HomeMy WebLinkAboutPC Resolution No. 2026-09CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 2026-09
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE
APPROVAL PERMIT FOR A PROPOSED RESIDENTIAL DEVELOPMENT WITH
51 TOWNHOME STYLE CONDOMINIUM UNITS AND THE REMOVAL AND
REPLACEMENT OF 8 PROTECTED TREES LOCATED AT 10857,10867,10877, AND
10887 LINDA VISTA DRIVE (APNS: 356-06-001, -002, -003, AND -004)
The Planning Commission recommends that the City Council approve the Architectural
and Site Approval, in substantially similar form to the Draft Resolution attached hereto
as Exhibit ASA, with the following additional conditions of approval:
The applicant shall consider adding privacy hedges between the proposed units and
neighboring lots, in consultation with staff and the neighbors; and
Expand Municipal Code Section 11.32.055 requirements related to restrictions on truck
traffic to the project, by prohibiting truck traffic on Linda Vista Drive, Hyannisport
Drive, Bubb Road, and McClellan Road between 7:30-9:30 a.m. and 2:00-4:00 p.m.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 24th day of February 2026, by the following roll call vote:
AYES: COMMISSIONERS: Kosolcharoen, Fung, Lindskog
NOES: COMMISSIONERS: Rao, Scharf
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Piu Ghosh
Planning Manager
APPROVED:
Tracy Kosolcharoen
Chair, Planning Commission
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 2
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR A
PROPOSED RESIDENTIAL DEVELOPMENT WITH 51 TOWNHOME STYLE
CONDOMINIUM UNITS AND THE REMOVAL AND REPLACEMENT OF 8
PROTECTED TREES LOCATED AT 10857,10867,10877, AND 10887 LINDA VISTA
DRIVE (APNS: 356-06-001, -002, -003, AND -004)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2024-015
Applicant: SummerHill Homes, LLC
Location: 10857, 10867, 10877, and 10887 Linda Vista Drive
(APNs: 356-06-001, -002, -003, and -004)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the City Council of the City of Cupertino received an application for an
Architectural and Site Approval Permit as described in Section I of this resolution; and
WHEREAS, the project is determined to be statutorily exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA
Guidelines and Section 21080.66 of the Public Resources Code; and
WHEREAS, on February 24, 2026 the Planning Commission recommended on a 3-2 vote
that the City Council approve the approve the Vesting Tentative Map (TM -2024-009), in
substantially similar form to the Resolution presented (Resolution No. 2026-08), approve
the Architectural and Site Approval Permit (ASA-2024-015) in substantially similar form
to the Resolution presented (Resolution No. 2026-09), and approve the Tree Removal
Permit (TR-2024-044) in substantially similar form to the Resolution presented
(Resolution No. 2026-10); and
WHEREAS, on March 17, 2026, the City Council held a duly noticed public hearing to
receive staff's presentation and public testimony, and to consider the information
contained in the CEQA Exemption Memorandum prepared by David J Powers &
Associates, dated February 18, 2026, along with all staff reports, other pertinent
documents, and all written and oral statements received prior to and at the public
hearing; and
WHEREAS, all necessary public notices having been given as required by the City of
Cupertino Municipal Code and the Government Code, and the City Council held at least
one public hearing in regard to this application; and
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 3
WHEREAS, the City Council of the City of Cupertino is the decision -making body for
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application
for an Architectural and Site Approval Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
The project is consistent with the relevant land use designations in the General Plan and
Zoning Ordinance. It has been designed to be compatible with adjoining land uses, including
but not limited to having wider building setbacks from the single-family residences to the south
and north of the subject property, as well as providing landscaping along the building
frontages to help offset any potential building massing impacts and to ensure compatibility
with the existing streetscape. The project is conditioned to comply with the Environmental
Protection Standards of Cupertino Municipal Code Chapter 17.04. In addition, the proposed
project is considered statutorily exempt under State CEQA Guidelines Section 15061(b)(1)
because the proposed project would meet the requirements of the Public Resources Code (PRC)
Section 21080.66 (as further documented in the memorandum prepared by the City's
environmental consultant, David J. Powers & Associates). The project has been reviewed by
the City's Building Department and the Santa Clara County Fire Department and must meet
all Fire and Building Code requirements, which will be further reviewed prior to issuance of
building permits. Therefore, the project will not be detrimental or injurious to properties or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience.
2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any
specific plan, zoning ordinances, applicable planned development permit, conditional
use permits, variances, subdivision maps or other entitlements to use which regulate
the subject property including, but not limited to, adherence to the following specific
criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
The proposed project is the redevelopment of four residential properties with four existing
single-family residences. The adjacent residences immediately to the north and south of the
property are two-story structures with varying design styles. The proposed townhome
buildings are approximately 10 to 15 feet taller than the existing two-story residences. The
applicant has requested a waiver for the 30 foot height limitation to allow for buildings up
to 41 feet in height. Additionally, the townhomes are set back from the public street and
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 4
have vegetation and trees planted along Linda Vista Drive and Evulich Court for visual
screening. Landscaping is also proposed at the perimeter of the property, which will help
reduce the apparent mass and bulk of the proposed buildings.
b) In order to preserve design harmony between new and existing buildings and in
order to preserve and enhance property values, the materials, textures and colors
of new buildings should harmonize with adjacent development by being consistent
or compatible with design and color schemes, and with the future character of the
neighborhood and purposes of the zone in which they are situated. The location,
height and materials of walls, fencing, hedges and screen planting should
harmonize with adjacent development. Unsightly storage areas, utility installations
and unsightly elements of parking lots should be concealed. The planting of ground
cover or various types of pavements should be used to prevent dust and erosion,
and the unnecessary destruction of existing healthy trees should be avoided.
