HomeMy WebLinkAboutPC 01-27-2026 Second Amended Searchable PacketTuesday, January 27, 2026
6:45 PM
CITY OF CUPERTINO
Amended
10350 Torre Avenue, Council Chamber and via Teleconference: and
Teleconference Location Pursuant to Gov. Code 54953(b)(2): C-174 Anand
Vihar, Delhi, Delhi 110092.
Planning Commission
SANTOSH RAO, CHAIR
TRACY KOSOLCHAROEN, VICE CHAIR
DAVID FUNG, COMMISSION MEMBER
SEEMA LINDSKOG, COMMISSION MEMBER
STEVEN SCHARF, COMMISSION MEMBER
IN PERSON AND TELECONFERENCE MEETING
For more information:
AGENDA
1
PC 01-27-2026 Second Amended Searchable Packet
1 of 100
Planning Commission Agenda January 27, 2026
Amended on 1/26/2026 at 9:55 p.m. to correct the teleconference link.
Amended on 1/23/26 at 10:25 a.m. to add agenda Item No. 4. and Teleconference Location.
Page 2
2
PC 01-27-2026 Second Amended Searchable Packet
2 of 100
Planning Commission Agenda January 27, 2026
2) Written Communications as follows:
A. E-mail comments to the City Council for Open Session at
publiccomment@cupertino.gov as follows:
a. E-mail comments must be received by 4:00 p.m. on the day of the meeting in order to be
forwarded to the City Council before the meeting.
b. Emailed comments received following agenda publication but prior to, or during, the
meeting, will be posted to the City’s website after the meeting.
c. These e-mail comments will also be received by each City Councilmember, the City
Manager, and the City Clerk’s Office. Comments on non-agenda items sent to any other
email address will be included upon the sender's request.
B. Regular mail or hand delivered addressed to the: City Council, City Hall, 10300 Torre
Avenue, Cupertino, CA 95014
3) Open Session Teleconference in one of the following ways:
A. Online via Zoom on an electronic device (Audio and Video): Speakers must register in
advance by clicking on the link below to access the meeting:
https://cityofcupertino.zoom.us/webinar/register/WN_ZZ5L2x6LTwi5Iv-Qe83ZTw
a) Registrants will receive a confirmation email containing information about joining the
webinar.
b) Speakers will be recognized by the name they use for registration. Once recognized,
speakers must click ‘unmute’ when prompted to speak.
c) Please read the following instructions about technical compatibility carefully: One can
directly download the teleconference (Zoom) software or connect to the meeting in their
internet browser. If a browser is used, make sure the most current and up-to-date browser,
such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+.
Certain functionality may be disabled in older browsers, including Internet Explorer.
B. By Phone (Audio only): No registration is required in advance and speakers may join
the meeting as follows:
a) Dial 669-900-6833 and enter WEBINAR ID: 858 2623 0965
b) To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6
c) Speakers will be recognized to speak by the last four digits of their phone number.
C. Via an H.323/SIP room system:
Join from an H.323/SIP room system:
H.323:
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 858 2623 0965
SIP: 85826230965@zoomcrc.com
Page 3
3
PC 01-27-2026 Second Amended Searchable Packet
3 of 100
Planning Commission Agenda January 27, 2026
D. Online via the teleconferencing device (Audio and Video) being used to provide access
to the meeting from a remote Teleconference Location noticed pursuant to Gov. Code
54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda.
a) Speakers are required to notify the City Clerk via email to cityclerk@cupertino.gov prior
to noon on the date of the meeting during which they plan to participate and comment from
the remote location noticed to ensure the City Clerk is prepared to accept their comment.
b) If the teleconferencing device malfunctions impeding access to the meeting from the
remote location, the speaker may alternatively participate via the other options for remote
participation provided above.
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approval of the December 9, 2025 Planning Commission Minutes.
Recommended Action: Approve the December 9, 2025 Planning Commission Minutes.
1 - Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the
Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans
will also be made available digitally during the hearing to consider the proposal.
Page 4
4
PC 01-27-2026 Second Amended Searchable Packet
4 of 100
Planning Commission Agenda January 27, 2026
2.Subject: Consider 1) a Hillside Exception for grading on slopes exceeding 30% in order
to create several flat yard areas, 2) an R-1 Exception for garage design, 3) a Design
Review Permit for a new two-story residence with second-story side setbacks of less
than 15 feet and a second to first floor area ratio exceeding 66%, 4) a Minor Residential
Permit for a balcony, and 5) a Tree Removal Permit for the removal and replacement of
five Protected native oak trees (ranging in size between 12-inches DBH to 18-inches
DBH) to allow the creation of the flat yard areas. (Application No(s).: EXC-2025-007,
EXC-2025-008, R-2024-029, RM-2024-028, TR-2024-043; Applicant(s): David
Kuoppamaki; Location: 22068 San Fernando Court; APN(s): 357 12 012).
Recommended Action: That the Planning Commission:
a. Find the project exempt from the California Environmental Quality Act (CEQA);
b. Conditionally approve R-2024-029, EXC-2025-007, and TR-2024-043; and
c. Approve EXC-2025-008 and RM-2024-028, based on the Draft Resolutions.
Staff Report
1 - EXC-2025-007 - Draft Resolution (Hillside Exception).docx
2 - EXC-2025-008 - Draft Resolution (R1 Exception).docx
3 - R-2024-029 - Draft Resolution (Design Review).docx
4 - RM-2024-028 - Draft Resolution (Minor Residential).docx
5 - TR-2024-043 - Draft Resolution (Tree Removal).docx
6 - Site Plan.pdf
OLD BUSINESS - None
NEW BUSINESS
3.Subject: Discuss and make a recommendation to appoint a Planning Commissioner to
the Economic Development Committee
Recommended Action: Recommend a Planning Commissioner to the City Council for
appointment to the Economic Development Committee.
Staff Report
4.Subject: Review of the proposed Mary Avenue public right-of-way vacation for
consistency with the General Plan.
Recommended Action: Adopt a Resolution (Attachment 1) finding that the Mary
Avenue public right-of-way vacation (APN 326-27-053) is consistent with the General
Plan.
Staff Report
1 - Draft Resolution
STAFF AND COMMISSION REPORTS
This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the
Commission and for Commissioners to report on any Commission related activities they have taken part
in since the prior regularly scheduled meeting.
Page 5
5
PC 01-27-2026 Second Amended Searchable Packet
5 of 100
Planning Commission Agenda January 27, 2026
FUTURE AGENDA SETTING
This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future
agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be
brief and without discussion by the Commission.
ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request in advance by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, Cupertino, California 95014 during normal business hours and in
Planning packet archives linked from the agenda/minutes page on the City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100, written communications sent to the City Council, Commissioners or staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
Page 6
6
PC 01-27-2026 Second Amended Searchable Packet
6 of 100
CITY OF CUPERTINO
Agenda Item
..Title
Subject:Approval of the December 9, 2025 Planning Commission Minutes.
Approve the December 9, 2025 Planning Commission Minutes.
CITY OF CUPERTINO Printed on 1/22/2026Page 1 of 1
7
PC 01-27-2026 Second Amended Searchable Packet
7 of 100
DRAFT MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, December 9, 2025
At 6:45 p.m. Chair Santosh Rao called the Regular Planning Commission meeting to order and
led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre
Avenue and via teleconference.
ROLL CALL
Present: Chair Santosh Rao, Vice Chair Tracy Kosolcharoen, and Commissioners Seema Lindskog,
David Fung, and Steven Scharf. Absent: None.
APPROVAL OF MINUTES
1. Subject: Approval of the November 12, 2025 Planning Commission Minutes.
Recommended Action: Approve the November 12, 2025 Planning Commission Minutes.
MOTION: Lindskog moved and Scharf seconded to approve the November 12, 2025
Planning Commission Minutes. The motion carried with the following vote: Ayes: Rao,
Kosolcharoen, Fung, Lindskog, Scharf Noes: None. Abstain: None. Absent: None.
POSTPONEMENTS – None
ORAL COMMUNICATIONS - None
PUBLIC HEARINGS
2. Subject: Consideration of a new residential development of 57 townhomes, including
11 affordable units, to replace two office buildings on a 2.6-acre site, located close to the
northeast corner of the intersection of Stevens Creek Blvd and Randy Lane.
(Application No(s): DP-2025-001, ASA-2024-016, TM-2024-010, TR-2024-045, &
U-2025-006; Applicant(s): Dividend Homes; Location: 20085 & 20111 Stevens Creek
Blvd. (A.P.N.: 316-23-025, -026)
Recommended Action: Staff recommend that the Planning Commission adopt the draft
resolutions recommending that the City Council:
1. Find the project exempt from the California Environmental Quality Act (CEQA)
2. Approve the following permits:
a. Development Permit (DP-2025-001) (Attachment 1);
8
PC 01-27-2026 Second Amended Searchable Packet
8 of 100
Planning Commission Minutes December 9, 2025
b. Use Permit (U-2025-006) (Attachment 2);
c. Architectural & Site Approval Permit (ASA-2024-016) (Attachment 3);
d. Tentative Final Map (TM-2024-010) (Attachment 4)
e. Tree Removal Permit (TR-2024-045) (Attachment 5)
Chair Rao opened the Public Hearing and the floor to ex-parte disclosures.
Assistant Director of Community Development Luke Connolly introduced Senior Planner
Gian Martire, who gave a presentation.
Assistant Director of Community Development Luke Connolly introduced the applicant, who
gave a presentation.
Commissioners asked questions which staff and the applicant responded to.
Chair Rao opened the public comment period and the following people spoke:
• Whitney McNair
• Todd McNair
• Jennifer Griffin
• Jerry Su
• Wayne Gong
• Rich Lordan
• Ed Hsiao
• Lisa Lee
Chair Rao closed the public comment period.
Chair Rao closed the public hearing.
MOTION: Kosolcharoen moved and Fung seconded to move the staff recommended action
with the modification to reduce the 4 units that are abutting Wheaton drive to two floors,
include hedges along the back, and consider additional trellising on the fences on the back wall.
The motion carried with the following vote: Ayes: Rao, Kosolcharoen, Fung, Lindskog.
Noes: Scharf. Abstain: None. Absent: None.
At 8:23 p.m., Chair Rao recessed the meeting. The meeting reconvened at 8:29 p.m. with all
Commissioners present.
3. Subject: Consider a new residential development of 32 townhomes, including 6
affordable units, to replace three office buildings on a 1.77-acre site, located mid-block
9
PC 01-27-2026 Second Amended Searchable Packet
9 of 100
Planning Commission Minutes December 9, 2025
corner on Stevens Creek Boulevard between Randy Lane and Blaney Avenue.
(Application No(s): DP-2025-002, ASA-2025-004, TM-2025-002, TR-2025-002, &
U-2025-007; Applicant(s): Dividend Homes; Location: 20045 & 20065 Stevens Creek
Blvd. (A.P.N.: 316-23-095, -096)
Recommended Action: That the Planning Commission adopt the draft resolutions
recommending that the City Council:
1. Find the project exempt from the California Environmental Quality Act (CEQA)
2. Approve the following permits:
a. Development Permit (DP-2025-002) (Attachment 1);
b. Use Permit (U-2025-007) (Attachment 2);
c. Architectural & Site Approval Permit (ASA-2025-004) (Attachment 3);
d. Tentative Final Map (TM-2025-002) (Attachment 4)
e. Tree Removal Permit (TR-2025-002) (Attachment 5)
Chair Rao opened the public hearing.
Senior Planner Gian Martire gave a presentation.
The applicant spoke.
Commissioners asked questions which staff and the applicant responded to.
Chair Rao opened the public comment period and the following people spoke:
• Whitney McNair
• Todd McNair
• Jennifer Griffin
Chair Rao closed the public comment period.
Chair Rao closed the public hearing.
MOTION: Rao moved and Lindskog seconded to move the staff recommended action with the
modification to reduce the 4 units that are abutting Wheaton drive to two floors, include hedges
along the back, and consider additional trellising on the fences on the back wall. The motion
carried with the following vote: Ayes: Rao, Kosolcharoen, Fung, Lindskog, Scharf. Noes:
None. Abstain: None. Absent: None.
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS –
10
PC 01-27-2026 Second Amended Searchable Packet
10 of 100
Planning Commission Minutes December 9, 2025
Assistant Director of Community Development Luke Connolly confirmed the date of the next
Planning Commission meeting and highlighted the upcoming Planning Commissioners Academy,
inviting Commissioners to indicate if they wished to register.
Assistant Director of Community Development Luke Connolly noted that a dozen housing projects
were forthcoming under AB130, with one scheduled for late January and one or two additional
projects anticipated in February.
FUTURE AGENDA SETTING – None
ADJOURNMENT
At 9:18 p.m. Chair Rao adjourned the Regular Planning Commission Meeting.
Minutes prepared by:
Lindsay Nelson, Administrative Assistant
11
PC 01-27-2026 Second Amended Searchable Packet
11 of 100
CITY OF CUPERTINO
Agenda Item
Subject: Consider 1) a Hillside Exception for grading on slopes exceeding 30% in order to create
several flat yard areas, 2) an R-1 Exception for garage design, 3) a Design Review Permit for a new
two-story residence with second-story side setbacks of less than 15 feet and a second to first floor
area ratio exceeding 66%, 4) a Minor Residential Permit for a balcony, and 5) a Tree Removal Permit
for the removal and replacement of five Protected native oak trees (ranging in size between 12-inches
DBH to 18-inches DBH) to allow the creation of the flat yard areas. (Application No(s).:EXC-2025-007,
EXC-2025-008, R-2024-029, RM-2024-028, TR-2024-043; Applicant(s): David Kuoppamaki; Location: 22068
San Fernando Court; APN(s): 357 12 012).
That the Planning Commission:
a. Find the project exempt from the California Environmental Quality Act (CEQA);
b. Conditionally approve R-2024-029, EXC-2025-007, and TR-2024-043; and
c. Approve EXC-2025-008 and RM-2024-028, based on the Draft Resolutions.
CITY OF CUPERTINO Printed on 1/22/2026Page 1 of 1
12
PC 01-27-2026 Second Amended Searchable Packet
12 of 100
PLANNING COMMISSION STAFF REPORT
Meeting: January 27, 2026
SUBJECT
The project consists of the following applications: 1) a Hillside Exception for grading on
slopes exceeding 30% in order to create several flat yard areas, 2) an R-1 Exception for
garage design, 3) a Design Review Permit for a new two-story residence with second-
story side setbacks of less than 15 feet and a second to first floor area ratio exceeding 66%,
4) a Minor Residential Permit for a balcony, and 5) a Tree Removal Permit for the removal
and replacement of five Protected native oak trees (ranging in size between 12-inches
DBH to 18-inches DBH) to allow the creation of the flat yard areas. (Application No(s).:
EXC-2025-007, EXC-2025-008, R-2024-029, RM-2024-028, TR-2024-043; Applicant(s): David
Kuoppamaki; Location: 22068 San Fernando Court; APN(s): 357 12 012)
RECOMMENDED ACTIONS
That the Planning Commission:
a. Find the project exempt from the California Environmental Quality Act (CEQA);
b. Conditionally approve R-2024-029, EXC-2025-007, and TR-2024-043; and
c. Approve EXC-2025-008 and RM-2024-028, based on the Draft Resolutions.
DISCUSSION
Project Data:
General Plan
Designation:
Residential (0-4.4 DU/Ac.)
Zoning Designation: R-1-7.5 (Single-family residential with a minimum lot area of
7,500 sq. ft.)
Net Lot Area 6,735 sq. ft. (0.16 acres)
Project Data Allowed Proposed
Floor Area 3,030.75 sq. ft. 3,030 sq. ft.
Floor Area Ratio 45% 45%
Second to First Floor
Area Ratio
66%* 81%*
Building Height 28 feet 26 feet, 9 inches
13
PC 01-27-2026 Second Amended Searchable Packet
13 of 100
Grading Quantity
(cubic yards)
2,500 cubic yards max.
