires local government to provide formal notification via certified mail and email to each California Native American tribe that is traditionally and culturally affiliated with the project site as an invitation to consult on the proposed project, its location, and the potential for the project to impact tribal cultural resources pursuant to one of the following deadlines: ▪ Within 14 days of the application for the project being deemed complete pursuant to Government Code Section 65589.5(h)(5). ▪ Within 14 days of notifying the local government that the project is eligible to be exempt from this division pursuant to this section for projects whose applications were deemed complete before July 1, 2026. Tribal Notification The City received a request to be notified about projects in the city of Cupertino from the Tamien Nation on May 28, 2021, as the city is within the geographic area with which they are traditionally and culturally affiliated. The City routinely notifies the Tamien Nation of all applicable projects pursuant to the Native American Historic Resource Protection Act, 113 PC 12-9-2025 113 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION DECEMBER 2025 15 commonly referred to as it’s legislative bill number AB 52. In addition, the City sent a request to the Native American Heritage Commission (NAHC) for a Tribal Contacts List on August 4, 2025. The NAHC provided a consultation list with a total of 23 contacts for 9 tribes that are traditionally and culturally affiliated with the geographic area of the city of Cupertino on August 5, 2025, as listed. ▪ Amah Mutsun Tribal Band ▪ Muwekma Ohlone Tribe of the SF Bay Area ▪ Amah Mutsun Tribal Band of Mission San Juan Bautista ▪ Northern Valley Yokut / Ohlone Tribe ▪ Tamien Nation ▪ Costanoan Rumsen Carmel Tribe ▪ The Ohlone Indian Tribe ▪ Indian Canyon Mutsun Band of Costanoan ▪ Wuksachi Indian Tribe/Eshom Valley Band On August 6, 2025, the City sent outreach request letters via certified mail and email for each tribal contact provided. Table 3, Tribal Notification, Outreach, and Consultation Initiation, shows the contacts that requested consultation. Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact Date of Response Date of Consultation Initiation Amah Mutsun Tribal Band Ed Ketchum, Vice-Chairperson -- -- Amah Mutsun Tribal Band Valentin Lopez, Chairperson -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Garry Zimmer, Senior Cultural Monitor and Consultant -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Christopher Zimmer, Senior Cultural Monitor and Consultant, Councilman -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Michelle Zimmer, Senior Cultural Monitor and Consultant -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Irenne Zwierlein, Chairperson -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Shelby Brown, Senior Cultural Monitor and Consultant, Councilwoman -- -- Costanoan Rumsen Carmel Tribe Carla Munoz, Tribal Council -- -- 114 PC 12-9-2025 114 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 16 PlaceWorks Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact Date of Response Date of Consultation Initiation Costanoan Rumsen Carmel Tribe Samuel Rodriguez, Cultural Resource Officer -- -- Costanoan Rumsen Carmel Tribe Henry Muñoz, Cultural Resource Officer -- -- Indian Canyon Mutsun Band of Costanoan Ann Marie Sayers, Retired Honorable Elder -- -- Indian Canyon Mutsun Band of Costanoan Kanyon Sayers-Roods, Tribal Chairwoman 8/6/2025 8/20/2025 Muwekma Ohlone Tribe of the SF Bay Area Richard Massiatt, Councilmember/ MLD Tribal Rep. 8/6/2025 8/20/2025 Muwekma Ohlone Tribe of the SF Bay Area Charlene Nijmeh, Chairperson -- -- Northern Valley Yokut / Ohlone Tribe Katherine Perez, Chairperson -- -- Northern Valley Yokut / Ohlone Tribe Timothy Perez, Tribal Compliance Officer -- -- Tamien Nation Lillian Camarena, Secretary 8/28/2025 9/9/2025 Tamien Nation Quirina Geary, Chairperson 8/28/2025 9/9/2025 Tamien Nation Johnathan Wasaka Costillas, THPO -- -- The Ohlone Indian Tribe Desiree Vigil, THPO -- -- The Ohlone Indian Tribe Andrew Galvan, Chairperson -- -- The Ohlone Indian Tribe Vincent Medina, Cultural Leader -- -- Wuksachi Indian Tribe/ Eshom Valley Band Kenneth Woodrow, Chairperson -- -- Source. Native American Heritage Commission, August 2025. Note. Where no dates are identified, no response was received so consultation was not initiated. Sacred Lands File Search Concurrently with the tribal contact list request on August 4, 2025, the City also requested a Sacred Lands File (SLF) search. There are no known cultural resources on the project site and the results of the SLF search conducted by Mathew Lin, MPP, Cultural Resources Analyst, NAHC, on August 5, 2025, were negative. 115 PC 12-9-2025 115 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION DECEMBER 2025 17 PROTECTION OF TRIBAL CULTURAL RESOURCES Pursuant to PRC Section 21080.66(b)(4)(A), the project applicant is required to comply with any enforceable agreements reached during the project consultation. Because no agreements, enforceable or otherwise, were requested during project consultation, no requirements were added to the proposed project. Further, pursuant to PRC Section 21080.66(b)(4)(B), a mutual agreement between the California Native American tribes that consulted, and the project applicant was made; thus, none of the measures pursuant to PRC Section 21080.66(b)(4)(B) are required. TRIBAL CULTURAL RESOURCES CONSISTENCY SUMMARY The City completed the tribal outreach requirements pursuant to PRC Section 21080.66(b)(1) through (3) and the requirements of PRC Section 21080.66(b)(4) do not need to be included as a binding condition. As such, the project is consistent with the tribal outreach and consultation and protection of tribal cultural resources requirements described in PRC Section 21080.66(b). Environmental Assessment (Hazardous Materials) PHASE I ENVIRONMENTAL SITE ASSESSMENT PRC Section 21080.66(c)(1)(A) states that local government shall require the project applicant to complete a Phase I Environmental Site Assessment (ESA) as a condition of approval for the development, as defined in Section 78090 of the Health and Safety Code. Based on PRC Section 21080.66(c)(1)(B), if a recognized environmental condition (REC) is found, the project applicant shall complete a preliminary endangerment assessment1 (in accordance with the California Health and Safety Code Section 78095), prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. Pursuant to PRC Section 21080.66(c)(1)(C), if a release of a hazardous substance is found to exist on the site, the release shall be removed , or any effects of the release shall be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy. Pursuant to PRC Section 21080.66(c)(1)(D), if a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall 1 Based on the California Health and Safety Code Section 78095, preliminary endangerment assessment includes the following activities: sampling and analysis of a site; a preliminary determination of the type and extent of hazardous material contamination of a site; and a preliminary evaluation of the risks the hazardous materials contamination of a site may pose to public health or the environment. 116 PC 12-9-2025 116 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 18 PlaceWorks be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy. HAZARDOUS MATERIALS CONSISTENCY REQUIREMENTS A Phase I ESA was prepared and third-party peer reviewed as part of the City’s requirements in Cupertino Municipal Code Chapter 17.04, Standard Environmental Protection Requirements, that identifies standard environmental protection requirements that all construction projects must meet. The results of the Phase I ESA did not find any RECs. Accordingly, the project is consistent with the PRC Section 21080.66(c)(1) criteria regarding hazardous materials. PROXIMITY TO FREEWAYS For projects within 500 feet of a freeway, PRC Section 21080.66(c)(2) requires: ▪ The building shall have a centralized heating, ventilation, and air-conditioning (HVAC) system. ▪ The outdoor air intakes for the HVAC system shall face away from the freeway. ▪ The building shall provide air filtration media for outside and return air that provides a minimum efficiency reporting value of 16. ▪ The air filtration media shall be replaced at the manufacturer’s designated interval. ▪ The building shall not have any balconies facing the freeway. Project Consistency. The project site is approximately 0.7 miles (3,700 feet) away from the freeway; therefore, the proposed project is not subject to PRC Section 21080.66(c)(2) criteria. Other Requirements LABOR CODE PRC Section 21080.66(d) includes additional labor requirements for housing development projects, including: ▪ The payment of at least the general prevailing rate of per-diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations, to construction workers employed in the execution of a 100 percent affordable housing development project. ▪ Compliance with the labor standards outlined in Government Code Section 65913.4(a)(8) for buildings over 85 feet in height above grade. 117 PC 12-9-2025 117 of 234 20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1) CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION DECEMBER 2025 19 ▪ Compliance with the labor standards of Government Code Section 65912.130 for projects of 50 units or greater in the city and county of San Francisco, for any construction craft where at least 50 percent of the units in market-rate multifamily housing projects that received their certificate of occupancy between 2022 and 2024, inclusive, were built by workers that were paid not less than the general prevailing rate of per-diem wages. ▪ Extension of Labor Code Section 218.8 to the project applicant in addition to the direct contractor or subcontractor. ▪ Allowance of a joint labor-management cooperation committee to undertake specific actions to court. Project Consistency. The proposed project is not a 100 percent affordable housing development, over 85 feet in height above grade, or in the city or county of San Francisco. The proposed project would comply with the Labor Code and the Business and Professions Code described. ELIGIBILITY FOR MODIFICATIONS OF DEVELOPMENT STANDARDS As stated in PRC Section 21080.66(e), this PRC section does not affect the eligibility of a housing development project for a density bonus, incentives or concessions, waivers, or reductions of development standards, and reduced parking ratios pursuant to Government Code Section 65915. Therefore, the applicability of this statutory exemption does not prohibit the proposed project from requesting the waivers, exception, and reduction described in Section 2.3, Land Use and Zoning Designations. 3.3 CONCLUSION As analyzed in Section 3.1, Public Resources Code Section 21080.66, the proposed project meets the criteria for statutory exemption. 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DATE A.32 DAHLIN GROUP ARCHITECTURE | PLANNING | INTERIORS 20111 & 20085 STEVENS CREEK BLVD CUPERTINO, CA I DIVIDEND HOMES WWW.DAHLINGROUP.COM STEVENS CREEK B O U L E V A R D STREET PERSPECTIVE 1 NOTE: LANDSCAPE SHOWN FOR GRAPHICAL REPRESENTATION ONLY. SEE LANDSCAPE DRAWINGS FOR MORE INFO. 123 PC 12-9-2025 123 of 234 5865 Owens Drive Pleasanton, CA 94588 925-251-7200 297.094 11-14-2025 JOB NO. DATE A.33 DAHLIN GROUP ARCHITECTURE | PLANNING | INTERIORS 20111 & 20085 STEVENS CREEK BLVD CUPERTINO, CA I DIVIDEND HOMES WWW.DAHLINGROUP.COM STEVENS CRE E K B O U L E V A R D STREET PERSPECTIVE 2 NOTE: LANDSCAPE SHOWN FOR GRAPHICAL REPRESENTATION ONLY. SEE LANDSCAPE DRAWINGS FOR MORE INFO. 124 PC 12-9-2025 124 of 234 UP UPUP UP LIM LIN LIN AM AM LS PAC LS LITLIM LIM LIM LIT CC CNCN CN CN CN CN AM LIT LIT CC CC LIT CN CN CN CN AM AM AM CN AM LEP LEP LEPLEP LEPLEP LEP LEP LEP LEP LEP LEP LEP LEP PCH PCH PCH PCH PCH PCHPCH PAC PCH LIT LINLIT PCH LIN PRELIMINARY SITE PLAN C3.0 MATCH LINE, SEE ABOVE MATCH LINE, SEE BELOW 125 PC 12-9-2025 125 of 234 CITY OF CUPERTINO Agenda Item Subject: Consider a new residential development of 32 townhomes, including 6 affordable units, to replace three office buildings on a 1.77-acre site, located mid-block corner on Stevens Creek Boulevard between Randy Lane and Blaney Avenue. (Application No(s): DP-2025-002, ASA-2025- 004, TM-2025-002, TR-2025-002, & U-2025-007; Applicant(s): Dividend Homes; Location: 20045 & 20065 Stevens Creek Blvd. (A.P.N.: 316-23-095, -096) That the Planning Commission adopt the draft resolutions recommending that the City Council: 1. Find the project exempt from the California Environmental Quality Act (CEQA) 2. Approve the following permits: a. Development Permit (DP-2025-002) (Attachment 1); b. Use Permit (U-2025-007) (Attachment 2); c. Architectural & Site Approval Permit (ASA-2025-004) (Attachment 3); d. Tentative Final Map (TM-2025-002) (Attachment 4) e. Tree Removal Permit (TR-2025-002) (Attachment 5) CITY OF CUPERTINO Printed on 12/4/2025Page 1 of 1 126 PC 12-9-2025 126 of 234 PLANNING COMMISSION STAFF REPORT Meeting: December 9, 2025 Subject Consider a new residential development of 32 townhomes, including 6 affordable units, to replace three office buildings on a 1.77-acre site, located mid-block corner on Stevens Creek Boulevard between Randy Lane and Blaney Avenue. (Application No(s): DP-2025- 002, ASA-2025-004, TM-2025-002, TR-2025-002, & U-2025-007; Applicant(s): Dividend Homes; Location: 20045 & 20065 Stevens Creek Blvd. (A.P.N.: 316-23-095, -096) Recommended Actions That the Planning Commission adopt the draft resolutions recommending that the City Council: 1. Find the project exempt from the California Environmental Quality Act (CEQA) 2. Approve the following permits: a. Development Permit (DP-2025-002) (Attachment 1); b. Use Permit (U-2025-007) (Attachment 2); c. Architectural & Site Approval Permit (ASA-2025-004) (Attachment 3); d. Tentative Final Map (TM-2025-002) (Attachment 4) e. Tree Removal Permit (TR-2025-002) (Attachment 5) Discussion Project Data General Plan Land Use Designation Commercial / Office / Residential at a maximum residential density of 25 du/acre* Special Planning Area Heart of the City Specific Plan (Central Stevens Creek Boulevard subarea) Zoning Designation P(CG, Res) Lot Area 1.79 acres (gross), 1.77 acres (net) Allowed/Required Proposed Maximum Density 25 units per acre* 18.1 units per acre Height of Structures Max. 45 feet measured from sidewalk to top of cornice, parapet, or eave line of a peaked roof. 44’-6” 127 PC 12-9-2025 127 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 2 & U-2025-007 Background On February 13, 2025, the City received an application to redevelop the property located at 20045 and 20065 Stevens Creek Blvd. The project site is located within the Central Stevens Creek Boulevard subarea of the Heart of the City (“HOC”) Specific Plan Area. 1 The applicable General Plan can be found online at https://records.cupertino.org/WebLink/DocView.aspx?id=1019620&dbid=0&repo=CityofCupertino&_gl=1 *gufghv*_ga*OTc5OTgwMjc4LjE3NDQ3Mzc0NDM.*_ga_NCY1KGMD5Y*czE3NDkwMDIwNzAkbzY2J GcxJHQxNzQ5MDAyMDgwJGo1MCRsMCRoMA.. 2 The applicable version of the Heart of the City Specific Plan can be found online at https://www.cupertino.gov/files/assets/city/v/1/departments/documents/community - development/planning/land-use-plans/heart-of-the-city-specific.pdf Setbacks Front 35 feet from edge of curb 26 feet from edge of curb (Waiver Requested) Sides One-half height of building (22’-5”) 11 feet (Waiver Requested) Rear One and one-half height of building (64’) 13’ 4” (Waiver Requested) Usable Open Space Common 150 square feet per unit (8,550 square feet) 0 square feet (Waiver Requested) Private 60 square feet per unit and no dimension less than 6 feet Average per unit 316 square feet Project Consistency with: General Plan1 Consistent under SB330 and state density bonus law. Density bonus concession for mixed-use requirement requested. Specific Plan2 Consistent under state density bonus law. Density bonus waivers requested for setbacks, common open space design, and retail requirements. Zoning Consistent under SB330 and state density bonus law. Density bonus waivers requested for lot coverage. * Since the project utilizes the provisions of SB330 (as discussed later in the report) the development standards, regulations and fees applicable at the time of submitting a SB330 preliminary application apply. 128 PC 12-9-2025 128 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 3 & U-2025-007 The 1.77 net-acre property comprising of two parcels is bounded by Stevens Creek Boulevard to the south, retail and commercial uses to the east, and office/commercial uses to the west. The site abuts single- family residences to the north (See Figure 1). Each of the two parcels are currently developed with multi-tenant office buildings. 20065 Stevens Creek Blvd., has an approximately 8,200 square-foot single-story office building, while 20045 Stevens Creek Blvd, has an approximately 17,900 square foot two-story office building. The project site is subject to the development standards of the General Plan, Heart of the City Specific Plan, and Planned Development “P” zoning designation, as they were in February 2025. The “P” zoning designation is detailed in Cupertino Municipal Code Chapter 19.80 Planned Development Zones. The “P” zoning designation is intended to provide a means of guiding land development or redevelopment within the city that is uniquely suited for planned coordination of land uses and land development. Where residential development is proposed on properties in the Planned Development zoning district, and where the Specific Plan does not provide standards or requirements for such development, the proposed project must then adhere to Multifamily (R-3) zoning regulations, as is the case with the proposed project. Principally, the proposed project consists of 32 townhome-style condominiums. Review of the project is limited by several State laws, including the Housing Accountability Act, the Housing Crisis Act (SB330) and Density Bonus Law. Housing Accountability Act The Housing Accountability Act (HAA), codified in California Government Code § 65589.5, prohibits cities from disapproving, or adding conditions of approval that would render infeasible a housing development project unless the proposal is found to be in violation of an objective general plan or zoning standard3 or the project will result in a 3 Unless otherwise waived or reduced through use of the Density Bonus law, discussed further below. Figure 1: Aerial of project site. 129 PC 12-9-2025 129 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 4 & U-2025-007 specific adverse impact to public health and safety. While changes to the project may be applied by the decision-making hearing body to further applicable City goals, policies, and strategies – any changes required by the decision-making hearing body that are not based on objective standards may not result in making the project, as proposed, infeasible, or reduce the number of housing units. As this project consists exclusively of residential units, it is considered a “housing development project” under the HAA. Housing Crisis Act (a.k.a. “SB 330” or “HCA”) Adopted in 2019 under Senate Bill 330, and amended in 2021 by Senate Bill 8, the HCA broadly aims to address actions that would decrease or delay the approval and development of new housing by requiring the timely processing of permits by local agencies. Among many components, the law includes a provision to allow applicants to vest ("lock-in") fees, ordinances, policies, and standards that are in effect at the time of submittal of a SB330 preliminary application to the City. Only the limited information specified in State law is required for the submittal of a SB330 preliminary application. Further, the law prohibits the City from conducting more than five hearings, or meetings, in connection with the review and approval of a housing development project. In summary, the proposed project is governed by a SB330 preliminary application submitted on February 13, 2025, and, in accordance with the requirements of the HCA. The project must be reviewed under the requirements in effect at that time. Density Bonus Law California’s Density Bonus Law (DBL), codified in California Government Code § 65915- 65918, aims to promote and facilitate the creation of affordable units in new housing projects by allowing:  A density "bonus" that allows for an increase to a property’s base density4;  Unlimited waivers to development standards that would physically preclude the construction of the project, as designed5;  Incentives/concessions that modify development standards to achieve an identifiable and actual cost reduction6; and 4 I.e., more market rate units than allowed by the density, as determined by the specific percentage and level of affordability of the affordable units included in a project. 