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Home My WebLink AboutPC 05-12-26 Searchable PacketCITY OF CUPERTINO PLANNING COMMISSION AGENDA 10350 Torre Avenue, Council Chamber and via Teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): The Woodlands Resort (Lobby) 2301 N Millbend Dr, The Woodlands, TX 77380 Tuesday, May 12, 2026 6:45 PM IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION OPTIONS TO OBSERVE: Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 24 or Channel 26 and U-Verse Channel 99 on your TV. 3) Watch a live stream online at www.Cupertino.gov/youtube and www.Cupertino.gov/webcast 4) Attend in person at 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. OPTIONS TO PARTICIPATE AND COMMENT: Members of the public wishing to address the Planning Commission may do so in the following ways: 1) Appear in person at Cupertino Community Hall: a. During “Oral Communications”, the public may comment on matters not on the agenda, and for agendized matters, the public may comment during the public comment period for each agendized item. b. Speakers are requested to complete a Speaker Card. While completion of Speaker Cards is voluntary and not required to attend the meeting or provide comments, it is helpful for the purposes of ensuring that all speakers are called upon. c. Speakers must wait to be called, then proceed to the lectern/podium and speak into the microphone when recognized by the Chair. d. Speakers are limited to three (3) minutes each. However, the Chair may reduce the speaking time depending on the number of people who wish to speak on an item. A speaker representing a group of 2 to 5 or more people who are present may have up to 2 minutes per group member, up to 10 minutes maximum. Page 1 1 PC 05-12-2026 1 of 106 Planning Commission Agenda May 12, 2026 e. Please note that due to cyber security concerns, speakers are not allowed to connect any personal devices at the lectern/podium. However, speakers that wish to share a document (e.g. presentations, photographs or other documents) during oral comments may do so in one of the following ways: i. At the overhead projector at the podium or ii. E-mail the document to planningcommission@cupertino.gov by 3:00 p.m. and staff will advance the slides/share the documents during your oral comment. 2) Written communications as follows: a. E-mail comments to planningcommission@cupertino.gov b. Regular mail or hand delivered addressed to the: Cupertino Planning Commission, City Hall, 10300 Torre Avenue, Cupertino, CA 95014 c. Comments addressed to the Planning Commission received by 5:00 p.m. on the day of the meeting will be included in written communications published and distributed before the beginning of the meeting. d. Comments addressed to the Planning Commission received after the 5:00 p.m. deadline, but through the end of the Planning Commission meeting, will be posted to the City’s website by the end of the following business day. 3) Teleconference in one of the following ways: a. Online via Zoom on an electronic device (Audio and Video): Speakers must register in advance by clicking on the link below to access the meeting: https://cityofcupertino.zoom.us/webinar/register/WN_TjCX2Z-JTXe2gLy6OZmNkA i. Registrants will receive a confirmation email containing information about joining the webinar. ii. Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak. iii. 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: i. Dial 669-900-6833 and enter WEBINAR ID: 834 7989 9743 ii. To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 iii. Speakers will be recognized to speak by the last four digits of their phone number. Page 2 2 PC 05-12-2026 2 of 106 Planning Commission Agenda May 12, 2026 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: 834 7989 9743 SIP: 83479899743@zoomcrc.com 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. i. 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. ii. 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 April 28, 2026 Planning Commission Minutes. Recommended Action: Approve the April 28, 2026 Planning Commission Minutes. 1 - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. PUBLIC HEARINGS Page 3 3 PC 05-12-2026 3 of 106 Planning Commission Agenda May 12, 2026 2.Subject: Consider a residential project with 27 three story townhomes, including 5 affordable units, with associated site improvements and condominium map, to replace a commercial office building on a 1.55-acre site. The project utilizes Senate Bill 330 and provisions of State Density Bonus law. (Application No(s): ASA-2025-016, TM-2025-008, & TR-2025-033; Applicant: SummerHill Homes, LLC; Location: 10268 Bandley Drive; APNs: 326-33-097.) Recommended Action: Staff recommends that the Planning Commission adopt draft resolutions recommending that the City Council: 1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA); and 2. Approve the following permits: a. Architectural & Site Approval Permit (ASA-2025-016); b. Tentative Final Map (TM-2025-008); and c. Tree Removal Permit (TR-2025-033) Staff Report 1 - Draft Resolution ASA-2025-016 2 - Draft Resolution TM-2025-008 3 - Draft Resolution TR-2025-033 4 - Relevant State Housing Law 5 - CEQA Exemption Memorandum 6 - Public Comment 7– Project Site Plans and Rendering OLD BUSINESS - None NEW BUSINESS - None STAFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT 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 members after publication of the agenda will be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at 10300 Torre Avenue, Cupertino, California 95014, during normal business hours. Page 4 4 PC 05-12-2026 4 of 106 Planning Commission Agenda May 12, 2026 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. Page 5 5 PC 05-12-2026 5 of 106 CITY OF CUPERTINO Agenda Item Subject: Approval of the April 28, 2026 Planning Commission Minutes. Approve the April 28, 2026 Planning Commission Minutes. CITY OF CUPERTINO Printed on 5/8/2026Page 1 of 1 6 PC 05-12-2026 6 of 106 DRAFT MINUTES CUPERTINO PLANNING COMMISSION Tuesday, April 28, 2026 At 6:45 p.m. Chair Tracy Kosolcharoen 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 and Teleconference Location Pursuant to Gov. Code 54953(b)(2): Courtyard by Marriott City Place, Lobby, 22742 Holzwarth Rd, Spring, TX 77389. ROLL CALL Present: Chair Tracy Kosolcharoen, Vice Chair Steven Scharf and Commissioners David Fung, and Santosh Rao (participated remotely) (arrived at 6:57 p.m.). Absent: Seema Lindskog. APPROVAL OF MINUTES 1. Subject: Approval of the April 14, 2026 Planning Commission Minutes. Recommended Action: Approve the April 14, 2026 Planning Commission Minutes. MOTION: Fung moved and Scharf seconded to approve the April 14, 2026, Planning Commission Minutes. The motion carried with the following vote: Ayes: Kosolcharoen, Scharf, Fung. Noes: None. Abstain: None. Absent: Lindskog, Rao. POSTPONEMENTS – None ORAL COMMUNICATIONS – None OLD BUSINESS – None NEW BUSINESS – 2. Subject: Review of the Fiscal Year 2026-2027 Capital Improvement Program proposal for consistency with the City of Cupertino's General Plan. Recommended Action: Adopt a Resolution (Attachment 1) finding