HomeMy WebLinkAboutAppendixC_Tribal........................................................................................................................
A PPENDIX C :
T RIBAL C ONSULTATION
C ORRESPONDENCE
........................................................................................................................
Page 1 of 6
March 27, 2023
Tamien Nation
Quirina Luna Geary, Chairwoman
PO Box 8053
San Jose, CA 95155
(707) 295-4011
qgeary@tamien.org
SUBJECT: Tribal Cultural Resources Outreach under the California Environmental
Quality Act, Assembly Bill 52. Formal Notification of Determination that a Project
Application is Complete or Decision to Undertake a Project, and Notification of
Consultation Opportunity, pursuant to Public Resources Code Section 21080.3.1
(hereafter PRC) for the City of Cupertino General Plan 2040 and Zoning Code
Amendments Subsequent Environmental Impact Report
Dear Quirina Luna Geary,
LETTER PURPOSE: The City of Cupertino (City) will prepare a subsequent program-
level Environmental Impact Report (SEIR) for the City of Cupertino General Plan 2040
and Zoning Code Amendments, herein referred to as the proposed project. Consistent
with Assembly Bill 52 (AB 52), which amends the California Environmental Quality Act
(CEQA), on May 28, 2021, the Tamien Nation requested that the City notify the tribe
regarding applicable future CEQA projects. In fulfillment of that request and pursuant
to Public Resources Code Section 21080.3.1, please find below a description of the
proposed project and the name of the project point of contact. This letter serves as
formal notification of consultation under AB 52.
PROJECT PURPOSE AND INFORMATION: The City of Cupertino is the Lead
Agency for the proposed project and will prepare a SEIR, pursuant to CEQA Guidelines
Sections 15081 and 15162.
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (see
Attachment, Regional and Vicinity Map)
Page 2 of 6
The proposed project consists of updates to the General Plan 2040 and the Zoning Code
and therefore the SEIR Study Area is comprised of the land withing the city limit and
sphere of influence boundaries. A summary of the proposed updates is as follows:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service to vehicle miles traveled.
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
Page 3 of 6
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
RESULTS OF RECORDS SEARCHES: There are known cultural resources in the SEIR
Study Area. The City also recognizes that it is possible that unknown archaeological
deposits associated with historic periods of Santa Clara County history or unrecorded
Native American prehistoric archaeological sites could be buried under soils. For this
reason, potential development under the proposed project, the would be required to
comply with Cupertino Municipal Code (CMC) Section 17.04.050, Standard
Environmental Protection Permit Submittal Requirements, to protect any unknown
prehistoric or historic subsurface cultural resources, including tribal cultural resources,
which may be discovered during ground-disturbing activities. Specifically, CMC
Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
Page 4 of 6
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
CONTACT INFORMATION:
Luke Connolly
Acting Deputy Director of Community Development
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Phone: (408)-777-1275
Email: LukeC@cupertino.org
DUE DATE FOR COMMENTS: In accordance with PRC Section 21080.3.1(b), you have
30 days from the receipt of this letter to request, in writing, consultation with the City.
Pursuant to PRC Section 21080.3.1(d), the City will begin the consultation process with
the Tamien Nation within 30 days of receiving your request for consultation.
If you have any questions prior to submitting a written request, please contact Luke
Connolly, Acting Deputy Director of Community Development at (408)-777-1275 or by
e-mail at LukeC@cupertino.org.
Page 5 of 6
If the City does not receive such a request within the specified time period, it will
conclude the consultation period and provide written confirmation to you that it has
done so.
At your request, this letter has been submitted via email and certified U.S. Mail with
return receipt to the contact information identified on the first page of this letter.