5 I.e., modifications or elimination of any development standard 6 Specified number of incentives/concessions as identified in state law based on the level of affordability and percentage of affordable units 130 PC 12-9-2025 130 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 5 & U-2025-007  Reduced parking standards7. Since 20 percent, or six8 of the proposed 32 town homes, will be affordable to moderate- and median-income households, consistent with the City’s Below Market Rate (BMR) requirements for owner-occupied units, the project is eligible for a density bonus. It is important to note that, while qualifying projects are allowed to increase their density and total number of units proposed, an applicant may elect to only utilize the available waivers, concessions, or the reduced parking standards, without providing additional density bonus units. That is the case with this project. The project includes a request for seven waivers and one concession from applicable standards of the General Plan, HOC, and Zoning Code. These requests are discussed later in this report. Project Proposal The project applicant, Dividend Homes, is proposing a 32-unit townhome-condominium development9. The project consists of ten buildings, all three stories in height, with individual units ranging in size (including garage space) from 2,136 square feet to 2,704 square feet. As required by the City’s Below Market Rate (BMR) Housing Program, six of the units will be allocated as affordable housing units for sale to median - and moderate- income households10. Based on the scope of project, the City requires the following 7 Parking standards identified in state law by project type, proximity of transit facilities, affordability level of the development (or affordable units) and/or number of bedrooms 8 The Project is required to provide 6.4 units (20% of 32 units). Pursuant to the City’s BMR program six units will be provided on the site and the 0.4 fractional unit will be paid in in-lieu fee. 9 Due to limitations of Government Code § 65103.5, the distribution of copyrighted material associated with the review of development projects is limited. Plans have been emailed under separate cover to allow the Commissioners to review the proposed plans. Commissioners and Councilmembers cannot share plans with outside parties, including community members. The public is able to make an appointment with the Planning Division to view these plans at City Hall. 11 While the General Plan requires the development of the property using the Commercial Centers and Mixed-use Village concept, when a residential development is proposed, state law, under SB330 prohibits the City from applying any non-objective standards. The General Plan language describing the Mixed-use Village concept is subjective and, therefore, cannot be applied to the project. In addition, since this project Figure 2 Site Plan. BMR units with “*”. 131 PC 12-9-2025 131 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 6 & U-2025-007 permits: Development Permit, Use Permit, Architectural and Site Approval, Tree Removal Permit and a Vesting Tentative Map. Architecture and Site Design The applicant proposes a “contemporary” style architecture, typified by flat-roofed buildings with rooftop decks and generous window areas. The project’s architecture reflects its more urban, commercial context, which also features flat roofs and a contemporary aesthetic. The use of clean, modern forms and details ensures the development better integrates with the more commercial character of the area. Materials and colors are used to accentuate changes in building plane, which adds visual interest through form-oriented architecture without relying on faux ornamentation. Each unit includes a roof deck providing private outdoor space, with some units also offering private side yards. The project falls within the Central Stevens Creek Boulevard: Flowering Orchard Guidelines as identified in the Heart of the City Specific Plan. Accordingly, the trees selected for the frontage are Flowering Pears, a deciduous tree with a showy fall color. The majority of the trees proposed for the interior of the site are also deciduous, flowering trees. Shrubs, ornamental grasses, vines and groundcovers selected are low to moderate in water use, many of which provide flowers or foliage color. Evergreen shrubs will be used to screen all above ground utilities. Pedestrian walkways will be colored concrete with a stone texture finish. Crosswalks will be delineated with an earth tone color stamped asphalt. This is also used to break up the vehicular access street paving. An arbor is located at the entry of the development from Stevens Creek Boulevard. Vine covered arbors are also placed at the entry to the paseos leading to the residential entries. Benches beneath arbors are located at the ends of the paseo providing quiet spots to relax. Community mailboxes are centrally located with an arbor/screen located to soften the units and provide a central vertical element along the main drive entering the development. A good neighbor board-on-board fence is proposed to provide privacy and security along the east property boundary. Existing walls along the north and west property lines will utilizes the provision of Density Bonus, the developer would have the option to invoke unlimited waivers to propose the 100% residential project, as designed. 132 PC 12-9-2025 132 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 7 & U-2025-007 remain in place. Private back yards are provided for nine of the units. A 6’ horizontal fence will be used to create private back yards between each unit. A fully automated drip irrigation system will be designed to water all new plant material. The system will include rain and soil moisture sensors as well as a wi-fi-enabled controller. Analysis General Plan Compliance The proposed project is of a residential development consistent with the site’s General Plan Land Use Designation of Commercial/Office/Residential.11 The General Plan designation allows a maximum density of 25 dwelling units per acre, which would translate to 44 units for the 1.77-acre site; the General Plan does not specify a minimum density. The proposed 32 units is, therefore, permitted by the General Plan density that was in effect in February 2025, when the SB330 Preliminary Application was submitted, and that General Plan density remains in effect at this time. The City’s General Plan Land Use Element Strategies LU-1.3.1 (1) and LU-15.1.1 require all mixed-use areas with commercial zoning to provide retail space as a substantial component of a project and Land Use Element Strategy LU -1.3.1 (4) requires a Conditional Use Permit to be approved when housing is proposed on non-Housing Element mixed-use sites12. Since the project does not include any retail area, the applicant is requesting a Density Bonus concession to waive the requirement for retail to be a substantial component of a project in this zoning category. They are further requesting a waiver of the 1:1 building slope line from measured from the top of curb to the buildings’ roofline. The concession and waiver request are discussed in further detail in the Density Bonus Section of this Staff Report. A Conditional Use Permit has been included in this review to address the requirements of LU-1.3.1 (4). 11 While the General Plan requires the development of the property using the Commercial Centers and Mixed-use Village concept, when a residential development is proposed, state law, under SB330 prohibits the City from applying any non-objective standards. The General Plan language describing the Mixed-use Village concept is subjective and, therefore, cannot be applied to the project. In addition, since this project utilizes the provision of Density Bonus, the developer would have the option to invoke unlimited waivers to propose the 100% residential project, as designed. 133 PC 12-9-2025 133 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 8 & U-2025-007 Staff has evaluated the project’s consistency with the General Plan and c oncludes that based on conformance with the General Plan Land Use designation for the site, the general alignment of design with General Plan requirements, and the absence of environmental impacts as analyzed in the CEQA Notice of Exemption memo (see Environmental Review section of this Staff Report), the proposed project supports several of relevant General Plan goals, outlined below.  Policy LU-2.2: Pedestrian-Oriented Public Spaces. Require developments to incorporate pedestrian-scaled elements along the street and within the development such as parks, plazas, active uses along the street, active uses, entries, outdoor dining & public art.  Policy LU-3.3: Building Design. Ensure that building layouts and design are compatible with the surrounding environment and enhance the streetscape and pedestrian activity.  Strategy LU-3.3.10: Entrances. In multi-family projects where residential uses may front on streets, require pedestrian-scaled elements such as entries, stoops and porches along the street.  Policy LU-27.2: Relationship to the Street. Ensure that new development in and adjacent to neighborhoods improves the walkability of neighborhoods by providing inviting entries, stoops and porches along the street frontage, compatible building design and reducing visual impacts of garages.  Policy INF 2.4.2 Development. Require undergrounding of all utility lines in new developments and highly encourage undergrounding in remodels or redevelopment of major projects.  Strategy HE-2.3.7: Density Bonus Ordinance. The City will encourage use of density bonuses and incentives, as applicable, for housing developments which include: o At least 10 percent of the housing units in a for -sale common interest development are restricted to moderate income residents. Specific Plan Compliance The site is in the Heart of the City Special Area – Central Stevens Creek Boulevard Subarea. The City’s HOC Specific Plan establishes heights, setbacks, and other development requirements for projects on sites within this area. The proposal includes several density bonus waivers for setbacks, common space, and commercial space 134 PC 12-9-2025 134 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 9 & U-2025-007 requirements from the HOC standards, which are discussed in further detail in the density bonus section of the staff report. The project has incorporated open space and other site design requirements, which, according to staff’s review, are consistent with the remaining applicable requirements of the HOC Specific Plan. Tree Removal and Replacement The proposal includes the removal and replacement of 35 protected development trees within the construction footprint and the removal and replacement of 1 tree within the right-of-way landscape strip. Trees species within the construction footprint include, but are not limited to, Canary Island Pine, Arbutus Marina, Evergreen Pear, and Modesto Ash. None of the impacted trees are native species or identified as protected species in the City’s Municipal Code. An arborist report was prepared for the applicant by Ray Morneau and was peer reviewed by the City’s third-party consultant, West Coast Arborists. The report and peer review concluded that 35 of the trees proposed for removal would be within the construction footprint and could, therefore, not be preserved or otherwise adequately and feasibly protected during construction. The street trees proposed for removal are non-compliant street trees that will be removed and replaced with a species consistent with the requirements of the Heart of the City Specific Plan. The City’s requirements for tree replacement, consistent with Cupertino Municipal Code Section 14.18.160 (A), are as follows: Diameter of Trunk of Removed Tree # of Trees Proposed for Removal Replacement Tree Size Required Replacement Trees Required 12 inches or less 18 One 24" box tree 18(24” box trees) Greater than 12 inches and up to 18 inches 11 Two 24" box trees or One 36" box tree 22 (24” box trees) Greater than 18 inches and up to 36 inches 6 Two 24" box trees or One 36" box tree 6 (36” box trees) Over 36 inches 0 One 36" box tree 0 (36” box trees) Total: 40 (24” box trees) or 46 (24” and 36” box tree mix) 135 PC 12-9-2025 135 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 10 & U-2025-007 The applicant proposes to replace the 35 trees with 46 trees, varying in size between 24- inch box and 36-inch box trees and of various species, consistent with the requirements of the City’s Municipal Code and as shown in the table above. All trees that will be planted on-site will be considered protected, and a condition of approval has been included to require that an agreement be executed to ensure the ongoing preservation, maintenance, and protection of the new trees by future property owners. Vesting Tentative Map The application for the Vesting Tentative Map (VTM) proposes to subdivide the three existing lots to create a condominium subdivision. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city's ordinances, policies, and standards in effect at the date the City determined the application was complete. Use Permit The project proposal requires a Use Permit to allow the development of residential units on a non-Housing Element site.13 Under the regulations in effect at the time of submittal of the SB330 Preliminary Application, the General Plan and Cupertino Municipal Code Chapter 19.80: Planned Development (P) Zones required that a residential development proposed on a site that is not a Priority Housing Site be a conditional use. The applicant proposes building exclusively residential units and is therefore required to obtain Conditional Use Permit approval. Park Land Dedication Under Cupertino Municipal Code Section 13.08.050(A), proposed developments of more than 50 units must provide park land on site and/or pay an in-lieu fee for the required park land dedication. Since the development involves only the development of 32 townhomes, it is subject to only paying an in -lieu of parkland dedication fee. Therefore, the project is conditioned to pay a parkland in-lieu fee. Since the City’s Housing Element and BMR Mitigation Manual offers waiver of parkland in-lieu fees for deed-restricted affordable units, the project is required to only pay the fee ($ 1,404,000) for the 26 proposed market rate units.14 Density Bonus 13 While this is not a current requirement, since this was a requirement at the time of submittal of the applicant’s SB330 Preliminary Application, a Use Permit is required. Neither of the two parcels that are proposed for development were identified as a Priority Housing Site in the 5th Cycle Housing Element. 14 Due to the SB330 nature of the project, the Park Fees payable are those in effect as of February 2025. 136 PC 12-9-2025 136 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 11 & U-2025-007 The project includes 6 below-market rate units or 20% of the total number of units proposed. As required by the City’s BMR Housing Program, three of the units will be allocated as affordable housing units for sale to median-income households (100-120% of Area Median Income) and the other three will be allocated as affordable for sale to moderate-income households (80-100% of Area Median Income). A condition of approval has been included to ensure the recordation of a regulatory agreement with the City, prior to occupancy, requiring the designated BMR units to be for-sale to households at the specified income levels for a 99 year term. Density Bonus and Waiver Requests The project is eligible for Density Bonus waivers and concessions consistent with the City of Cupertino Municipal Code Chapter (CMC) 19.56 Density Bonus and State Density Bonus Law. The project includes requests for six waivers. Section 19.56.070 of the City’s Density Bonus Ordinance (“Findings") requires that, before approving an application which includes a request for a density bonus, waivers, or reduction in parking standards, the decision-making body must determine that the proposal is consistent with State Density Bonus Law by making the following findings15, as applicable: 1. That the housing development is eligible for the density bonus being requested as well as any incentives or concessions, waivers or reductions in parking standards that are requested. 2. That the development standard(s) for which the waiver(s) are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted, if a waiver was not requested. The City may not deny a waiver of a development standard that would physically preclude the construction of the project as it is designed, unless it is found that the waiver or reduction would have a specific, adverse impact upon health or safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or 15 Government Code Section 65915 (d)(4): The city, county, or city and county shall bear the burden of proof for the denial of a requested concession or incentive. 137 PC 12-9-2025 137 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 12 & U-2025-007 would have an adverse impact on any real property that is listed in the California Register of Historical Resources. Parking While the City’s Municipal Code (Chapter 19.124) in February 2024 required townhome projects to provide 2.8 parking spaces per dwelling unit, State Density Bonus Law provides its own parking ratios for qualifying projects. Specifically, the Density Bonus Law allows qualifying projects to provide parking at a ratio of 1 parking space per studio to one-bedroom unit; 1.5 parking spaces per two- or three-bedroom unit; and 2.5 parking spaces per four- or more-bedroom unit. No additional guest spaces are required under Density Bonus law provisions. Unit Type Number of Units Parking Spaces Required under State Density Bonus Parking Spaces Provided Three Bedroom 20 30 40 Four Bedroom 12 30 24 Guest Parking - 5 Total 32 60 69 As proposed by the applicant, each unit will provide two enclosed garage spaces (64 total spaces), with 5 additional spaces for guests, for a total of 69 spaces onsite, when only 60 are required. Waivers Requested As a density bonus project, the applicant may submit to the City proposals for an unlimited number of waivers, or reduction of development standards, that would have the effect of physically precluding the construction of the project as proposed/designed (Government Code Section 65915(e)). It should be noted that under State Density Bonus Law, a city may not deny a proposed project based on the theory that another project, with a similar number of units, might be designed differently and accommodated without waivers of development standards. The project requires seven waivers as follows: 1. Building Bulk (General Plan Community Form Diagram (Figure LU-2)) The General Plan requires that new development maintain the building below a 1:1 slope line drawn from the arterial/boulevard curb line, or lines, except for the Crossroads Area. As this project fronts Stevens Creek Blvd., buildings 1 and 10 138 PC 12-9-2025 138 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 13 & U-2025-007 would have to be within this line. Both buildings are approximately 45-feet tall, and are requesting a setback waiver for a 26-foot setback instead of the 35-foot setback requirement, resulting in a portion of the third floor of the buildings being within the 1:1 slope line area. Compliance with the setback would negatively impact the density and proposed number of units since the townhome buildings would have to be +/- 45-feet behind the curb in order to comply. Doing so would negatively impact the density of the project as proposed, so therefore the project is requesting a waiver from this requirement. 