Lighting for development should be adequate to meet safety requirements as
specified by the engineering and building departments, and provide shielding to
prevent spill- over light to adjoining property owners.
The design quality of the development is consistent with the high -quality standards
encouraged by City Staff. The buildings meet the design qualities of a contemporary
Spanish, or Mediterranean style development. The architectural style is consistent
throughout the development and is consistent with the design styles that are encouraged
through the City's Single -Family Design Guidelines. Utility installation has been designed
to be screened by landscaping and/or incorporated into the building design. The lighting
for the development will be reviewed as part of the project construction documents to
ensure that they meet safety requirements while avoiding spill -over light to adjacent
properties and meet applicable Dark Sky standards. The proposed windows are consistent
with the City's bird -safe ordinance as well.
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures shall minimize traffic hazards and shall positively
affect the general appearance of the neighborhood and harmonize with adjacent
development; and
No signage is proposed as part of this project.
d) With respect to new projects within existing residential neighborhoods, new
development should be designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and
other appropriate design measures.
The development's lighting design has been reviewed to ensure that light intrusion onto
neighboring properties is avoided and will be further reviewed prior to issuance of building
permits to verify lighting requirements are met. The townhome buildings are not expected
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
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to result in an incompatible noise intrusion as the development consists of exclusively
residential uses within a residential area. Both permanent and temporary noise impacts
from the development have been evaluated through an Environmental Noise Assessment
that concluded that the project is not expected to exceed any of the City's adopted sound
level thresholds. Further, the project incorporates evergreen trees along the side property
lines to provide privacy screening and a larger setback between the buildings closest to the
adjacent single-family residential properties. Finally, the project design incorporates the
formal expansion of Evulich Court and places all proposed driveways off of the cul-de-sac,
thereby reducing the number of driveways exiting directly onto Linda Vista Drive.
3. When a project complies with objective standards, the HAA allows a city to
disapprove the project or to impose a condition that the project be developed at a
lower density only if the city finds both of the following, supported by a
preponderance of the evidence in the record:
a. The project would have a specific, adverse impact upon the public health
or safety unless the project is disapproved or approved upon the
condition that the project be developed at a lower density; and
b. No feasible method to satisfactorily mitigate or avoid the adverse impact
exists.
The project, as proposed, meets all applicable objective zoning, General Plan, and subdivision
standards. Based on the record, including the findings in the Categorical Exemption
memorandum, staff does not believe the above findings can be made with respect to the
proposed project.
4. The remaining sites identified in the Housing Element are adequate to meet the
requirements of Government Code Section 65583.2 and to accommodate the City's
share of the regional housing need. (Findings required by Government Code Section
65863(b)(2).)
The remaining sites in the housing element inventory are not adequate to meet the
requirements of Government Code Section 65583.2 and to accommodate the City's share of the
regional lower -income and moderate -income housing need. The Priority Housing sites in the
inventory are not adequate to accommodate the City's share of the regional lower income
housing need. Consistent with the City's BMR requirements, the project includes only 10
Moderate and zero Lower Income units, resulting in a shortfall of 8 Moderate income units
and 31 Lower Income units. While the City is unable to identify additional sites to
accommodate its RHNA concurrently with this project's approval, it is working toward being
compliant with State law in a timely manner.
5. The applicant has requested Density Bonus concessions and waivers. Pursuant to
Cupertino Municipal Code Section 19.56.070, before approving an application that
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
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includes a request for density bonus, concession, parking reduction and/or waiver,
the decision -making body shall make the following findings, as applicable:
a. That the residential project is eligible for the density bonus and any
concessions, parking reductions or waivers requested.
The project includes 10 Below Market Rate (BMR) units or 19.6% of the total number
of units proposed. Five of the twelve BMR units will be affordable to median -income
households (100-120% of Area Median Income) and the other five will be affordable
to moderate -income households (80-100% of Area Median Income) in compliance with
the City's BMR Program. As a density bonus project with at least 10% of units
reserved for sale to moderate -income households as defined by state law (80-120% of
Area Median Income), the applicant may request up to one concession and an
unlimited number of waivers.
b. That any requested concession will result in identifiable, financially
sufficient, and actual cost based on the financial analysis and documentation
provided.
This finding is superseded by the requirements of State Density Bonus Law,
Government Code Section 65915 which restricts a city's ability to deny certain
requests for concessions to the findings outlined in section 4 below. The project
applicant has indicated that the application of requirements to provide a mix of types
of BMR units would result in a significant financial burden and may impact the
number of units provided.
c. If the density bonus is based all or in part on donation of land, that all
requirements included Section 19.56.030C have been met.
No density bonus is proposed; therefore, the finding is not applicable.
d. If the density bonus is based all or in part on the inclusion of a childcare
facility, that all requirements included in Section 19.56.030 (D) have been met.
No density bonus is proposed; therefore, the finding is not applicable.
e. If the density bonus or incentive is based on a condominium conversion, that
all the requirements included in Section 19.56.030 (E) have been met.
No density bonus is proposed; therefore, the finding is not applicable.
f. If the incentive includes mixed -use development, that all requirements
including in Section 19.56.40 (B) (2) have been met.
The project is not a mixed -use development; therefore, the finding is not applicable.
g. If a waiver is requested, that that the development standards for which the
waivers are requested would have the effect of physically precluding the
construction of the housing development with the density bonus and
incentives or concessions permitted.