Respectfully,
Piu Ghosh For Luke Connolly
Acting Deputy Director of Community Development
Attachment:
Regional and Vicinity Map
GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS SUBSEQUENT EIR
CITY OF CUPERTINO SEIR STUDY AREA
Attachment. I and Vicinity Map Reg1ona
Page 1 of 6
March 27, 2023
Tamien Nation
Johnathan Costillas, Tribal Cultural Resource Officer
PO Box 866
Clearlake Oaks, CA 95423
(916) 336-5359
jcostillas@tamien.org
SUBJECT: Tribal Cultural Resources Outreach under the California Environmental
Quality Act, Assembly Bill 52. Formal Notification of Determination that a Project
Application is Complete or Decision to Undertake a Project, and Notification of
Consultation Opportunity, pursuant to Public Resources Code Section 21080.3.1
(hereafter PRC) for the City of Cupertino General Plan 2040 and Zoning Code
Amendments Subsequent Environmental Impact Report
Dear Johnathan Costillas,
LETTER PURPOSE: The City of Cupertino (City) will prepare a subsequent program-
level Environmental Impact Report (SEIR) for the City of Cupertino General Plan 2040
and Zoning Code Amendments, herein referred to as the proposed project. Consistent
with Assembly Bill 52 (AB 52), which amends the California Environmental Quality Act
(CEQA), on May 28, 2021, the Tamien Nation requested that the City notify the tribe
regarding applicable future CEQA projects. In fulfillment of that request and pursuant
to Public Resources Code Section 21080.3.1, please find below a description of the
proposed project and the name of the project point of contact. This letter serves as
formal notification of consultation under AB 52.
PROJECT PURPOSE AND INFORMATION: The City of Cupertino is the Lead
Agency for the proposed project and will prepare a SEIR, pursuant to CEQA Guidelines
Sections 15081 and 15162.
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (see
Attachment, Regional and Vicinity Map)
Page 2 of 6
The proposed project consists of updates to the General Plan 2040 and the Zoning Code
and therefore the SEIR Study Area is comprised of the land withing the city limit and
sphere of influence boundaries. A summary of the proposed updates is as follows:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service to vehicle miles traveled.
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
Page 3 of 6
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
RESULTS OF RECORDS SEARCHES: There are known cultural resources in the SEIR
Study Area. The City also recognizes that it is possible that unknown archaeological
deposits associated with historic periods of Santa Clara County history or unrecorded
Native American prehistoric archaeological sites could be buried under soils. For this
reason, potential development under the proposed project, the would be required to
comply with Cupertino Municipal Code (CMC) Section 17.04.050, Standard
Environmental Protection Permit Submittal Requirements, to protect any unknown
prehistoric or historic subsurface cultural resources, including tribal cultural resources,
which may be discovered during ground-disturbing activities. Specifically, CMC
Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
Page 4 of 6
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
CONTACT INFORMATION:
Luke Connolly
Acting Deputy Director of Community Development
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Phone: (408)-777-1275
Email: LukeC@cupertino.org
DUE DATE FOR COMMENTS: In accordance with PRC Section 21080.3.1(b), you have
30 days from the receipt of this letter to request, in writing, consultation with the City.
Pursuant to PRC Section 21080.3.1(d), the City will begin the consultation process with
the Tamien Nation within 30 days of receiving your request for consultation.
If you have any questions prior to submitting a written request, please contact Luke
Connolly Acting Deputy Director of Community Development at (408)-777-1275 or by
e-mail at LukeC@cupertino.org.
Page 5 of 6
If the City does not receive such a request within the specified time period, it will
conclude the consultation period and provide written confirmation to you that it has
done so.
At your request, this letter has been submitted via email and certified U.S. Mail with
return receipt to the contact information identified on the first page of this letter.
Respectfully,
Piu Ghosh for Luke Connolly
Acting Deputy Director of Community Development
Attachment:
Regional and Vicinity Map
GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS SUBSEQUENT EIR
CITY OF CUPERTINO SEIR STUDY AREA
Attachment . I and Vicinity Map Reg1ona
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
Page 1 of 2
October 23, 2023
Rachel Goren
PlaceWorks
Via Email to: rgoren@placeworks.com
Re: Native American Consultation, Pursuant to Senate Bill 18, Government Code §65352.3 and
§65352.4, General Plan 2040 and Zoning Code Amendments Project, Santa Clara County
To Whom It May Concern:
Attached is a consultation list of tribes with traditional lands or cultural places located within
the boundaries of the above referenced counties.
Government Code §65352.3 and §65352.4 require local governments to consult with
California Native American tribes identified by the Native American Heritage Commission
(NAHC) for the purpose of avoiding, protecting, and/or mitigating impacts to cultural
places when creating or amending General Plans, Specific Plans and Community Plans.
The law does not preclude initiating consultation with the tribes that are culturally and
traditionally affiliated within your jurisdiction. The NAHC believes that this is the best practice
to ensure that tribes are consulted commensurate with the intent of the law.