that the Fiscal Year 2026 - 2027 Capital Improvement Program proposal is consistent with the City's General Plan. 7 PC 05-12-2026 7 of 106 Planning Commission Minutes April 28, 2026 Written communications for the item included a staff presentation. Capital Improvement Programs Manager Susan Michael gave a presentation. Commissioners asked questions which Capital Improvement Programs Manager Susan Michael and Director of Public Works Chad Mosely responded to. Commissioner Rao joined the meeting at 6:57 p.m. Chair Kosolcharoen opened the public comment period and the following people spoke: • Jennifer Griffin Chair Kosolcharoen closed the public comment period. Commissioners continued their discussion. MOTION: Scharf moved and Fung seconded to find that the proposed Capital Improvement Program for 2026-2027 is consistent with the City of Cupertino General Plan. FRIENDLY AMENDMENT: Commissioner Rao made a friendly amendment to exclude pickleball sound attenuation from the proposed motion. (Commissioner Scharf did not accept this friendly amendment and this motion was not voted on). The motion carried with the following vote: Ayes: Kosolcharoen, Scharf, Fung. Noes: Rao. Abstain: None. Absent: Lindskog. STAFF AND COMMISSION REPORTS 3. Subject: Commissioner Kosolcharoen’s Report dated March 24, 2026 Written communications for the item included a Commissioner’s report. Chair Kosolcharoen noted that her written report was recapping her attendance at the Commissioner Academy. Planning Manager Piu Ghosh announced that the major projects website that the Planning Department maintains contains a list of the major residential projects or non-residential projects that the City is reviewing. Currently, the department is reviewing approximately nine residential projects. Anyone who would like to review the status can do so at cupertino.gov/majorprojects. 8 PC 05-12-2026 8 of 106 Planning Commission Minutes April 28, 2026 FUTURE AGENDA SETTING – None ADJOURNMENT At 7:57 p.m. Chair Kosolcharoen adjourned the regular Planning Commission Meeting. Minutes prepared by: Lindsay Nelson, Administrative Assistant 9 PC 05-12-2026 9 of 106 CITY OF CUPERTINO Agenda Item Subject: Consider a residential project with 27 three story townhomes, including 5 affordable units, with associated site improvements and condominium map, to replace a commercial office building on a 1.55-acre site. The project utilizes Senate Bill 330 and provisions of State Density Bonus law. (Application No(s): ASA-2025-016, TM-2025-008, & TR-2025-033; Applicant: SummerHill Homes, LLC; Location: 10268 Bandley Drive; APNs: 326-33-097.) Staff recommends that the Planning Commission adopt draft resolutions recommending that the City Council: 1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA); and 2. Approve the following permits: a. Architectural & Site Approval Permit (ASA-2025-016); b. Tentative Final Map (TM-2025-008); and c. Tree Removal Permit (TR-2025-033) CITY OF CUPERTINO Printed on 5/8/2026Page 1 of 1 10 PC 05-12-2026 10 of 106 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 CUPERTINO.GOV PLANNING COMMISSION STAFF REPORT Meeting: May 12, 2026 Subject Consider a residential project with 27 three story townhomes, including 5 affordable units, with associated site improvements and condominium map, to replace a commercial office building on a 1.55-acre site. The project utilizes Senate Bill 330 and provisions of State Density Bonus law. (Application No(s): ASA-2025-016, TM-2025- 008, & TR-2025-033; Applicant: SummerHill Homes, LLC; Location: 10268 Bandley Drive; APNs: 326-33-097.) Recommended Actions Staff recommends that the Planning Commission adopt draft resolutions recommending that the City Council: 1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA); and 2. Approve the following permits: a. Architectural & Site Approval Permit (ASA-2025-016) (Attachment 1); b. Tentative Final Map (TM-2025-008) (Attachment 2); and c. Tree Removal Permit (TR-2025-033) (Attachment 3). Discussion Project Data General Plan Land Use Designation Office / Industrial / Commercial / Residential with a maximum residential density of 25 du/acre* Special Planning Area N. De Anza Boulevard Conceptual Plan Zoning Designation P(CG, ML, Res)* Lot Area 1.55 acres Allowed Required Proposed Maximum Density Up to 25 units per acre* 17.41 units per acre 11 PC 05-12-2026 11 of 106 1 The applicable General Plan can be found online at https://records.cupertino.org/WebLink/DocView.aspx?id=1019620&dbid=0&repo=CityofCupertino&_gl=1*gufghv*_ga*OTc5OTgwMjc4LjE3NDQ3Mzc0ND M.*_ga_NCY1KGMD5Y*czE3NDkwMDIwNzAkbzY2JGcxJHQxNzQ5MDAyMDgwJGo1MCRsMCRoMA. 2 The applicable version of the N. De Anza Conceptual Plan can be found online at. https://www.cupertino.gov/Your- City/Departments/Community-Development/Planning/General-Plan/Land-Use-Plans#docaccess- 2e6e8012b418820421094c4fbb1bec76a3a7e32aac0c0192cf32549d881c84c8 Allowed Required Proposed Height of Structures Max. 45 feet measured from sidewalk to top of cornice, parapet, or eave line of a peaked roof. 41’-3” Setbacks Front 20 feet from property line 8 feet from property line (Waiver) Sides First Floor – 10 feet from property line Upper Floors – 12 feet from property line 13-feet from property line Rear First Floor – 20 feet or 20% of the lot depth, whichever is greater. Main building may encroach as close as 10 feet to rear lot line if a usable rear-yard setback area of not less than twenty times the width of the lot is maintained. Upper Floors – 20 feet or 20% of the lot depth, whichever is greater. 12.5 - feet (Waiver) Usable Open Space Private 60 square feet per unit and no dimension less than 6 feet 68 square feet per unit. Project Consistency with: General Plan1 Consistent under SB330 & state density bonus law. Conceptual Plan2 Consistent under state density bonus law. Density bonus waiver requested for landscape setback. Zoning Consistent under SB330 and state density bonus law. Density bonus waivers requested for setbacks, parking standards, and landscaping. * Since the project utilizes the provisions of SB330 (as discussed later in the report) the development standards, regulations & fees applicable at the time of submitting a SB330 preliminary application apply. 