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
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The development standards for height, setbacks, floor area, parking design, and park
land dedication requirements would physically preclude the development as
proposed. These development standard limitations could affect the project by the loss
of units or unit sizes, which may include those designated as affordable.
h. That all the applicable requirements in Section 19.56.040C have been met, if a
reduction in off-street parking standards for an eligible housing development
is requested.
No reduction in off-street parking requirements is being requested; therefore, the
finding is not applicable.
6. Since the above applicable findings can be made, the decision -making body may only
deny an application for a waiver or concession if one of the following written findings
can be made, supported by substantial evidence:
a. That the incentive or concession, or waiver would have an adverse impact on
real property listed in the California Register of Historic Resources; or
No property on the site or near it is listed in the California Register of Historic
Resources.
b. That the incentive or concession, or waiver would have a specific, adverse
impact upon public health or safety or the physical environment, and there is
no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact without rendering the residential project unaffordable to low- and
moderate -income households. For the purpose of this subsection, "specific,
adverse impact" means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified, written public health or safety
standards, policies, or conditions as they existed on the date that the
application for the residential project was deemed complete; or
Both the Fire and Building departments have preliminary reviewed the plans and not
found conditions proposed which would create a "specific, adverse impact. " In
addition, the project is conditioned to ensure compliance with both Fire and Building
Code, prior to issuance of building permits. The project is also conditioned to comply
with the Environmental Protection Standards of the Cupertino Municipal Code
Chapter 17.04. Further, under the CEQA Guidelines section 15332 (Infill
Development Projects), the project has been found to be exempt from CEQA as further
documented in the memorandum prepared by the City's environmental consultant,
David J. Powers & Associates. Therefore, the proposed development, incorporating the
proposed concessions and waivers, is not expected to have a specific, adverse impact
upon public health or safety or the physical environment.
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 8
c. That the incentive or concession, or waiver is contrary to state or federal law.
The requested concessions and waivers are not contrary to state or federal law.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution,
beginning on PAGE 4 herein, and subject to the conditions contained in all other
Resolutions approved for this Project.
The application for an Architectural and Site Approval, Application No. ASA-2024-015,
is hereby approved, and that the subconclusions upon which the findings and conditions
specified in this Resolution are based are contained in the Public Hearing record
concerning Application no. ASA-2024-015 as set forth in the Minutes of the City Council
Meeting of March 17, 2026 Meeting, and are incorporated by reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "10857 Linda Vista Drive" dated January
12, 2026 consisting of 105 sheets labeled as, A01- A24, C1.0 - C7.0, L1.1 - L10.1,
INT1-INT4, PrSL1, PrSL2, PS -1, and TM1.0, drawn by SDG Architects Inc., R3
Studios, Giacalone Design Services, Inc., Associated Lighting Representatives,
Inc., and Carlson, Barbee & Gibson, Inc., except as may be amended by conditions
in this resolution.
2. PRIVACY PLANTING
The applicant shall consider the addition of privacy hedges between the proposed
units with views as defined under Section 19.28.120 of the Municipal Code and
abutting properties, in consultation with staff and the neighbors. Landscape plans
may be modified, subject to staff review, to address this consideration.
3. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or
construction records. Any misrepresentation of any property data may invalidate
this approval and may require additional review.
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 9
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TM -2024-009 and TR-2024-044
shall be applicable to this approval.
5. 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.
6. TRAIL CONNECTION REQUIREMENTS
The applicant shall be responsible for the design and construction of a pedestrian and
bicycle trail connection from the project site to the Stevens Creek Trail. At the time of
building permit application, the construction plans shall include a design
substantially consistent with the Trail Connection Exhibit subject to review and
approval by the Community Development Director and City Engineer. The cost of
design and construction of the trail connection shall be verified by the City's third -
party consultant, at the expense of the applicant.
In -Lieu Fee Credit
The applicant shall receive a pro rata credit toward the in -lieu Parkland Dedication
fees for each unit. Credit towards the Parkland in -lieu fees shall not exceed $377,000.
The final credit amount shall be based on verified costs and reconciled accordingly. If
the verified costs are less than the credited amount, the applicant shall pay the
difference to the City prior to Final Map approval.
Public Access
Prior to issuance of the certificate of occupancy for the first residence, the applicant
shall grant a public access easement to the City between the public right-of-way and
the trail connection, substantially consistent with the Trail Connection Exhibit. The
trail connection shall be open from dawn to dusk in accordance with standard park
operating hours.
Maintenance
Prior to issuance of the final Building Permit, the developer shall enter into an
Operations and Maintenance Agreement with the City, in a form approved by the
City Attorney.
The Agreement shall, at a minimum, require the property owner (or successor in
interest) to:
1. Maintain the trail connection and all associated improvements in a safe, clean, and
operable condition at all times.
2. Be responsible for ongoing repair, replacement, and upkeep of all non-standard
improvements associated with the trail connection, which may include, but are not
limited to: landscaping, irrigation systems, sidewalk, specialty pavers, lighting,
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 10
signage, striping, furnishings, drainage improvements, and related
appurtenances.
3. Promptly repair any damage, deterioration, vandalism, or hazardous condition.
4. Maintain landscaping in a healthy and attractive condition, including regular
pruning, weeding, litter removal, irrigation management, and replacement of
dead or diseased plant materials.
5. Maintain lighting and other safety features in good working order.
The Agreement shall run with the land and shall be binding on all successors and
assigns. Failure to maintain the improvements in accordance with the Agreement may
result in the City performing necessary maintenance and recovering costs from the
property owner, as provided in the Agreement.
Timing of Completion
The trail connection shall be completed prior to the issuance of the final Certificate of
Occupancy for the 51St unit.