2. Front Setback (HOC Specific Plan Section 1.01.030) The HOC Specific Plan requires that developments have a minimum front setback of 35 feet from the edge of curb, 9 feet from the required Boulevard Landscape Easement, while also allowing for the encroachment of uninhabitable building elements, such as chimneys and eaves, up to four feet into the required setback areas. The following table indicates the required setback and the proposed waiver for the two buildings for which waivers are requested. Building Required Front Setback Proposed Front Setback 1 35’ from curb. 26’ from curb. 3. Side Setbacks (HOC Specific Plan Section 1.01.030) The HOC Specific Plan requires that developments have a minimum side setback of one-half of the height of the building, or ten feet, whichever is greater. It also allows for the encroachment of uninhabitable building elements, such as chimneys and eaves, up to three feet into the required setback areas. The following table indicates the required setback and the proposed waiver for the eight buildings for which waivers are requested: Building Height Required Side Setback Proposed Side Setback 1-3 44’-6” 22’-3” West: 11’ to building face 5 43’-1” 21’-6” East: 20’4” to building face Imposing the side setback requirements would result in the elimination of units, reduced floor areas of units, or a substantial change to the design of the buildings, which is not consistent with the project as proposed by the applicant. 4. Rear Setback (HOC Specific Plan Section 1.01.030) The HOC Specific Plan requires that developments have a minimum rear setback of one-and-one-half of the height of the building, or 20 feet, whichever is greater. 139 PC 12-9-2025 139 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 14 & U-2025-007 It also allows for the encroachment of uninhabitable building elements, such as chimneys and eaves, up to three feet into the required setback areas. The following table indicates the required setback and the proposed waiver for the two buildings for which waivers are requested: Building Height Required Rear Setback Proposed Rear Setback 4 & 5 44’-6” 66’-9” 13’ The applicant states that imposing the rear setback requirement would result in the elimination of units, reduced floor areas of units, or a substantial change to the design of the buildings, which is not consistent with the project as proposed by the applicant. 5. Building Forms (HOC Specific Plan Section 1.01.040) The HOC Specific Plan requires that buildings adjacent to residentially developed parcels be stepped back, or terraced, or have adequate setbacks so that privacy is maintained. It also requires that buildings requiring terracing shall have a 1.5:1 setback to height ratio. The proposal includes four buildings (Buildings 4-7) located adjacent to single-family residentially developed parcels to the north. While the project has been designed to address potential privacy concerns through building orientation and landscape screening, it does not meet the HOC Specific Plan’s required rear setback and is therefore not consistent with this requirement. The applicant has requested a waiver to allow for a reduced rear setback and waiver of requirements for step backs for Buildings 4 & 5. Like the preceding required setback waivers, the applicant states that imposing the building form requirement would result in the elimination of units, reduced floor areas of units, or a substantial change to the design of the buildings, which is not consistent with the project proposed by the applicant. 6. Tandem Garages (CMC Section 19.124.040 (A)) Fifteen of the units are proposing tandem parking where townhomes are required to provide the standard 20 feet by 20 feet parking garage pursuant to the Municipal Code requirements as they were in February 2024. The applicant requests a waiver to the 20-foot by 20-foot parking garage requirement. Imposing the parking space requirement would result in changing the size and design of the buildings, including the potential increase in the project coverage, reduction in open space, or potentially the number of units which is not consistent with the project as proposed by the applicant. 7. Common Open Space (HOC Specific Plan Section 1.01.040) 140 PC 12-9-2025 140 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 15 & U-2025-007 The project is required to provide 150 square feet of common open space per unit (a total of 4,800 square feet for the project). This area must be located outside of all required setbacks. The applicant is requesting a waiver from the Common Open Space requirements. . While the applicant could potentially meet this requirement in a differently designed project, complying with this requirement would negatively affect the density of the project as designed, and the City cannot require the applicant to modify their design. Due to this waiver request, the project applicant also requests waivers from the Common Landscape and Common Hardscape requirements since these requirements would not apply. Concession Requested As a density bonus project with at least 20% of units reserved for sale to moderate-income households16, the applicant may submit to the City requests for up to two concessions. Concessions allow an applicant to deviate from development regulations when such regulations have the potential to make the project economically infeasible to build. The applicant has requested two concessions, as follows: 1. HOC Specific Plan Section 1.01.020 (A) and Section 1.01.020 (B) Section 1.01.020 (B) of the HOC Specific Plan requires that the amount of building space devoted to retail/commercial uses shall have a viable and substantial retail component and Section 1.01.020 (A) requires that “uses that do not involve the direct retailing of goods or services to the general public shall be limited to occupy no more than 25% of the total building frontage along Stevens Creek Boulevard and/or 50% of the rear of the building.” The project, as proposed, is entirely residential and would, therefore, not conform to these requirements. Consistent with the previously discussed General Plan Land Use Element Strategy LU-1.3.1 (1), these standards generally require that retail or commercial uses be provided on site. The applicant is requesting that these two standards be waived using a Density Bonus concession. Complying with this standard would require the applicant to dedicate a significant share of the project to non-residential uses because the intent of the HOC retail/commercial use requirements is to ensure that commercial uses are primary, and residential uses secondary. Redesigning the project to comply with these HOC requirements would reduce the overall number of residential units developable in the project. Consequently, adherence to this 16 The project proposes a mix of moderate- and median-income units, has required by the City’s BMR standards. State law does not specify allowances for median-income units, however, median-income units have a higher income restriction than moderate-income units and are therefore counted towards the moderate-income unit total for the purposes of concession allowances. 141 PC 12-9-2025 141 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 16 & U-2025-007 retail/commercial use requirement physically precludes development of the Project at the proposed density. Compliance with BMR Unit Comparability & Dispersion Requirements The BMR Manual requires that the proposed BMR Units included in a market rate development:  Shall be comparable to market rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction.  Size [i.e., unit floor area] should be generally representative of the unit sizes within the market-rate portion of residential project.  Interior features and finishes in affordable units shall be durable, of good quality and consistent with contemporary standards for new housing. The following table demonstrates the proposed unit mix within the eight buildings by income level, type, and size: Number of Units Number of Bedrooms Average Unit Size BMR Units 2 4 2,656 square feet 1 3 2,493 square feet 3 3 + Tandem Garage 2,136 square feet Market-Rate Units 10 4 2,656 square feet 4 3 2,493 square feet 12 3 + Tandem Garage 2,136 square feet Both the proposed market-rate and BMR units consist of a mix of three-, three +Tandem garage-, and four-bedroom units. The square footages and programming of the market- rate and the BMR units are nearly identical, and the BMR units are dispersed throughout the project. Additionally, there is no indication on the plans that the exterior finishes of the BMR units will be any different from the market rate units. As such, it is expected that they will be of the same quality; however, as allowed in the BMR manual, the affordable units may have different interior finishes. Other Department/Agency Review The City’s Building Division, Public Works Department, Environmental Services Division, Sheriff’s Department, Cupertino Sanitary District, and the Santa Clara County Fire Department have reviewed and conditioned the project. Environmental Review The applicant requested that the development be reviewed in accordance with Assembly Bill (AB) 130, signed into law on June 30, 2025, and codified in Public Resources Code 142 PC 12-9-2025 142 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 17 & U-2025-007 (PRC) Section 21080.66. This law exempts qualifying infill housing development from CEQA review, creating a new statutory exemption. This exemption applies to any required permits, entitlements, or other discretionary approvals for a broad range of housing types. The attached CEQA Exemption Memorandum (Attachment 5) demonstrates that the proposed project meets the requirements of PRC Section 21080.66 and is organized as follows:  Infill Criteria. The project’s consistency with the allowed housing development type defined in PRC Section 21080.66(a), subdivisions (1) through (5) and (8).  Environmental Criteria. The project’s consistency with the individual environmental requirements pursuant to PRC Section 21080.66(a), subdivisions (6) and (7).  Tribal Cultural Resources. The project’s consistency with the tribal notification and outreach requirements pursuant to PRC Section 21080.66(b).  Hazardous Materials. The project’s consistency with the requirements for the identification and treatment of hazardous materials pursuant to PRC Section 21080.66(c).  Other Requirements. The project’s consistency with the Labor Code requirements and eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to PRC Sections 21080.66(d) and (e), respectively. As analyzed in Section 3.1 of the attached CEQA Exemption Memorandum, Public Resources Code Section 21080.66, the proposed project meets the criteria for statutory exemption. Accordingly, this document finds that a Notice of Exemption is appropriate for the proposed project pursuant to CEQA Guidelines Section 15062. Public Outreach and Noticing The following table is a summary of the noticing done for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda  Site Signage (14 days prior to the hearing)  Legal ad placed in newspaper (at least 10 days prior to the hearing)  Public hearing notices were mailed to property owners within 500 feet of the project site (10 days prior to the hearing)  Posted on the City’s official notice bulletin board (five days prior to the hearing)  Posted on the City of Cupertino’s website (five days prior to the hearing) The applicant has completed community outreach to residents and property owners on October 29, 2025 . 143 PC 12-9-2025 143 of 234 DP-2025-002, ASA-2025-004, 20045 &.20065 December 9, 2025 TM-2025-002, TR-2025-005, Stevens Creek Blvd Page 18 & U-2025-007 Public Comment At the time this staff report was published, staff had received one letter from a resident. Please refer to Attachment 6 for full comments. Conclusion Staff recommends approval of the project, as proposed, because the project and its conditions of approval support the findings for approval of the proposed project, consistent with Chapters 14.18, 18.28, 19.56, 19.156, and 19.168 of the Cupertino Municipal Code. With respect to the requested Density Bonus concessions and waivers, evidence in the record demonstrates that the project meets the standards for granting the concessions and waivers under the State Density Bonus Law. Next Steps The Planning Commission’s recommendation will be forwarded to the City Council for its decision on the project. The City Council’s decision will be final unless reconsidered by the Council within 10 days of their decision. If the project is approved, the applicant may apply for building permits at that time. Prepared by: Gian Paolo Martire, Senior Planner Reviewed by: Piu Ghosh, Planning Manager Approved by: Luke Connolly, Assistant Director of Community Development ATTACHMENTS: 1– Draft Resolution for DP-2025-002 2 - Draft Resolution for U-2025-007 3 – Draft Resolution for ASA-2025-004 4 – Draft Resolution for TM-2025-002 5 - Draft Resolution for TR-2025-002 5 – CEQA Exemption Memorandum 6 – Public Comment 7 – Project Site Plan and Renderings 144 PC 12-9-2025 144 of 234 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2025-XX OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A DEVELOPMENT PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 32 TOWNHOMES, INCLUDING 6 AFFORDABLE UNITS, TO REPLACE THREE OFFICE BUILDINGS ON A 1.77- ACRE SITE, LOCATED MID-BLOCK CORNER ON STEVENS CREEK BOULEVARD BETWEEN RANDY LANE AND BLANEY AVENUE LOCATED AT 20045 & 20065 STEVENS CREEK BLVD. (A.P.N.: 316-23-095, -096) The Planning Commission recommends that the City Council approve the Development Permit, in substantially similar form to the Draft Resolution attached hereto as Exhibit DP. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 9th day of December 2025, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: _______ Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 145 PC 12-9-2025 145 of 234 EXHIBIT DP RESOLUTION NO. _________ OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A DEVELOPMENT PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 32 TOWNHOMES, INCLUDING 6 AFFORDABLE UNITS, TO REPLACE THREE OFFICE BUILDINGS ON A 1.77-ACRE SITE, LOCATED MID- BLOCK CORNER ON STEVENS CREEK BOULEVARD BETWEEN RANDY LANE AND BLANEY AVENUE LOCATED 20045 & 20065 STEVENS CREEK BLVD. (A.P.N.: 316-23-095, -096) SECTION I: PROJECT DESCRIPTION Application No.: DP-2025-002 Applicant: Dividend Homes Property Owner: Arbor Group Investment LLC Location: 20045 & 20065 Stevens Creek Blvd. (A.P.N.: 316-23-095, -096) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: WHEREAS, the City of Cupertino received an application for a Development Permit as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Infill Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on December 9, 2025 the Planning Commission recommended on a X-X vote that the City Council approve the Development Permit (DP-2025-002) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Use Permit (U-2025-007) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2025-004) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Vesting Tentative Map (TM-2025-002), in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Tree Removal Permit (TR-2025-002), in substantially similar form to the Resolution presented (Resolution No. XXXX); and 146 PC 12-9-2025 146 of 234 WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit.; and WHEREAS, the City Council finds as follows with regard to this application: 1. The proposed development, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with adjoining land uses, as well as providing landscaping along the building frontages to help mitigate potential massing impacts and compatible with the existing streetscape. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code. Chapter 17.04. The project must meet all Fire and Bui lding Code requirements, which will be further reviewed prior to issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to public health, safety, general welfare, or convenience. 2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). TheSB330 Preliminary Application was submitted for this project in February 2025, locking in the development standards in effect at that time. The General Plan land use designation for the property was Commercial/Office/Residential with a maximum residential density of 25 dwelling units per acre. The residential use at the proposed 18.1 dwelling units per acre is consistent with the General Plan in terms of density pursuant to state law. The applicant is requesting waivers for the development of this site to allow exclusively residential uses, setbacks, lot coverage, and common open space design, as required by the Heart of the City Specific Plan’s and the City’s Municipal Code standards. The proposed development has met all other applicable development standards of the Heart of the City Specific Plan. The project is further conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In addition, the proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the 147 PC 12-9-2025 147 of 234 proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66, as further documented in the memorandum prepared by the City’s environmental consultant, PlaceWorks. These include the meeting the standards for infill, environmental criteria, hazardous materials, tribal consultation, and labor code requirements. Therefore, the proposed development will be located and conducted in accordance with the General Plan and underlying zoning regulations and complies with the California Environmental Quality Act (CEQA). The applicant has requested a density bonus. Pursuant to Cupertino Municipal Code Section 19.56.070, before approving an application that includes a request for density bonus, incentive, parking reduction and/or waiver, the decision-making body shall make the following findings, as applicable: a. A finding that the residential project is eligible for the density b onus and any incentives, parking reductions or waivers requested. The project includes 6 Below Market Rate (BMR) units or 20% of the total number of units proposed. Three of the six BMR units will be affordable to median-income households (100- 120% of Area Median Income) and the other three will be affordable to moderate-income households (80-100% of Area Median Income) in compliance with the City’s BMR Program. As a density bonus project with at least 20% of units reserved for sale to moderate-income households as defined by state law (80-120% of Area Median Income), the applicant may request up to two concessions and an unlimited number of waivers. b. A finding that any requested incentive will result in identifiable, financially sufficient, and actual cost based on the financial analysis and documentation provided. The developer has requested a concession that the project will be 100% residential. The development of dedicated retail, office or other commercial space would incur a financial loss for the project, and eliminating the dedicated retail, office or other commercial space would result in identifiable and actual cost reductions to provide for affordable housing costs. c. If the density bonus is based all or in part on donation of land, a finding that al l requirements included Section 19.56.030C have been met. No density bonus is proposed; therefore, the finding is not applicable. d. If the density bonus is based all or in part on the inclusion of a childcare facility, a finding that all requirements included in Section 19.56.030 (D) have been met. No density bonus is proposed; therefore, the finding is not applicable. 