12 PC 05-12-2026 12 of 106 Background On July 15, 2025, the City received an SB330 pre-application to redevelop the property located at 10268 Bandley Drive. The project site is located within the North De Anza Special Area. The applicant subsequently submitted a formal project application for the proposal on November 3, 2025, within 180 days of the submission of the SB-330 pre- application, which granted it certain vesting rights under State law. The 1.55 acre property is located mid-block on the eastern side of Bandley Drive between Mariani Avenue and Lazaneo Drive. The site is currently developed with a 20,381 square- feet single-story office building with surface parking. The office space is currently occupied by several office tenants. The project site shares property lines with office uses to the north, south, east and west. Other surrounding uses include the Chinese Church in Christ across Bandley Drive. (See Figure 1). Nearby uses include multifamily four-plexes approximately 250 feet south of the property, commercial uses (Target) approximately 1,000 feet to the south, and, while not directly accessible, single family homes approximately 450 feet to the west. The “P” zoning designation is detailed in Cupertino Municipal Code, Chapter 19.80, Planned Development Zones. The “P” zoning designation is intended to provide a means of guiding land development or redevelopment within the city that is uniquely suited for planned coordination of land uses and land development. Where residential development is proposed on properties in the Planned Development zoning district, and where the Specific Plan is silent, development must adhere to Multifamily (R-3) zoning regulations. Principally, the proposed project consists of 27 townhome-style condominiums. Since the project is 100% Figure 1 Vicinity map showing the project site and surrounding land uses and zoning. Most parcels within the pink areas are office use except for those specially identified. 13 PC 05-12-2026 13 of 106 residential, review of the project is limited by several applicable State laws, including the Housing Accountability Act, the Housing Crisis Act (SB330), and Density Bonus Law (Attachment 4). While the first two State laws apply because the project meets the definition of a “housing development project,” State density bonus law applies because the project proposes to provide qualifying amounts of affordable housing. Twenty percent, or five (5)3 of the proposed 27 residential units, will be affordable to moderate- and median-income households, consistent with the City’s Below Market Rate (BMR) requirements, making the project eligible for all applicable benefits of State density bonus law. It is important to note that, while qualifying projects are allowed to increase their density and the total number of units proposed, an applicant may also elect to only utilize the available waivers, concessions, or the reduced parking standards, without providing additional density bonus units, as is the case with the proposed project. The project includes a request for one concession and four waivers from applicable standards of the General Plan, Zoning Code and N. De Anza Conceptual Plan. These requests are discussed later in this report. Project Proposal The project applicant, SummerHill Homes, is proposing a 27-unit townhome condominium development. The project consists of three 6-plex and one 9-plex buildings (see Attachment 7: Site Plan and Renderings and Figure 2). The project is comprised of three-story buildings with units ranging in size (including garage space) from 2,120 square feet to 2,822 square feet. Based on the scope of project, the City has required the following entitlements: Architectural and Site Approval, Tree Removal Permit and a Vesting Tentative Map. 3 The Project is required to provide 5.4 units (20% of 27 units). Pursuant to the City’s BMR program, 5 units will be provided on site, and 0.4 units will be paid in in-lieu fee. Figure 2: Site plan with unit plan types and location of BMR units. 14 PC 05-12-2026 14 of 106 Architecture and Site Design SummerHill proposes to develop 27 townhome-style condominiums in four three-story buildings on the 1.55-acre site. The project continues to provide access to the site via two driveway curb cuts off Bandley Ave with a shared driveway with the property to the south, and maintains an ingress/egress driveway with the neighbor to the north. Each townhome has a private ground-floor entry, three or four bedrooms, and an attached two-car garage. The project contemplates four different floor plans, with living space ranging between approximately 1,507 and 2,292 square feet. Covered porches on the first floor, as well as small decks on the 2nd floors will provide residents with private outdoor space. The architectural style is a contemporary residential design which utilizes a high-contrast color palette paired with a mix of vertical siding and smooth-finish masonry. The elevations feature staggered building planes and recessed balconies that provide visual depth, while dark-trimmed windows add a modern aesthetic. This approach emphasizes a minimalist aesthetic through simple forms and a cohesive blend of neutral textures. The landscape design for the project is designed to promote pedestrian circulation through a network of accessible pathways, connecting all residents to the public sidewalk on Bandley Drive, mailbox kiosk, bicycle racks and central amenity area. The central amenity area is proposed with an open-air gathering area complete with enhanced paving material, lounge seating and a seat wall for an extended conversation area. Evergreen and flowering deciduous trees are proposed for screening, shade and accent. Evergreen native and nonnative shrubs, succulents, groundcovers and grasses are proposed to provide a lush landscape while adhering to water conservation measures. Plant material is intended to complement the architecture, with a wide variety of flowering contextual plant massing. All water treatment areas will be proposed with a variety of appropriate water treatment shrubs and grasses. A condition of approval requires installation of a sound attenuating fence along the southern property line to address neighbor concerns (see discussion in “Public Outreach/Comment” section of report.) Parking The City’s Municipal Code (Chapter 19.124) requires townhome projects to provide a minimum of 1 parking space per dwelling unit with no guest parking requirements. Unit Type Number of Units Municipal Code Provided Townhome 27 27 54 Guest - - 5 Total 2 2 59 15 PC 05-12-2026 15 of 106 In this project, each unit will include two enclosed garage spaces (54 total spaces), with 5 additional spaces for guests, for a total of 59 spaces onsite, when only 27are required per the municipal code. Analysis General Plan Compliance The proposed project consists of a residential development consistent with the site’s General Plan Land Use Designation of Office / Industrial / Commercial / Residential. The General Plan designation allows a maximum density of 25 dwelling units per acre, or 39 units for the 1.55-acre site. The General Plan does not require a minimum density. The 27 units proposed is below the maximum allowed by the General Plan and, the project is therefore, consistent with the density in effect when the SB330 Preliminary Application was submitted. Staff has evaluated the project’s consistency with the General Plan and concludes that based on the conformance with the General Plan Land Use designation for the site, the general alignment of design with General Plan requirements, notwithstanding the limitations of State law, and the absence of environmental impacts as analyzed in the Notice of Exemption memo (see Environmental Review section of this Staff Report), the proposed project supports several of the City’s General Plan goals, as outlined below. • Policy LU-2.2: Pedestrian-Oriented Public Spaces. Require developments to incorporate pedestrian-scaled elements along the street and within the development such as parks, plazas, active uses along the street, active uses, entries, outdoor dining & public art. • Policy LU-3.3: Building Design. Ensure that building layouts and design are compatible with the surrounding environment and enhance the streetscape and pedestrian activity. • Strategy LU-3.3.10: Entrances. In multi-family projects where residential uses may front on streets, require pedestrian-scaled elements such as entries, stoops and porches along the street. • Policy LU-27.2: Relationship to the Street. Ensure that new development in and adjacent to neighborhoods improve the walkability of neighborhoods by providing inviting entries, stoops and porches along the street frontage, compatible building design and reducing visual impacts of garages. • Policy INF 2.4.2 Development. Require undergrounding of all utility lines in new developments and highly encourage undergrounding in remodels or redevelopment of major projects. 