Condition Precedent
If the City Council does not authorize the requested credit to the in -lieu Parkland
Dedication Fees, the project shall not be required to provide the pedestrian and bicycle
trail connection, and payment of the full in -lieu fee shall satisfy all parkland
dedication requirements.
7. COMMON OPEN SPACE
The residential common open space shall provide amenities for passive and/or
active recreation, as shown on plans, including but not limited to play structures,
barbeque areas, picnic tables etc. and shall not be retained as or converted to only
a passive hardscaped or landscaped area.
8. SETBACK AND LANDSCAPE AREAS
Pursuant to the geotechnical peer review, the applicant shall maintain a 25 -foot
structural setback from the top of the western slope.
Approved setback and landscaped areas shall remain free and clear of any
accessory structures that have not been approved as part of this project. This
includes any private side yard areas approved as part of this project.
9. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. The final building design and exterior treatment plans
(including but not limited to details on exterior color, materials, architectural
treatments, doors, windows, lighting fixtures, and/or embellishments) shall be
reviewed and approved by the Director of Community Development prior to
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 11
issuance of building permits and through an in -field mock-up of colors prior to
application to ensure quality and consistency. Any exterior changes determined to
be substantial by the Director of Community Development shall either require a
modification to this permit or a new permit based on the extent of the change.
10. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies
about the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
11. DEVELOPMENT APPROVAL
The project is granted approval to construct:
a. 51 townhomes, subject to affordability requirements of Condition #11, with a
maximum floor area as identified on approved plans;
b. 102 parking spaces;
c. 51 private bicycle spaces;
d. 12 shared bicycle racks;
e. Landscaping in designated locations with the use of native and drought
tolerant plants;
f. Vegetated stormwater treatment facilities with the use of native plants;
g. 11,728 square feet of private open space across all units;
h. 30,132 square feet of common open space;
i. Screened mechanical equipment; and
j. Three new fences along the northern, southern, and western property lines
12. AFFORDABLE UNITS
The project shall include 5 units affordable to median -income households and 5 units
affordable to moderate -income households as determined by the City's BMR
Mitigation Manual, unless modified through the replacement requirements outlined
in Condition 12 below.
13. TENANCY VERIFICATION AND REPLACEMENT REQUIREMENTS
Prior to issuance of any demolition, grading, or building permit for the project, the
applicant shall demonstrate to the satisfaction of the Director of Community
Development that the project complies with the replacement housing
requirements of California Government Code Section 65915 subsection (c)(3). The
applicant shall submit a written replacement housing plan identifying any
dwelling units on the project site that, within five (5) years prior to the application
for the density bonus, were subject to recorded affordability restrictions, rent or
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 12
price control ordinances, or occupied by lower- or very low-income households,
or otherwise qualify as protected units under state law. The plan shall specify the
number, bedroom count, affordability level, and tenure (rental or ownership) of
all such units and shall demonstrate that the project replaces those units on a one -
for -one basis with units of equivalent size and at the same or lower income
category, consistent with state law. Replacement ownership units shall be subject
to resale controls and an initial occupancy requirement by income -qualified
households at an affordable housing cost, all as defined by state law.
The Applicant shall execute and record an Affordable Housing Agreement, in a
form approved by the City Attorney, memorializing the replacement obligations,
affordability terms, monitoring requirements, and enforcement provisions prior
to issuance of the first building permit. No certificate of occupancy shall be issued
for any market -rate unit until the required replacement units are constructed and
made available for occupancy, unless an alternative phasing plan ensuring no net
loss of protected units is approved by the Director of Community Development in
compliance with state law.
14. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state's Density Bonus law, the project is granted one
concession and five waivers as requested and indicated on the approved project
plans as follows:
a. Concession to address different unit type for BMR units;
b. Waiver to increase the maximum height of buildings;
c. Waiver for reduced street side and interior side setbacks;
d. Waiver to reduce private outdoor space dimensions;
e. Waiver to increase the maximum floor area ratio; and
f. Waiver for reduced parking space dimensions.
15. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project
in accordance with the approved plans and with the City's Parking Regulations
under Chapter 19.124 of the Cupertino Municipal Code.
16. BMR UNIT DESIGN REQUIREMENTS
Prior to building permit issuance, the Applicant shall detail how the following
requirements are met:
a. The BMR units shall be comparable to market -rate units in terms of number of
bedrooms per unit, quality of exterior appearance and overall quality of
construction.
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 13
b. The BMR unit size should generally be representative of the unit sizes within
the market -rate portion of the residential project.
c. Interior features and finishes in the affordable units shall be durable, of good
quality and consistent with the contemporary standards of new housing.
17. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any residential building
permit, an affordable housing agreement shall be recorded against the property.
The affordable housing agreement shall include, but not be limited to the
following, in compliance with the BMR Housing Mitigation Manual:
a. Total number of BMR units, type, location (site map), square footage, number
of bedrooms, and construction scheduling of market -rate and BMR units;
b. Provisions to ensure concurrent construction and completion of BMR units and
market -rate units;
c. Affordability levels for each BMR unit;
d. Prices for BMR units as provided for in the BMR mitigation manual;
e. Provisions for income certification and screening of potential occupants of
BMR units;
f. Restriction control mechanisms;
g. Financing of ongoing administrative and monitoring costs;
h. Other reasonably required provisions to implement the Affordable Housing
Plan.
18. BMR UNIT TERMS OF AFFORDABILITY
Prior to occupancy, the proposed project shall record covenants that require the
units to be sold at prices that are affordable to moderate and median levels for a
period not less than 99 years from the date of first occupancy of the unit.