(excluding basements)
420 cubic yards
Total Flat Yard Area 2,500 square feet max.
(excluding driveways)
~1,200 square feet
Setbacks Required Proposed
1st Floor 2nd Floor 1st Floor 2nd Floor
Front Setback 20’ 25’ 21’-8” 25’
Side Setbacks
Minimum: 5’
Combined: 15’
Minimum:
10’*
Combined: 25’
Left: 5’
Right: 10’-3”
Combined:
15’-3”
Left*: 13’
Right*: 12’-3”
Combined:
25’-3”
Rear Setback 20’ 25’ 37’-11” 41’-1”
Project Consistency with:
General Plan: Yes, as conditioned
Zoning: Yes, as conditioned (if exception is approved)
Notes:
* A Design Review Permit is required for residences with a second to first floor area ratio of more than
66% and/or second story side setbacks of less than 15 feet. As this project proposes both a second to first
floor area ratio of more than 66% and second story side setbacks of less than 15 feet, a Design Review
Permit has been required.
Background:
The project site (Figure 1) is located on a cul-
de-sac, San Fernando Court, within the
Monta Vista neighborhood in a Single-
Family Residential (R-1) zoning district. At
present, the project site is occupied with a
small one-story residence built in the 1950s
and is adjacent to a mix of comparable, older
one-story homes and larger two-story
homes built in recent decades. The rear of
the property adjoins Blackberry Farm Park.
The purpose of the R-1 district is to create,
preserve and enhance areas suitable for
detached, single-family dwellings. The
6,735-square-foot lot was created through a
subdivision in 1942 when the property was part of Santa Clara County. The lot is mostly
flat, with a significant (59%) downward slope in the rear.
Figure 1: Site Aerial
14
PC 01-27-2026 Second Amended Searchable Packet
14 of 100
The applicant, David Kuoppamaki, is proposing the demolition of the existing residence
and the construction of a new, contemporary-type designed, 3,030-square-foot, two-
story, single-family residence with a balcony. The proposal also includes grading of the
rear yard to create a flat yard area. Please refer to Attachment 6 for the site plan.1
Analysis:
Design Review and Minor Residential Permits
The proposed residence has second story side setbacks of less than 15 fee t and a second
to first floor area ratio of more than 66 percent. As such, a Two-Story Design Review
Permit is required. The addition of a balcony also requires a Minor Residential Permit to
ensure neighbor notification and review of proposed privacy measures.
While these permits are typically reviewed and approved at a staff level, the application
is being brought forward for Planning Commission approval in accordance with
Cupertino Municipal Code (“CMC”) Section 19.04.090. This Municipal Code section
notes that applications for land use entitlements may be combined in one application for
purpose of review and approval and that, in the event of such combination, the reviewing
body having final approval over the combined application shall be the highest body in
the City which must approve any element to the combined application.
Per CMC Section 19.28.110, projects that are subject to Design Review must meet the
City’s single-family design principles, which include a requirement that the proposed
design provide an identifiable architectural style that is reasonably compatible with the
predominant neighborhood design pattern. To ensure that these architectural design
requirements are met, staff refers projects subject to Design Review to an architectural
firm, RRM Design Group (“RRM”), that has been selected by the City for this purpose.
Through this permit’s review, RRM provided recommended feedback on the proposed
design, including that “the proposed design is not consistent with the predominant
neighborhood pattern and is not included as a preferred style in C MC 19.28.110,
Appendix A.” RRM specified that the proposed flat roof design contributed to building
massing that is disproportionate to the existing neighborhood pattern. While the
applicant has attempted to work with staff to address RMM’s design comments, , the
applicant’s revisions do not address comments related to the building’s massing and flat
roof design.
While the City allows flat roofs for some two-story residences, this allowance is based on
the existing pattern of roof designs in the neighborhood where the flat-roofed residence
1 Government Code Section 65103.5 limits the distribution of copyrighted material associated w ith the
review of development projects. Members of the public wishing to view plans that cannot otherwise be
distributed under state law may make an appointment with the Planning Division to view them at City
Hall by sending an email to planning@cupertino.gov.
15
PC 01-27-2026 Second Amended Searchable Packet
15 of 100
is proposed, as well as the reduction of the new construction’s second story massing. As
only one single-story residence with a flat roof is within a 500-foot radius of the proposed
residence, staff could not find that the new flat roof matched the “predominant
neighborhood pattern.” As such, staff recommends that the Planning Commission
approve the residence, subject to the conditions that the applicant revise the design to
reduce building mass by: 1) lowering the building height to ensure that all portions of the
first story fit within the required first story building envelope, and 2) adding sloped roof
elements to a minimum of 25% of the first story and 50% of the second story.
R-1 Exception
The applicant is also seeking an R-1 Exception to allow the proposed residence to include
an attached garage that is located closer to the street than the living area. The City’s R-1
design principles require that usable living area, not including any architectural feature,
porch, or patio, shall be a minimum of two feet closer to the street than the garage. This
requirement is intended to reduce the apparent mass or size of garages on new single-
family residences. This requirement, however, cannot always be met due to lot
constraints on the proposed development. In these instances, an R-1 Exception may be
approved to allow deviation from the City’s design standard.
In this case, the applicant proposes that the garage be located in front of the living area
to accommodate development within the existing flat areas of the lot and to accommodate
required side setbacks. The lot has a significant slope starting approximately 40 feet from
the rear property line. The lot also features a curved front property line, as it adjoins the
terminus of the cul-de-sac. Thus, requiring that the garage be setback behind the living
area would lead to a portion of the proposed residence being located on the steeply
sloping portion of the lot.
Due to the topography, many residences in the immediate neighborhood were
constructed with a garage configuration similar to what is proposed; at least five other
homes on the cul-de-sac have a garage that is located in front of or in alignment with the
residence’s living area. The proposed garage is also in alignment with the existing
driveway opening, keeping with existing driveway pattern of the neighborhood.
With consideration given to the existing neighborhood pattern as well as the grade
restrictions of the lot, staff recommends approval of this R-1 Exception (EXC-2025-008) to
allow for a garage that is located closer to the street than the living area.
Hillside Exception
The R-1 Ordinance, referencing the standards of the RHS Ordinance, CMC Chapter 19.40,
prohibits any structures or improvements over 500 square feet in area on slopes greater
than 30%, unless an exception is granted. The intent of the requirement is to minimize
and discourage unnecessary hillside grading activities and visual disturbances.
16
PC 01-27-2026 Second Amended Searchable Packet
16 of 100
However, if the project/property presents unique circumstances or hardships (typically
physical/topographic challenges), the City may consider an exception provided that the
project is designed to minimize the extent of the exception and impacts to the
surrounding hillside. The City has historically granted exceptions to allow reasonable
development of steeper hillside properties planned for residential or allowed accessory
uses.
While much of the subject property is nearly flat, the rear 40 feet of the property has an
average slope of 59%. Therefore, almost any development or grading on the rear of the
property will require the City to consider a hillside exception request. This rear area also
contains 12 native Coast Live Oak trees, six with a trunk diameter at breast height
(“DBH”) of less than 12 inches, five with a DBH between 12 and 24 inches, and one with
a DBH of 36 inches.
The City’s Protected Tree Ordinance, CMC Chapter 14.18, requires a Tree Removal
Permit for the removal of any listed specimen tree with a DBH of 12 inches or more. The
applicant has, therefore, requested the removal of all oak trees on the property with the
exception of the 36-inch oak tree. As these oak trees are considered protected specimens,
a Tree Removal Permit is required for the removal of the five trees with a DBH between
12 and 24 inches.
The proposed residence will be located almost entirely on the existing flat portion of the
property. However, the applicant is requesting a Hillside Exception to allow for grading
on the 59% slopes to allow for the creation of a usable flat yard area. Other homes in the
neighborhood have been developed with similar flat yard areas and on similar degrees
of slopes; however, as many of these homes were originally developed and graded prior
to the neighborhood being annexed into the City of Cupertino, they were not subject to a
Hillside Exception.
The applicant’s original proposal included grading of the entire rear area of the property.
This design posed concerns related to drainage and runoff, the visual impact of retaining
walls from the adjoining Blackberry Farm Park, and potential disturbance and
compaction within the root zone of the 36-inch oak tree that is to be retained.
To modify the proposed design to address concerns related to drainage, visible retaining
wall height, and intrusion into the exist ing 36-inch oak’s root zone staff recommends
approval of the Hillside Exception to allow for the addition of usable flat rear yard area,
with the conditions that the usable flat yard areas be limited to the area bounded by a 10-
foot setback from the rear property line, a five-foot setback from the 36-inch oak tree
dripline, and a requirement that the visible height of the retaining walls does not exceed
five feet. The required 10-foot setback will allow for drainage and runoff requirements to
17
PC 01-27-2026 Second Amended Searchable Packet
17 of 100
be met. Additionally, while the property is mostly screened by existing trees along
Stevens Creek Trail, the setback will provide for an additional buffer between the
retaining walls and the trail, therefore reducing potential visual impacts when viewed
from the trail.
Staff is also recommending approval of the removal of four of the five protected oak trees,
excepting one 12-inch oak tree located at the base of the sloped area which can be
reasonably protected through the revised grading design. The project has also bee n
conditioned to provide replacement trees, with an added requirement that any
replacement trees be planted in the rear setback to add to the landscape buffer between
the property and the trail.
Geological Review
The property is in a liquefaction-inundation and slope instability hazard zone. The City’s
consulting geologist, Cotton Shires Associates, has peer reviewed the geotechnical and
geologic report submitted by the project geologist, Murray Engineers, Inc., and concludes
that report is reasonable and the project geotechnically feasible. The City’s geologist
recommended that geotechnical plan review and geotechnical construction inspections
occur at the time a Building Permit is processed. The recommendations of the City’s
geologist are incorporated as project conditions of approval.
Cupertino Municipal Code Findings:
The Cupertino Municipal Code includes ‘findings’ for approval of various permits
necessary to approve the proposed project. These provide a framework for making
decisions and facilitating an orderly analysis of the review of a project. The findings for
the Hillside Exception, R1 Exception, Tree Removal Permit, Design Review Permit, and
Minor Residential Permit sought by the applicant that the City must make in rendering a
decision whether to grant an exception on this project have been outlined and responded
to in their respective resolutions (Attachments 1 through 5).
Environmental Assessment:
The project is categorically exempt from the requirements of the California
Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.)
(“CEQA”), together with the State CEQA Guidelines (California Code of Regulations,
Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), pursuant to CEQA
Guidelines section 15303. The exemption applies to new construction or conversion of
small facilities or structures, including single-family residences (see CEQA Guidelines §
15303(a)) and none of the exceptions to the categorical exemptions in CEQA Guidelines
section 15300.2 apply.
18
PC 01-27-2026 Second Amended Searchable Packet
18 of 100
PUBLIC NOTICING & OUTREACH
The following table is a brief summary of the noticing done for this project:
No public comments have been received as of the date of production of this staff report
(January 22, 2026).
NEXT STEPS
Should the project be approved, the Planning Commission’s decision on this proposal is
final unless an appeal is filed within 14 calendar days (by February 10, 2026) from the
date of the decision. The applicant may apply for building and other permits at the end
of the appeal period.
This approval expires on January 27, 2028, at which time the applicant may apply for a
one-year extension.
Prepared by: Emi Sugiyama, Senior Planner
Reviewed and Approved for Submission by: Luke Connolly, Assistant Director of
Community Development
ATTACHMENTS:
1 – Draft Resolution for EXC-2025-007 (Hillside Exception)
2 – Draft Resolution for EXC-2025-008 (R1 Exception)
3 – Draft Resolution for R-2024-029 (Design Review)
4 – Draft Resolution for RM-2024-028 (Minor Residential Permit)
5 – Draft Resolution for TR-2024-043 (Tree Removal Permit)
6 – Site Plan
Public Notice Agenda
Site Signage (14 days prior to hearing)
35 public hearing notices mailed to
property owners within 300 feet (10
days prior to hearing)
Posted on the City’s official notice bulletin
board (at least 72 hours prior to the hearing)
Posted on the City of Cupertino’s website
(at least 72 hours prior to the hearing)
19
PC 01-27-2026 Second Amended Searchable Packet
19 of 100
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2026-XX
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW FOR THE
CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE WITH
CUMULATIVE DISTURBANCE EXCEEDING 500 SQUARE FEET ON
SLOPES GREATER THAN OR EQUAL TO 30% LOCATED AT 22068 SAN
FERNANDO COURT(A.P.N. 357 12 012)
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2025-007
Applicants: David Kuoppamaki
Location: 22068 San Fernando Court; APN: 357 12 012
SECTION II: FINDINGS FOR A HILLSIDE EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Hillside Exception as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 153 03 for the reasons
set forth in the staff report dated January 27, 2026 and incorporated herein; and
WHEREAS, on January 27, 2026, the Planning Commission held a duly noticed public
hearing to receive public testimony on the Project, including the categorical CEQA
exemption in CEQA Guidelines section 15303, and reviewed and considered the
information contained in the staff report pertaining to the Project, all other pertinent
documents, and all written and oral statements received by the Planning Commission at
or prior to the public hearing; and
20
PC 01-27-2026 Second Amended Searchable Packet
20 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 2
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds as follows, with regard to this application,
that:
1. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to public health and safety;
The proposed site is situated on a public road, San Fernando Court. The previously lot is
surrounded by existing single-family residences. A geotechnical study has been conducted
for the proposed project and recommendations of the geotechnical consultant have been
incorporated into the development conditions of the approval. In addition, the development is
required to meet the Best Management Practices (BMPs), as required by the State Water
Resources Control Board and the Bay Area Air Quality Management District’s (BAAQMD)
air quality standards for construction activities. The project is also required to adhere to the
City’s C.3 Municipal Permit for stormwater runoff management. Therefore, the development
will not be injurious to property or improvements in the area nor be detrimental to the public
health and safety.
2. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic;
The proposed residence will be serviced by an existing driveway located off of San Fernando
Court. The location of the driveway is not unique from the location of the driveways of other
properties that share road. The maintenance of the existing driveway for a replacement
single-family home is not expected to create a hazardous condition for pedestrian or vehicular
traffic. During construction, the developer must also submit a traffic control plan by a
Registered Traffic Engineer to be approved by the City. The plan shall include a temporary
traffic control plan for work in the right of way as well as a routing plan for all vehicles used
during construction. Therefore, the development will not create hazardous conditions for
pedestrian or vehicular traffic.
3. The proposed development has legal access to public streets and public services are
available to serve the development;
The property will be accessed by an existing driveway off of San Fernando Court. In
addition, water and sewer connections are already available on the property. The project has
been reviewed by the County Fire Department for fire access and requirements from the Fire
Department have been incorporated into the projects design. Therefore, the development has
legal access to public streets and public services to serve the development.
21
PC 01-27-2026 Second Amended Searchable Packet
21 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 3
4. The proposed development requires an exception which involves the least
modification of, or deviation from, the development regulations prescribed in this
chapter necessary to accomplish a reasonable use of the parcel;
As the rear 40 feet of the parcel is steep, with an average slope of 59%, any development in
the rear 40 feet of the property that would affect more than 500 square feet of the slope (e.g.
any grading for a home, structure, or yard in an area over 500 square feet) would require a
Hillside Exception. The proposed residence is sited on the flattest portion of the lot, adjacent
to the street. The proposed grading for flat yard areas in the rear 40 feet, as conditioned, will
follow the contours of the site to minimize grading, minimize the removal of oak trees and
reduce the visibility of retaining walls necessary on site to develop the property in a manner
consistent with the Residential Hillside ordinance.
Aside from the exception to allow more than 500 square feet of construction on slopes greater
than 30%, the proposed development will comply with all other development regulations of
the RHS and R1 zoning districts including, but not limited to, building height, setbacks, and
floor area. The development, as conditioned, involves the least modification of the prescribed
development regulations necessary to accomplish a reasonable use of the parcel.