16 PC 05-12-2026 16 of 106 • Strategy HE-2.3.7: Density Bonus Ordinance. The City will encourage use of density bonuses and incentives, as applicable, for housing developments which include: o At least 10 percent of the housing units in a for-sale common interest development are restricted to moderate-income residents. Tree Removal and Replacement The project arborist report evaluated the 25 on-site trees and 5 off-site trees on neighboring properties adjacent to the property lines. The proposal includes the removal of all 25 protected development trees on the site due to conflict with construction. All five offsite development trees, including one native coast live oak, will be protected in place. The report and peer review concluded that the trees proposed for removal would be within the construction footprint and could not be preserved or otherwise adequately protected during construction. All 5 off-site trees are proposed to remain and will be protected in place. There are currently no street trees along the project frontage. The Public Works Department has conditioned the project to plant street trees. The City’s requirements for tree replacement, consistent with Cupertino Municipal Code Section 14.18.160 (A), are as follows: Diameter of Trunk of Removed Tree # of Trees Proposed for Removal Replacement Tree Size Required Replacement Trees 12 inches or less 14 One 24" box tree 14 (24” box trees) Greater than 12 inches and up to 18 inches 8 Two 24" box trees or One 36" box tree 16 (24” box trees) Greater than 18 inches and up to 36 inches 2 Two 24" box trees or One 36" box tree 4 (24” box trees) Over 36 inches 1 One 36" box tree 1 (36” box trees) Total: 34 (24” box trees) or 35 (24” and 36” box tree mix) The applicant proposes to replace the 25 removed trees with 35 trees of various species, on-site. Replacement trees will be a mix of 24-inch and 36-inch box in size, with a minimum of one 36” box tree, consistent with Municipal Code tree replacement requirements.4 All new development trees and landscaping planted on-site will be considered protected, and a condition of approval has been included to require that an 4 In total, the landscape plans currently indicate that a total of 55 trees will be planted onsite, with 52 24- inch box and three 36-inch box. 17 PC 05-12-2026 17 of 106 agreement be executed to ensure the ongoing preservation, maintenance, and protection of the new trees and landscaping by future property owners. Vesting Tentative Map The application for the Vesting Tentative Map (VTM) proposes to subdivide the existing lot to create a condominium subdivision. The map proposes 27 condominium (air-space) parcels for the proposed townhome units with additional roadway and open space parcels to support the development. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the City's ordinances, policies, and standards in effect at the date the City determined the application was complete. Park Land Dedication Under Cupertino Municipal Code Section 13.08.050(A), residential developments must provide park land on site and/or pay an in-lieu fee for the required park land dedication. However, state and local regulation provide that developments under 50 units are not subject to parkland dedication requirements but must pay an in-lieu fee. Since the development involves the development of 27 townhomes, it is subject to payment of an in-lieu of parkland dedication fee. Furthermore, the City’s Housing Element and BMR Mitigation Manual waives payment of parkland in-lieu fees for deed-restricted affordable units. Therefore, the project is required to pay an in-lieu of fee for only the 22 proposed market rate units, or $1,320,000.5 Density Bonus The project includes five below-market rate (BMR) units, or 19% of the total number of units proposed under state Density Bonus Law6. In compliance with the City’s BMR Housing Program, three of the five affordable units will be for sale to median-income households (80-100% of Area Median Income) and the remaining two will be for sale to moderate-income households (100-120% of Area Median Income). A condition of approval has been included to ensure recordation of a regulatory agreement with the City, prior to certificates of occupancy, requiring the designated BMR units to be for-sale to households at the specified income levels for a 99-year term. Density Bonus and Waiver Requests The project is eligible for Density Bonus waivers and concessions consistent with the City of Cupertino Municipal Code Chapter (CMC) 19.56 Density Bonus and State Density Bonus Law. The project includes requests for 4 waivers. 5 Due to the SB330 nature of the project, the Park Fees payable are those in effect as of July 2025. 6 See Footnote 3. 18 PC 05-12-2026 18 of 106 Section 19.56.070 of the City’s Density Bonus Ordinance (“Findings") requires that, before approving an application which includes a request for a density bonus, waivers, or reduction in parking standards, the decision-making body must determine that the proposal is consistent with State Density Bonus Law by making the following findings7, as applicable: 1. That the housing development is eligible for the density bonus being requested as well as any incentives or concessions, waivers or reductions in parking standards that are requested. 2. That the development standard(s) for which the waiver(s) are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted, if a waiver was not requested. The City may not deny a waiver of a development standard that would physically preclude the construction of the project as it is designed, unless it is found that the waiver or reduction would have a specific, adverse impact upon health or safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or would have an adverse impact on any real property that is listed in the California Register of Historical Resources. Waivers Requested As a density bonus project, the applicant may submit proposals for an unlimited number of waivers, or reduction of development standards, that would have the effect of physically precluding the construction of the project as proposed/designed (Government Code Section 65915(e)). As previously noted, a city may not deny a proposed project based on the theory that another project, with a similar number of units, might be designed differently and accommodated without waivers of development standards. The project requires 4 waivers8 as follows: 1. Front Setback (CMC Table 19.36.070 (C)(1)) Table 19.36.070 of the Cupertino Municipal Code requires a minimum setback of 20 feet on the front. The following table indicates the required and proposed front setback for the project. 