19. PUBLIC ART REQUIREMENT
Public art shall be provided for the project in accordance with General Plan Policy
2-66 and the City's Public Art Ordinance (Chapter 19.148 of the Cupertino
Municipal Code). The minimum expenditure for the artwork, including, but not
limited to design, fabrication, and installation is one (1) percent of the construction
valuation for the first $100 million on construction valuation, or 0.9% of
construction valuation for valuation in excess of $100 million. The project pro
forma shall be provided to the City to confirm the project budget. The public art
plans (including location and design) shall be reviewed by the Fine Arts
Commission during the building permit stage, in advance of final occupancy.
Once approved by the Fine Arts Commission, the public artwork shall be installed
to the satisfaction of the City prior to final occupancy.
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 14
In the event the developer or property owner determines that the placement of
artwork on a particular property may not be feasible, the developer or property
owner may apply to the City for an in -lieu payment alternative as indicated in
Chapter 19.148 of the Cupertino Municipal Code, subject to review of the Fine Arts
Commission and the City Council. The in lieu payment shall be 1.25% of the
construction valuation.
20. PUBLIC ART MAINTENANCE REQUIREMENT
In accordance with the requirements of Municipal Code Chapter 19.128, the
property owner shall maintain approved public artwork in good condition
continuously after its installation, as determined appropriate by the City.
Maintenance shall include all related landscaping, lighting, and upkeep, including
the identification plaque. Artwork required or approved cannot be removed,
except for required maintenance or repair, unless approved by the City; at which
time the City may require replacement or relocation of the artwork. In the event
that the artwork is relocated in the public right-of-way, a maintenance agreement
with the City shall be required.
21. TRIBAL CONSULTATION CONDITIONS
Prior to issuance of any demolition, grading, or building permit, the applicant shall
demonstrate to the satisfaction of the Director of Community Development that the
project complies with the requirements of Public Resources Code Section 21080.66.
Compliance with this condition shall be ongoing throughout all ground -disturbing
and restoration activities.
As requested by a California Native American tribe traditionally and culturally
affiliated with the project area, the Applicant shall retain and fund tribal monitoring
during all ground -disturbing activities. The designated tribal monitor shall be
selected by the tribe and shall comply with the applicant's site access and workplace
safety requirements. The applicant shall compensate the tribal monitor at a reasonable
rate, determined in good faith, that aligns with customary compensation for cultural
resource monitoring, taking into account factors such as the scope and duration of the
project.
Tribal cultural resources shall be avoided where feasible, in accordance with
subdivision (a) of Section 21084.3. In furtherance of this requirement, where feasible,
the project applicant shall provide deference to tribal preferences regarding access to
spiritual, ceremonial, and burial sites, and incorporate tribal traditional knowledge in
the protection and sustainable use of tribal cultural resources and landscapes.
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 15
All identification, treatment, and documentation of tribal cultural resources shall be
conducted in a culturally appropriate manner consistent with Public Resources Code
Section 21083.9.
Prior to permit issuance, the Applicant shall complete a California Historical
Resources Information System (CHRIS) archaeological records search and a tribal
cultural records search for the project site and shall submit a Sacred Lands Inventory
request to the Native American Heritage Commission.
The project shall comply with California Health and Safety Code Section 7050.5 and
Public Resources Code Section 5097.98, including immediate cessation of work in the
event of the discovery of human remains or burial resources and treatment in
accordance with applicable law and consultation with the appropriate California
Native American tribe.
Where applicable to the environmental context of the site, the applicant shall
incorporate tribal ecological knowledge into any habitat restoration or landscape
management measures associated with the project.
22. SOIL MANAGEMENT PLAN
If any unanticipated structure or evidence of contamination is discovered during
construction activities on -site, the project shall halt work in the area of the discovery
and a qualified professional shall prepare a Soil Management Plan. The Soil
Management Plan (if required) shall be subject to review and approval by the City's
third -party consultant, at the expense of the applicant.
23. GEOLOGIC AND GEOTECHNICAL CONDITIONS
a. Structural Plans — Prior to Building Permit issuance, structural plans shall be
developed that incorporate the recommendations of the geotechnical consultant.
b. Geotechnical Plan Review - Prior to Building Permit issuance, the Project
Geotechnical Consultant shall review and approve all geotechnical aspects of the
development plans (i.e., site preparation and grading, drainage improvements,
design parameters for foundations, and retaining walls) to ensure that their
recommendations have been incorporated.
The Structural Plans and Geotechnical Plan Review shall be submitted to the City
for review by the City staff and City Geotechnical Consultant prior to issuance of
building permits.
c. The following shall be performed prior to final (as -built) project approval:
i. Geotechnical Construction Inspections - The geotechnical consultant shall
inspect, test (as needed), and approve all geotechnical aspects of the project
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
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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 and retaining walls prior
to placement of steel and concrete.
ii. Geotechnical Inspection Final Report - The results of these inspections and
the as -built conditions of the project shall be described by the geotechnical
consultant in a letter and submitted to the City Engineer for review and
approval prior to final (as -built) project approval.
24. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance
(CMC, Chapter 14.15). A landscape installation audit shall be conducted by a
certified landscape professional after the landscaping and irrigation system have
been installed. The findings of the assessment shall be consolidated into a
landscape installation report.
The landscape installation report shall include but is not limited to: inspection to
confirm that the landscaping and irrigation system are installed as specified in the
landscape and irrigation design plan, system tune-up, system test with
distribution uniformity, reporting overspray or run-off that causes overland flow,
and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The
landscape and irrigation system have been installed as specified in the landscape
and irrigation design plan and complies with the criteria of the ordinance and the
permit."
25. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall
be established and submitted to the Director of Community Development or
his/her designee, either with the landscape application package, with the
landscape installation report, or any time before the landscape installation report
is submitted.
a. Schedules should take into account water requirements for the plant
establishment period and water requirements for established landscapes.
b. Maintenance shall include, but not be limited to the following: routine
inspection; pressure testing, adjustment and repair of the irrigation system;
aerating and de -thatching turf areas; replenishing mulch; fertilizing; pruning;
replanting of failed plants; weeding; pest control; and removing obstructions
to emission devices.
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 17
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.
26. RESIDENTIAL SCREENING COVENANT
The property owner shall record a covenant on this property to inform future
property owners of the residential screening measures and tree protection
requirements consistent with the approved plans and reference these in the
Property Owner Association documentation. The precise language will be subject
to approval by the Director of Community Development. Proof of recordation
must be submitted to the Community Development Department prior to final
occupancy of the residence.
27. LANDSCAPE PROTECT 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.
28. LANDSCAPE AND IRRIGATION PLANS
The applicant shall submit detailed landscape and irrigation plans to be reviewed
and approved by Community Development prior to issuance of building permits.
The landscape plan shall include water conservation and pesticide reduction
measures in conformance with Chapter 14.15, Landscape Ordinance, and the
pesticide control measures referenced in Chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection, of the Cupertino Municipal Code.
29. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project, unless an alternative phasing
plan is approved by the Director of Community Development and City Engineer.
30. EXTERIOR BUILDING MATERIALS/TREATMENTS
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 18
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of
building permits to ensure quality and consistency. Any exterior changes
determined to be substantial by the Director of Community Development shall
either require a modification to this permit or a new permit based on the extent of
the change.
Future changes to the exterior building materials/treatments must be reviewed
and approved by the Property Owner's Association. However, any changes to the
building materials that do not match the approved materials shall require an
amendment to this permit or a new permit.
31. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved lighting plans to comply with
development standards of Cupertino Municipal Code Section 19.102.030 Bird -Safe
Development Requirements and Section 19.102.040 Outdoor Lighting
Requirements. In the event changes are proposed from the approved plans, said
changes must be reviewed and approved by the Director of Community
Development or their designee. The applicant shall provide all documentation
required to determine compliance with the Municipal Code. The final lighting
plan (including a detailed photometric plan) shall be reviewed and approved by
the Director of Community Development prior to building permit issuance. A
report from a licensed lighting engineer may be required to confirm all exterior
lighting throughout the site complies with the City's Ordinance.
32. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed
in underground vaults. The developer must receive written approval from both
the Public Works Department and the Community Development Department
prior to installation of any above ground equipment. Should above ground
equipment be permitted by the City, equipment and enclosures shall be screened
with fencing and landscaping such that said equipment is not visible from public
street areas, as determined by the Community Development Department.
33. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide
a detailed utility plan to demonstrate screening or undergrounding of all new
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 19
utility structures [including, but not limited to backflow preventers (BFP), fire
department connections (FDC), post -indicator valves (PIV), and gas meters] to the
satisfaction of the Director of Community Development, Public Works, Fire
Department, and applicable utility agencies.
34. GREEN BUILDING
The project shall be constructed in accordance with the City's Green Building
Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall
obtain LEED Silver certification or an alternative reference standard in accordance
with the ordinance since the building size is over 50,000 square feet. Third party
LEED certification or alternative reference standard is required per the ordinance
criteria and costs associated with third -party review shall be paid by the applicant.
35. EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be
screened so they are not visible from public street areas or adjoining
developments. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. A line of sight plan may be
required to demonstrate that the equipment will not be visible from any public
right-of-way. The location of the equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits.
36. TITLE 17 REQUIREMENTS
At the time of application for Building Permits, the applicant shall demonstrate, to the
satisfaction of the Director of Community Development, that the project is and will
be consistent with the requirements for construction outlined in Cupertino Municipal
Code Chapter 17.04.
37. NOISE LEVELS AND ABATEMENT
Project uses and all equipment installed on the site shall comply with the City's
Community Noise Control Ordinance at all times. Installation of any mechanical
or other equipment shall be evaluated to determine that the installation meets the
City's Community Noise Control Ordinance. Any documentation or studies
required to determine this shall be provided by the applicant as his/her sole
expense. Should the project exceed any of the stipulated maximum noise levels
outlined in the City's Community Noise Control Ordinance, an acoustical
engineer may be required to submit noise attenuation measures to the satisfaction
of the Director of Community Development at the applicant's expense.
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
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38. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials were recycled prior to occupancy.
39. 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.
40. 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.
41. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of any demolition, grading and building permit, indicate the
following on all construction plans:
a. Demolition, construction, ground -disturbing, and tree removal/pruning
activities shall be scheduled to be completed prior to nesting season (February
1 through August 31), if feasible.
b. If demolition, construction, ground -disturbing, or tree removal/pruning
activities occur during the nesting season (February 1 and August 31),
preconstruction surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, ground -
disturbing, or tree removal/pruning activities, in order to identify any
active nests with eggs or young birds on the site and surrounding area
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:
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
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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 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
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 22
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.
42. 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.
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
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
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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.
43. 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 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.
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 24
44. 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 additional noticing
requirements below.
45. 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
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 25
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.
46. EXCESSIVE NOISE AND VIBRATIONS
Per General Plan Policy HS -8.3, construction contractors shall use the best
available technology to minimize excessive noise and vibration from construction
equipment such as pile drivers, jack hammers, and vibratory rollers during
construction.