The NAHC also believes that agencies should also include with their notification letters,
information regarding any cultural resources assessment that has been completed on the
area of potential effect (APE), such as:
1.The results of any record search that may have been conducted at an Information
Center of the California Historical Resources Information System (CHRIS), including,
but not limited to:
•A listing of any and all known cultural resources that have already been
recorded or are adjacent to the APE, such as known archaeological sites;
•Copies of any and all cultural resource records and study reports that may have
been provided by the Information Center as part of the records search
response;
•Whether the records search indicates a low, moderate or high probability that
unrecorded cultural resources are located in the APE; and
•If a survey is recommended by the Information Center to determine whether
previously unrecorded cultural resources are present.
2.The results of any archaeological inventory survey that was conducted, including:
•Any report that may contain site forms, site significance, and suggested
mitigation measures.
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Sara Dutschke
Miwok
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Laurena Bolden
Serrano
COMMISSIONER
Reid Milanovich
Cahuilla
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
nahc@nahc.ca.gov
NAHC.ca.gov
Page 2 of 2
All information regarding site locations, Native American human remains, and associated funerary
objects should be in a separate confidential addendum, and not be made available for public
disclosure in accordance with Government Code §6254.10.
3. The result of the Sacred Lands File (SLF) check conducted through the Native American Heritage Commission
was negative.
4. Any ethnographic studies conducted for any area including all or part of the APE; and
5. Any geotechnical reports regarding all or part of the APE.
Lead agencies should be aware that records maintained by the NAHC and CHRIS are not exhaustive. A tribe
may be the only source of information regarding the existence of a tribal cultural resource.
This information will aid tribes in determining whether to request formal consultation. In the event, that they do,
having the information beforehand will help to facilitate the consultation process.
If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With
your assistance, we are able to assure that our consultation list remains current.
If you have any questions or need additional information, please contact me at my email address:
Cody.Campagne@nahc.ca.gov.
Sincerely,
Cody Campagne
Cultural Resources Analyst
Attachment
Tribe Name Fed (F)
Non-Fed (N)
Contact Person Contact Address Phone #Fax #Email Address Cultural Affiliation Last Updated
Amah Mutsun Tribal Band N Ed Ketchum, Vice-Chairperson (530) 578-3864 aerieways@aol.com Costanoan
Northern Valley Yokut
7/20/2023
Amah Mutsun Tribal Band N Valentin Lopez, Chairperson P.O. Box 5272
Galt, CA, 95632
(916) 743-5833 vjltestingcenter@aol.com Costanoan
Northern Valley Yokut
7/20/2023
Amah MutsunTribal Band of Mission San
Juan Bautista
N Irene Zwierlein, Chairperson 3030 Soda Bay Road
Lakeport, CA, 95453
(650) 851-7489 (650) 332-1526 amahmutsuntribal@gmail.com Costanoan
Indian Canyon Mutsun Band of Costanoan N Ann Marie Sayers, Chairperson P.O. Box 28
Hollister, CA, 95024
(831) 637-4238 ams@indiancanyon.org Costanoan
Indian Canyon Mutsun Band of Costanoan N Kanyon Sayers-Roods, MLD
Contact
1615 Pearson Court
San Jose, CA, 95122
(408) 673-0626 kanyon@kanyonkonsulting.com Costanoan 4/17/2018
Muwekma Ohlone Indian Tribe of the SF
Bay Area
N Monica Arellano, Vice
Chairwoman
20885 Redwood Road, Suite 232
Castro Valley, CA, 94546
(408) 205-9714 monicavarellano@gmail.com Costanoan 7/12/2019
Muwekma Ohlone Indian Tribe of the SF
Bay Area
N Charlene Nijmeh, Chairperson 20885 Redwood Road, Suite 232
Castro Valley, CA, 94546
(408) 464-2892 cnijmeh@muwekma.org Costanoan
North Valley Yokuts Tribe N Timothy Perez, P.O. Box 717
Linden, CA, 95236
(209) 662-2788 huskanam@gmail.com Costanoan
Northern Valley Yokut
5/12/2020
North Valley Yokuts Tribe N Katherine Perez, Chairperson P.O. Box 717
Linden, CA, 95236
(209) 887-3415 canutes@verizon.net Costanoan
Northern Valley Yokut
Tamien Nation N Lillian Camarena, Secretary 336 Percy Street
Madera, CA, 93638
(559) 363-5914 Lcamarena@tamien.org Costanoan 4/11/2023
Tamien Nation N Johnathan Wasaka Costillas,
THPO
10721 Pingree Road
Clearlake Oaks, CA, 94523
(925) 336-5359 thpo@tamien.org Costanoan 4/11/2023
Tamien Nation N Quirina Luna Geary, Chairperson PO Box 8053
San Jose, CA, 95155
(707) 295-4011 qgeary@tamien.org Costanoan 4/11/2023
The Ohlone Indian Tribe N Andrew Galvan, Chairperson P.O. Box 3388
Fremont, CA, 94539
Phone: (510) 882-0527 (510) 687-9393 chochenyo@AOL.com Bay Miwok
Ohlone
Patwin
Plains Miwok
7/24/2023
The Ohlone Indian Tribe N Vincent Medina, Cultural Leader 17365 Via Del Rey
San Lorenzo, CA, 94580
(510) 610-7587 vincent.d.medina@gmail.com Bay Miwok
Ohlone
Patwin
Plains Miwok
7/24/2023
Wuksachi Indian Tribe/Eshom Valley Band N Kenneth Woodrow, Chairperson 1179 Rock Haven Ct.