7 Government Code Section 65915 (d)(4): The city, county, or city and county shall bear the burden of proof for the denial of a requested concession or incentive. 8 The applicant had asked for waivers for side setbacks, as well as garage size reductions. However, the side setbacks as proposed are conforming to the R3 development standards while the proposed garages exceed the single car garage requirements for townhome developments. Therefore no waivers are required to address those development standards. 19 PC 05-12-2026 19 of 106 Building Required Front Setbac Proposed Front Setbac 1 20’ from property line 8’ from Bldg. to edge of curb The applicant states that imposing the front setback requirements would result in the elimination of units, reduced floor areas of units, or a substantial change to the design of the buildings, which is not consistent with the project as proposed. 2. Rear Setback (CMC Table 19.36.070 (C)(3)) Table 19.36.070 of the Cupertino Municipal Code requires that developments have a minimum rear setback of 20 feet or 20% of the lot depth, whichever is greater. The following table indicates the required and proposed setback for the building for which waivers are requested: Building Required Rear Setback Proposed Rear Setback 4 34’9 from property line 12’6” from property line The applicant states that imposing the rear setback requirement would result in the elimination of units, reduced floor areas of units, or a substantial change to the design of the buildings, which is not consistent with the project as proposed by the applicant. 3. Landscape Planter (CMC Table 19.124.040 (N)(3) and (7) The Municipal Code requires a three-foot-wide Landscape Planter Strip along the length of the parking area. The guest parking spaces will be surrounded by an access pedestrian path for motorists of the parked vehicles. The applicant states that it is not possible to comply with this requirement without eliminating units, reducing floor area or changing the height and design of the buildings. 4. Landscape Setback and Area (N. De Anza Conceptual Plan) The N. De Anza Conceptual Plan10 requires a landscape area of 25 times the lineal street frontage measured from the curb, with an average setback of 25 feet. As designed, the proposal provides a front setback of 8 feet and the project does not meet this requirement. The applicant states that it is not possible to comply with this requirement without eliminating units, reducing floor area or substantially changing the design of the project. 9 This is based on 20% lot depth at 170-feet. 10 N. De Anza Conceptual Plan is available online here: https://www.cupertino.gov/Your- City/Departments/Community-Development/Planning/General-Plan/Land-Use-Plans#docaccess- 2e6e8012b418820421094c4fbb1bec76a3a7e32aac0c0192cf32549d881c84c8. Section 2.6 which amended Section 2.7.2 of Appendix B of Ordinance 723 and Ordinance 767 20 PC 05-12-2026 20 of 106 Concession Requested As a density bonus project with at least 10% of units11 reserved for sale to moderate- income households12, the applicant may request one density bonus concession. Concessions allow an applicant to deviate from development regulations when such regulations have the potential to make the project economically infeasible to build. The applicant has requested one concession as follows: 1. General Plan Policy LU-21.2: Land Use: This General Plan policy requires the North De Anza Special Area to be primarily office, and research and development uses supplemented with limited commercial and residential uses. As a 100% residential development, the proposed project does not comply with Policy LU- 21.2: Land Use. The applicant states that incorporating office, research and development space, or other commercial space on the project site as part of the project would not be the most economically viable use of the property and that eliminating this requirement for non-residential uses would result in identifiable and actual cost reductions to provide affordable housing. Compliance with BMR Unit Comparability & Dispersion Requirements The BMR Manual requires that BMR Units:  Shall be comparable to market-rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction.  Size should be generally representative of the unit sizes within the market-rate portion of residential project.  Interior features and finishes in affordable units shall be durable, of good quality and consistent with contemporary standards for new housing. The following table demonstrates the proposed units within the development buildings by income level, type, and size: 11 The project is providing 19% affordable while paying an in-lieu payment for the .4 units for purposes of our BMR manual. Under Density Bonus Law, providing only 10% moderate income units allows a developer 1 concession. 12 The project proposes a mix of moderate- and median-income units, as required by the City’s BMR standards. State law does not specify allowances for median-income units, however, median-income units have a higher income restriction than moderate-income units and are therefore counted towards the moderate-income unit total for the purposes of concession allowances. 21 PC 05-12-2026 21 of 106 Number of Units Number of Bedrooms Average Unit Size BMR Units Townhouse Units 2 3 1,507 square feet 3 4 1,676 square feet Market-Rate Townhouse Units 7 3 1,507 square feet 3 4 1,676 square feet 9 4 2,152 square feet 8 4 2,292 square feet As required by the City’s Below Market Rate (BMR) Housing Program, 5 of the proposed units will be affordable housing units for sale to median- and moderate-income households13. Consistent with BMR Manual Section 2.3.4, the affordable units would be dispersed through all four townhouse buildings (see Figure 2) and comparable throughout the Project including three-bedroom and four-bedroom units. Additionally, there is no indication on the plans that the exterior finishes of the BMR units will be any different from the market rate units. As such, it is expected that they will be of the same quality; however, as allowed in the BMR manual, the affordable units may have different interior finishes. Other Department/Agency Review The City’s Building Division, Public Works Department, Environmental Services Division, Sheriff’s Department, Cupertino Sanitary District, and the Santa Clara County Fire Department have reviewed and conditioned the project. Environmental Review California Environmental Quality Act (CEQA) The applicant requested that the development be reviewed in accordance with Assembly Bill (AB) 130, signed into law on June 30, 2025, and codified in Public Resources Code (PRC) Section 21080.66. This law exempts qualifying infill housing development from CEQA review, creating a new statutory exemption. This exemption applies to any required permits, entitlements, or other