5. All alternative locations for development on the parcel have been considered and
have been found to create greater environmental impacts than the location of the
proposed development;
The majority of construction has been sited on the existing flat area of the parcel. The
proposed grading on the steeply sloping portion of the site is limited to the addition of flat
yard area. The size of the lot limits the ability to relocate this flat yard area. The siting and
design of the proposed retaining walls for the flat yard areas will follow the contours of the
site to minimize grading. As conditioned, the flat yard area has been designed to minimize
the removal of oak trees and reduce the visibility of all retaining walls necessary to develop
the property in a manner consistent with the purpose of the Hillside Ordinance.
Other alternative locations for development on the parcel would result in greater grading on
the site, grading of steeper slopes, an increased removal of additional native trees than
currently proposed, and an increased number and height of retaining walls required to
accommodate the development. The proposed development has been located to minimize
environmental and grading impacts on the site.
6. The proposed development does not consist of structures on or near known
geological or environmental hazards which have been determined by expert
testimony to be unsafe or hazardous to structures or persons residing therein (See
General Plan Policy 2-49);
22
PC 01-27-2026 Second Amended Searchable Packet
22 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 4
The geotechnical report and peer review do not indicate any conflicts with geological or
environmental hazards. Additionally, recommendations of the geotechnical engineers have
been incorporated into the conditions of approval in order to ensure structural stability of the
proposed building. Therefore, the proposed development does not consist of structures that
have been determined by expert testimony to be unsafe or hazardous to structures or persons
residing therein.
7. The proposed development includes grading and drainage plans which will ensure
that erosion and scarring of the hillsides caused by necessary construction of roads,
housing sites, and improvements will be minimized (See General Plan Policies 2-53,
2-54 and 2-57);
The proposed development, as conditioned, follows, as closely as possible, the primary natural
contours of the lot to minimize erosion and scarring of the hillsides caused by necessary
construction of the housing site and improvements. Preliminary drainage and grading plans
have been reviewed, and will continue to be reviewed through the Building Permit process,
by the City Engineer and the City’s consultant geotechnical engineers to ensure the safety of
the development and of those neighboring residences.
8. The proposed development does not consist of structures which would disrupt the
natural silhouette of ridgelines as viewed from established vantage point s on the
valley floor unless either:
a. The location of a structure on a ridgeline is necessary to avoid greater negative
environmental impacts; or
b. The structure could not otherwise be physically located on the parcel and the
size of the structure is the minimum which is necessary to allow for a
reasonable use of the parcel (See General Plan Policies 2-46, 2-47 and 2-48);
The subject site is not located within an identified ridgeline and the highest point of the site is
located approximately 250 feet below and 0.75 miles away from the nearest ridgeline. Thus,
the proposed project will not consist of structures which would disrupt the natural silhouette
of ridgelines as viewed from established vantage points on the valley floor.
9. The proposed development consists of structures incorporating designs, colors,
materials, and outdoor lighting which blend with the natural hillside environment
and which are designed in such a manner as to reduce the effective visible mass,
including building height, as much as possible without creating other negative
environmental impacts (See General Plan Policies 2-46, 2-50, 2-51 and 2-52);
including
The applicant is required to use natural earth tone and/or vegetation colors, which blend with
the natural hillside environment for all portions of development that occur along the steeply
sloping portion of the lot (as a condition of approval) and has designed the project in such a
23
PC 01-27-2026 Second Amended Searchable Packet
23 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 5
manner as to reduce the effective visible mass to surrounding neighbors as much as possible.
In addition, the project is conditioned to plant additional trees within the area of disturbance
and retain the existing trees in order to further reduce the effective visible mass of the
proposed retaining walls and flat yard areas.
10. The proposed development is located on the parcel as far as possible from public
open space preserves or parks (if visible there from), riparian corridors, and wildlife
habitats unless such location will create other, more negative environmental impacts
(See General Plan Policies 2-55, 5-14 and 5-28);
The project is within the vicinity of the Stevens Creek Trail and may be visible from certain
vantage points along a nearby portion of the trail. However, the residence has been proposed
along the furthest property line from the trail and the existing trees and vegetation are
expected to lessen the potential visual impacts from the residence. The parcel is not located
adjacent to a riparian corridor or wildlife habitat and is adjacent to other developed properties
with a similar zoning. Since wildlife are expected to traverse the property, the development
has been required as a condition of approval to limit the fencing allowed on site in order to
allow the migration of wildlife habitats.
11. The proposed development includes a landscape plan, which retains as many
specimen trees as possible, which utilizes drought-tolerant native plants and ground
covers consistent with nearby vegetation, and which minimizes lawn areas (See
General Plan Policies 2-54, 5-15 and 5-16);
A preliminary landscape plan has been provided and evaluated, and the project is conditioned
to provide a landscape plan to be reviewed and approved prior to Building Permit issuance.
The project, as conditioned, would preserve portions of the existing natural landscape on the
site in order to protect in place existing specimen trees. The project is required to comply
with Chapter 14.15: Landscape Ordinance of the City of Cupertino’s Municipal Code (CMC)
and additionally required to minimize turf areas on hillsides, with turf being completely
disallowed on slopes greater than 25%. The installation of invasive plant species and noxious
weeds is prohibited.
Through the proposed site design and conditions of approval, which limit invasive species of
plants and turf areas, a balance between the residential development and preservation of the
natural hillside setting will be maintained.
12. The proposed development confines solid fencing to the areas near a structure
rather than around the entire site (See General Plan Policy 5-17); and
Consistent with the City’s fence requirements for Hillside properties, no limit has been
placed on solid fencing on the property as the property is less than 10,000 square feet in size.
However, as conditioned, solid fencing shall not be allowed along or facing the rear property
line to avoid additional visual impacts from Stevens Creek Trail.
24
PC 01-27-2026 Second Amended Searchable Packet
24 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 6
13. The proposed development is otherwise consistent with the City's General Plan and
with the purposes of this chapter as described in Section 19.40.010.
The development meets the development standards for RHS and R1 zoned properties, as
applicable, and is consistent with the City's General Plan and with the purposes of Chapter
19.40 as described in Section 19.40.010. These have been described in detail in each of the
findings above.
WHEREAS, the Planning Commission has independently reviewed and considered the
Project and the basis for the exemption prior to taking any approval actions on the
Project, and exercising its independent judgment, based upon the entire record before it,
has determined that the Project is exempt from CEQA pursuant to CEQA Guidelines
section 15303, which applies to new construction or conversion of single-family
residences and accessory structures; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15303. The exemption in CEQA
Guidelines section 15303 applies to new construction or conversion of single-family
residences and accessory structures. The proposed project is a new single-family
residence.
2. Approves the application for a Hillside Exception, Application no. EXC-2025-007
subject to the conditions which are enumerated in this Resolution beginning on PAGE
6 thereof. The conclusions and sub-conclusions upon which the findings and
conditions specified in this resolution are based, including those contained in the
Public Hearing record concerning Application no. EXC-2025-007 as set forth in the
Minutes of Planning Commission Meeting of January 27, 2026, are hereby
incorporated by reference as though fully set forth herein.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing recitals are true
and correct and are included herein by reference as findings.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
General Conditions of Approval
1. APPROVED EXHIBITS
Approval is based on the plan set consisting of twenty one (21) sheets, labeled Sheets
25
PC 01-27-2026 Second Amended Searchable Packet
25 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 7
CRV1, C-0, C-2, PLN1 through PLN4, A0.1 through A0.3, A2.1, A2.2, A3.1, A3.2,
A4.1, A5.1 through A5.3, L-1 through L-3, and TOPO, submitted by the Applicants.
Plans shall be revised to ensure that the usable flat yard areas be limited to the area
bounded by a 10-foot setback from the rear property line, a five-foot setback from
the 36-inch oak tree dripline, and that the visible height of the retaining walls does
not exceed five feet.
These plans are approved, with the modifications outlined above, and as may be
amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EXC-2025-008, R-2024-029, RM-
2024-028, and TR-2024-043 shall be applicable to this approval.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
4. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary
building permits prior to commencement of work.
5. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible for verifying all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or construction
records. Any misrepresentation of any property data may invalidate this approval
and may require additional review.
6. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on
exterior color, material, architectural treatments and/or embellishments) shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits. The exterior colors and materials used for retaining
walls shall be natural earth tones and have low light reflectivity values of 60 or less.
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Any exterior changes determined to be substa ntial by the
Director of Community Development shall require a minor modification approval
with neighborhood input.
26
PC 01-27-2026 Second Amended Searchable Packet
26 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 8
7. FENCES
Fencing shall comply with the City’s Fence Ordinance (Municipal Code Chapter
19.48) and be installed with appropriate design review and permit approvals. Solid
fencing shall not be allowed within the rear yard areas facing the rear property line.
Additionally, fence height for solid fencing shall be measured from the lowest point
of adjoining grade and shall include the height of any retaining wall.
8. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
Conditions Prior to Building Permit Issuance
9. REVISIONS TO PLANS
Prior to Building Permit issuance, the applicant shall revise plans in accordance with
the required revisions outlined in Condition #1 of this resolution. Plans shall be
reviewed and approved by the Director of Community Development or their
designee prior to Building Permit issuance.
10. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Prior to commencement of construction activities, the applicant shall arrange for a
pre-construction meeting with the pertinent departments (including, but not limited
to, Building, Planning, Public Works, Santa Clara County Fire Department), prior to
issuance of grading and/or building permits, to review an applicant-prepared
construction management plan including, but not limited to:
a. Plan for compliance with conditions of approval
b. Plan for public access during work in the public right-of-way, if applicable
c. Construction staging area
d. Construction schedule and hours
e. Construction phasing plan, if any
f. Contractor parking area
g. Tree preservation/protection plan
h. Site dust, noise and storm run-off management plan
i. Emergency/complaint and construction site manager contacts
11. TREE PROTECTION
Per City Code Section 14.18.210, prior to issuance of any Building Permit, the
applicant must include the City’s standard tree protection measures, outlined in
Appendix A of City Code Chapter 14.18, on the plan. Please note that an ISA-
27
PC 01-27-2026 Second Amended Searchable Packet
27 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 9
certified arborist will be required to verify the health of the tree and that the tree
protection measures are in place prior to construction. The arborist w ill also need to
verify the health of the tree following construction.
12. BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved plans to comply with development
standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development
Requirements. In the event changes are proposed from the approved plans, said
changes must be reviewed and approved by the Director of Community
Development or their designee. The applicant shall provide all necessary
documentation required to determine compliance with the Municipal Code.
13. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved lighting plans to comply with
development standards of Cupertino Municipal Code Section 19.102.040 Outdoor
Lighting Requirements. In the event changes are proposed from the approved plans,
said changes must be reviewed and approved by the Director of Community
Development or their designee. The applicant shall provide all documentation
required to determine compliance with the Municipal Code.
14. RETAINING WALL CONSTRUCTION
Prior to issuance of Building Permits, the applicant shall ensure that plans are
revised to ensure that all retaining walls are designed in accordance with the
requirements of Municipal Code Section 16.08.200.
15. TREE PROTECTION BOND
Prior to grading permit issuance, a tree protection bond is required for all trees
slated for preservation. The bond shall be for an amount equivalent to their
replacement.
16. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape
project submittal per section 14.15.040 of the Landscaping Ordinance. The Water-
Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water Budget Calculations shall be reviewed and approved to the
satisfaction of the Director of Community Development prior to issuance of building
permits.
28
PC 01-27-2026 Second Amended Searchable Packet
28 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 10
A licensed landscape architect shall review grading plans and shall, in consultation
with the applicant and the City Engineer, submit a plan to prevent soil erosion and
to screen cut and fill slopes. All cut and fill shall be rounded to contour with natural
contours and planted with landscaping which meets the requirements in Section
19.40.050G. Proposed landscaping shall not include the use of invasive species and
turf area shall be limited to slopes of less than 25%.
17. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irrigation system have been installed and
prior to final occupancy. The findings of the assessment shall be consolidated into a
landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to
confirm that the landscaping and irrigation system are installed as specified in the
landscape and irrigation design plan, system tune-up, system test with distribution
uniformity, reporting overspray or run-off that causes overland flow, and
preparation of an irrigation schedule.
The landscape installation report shall include the following statement: “The
landscape and irrigation system have been installed as specified in the landscape
and irrigation design plan and complies with the criteria of the ordinance and the
permit.”
18. GEOTECHNICAL PLAN REVIEW AND SUPPLEMENTAL GEOTECHNICAL
CONSIDERATIONS
The applicant's geotechnical consultant shall review and approve all geotechnical
aspects of the development plans (i.e., site preparation and grading, site drainage
improvements and design parameters for building foundations and retaining walls)
to ensure that their recommendations have been properly incorporated. The
following should be specifically addressed:
The Project Geotechnical Consultant should review the retaining wall profiles
provided by the Civil Engineer (or generate their own) to assure that their
geotechnical design criteria are appropriate for the tiered walls.
29
PC 01-27-2026 Second Amended Searchable Packet
29 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 11
The Structural Plans/Calculations and Geotechnical Plan Review should be
submitted to the City for review by the City staff prior to issuance of building
permits.
19. SCREENING
All mechanical and other equipment on the building or on the site shall be screened
so they are not visible from public street areas or adjoining developments. Screening
materials/colors shall match building features and materials. The height of the
screening shall be taller than the height of the mechanical equipment that it is
designed to screen. The location of equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits.
20. COORDINATION OF OFF-SITE IMPROVEMENTS
The applicant shall communicate and coordinate all off-site road improvements and
utility extensions with affected adjacent property owners.
21. SCREENING OF RETAINING WALLS
As part of the building permit submittal the applicant shall prepare a landscape plan
that screens visible retaining walls and grading scars from public street views and
views from the adjoining Stevens Creek Tail. The screening shall be accomplished
through a combination of trees, shrubs and vines and pigmented concrete/rock wall
matched to the surrounding soils for the review and approval of the Director of
Community Development.
22. FIELD MOCK-UP OF EXTERIOR COLORS/TREATMENTS
Prior to issuance of the building permit, final colors and materials shall be assembled
and included with the construction plans. After the framing inspection and prior to
installation, the exterior colors and materials shall be mocked -up in the field for the
review and approval of the Director of Community Development.
23. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all
permit plans, the full text of each of the Bay Area Air Quality Management District’s
Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality
Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive
dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing
activities and/or construction.
24. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT
30
PC 01-27-2026 Second Amended Searchable Packet
30 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 12
Prior to issuance of the first building permit, the Applicant shall include a note on all
plans where paint specifications or other design specifications are listed, that the
project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or
less) for interior and exterior wall architectural coatings.
25. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City’s Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall
demonstrate compliance with daytime and nighttime decibel limits pursuant to
Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The
details of the Construction Noise Control Plan shall be included in the
applicable construction documents and implemented by the on-site
Construction Manager. Noise reduction measures selected and implemented
shall be based on the type of construction equipment used on the site, distance
of construction activities from sensitive receptor(s), site terrain, and other
features on and surrounding the site (e.g., trees, built environment) and may
include, but not be limited to, temporary construction noise attenuation walls,
high quality mufflers. During the entire active construction period, the
Construction Noise Control Plan shall demonstrate that compliance with the
specified noise control requirements for construction equipment and tools will
reduce construction noise in compliance with the City’s daytime and nighttime
decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior to
the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use
for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use
of noise producing signals, including horns, whistles, alarms, and bells will be
for safety warning purposes only. The construction manager will use smart
back-up alarms, which automatically adjust the alarm level based on the
31
PC 01-27-2026 Second Amended Searchable Packet
31 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 13
background noise level or switch off back-up alarms and replace with human
spotters in compliance with all safety requirements and law.