148 PC 12-9-2025 148 of 234 e. If the density bonus or incentive is based on a condominium conversion, a finding that all the requirements included in Section 19.56.030 (E) have been met. No density bonus is proposed; therefore, the finding is not applicable. f. If the incentive includes mixed-use development, a finding that all requirements including in Section 19.56.40 (B) (2) have been met. The project is not a mixed-use development; therefore, the finding is not applicable. g. If a waiver is requested, a finding that the development standards for which the waivers are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted. The development standards height, setbacks, common area, and tandem parking requirements would physically preclude the development as proposed. These development standard limitations could affect the project by the loss of units or unit sizes, which may include those designated as affordable. h. If a reduction in off-street parking standards for an eligible housing development is requested. No reduction in off-street parking requirements is being requested; therefore, the finding is not applicable. 3. Since the applicable findings required above can be made, the decision-making body may deny an application for a waiver only if one of the following written findings as applicable to each type of application, supported by substantial evidence: a. That the incentive or concession, or waiver would have an adverse impact on real property listed in the California Register of Historic Resources; or No property listed in the California Register of Historic Resources is within the project vicinity. b. That the incentive or concession, or waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the residential project unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or 149 PC 12-9-2025 149 of 234 Both the Fire and Building departments have preliminarily reviewed the plans and not found conditions proposed which would create a “specific, adverse impact.” In addition, the project is conditioned to ensure compliance with both Fire and Building Code, prior to issuance of building permits. The project is also conditioned to comply with the Environmental Protection Standards of the Cupertino Municipal Code Chapter 17.04. In addition, the proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(as further documented in the memorandum prepared by the City’s environmental consultant, PlaceWorks. Therefore, the proposed development, incorporating the proposed concessions and waivers, is not expected to have a specific, adverse impact upon public health or safety or the physical environment. c. That the incentive or concession, or waiver is contrary to state or federal law. The requested concessions and waivers are not contrary to state or federal law. 4. When a project complies with objective standards, the HAA allows a city to disapprove the project or to impose a condition that the project be developed at a lower density only if the city finds both of the following, supported by a preponderance of the evidence in the record: a. The project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density; and b. No feasible method to satisfactorily mitigate or avoid the adverse impact exists. The project, as proposed, meets all applicable objective zoning, General Plan, and subdivision standards. Based on the record, including the findings in the Notice of Exemption, staff does not believe the above findings can be made with respect to the proposed project. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 5 thereof, and those contained in all other Resolutions approved for this Project, the City Council hereby approves the application for a Development Permit, Application No. DP-2025-002; and That the sub-conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 150 PC 12-9-2025 150 of 234 no. DP-2025-002 as set forth in the Minutes of the City Council Meeting of January 21, 2026 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled “20045 & 20065 Stevens Creek Blvd., Cupertino, CA, Dividend Homes” dated August 15, 2025 consisting of 65 sheets labeled as, A.1– A.33, TM1.0, C2.0 – C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0, drawn by Dahlin, BKF, and Michael Arnone & Associates., except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. U-2025-007, TM-2025-002, TR-2025- 005, and ASA-2025-004, shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies about the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 6. DEVELOPMENT APPROVAL The project is granted approval to construct 32 townhomes, subject to affordability requirements of Condition #7, with 69 parking spaces throughout the development. 151 PC 12-9-2025 151 of 234 7. AFFORDABLE UNITS The project shall include 3 units affordable to median-income households and 3 units affordable to moderate-income households as determined by the City’s BMR Mitigation Manual. 8. DENSITY BONUS WAIVERS AND CONCESSIONS As allowed through the state’s Density Bonus law, the project is granted waivers and a concession as follows: a. Concession to address General Plan and Heart of the City requirements for mixed-use development on the property; b. Waiver for a portion of the front building to be within the 1:1 slope line; c. Waivers for reduced rear, and side setbacks; d. Waiver of the requirement for Building Forms (terracing) of buildings facing the single-family residential neighborhood along the north property line; e. Waiver to have tandem garages in certain units. f. Waiver to increase the maximum lot coverage; g. Waiver to deviate from the common Open Space requirement. 9. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the approved plans and with the City’s Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code. 10. BMR UNIT DESIGN REQUIREMENTS Prior to building permit issuance, the Applicant shall detail how the following requirements are met: a. The BMR units shall be comparable to market-rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction. b. The BMR unit size should generally be representative of the unit sizes within the market-rate portion of the residential project. c. Interior features and finishes in the affordable units shall be durable, of good quality and consistent with the contemporary standards of new housing. 11. BMR AGREEMENT Prior to the recordation of a final map or issuance of any building permit, an affordable housing agreement shall be recorded against the property. The affordable housing agreement shall include, but not be limited to the following, in compliance with the BMR Housing Mitigation Manual: a. Total number of BMR units, type, location (site map), square footage, number of bedrooms, and construction scheduling of market-rate and BMR units; 152 PC 12-9-2025 152 of 234 b. Provisions to ensure concurrent construction and completion of BMR units and market-rate units; c. Affordability levels for each BMR unit; d. Prices for BMR units as provided for in the BMR mitigation manual; e. Provisions for income certification and screening of potential occupants of BMR units; f. Restriction control mechanisms; g. Financing of ongoing administrative and monitoring costs; h. Other reasonably required provisions to implement the Affordable Housing Plan. 12. BMR UNIT TERMS OF AFFORDABILITY Prior to occupancy, the proposed project shall record covenants that require the units to be sold at prices that are affordable to moderate and median levels for a period not less than 99 years from the date of first occupancy of the unit. 13. PUBLIC ART REQUIREMENT Public art shall be provided for the project in accordance with General Plan Policy 2 - 66 and the City’s Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal Code). The minimum expenditure for the artwork, including, but not limited to design, fabrication, and installation is one (1) percent of the construction valuation for the first $100 million on construction valuation, or 0.9% of construction valuation for valuation in excess of $100 million. The project pro forma shall be provided to the City to confirm the project budget. The public art plans (including location and design) shall be reviewed by the Fine Arts Commission during the building permit stage, in advance of final occupancy. Once approved by the Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy. In the event the developer or property owner determines that the placement of artwork on a particular property may not be feasible, the developer or property owner may apply to the City for an in-lieu payment alternative as indicated in Chapter 19.148 of the Cupertino Municipal Code, subject to review of the Fine Arts Commission and the City Council. The in lieu payment shall be 1.25% of the construction valuation. 14. PUBLIC ART MAINTENANCE REQUIREMENT In accordance with the requirements of Municipal Code Chapter 19.128, the property owner shall maintain approved public artwork in good condition continuously after its installation, as determined appropriate by the City. Maintenance shall include all related landscaping, lighting, and upkeep, including the identification plaque. Artwork required or approved cannot be removed, except for required maintenance or repair, unless approved by the City; at which time the City may require 153 PC 12-9-2025 153 of 234 replacement or relocation of the artwork. In the event that the artwork is relocated in the public right-of-way, a maintenance agreement with the City shall be required. 15. NOISE LEVELS AND ABATEMENT Project uses and all equipment installed on the site shall comply with the City’s Community Noise Control Ordinance at all times. Installation of any mechanical or other equipment shall be evaluated to determine that the installation meets the City’s Community Noise Control Ordinance. Any documentation or studies required to determine this shall be provided by the applicant as his/her sole expense. Should the project exceed any of the stipulated maximum noise levels outlined in the City’s Community Noise Control Ordinance, an acoustical engineer may be required to submit noise attenuation measures to the satisfaction of the Director of Community Development at the applicant’s expense. 16. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to occupancy. 17. FUGITIVE DUST CONTROL Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District’s Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction. 18. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT Prior to issuance of the first building permit, the Applicant shall include a note on all plans where paint specifications or other design specifications are listed, that the project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or less) for interior and exterior wall architectural coatings. 19. AVOID NESTING BIRDS DURING CONSTRUCTION Prior to issuance of any demolition, grading and building permit, indicate the following on all construction plans: a. Demolition, construction, ground-disturbing, and tree removal/pruning activities shall be scheduled to be completed prior to nesting season (February 1 through August 31), if feasible. 154 PC 12-9-2025 154 of 234 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 pro perty 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. iii. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, ground- disturbing or tree removal/pruning activities, no further mitigating a ction is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds. iv. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within 155 PC 12-9-2025 155 of 234 an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. v. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her designee, through the appropriate permit review process (e.g., demolition, construction, tree removal, etc.), and be completed to the satisfaction of the Community Development Director prior to the start of demol ition, construction, ground- disturbing, or tree removal/pruning activities. 20. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES Prior to the issuance of any demolition, grading or building permit involving soil disturbance, the project applicant shall provide written verification, including the materials provided to contractors and construction crews, to the City confirming that contractors and construction crews have been notified of basic archaeological site indicators, the potential for discovery of archaeological resources, laws pertaining to these resources, and procedures for protecting these resources as follows: a. Basic archaeological site indicators that may include, but are not limited to, darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials, either human or animal. b. The potential for undiscovered archaeological resources or tribal cultural resources on site. c. The laws protecting these resources and associated penalties, including, but not limited to, the Native American Graves Protection and Repatriation Act of 1990, Public Resources Code Section 5097, and California Health and Safety Code Section 7050 and Section 7052. 156 PC 12-9-2025 156 of 234 d. The protection procedures to follow should construction crews discover cultural resources during project-related earthwork, include the following: i. All soil disturbing work within 25 feet of the find shall cease. ii. The project applicant shall retain a qualified archaeologist to provide and implement a plan for survey, subsurface investigation, as needed, to define the deposit, and assessment of the remainder of the site within the project area to determine whether the resource is significant and would be affected by the project. iii. Any potential archaeological or tribal cultural resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation forms by a qualified archaeologist. If 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. 21. HUMAN REMAINS AND NATIVE AMERICAN BURIALS Prior to issuance of the any demolition, grading and building permits that involve soil disturbance, include on plans a note that, during project construction, the project applicant shall comply with California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.98. a. In the event of discovering human remains during 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. 157 PC 12-9-2025 157 of 234 If the Most Likely Descendant does not make recommendations within 48 hours after being allowed access to the project site, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance and provide documentation about this determination and the location of the remains to the NAHC and the City of Cupertino. Alternatively, if the owner does not accept the Most Likely Descendant’s recommendations, the owner or the descendent may request mediation by the NAHC. Construction shall halt until the mediation has concluded. 22. NOISE AND VIBRATION NOTICE At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall send notices of the planned activity by first class mail as follows: a. For projects on sites that are more than 0.5 acres or four or more residential units the notices shall be sent to off-site businesses and residents within 500 feet of the project site; b. For projects on sites between 0.25 to 0.5 acres, or two or three residential u nits (not including Accessory Dwelling Units) notices shall be sent to off-site businesses and residents within 250 feet of the project site; or c. For projects on sites less than 0.25 acres or one residential unit, the notices shall be sent to off-site businesses and residents within 100 feet of the project site. The notification shall include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration. The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. The City will provide mailing addresses for the Applicant’s use. The project applicant shall provide the City with evidence of mailing of the notice, upon request. If pile driving, see additional noticing requirements below. 23. NOISE DURING CONSTRUCTION Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity: a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the applicable construction 158 PC 12-9-2025 158 of 234 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 s tart 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. 24. EXCESSIVE NOISE AND VIBRATIONS Per General Plan Policy HS-8.3, construction contractors shall use the best available technology to minimize excessive noise and vibration from construction equipment such as pile drivers, jack hammers, and vibratory rollers during construction. 25. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN A demolition and construction management plan shall be submitted and reviewed prior to building permit issuance. Prior to commencement of construction activities, the applicant shall arrange for a pre-construction meeting with the pertinent departments (Building, Planning, and Public Works) to review the prepared construction management plan, to ensure that construction complies with the conditions of approval, staging of construction equipment is appropriate, tree protection measures are in place, public access routes are identified, and noise and dust control measures are established. The plan shall include but not be limited to the following: a. Appropriate construction staging area 159 PC 12-9-2025 159 of 234 b. Hours of construction c. Compliance with the City noise ordinance d. Best management practices e. Staging of construction equipment shall not occur within ___ feet of any residential property. f. Any other measures as determined to be appropriate by the Director of Community Development 26. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS The applicant shall indicate compliance with the following grading and construction hours and noise limit requirements on all demolition, construction and grading permits, and in the construction management plan(s), unless otherwise indicated. a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Nighttime construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. 27. GREEN BUILDING The project shall be constructed in accordance with the City’s Green Building Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall obtain LEED Silver certification or an alternative reference standard in accorda nce 160 PC 12-9-2025 160 of 234 with the ordinance since greater than nine multi-family residences are proposed. Third party LEED certification or alternative reference standard is required per the ordinance criteria. 28. BUILDING AND FIRE CODE The applicant shall apply for and obtain building permits to allow the construction of the approved project. The applicant shall provide information and plans to allow the Building Official and the Fire Marshall or their designee that the proposed plans comply with Building and Fire Codes in effect at the time of application for a building permit. 29. PROPERTY OWNERS’ ASSOCIATION A Property Owner’s Association shall be formed to maintain the common areas of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the City Attorney and the Director of Community Development prior to recordation. The following terms shall be incorporated into the Association’s Conditions, Covenants and Restrictions:  The members/board shall meet at a minimum of once/year  The Association dues shall cover: o Maintenance of common area on the property in compliance with the approved project conditions of approval, including hardscaping, parking, landscaping and accessory facilities and amenities, such as trash bins/areas, common amenity areas, tree grates, outside trash bins, fences, etc, o Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement as necessary to ensure that the property is maintained. o Permits, including tree removal permits, required for maintenance and repair of facilities in the common areas  Any changes to the exterior of the development must be reviewed by the Property Owner’s Association and changes must be considered in the context of the development as a whole, and not on a unit-by-unit basis.  CC&R’s shall ensure that private open space is kept tidy and free of clutter and visual blight.  Any changes to the CC&R’s must be reviewed and approved by the City  Disbanding of the Association shall require an amendment to this permit to be reviewed and approved by the original approval authority. 