discretionary approvals for a broad range of housing types. The attached CEQA Exemption Memorandum (Attachment 5) demonstrates that the proposed project meets the requirements of PRC Section 21080.66 and is organized as follows: 13 Due to limitations of Government Code § 65103.5, the distribution of copyrighted material associated with the review of development projects is limited. Plans have been emailed under separate cover to allow the Commissioners to review the proposed plans. Commissioners and Councilmembers cannot share plans with outside parties, including community members. The public is able to make an appointment with the Planning Division to view these plans at City Hall. 22 PC 05-12-2026 22 of 106 • Infill Criteria. Describes the project’s consistency with the allowed housing development type defined in PRC Section 21080.66(a), subdivisions (1) through (5) and (8). • Environmental Criteria. Describes the project’s consistency with the individual environmental requirements pursuant to PRC Section 21080.66(a), subdivisions (6) and (7). • Tribal Cultural Resources. Outlines the project’s consistency with the tribal notification and outreach requirements pursuant to PRC Section 21080.66(b). • Hazardous Materials. Outlines the project’s consistency with the requirements for the identification and treatment of hazardous materials pursuant to PRC Section 21080.66(c). • Other Requirements. Outlines the project’s consistency with the Labor Code requirements and eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to PRC Sections 21080.66(d) and (e), respectively. As analyzed in Section 3.2 of the attached CEQA Exemption Memorandum, the proposed project meets the criteria for statutory exemption under Public Resources Code Section 21080.66. Accordingly, this document finds that filing of a Notice of Exemption is appropriate for the proposed project pursuant to CEQA Guidelines Section 15062. Public Outreach and Noticing The following table is a summary of the noticing done for this project: Notice of Public Hearing, Site Notice & Legal A Agenda  Site Signage (14 days prior to the hearing)  Legal ad placed in newspaper (at least 10 days prior to the hearing)  Public hearing notices were mailed to property owners within a specified area around the project site which exceeds the minimum 300-foot radius (10 days prior to the hearing)  Posted on the City’s official notice bulletin board (five days prior to the hearing)  Posted on the City of Cupertino’s website (five days prior to the hearing) The applicant completed community outreach to residents and property owners on March 20, 2025. Public Comment At the time this staff report was published, two written comments have been received from the public (Attachment 6). However, through the application process, staff has been contacted by a neighboring larger tenant. While this tenant/neighbor recognizes that 23 PC 05-12-2026 23 of 106 residential uses are permitted at this site, they have expressed continued concerns that existing non-residential operations (i.e. deliveries, employee traffic) could impact future residents at the site. Conditions of approval (Condition no.s 11 and 17) have been added and amended to address these concerns by adding a stipulation in the CC&Rs to include a “Notice of Neighboring Uses” and requiring the installation of a sound attenuating fence along the southern property line. Conclusion Staff recommends approval of the project, as proposed, because the project and its conditions of approval support the findings for approval of the proposed project, consistent with Chapters 14.18, 18.28, 19.56, and 19.168 of the Cupertino Municipal Code. With respect to the requested Density Bonus concessions and waivers, evidence in the record demonstrates that the project meets the standards for granting the concessions and waivers under the State Density Bonus Law. Next Steps The Planning Commission’s recommendation will be forwarded to the City Council for its decision on the project. The City Council’s decision will be final unless reconsidered by the Council within 10 days of their decision. If the project is approved, the applicant may apply for building permits at that time. Prepared by: Gian Paolo Martire, Senior Planner Reviewed by: Piu Ghosh, Planning Manager Approved by: Luke Connolly, Assistant Director of Community Development ATTACHMENTS: 1 – Draft Resolution for ASA-2025-016 2 – Draft Resolution for TM-2025-008 3 -- Draft Resolution for TR-2025-033 4 – Summary of Relevant State Law 5 – CEQA Exemption Memorandum 6 - Public Comment 7 – Project Site Plan and Renderings 24 PC 05-12-2026 24 of 106 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR A NEW RESIDENTIAL PROJECT WITH 27 THREE STORY TOWNHOMES, INCLUDING 5 AFFORDABLE UNITS, WITH ASSOCIATED SITE IMPROVEMENTS AND CONDOMINIUM MAP, TO REPLACE A COMMERCIAL OFFICE BUILDING ON A 1.55-ACRE SITE LOCATED AT 10268 BANDLEY DRIVE; APN: 326-33-097 The Planning Commission recommends that the City Council approve the Architectural and Site Approval permit, in substantially similar form to the Draft Resolution attached hereto as Exhibit ASA. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 12th day of May 2026, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: ___ _____ Piu Ghosh Tracy Kosolcharoen Planning Manager Chair, Planning Commission 25 PC 05-12-2026 25 of 106 RESOLUTION NO. 2026-XX OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR A NEW RESIDENTIAL PROJECT WITH 27 THREE STORY TOWNHOMES, INCLUDING 5 AFFORDABLE UNITS, WITH ASSOCIATED SITE IMPROVEMENTS AND CONDOMINIUM MAP, TO REPLACE A COMMERCIAL OFFICE BUILDING ON A 1.55-ACRE SITE LOCATED AT 10268 BANDLEY DRIVE; APN: 326-33-097 SECTION I: PROJECT DESCRIPTION Application No.: ASA-2025-016 Applicant: SummerHill Homes, LLC Property Owner: Bandley Center Inc. Location: 10268 Bandley Drive; APNs: 326-33-097 SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL: WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval Permit as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a); and WHEREAS, on May 12, 2026, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on May 12, 2026 the Planning Commission recommended on a X-X vote that the City Council approve the Architectural and Site Approval Permit (ASA-2025- 016) in substantially similar form to the Resolution presented (Resolution No. 2026- XX), approve the Vesting Tentative Map (TM-2025-008) in substantially similar form to the Resolution presented (Resolution No. 2026-XX), and approve the Tree Removal Permit (TR-2025-033), in substantially similar form to the Resolution presented (Resolution No. 2026-XX); and 26 PC 05-12-2026 26 of 106 WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for an Architectural and Site Approval Permit; and WHEREAS, the City Council finds as follows with regard to this application: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project is consistent with the land use designations in the General Plan, and Zoning Ordinance. The townhomes are site planned to maintain existing easements for egress and ingress, and meet setback requirements from the neighboring office uses. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code. Chapter 17.04. The project has access to all utilities including sewer, water etc. The project must meet all Fire and Building Code requirements, which will be further reviewed prior to issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to public health, safety, general welfare, or convenience. 2. The 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. All buildings proposed are within the maximum height allowed by the General Plan. The rear and front setbacks are smaller than those required by the zoning district since the density bonus provisions of state law allow a project which provides a certain percentage of affordable units, to waive any number of development standards which would preclude development of the project as designed. The City does not have the ability to require changes to the project as designed to comply with either the minimum setback requirements. However, the proposed townhomes are proposing to plant trees along Bandley Drive for visual screening. 27 PC 05-12-2026 27 of 106 b) In order to preserve design harmony between new and existing building and in order to preserve and enhance property values, the materials, textures and colors of new building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for 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 architectural style is a contemporary residential design which utilizes a high- contrast color palette paired with a mix of vertical siding and smooth-finish masonry. The elevations feature staggered building planes and recessed balconies that provide visual depth, while dark-trimmed windows add a modern aesthetic. This approach emphasizes a minimalist aesthetic through simple forms and a cohesive blend of neutral textures. The development will plant replacement trees, which when mature, will help to screen the building mass along Bandley Drive, and from the neighboring properties. 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 project is not within an existing residential neighborhood. 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 28 PC 05-12-2026 28 of 106 Resolution, beginning on PAGE 5 herein, and subject to the conditions contained in all other Resolutions approved for this Project. The application for an Architectural and Site Approval, Application No. ASA-2025-016, is hereby approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application no. ASA-2025-016 as set forth in the Minutes of the City Council Meeting of June 2, 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 “10268 Bandley Drive Cupertino” consisting of 75 sheets labeled as, A0.00– A8.1, C1.0 – C7.0, L1.1 – L9.1, INT1 to INT2, PRSL1 to PRSL2, PM, and TM-1, drawn by WHA Architects, Giacalone Design Services, CBG Civil Engineers Surveyors, and R3 Studios, except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. TM-2025-008, and TR-2025-033 shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. DEVELOPMENT APPROVAL The project is granted approval to construct: a. 27 townhomes including 5 dedicated as units affordable to moderate- and median-income households; b. 5 guest parking spaces; c. Common private outdoor recreation space; 29 PC 05-12-2026 29 of 106 d. Landscaping in designated locations with the use of the approved plant palate, including native and drought-tolerant plants; 6. DENSITY BONUS WAIVERS AND CONCESSIONS As allowed through the state’s Density Bonus law, the project is eligible for one concession and unlimited waivers, as approved via this permit. The project is granted one concession and 4 waivers as requested and indicated on the approved project plans as follows: a. Waiver to deviate from the front setback identified in the Cupertino Municipal Code; and b. Waiver to deviate from the rear setback identified in the Cupertino Municipal Code; and c. Waiver to deviate from the landscape planter requirement identified in the Cupertino Municipal Code. d. Waiver to deviate from the landscape setback requirement identified in the N. De Anza Conceptual Plan. e. Concession to deviate from the General Plan policy for the North De Anza Special Area to maintain a primarily office, and research and development uses. 7. AFFORDABLE UNITS The project shall include 3 units affordable to median-income (80-100% of Area Median Income) households and 2 units affordable to moderate-income (100-120% of Area Median Income) households as determined by the City’s BMR Mitigation Manual. An in-lieu fee shall be paid for 0.4 units prior to issuance of Building Permits. 8. 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. Price for BMR units as provided for in the BMR mitigation manual; e. Provisions for income certification and screening of potential occupants of BMR units; 30 PC 05-12-2026 30 of 106 f. Restriction control mechanism; g. Financing of ongoing administrative and monitoring costs; h. Other reasonably required provisions to implement the Affordable Housing Plan. 9. 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. 10. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS The final building exterior plan shall closely resemble the details shown on the original approved plans. The final building design and exterior treatment plans (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits and through a materials board 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. 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. 11. DESIGN MODIFICATION Developer shall install a 8 foot tall sound attenuating fence, or other similar noise mitigating features along the southern property line. The fence may be modified to a wooden good neighbor fence in the future, in the event residential uses are approved on the adjoining property. 12. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the project in accordance with the approved plans and with the City’s Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code. 13. 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 31 PC 05-12-2026 31 of 106 proposed plans comply with Building and Fire Codes in effect at the time of application for a building permit. 14. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN A demolition and construction management plan shall be submitted and reviewed prior to building permit issuance. Prior to commencement of construction activities, the applicant shall arrange for a pre-construction meeting with the pertinent departments (Building, Planning, and Public Works) to review the prepared construction management plan, to ensure that construction complies with the conditions of approval, staging of construction equipment is appropriate, tree protection measures are in place, public access routes are identified, and noise and dust control measures are established. The plan shall include but not be limited to the following: a. Appropriate construction staging area b. Hours of construction c. Compliance with the City noise ordinance d. Best management practices e. Staging of construction equipment shall not occur within 50 feet of any residential property. f. Any other measures as determined to be appropriate by the Director of Community Development 15. 