26. PALEONTOLOGICAL RESOURCES
Prior to issuance of the any demolition, grading or building permit, include on plans
a note that, during project construction, the project applicant shall implement the
following measures:
a. If paleontological resources are encountered during ground disturbing and/or
other construction activities, all construction shall be temporarily halted or
redirected to allow a qualified paleontologist, which shall be retained by the
project applicant, to assess the find for significance and the Applicant shall
notify the City.
b. If paleontological resources are found to be significant, the paleontological
monitor shall determine appropriate actions, in coordination with a qualified
paleontologist, City staff, and property owner . Appropriate actions may
include, but are not limited to, a mitigation plan formulated pursuant to
guidelines developed by the Society of Vertebrate Paleontology and
implemented to appropriately protect the significance of the resource by
preservation, documentation, and/or removal, prior to recommencing activities.
Measures may include, but are not limited to, salvage of unearthed fossil
remains and/or traces (e.g., tracks, trails, burrows); screen washing to recover
small specimens; preparation of salvaged fossils to a point of being ready for
curation (e.g., removal of enclosing matrix, stabilization and repair of
specimens, and construction of reinforced support cradles); and identification,
cataloging, curation, and provision for repository storage of prepared fossil
specimens.
27. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of the any demolition, grading and building permit, indicate the
following on all construction plans:
a. Demolition, construction, ground-disturbing, and tree removal/pruning activities
shall be scheduled to be completed prior to nesting season (February 1 through
August 31), if feasible.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities
occur during the nesting season (February 1 and August 31), preconstruction
surveys shall be conducted as follows:
32
PC 01-27-2026 Second Amended Searchable Packet
32 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 14
i. No more than 7 days prior to the start of demolition, construction, ground -
disturbing, or tree removal/pruning activities, in order to identify any active
nests with eggs or young birds on the sit e and surrounding area within 100
feet of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until
demolition, construction, ground-disturbing, or tree removal/pruning
activities have been initiated in the area, after which surveys can be stopped.
As part of the preconstruction survey(s), the surveyor shall inspect all trees
and other possible nesting habitats in, and immediately adjacent to, the
construction areas for active nests, while ensuring that they do not disturb
the nests as follows:
1) For projects that require the demolition or construction one single-family
residence, ground disturbing activities affecting areas of up to 500
square feet, or the removal of up to three trees, the property owner or a
tree removal contractor, if necessary, is permitted to conduct the
preconstruction surveys to identify if there are any active nests. If any
active nests with eggs or young birds are identified, the project applicant
shall retain a qualified ornithologist or biologist to identify protective
measures.
2) For any other demolition, construction and ground disturbing activity or
the removal of four or more trees, a qualified ornithologist or biologist
shall be retained by the project applicant to conduct the preconstruction
surveys.
iii. If the preconstruction survey does not identify any active nests with eggs or
young birds that would be affected by demolition, construction, ground-
disturbing or tree removal/pruning activities, no further mitigating action is
required. If an active nest containing eggs or young birds is found
sufficiently close to work areas to be disturbed by these activities, their
locations shall be documented, and the qualified ornithologist or biologist
shall identify protective measures to be implemented under their direction
until the nests no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing,
such as orange construction fencing or equivalent) around each nest location
as determined by the qualified ornithologist or biologist, taking into account
the species of birds nesting, their tolerance for disturbance and proximity to
existing development. In general, exclusion zones shall be a minimum of 300
feet for raptors and 75 feet for passerines and other birds. The active nest
33
PC 01-27-2026 Second Amended Searchable Packet
33 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 15
within an exclusion zone shall be monitored on a weekly basis throughout
the nesting season to identify signs of disturbance and confirm nest ing
status. The radius of an exclusion zone may be increased by the qualified
ornithologist or biologist, if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the qualified
ornithologist or biologist only in consultation with California Department of
Fish and Wildlife. The protection measures and buffers shall remain in effect
until the young have left the nest and are foraging independently or the nest
is no longer active.
v. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be prepared by the qualified ornithologist or
biologist and submitted to the Director of Community Development or his
or her designee, through the appropriate permit review process (e.g.,
demolition, construction, tree removal, etc.), and be completed to the
satisfaction of the Community Development Director prior to the start of
demolition, construction, ground-disturbing, or tree removal/pruning
activities.
28. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Prior to the issuance of any demolition, grading or building permit involving soil
disturbance, the project applicant shall provide written verification, including the
materials provided to contractors and construction crews, to the City confirming
that contractors and construction crews have been notified of basic archaeological
site indicators, the potential for discovery of archaeological resources, laws
pertaining to these resources, and procedures for protecting these resources as
follows:
a. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal,
fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of
stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials,
either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
c. The laws protecting these resources and associated penalties, including, but not
limited to, the Native American Graves Protection and Repatriation Act of 1990,
Public Resources Code Section 5097, and California Health and Safety Code
Section 7050 and Section 7052.
34
PC 01-27-2026 Second Amended Searchable Packet
34 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 16
d. 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.
29. HUMAN REMAINS AND NATIVE AMERICAN BURIALS
Prior to issuance of the any demolition, grading and building permits that involve
soil disturbance, include on plans a note that, during project construction, the project
applicant shall comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98.
a. In the event of discovering human remains during construction activities, there
shall be no further excavation or disturbance of the site within a 100 -foot radius
of the remains, or any nearby area reasonably suspected to overlie adjacent
remains.
b. The Santa Clara County Coroner shall be notified immediately and shall make a
determination as to whether the remains are Native American.
c. If the Santa Clara County Coroner determines that the remains are not subject to
his authority, he shall notify the Native American Heritage Commission (NAHC)
within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of
the deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site to
make recommendations or preferences regarding the disposition of the remains.
If the Most Likely Descendant does not make recommendations within 48 hours
after being allowed access to the project site, the owner shall, with appropriate
35
PC 01-27-2026 Second Amended Searchable Packet
35 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 17
dignity, reinter the remains in an area of the property secure from further
disturbance and provide documentation about this determination and the
location of the remains to the NAHC and the City of Cupertino. Alternatively, if
the owner does not accept the Most Likely Descendant’s recommendations, the
owner or the descendent may request mediation by the NAHC. Construction
shall halt until the mediation has concluded.
30. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall
be prepared by a certified arborist for protected trees as applicable. In addition, the
following measures shall be added to the protection plan:
For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City’s consulting arborist
shall be consulted before any trenching or root cutting beneath the dripline of
the tree.
Wood chip mulch shall be evenly spread inside the tree projection fence to a
four-inch depth.
Tree protection conditions shall be posted on the tree protection barriers.
Retained trees shall be watered to maintain them in good health.
A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City’s consulting arborist shall
inspect the trees to be retained and shall provide reviews prior to issuance of
demolition, grading or building permits.
Conditions During Construction
31. CONSTRUCTION HOURS
The applicant shall comply with any applicable standards in Chapter 10.48,
Community Noise Control, of the Cupertino Municipal Code. The developer shall be
responsible for educating all contractors and subcontractors of said construction
restrictions. Rules and regulation pertaining to all construction activities and
limitations identified in this permit, along with the name and telephone number of a
developer appointed disturbance coordinator, shall be posted in a prominent
36
PC 01-27-2026 Second Amended Searchable Packet
36 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 18
location at the entrance to the job site and along Regnart Road, prior to
commencement of demolition and/or grading activities.
32. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible to the satisfaction of the Building Official. The applicant shall provide
evidence that materials were recycled prior to final sign off of demolition/grading
permits.
33. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night
time construction is allowed if compliant with nighttime standards of Section
10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
The applicant shall annotate all permit plans with the above requirements and shall
comply with the above grading and construction hours and noise limit requirements
unless otherwise indicated.
34. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
37
PC 01-27-2026 Second Amended Searchable Packet
37 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 19
a. Water all exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) at least twice daily and more often
during windy periods to prevent visible dust from leaving the site; active areas
adjacent to windy periods; active areas adjacent to existing land uses shall be
kept damp at all times, or shall be treated with non-toxic stabilizers or dust
palliatives.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. Post a publicly visible sign with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
The applicant shall incorporate the City’s construction best management practices
into the building permit plan set prior to any grading, excavation, foundation or
building permit issuance.
35. NESTING BIRDS
Nests of raptors and other birds shall be protected when in active use, as required by
the federal Migratory Bird Treaty Act and the California Department of Fish and
Game Code.
a. Construction and tree removal/pruning activities shall be scheduled to avoid the
nesting season to the extent feasible. If feasible, tree removal and/or pruning shall
38
PC 01-27-2026 Second Amended Searchable Packet
38 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 20
be completed before the start of the nesting season to help preclude nesting. The
nesting season for most birds and raptors in the San Francisco Bay area extends
from February 1 through August 31. Preconstruction surveys (described below)
are not required for tree removal or construction activities outside the nesting
period.
b. If construction activities and any required tree removal occur during the nesting
season (February 1 and August 31), a qualified ornithologist shall be required to
conduct surveys prior to tree removal or construction activities. Preconstruction
surveys shall be conducted no more than 14 days prior to the start of tree
removal, pruning or construction. Preconstruction surveys shall be repeated at
14-day intervals until construction has been initiated in the area after which
surveys can be stopped. During this survey, the ornithologist shall inspect all
trees and other possible nesting habitats in and immediately adj acent to the
construction areas for nests.
c. If the survey does not identify any nesting birds that would be affected by
construction activities, no further mitigation is required. If an active nest
containing viable eggs or young birds is found sufficiently close to work areas to
be disturbed by these activities, their locations shall be documented and
protective measures implemented under the direction of the qualified
ornithologist until the nests no longer contain eggs or young birds.
d. Protective measures shall include establishment of clearly delineated exclusion
zones (i.e. demarcated by identifiable fencing, such as orange construction
fencing or equivalent) around each nest location as determined by the qualified
ornithologist, taking into account the species of birds nesting, their tolerance for
disturbance and proximity to existing development. In general, exclusion zones
shall be a minimum of 300 feet for raptors and 75 feet for passerines and other
birds. The active nest within an exclusion zone shall be monitored on a weekly
basis throughout the nesting season to identify signs of disturbance and confirm
nesting status. The radius of an exclusion zone may be increased by the qualified
biologist, if project activities are determined to be adversely affecting the nesting
birds. Exclusion zones may be reduced by the qualified biologist only in
consultation with California Department of Fish and Wildlife. The protection
measures and buffers shall remain in effect until the young have left the nest and
are foraging independently or the nest is no longer active.
A final report on nesting birds and raptors, including survey methodology, survey
date(s), map of identified active nests (if any), and protection measures (if required),
shall be submitted to the Planning Manager, through the building permit review
process, and be completed to the satisfaction of the Community Development
Director prior to the start of grading.
39
PC 01-27-2026 Second Amended Searchable Packet
39 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 21
36. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail as follows:
a. For projects on sites that are more than 0.5 acres or four or more residential
units the notices shall be sent to off-site businesses and residents within 500 feet
of the project site;
b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units
(not including Accessory Dwelling Units) notices shall be sent to off-site
businesses and residents within 250 feet of the project site; or
c. For projects on sites less than 0.25 acres or one residential unit, the notices shall
be sent to off-site businesses and residents within 100 feet of the project site.
The notification shall include a brief description of the project, the activities that
would occur, the hours when activity would occur, and the construction period’s
overall duration. The notification should include the telephone numbers of the
contractor’s authorized representatives that are assigned to respond in the event of a
noise or vibration complaint. The City will provide mailing addresses for the
Applicant’s use. The project applicant shall provide the City with evidence of
mailing of the notice, upon request. If pile driving, see additio nal noticing
requirements below.
37. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least two feet by three feet shall be posted on construction fencing at
the entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City’s and contractor’s authorized representatives that
are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City’s and contractor’s authorized representatives that
are assigned to respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAAQMD’s CEQA Air
Quality Guidelines.
40
PC 01-27-2026 Second Amended Searchable Packet
40 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 22
If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
38. GEOTECHNICAL CONSTRUCTION INSPECTIONS
Prior to final inspections, the City Geotechnical Consultant shall inspect, test (as
needed), and approve all geotechnical aspects of the project construction. The
inspections shall include, but not necessarily be limited to: site preparation and
grading, site surface and subsurface drainage improvements, and excavations for
foundations prior to placement of steel and concrete. The results of these inspections
and the as-built conditions of the project shall be described by the City Geotechnical
Consultant in a letter and submitted to the City Engineer for review and approval
prior to final inspections.
39. TREE PROTECTION
The existing trees to remain shall be protected during construction per the City’s
Protected Tree Ordinance (Chapter 14.18 of the municipal code). A report
ascertaining the good health of these trees shall be provided prior to issuance of final
occupancy.
40. LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance schedule shall be established and submitted to the Director of
Community Development or his/her designee, either with the landscape application
package, with the landscape installation report prior to issuance of final occupancy,
or any time before the landscape installation report is submitted prior to issuance of
building permits.
a) Schedules should take into account water requirements for the plant
establishment period and water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustment and repair of the irrigation system; aerating and de-
thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed
plants; weeding; pest control; and removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants
that may be size-adjusted as appropriate for the stage of growth of the overall
installation. Failing plants shall either be replaced or be revived through
appropriate adjustments in water, nutrients, pest control or other factors as
recommended by a landscaping professional.
41
PC 01-27-2026 Second Amended Searchable Packet
41 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 23
41. INDEMNIFICATION AND LIMITATION OF LIABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the “indemnified parties”) from and against any liability, claim, action,
cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively
referred to as “proceeding”) brought by a third party against one or more of the
indemnified parties or one or more of the indemnified parties and the applicant
related to any Ordinance, Resolution, or action approving the project, the related
entitlements, environmental review documents, finding or determinations, or any
other permit or approval authorized for the project. The indemnification shall
include but not be limited to damages, fees, and costs awarded against the City, if
any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses
incurred in connection with such proceeding whether incurred by the Applicant, the
City, or the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees
and costs shall include amounts paid to the City’s outside counsel and shall include
City Attorney time and overhead costs and other City staff overhead costs and any
costs directly related to the litigation reasonably incurred by City. The applicant
shall likewise agree to indemnify, defend, and hold harmless the indemnified parties
from and against any damages, attorneys’ fees, or costs awards, including attorneys’
fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded
against the indemnified parties. The Applicant shall cooperate with the City to enter
a Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental review,
if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
42. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
42
PC 01-27-2026 Second Amended Searchable Packet
42 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 24
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90 -day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
43. THIRD-PARTY GEOTECHNICAL REVIEW
Developer shall address the remaining comments in the Supplemental Geotechnical
Peer Review letter issued by Cotton, Shires and Associates dated January 19, 2026,
prior to issuance of the Building Permit. Additional comments from Cotton, Shires
and Associates may be provided during the Building Permit stage and shall be
incorporated prior to Building Permit approval.
44. STREET IMPROVEMENTS
Street improvements, grading and drainage plans must be completed and approved
prior to issuance of Building Permit.
Street improvements may include, but not be limited to, new detached sidewalk,
new ADA ramp, driveways, storm drain lateral, street tree installations, and street
light and/or pedestrian push button relocation. All improvements must be
completed and accepted by the City prior to Building Final Occupancy or Street
Improvement Encroachment Permit acceptance whichever comes first.
Additional comments will be provided and shall be incorporated prior to Building
Permit approval.
45. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters and related structures shall be installed in accordance with grades
and standards as specified by the Director of Public Works. All improvements must
be completed and accepted by the City prior to Building Final Occupancy or Street
Improvement Encroachment Permit acceptance whichever comes first.
46. GRADING
Grading shall be as approved and required by the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications
43
PC 01-27-2026 Second Amended Searchable Packet
43 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 25
and 404 permits maybe required. Please contact Army Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
47. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works.