47. PRE -CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT
PT AM
A demolition and construction management plan shall be submitted and reviewed
prior to building permit issuance. Prior to commencement of construction
activities, the applicant shall arrange for a pre -construction meeting with the
pertinent departments (Building, Planning, and Public Works) to review the
prepared construction management plan, to ensure that construction complies
with the conditions of approval, staging of construction equipment is appropriate,
tree protection measures are in place, public access routes are identified, and noise
and dust control measures are established. The plan shall include but not be
limited to the following:
a. Appropriate construction staging area
b. Hours of construction
c. Compliance with the City noise ordinance
d. Best management practices
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Page 26
e. Staging of construction equipment shall not occur within feet of any
residential property.
f. Any other measures as determined to be appropriate by the Director of
Community Development
48. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and
construction hours and noise limit requirements on all demolition, construction
and grading permits, and in the construction management plan(s), unless
otherwise indicated.
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during nighttime period as defined in Section 10.48.053(b) of the
Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code.
Nighttime construction is allowed if compliant with nighttime standards of
Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
49. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction
of the approved project. The applicant shall provide information and plans to
allow the Building Official and the Fire Marshall or their designee that the
proposed plans comply with Building and Fire Codes in effect at the time of
application for a building permit.
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 27
50. PROPERTY OWNERS' ASSOCIATION
A Property Owner's Association shall be formed to maintain the common areas of
the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be
reviewed and approved by the City Attorney and the Director of Community
Development prior to recordation. The following terms shall be incorporated into
the Association's Conditions, Covenants and Restrictions:
• The members/board shall meet at a minimum of once/year
• The Association dues shall cover:
o Maintenance of common area on the property in compliance with the
approved project conditions of approval, including hardscaping,
parking, landscaping and accessory facilities and amenities, such as
trash bins/areas, common amenity areas, tree grates, outside trash bins,
fences, etc,
o Building and site repair on a regular schedule, or as otherwise
necessary, and building renovation and replacement as necessary to
ensure that the property is maintained.
o Permits, including tree removal permits, required for maintenance and
repair of facilities in the common areas
• Any changes to the exterior of the development must be reviewed by the
Property Owner's Association and changes must be considered in the context
of the development as a whole, and not on a unit -by -unit basis.
• CC&R's shall ensure that private open space is kept tidy and free of clutter
and visual blight.
• Any changes to the CC&R's must be reviewed and approved by the City
• Disbanding of the Association shall require an amendment to this permit to
be reviewed and approved by the original approval authority.
51. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The
plan shall specify locations of trash facilities, refuse pick up schedules and truck
delivery schedules and routes. All trash facilities must be screened and enclosed
to the satisfaction of the Public Works Department. The final plan shall be
submitted to the City for review and approval prior to issuance of building
permits.
52. 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,
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 28
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.
53. 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),
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 29
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
54. STREET IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and street improvements along the project frontage
will be required to the satisfaction of the Director of Public Works. Street
improvements, grading and drainage plans must be completed and approved prior
to Final map approval.
Street improvements may include, but not be limited to, new detached sidewalk,
driveways, curb and gutter, remove/replace existing driveway cuts, utility
mains/laterals, street tree installations, and street light installation. All improvements
must be completed and accepted by the City prior to Building Final Occupancy or
Street Improvement Encroachment Permit acceptance whichever comes first.
Additional comments will be provided and shall be incorporated prior to Final Map
approval.
55. ACCEPTANCE OF PROPERTY RIGHTS
The Public Works Director, or his/her designee, shall have the authority to accept all
offers of dedications, easements, quitclaims and other property rights and interests on
behalf of the City.
56. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance
with grades and standards as specified by the Director of Public Works. All
improvements must be completed and accepted by the City prior to Building Final
Occupancy or Street Improvement Encroachment Permit acceptance whichever
comes first.
57. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (e.g. walkway
and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and
the Pedestrian Transportation Guidelines, and as approved by the Director of Public
Works. All improvements must be completed and accepted by the City prior to
Building Final Occupancy or Street Improvement Encroachment Permit acceptance
whichever comes first.
58. STREET LIGHTING INSTALLATION
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 30
Street lighting shall be installed and shall be as approved by the Director of Public
Works. Lighting fixtures shall be positioned so as to preclude glare and other forms
of visual interference to adjoining properties, and shall be no higher than the
maximum height permitted by the zone in which the site is located.
59. 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.
60. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works and
satisfy any requirements from the environmental analysis. Hydrology and pre- and
post -development hydraulic calculations based on the 10 -year storm event must be
provided to indicate whether additional storm water control measures are to be
constructed or renovated. The storm drain system may include, but is not limited to,
subsurface storage of peak stormwater flows (as needed), bioretention basins,
vegetated swales, and hydrodynamic separators to reduce the amount of runoff from
the site and improve water quality. The storm drain system shall be designed to detain
water on -site (e.g., via buried pipes, retention systems or other approved systems and
improvements) as necessary to avoid an increase of the ten percent flood water surface
elevation to the satisfaction of the Director of Public Works. Any storm water
overflows or surface sheeting should be directed away from neighboring private
properties and to the public right of way as much as reasonably possible.
All storm drain inlets shall be clearly marked with the words "No Dumping — Flows
to Creek" using permanently affixed metal medallions or equivalent, as approved by
the Environmental Programs Division.
Additional comments will be provided and shall be incorporated prior to Final Map
approval.
61. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
5,000 S.F. or more of impervious surface, collectively over the entire project site. The
developer shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment, unless
an alternative storm water treatment plan, that satisfies C.3 requirements, is approved
by the Director of Public Works.
The project is located in a Hydromodification Management (HM) area and will create
and/or replace one acre or more of impervious surface. The project must comply with
the Post -Construction Hydromodification Management requirements which entail
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 31
HM projects to demonstrate that post -project runoff does not exceed estimated pre -
project runoff rates and durations.