30. TRASH AND DELIVERY ACTIVITIES A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall specify locations of trash facilities, refuse pick up schedules and truck 161 PC 12-9-2025 161 of 234 delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 31. NOISE LEVELS AND ABATEMENT Project uses and all equipment installed on the site shall comply with the City’s Community Noise Control Ordinance at all times. Installation of any mechanical or other equipment shall be evaluated to determine that the installation meets the City’s Community Noise Control Ordinance. Any documentation or studies required to determine this shall be provided by the applicant as his/her sole expense. Should the project exceed any of the stipulated maximum noise levels outlined in the City’s Community Noise Control Ordinance, an acoustical engineer may be required to submit noise attenuation measures to the satisfaction of the Director of Community Development at the applicant’s expense. 32. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the pr oject. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 162 PC 12-9-2025 162 of 234 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 33. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 34. STREET IMPROVEMENTS & DEDICATION Roadway dedication in fee title and street improvements along the project frontage will be required to the satisfaction of the Director of Public Works. Street improvements, grading and drainage plans must be completed and approved prior to Final map approval. Street improvements may include, but not be limited to, new detached sidewalk, driveways, curb and gutter, utility laterals, stormwater treatment facilities, and street tree installations. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. 163 PC 12-9-2025 163 of 234 Additional comments will be provided and shall be incorporated prior to Final Map approval. 35. ACCEPTANCE OF PROPERTY RIGHTS The Public Works Director, or his/her designee, shall have the authority to accept all offers of dedications, easements, quitclaims and other property rights and interests on behalf of the City. 36. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the Director of Public Works. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. 37. PEDESTRIAN AND BICYCLE IMPROVEMENTS Developer shall provide pedestrian and bicycle related improvements (e.g. walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Plan, and as approved by the Director of Public Works. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. 38. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the Director of Public Works. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 39. GRADING Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 40. DRAINAGE Drainage shall be provided to the satisfaction of the Director of Public Works. Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface 164 PC 12-9-2025 164 of 234 storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. All storm drain inlets shall be clearly marked with the words “No Dumping – Flows to Creek” using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division. Additional comments will be provided and shall be incorporated prior to Final Map approval. 41. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 5,000 S.F. or more of impervious surface, collectively over the entire project site. The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works. The developer must include the use and maintenance of site d esign, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan and a Storm Water Facilities Operation, Maintenance and Easement Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. If the Project is subject to CC&R and Homeowners Associa tion (HOA), CC&R must also include languages pertaining to the stormwater treatment measures. 42. SUBDIVISION IMPROVEMENT AGREEMENT The project developer shall enter into a Subdivision Improvement Agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, transportation impact fees, park dedication fees and fees for under grounding of utilities. Said agreement and fees shall be executed and paid prior to Final map approval. Fees: 165 PC 12-9-2025 165 of 234 Checking & Inspection Fees: Per current fee schedule ($5,655 or 5% of improvement costs) Grading Permit: Per current fee schedule ($4,891 or 6% of improvement costs) Final Map Fee: Per current fee schedule ($13,687) Storm Drainage Fee: Per current fee schedule ($4,584 per AC + $347 per unit) Transportation Impact Fee: Per current fee schedule: ($4,215 per unit) Encroachment Permit Fee: Per current fee schedule ($3,551 or 5% of improvement costs) Park Fees: Per current fee schedule: $54,000 per unit ($1,404,000 based on 26 new units, 6 BMR units waived) Storm Management Plan Fee: Per current fee schedule ($2,217) Street Tree Fee: By Developer or Per current fee schedule: $513 per tree Developer Contribution: $75,000 (Stevens Creek Blvd Class IV Separated Bike Lane frontage improvements) Bonds: a. Encroachment Bond: 100% of Off-site Improvements b. On-site Grading Bond: 100% of site improvements c. On-site Grading Bond: 100% of site improvements. The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 43. FINAL MAP A final map will be subject to City Council approval and shall be recorded prior to issuance of building permits. Existing buildings must be demolished prior to recordation of the final map as building(s) cannot straddle between lot lines. 44. TRANSPORTATION The Project is subject to the payment of Transportation Impact Fees under City’s Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal Code). 166 PC 12-9-2025 166 of 234 Project is also subject to Vehicle Miles Traveled (VMT) analysis as part of environmental reviews per Chapter 17 of the Cupertino Municipal Code. Project shall provide mitigation measure as results of the transportation analysis. 45. PARKS The residential units are subject to the payment of parkland fees in-lieu of parkland dedication per Chapter 13.08 and Chapter 18.24 of the Cupertino Municipal Code. The Below Market Rate (BMR) program manual, which was last amended by City Council on May 19, 2020 per Resolution 20-055, authorizes the waiver of park fees for BMR units. Pursuant to Resolution 20-055, parkland dedication in-lieu fees for the 6 BMR units proposed for this project are hereby waived. 46. SURVEYS A Boundary Survey and a horizontal control plan will be required for all new construction to ensure the proposed building will be set based on the boundary survey and setback requirements. 47. TRASH, RECYCLING AND COMPOST ENCLOSURES Trash enclosure plans must be designed in accordance with the City’s “Public Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is required prior to obtaining a building permit. (CMC 9.18.210 H & K) Applicant shall enter into an agreement with the City that indemnifies and holds harmless both the City and the refuse and recycling collection company (Recology) from and against any harm, damage or maintenance that may occur or become necessary to onsite paving stone driveway surfaces. 48. OPERATIONS & MAINTENANCE AGREEMENT Developer shall enter into an Operations & Maintenance Agreement with the City prior to Final Map approval. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include, but is not limited to, landscaping, street trees, sidewalk, pavers, and street lights. 49. UNDERGROUND UTILITIES Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer shall submit detailed plans showing utility 167 PC 12-9-2025 167 of 234 underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. 50. TRANSFORMERS & CABINETS Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area. 51. WATER BACKFLOW PREVENTERS Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed outside of the public right of way and away from sit e driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company. 52. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 53. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 54. EROSION CONTROL PLAN Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 55. WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 56. TRAFFIC CONTROL PLAN 168 PC 12-9-2025 168 of 234 The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 57. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the Director of Public Works and shall be of a type approved by the City in accordance with Ordinance No. 125. 58. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 59. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Prevente rs, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant). 60. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 61. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers prior to Final Map approval. 62. DEDICATION OF UNDERGROUND WATER RIGHTS Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley. 63. SANITARY DISTRICT A letter of clearance or sign off of street improvement plans for the project shall be obtained from the Cupertino Sanitary District prior to Final Map approval. 169 PC 12-9-2025 169 of 234 64. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to Final Map approval. SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 65. INSTALLERS AGREEMENT The property owner shall enter into an Installer’s Agreement with the District for the construction of the proposed sewer infrastructure prior to issuance of Building Permits. 66. PAYMENT OF FEES The property owner shall pay all required New Lateral, Sewer Development, Treatment Plant Capacity, plan check, and permit fees to the District prior to issuance of Building Permits. 67. PLANS The property owner shall provide Utility Plan and Profile sheets and shall provide Plat & Legal description of the Public Sanitary Sewer Easement for District’s Review. Building Permit approval will be pending allowable system capacity at the time of review. 68. PROPERTY LINE CLEANOUT Each Unit will need its own separate Property Line Cleanout on the laterals. Also, please ensure 10’ horizontal separation between sewer and water service lines. SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 69. AERIAL ACCESS REQUIRED Where the Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater (CFC Appendix D as amended by SCCFD). 170 PC 12-9-2025 170 of 234 70. FIRE AERIAL APPARATUS TURNAROUND REQUIRED Installations shall conform with 2022 CA Fire Code Appendix D as amended by SCCFD. CFC Sec. 503. 71. GROUND LADDER / EMERGENCY RESCUE OPENINGS Ground ladder and emergency rescue openings shall be required. Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. Climbing angle of seventy-five degrees shall be demonstrated on the plans and maintained. Landscaping shall not be allowed to interfere with the required access (CFC Sec. 503 and 1031 NFPA 1932 Sec. 5.1.8 through 5.1.9.2). 72. FIRE APPARATUS ROADWAY REQUIRED Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. 73. FIRE HYDRANT AND REQUIRED FIRE FLOW The Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets and shall be within 400 feet of the structure (CFC Sec. 507 App. B and App. C). 74. FIRE DEPARTMENT CONNECTION REQUIRED The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. [SCCFD, SP-2 Standard]. 75. FIRE LANE IDENTIFICATION The minimum clear width of fire department access roads shall be 20 feet. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of January, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: 171 PC 12-9-2025 171 of 234 SIGNED: ________ Liang-Fang Chao, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 172 PC 12-9-2025 172 of 234 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2025-XX OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 32 TOWNHOMES, INCLUDING 6 AFFORDABLE UNITS, TO REPLACE THREE OFFICE BUILDINGS ON A 1.77-ACRE SITE, LOCATED MID-BLOCK CORNER ON STEVENS CREEK BOULEVARD BETWEEN RANDY LANE AND BLANEY AVENUE LOCATED 20045 & 20065 STEVENS CREEK BLVD. (A.P.N.: 316-23-095, - 096) The Planning Commission recommends that the City Council approve the Use Permit, in substantially similar form to the Draft Resolution attached hereto as Exhibit U. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 9th day of December 2025, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Luke Connolly Santosh Rao Assistant Director of Community Development Chair, Planning Commission 173 PC 12-9-2025 173 of 234 EXHIBIT U RESOLUTION NO. _________ OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 32 TOWNHOMES, INCLUDING 6 AFFORDABLE UNITS, TO REPLACE THREE OFFICE BUILDINGS ON A 1.77-ACRE SITE, LOCATED MID-BLOCK CORNER ON STEVENS CREEK BOULEVARD BETWEEN RANDY LANE AND BLANEY AVENUE LOCATED 20045 & 20065 STEVENS CREEK BLVD. (A.P.N.: 316-23-095, - 096) SECTION I: PROJECT DESCRIPTION Application No.: U-2025-007 Applicant: Dividend Homes Property Owner: Arbor Group Investment LLC Location: 20045 & 20065 Stevens Creek Blvd. (A.P.N.: 316-23-095, -096) SECTION II: FINDINGS FOR A USE PERMIT: WHEREAS, the City of Cupertino received an application for a Use Permit as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Infill Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on December 9, 2025 the Planning Commission recommended on a X-X vote that the City Council approve the Development Permit (DP-2025-002) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Use Permit (U-2025-007) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2025-004) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Vesting Tentative Map (TM-2025-002), in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Tree Removal Permit (TR-2025-002), in substantially similar form to the Resolution presented (Resolution No. XXXX); and WHEREAS, all necessary public notices having been given as required by 174 PC 12-9-2025 174 of 234 EXHIBIT U the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Use Permit; and WHEREAS, the City Council finds as follows with regard to this application: 1. The proposed development, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with adjoining land uses, as well as providing landscaping along the building frontages to help mitigate potential massing impacts and compatible with the existing streetscape. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code. Chapter 17.04. The project must meet all Fire and Building Code requirements, which will be further reviewed prior to issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to public health, safety, general welfare, or convenience. 2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). A SB330 Preliminary Application was submitted for this project in February 2025, locking in the development standards in effect at that time. The General Plan land use designation for the property was Commercial/Office/Residential with a maximum residential density of 25 dwelling units per acre. The residential use at the proposed 18.1 dwelling units per acre is consistent with the General Plan in terms of density pursuant to state law. The applicant is requesting waivers for the development of this site to allow exclusively residential uses, setbacks, lot coverage, and common open space design, as required by the Heart of the City Specific Plan’s and the City’s Municipal Code standards. The proposed development has met all other applicable development standards of the Heart of the City Specific Plan. The project is further conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In addition, the proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66[MW1.1], as further documented in the memorandum prepared by the City’s 175 PC 12-9-2025 175 of 234 EXHIBIT U environmental consultant, PlaceWorks. These include meeting the standards for infill, environmental criteria, hazardous materials, tribal consultation, and labor code requirements. Therefore, the proposed development will be located and conducted in accordance with the General Plan and underlying zoning regulations and complies with the California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 4 thereof, and those contained in all other Resolutions approved for this Project. The application for a Use Permit, Application No. U-2025-007, is hereby approved, and that the conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. U -2025- 007 as set forth in the Minutes of the City Council Meeting of January 21, 2026 Meeting, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled “20045 & 20065 Stevens Creek Blvd., Cupertino, CA, Dividend Homes” dated August 15, 2025 consisting of 65 sheets labeled as, A.1– A.33, TM1.0, C2.0 – C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0, drawn by Dahlin, BKF, and Michael Arnone & Associates., except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2025-002, TM-2025-002, TR- 2025-005, and ASA-2025-004, shall be applicable to this approval. 176 PC 12-9-2025 176 of 234 EXHIBIT U 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. USE APPROVAL AND PROJECT AMENDMENTS Approval is hereby granted to allow a residential use in a Planned Development zone that was not allocated units as a Priority Housing Site at the time of Preliminary Application submission under the Housing Crisis Act. The Planning Commission shall review amendments to the project considered major by the Director of Community Development. 6. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with ot her departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 7. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such att orneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs 177 PC 12-9-2025 177 of 234 EXHIBIT U awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of January, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ ________________________ 178 PC 12-9-2025 178 of 234 EXHIBIT U Liang-Fang Chao, Mayor City of Cupertino Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 179 PC 12-9-2025 179 of 234 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2025-___ OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 32 TOWNHOMES, INCLUDING 6 AFFORDABLE UNITS, TO REPLACE THREE OFFICE BUILDINGS ON A 1.77-ACRE SITE, LOCATED MID-BLOCK CORNER ON STEVENS CREEK BOULEVARD BETWEEN RANDY LANE AND BLANEY AVENUE LOCATED 20045 & 20065 STEVENS CREEK BLVD. (A.P.N.: 316-23-095, - 096) The Planning Commission recommends that the City Council approve the Architectural and Site Approval, in substantially similar form to the Draft Resolution attached hereto as Exhibit ASA: PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 9th day of December 2025, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 180 PC 12-9-2025 180 of 234 EXHIBIT ASA RESOLUTION NO. _________ OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 32 TOWNHOMES, INCLUDING 6 AFFORDABLE UNITS, TO REPLACE THREE OFFICE BUILDINGS ON A 1.77- ACRE SITE, LOCATED MID-BLOCK CORNER ON STEVENS CREEK BOULEVARD BETWEEN RANDY LANE AND BLANEY AVENUE LOCATED 20045 & 20065 STEVENS CREEK BLVD. (A.P.N.: 316-23-095, -096) SECTION I: PROJECT DESCRIPTION Application No.: ASA-2025-004 Applicant: Dividend Homes Property Owner: Arbor Group Investment LLC Location: 20045 & 20065 Stevens Creek Blvd. (A.P.N.: 316-23-095, -096) SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL: WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval Permit as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Infill Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on December 9, 2025 the Planning Commission recommended on a X-X vote that the City Council approve the Development Permit (DP-2025-002) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Use Permit (U-2025-007) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2025-004) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Vesting Tentative Map (TM-2025-002), in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Tree Removal Permit (TR-2025-002), in substantially similar form to the Resolution presented (Resolution No. 181 PC 12-9-2025 181 of 234 XXXX); and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for an Architectural and Site Approval Permit; and WHEREAS, the City Council finds as follows with regard to this application: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with adjoining land uses, including but not limited to wider setbacks from the single -family residences on the southern property line, as well as providing landscaping along the building frontages to help mitigate potential building massing impacts and compatible with the existing streetscape. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In addition, the proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(as further documented in the memorandum prepared by the City’s environmental consultant, PlaceWorks. The project must meet all Fire and Building Code requirements, which will be further reviewed prior to issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. 2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: a) Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings. The proposed project consists of the redevelopment of two office buildings (the tallest of which was approximately 35 feet) with five, new, three-story townhome-style buildings. The proposed residential buildings are approximately 15 - 20 feet taller than the existing commercial building to the west. Additionally, the townhomes are setback from the street and have vegetation and trees planted within the right of way along Stevens Creek Boulevard in accordance with the Heart of the City Specific Plan for visual screening. There is also landscaping proposed at the perimeter which will help reduce the apparent mass and bulk of the proposed buildings. 182 PC 12-9-2025 182 of 234 b) In order to preserve design harmony between new and existing building and in order to preserve and enhance property values, the materials, textures and colors of new building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for the development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill-over light to adjoining property owners. The design quality of the development is consistent with the high-quality standards identified in the General Plan and Heart of the City Specific Plan. The buildings meet the design qualities of modern, contemporary development. The architectural style is consistent throughout the development and is complementary to the mix of architecture in the area. Utility installation has been designed to be screened by landscaping and or incorporated into the building design. The final lighting for the development will be reviewed as part of the review of the project construction documents to ensure that they meet safety requirements while avoiding spill-over light to adjacent properties and meet applicable Dark Sky standards. The proposed windows are consistent with the City’s bird- safe ordinance as well. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and No signage is proposed as part of this project. d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. While the project abuts an existing single-family residential neighborhood to the north, it is surrounded on all other sides by commercial and office uses. The townhome buildings have been designed in accordance with many of the non-objective design guidelines outlined in the Heart of the City Specific Plan. Further, the project incorporates a row of evergreen trees along the rear property line to provide privacy screening and a larger 183 PC 12-9-2025 183 of 234 setback between the four buildings closest to the adjacent single -family residential neighborhood/properties. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the MND, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 4 herein, and subject to the conditions contained in all other Resolutions approved for this Project. The application for an Architectural and Site Approval, Application No. ASA -2025-004, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. ASA-2025-004 as set forth in the Minutes of the City Council Meeting of January 21, 2026 Meeting, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled “20045 & 20065 Stevens Creek Blvd., Cupertino, CA, Dividend Homes” dated August 15, 2025 consisting of 65 sheets labeled as, A.1– A.33, TM1.0, C2.0 – C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0, drawn by Dahlin, BKF, and Michael Arnone & Associates., except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. U-2025-007, TM-2025-002, TR- 2025-005, and DP-2025-002, shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 184 PC 12-9-2025 184 of 234 5. SETBACK AND LANDSCAPE AREAS Approved setback and landscaped areas shall remain free and clear of any accessory structures that have not been approved as part of this project. 6. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS The final building exterior plan shall closely resemble the details shown on the original approved plans. The final building design and exterior treatment plans (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits and through an in-field mock-up of colors prior to application to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 7. LANDSCAPE INSTALLATION REPORT The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule. The landscape installation report shall include the following statement: “The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit.” 8. LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. a. Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. 185 PC 12-9-2025 185 of 234 b. Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. c. Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 9. RESIDENTIAL SCREENING COVENANT The property owner shall record a covenant on this property to inform future property owners of the residential screening measures and tree protection requirements consistent with the approved plans and reference these in the Property Owner Association documentation. The precise language will be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. 10. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 11. LANDSCAPE AND IRRIGATION PLANS The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by Community Development prior to issuance of building permits. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Landscape Ordinance, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. 186 PC 12-9-2025 186 of 234 12. SITE IMPROVEMENTS All proposed site improvements shall be completed prior to final occupancy of any structures approved in conjunction with the project. 13. EXTERIOR BUILDING MATERIALS/TREATMENTS The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any exterior cha nges determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. Future changes to the exterior building materials/treatments must be reviewed and approved by the Property Owner’s Association. However, any changes to the building materials that do not match the approved materials shall require an amendment to this permit or a new permit. 14. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements and Section 19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all docum entation required to determine compliance with the Municipal Code. The final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Director of Community Development prior to building permit issuance. A report from a licensed lighting engineer may be required to confirm all exterior lighting throughout the site complies with the City’s Ordinance. 15. TRANSFORMERS Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened 187 PC 12-9-2025 187 of 234 with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area. 16. UTILITY STRUCTURE PLAN Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all new utility structures [including, but not limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public W orks, Fire Department, and applicable utility agencies. 17. GREEN BUILDING The project shall be constructed in accordance with the City’s Green Building Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall obtain LEED Silver certification or an alternative reference standard in accordance with the ordinance since the building size is over 50,000 square feet. Third party LEED certification or alternative reference standard is required per the ordinance criteria and costs associated with third-party review shall be paid by the applicant. 18. EQUIPMENT SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan may be required to demonstrate that the equipment will not be visible from any public right-of-way. The location of the equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 19. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 20. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents 188 PC 12-9-2025 188 of 234 (collectively, the “indemnified parties”) from and against any liabilit y, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 21. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, 189 PC 12-9-2025 189 of 234 reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of January, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Liang-Fang Chao, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 190 PC 12-9-2025 190 of 234 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2025-XX OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A VESTING TENTATIVE MAP FOR A 32- UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 20045 & 20065 STEVENS CREEK BLVD. (A.P.N.: 316-23-095, -096) The Planning Commission recommends that the City Council approve the Vesting Tentative Map, in substantially similar form to the Draft Resolution attached hereto as Exhibit TM: PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 9th day of December 2025, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 191 PC 12-9-2025 191 of 234 EXHIBIT TM RESOLUTION NO. _________ OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A VESTING TENTATIVE MAP FOR A 32-UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 20045 & 20065 STEVENS CREEK BLVD. (A.P.N.: 316-23-095, -096) SECTION I: PROJECT DESCRIPTION Application No.: TM-2025-002 Applicant: Dividend Homes Property Owner: Arbor Group Investment LLC Location: 20045 & 20065 Stevens Creek Blvd. (A.P.N.: 316-23-095, -096) SECTION II: FINDINGS FOR A TENTATIVE MAP: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Map as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Infill Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on December 9, 2025 the Planning Commission recommended on a X-X vote that the City Council approve the Development Permit (DP-2025-002) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Use Permit (U-2025-007) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2025-004) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Vesting Tentative Map (TM-2025-002), in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Tree Removal Permit (TR-2025-002), in substantially similar form to the Resolution presented (Resolution No. XXXX); and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and 192 PC 12-9-2025 192 of 234 EXHIBIT TM WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Tentative Map; and WHEREAS, the City Council finds as follows with regard to this application: a. That the proposed subdivision map is consistent with the City of Cupertino General Plan. The subject property is consistent with the General Plan since the property is permitted to have up to 25 dwelling units an acre pursuant to the vesting provisions of SB330 which vested the development standards to those that were in place in February 2025. b. That the design and improvements of the proposed subdivision are consistent with the General Plan. The off-site improvements are consistent with the City’s General Plan and Heart of the City Specific Plan policies related to applicable pedestrian and bicycle safety with improvements made in accordance with the right-of-way design and an urban canopy within the public right- of-way. c. That the site is physically suitable for the type of development contemplated under the approved subdivision. The proposed tentative map is compatible with the adjoining land uses and no physical constraints are present that would conflict with the anticipated land use and development. Moreover, there are no topographical anomalies that differentiate this property from adjacent properties and the site is located on the valley floor and is not listed within any environmentally sensitive zone. d. That the site is physically suitable for the intensity of development contemplated under the approved subdivision. The subject property is physically suitable in size and shape and in conformance to development standards and is configured to accommodate a multi-unit development like the one proposed. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design of the subdivision and proposed improvements will not injure fish and wildlife or their habitat because the property is a previously developed site, with no fish and wildlife habitat in the vicinity; the site is located in an urbanized area where residential land use is allowed. 193 PC 12-9-2025 193 of 234 EXHIBIT TM f. That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. The proposed subdivision design and improvements will not cause serious public health problems. The proposed development is consistent with the intent of the policies of the General Plan for a development of this density on this site, and the on-site and off-site improvements improve neighborhood walkability through improved sidewalk construction with size- appropriate driveway curb-cuts and street and private trees planting. g. That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. No easement or right-of-way exists currently that would be impeded or conflict with the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 4 thereof, and those contained in all other Resolutions approved for this Project. The application for a Vesting Tentative Map, Application No. TM-2025-002, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application No. TM-2025-002 as set forth in the Minutes of the City Council Meeting of January 21, 2026 meeting, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled “20045 & 20065 Stevens Creek Blvd., Cupertino, CA, Dividend Homes” dated August 15, 2025 consisting of 65 sheets labeled as, A.1– A.33, TM1.0, C2.0 – C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0, drawn by Dahlin, BKF, and Michael Arnone & Associates., except as may be amended by conditions in this resolution. 194 PC 12-9-2025 194 of 234 EXHIBIT TM 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. U-2025-007, DP-2025-002, TR- 2025-005, and ASA-2025-004, shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 6. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such att orneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall 195 PC 12-9-2025 195 of 234 EXHIBIT TM include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be lega lly barred from later challenging such exactions. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conform to generally accepted engineering practices. 196 PC 12-9-2025 196 of 234 EXHIBIT TM ___________________________ Chad Mosley, Director of Public Works City Engineer CA License 66077 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of January, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Liang-Fang Chao, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 197 PC 12-9-2025 197 of 234 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2025-XX OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT TO REMOVE AND REPLACE THIRTY-FIVE (35) DEVELOPMENT TREES TO ACCOMMODATE A PROPOSED RESIDENTIAL DEVELOPMENT WITH 32 TOWNHOME STYLE CONDOMINIUM UNITS LOCATED AT 20045 & 20065 STEVENS CREEK BLVD. (A.P.N.: 316-23-095, -096) The Planning Commission recommends that the City Council approve the Vesting Tentative Map, in substantially similar form to the Draft Resolution attached hereto as Exhibit TM: PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 9th day of December 2025, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 198 PC 12-9-2025 198 of 234 EXHIBIT TR RESOLUTION NO. _________ OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A TREE REMOVAL PERMIT TO REMOVE AND REPLACE THIRTY- FIVE (35) DEVELOPMENT TREES TO ACCOMMODATE A PROPOSED RESIDENTIAL DEVELOPMENT WITH 32 TOWNHOME STYLE CONDOMINIUM UNITS LOCATED AT 20045 & 20065 STEVENS CREEK BLVD. (A.P.N.: 316-23-095, - 096) SECTION I: PROJECT DESCRIPTION Application No.: TR-2025-002 Applicant: Dividend Homes Property Owner: Arbor Group Investment LLC Location: 20045 & 20065 Stevens Creek Blvd. (A.P.N.: 316-23-095, -096) SECTION II: FINDINGS FOR A TENTATIVE MAP: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree Removal Permit as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Infill Exemption Memorandum along with all staff reports, other pertinent documents, and all written and or al statements received prior to and at the public hearing; and WHEREAS, on December 9, 2025 the Planning Commission recommended on a X-X vote that the City Council approve the Development Permit (DP-2025-002) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Use Permit (U-2025-007) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2025-004) in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Vesting Tentative Map (TM-2025-002), in substantially similar form to the Resolution presented (Resolution No. XXXX), approve the Tree Removal Permit (TR-2025-002), in substantially similar form to the Resolution presented (Resolution No. XXXX); and WHEREAS, all necessary public notices having been given as required by 199 PC 12-9-2025 199 of 234 PC Reso. Page 2 the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Tree Removal Permit; and WHEREAS, the City Council finds as follows with regard to this application: a) That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). To accommodate for the new development’s structures, walkways and internal street network to public open spaces, the existing trees cannot be preserved in their locations. The applicant proposes 46 replacement trees throughout the site in conformance with the Municipal Code Ordinance requirements and proposes to locate the replacements where tree coverage is needed, while preserving virtually all the trees that are not within the development area of the project site. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 2 herein, and subject to the conditions contained in all other Resolutions approved for this Project The application for a Tree Removal Permit, Application No. TR-2025-002, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. TR-2025-002 as set forth in the Minutes of the City Council Meeting of January 21, 2026 Meeting, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled “20045 & 20065 Stevens Creek Blvd., 200 PC 12-9-2025 200 of 234 PC Reso. Page 2 Cupertino, CA, Dividend Homes” dated August 15, 2025 consisting of 65 sheets labeled as, A.1– A.33, TM1.0, C2.0 – C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0, drawn by Dahlin, BKF, and Michael Arnone & Associates., except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible for verifying all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. U-2025-007, TM-2025-002, DP- 2025-002, and ASA-2025-004, shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. TREE REPLACEMENT SIZE The applicant shall provide adequate tree replacements for trees proposed to be removed in conformance with the replacement guidelines per Cupertino Municipal Code Section 14.18.160. The size of the proposed replacement trees shall be modified as follows to be consistent with the City’s Protected Tree Ordinance unless deemed infeasible by the City’s Consulting Arborist: a. Diameter of trunk size of removed tree up to 12 inches shall be replaced with one 24-inch box tree; b. Over 12 inches and up to 36 inches shall be replaced by two 24-inch box tree or one 36-inch box tree; and c. Over 36 inches shall be replaced with one 36-inch box tree. If it is determined that it is physically not feasible to plant the required replacement trees, the Applicant may pay in-lieu fees determined to be appropriate by the Community Development Director. 6. TREE PROTECTION a. As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added, at a minimum, to the protection plan: 201 PC 12-9-2025 201 of 234 PC Reso. Page 2  For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work.  No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist.  No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City’s consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree.  Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth.  Tree protection conditions shall be posted on the required tree protection barriers.  Retained trees shall be watered to maintain them in good health.  A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. b. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. c. The City’s consulting arborist, retained at the applicant’s expense, shall inspect the trees to be retained and the tree protection measures, and shall provide reviews prior to issuance of demolition, grading or building permits. d. A report ascertaining the good health of the trees mentioned above shall be provided by the applicant’s arborist, to be peer reviewed by the City’s Consulting Arborist, prior to issuance of final occupancy. 7. PROTECTED TREES The applicant and future property owners understand that the replacement trees and all other trees approved with this development may not be removed without the prior approval by the Community Development Department of a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the trees. The applicant shall also disclose the location and species of all replacement and development trees on site upon sale of the property. 8. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible for consulting with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 202 PC 12-9-2025 202 of 234 PC Reso. Page 2 9. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, lev y, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the pr oject, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, att orneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 10. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant 203 PC 12-9-2025 203 of 234 PC Reso. Page 2 to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of January, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Liang-Fang Chao, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 204 PC 12-9-2025 204 of 234 City of Cupertino 20045 AND 20065 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 2) December 2025 | CEQA Exemption Memorandum 205 PC 12-9-2025 205 of 234 December 2025 | CEQA Exemption Memorandum 20045 AND 20065 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 2) for City of Cupertino City of Cupertino Contact: Gian Martire, Senior Planner 10300 Torre Avenue Cupertino, California 95014 408.777.3319 Prepared by: PlaceWorks Contact: Rachel Goren, Associate 2040 Bancroft Way #400 Berkeley, California 94704 510.848.3815 www.placeworks.com 206 PC 12-9-2025 206 of 234 Section Page 1. Introduction ...................................................................................................... 1 1.1 Statutory Exemptions .............................................................................................. 1 2. Project Description ............................................................................................ 3 2.1 Regional Location .................................................................................................... 3 2.2 Project Site .............................................................................................................. 3 2.3 Land Use and Zoning Designations ......................................................................... 3 2.4 Proposed Project ..................................................................................................... 4 3. Findings Concerning CEQA Exemption................................................................ 5 3.1 Public Resources Code Section 21080.66 ............................................................... 5 3.2 Analysis in Support of Findings ............................................................................... 5 3.3 Conclusion ............................................................................................................. 19 Tables Table 1 Infill Requirements and Project Consistency .................................................................. 6 Table 2 Environmental Criteria and Project Consistency .......................................................... 10 Table 3 Tribal Notification, Outreach, and Consultation Initiation ........................................... 15 SOURCES All documents cited in this report and used in its preparation are hereby incorporated by reference into this document. Copies of documents referenced herein are available for review at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014. 207 PC 12-9-2025 207 of 234 This page is intentionally left blank. 208 PC 12-9-2025 208 of 234 1. INTRODUCTION This section describes the standards for determining a significant effect on the environment from construction and operation of the proposed 20045 and 20065 Stevens Creek Boulevard Residential Development Phase 2 (proposed project) pursuant to the requirements of the California Environmental Quality Act (CEQA). The City of Cupertino (City) is the lead agency for the proposed project. 1.1 STATUTORY EXEMPTIONS Once it is determined that an activity is a project subject to CEQA, it is then determined whether the project is exempt from CEQA. Pursuant to State CEQA Guidelines Section 15061(b), a project is exempt from CEQA if: 1. The project is exempt by statute (see, e.g., Article 18, commencing with Section 15260). 2. The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2. 3. The activity is covered by the common-sense exemption that CEQA applies only to projects that 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. 4. The project will be rejected or disapproved by a public agency (see Section 15270(b)). 5. The project is exempt pursuant to the provisions of Article 12.5 of Chapter 3. The proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a), as further discussed in Section 3, Findings Concerning CEQA Exemption. This document has been prepared to demonstrate CEQA compliance as it pertains to the proposed project. This document also provides information to decision makers regarding a finding that the proposed project is exempt under CEQA. 209 PC 12-9-2025 209 of 234 This page is intentionally left blank. 210 PC 12-9-2025 210 of 234 2. PROJECT DESCRIPTION 2.1 REGIONAL LOCATION The project site is in the city of Cupertino, approximately 38 miles southeast of the city and county of San Francisco. Cupertino is on the western edge of Santa Clara County and north of the city of Saratoga, east of unincorporated Santa Clara County, south of the city of Sunnyvale, and west of the city of San José. Regional access to the project site is provided by Interstate 280 (I-280) via North Wolfe Road or North De Anza Boulevard to the north, and by Highway 85 via Stevens Creek Boulevard to the west. The City is also supported by Santa Clara Valley Transportation Authority (VTA) bus service and Caltrain via the Sunnyvale, Lawrence, and Santa Clara Caltrain Stations. 2.2 PROJECT SITE The 1.77-acre project is at 20045 and 20065 Stevens Creek Boulevard, along Stevens Creek Boulevard, between North Blaney Avenue and Randy Lane, in an urbanized area. The project site is currently developed with office buildings and a surface parking lot with ornamental landscaping. The site is bounded by single-family residences to the north, a preschool and commercial development to the east, Stevens Creek Boulevard to the south, and commercial development to the west. According to Plan Bay Area, the project site is within a Santa Clara VTA City Cores, Corridors & Station Areas Priority Development Area (PDA) and a Transit Priority Area (TPA). The project site is on Stevens Creek Boulevard, which is a high transit corridor, and within a half-mile walking distance from the VTA Bus Routes 23 and 55, which are considered major transit stops. 2.3 LAND USE AND ZONING DESIGNATIONS The project site is assigned Assessor’s Parcel Numbers (APNs) 316-23-095 and 316-23-096. Neither parcel is identified as a Housing Element site. While the City was in the process of obtaining certification of its (2023-2031) Housing Element by the California Department of Housing and Community Development, the developer submitted a preliminary application pursuant to the Housing Crisis Act of 2019, commonly referred to by its legislative number, Senate Bill (SB) 330. This act vests the standards that are in place at the time a “preliminary application” for a housing project is submitted and prevents jurisdictions from imposing or 211 PC 12-9-2025 211 of 234 enforcing new design standards on housing projects that are not objective. As such, the proposed project is subject to the regulations in place at the time the project’s preliminary application was submitted on February 14, 2025, which are:  General Plan Land Use. Commercial/Office/Residential General Plan within the Heart of the City Special Area  Specific Plan. Heart of the City Specific Plan  Zoning District. Planned Development with General Commercial Residential (P(CG, Res))  Density. 25 dwelling units per acre (maximum)  Height. 45 feet (maximum) Pursuant to the State Density Bonus Law and the City’s Density Bonus ordinance (Cupertino Municipal Code Chapter 19.56, Density Bonus), the project applicant has requested the following, to the extent needed to comply with applicable objective standards:  A waiver or reduction of development standards to reduce the front, side, and rear setbacks for portions of the project.  A waiver to the Heart of the City Specific Plan Design Guidelines for Common Open Space. 2.4 PROPOSED PROJECT The project applicant, Dividend Homes, is proposing a residential development that would involve the demolition of the existing office buildings and the construction of five new residential buildings. The proposed project would include a total of 32 townhomes made up of 6 median/moderate-income townhomes and 26 market-rate units ranging from 1,548 to 2,156 square feet. Each townhome would have three stories with a roof deck and would be approximately 45 feet tall at the highest point. The proposed project would provide 64 private garage parking spaces and 5 street parking spaces for vehicles and 6 bicycle parking spaces. Each townhome would include private open space via a roof deck, averaging 60 square feet per unit. No common usable open space is proposed. 212 PC 12-9-2025 212 of 234 3. FINDINGS CONCERNING CEQA EXEMPTION 3.1 PUBLIC RESOURCES CODE SECTION 21080.66 Assembly Bill (AB) 130, signed into law on June 30, 2025, and codified in Public Resources Code (PRC) Section 21080.66, exempts qualifying infill housing development from CEQA review, creating a new statutory exemption. This exemption applies to any required permits, entitlements, or other discretionary approvals for a broad range of housing types. This section demonstrates that the proposed project meets the requirements of PRC Section 21080.66 and is organized as follows:  Infill Criteria. This section describes the project’s consistency with the allowed housing development type defined in PRC Section 21080.66 (a), subdivisions (1) through (5) and (8).  Environmental Criteria. This section describes the individual environmental requirements pursuant to PRC Section 21080.66(a), subdivisions (6) and (7).  Tribal Cultural Resources. This section describes the tribal notification and outreach requirements pursuant to PRC Section 21080.66(b).  Hazardous Materials. This section describes the requirements for the identification and treatment of hazardous materials pursuant to PRC Section 21080.66(c).  Other Requirements. This section describes the Labor Code requirements and eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to PRC Section 21080.66(d) and (e), respectively. 3.2 ANALYSIS IN SUPPORT OF FINDINGS Infill Requirements Table 1, Infill Requirements and Project Consistency, demonstrates that the project meets the requirements of PRC Section 21080.66(a), which specifically defines a “housing development project” in Government Code Sections 65905.5(b) and 65589.5(h)(2). 213 PC 12-9-2025 213 of 234 Table 1 Infill Requirements and Project Consistency Infill Requirements Consistency Determination PRC Section 21080.66(a). Use Type. The project meets any of the following for the definition of a “housing development project” pursuant to Government Code Sections 65905.5(b) and 65589.5(h)(2):  Residential units only  Mixed-use development which includes residential and non-residential uses that meet any of the following criteria: o At least two-thirds of the project's new or converted square footage is designated for residential use o At least 50 percent of the project's new or converted square footage is designated for residential use and the project meets both of the following: - The project includes at least 500 net new residential units - No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging1 o At least 50 percent of the net new or converted square footage is designated for residential use and the project meets all of the following: - The project includes at least 500 net new residential units - The project includes the demolition or conversion of at least 100,000 square feet of non-residential use - The project includes the demolition of at least 50 percent of the existing non-residential uses on the site - No portion of the project is designated for transient lodging, except a portion of the project may be designated for use as a residential hotel (as described above)  Transitional housing or supportive housing; or  Farmworker housing, as defined in California Health and Safety Code Consistent. townhome units only. 214 PC 12-9-2025 214 of 234 Table 1 Infill Requirements and Project Consistency Infill Requirements Consistency Determination PRC Section 21080.66(a)(1): Size. A project site does not exceed 20 acres or five acres for a builder’s remedy project as defined in Government Code Section 65589.5(h)(11), or a housing development project or emergency shelter that meets the criteria in Government Code Section 65589.5(d)(5)as it read before January 1, Consistent. PRC Section 21080.66(a)(2): Location. boundaries of an incorporated municipality or an urban area, as defined by the United States Census Bureau. Based on the U.S. Census Bureau’s criteria for urban areas, an area must encompass at least 5,000 people or at least 2,000 housing units to be considered an urban area. In addition, an area must have 425 housing units per square mile, which defines the initial urban core. Two hundred (200) units per square mile shall fill in the remainder of the urban area. Each urban area shall contain at least one 2 Consistent. city. The project site meets any of the following criteria:  The site has been previously developed with an urban use;  At least 75 percent of the perimeter of the site adjoins parcels developed with urban uses;  At least 75 percent of the area within a one-quarter mile radius of the site is developed with urban uses;  At least three sides of the site are developed with urban uses and at least two-thirds of the site’s perimeter adjoins parcels that are Consistent. buildings and a paved surface parking lot. The site is surrounded by urban uses and paved public streets, including commercial and residential uses that adjoin the northern, eastern, and western boundaries of the site, and Stevens Creek Boulevard, which adjoins the southern boundary of the site. In addition, surrounding land uses within one-quarter mile of the site are developed with urban uses. 215 PC 12-9-2025 215 of 234 Table 1 Infill Requirements and Project Consistency Infill Requirements Consistency Determination PRC Section 21080.66(a)(4): General Plan or Zoning Consistency. The project is consistent with the applicable general plan or zoning ordinance, and any local coastal program as applicable. If the zoning and general plan are not consistent with one another, the project would satisfy this requirement if it were consistent with one. The approval of a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios shall not be the basis for determining that the project is inconsistent with this requirement. Consistent. Special Area and the General Plan land use designation is Commercial/Office/Residential. The zoning district is Planned Development with General Commercial and Residential (P(CG, Res)). The General Plan land use designation allows residential development and an established residential density of up to 25 dwelling units per acre. The Heart of the City Specific Plan, which is consistent with the General Plan assumptions for the site, includes residential as a supporting use and allows for fully residential development through the approval of a Conditional Use Permit. The project site’s zoning district allows for residential development on the property. The proposed project would provide a residential density of 18 dwelling units per acre, which is within the density allowed for the project site under the General Plan. The proposed maximum building height of 45 feet is consistent with the General Plan’s 45-foot height PRC Section 21080.66(a)(5): Density. of the following applicable density specified in Government Code Section 65583.2(c)(3)(B), to accommodate housing for lower income households3  At least 15 units per acre allowed for sites within an incorporated city within a non-metropolitan county and for a non-metropolitan county that has a micropolitan area  At least 10 units per acre allowed for sites within an unincorporated area in a non-metropolitan county not included in the above requirement  At least 20 units per acre allowed for sites within suburban jurisdictions Consistent. The project site is in a metropolitan county (i.e., Santa Clara County). Therefore, the minimum density requirement under PRC Section 21080.66 (a)(5) is one half of 30 dwelling units per acre. The project would have a residential density of 18 dwelling units per acre. 216 PC 12-9-2025 216 of 234 Table 1 Infill Requirements and Project Consistency Infill Requirements Consistency Determination  At least 30 units per acre allowed for sites within a jurisdiction in a metropolitan county. PRC Section 21080.66(a)(8): Lodging Uses. For a project that was deemed complete pursuant Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. For the purposes of this section, “other transient lodging” does not include either of the following:  A residential hotel, as defined in Section 50519 of the Health and Safety Code.  After the issuance of a certificate of occupancy, a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, in a manner consistent Consistent. and breakfast inn, or other transient lodging uses. Notes: 1 For a project that was deemed complete pursuant to Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. Other transient lodging does not include either of the following: a residential hotel, as defined in Section 50519 of the Health and Safety Code or a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code. 2 United States Census Bureau, 2025, July 11 (accessed), Redefining Urban Areas following the 2020 Census, https://www.census.gov/newsroom/blogs/random- samplings/2022/12/redefining-urban-areas-following-2020-census.html. 3 California Legislative Information, 2025, July 11 (accessed), Government Code – GOV: ARTICLE 10.6. Housing Elements [65580 - 65589.11], https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65583.2.