Salinas, CA, 93906
(831) 443-9702 kwood8934@aol.com Foothill Yokut
Mono
6/19/2023
Alameda,Contra Costa,San Francisco,San
Mateo,Santa Clara
Alameda,Calaveras,Contra
Costa,Fresno,Inyo,Kings,Madera,Marin,Maripos
a,Merced,Mono,Monterey,San Benito,San
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 6097.98 of the Public Resources
Code and section 5097.98 of the Public Resources Code.
This list is only applicable for consultation with Native American tribes under Government Code Sections 65352.3 and 65352.4 et seq for the proposed General Plan 2040 and Zoning Code Amendments Project, Santa Clara County.
Record: PROJ-2023-004962
Report Type: SB18
Counties: All
NAHC Group: All
Alameda,Calaveras,Contra
Costa,Fresno,Madera,Mariposa,Merced,Sacram
ento,San Benito,San Joaquin,Santa
Alameda,San Mateo,Santa Clara,Stanislaus
Alameda,San Mateo,Santa Clara,Stanislaus
Alameda,San Mateo,Santa Clara,Stanislaus
Alameda,Contra Costa,San Francisco,San
Mateo,Santa Clara
Alameda,Contra Costa,Monterey,San
Benito,San Francisco,San Mateo,Santa
Clara,Santa Cruz
Alameda,Contra Costa,Monterey,San
Benito,San Francisco,San Mateo,Santa
Clara,Santa Cruz
Alameda,Contra
Costa,Marin,Merced,Napa,Sacramento,San
Francisco,San Joaquin,San Mateo,Santa
Clara,Santa Cruz,Solano,Sonoma,Stanislaus
Alameda,Contra
Costa,Marin,Merced,Napa,Sacramento,San
Francisco,San Joaquin,San Mateo,Santa
Clara,Santa Cruz,Solano,Sonoma,Stanislaus
Alameda,Calaveras,Contra
Costa,Fresno,Madera,Mariposa,Merced,Sacram
ento,San Benito,San Joaquin,Santa
Native American Heritage Commission
Native American Contact List
Santa Clara County
10/23/2023
Counties
Merced,Monterey,San Benito,Santa
Clara,Santa Cruz
Merced,Monterey,San Benito,Santa
Clara,Santa Cruz
Alameda,Contra Costa,Monterey,San
Benito,San Francisco,San Mateo,Santa
Clara,Santa Cruz
10/23/2023 10:04 AM
1 of 1
Page 1 of 6
December 1, 2023
Muwekma Ohlone Indian Tribe of the SF Bay Area
Monica Arellano, Vice Chairwoman
20885 Redwood Road, Suite 232
Castro Valley, CA, 94546
(408) 205-9714
monicavarellano@gmail.com
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Vice Chairwoman Arellano,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
Tamien Nation
Lillian Camarena, Secretary
336 Percy Street
Madera, CA, 93638
(559) 363-5914
Lcamarena@tamien.org
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Secretary Camarena,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
The Ohlone Indian Tribe
Andrew Galvan, Chairperson
P.O. Box 3388
Fremont, CA, 94539
(510) 882-0527
chochenyo@AOL.com
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Chairperson Galvan,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
Tamien Nation
Johnathan Wasaka Costillas, THPO
10721 Pingree Road
Clearlake Oaks, CA, 94523
(925) 336-5359
thpo@tamien.org
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear THPO Johnathan Wasaka Costillas,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
Amah Mutsun Tribal Band
Ed Ketchum, Vice-Chairperson
(530) 578-3864
aerieways@aol.com
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Vice-Chairperson, Ketchum,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
Page 2 of 6
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
tribal cultural resources that has not been previously disturbed and/or where
Page 3 of 6
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
Page 4 of 6
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
Amah Mutsun Tribal Band
Valentin Lopez, Chairperson
P.O. Box 5272
Galt, CA, 95632
(916) 743-5833
vjltestingcenter@aol.com
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Chairperson Lopez,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
The Ohlone Indian Tribe