Hydrology and pre- and post-development hydraulic calculations must be provided
to indicate whether additional storm water control measures are to be constructed or
renovated. The storm drain system may include, but is not limited to, subsurface
storage of peak stormwater flows (as needed), bioretention basins, vegetated swales,
and hydrodynamic separators to reduce the amount of runoff from the site and
improve water quality. Any storm water overflows or surface sheeting should be
directed away from neighboring private properties and to the public right of way as
much as reasonably possible.
Additional comments will be provided and shall be incorporated prior to Building
Permit approval.
48. INSTALLATION AGREEMENT
The project developer shall enter into an Installation agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking and
inspection fees, storm drain fees, transportation impact fees, park dedication fees
and fees for under grounding of utilities. Said agreement and fees shall be executed
and paid prior to issuance of Building permit approval.
Fees:
a. Checking & Inspection Fees: Per current fee schedule ($6,203 or 5% of
improvement costs)
b. Grading Permit: Per current fee schedule ($5,365 or 6% of
improvement costs)
c. Storm Drainage Fee: Per current fee schedule ($4,669 per unit)
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted
by the City Council. However, the fees imposed herein may be modified at the time
of recordation of a final map or issuance of a building permit in the event of said
44
PC 01-27-2026 Second Amended Searchable Packet
44 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 26
change or changes, the fees changed at that time will reflect the then current fee
schedule.
49. SURVEYS
A Boundary Survey and a horizontal control plan will be required for all new
construction to ensure the proposed building will be set based on the boundary
survey and setback requirements.
50. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
before issuance of a building permit approval. The Agreement shall include the
operation and maintenance for non-standard appurtenances in the public road right-
of-way that may include, but is not limited to, landscaping, and curb & gutter.
51. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval of the affected
Utility provider and the Director of Public Works.
52. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment. Should above ground equipment be
permitted by the City, equipment and enclosures shall be screened with fencing and
landscaping such that said equipment is not visible from public street areas, as
determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
53. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment
shall be placed away from the public right of way and site driveways to a location
approved by the Cupertino Planning Department, Santa Clara County Fire
Department and the water company.
54. BEST MANAGEMENT PRACTICES
45
PC 01-27-2026 Second Amended Searchable Packet
45 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 27
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be
included in grading and street improvement plans.
55. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Regist ered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
56. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
57. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City. The plan shall include a temporary traffic control plan for
work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform Tra ffic
Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
58. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
59. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of building permits. Clearance should include
written approval of the location of any proposed Fire Backflow Preventers, Fire
Department Connections and Fire Hydrants (typically Backflow Preventers should
be located on private property adjacent to the public right of way, and fire
department connections must be located within 100’ of a Fire Hydrant).
60. SAN JOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before
issuance of a building permit approval.
61. DEDICATION OF UNDERGROUND WATER RIGHTS
46
PC 01-27-2026 Second Amended Searchable Packet
46 of 100
Resolution No. 2026-XX EXC-2025-007 January 27, 2026
Page 28
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract
water from the underground basin or any underground strata in the Santa Clara
Valley.
62. SANITARY DISTRICT
A letter of clearance or sign off of street improvement plans for the project sh all be
obtained from the Cupertino Sanitary District prior to issuance of building permit.
63. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and San Jose Water Company, and/or equivalent agencies) will be
required prior to issuance of building permits.
PASSED AND ADOPTED this 27th day of January, 2026, Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh Santosh Rao
Planning Manager Chair, Planning Commission
47
PC 01-27-2026 Second Amended Searchable Packet
47 of 100
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2026-XX
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN R1 EXCEPTION TO ALLOW FOR A GARAGE TO BE
LOCATED CLOSER TO THE STREET THAN THE USABLE LIVING
AREA OF THE PRINCIPAL DWELLING UNIT LOCATED AT 22068
SAN FERNANDO COURT(A.P.N. 357 12 012)
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2025-008
Applicants: David Kuoppamaki
Location: 22068 San Fernando Court; APN: 357 12 012
SECTION II: FINDINGS FOR AN R1 EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an R1 Exception as described in Section I of this Resolution; and
WHEREAS, the City of Cupertino received an application for an R1 Exception to allow a
garage to be located closer to the street than the proposed usable living area on a new
single-family residence; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons
set forth in the staff report dated January 27, 2026 and incorporated herein; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public meeting in regard to the application; and
WHEREAS, on January 27, 2026, the Planning Commission held a duly noticed public
hearing to receive public testimony on the Project, including the categorical CEQA
exemption in CEQA Guidelines section 15303, and reviewed and considered the
48
PC 01-27-2026 Second Amended Searchable Packet
48 of 100
Resolution No. 2026-XX EXC-2025-008 January 27, 2026
Page 2
information contained in the staff report pertaining to the Project, all other pertinent
documents, and all written and oral statements received by the Planning Commission at
or prior to the public hearing; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds as follows, with regard to this application,
that:
1. The literal enforcement of this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter.
The R-1 Chapter is intended to: enhance the identity of residential neighborhoods; ensure
provision of light, air and a reasonable level of privacy to individual residential parcels; ensure
a reasonable level of compatibility in scale of structures within residential neighborhoods; and
reinforce the predominantly low-intensity setting in the community. The proposed garage is
sited to maintain the existing driveway curb cute and to avoid an additional front yard setback
which would result in the residence being developed on the steeply sloping portion of the
property. The living area being more setback than the garage is not inconsistent with the pattern
of the existing neighborhood development.
However, if the requirement for the garage to be more setback was enforced, the design of the
residence could be altered resulting in either additional grading of steep slopes of additional
massing of the second story which would be incompatible with the existing development in the
neighborhood. Therefore, the literal enforcement of this chapter will result in restrictions
inconsistent with the spirit of this chapter.
2. The proposed development will not be injurious to property or improvements in the
area, nor be detrimental to the public safety, health and welfare.
All other portions of the proposed residence, as conditioned, are compliant with the development
and design standards required by the R1 Ordinance. Therefore, the development will not be
injurious to property or improvements in the area, nor be detrimental to the public safety, health
and welfare.
3. The exception to be granted is one that will require the least modification of the
prescribed design regulation and the minimum variance that will accomplish the
purpose;
The proposed development reduces the degree of nonconformity by implementing a stepped
design of the living area and entry area. These standards will be maintained through conditions
49
PC 01-27-2026 Second Amended Searchable Packet
49 of 100
Resolution No. 2026-XX EXC-2025-008 January 27, 2026
Page 3
of approval of this permit. Therefore, the development is the least impactful option that will
accomplish the purpose of the new residence.
4. The proposed exception will not result in significant visual impact as viewed from
abutting properties;
The location of the garage in front of the living area will result in visual impacts from the right
of way and would not otherwise affect the height or setbacks of structures that may be developed
on the property. Therefore, the proposed exception will not result in a significant visual impact
as viewed from abutting properties.
WHEREAS, the Planning Commission has independently reviewed and considered the
Project and the basis for the exemption prior to taking any approval actions on the Project,
and exercising its independent judgment, based upon the entire record before it, has
determined that the Project is exempt from CEQA pursuant to CEQA Guidelines section
15303, which applies to new construction or conversion of single-family residences and
accessory structures; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15303. The exemption in CEQA
Guidelines section 15303 applies to new construction or conversion of single -family
residences and accessory structures. The proposed project is a new single-family
residence.
2. Approves the application for an R1 Exception, Application no. EXC-2025-008 subject to
the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof.
The conclusions and sub-conclusions upon which the findings and conditions specified
in this resolution are based, including those contained in the Public Hearing record
concerning Application no. EXC-2025-008 as set forth in the Minutes of Planning
Commission Meeting of January 27, 2026, are hereby incorporated by reference as
though fully set forth herein.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing recitals are true and
correct and are included herein by reference as findings.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
50
PC 01-27-2026 Second Amended Searchable Packet
50 of 100
Resolution No. 2026-XX EXC-2025-008 January 27, 2026
Page 4
1. APPROVED EXHIBITS
Approval is based on the plan set consisting of twenty one (21) sheets, labeled Sheets
CRV1, C-0, C-2, PLN1 through PLN4, A0.1 through A0.3, A2.1, A2.2, A3.1, A3.2, A4.1,
A5.1 through A5.3, L-1 through L-3, and TOPO, submitted by the Applicants, except
as may be amended by the conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EXC-2025-007, R-2024-029, RM-2024-
028, and TR-2024-043 shall be applicable to this approval.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
4. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary
building permits prior to commencement of work.
5. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible for verifying all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements, and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting with other departments and/or agencies
with regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate any approval by the
Community Development Department.
7. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
“indemnified parties”) from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
“proceeding”) brought by a third party against one or more of the indemnified partie s
or one or more of the indemnified parties and the applicant related to any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
51
PC 01-27-2026 Second Amended Searchable Packet
51 of 100
Resolution No. 2026-XX EXC-2025-008 January 27, 2026
Page 5
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and
costs shall include amounts paid to the City’s outside counsel and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City. The ap plicant shall
likewise agree to indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90 -day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail
to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
52
PC 01-27-2026 Second Amended Searchable Packet
52 of 100
Resolution No. 2026-XX EXC-2025-008 January 27, 2026
Page 6
PASSED AND ADOPTED this 27th day of January, 2026, Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh Santosh Rao
Planning Manager Chair, Planning Commission
53
PC 01-27-2026 Second Amended Searchable Packet
53 of 100
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2026-XX
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A DESIGN REVIEW PERMIT TO ALLOW FOR THE
CONSTRUCTION OF A NEW 4,236-SQUARE-FOOT, TWO-STORY,
SINGLE-FAMILY RESIDENCE WITH SECOND STORY SIDE
SETBACKS OF LESS THAN 15 FEET AND A SECOND TO FIRST
FLOOR AREA RATIO OF MORE THAN 66 PERCENT LOCATED AT
22068 SAN FERNANDO COURT (A.P.N. 357 12 012)
SECTION I: PROJECT DESCRIPTION
Application No.: R-2024-029
Applicants: David Kuoppamaki
Location: 22068 San Fernando Court; APN: 357 12 012
SECTION II: FINDINGS FOR AN DESIGN REVIEW PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Design Review Permit as described in Section I of this Resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons
set forth in the staff report dated January 27, 2026 and incorporated herein; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public meeting in regard to the application; and
WHEREAS, on January 27, 2026, the Planning Commission held a duly noticed public
hearing to receive public testimony on the Project, including the categorical CEQA
exemption in CEQA Guidelines section 15303, and reviewed and considered the
information contained in the staff report pertaining to the Project, all other pert inent
54
PC 01-27-2026 Second Amended Searchable Packet
54 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 2
documents, and all written and oral statements received by the Planning Commission at
or prior to the public hearing; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds as follows, with regard to this application,
that:
1. The project is consistent with the Cupertino General Plan, any applicable specific
plans, zoning ordinances and the purposes of this title.
The proposed project is consistent with the General Plan as the project is within the Low-
Density land use area. There are no applicable specific plans that affect the project. The project
has been found to be consistent with the requirements of Cupertino Municipal Code Chapter
19.28 Single Family (R-1) Residential.
2. The granting of the permit will not result in a condition that is detrimental or injurious
to property improvements in the vicinity, and will not be detrimental to the public
health, safety or welfare.
The granting of the permit will not result in a condition that is detrimental or injurious to
property improvements in the vicinity, and will not be detrimental to the public health, safety
or welfare as the projects is located within the R1-7.5 (Single Family Residential) zoning
district and will be compatible with the surrounding uses of the neighborhood.
3. The proposed project is harmonious in scale and design with the general
neighborhood.
The proposed project is located in a residential area consisting of single -family homes. The
proposed project, as conditioned, maintains the single-family home scale found compatible with
the general neighborhood.
4. The project is consistent with the two-story design principles and generally consistent
with the single-family residential design guidelines.
The proposed project has been conditioned to revise the residence’s design to reduce building
mass by 1) reducing building height to ensure that all portions of the first story fit within the
required first story building envelope and 2) adding sloped roof elements to a minimum of 25%
of the first story and 50% of the second story. These revisions will ensure that the project is
consistent with the two-story design principles and generally consistent with the single-family
residential design guidelines.
5. Adverse visual impacts on adjoining properties have been reasonably mitigated.
55
PC 01-27-2026 Second Amended Searchable Packet
55 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 3
Any potential adverse impacts on adjoining properties have been reasonably mitigated through
installation of a front-yard tree as required by the R-1 Ordinance and additional privacy
plantings to screen the windows that have sill heights of 5 feet or less.
WHEREAS, the Planning Commission has independently reviewed and considered the
Project and the basis for the exemption prior to taking any approval actions on the Project,
and exercising its independent judgment, based upon the entire record before it, has
determined that the Project is exempt from CEQA pursuant to CEQA Guidelines section
15303, which applies to new construction or conversion of single-family residences and
accessory structures; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15303. The exemption in CEQA
Guidelines section 15303 applies to new const ruction or conversion of single-family
residences and accessory structures. The proposed project is a new single-family
residence.
2. Approves the application for a Design Review Permit, Application no. R-2024-029
subject to the conditions which are enumerated in this Resolution beginning on PAGE
3 thereof. The conclusions and sub-conclusions upon which the findings and conditions
specified in this resolution are based, including those contained in the Public Hearing
record concerning Application no. R-2024-029 as set forth in the Minutes of Planning
Commission Meeting of January 27, 2026, are hereby incorporated by reference as
though fully set forth herein.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing recitals are true and
correct and are included herein by reference as findings.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set consisting of twenty one (21) sheets, labeled Sheets
CRV1, C-0, C-2, PLN1 through PLN4, A0.1 through A0.3, A2.1, A2.2, A3.1, A3.2, A4.1,
A5.1 through A5.3, L-1 through L-3, and TOPO, submitted by the Applicants.
Plans shall be revised to ensure that building mass is reduced by:
a) reducing building height to ensure that all portions of the first story fit within
the required first story building envelope; and
56
PC 01-27-2026 Second Amended Searchable Packet
56 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 4
b) adding sloped roof elements to a minimum of 25% of the first story and 50% of
the second story.
Plans shall also be revised to remove the second story door shown on the left
(southeast) elevation drawing which leads to the non-balcony rooftop and to ensure
compliance with the City’s privacy screening requirements (see Condition 13).
These plans are approved, with the modifications outlined above, and as may be
amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EXC-2025-007, EXC-2025-008, RM-
2024-028, and TR-2024-043 shall be applicable to this approval.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
4. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary
building permits prior to commencement of work.
5. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible for verifying all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements, and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
6. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works
Confirmation form, including, but not limited to, dedications, easements, off-site
improvements, undergrounding of utilities, all necessary agreements, and utility
installations/relocations as deemed necessary by the Director of Public Works and
required for public health and safety. The Public Works Confirmation is a preliminary
review and is not an exhaustive review of the subject development. Additional
requirements may be established and implemented during the construction
permitting process. The project construction plans shall address these requirements
with the construction permit submittal, and all required improvements shall be
completed to the satisfaction of the Director of Public Works prior to final occupancy.
57
PC 01-27-2026 Second Amended Searchable Packet
57 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 5
7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting with other departments and/or agencies
with regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate any approval by the
Community Development Department.
8. REVISIONS TO PLANS
Prior to Building Permit issuance, the applicant shall revise plans in accordance with
the required revisions outlined in Condition #1 of this resolution. Plans shall be
reviewed and approved by the Director of Community Development or their
designee prior to Building Permit issuance.
9. TREE PROTECTION
Per City Code Section 14.18.210, prior to issuance of any Building Permit, the
applicant must include the City’s standard tree protection measures, outlined in
Appendix A of City Code Chapter 14.18, on the plan. Please note that an ISA-certified
arborist will be required to verify the health of the tree and that the tree protection
measures are in place prior to construction. The arborist will also need to verify the
health of the tree following construction.
10. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final
plans in compliance with the approved lighting plans to comply with development
standards of Cupertino Municipal Code Section 19.102.040 Outdoor Lighting
Requirements. In the event changes are proposed from the approved plans, said
changes must be reviewed and approved by the Director of Community Development
or their designee. The applicant shall provide all documentation required to
determine compliance with the Municipal Code.
11. FRONT YARD TREE
The applicant shall indicate on site and landscape plans the location of a front yard
tree to be located within the front yard setback area in order to screen the massing of
the second story. The front yard tree shall be a minimum 24-inch box and 6 feet
planted height and otherwise be consistent with the City’s requirements.
12. FRONT YARD TREE COVENANT
The property owner shall record a covenant on this property with the Santa Clara
County Recorder’s Office that requires the retention and maintenance of the required
front yard tree. The precise language will be subject to approval by the Director of
58
PC 01-27-2026 Second Amended Searchable Packet
58 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 6
Community Development. Proof of recordation must be submitted to the Community
Development Department prior to final occupancy of the residence.
13. PRIVACY PLANTING
The provided draft privacy plan is not approved as part of this permit and a final
privacy planting plan shall be reviewed and approved by the Planning Division prior
to issuance of building permits. The variety, size, and planting distance shall be
consistent with the City’s requirements, however trees located within the rear yard
area shall be native oak tree varieties.
14. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future
property owners of the privacy protection measures and tree protection requirements
consistent with the R-1 Ordinance, for all windows with views into neighboring yards
and a sill height that is 5 feet or less from the second story finished floor. The precise
language will be subject to approval by the Director of Community Development.
Proof of recordation must be submitted to the Community Development Department
prior to final occupancy of the residence.
15. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Lan dscape
Ordinance, for projects with landscape area 500 square feet or more or elect to submit
a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects
with landscape area between 500 square feet and 2,500 square feet. The Landscape
Documentation Package or Prescriptive Compliance Application shall be reviewed
and approved to the satisfaction of the Director of Community Development prior to
issuance of building permits, and additional requirements per sections 14.15.040 D, E,
F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved
prior to final inspections.
16. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and approved
by the Director of Community Development prior to issuance of building permits to
ensure quality and consistency. Any exterior changes determined to be substantial by
the Director of Community Development shall either require a modification to this
permit or a new permit based on the extent of the change.
59
PC 01-27-2026 Second Amended Searchable Packet
59 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 7
17. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible subject to the Building Official. The applicant shall provide evidence that
materials were recycled prior to issuance of final demolition permits.
18. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a. Water all exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) at least twice daily and more often
during windy periods to prevent visible dust from leaving the site; active areas
adjacent to windy periods; active areas adjacent to existing land uses shall be
kept damp at all times, or shall be treated with non -toxic stabilizers or dust
palliatives.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. Post a publicly visible sign with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
i. The applicant shall incorporate the City’s construction best management
practices into the building permit plan set.
60
PC 01-27-2026 Second Amended Searchable Packet
60 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 8
19. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated
20. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all
permit plans, the full text of each of the Bay Area Air Quality Management District’s
Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality
Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive
dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing
activities and/or construction.
21. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT
Prior to issuance of the first building permit, the Applicant shall include a note on all
plans where paint specifications or other design specifications are listed, that the
project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or
less) for interior and exterior wall architectural coatings.
61
PC 01-27-2026 Second Amended Searchable Packet
61 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 9
22. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of the any demolition, grading and building permit, indicate the
following on all construction plans:
b. Demolition, construction, ground-disturbing, and tree removal/pruning activities
shall be scheduled to be completed prior to nesting season (February 1 through
August 31), if feasible.
c. If demolition, construction, ground-disturbing, or tree removal/pruning activities
occur during the nesting season (February 1 and August 31), preconstruction
surveys shall be conducted as follows:
i. No more than 7 days prior to the start of d emolition, construction, ground-
disturbing, or tree removal/pruning activities, in order to identify any active
nests with eggs or young birds on the site and surrounding area within 100
feet of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until
demolition, construction, ground-disturbing, or tree removal/pruning
activities have been initiated in the area, after which surveys can be stopped.
As part of the preconstruction survey(s), the surveyor shall inspect all trees
and other possible nesting habitats in, and immediately adjacent to, the
construction areas for active nests, while ensuring that they do not disturb the
nests as follows:
1) For projects that require the demolition or construction one single-
family residence, ground disturbing activities affecting areas of up to
500 square feet, or the removal of up to three trees, the property owner
or a tree removal contractor, if necessary, is permitted to conduct the
preconstruction surveys to identify if there are any active nests. If any
active nests with eggs or young birds are identified, the project applicant
shall retain a qualified ornithologist or biologist to identify protective
measures.
2) For any other demolition, construction and ground disturbing activity
or the removal of four or more trees, a qualified ornithologist or biologist
shall be retained by the project applicant to conduct the preconstruction
surveys.
iii. If the preconstruction survey does not identify any active nests with eggs or
young birds that would be affected by demolition, construction, ground-
disturbing or tree removal/pruning activities, no further mitigating action is
required. If an active nest containing eggs or young birds is found sufficiently
62
PC 01-27-2026 Second Amended Searchable Packet
62 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 10
close to work areas to be disturbed by these activities, their locations shall be
documented, and the qualified ornithologist or biologist shall identify
protective measures to be implemented under their direction until the nests
no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing,
such as orange construction fencing or equivalent) around each nest location
as determined by the qualified ornithologist or biologist, taking into account
the species of birds nesting, their tolerance for disturbance and proximity to
existing development. In general, exclusion zones shall be a minimum of 300
feet for raptors and 75 feet for passerines and other birds. The active nest
within an exclusion zone shall be monitored on a weekly basis throughout
the nesting season to identify signs of disturbance and confirm nesting status.
The radius of an exclusion zone may be increased by the qualified
ornithologist or biologist, if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the qualified
ornithologist or biologist only in consultation with California Department of
Fish and Wildlife. The protection measures and buffers shall remain in effect
until the young have left the nest and are foraging independently or the nest
is no longer active.
v. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be prepared by the qualified ornithologist or
biologist and submitted to the Director of Community Development or his or
her designee, through the appropriate permit review process (e.g.,
demolition, construction, tree removal, etc.), and be completed to the
satisfaction of the Community Development Director prior to the start of
demolition, construction, ground-disturbing, or tree removal/pruning
activities.
23. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Prior to the issuance of any demolition, grading or building permit involving soil
disturbance, the project applicant shall provide written verification, including the
materials provided to contractors and construction crews, to the City confirming that
contractors and construction crews have been notified of basic archaeological site
indicators, the potential for discovery of archaeological resources, laws pertaining to
these resources, and procedures for protecting these resources as follows:
63
PC 01-27-2026 Second Amended Searchable Packet
63 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 11
a. Basic archaeological site indicators that may include, but are not limited to, darker
than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire
affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of
stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials,
either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
c. The laws protecting these resources and associated penalties, including, but not
limited to, the Native American Graves Protection and Repatriation Act of 1990,
Public Resources Code Section 5097, and California Health and Safety Code
Section 7050 and Section 7052.
d. The protection procedures to follow should construction crews discover cultural
resources during project-related earthwork, include the following:
i. All soil disturbing work within 25 feet of the find shall cease.
ii. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to define
the deposit, and assessment of the remainder of the site within the project area
to determine whether the resource is significant and would be affected by the
project.
iii. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If the
resource is a tribal cultural resource, the consulting archaeologist shall consult
with the appropriate tribe, as determined by the Native American Heritage
Commission, to evaluate the significance of the resource and to recommend
appropriate and feasible avoidance, testing, preservation or mitigation
measures, in light of factors such as the significance of the find, proposed
project design, costs, and other considerations. The archeologist shall perform
this evaluation in consultation with the tribe.
24. HUMAN REMAINS AND NATIVE AMERICAN BURIALS
Prior to issuance of the any demolition, grading and building permits that involve soil
disturbance, include on plans a note that, during project construction, the project
applicant shall comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98.
64
PC 01-27-2026 Second Amended Searchable Packet
64 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 12
a. In the event of discovering human remains during construction activities, there
shall be no further excavation or disturbance of the site within a 100-foot radius
of the remains, or any nearby area reasonably suspected to overlie adj acent
remains.
b. The Santa Clara County Coroner shall be notified immediately and shall make a
determination as to whether the remains are Native American.
c. If the Santa Clara County Coroner determines that the remains are not subject to
his authority, he shall notify the Native American Heritage Commission
(NAHC) within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of
the deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site to
make recommendations or preferences regarding the disposition of the remains.
If the Most Likely Descendant does not make recommendations within 48 hours
after being allowed access to the project site, the owner shall, with appropriate
dignity, reinter the remains in an area of the property secure from further
disturbance and provide documentation about this determination and the
location of the remains to the NAHC and the City of Cupertino. Alternatively, if
the owner does not accept the Most Likely Descendant’s recommendations, the
owner or the descendent may request mediation by the NAHC. Construction
shall halt until the mediation has concluded.
25. STORMWATER RUNOFF CONTAMINATION
Prior to issuance of any grading or building permits, the project applicant shall
demonstrate compliance with Chapter 9.18 (Stormwater Pollution Prevention and
Watershed Protection) of the Cupertino Municipal Code, to the satisfaction of the City
Engineer or his or her designee. All identified stormwater runoff control measures
shall be included in the applicable construction documents.
26. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least two feet by three feet shall be posted on construction fencing at the
entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City’s and contractor’s authorized representatives
that are assigned to respond in the event of a noise or vibration complaint; and
65
PC 01-27-2026 Second Amended Searchable Packet
65 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 13
d. Contact information for City’s and contractor’s authorized representatives that
are assigned to respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAAQMD’s CEQA Air
Quality Guidelines.
If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
27. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least two feet by three feet shall be posted on construction fencing at the
entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City’s and contractor’s authorized representatives
that are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City’s and contractor’s authorized representatives that
are assigned to respond in the event of a complaint related to fugitiv e dust,
pursuant to the requirements for compliance with BAAQMD’s CEQA Air
Quality Guidelines.
If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
28. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City’s Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall
demonstrate compliance with daytime and nighttime decibel limits pursuant to
Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The
details of the Construction Noise Control Plan shall be included in the applicable
construction documents and implemented by the on-site Construction Manager.
66
PC 01-27-2026 Second Amended Searchable Packet
66 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 14
Noise reduction measures selected and implemented shall be based on the type
of construction equipment used on the site, distance of construction activities
from sensitive receptor(s), site terrain, and other features on and surrounding
the site (e.g., trees, built environment) and may include, but not be limited to,
temporary construction noise attenuation walls, high quality mufflers. During
the entire active construction period, the Construction Noise Control Plan shall
demonstrate that compliance with the specified noise control requirements for
construction equipment and tools will reduce construction noise in compliance
with the City’s daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior to
the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use
for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of
noise producing signals, including horns, whistles, alarms, and bells will be for
safety warning purposes only. The construction manager will use smart back-up
alarms, which automatically adjust the alarm level based on the background
noise level or switch off back-up alarms and replace with human spotters in
compliance with all safety requirements and law.
29. PALEONTOLOGICAL RESOURCES
Prior to issuance of the any demolition, grading or building permit, include on plans
a note that, during project construction, the project applicant shall implement the
following measures:
a. If paleontological resources are encountered during ground disturbing and/or
other construction activities, all construction shall be temporarily halted or
redirected to allow a qualified paleontologist, which shall be retained by the
project applicant, to assess the find for significance and the Applicant shall notify
the City.
b. If paleontological resources are found to be significant, the paleontological
monitor shall determine appropriate actions, in coordination with a qualified
paleontologist, City staff, and property owner. Appropriate actions may include,
but are not limited to, a mitigation plan formulated pursuant to guidelines
developed by the Society of Vertebrate Paleontology and implemented to
67
PC 01-27-2026 Second Amended Searchable Packet
67 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 15
appropriately protect the significance of the resource by preservation,
documentation, and/or removal, prior to recommencing activities. Measures
may include, but are not limited to, salvage of unearthed fossil remains and/or
traces (e.g., tracks, trails, burrows); screen washing to recover small specimens;
preparation of salvaged fossils to a point of being ready for curation (e.g.,
removal of enclosing matrix, stabilization and repair of specimens, and
construction of reinforced support cradles); and identification, cataloging,
curation, and provision for repository storage of prepared fossil specimens.
30. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
“indemnified parties”) from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
“proceeding”) brought by a third party against one or more of the indemnified partie s
or one or more of the indemnified parties and the applicant related to any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and
costs shall include amounts paid to the City’s outside counsel and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City. The ap plicant shall
likewise agree to indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
68
PC 01-27-2026 Second Amended Searchable Packet
68 of 100
Resolution No. 2026-XX R-2024-029 January 27, 2026
Page 16
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
31. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90 -day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail
to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 27th day of January, 2026, Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh Santosh Rao
Planning Manager Chair, Planning Commission
69
PC 01-27-2026 Second Amended Searchable Packet
69 of 100
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2026-XX
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MINOR RESIDENTIAL PERMIT TO ALLOW FOR THE
CONSTRUCTION OF A NEW REAR FACING BALCONY ON A
PROPOSED TWO-STORY RESIDENCE LOCATED AT 22068 SAN
FERNANDO COURT (A.P.N. 357 12 012)
SECTION I: PROJECT DESCRIPTION
Application No.: RM-2024-028
Applicants: David Kuoppamaki
Location: 22068 San Fernando Court; APN: 357 12 012
SECTION II: FINDINGS FOR A MINOR RESIDENTIAL PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Minor Residential Permit as described in Section I of this Resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons
set forth in the staff report dated January 27, 2026 and incorporated herein; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public meeting in regard to the application; and
WHEREAS, on January 27, 2026, the Planning Commission held a duly noticed public
hearing to receive public testimony on the Project, including the categorical CEQA
exemption in CEQA Guidelines section 15303, and reviewed and considered the
information contained in the staff report pertaining to the Project, all other pertinent
documents, and all written and oral statements received by the Planning Commission at
or prior to the public hearing; and
70
PC 01-27-2026 Second Amended Searchable Packet
70 of 100
Resolution No. 2026-XX RM-2024-028 January 27, 2026
Page 2
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds as follows, with regard to this application,
that:
1. The project is consistent with the Cupertino General Plan, any applicable specific
plans, zoning ordinances and the purposes of this title.
The proposed project is consistent with the General Plan as the project is within the Low-
Density land use area. There are no applicable specific plans that affect the project. The project
has been found to be consistent with the requirements of Cupertino Municipal Code Chapter
19.28 Single Family (R-1) Residential.
2. The granting of the permit will not result in a condition that is detrimental or injurious
to property improvements in the vicinity, and will not be de trimental to the public
health, safety or welfare.
The granting of the permit will not result in a condition that is detrimental or injurious to
property improvements in the vicinity, and will not be detrimental to the public health, safety
or welfare as the projects is located within the R1-7.5 (Single Family Residential) zoning
district and will be compatible with the surrounding uses of the neighborhood.
3. The proposed project is harmonious in scale and design with the general
neighborhood.
The proposed project is located in a residential area consisting of single-family homes. The
proposed project, as conditioned, maintains the single-family home scale found compatible with
the general neighborhood.
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated, as
conditioned, through the requirement for the installation of a privacy screening as required by
the R-1 Ordinance.
WHEREAS, the Planning Commission has independently reviewed and considered the
Project and the basis for the exemption prior to taking any approval actions on the Project,
and exercising its independent judgment, based upon the entire record before it, has
determined that the Project is exempt from CEQA pursuant to CEQA Guidelines section
15303, which applies to new construction or conversion of single-family residences and
accessory structures; and
71
PC 01-27-2026 Second Amended Searchable Packet
71 of 100
Resolution No. 2026-XX RM-2024-028 January 27, 2026
Page 3
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15303. The exemption in CEQA
Guidelines section 15303 applies to new construction or conversion of single-family
residences and accessory structures. The proposed project is a new single-family
residence.