&nodeTreePath=12.1.10.10&lawCode=GOV. 217 PC 12-9-2025 217 of 234 Environmental Criteria Pursuant to PRC Section 21080.66(a), the project site must meet the environmental criteria identified in Government Code Section 65913.4(a)(6). These environmental criteria and the proposed project’s compliance are detailed in Table 2, Environmental Criteria and Project Consistency. As shown in Table 2, the project site would meet the environmental criteria. Table 2 Environmental Criteria and Project Consistency Environmental Criteria Consistency Determination PRC Section 21080.66(a)(6) Coastal Zone. a coastal zone, as defined in the Public Resources Code (PRC) Division 20. The project site is not in a coastal zone. The site is approximately 20 miles east of the Pacific Ocean. The California Coastal Commission designates the boundary of coastal zones to extend 3 nautical miles 1 Farmland. either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. Consistent. farmland or farmland of statewide importance. The California Department of Conservation designates the city of Cupertino as Urban and Built-Up Land.2 Additionally, as discussed in Section 2.3, Land Use and Zoning Designations, the project site is not zoned for agricultural uses. Wetlands. wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2. Consistent. Service does not identify any wetlands on or near the project site.3 Fire Hazard Severity Zone be within a very high fire hazard severity zone (FHSZ), as determined by the Department of Forestry and Fire Protection (CAL FIRE) pursuant to Government Code Section 51178, or within a high or very high FHSZ as indicated on maps adopted by CAL FIRE pursuant to PRC Section 4202. This requirement does not apply to sites excluded from Consistent. within a very high FHSZ as designated by CAL FIRE. It is located approximately 2 miles northeast of a very high FHSZ in a Local Responsibility Area, and 3 miles northeast of lands that CAL FIRE designates as a very high FHSZ in a State Responsibility Area.4 218 PC 12-9-2025 218 of 234 Table 2 Environmental Criteria and Project Consistency Environmental Criteria Consistency Determination sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. Hazardous Waste Site. on a hazardous waste site that is listed pursuant to Government Code Section 65962.5 (Cortese List) or a hazardous waste site designated by the Department of Toxic Substances Control (DTSC) pursuant to Health and Safety Code Section 25356 (EnviroStor online database), unless DTSC has cleared the site for residential use or residential mixed uses. Consistent. the Hazardous Waste and Substances Site List (Cortese) pursuant to Government Code Section 65962.5.5 Additionally, the project site is not listed on any of the following California Environmental Protection Agency’s (CalEPA) Cortese List Data Resources:6  List of Hazardous Waste and Substances sites from DTSC EnviroStor database5  List of Leaking Underground Storage Tank (LUST) sites from the State Water Resource Control Board’s (SWRCB’s) GeoTracker7  List of solid waste disposal sites identified by SWRCB with waste constituents above hazardous waste levels outside the waste management unit8  List of “active” Cease and Desist Orders and Cleanup and Abatement Orders from SWRCB9  List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, 10 Earthquake Fault Zone. within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law of Health and Safety Code Division 13, and by any local building department under Title 2 of the Consistent. does not map an earthquake fault zone in or near the project site. 11 219 PC 12-9-2025 219 of 234 Table 2 Environmental Criteria and Project Consistency Environmental Criteria Consistency Determination Federal Emergency Management Agency (FEMA) Designations. The project site cannot be within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by FEMA in any official maps published by FEMA, unless either of the following are met:  The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the local jurisdiction.  The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. The project site also cannot be within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the development has received a no-rise certification in accordance with Title 44 of the Code of Federal Regulations, Section 60.3(d)(3). Consistent. (FIRM) designates the project site as Zone X, which is defined as areas with 0.2% annual chance of flood. The project site is also not within a regulatory floodway.12 Conservation Plan. lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act of 1973, or other adopted natural resource protection plan. Consistent. boundaries covers a small portion of Cupertino; however, the project site is approximately 0.9 miles north of the boundaries of the plan.13 The project site cannot be located in a habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act. Consistent. with Landsat of Visible Ecological Groupings habitat mapping program classifies the project site as an “urban area,” which tends to have low to poor wildlife habitat value due to replacement of natural communities, fragmentation of remaining open space areas and parks, and intensive human disturbance. The California Natural Diversity Database has no record of special-status plant and animal 220 PC 12-9-2025 220 of 234 Table 2 Environmental Criteria and Project Consistency Environmental Criteria Consistency Determination within a one-mile area surrounding the site.14 There are no natural lands within a one-mile area of the project site. Accordingly, the project site has no value as habitat for Lands under Conservation Easement. site cannot be on lands under conservation Consistent. conservation easement. PRC Section 21080.66(a)(7) Historic Structure. 21080.66(a)(7), the project cannot require the demolition of historic structure that was placed on a national, state, or local historic register before the date a preliminary application was submitted for the project. The project would include the demolition of the site’s existing commercial building. The existing building on the project site is not currently listed on the National Register of Historic Places15 or the list of California Register of Historical Resources,16 or the most recent list of Cupertino historically significant resources.17 Sources: 1. California Coastal Commission, 2019, Maps: Coastal Zone Boundary, https://www.coastal.ca.gov/maps/czb/, accessed August 21, 2025. 2. California Department of Conservation, 2022, California Important Farmland Finder, https://maps.conservation.ca.gov/DLRP/CIFF/, accessed August 21, 2025. 3. United States Fish and Wildlife Service, 2025, August 21 (accessed), National Wetlands Inventory, https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/. 4. California Department of Forestry and Fire Protection, 2025, August 21 (accessed), Fire Hazard Severity Zone Viewer, https://experience.arcgis.com/experience/6a9cb66bb1824cd98756812af41292a0. 5. California Department of Toxic Substances Control, 2025, August 21 (accessed), Hazardous Waste and Substances Site List (Cortese), https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS &status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29. 6. California Environmental Protection Agency, 2025, August 21 (accessed), Cortese List Data Resources, https://calepa.ca.gov/SiteCleanup/CorteseList/. 7. State Water Resources Control Board, 2025, August 21 (accessed), GeoTracker, https://geotracker.waterboards.ca.gov/search?CMD=search&case_number=&business_name=&main_street_n ame=&city=&zip=&county=&SITE_TYPE=LUFT&oilfield=&STATUS=&BRANCH=&MASTER_BASE=&Search=Search. 8. California Environmental Protection Agency, 2025, August 21 (accessed), Sites Identified with Waste Constituents Above Hazardous waste Levels Outside the Waste Management Unit, https://calepa.ca.gov/wp- content/uploads/2016/10/SiteCleanup-CorteseList-CurrentList.pdf. 9. California Environmental Protection Agency, 2025, August 21 (accessed), List of “active” CDO and CAO from Water Board, https://calepa.ca.gov/wp-content/uploads/2016/10/SiteCleanup-CorteseList-CDOCAOList.xlsx. 221 PC 12-9-2025 221 of 234 10. California Environmental Protection Agency, 2025, August 21 (accessed), Cortese List: Section 65962.5(a), https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/. 11. California Geological Survey, 2025, August 21 (accessed), Earthquake Zones of Required Investigation, https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/. 12. Federal Emergency Management Agency, 2009, May 18 (accessed August 21, 2025), FEMA Flood Map Service Center: Search By Address, https://msc.fema.gov/portal/search?AddressQuery=10065%20E%20Estates%20Dr%2C%20Cupertino%2C%20C A%2095014. 13. Santa Clara Valley Habitat Agency, 2013 (accessed August 21, 2025), Santa Clara Valley Habitat Plan Geobrowser, https://scvha.maps.arcgis.com/apps/webappviewer/index.html?id=f2268679c2fa49489e3f7d6e8377837e. 14. California Natural Diversity Database, 2025, August 21 (accessed), CNDDB Maps and Data, https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data. 15. National Park Service, 2024, July 10 (accessed August 21, 2025), National Register of Historic Places, https://www.nps.gov/subjects/nationalregister/database-research.htm#table. 16. California Office of Historic Preservation, 2025, August 21 (accessed), California Historical Resources, https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43. 17. City of Cupertino, 2015, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, Chapter 4.5, Cultural Resources, Table 4.4-2, Cultural Resources in the Project Study Area and Vicinity, pages 4.4-8 to 4.4-12. Tribal Cultural Resources TRIBAL OUTREACH AND CONSULTATION PRC Section 21080.66(b) requires local government to provide formal notification via certified mail and email to each California Native American tribe that is traditionally and culturally affiliated with the project site as an invitation to consult on the proposed project, its location, and the potential for the project to impact tribal cultural resources pursuant to one of the following deadlines:  Within 14 days of the application for the project being deemed complete, pursuant to Government Code Section 65589.5(h)(5).  Within 14 days of notifying the local government that the project is eligible to be exempt from this division pursuant to this section for projects whose applications were deemed complete before July 1, 2026. Tribal Notification The City received a request to be notified about projects in the city of Cupertino from the Tamien Nation on May 28, 2021, as the city is within the geographic area with which they are traditionally and culturally affiliated. The City routinely notifies the Tamien Nation of all applicable projects pursuant to the Native American Historic Resource Protection Act, 222 PC 12-9-2025 222 of 234 commonly referred to as it’s legislative bill number Assembly Bill (AB) 52. In addition, the City sent a request to the Native American Heritage Commission (NAHC) for a Tribal Contacts List on August 4, 2025. The NAHC provided a consultation list with a total of 23 contacts for 9 tribes that are traditionally and culturally affiliated with the geographic area of the city of Cupertino on August 5, 2025, as listed.          On August 6, 2025, the City sent outreach request letters via certified mail and email for each tribal contact provided. Table 3, Tribal Notification, Outreach, and Consultation Initiation, shows the contacts that requested consultation. Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact Date of Date of Consultation Amah Mutsun Tribal Band Ed Ketchum, Vice-Chairperson -- -- Amah Mutsun Tribal Band Valentin Lopez, Chairperson -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Garry Zimmer, Senior Cultural Monitor and Consultant -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Christopher Zimmer, Senior Cultural Monitor and Consultant, Councilman -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Michelle Zimmer, Senior Cultural Monitor and Consultant -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Irenne Zwierlein, Chairperson -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Monitor and Consultant, -- -- Costanoan Rumsen Carmel Tribe Carla Munoz, Tribal Council -- -- 223 PC 12-9-2025 223 of 234 Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact Date of Date of Consultation Costanoan Rumsen Carmel Tribe Samuel Rodriguez, Cultural Resource Officer -- -- Costanoan Rumsen Carmel Tribe Henry Muñoz, Cultural Resource Officer -- -- -- -- Indian Canyon Mutsun Band of Costanoan Kanyon Sayers-Roods, Tribal Chairwoman 8/6/2025 8/20/2025 Muwekma Ohlone Tribe of the SF Bay Area Richard Massiatt, Councilmember/ MLD Tribal Rep. 8/6/2025 8/20/2025 Muwekma Ohlone Tribe of the SF Bay Area Charlene Nijmeh, Chairperson -- -- Northern Valley Yokut / Ohlone Tribe Katherine Perez, Chairperson -- -- Northern Valley Yokut / Ohlone Tribe Timothy Perez, Tribal Compliance Officer -- -- Tamien Nation Lillian Camarena, Secretary 8/28/2025 9/9/2025 Tamien Nation Quirina Geary, Chairperson 8/28/2025 9/9/2025 The Ohlone Indian Tribe Andrew Galvan, Chairperson -- -- The Ohlone Indian Tribe Vincent Medina, Cultural Leader -- -- Wuksachi Indian Tribe/ Eshom Valley Band Kenneth Woodrow, Chairperson -- -- Source. Native American Heritage Commission, August 2025. Note. Where no dates are identified, no response was received so consultation was not initiated. Sacred Lands File Search Concurrently with the tribal contact list request on August 4, 2025, the City also requested a Sacred Lands File (SLF) search. There are no known cultural resources on the project site and the results of the SLF search conducted by Mathew Lin, MPP, Cultural Resources Analyst, NAHC, on August 5, 2025, were negative. 224 PC 12-9-2025 224 of 234 PROTECTION OF TRIBAL CULTURAL RESOURCES Pursuant to PRC Section 21080.66(b)(4)(A), the project applicant is required to comply with any enforceable agreements reached during the project consultation. Because no agreements, enforceable or otherwise, were requested during project consultation, no requirements were added to the proposed project. Further, pursuant to PRC Section 21080.66(b)(4)(B), a mutual agreement between the California Native American tribes that consulted, and the project applicant was made; thus, none of the measures pursuant to PRC Section 21080.66(b)(4)(B) are required. TRIBAL CULTURAL RESOURCES CONSISTENCY SUMMARY The City completed the tribal outreach requirements pursuant to PRC Section 21080.66(b)(1) through (3) and the requirements of PRC Section 21080.66(b)(4) do not need to be included as a binding condition. As such, the project is consistent with the tribal outreach and consultation and protection of tribal cultural resources requirements described in PRC Section 21080.66(b). Environmental Assessment (Hazardous Materials) PHASE I ENVIRONMENTAL SITE ASSESSMENT PRC Section 21080.66(c)(1)(A) states that local government shall require the project applicant to complete a Phase I Environmental Site Assessment (ESA) as a condition of approval for the development, as defined in Section 78090 of the Health and Safety Code. Based on PRC Section 21080.66(c)(1)(B), if a recognized environmental condition (REC) is found, the project applicant shall complete a preliminary endangerment assessment 1 (in accordance with the California Health and Safety Code Section 78095), prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. Pursuant to PRC Section 21080.66(c)(1)(C), if a release of a hazardous substance is found to exist on the site, the release shall be removed, or any effects of the release shall be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy. Pursuant to PRC Section 21080.66(c)(1)(D), if a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall 1 Based on the California Health and Safety Code Section 78095, preliminary endangerment assessment includes the following activities: Sampling and analysis of a site; A preliminary determination of the type and extent of hazardous material contamination of a site; and A preliminary evaluation of the risks the hazardous materials contamination of a site may pose to public health or the environment. 225 PC 12-9-2025 225 of 234 be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy. HAZARDOUS MATERIALS CONSISTENCY REQUIREMENTS A Phase I ESA was prepared and third-party peer reviewed as part of the City’s requirements in Cupertino Municipal Code Chapter 17.04, Standard Environmental Protection Requirements, that identifies standard environmental protection requirements that all construction projects must meet. The results of the Phase I ESA did not find any RECs. Accordingly, the project is consistent with the PRC Section 21080.66(c)(1) criteria regarding hazardous materials. PROXIMITY TO FREEWAYS For projects within 500 feet of a freeway, PRC Section 21080.66(c)(2) requires:  The building shall have a centralized heating, ventilation, and air-conditioning (HVAC) system.  The outdoor air intakes for the HVAC system shall face away from the freeway.  The building shall provide air filtration media for outside and return air that provides a minimum efficiency reporting value of 16.  The air filtration media shall be replaced at the manufacturer’s designated interval.  The building shall not have any balconies facing the freeway. Project Consistency. The project site is approximately 0.7 miles (3,700 feet) away from the freeway; therefore, the proposed project is not subject to PRC Section 21080.66(c)(2) criteria. Other Requirements LABOR CODE PRC Section 21080.66(d) includes additional labor requirements for housing development projects, including:  The payment of at least the general prevailing rate of per-diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations, to construction workers employed in the execution of a 100 percent affordable housing development project.  Compliance with the labor standards outlined in Government Code Sections 65913.4(a)(8) for buildings over 85 feet in height above grade. 226 PC 12-9-2025 226 of 234  Compliance with the labor standards of Government Code Sections 65912.130 for projects of 50 units or greater in the city and county of San Francisco, for any construction craft where at least 50 percent of the units in market-rate multifamily housing projects that received their certificate of occupancy between 2022 and 2024, inclusive, were built by workers that were paid not less than the general prevailing rate of per diem wages.  Extension of Labor Code Section 218.8 to the project applicant in addition to the direct contractor or subcontractor  Allowance of a joint labor-management cooperation committee to undertake specific actions to court. Project Consistency. The proposed project is not a 100 percent affordable housing development, over 85 feet in height above grade, or in the city or county of San Francisco. The proposed project would comply with the Labor Code and the Business and Professions Code as described. ELIGIBILITY FOR MODIFICATIONS OF DEVELOPMENT STANDARDS As stated in PRC Section 21080.66(e), this PRC section does not affect the eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to Government Code Section 65915. Therefore, the applicability of this statutory exemption does not prohibit the proposed project from requesting the waivers described in Section 2.3, Land Use and Zoning Designations. 3.3 CONCLUSION As analyzed in Section 3.1, Public Resources Code Section 21080.66, the proposed project meets the criteria for statutory exemption. 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(         +!    ( ,     %  %%   #+$%  %   %  #&$-     +.   %  %           )&!  %         )+#/&$               %           1%&+2 )3  4 #4 3 $%   +&*"  %                 )    &     5  2!              (      1              6                71"         !  %  8!  (     ) * %         %8 %   %8 %     %     :       (            229 PC 12-9-2025 229 of 234                                 %()*"+  -    .        0- -             -     1                                              -   2-  3    -     4 5 /  5  6@A@?BC?7DEB:>FDE<FDEEGC@8@B:<HFHF@H<1  /  -    -      ,I             230 PC 12-9-2025 230 of 234                         !"  #!"               $ $ $         & $   "  '(      $    )&             "  $          $  & +,   $  ,.  $  $            .$      $ $)  3  231 PC 12-9-2025 231 of 234 5865 Owens Drive Pleasanton, CA 94588 925-251-7200 297.095 02-14-2025 JOB NO. DATE A.26 DAHLIN GROUP ARCHITECTURE | PLANNING | INTERIORS 20045 & 20065 STEVENS CREEK BLVD CUPERTINO, CA I DIVIDEND HOMES WWW.DAHLINGROUP.COM STEVENS CREEK BO U L E V A R D NOTE: LANDSCAPE SHOWN FOR GRAPHICAL REPRESENTATION ONLY. SEE LANDSCAPE DRAWINGS FOR MORE INFO. STREET PERSPECTIVE 1 232 PC 12-9-2025 232 of 234 5865 Owens Drive Pleasanton, CA 94588 925-251-7200 297.095 02-14-2025 JOB NO. DATE A.27 DAHLIN GROUP ARCHITECTURE | PLANNING | INTERIORS 20045 & 20065 STEVENS CREEK BLVD CUPERTINO, CA I DIVIDEND HOMES WWW.DAHLINGROUP.COM STEVENS CREEK BOU L E V A R D NOTE: LANDSCAPE SHOWN FOR GRAPHICAL REPRESENTATION ONLY. SEE LANDSCAPE DRAWINGS FOR MORE INFO. STREET PERSPECTIVE 2 233 PC 12-9-2025 233 of 234 EV CHARGING LIN LIN LIN LIN LIN LS LS LS PAC PAC LS CN LIM LIN AM AM AM CC CC CC CC CN CN CN CN LIN CC CC CCCCCC LS LS LS LS LS LS AM CN CN ML ML ML ML ML ML ML ML LS CC CC LIT LIN PAC CN LS PAC PCHPCHPCH PCH AM AM PCH PCH PCHCCCC PRELIMINARY SITE PLAN C3.0 MATCH LINE, SEE ABOVE MATCH LINE, SEE BELOW 234 PC 12-9-2025 234 of 234