The developer must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan and
a Storm Water Facilities Operation, Maintenance and Easement Agreement, and
certification of ongoing operation and maintenance of treatment BMPs are each
required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
If the Project is subject to (Covenants, Conditions, and Restrictions (CC&R) and
Homeowners Association (HOA), CC&R must also include languages pertaining to
the stormwater treatment measures.
62. SUBDIVISION IMPROVEMENT AGREEMENT
The project developer shall enter into a Subdivision Improvement Agreement with
the City of Cupertino providing for payment of fees, including but not limited to
checking and inspection fees, storm drain fees, transportation impact fees, park
dedication fees and fees for under grounding of utilities. Said agreement and fees shall
be executed and paid prior to Final map approval.
Fees:
a. Checking & Inspection Fees: Per current fee schedule ($6,203 or 5% of
improvement costs)
b. Grading Permit: Per current fee schedule ($5,365 or 6% of
improvement costs)
c. Tract Map Fee: Per current fee schedule ($15,013)
d. Storm Drainage Fee: Per current fee schedule ($4,548 per AC +
$345 per unit)
e. Transportation Impact Fee: Per current fee schedule: ($4,215 per new
unit) credit for 4 existing units
f. Encroachment Permit Fee: Per current fee schedule ($3,895 or 5% of
improvement costs)
g. Park Fees: Per current fee schedule: ($54,000 per new
unit) $1,794,000 for 41 new units, 10 BMR units
waived, credit for 4 existing units
h. Storm Management Plan Fee Per current fee schedule ($2,432)
i. Street Tree Fee: By Developer or Per current fee schedule:
$562 per tree
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 32
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
change or changes, the fees changed at that time will reflect the then current fee
schedule.
63. FINAL MAP
A final map will be subject to City Council approval and shall be recorded prior to
issuance of any building permits for vertical construction. Existing buildings must be
demolished prior to recordation of the final map as building(s) cannot straddle
between lot lines.
64. TRANSPORTATION
The Project is subject to the payment of Transportation Impact Fees under City's
Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal Code).
65. PARKS
The residential units are subject to the Park Land Dedication (for units 50 or more) or
the payment of parkland fees in -lieu of parkland dedication per Chapter 13.08 and
Chapter 18.24 of the Cupertino Municipal Code. The City Council has the ultimate
discretion to require parkland dedication or accept park in -lieu fees. (for units 50 or
more)
The Below Market Rate (BMR) program manual, which was last amended by City
Council on July 2, 2024 per Resolution 24-067, authorizes the waiver of park fees for
BMR units. Pursuant to Resolution 24-067, parkland dedication in -lieu fees for the 10
BMR units proposed for this project are hereby waived.
66. 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.
67. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's "Public Works
Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 33
Environmental Programs Manager. Clearance by the Public Works Department is
required prior to obtaining a building permit. (CMC 9.18.210 H & K)
Applicant shall enter into an agreement with the City that indemnifies and holds
harmless both the City and the refuse and recycling collection company (Recology)
from and against any harm, damage or maintenance that may occur or become
necessary to onsite paving stone driveway surfaces.
68. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
prior to Final Map approval. The Agreement shall include the operation and
maintenance for non-standard appurtenances in the public road right-of-way that
may include, but is not limited to, landscaping, street trees, sidewalk, pavers, and
street lights.
69. 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.
70. 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.
71. 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.
72. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be
included in grading and street improvement plans.
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 34
73. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB),
the developer must obtain a Notice of Intent (NOI) from the SWRCB, which
encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use
of construction Best Management Practices (BMPs) to control storm water runoff
quality, and BMP inspection and maintenance.
74. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
75. 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.
76. 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 Traffic
Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
77. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the
Director of Public Works and shall be of a type approved by the City in accordance
with Ordinance No. 125.
78. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
79. 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).
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 35
80. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
81. 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 prior to
Final Map approval.
82. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract
water from the underground basin or any underground strata in the Santa Clara
Valley.
83. SANITARY DISTRICT
A letter of clearance or sign off of street improvement plans for the project shall be
obtained from the Cupertino Sanitary District prior to Final Map approval.
84. 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 Final Map approval.
85. TRUCK RESTRICTIONS
In addition to the restrictions of Municipal Code Section 11.32.055, project related
truck traffic shall not occur between the hours of 7:30 a.m. and 9:30 a.m. in the
morning and the hours of 2:00 p.m. and 4:00 p.m. in the afternoon Monday through
Friday, on the following roadway segments:
i. McClellan Road, between Stelling Road and Linda Vista Drive;
ii. Linda Vista Drive;
iii. Bubb Road, between McClellan Road and Columbus Avenue; and
iv. Hyannisport Drive, between Bubb Road and Linda Vista Drive.
SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
1. CUPERTINO SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to Final Map approval. The letter shall include their review and approval
of any existing sanitary sewer easements to be quitclaimed and the creation of any
new sanitary sewer easements.
Resolution No. 2026-09 ASA-2024-015 March 17, 2026
Page 36
2. INSTALLERS AGREEMENT
The property owner shall enter into an Installer's Agreement with the District for the
construction of the proposed sewer infrastructure prior to issuance of Building
Permits.
3. PAYMENT OF FEES
The property owner shall pay all required New Lateral, Serer Development,
Treatment Plant Capacity, plan check, and permit fees to the District prior to issuance
of Building Permits.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of March, 2026, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Kitty Moore, Mayor
Date
City of Cupertino
ATTEST:
Lauren Sapudar, City Clerk
Date