2. Approves the application for a Minor Residential Permit, Application no. RM-2024-028
subject to the conditions which are enumerated in this Resolution beginning on PAGE
3 thereof. The conclusions and sub-conclusions upon which the findings and conditions
specified in this resolution are based, including those contained in the Public Hearing
record concerning Application no. RM-2024-028 as set forth in the Minutes of Planning
Commission Meeting of January 27, 2026, are hereby incorporated by reference as
though fully set forth herein.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing recitals are true and
correct and are included herein by reference as findings.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set consisting of twenty one (21) sheets, labeled Sheets
CRV1, C-0, C-2, PLN1 through PLN4, A0.1 through A0.3, A2.1, A2.2, A3.1, A3.2, A4.1,
A5.1 through A5.3, L-1 through L-3, and TOPO, submitted by the Applicants, except
as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EXC-2025-007, EXC-2025-008, R-
2024-029, and TR-2024-043 shall be applicable to this approval.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
4. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary
building permits prior to commencement of work.
72
PC 01-27-2026 Second Amended Searchable Packet
72 of 100
Resolution No. 2026-XX RM-2024-028 January 27, 2026
Page 4
5. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible for verifying all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements, and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
6. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works
Confirmation form, including, but not limited to, dedications, easements, off-site
improvements, undergrounding of utilities, all necessary agreements, and utility
installations/relocations as deemed necessary by the Director of Public Works and
required for public health and safety. The Public Works Confirmation is a preliminary
review and is not an exhaustive review of the subject development. Additional
requirements may be established and implemented during the construction
permitting process. The project construction plans shall address these requirements
with the construction permit submittal, and all required improvements shall be
completed to the satisfaction of the Director of Public Works prior to final occupancy.
7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting with other departments and/or agencies
with regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate any approval by the
Community Development Department.
8. PRIVACY PLANTING
The provided draft privacy plan is not approved as part of this permit and a final
privacy planting plan shall be reviewed and approved by the Planning Division prior
to issuance of building permits. The variety, size, and planting distance shall be
consistent with the City’s requirements, however trees located within the rear yard
area shall be native oak tree varieties.
9. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future
property owners of the privacy protection measures and tree protection requirements
consistent with the R-1 Ordinance, for all windows with views into neighboring yards
and a sill height that is 5 feet or less from the second story finished floor. The precise
language will be subject to approval by the Director of Commun ity Development.
Proof of recordation must be submitted to the Community Development Department
prior to final occupancy of the residence.
73
PC 01-27-2026 Second Amended Searchable Packet
73 of 100
Resolution No. 2026-XX RM-2024-028 January 27, 2026
Page 5
10. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for projects with landscape area 500 square feet or more or elect to submit
a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects
with landscape area between 500 square feet and 2,500 square feet. The Landscape
Documentation Package or Prescriptive Compliance Application shall be reviewed
and approved to the satisfaction of the Director of Community Development prior to
issuance of building permits, and additional requirements per sections 14.15.040 D, E,
F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved
prior to final inspections.
11. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and approved
by the Director of Community Development prior to issuance of building permits to
ensure quality and consistency. Any exterior changes determined to be substantial by
the Director of Community Development shall either require a modification to this
permit or a new permit based on the extent of the change.
12. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
74
PC 01-27-2026 Second Amended Searchable Packet
74 of 100
Resolution No. 2026-XX RM-2024-028 January 27, 2026
Page 6
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicate d
13. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all
permit plans, the full text of each of the Bay Area Air Quality Management District’s
Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality
Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive
dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing
activities and/or construction.
14. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT
Prior to issuance of the first building permit, the Applicant shall include a note on all
plans where paint specifications or other design specifications are listed, that the
project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or
less) for interior and exterior wall architectural coatings.
15. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of the any demolition, grading and building permit, indicate the
following on all construction plans:
b. Demolition, construction, ground-disturbing, and tree removal/pruning activities
shall be scheduled to be completed prior to nesting season (February 1 thr ough
August 31), if feasible.
c. If demolition, construction, ground-disturbing, or tree removal/pruning activities
occur during the nesting season (February 1 and August 31), preconstruction
surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, ground-
disturbing, or tree removal/pruning activities, in order to identify any active
nests with eggs or young birds on the site and surrounding area within 100
feet of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until
demolition, construction, ground-disturbing, or tree removal/pruning
75
PC 01-27-2026 Second Amended Searchable Packet
75 of 100
Resolution No. 2026-XX RM-2024-028 January 27, 2026
Page 7
activities have been initiated in the area, after which surveys can be stopped.
As part of the preconstruction survey(s), the surveyor shall inspect all trees
and other possible nesting habitats in, and immediately adjacent to, the
construction areas for active nests, while ensuring that they do not disturb the
nests as follows:
1) For projects that require the demolition or construction one single-
family residence, ground disturbing activities affecting areas of up to
500 square feet, or the removal of up to three trees, the property owner
or a tree removal contractor, if necessary, is permitted to conduct the
preconstruction surveys to identify if there are any active nests. If any
active nests with eggs or young birds are identified, the project applicant
shall retain a qualified ornithologist or biologist to identify protective
measures.
2) For any other demolition, construction and ground disturbing activity
or the removal of four or more trees, a qualified ornithologist or biologist
shall be retained by the project applicant to conduct the preconstruction
surveys.
iii. If the preconstruction survey does not identify any active nests with eggs or
young birds that would be affected by demolition, construction, ground-
disturbing or tree removal/pruning activities, no further mitigating action is
required. If an active nest containing eggs or young birds is found sufficiently
close to work areas to be disturbed by these activities, their locations shall be
documented, and the qualified ornithologist or biologist shall identify
protective measures to be implemented under their direction until the nests
no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing,
such as orange construction fencing or equivalent) around each nest location
as determined by the qualified ornithologist or biologist, taking into account
the species of birds nesting, their tolerance for disturbance and proximity to
existing development. In general, exclusion zones shall be a minimum of 300
feet for raptors and 75 feet for passerines and other birds. The active nest
within an exclusion zone shall be monitored on a weekly basis throughout
the nesting season to identify signs of disturbance and confirm nesting status.
The radius of an exclusion zone may be increased by the qualified
ornithologist or biologist, if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the qualified
76
PC 01-27-2026 Second Amended Searchable Packet
76 of 100
Resolution No. 2026-XX RM-2024-028 January 27, 2026
Page 8
ornithologist or biologist only in consultation with California Department of
Fish and Wildlife. The protection measures and buffers shall remain in effect
until the young have left the nest and are foraging independently or the nest
is no longer active.
v. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be prepared by the qualified ornithologist or
biologist and submitted to the Director of Community Development or his or
her designee, through the appropriate permit review process (e.g.,
demolition, construction, tree removal, etc.), and be completed to the
satisfaction of the Community Development Director prior to the start of
demolition, construction, ground-disturbing, or tree removal/pruning
activities.
16. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least two feet by three feet shall be posted on construction fencing at the
entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City’s and contractor’s authorized representatives
that are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City’s and contractor’s authorized representatives that
are assigned to respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAAQMD’s CEQA Air
Quality Guidelines.
If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
17. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least two feet by three feet shall be posted on construction fencing at the
entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
77
PC 01-27-2026 Second Amended Searchable Packet
77 of 100
Resolution No. 2026-XX RM-2024-028 January 27, 2026
Page 9
c. Telephone numbers of the City’s and contractor’s authorized representatives
that are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City’s and contractor’s authorized representatives that
are assigned to respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAAQMD’s CEQA Air
Quality Guidelines.
If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
18. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City’s Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall
demonstrate compliance with daytime and nighttime decibel limits pursuant to
Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The
details of the Construction Noise Control Plan shall be included in the applicable
construction documents and implemented by the on-site Construction Manager.
Noise reduction measures selected and implemented shall be based on the type
of construction equipment used on the site, distance of construction activities
from sensitive receptor(s), site terrain, and other features on and surrounding
the site (e.g., trees, built environment) and may include, but not be limited to,
temporary construction noise attenuation walls, high quality mufflers. During
the entire active construction period, the Construction Noise Control Plan shall
demonstrate that compliance with the specified noise control requirements for
construction equipment and tools will reduce construction noise in compliance
with the City’s daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior to
the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use
for more than 5 minutes.
78
PC 01-27-2026 Second Amended Searchable Packet
78 of 100
Resolution No. 2026-XX RM-2024-028 January 27, 2026
Page 10
d. During the entire active construction period and to the extent feasible, the use of
noise producing signals, including horns, whistles, alarms, and bells will be for
safety warning purposes only. The construction manager will use smart back-up
alarms, which automatically adjust the alarm level based on the background
noise level or switch off back-up alarms and replace with human spotters in
compliance with all safety requirements and law.
19. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
“indemnified parties”) from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
“proceeding”) brought by a third party against one or more of the indemnified partie s
or one or more of the indemnified parties and the applicant related to any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and
costs shall include amounts paid to the City’s outside counsel and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City. The ap plicant shall
likewise agree to indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
79
PC 01-27-2026 Second Amended Searchable Packet
79 of 100
Resolution No. 2026-XX RM-2024-028 January 27, 2026
Page 11
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
20. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90 -day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail
to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 27th day of January, 2026, Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh Santosh Rao
Planning Manager Chair, Planning Commission
80
PC 01-27-2026 Second Amended Searchable Packet
80 of 100
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2026-XX
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TREE REMOVAL PERMIT TO ALLOW FOR THE
REMOVAL AND REPLACEMENT OF FOUR OAK TREES IN
ASSOCIATION WITH REAR YARD IMPROVEMENTS AND A
PROPOSED TWO-STORY RESIDENCE LOCATED AT 22068 SAN
FERNANDO COURT (A.P.N. 357 12 012)
SECTION I: PROJECT DESCRIPTION
Application No.: RM-2024-028
Applicants: David Kuoppamaki
Location: 22068 San Fernando Court; APN: 357 12 012
SECTION II: FINDINGS FOR A TREE REMOVAL PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tree Removal Permit as described in Section I of this Resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons
set forth in the staff report dated January 27, 2026 and incorporated herein; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public meeting in regard to the application; and
WHEREAS, on January 27, 2026, the Planning Commission held a duly noticed public
hearing to receive public testimony on the Project, including the categorical CEQA
exemption in CEQA Guidelines section 15303, and reviewed and considered the
information contained in the staff report pertaining to the Project, all other pertinent
documents, and all written and oral statements received by the Planning Commission at
or prior to the public hearing; and
81
PC 01-27-2026 Second Amended Searchable Packet
81 of 100
Resolution No. 2026-XX TR-2024-043 January 27, 2026
Page 2
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds as follows, with regard to this application,
that:
1. That the mature specimen trees with single trunk between twelve inches DBH and
twenty-four inches DBH, or multi-trunk between twenty-four inches DBH and forty-
eight inches DBH in R1, A1, A, RHS, and R2 zones will be replaced by planting a
replacement tree and/or by contribution to the City’s Tree Fund.
The removal of four specimen (oak) trees with diameters at breast height (DBH) of between
twelve and twenty-four inches is proposed by the applicant to accommodate rear yard grading.
The project is conditioned to provide replacement oak trees on the site, where feasible, in
conformance with the Municipal Code Ordinance requirements and proposes to contribution
to the City’s Tree Fund for all other replacements.
WHEREAS, the Planning Commission has independently reviewed and considered the
Project and the basis for the exemption prior to taking any approval actions on the Project,
and exercising its independent judgment, based upon the entire record before it, has
determined that the Project is exempt from CEQA pursuant to CEQA Guidelines section
15303, which applies to new construction or conversion of single-family residences and
accessory structures; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15303. The exemption in CEQA
Guidelines section 15303 applies to new construction or conversion of single -family
residences and accessory structures. The proposed project is a new single-family
residence.
2. Approves the application for a Tree Removal Permit, Application no. TR-2024-043
subject to the conditions which are enumerated in this Resolution beginning on PAGE
3 thereof. The conclusions and sub-conclusions upon which the findings and conditions
specified in this resolution are based, including those contained in the Public Hearing
record concerning Application no. TR-2024-043 as set forth in the Minutes of Planning
Commission Meeting of January 27, 2026, are hereby incorporated by r eference as
though fully set forth herein.
82
PC 01-27-2026 Second Amended Searchable Packet
82 of 100
Resolution No. 2026-XX TR-2024-043 January 27, 2026
Page 3
NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing recitals are true and
correct and are included herein by reference as findings.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set consisting of twenty one (21) sheets, labeled Sheets
CRV1, C-0, C-2, PLN1 through PLN4, A0.1 through A0.3, A2.1, A2.2, A3.1, A3.2, A4.1,
A5.1 through A5.3, L-1 through L-3, and TOPO, submitted by the Applicants.
Plans shall be revised to preserve the 12-inch oak tree located adjacent to the rear
property line. This approval includes the removal of up to four oak trees with
diameters, as measured from 4.5 feet above grade, between 12 and 24 inches.
These plans are approved, with the modifications outlined above, and as may be
amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EXC -2025-007, EXC-2025-008, R-
2024-029, and RM-2024-028 shall be applicable to this approval.
3. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible for verifying all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements, and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
4. TREE REPLACEMENT
The required tree replacement is either four (4) 36” box trees or eight (8) 24” box trees,
or a combination thereof meeting the requirements of Municipal Code Section
14.18.160, located in the rear yard of the property. The replacement trees shall be a
native oak species.
The replacement planting shall be planted on the subject property within 30 days of
tree removal. The applicant shall provide the Department of Community
Development adequate documentation, including but not limited to photographs,
receipts, or invoices, to verify that the replacement trees have been planted.
Should it be determined that planting of replacement trees in the quantity or a portion
of the quantity specified above cannot be accomplished in accordance with best
83
PC 01-27-2026 Second Amended Searchable Packet
83 of 100
Resolution No. 2026-XX TR-2024-043 January 27, 2026
Page 4
forestry management practices, the applicant shall pay an in-lieu fee for each tree not
replaced on site in accordance with the in-lieu fee requirements outlined in Municipal
Code Section 14.18.160 (B).
5. PROTECTED TREES
The applicant understands that replacement trees may not be removed without a Tree
Removal Permit and that they shall be responsible for ensuring the proper
maintenance and care of the trees. The applicant shall also disclose the location and
species of all replacement trees on site upon sale of the property.
6. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for projects with landscape area 500 square feet or more or elect to submit
a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects
with landscape area between 500 square feet and 2,500 square feet. The Landscape
Documentation Package or Prescriptive Compliance Application shall be reviewed
and approved to the satisfaction of the Director of Community Development prior to
issuance of building permits, and additional requirements per sections 14.15.040 D, E,
F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved
prior to final inspections.
7. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of the any demolition, grading and building permit, indicate the
following on all construction plans:
a. Demolition, construction, ground-disturbing, and tree removal/pruning activities
shall be scheduled to be completed prior to nesting season (February 1 through
August 31), if feasible.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities
occur during the nesting season (February 1 and August 31), preconstruction
surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, ground -
disturbing, or tree removal/pruning activities, in order to identify any active
nests with eggs or young birds on the site and surrounding area within 100
feet of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until
demolition, construction, ground-disturbing, or tree removal/pruning
activities have been initiated in the area, after which surveys can be stopped.
84
PC 01-27-2026 Second Amended Searchable Packet
84 of 100
Resolution No. 2026-XX TR-2024-043 January 27, 2026
Page 5
As part of the preconstruction survey(s), the surveyor shall inspect all trees
and other possible nesting habitats in, and immediately adjacent to, the
construction areas for active nests, while ensuring that they do not disturb the
nests as follows:
1) For projects that require the demolition or construction one single-
family residence, ground disturbing activities affecting areas of up to
500 square feet, or the removal of up to three trees, the property owner
or a tree removal contractor, if necessary, is permitted to conduct the
preconstruction surveys to identify if there are any active nests. If any
active nests with eggs or young birds are identified, the project applicant
shall retain a qualified ornithologist or biologist to identify protective
measures.