Vincent Medina, Cultural Leader
17365 Via Del Rey
San Lorenzo, CA, 94580
(510) 610-7587
vincent.d.medina@gmail.com
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Cultural Leader Medina,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
Muwekma Ohlone Indian Tribe of the SF Bay Area
Charlene Nijmeh, Chairperson
20885 Redwood Road, Suite 232
Castro Valley, CA, 94546
(408) 464-2892
cnijmeh@muwekma.org
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Chairperson Nijmeh,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
North Valley Yokuts Tribe
Timothy Perez
P.O. Box 717
Linden, CA, 95236
(209) 662-2788
huskanam@gmail.com
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Timothy Perez,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
North Valley Yokuts Tribe
Katherine Perez, Chairperson
P.O. Box 717
Linden, CA, 95236
(209) 887-3415
canutes@verizon.net
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Chairperson Perez,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
Tamien Nation
Quirina Luna Geary, Chairperson
PO Box 8053
San Jose, CA, 95155
(707) 295-4011
qgeary@tamien.org
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Chairperson Quirina Luna Geary,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
Indian Canyon Mutsun Band of Costanoan
Ann Marie Sayers, Chairperson
P.O. Box 28
Hollister, CA, 95024
(831) 637-4238
ams@indiancanyon.org
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Chairperson Sayers,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
Indian Canyon Mutsun Band of Costanoan
Kanyon Sayers-Roods, MLD Contact
1615 Pearson Court
San Jose, CA, 95122
(408) 673-0626
kanyon@kanyonkonsulting.com
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear MLD Contact Sayers-Roods,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
Wuksachi Indian Tribe/Eshom Valley Band
Kenneth Woodrow, Chairperson
1179 Rock Haven Ct.
Salinas, CA, 93906
(831) 443-9702
kwood8934@aol.com
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Chairperson Woodrow,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.
Page 1 of 6
December 1, 2023
Amah Mutsun Tribal Band of Mission San Juan Bautista
Irene Zwierlein, Chairperson
3030 Soda Bay Road
Lakeport, CA, 95453
(650) 851-7489
amahmutsuntribal@gmail.com
SUBJECT: Invitation to request consultation pursuant to Government Code Section
65352.3(Senate Bill 18) for the for the City of Cupertino General Plan 2040 and Zoning
Code Amendments Project
Dear Chairperson Zwierlein,
The City of Cupertino (City) is proposing amendments to the Cupertino General Plan
2040 (proposed project). The proposed project would include the following:
• Housing Element Update. Pursuant to State law the Housing Element is required to be
updated every eight years to ensure an adequate amount and type of housing is
planned. The proposed modifications to the current Housing Element are required in
order to demonstrate the City’s capacity to meet its “fair share” of the region’s housing
needs over the 2023 to 2031 planning period. The update would include changes that
respond to new state laws related to affirmatively furthering fair housing, as well as
deletion of completed programs, consolidation of similar or related programs, new
programs responding to emerging issues, and amendments to other programs and/or
revised timelines. As a policy document, the Housing Element would not result in
physical changes to the environment but would encourage the provision of affordable
housing within the land use designations shown in the Land Use and Community
Character Element. Additional information on the Housing Element update can be
found at https://engagecupertino.org/hub-page/housingelement.
• Health and Safety Element Update. The current (2015) Health and Safety Element
addresses emergency preparedness and regional coordination, fire safety, public safety,
hazardous materials, electromagnetic fields, geologic and seismic hazards, flood
hazards, and noise hazards in Cupertino. However, the regulatory framework for
safety elements has changed since 2015, and therefore pursuant to State law, the
proposed Health and Safety Element update would include more information about
Page 2 of 6
extreme weather, to include best-available mapping for flood and wildfire risk, and to
comprehensively address the short-term and long-term threats posed by climate
change. Due to increased densities from the Housing Element update, the proposed
Health and Safety Element update would include an updated Noise Contour map.
• Mobility Element Update. The proposed Mobility Element update would reflect
changes in the standard method of measuring transportation impacts from level of
service (LOS) to vehicle miles traveled (VMT).
• Land Use and Community Character Element Update. The current Land Use and
Community Character Element contains the height and density regulations for
development in Cupertino. The proposed Land Use and Community Character
Element update would assign new levels of increased housing density in Cupertino
neighborhoods to be consistent with the updated Housing Element and Zoning Code
Update. The update would also include minor policy language changes for consistency
with the proposed Housing Element update.
• Zoning Code Update. The proposed Zoning Code update will ensure consistency with
the updated Housing Element. The proposed Zoning Code update would include site
development standards to ensure neighborhood compatibility and the provision of
important amenities for current and new city residents. Changes to City standards and
regulations necessary to implement the actions of the Housing Element are anticipated
to include parcel-specific rezoning and may include targeted updates to one or more
City-adopted Specific Plans.”
The city of Cupertino is located in the northwestern portion of Santa Clara County.
Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown
San José. Interstate 280 and State Route 85 provide regional access to the city. (See
attached Regional and Vicinity Map)
The City requested a Sacred Lands File search which was completed by Native
American Heritage Commission (NAHC) Cultural Resources Analyst, Cody
Champagne, on October 23, 2023, with negative results.
There are known cultural resources in the SEIR Study Area. The City also recognizes
that it is possible that unknown archaeological deposits associated with historic periods
of Santa Clara County history or unrecorded Native American prehistoric
archaeological sites could be buried under soils. For this reason, potential development
under the proposed project, the would be required to comply with Cupertino Municipal
Code (CMC) Section 17.04.050, Standard Environmental Protection Permit Submittal
Requirements, to protect any unknown prehistoric or historic subsurface cultural
resources, including tribal cultural resources, which may be discovered during ground-
disturbing activities. Specifically, CMC Section 17.04.050(E)(1) states:
1. Protect Archaeological Resources and Tribal Cultural Resources: For all projects
requiring ground-disturbing activities on land with no known archaeological or
Page 3 of 6
tribal cultural resources that has not been previously disturbed and/or where
ground-disturbing activities would occur at a greater depth or affect a greater area
than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where
there are no known cultural resources, prior to soil disturbance, the project
applicant shall provide written verification, including the materials provided to
contractors and construction crews, to the City confirming that contractors and
construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these
resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
iii. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to
define the deposit, and assessment of the remainder of the site within the
project area to determine whether the resource is significant and would
be affected by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist
shall consult with the appropriate tribe, as determined by the Native
American Heritage Commission, to evaluate the significance of the
resource and to recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
Page 4 of 6
Additionally, potential future development under the proposed project would be
required to comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98 to protect Human Remains and
Native American Burials pursuant to CEQA Guidelines Section 15064.5(e) (California
Code of Regulations) and CMC Section 17.04.050(E)(2), which requires contacting the
Santa Clara County Coroner, the Native American Heritage Commission, and the Most
Likely Descendant, if human remains are discovered and determined to be Native
American.
Pursuant to Government Code Section 65352.3(a)(2), (Senate Bill 18), the City is
contacting you to provide an opportunity for California Native American tribes to
participate in local land use decisions at an early planning stage, for the purpose of
protecting, or mitigating impacts to cultural places.
The input of your tribe is important to the City’s planning process. Please respond in
writing to this invitation to request consultation within 90 days of the date of this letter
if you wish to consult on the proposed project. If you require any additional
information or have any questions, please contact Luke Connolly, Assistant Director of
Community Development at (408)-777-1275 or by e-mail at LukeC@cupertino.org.
Thank you for your assistance.
Respectfully,
Luke Connolly
Assistant Director of Community Development
Attachment:
Regional and Vicinity Map
Page 5 of 6
Page 6 of 6
This page was intentionally left blank.