2) For any other demolition, construction and ground disturbing activity
or the removal of four or more trees, a qualified ornithologist or biologist
shall be retained by the project applicant to conduct the preconstruction
surveys.
iii. If the preconstruction survey does not identify any active nests with eggs or
young birds that would be affected by demolition, construction, ground-
disturbing or tree removal/pruning activities, no further mitigating action is
required. If an active nest containing eggs or young birds is found sufficiently
close to work areas to be disturbed by these activities, their locations shall be
documented, and the qualified ornithologist or biologist shall identify
protective measures to be implemented under their direction until the nests
no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing,
such as orange construction fencing or equivalent) around each nest location
as determined by the qualified ornithologist or biologist, taking into account
the species of birds nesting, their tolerance for disturbance and proximity to
existing development. In general, exclusion zones shall be a minimum of 300
feet for raptors and 75 feet for passerines and other birds. The active nest
within an exclusion zone shall be monitored on a weekly basis throughout
the nesting season to identify signs of disturbance and confirm nesting status.
The radius of an exclusion zone may be increased by the qualified
ornithologist or biologist, if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the qualified
ornithologist or biologist only in consultation with California Department of
85
PC 01-27-2026 Second Amended Searchable Packet
85 of 100
Resolution No. 2026-XX TR-2024-043 January 27, 2026
Page 6
Fish and Wildlife. The protection measures and buffers shall remain in effect
until the young have left the nest and are foraging independently or the nest
is no longer active.
v. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be prepared by the qualified ornithologist or
biologist and submitted to the Director of Community Development or his or
her designee, through the appropriate permit review process (e.g.,
demolition, construction, tree removal, etc.), and be completed to the
satisfaction of the Community Development Director prior to the start of
demolition, construction, ground-disturbing, or tree removal/pruning
activities.
8. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Prior to the issuance of any demolition, grading or building permit involving soil
disturbance, the project applicant shall provide written verification, including the
materials provided to contractors and construction crews, to the City confirming that
contractors and construction crews have been notified of basic archaeological site
indicators, the potential for discovery of archaeological resources, laws pertaining to
these resources, and procedures for protecting these resources as follows:
a. Basic archaeological site indicators that may include, but are not limited to, darker
than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire
affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of
stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials,
either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
c. The laws protecting these resources and associated penalties, including, but not
limited to, the Native American Graves Protection and Repatriation Act of 1990,
Public Resources Code Section 5097, and California Health and Safety Code
Section 7050 and Section 7052.
d. The protection procedures to follow should construction crews discover cultural
resources during project-related earthwork, include the following:
i. All soil disturbing work within 25 feet of the find shall cease.
86
PC 01-27-2026 Second Amended Searchable Packet
86 of 100
Resolution No. 2026-XX TR-2024-043 January 27, 2026
Page 7
ii. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to define
the deposit, and assessment of the remainder of the site within the project area
to determine whether the resource is significant and would be affected by the
project.
iii. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If the
resource is a tribal cultural resource, the consulting archaeologist shall consult
with the appropriate tribe, as determined by the Native American Heritage
Commission, to evaluate the significance of the resource and to recommend
appropriate and feasible avoidance, testing, preservation or mitigation
measures, in light of factors such as the significance of the find, proposed
project design, costs, and other considerations. The archeologist shall perform
this evaluation in consultation with the tribe.
9. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least two feet by three feet shall be posted on construction fencing at the
entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City’s and contractor’s authorized representatives
that are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City’s and contractor’s authorized representatives that
are assigned to respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAAQMD’s CEQA Air
Quality Guidelines.
If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
10. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least two feet by three feet shall be posted on construction fencing at the
entrance(s) to the job site, clearly visible to the public, and include the following:
87
PC 01-27-2026 Second Amended Searchable Packet
87 of 100
Resolution No. 2026-XX TR-2024-043 January 27, 2026
Page 8
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City’s and contractor’s authorized representatives
that are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City’s and contractor’s authorized representatives that
are assigned to respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAAQMD’s CEQA Air
Quality Guidelines.
If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
11. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorpora te the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City’s Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall
demonstrate compliance with daytime and nighttime decibel limits pursuant to
Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The
details of the Construction Noise Control Plan shall be included in the applicable
construction documents and implemented by the on-site Construction Manager.
Noise reduction measures selected and implemented shall be based on the type
of construction equipment used on the site, distance of construction activities
from sensitive receptor(s), site terrain, and other features on and surrou nding
the site (e.g., trees, built environment) and may include, but not be limited to,
temporary construction noise attenuation walls, high quality mufflers. During
the entire active construction period, the Construction Noise Control Plan shall
demonstrate that compliance with the specified noise control requirements for
construction equipment and tools will reduce construction noise in compliance
with the City’s daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior to
the start of the construction phase.
88
PC 01-27-2026 Second Amended Searchable Packet
88 of 100
Resolution No. 2026-XX TR-2024-043 January 27, 2026
Page 9
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use
for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of
noise producing signals, including horns, whistles, alarms, and bells will be for
safety warning purposes only. The construction manager will use smart back-up
alarms, which automatically adjust the alarm level based on the background
noise level or switch off back-up alarms and replace with human spotters in
compliance with all safety requirements and law.
12. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
“indemnified parties”) from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
“proceeding”) brought by a third party against one or more of the indemnified partie s
or one or more of the indemnified parties and the applicant related to any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and
costs shall include amounts paid to the City’s outside counsel and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City. The ap plicant shall
likewise agree to indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
89
PC 01-27-2026 Second Amended Searchable Packet
89 of 100
Resolution No. 2026-XX TR-2024-043 January 27, 2026
Page 10
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
13. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail
to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 27th day of January, 2026, Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh Santosh Rao
Planning Manager Chair, Planning Commission
90
PC 01-27-2026 Second Amended Searchable Packet
90 of 100
A0.2
AR
C
H
I
T
E
C
T
U
R
A
L
S
I
T
E
P
L
A
N
N
E
W
NE
W
R
E
S
I
D
E
N
C
E
F
O
R
:
WE
N
H
A
N
L
Y
U
22
0
6
8
S
A
N
F
E
R
N
A
N
D
O
C
O
U
R
T
CU
P
E
R
T
I
N
O
,
C
A
9
5
0
1
4
AP
N
#
3
5
7
-
1
2
-
0
1
2
PA
G
E
T
I
T
L
E
DATE:
SCALE:
DRAWN BY:
PLAN NO.:
SHEET:
REVISIONS DATE
2024.09.03
PER SHEET
DAVID
2402
4
0
8
.
3
5
7
.
0
8
1
8
91PC 01-27-2026 Second Amended Searchable Packet
91 of 100
CITY OF CUPERTINO
Agenda Item
Subject: Discuss and make a recommendation to appoint a Planning Commissioner to the Economic
Development Committee
Recommend a Planning Commissioner to the City Council for appointment to the Economic
Development Committee.
CITY OF CUPERTINO Printed on 1/22/2026Page 1 of 1
92
PC 01-27-2026 Second Amended Searchable Packet
92 of 100
PLANNING COMMISSION STAFF REPORT
Meeting Date: January 27, 2026
Subject
Selection of Economic Development Committee Representative
Recommended Action
Select a representative to the Economic Development Committee for appointment by
City Council.
Discussion
Background:
The City Council re-established the Economic Development Committee (EDC) on April
15, 2025, with a requirement to have representatives from several business sectors and
commissions, including a requirement to have two councilmember representatives.1 On
July 15 2025, the City Council changed the composition of the Committee to having one
representative each from the City Council and Planning Commission instead of two
councilmember representatives.2 The Interim Deputy City Manager requested that an
item be placed on the PC agenda for selection of the Planning Commission representative
for appointment by the City Council.
Analysis:
The initial term of office of the City Councilmember, Sustainability Commissioner,
Technology, Information, and Communications Commissioner and Planning
Commissioner shall be for a term expiring January 30, 2026. Following the initial
appointment, the term of office for the City Councilmember, Sustainability
Commissioner, Technology Information, and Communications Commissioner and
Planning Commissioner shall be for a term of one year, expiring on January 30 of each
year, or until a successor is duly appointed. Moving forward, the representatives will be
selected for appointment by Council at the same time as the annual election of Chair and
Vice-Chair to ensure continuity in representation (typically in February of each year).
The EDC will meet quarterly, unless special meetings are called. Upon appointment, the
representative will be provided additional information by appropriate city staff.
1 See Ordinance No. 25-2269 online here:
https://records.cupertino.org/WebLink/DocView.aspx?id=1168800&dbid=0&repo=CityofCupertino
2 See Agenda Item: https://cupertino.legistar.com/LegislationDetail.aspx?ID=7476647&GUID=F7BF3F4E-
3941-4592-B381-4A899A6DE4CD&Options=&Search=. Second Reading of Ordinance No. 25-2273
conducted on a 5-0 vote on 7/16/2025 by Council. Ordinance effective date: 30 days after second reading.
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
93
PC 01-27-2026 Second Amended Searchable Packet
93 of 100
Staff recommends that the Commission recommend an appointment to the Economic
Development Committee to the City Council for a term ending January 30, 2027.
Prepared by: Eva Momoki, Administrative Assistant to Planning Division
Reviewed by: Michael Woo, Senior Assistant City Attorney
Approved for Submission by: Luke Connolly, Assistant Director of Community
Development
94
PC 01-27-2026 Second Amended Searchable Packet
94 of 100
CITY OF CUPERTINO
Agenda Item
Subject: Review of the proposed Mary Avenue public right-of-way vacation for consistency with the
General Plan.
Adopt a Resolution (Attachment 1) finding that the Mary Avenue public right-of-way vacation (APN
326-27-053) is consistent with the General Plan.
CITY OF CUPERTINO Printed on 1/23/2026Page 1 of 1
95
PC 01-27-2026 Second Amended Searchable Packet
95 of 100
PLANNING COMMISSION STAFF REPORT
Meeting: January 27, 2026
Subject
Review of the proposed Mary Avenue public right-of-way vacation for
consistency with the General Plan.
Recommended Action
Adopt a Resolution (Attachment 1) finding that the Mary Avenue public right-of-
way vacation (APN 326-27-053) is consistent with the General Plan.
Discussion
The City Council is responsible for approving public right-of-way vacations.
However, pursuant to Government Code section 65402(a), the Planning
Commission is authorized to review certain proposed vacations for consistency
with the City’s General Plan.
The General Plan: Community Vision 2015-2040 includes the Housing Element
that lists the Mary Avenue property (APN 326-27-053) as a priority housing site
for a 100% affordable housing development (Site ID #10, Table B4-8). All priority
housing sites, including Mary Avenue, were rezoned for housing development.
Additionally, the proposed Mary Avenue project requires a public right-of-way
vacation The proposed vacation is consistent with the General Plan since it
involves a priority housing site identified in the Housing Element and through
reference to the pertinent goals, policies, and strategies set forth in the Housing
Element.
Environmental Impact
Pursuant to the provisions of the California Environmental Quality Act (CEQA) of
1970 (Public Resources Code section 21000 et seq.) (“CEQA,”) together with the
State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et
seq.) (hereinafter, "CEQA Guidelines,") City staff has independently studied the
96
PC 01-27-2026 Second Amended Searchable Packet
96 of 100
proposed action and has determined that the finding of consistency with the
General Plan is exempt from CEQA pursuant to CEQA Guideline section
15061(b)(3) in that “it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment.”
Furthermore, the finding of consistency with the General Plan is not a “project” in
that it has no “potential for resulting in either a direct physical change in the
environment, or a reasonably foreseeable indirect change in the environment”
(CEQA Guidelines § 15378(a).) Therefore, it is recommended that the Planning
Commission find that this action is exempt from CEQA.
Next Steps
The Planning Commission’s determination will be considered by the City Council
on February 3, 2026, as part of the Council’s review of the proposed Mary Avenue
development project. If the project is approved by City Council, the proposed
public right-of-way vacation will be presented to Council in a future meeting,
tentatively scheduled March 3, 2026.
Sustainability Impact
There is no sustainability impact.
Fiscal Impact
There is no fiscal impact.
_____________________________________
Prepared by: Jennifer Chu, Senior Civil Engineer
Chad Mosley, Director of Public Works
Reviewed by: Gian Martire, Senior Planner
Approved by: Luke Connolly, Assistant Director of Community Development
Attachments:
1 - Draft Resolution
97
PC 01-27-2026 Second Amended Searchable Packet
97 of 100
RESOLUTION NO. ________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO FINDING THAT PUBLIC RIGHT-OF-WAY VACATION
WITHIN THE LIMITS OF THE MARY AVENUE PROPERTY (APN 326-27-
053) IS CONSISTENT WITH THE CITY OF CUPERTINO GENERAL PLAN
________________________________________________________________________
____________________________________________________________________
WHEREAS, the Mary Avenue project site is proposed for development of
low-income residential housing within a parcel (APN 326-27-053) currently owned
by the City of Cupertino and utilized as public right-of-way along Mary Avenue;
and
WHEREAS, the City must vacate the public right-of-way interest within the
Mary Avenue parcel in order to facilitate construction of the housing project; and
WHEREAS, California Government Code Section 65402(a) requires that
City’s Planning Commission make a determination that the Mary Avenue public
right-of-way vacation (APN 326-27-053) is in conformance with the City’s General
Plan; and
WHEREAS, The City of Cupertino General Plan: Community Vision 2015-
2040 includes the Housing Element that lists the Mary Avenue property (APN 326-
27-053) as a priority housing site; and
WHEREAS, on January 27, 2026, the Planning Commission held a duly
noticed public hearing on the subject application, and considered evidence
presented by the City, city staff, and other interested parties.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Cupertino does hereby finds, determines, and resolves as follows:
Section 1: The Planning Commission has duly considered the full record before it,
including the staff report and presentation, facts, exhibits, public testimony and
other evidence and materials submitted or provided to the Commission.
Furthermore, the recitals set forth above are found to be true and correct and are
incorporated herein by reference.
98
PC 01-27-2026 Second Amended Searchable Packet
98 of 100
Resolution No. __________________
Page 2
Section 2: The Planning Commission hereby exercises its independent judgment
and determines that the action is exempt from CEQA pursuant to CEQA
Guidelines section 15061(b)(3). CEQA Guidelines section 15061(b)(3) states that a
project is exempt from CEQA if “it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the
environment.” The action is a determination of consistency with the General Plan
and therefore it can be seen with certainty that there is no possibility that the action
may have a significant effect on the environment.
Section 3: The Planning Commission finds in accordance with state law based on
the evidence in the public record that the Mary Avenue public right-of-way
vacation (APN 326-27-053) conforms to the City’s General Plan (Community
Vision 2015-2040.)
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Environmental Quality Act, together with related
State CEQA Guidelines (collectively, “CEQA”) because it has no potential for
resulting in physical change in the environment. In the event that this Resolution
is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility that the action approved may have a significant
effect on the environment. CEQA applies only to actions which have the potential
for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. In this
circumstance, the proposed action “Adopt a Resolution finding that the Fiscal Year
2025 - 2026 Capital Improvement Program proposal is consistent with the City's
General Plan” would have no or only a de minimis effect on the environment
because it is an administrative action. The foregoing determination is made by the
City of Cupertino Planning Commission in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
City of Cupertino this 27th day of January 2026, by the following vote:
Members of the Planning Commission
AYES:
NOES:
ABSENT:
99
PC 01-27-2026 Second Amended Searchable Packet
99 of 100
Resolution No. __________________
Page 2
ABSTAIN:
APPROVED:
________
Santosh Rao
Chair, Planning Commission
________________________
Date
ATTEST:
________
Piu Ghosh, Planning Manager
________________________
Date
100
PC 01-27-2026 Second Amended Searchable Packet
100 of 100