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 demolition permit final. 16. 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. 32 PC 05-12-2026 32 of 106 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. 17. FORMATION OF A HOME OWNER’S ASSOCIATION A Home 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 Director of Community Development and the City Attorney 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 and conditions of approval, including hardscaping, landscaping (including development trees) private streets, 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 and other improvements in the common areas.  Any changes to the CC&R’s must be reviewed and approved by the City  Disbanding of the Association shall require an amendment to the permit.  Inclusion of a Notice of Neighboring Uses disclosure acknowledging the adjacent non-residential uses surrounding the development. 18. PUBLIC ACCESS REQUIREMENTS In accordance with Mobility Element Policies M-2.5 and M-3.2 of the 2015-2040 Cupertino General Plan in effect in January 2024, the applicant shall maintain 33 PC 05-12-2026 33 of 106 public access to the privately maintained streets and walkways where public access easements are shown on the Vesting Tentative Map. 19. INGRESS EGRESS EASEMENT The property shall maintain a reciprocal ingress easement access easement for the property owner to the north and shall maintain shared driveway access as approved on the plans for the property owner to the south. 20. 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 valuation up to $100 million, and 0.9% in excess of $100 million. The project pro forma shall be provided to the City to confirm the project budget. The public art plans (including location and design) shall be reviewed by the Fine Arts Commission during the building permit stage, in advance of final occupancy. Once approved by the Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy. In the event the developer or property owner determines that the placement of artwork on a particular property may not be feasible, the developer or property owner may apply to the City for an in-lieu payment alternative as indicated in Chapter 19.148 of the Cupertino Municipal Code, subject to review of the Fine Arts Commission and the City Council. The in-lieu payment shall be 1.25% of the construction valuation. 21. 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. 34 PC 05-12-2026 34 of 106 22. COMMON OPEN SPACE The residential common open space shall provide amenities for passive and/or active recreation as shown in approved plans and shall not be retained as or converted to only a passive hardscaped or landscaped area. 23. SETBACK AND LANDSCAPE AREAS Approved setback and landscaped areas shall remain free and clear of any accessory structures that have not been approved as part of this project. 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. 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 35 PC 05-12-2026 35 of 106 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. 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. 27. 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. 28. SITE IMPROVEMENTS All proposed site improvements shall be completed prior to final occupancy of any structures approved in conjunction with the project. 29. 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. 36 PC 05-12-2026 36 of 106 30. TRANSFORMERS ON PRIVATE PROPERTY Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults, inside buildings, or as required by PG&E. 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 shall not encroach into the public right of way and 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, unless it is the only acceptable location allowed by PG&E. 31. UTILITY STRUCTURE PLAN Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all new utility structures [including, but not limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works, Fire Department, and applicable utility agencies. 32. 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 but may not exceed the overall height approved of that structure. 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. 33. 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. 34. AVOID NESTING BIRDS DURING CONSTRUCTION Prior to issuance of any demolition, grading and building permit, indicate the following on all construction plans: 37 PC 05-12-2026 37 of 106 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: 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 38 PC 05-12-2026 38 of 106 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. 35. 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. 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: 39 PC 05-12-2026 39 of 106 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. 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 four feet by six 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. 38. 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: 40 PC 05-12-2026 40 of 106 a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on-site Construction Manager. Noise reduction measures selected and implemented shall be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor(s), site terrain, and other features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits. b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase. c. Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes. d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law. 39. 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. 40. 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 41 PC 05-12-2026 41 of 106 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. 41. 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 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, 42 PC 05-12-2026 42 of 106 proposed project design, costs, and other considerations. The archeologist shall perform this evaluation in consultation with the tribe. 42. 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. 43. 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, be GPR certified at a minimum of 50 points, or an alternative reference standard in accordance with the ordinance since the building size is over 50,000 square feet. Third party LEED or GPR certification or alternative reference standard is required per the ordinance criteria and costs associated with third-party review shall be paid by the applicant. 43 PC 05-12-2026 43 of 106 44. 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. 45. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such 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. 44 PC 05-12-2026 44 of 106 The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 46. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. Except for otherwise noted, the following conditions must be completed and/or submitted prior to Final Map recordation. 47. LOT MERGER Prior to final acceptance of the project, Developer shall merge the parcels created for the private street network into one lot as may be required by the Director of Public Works or shall include language in the Covenants, Conditions, and Restrictions (CC&R) to provide for City Manager review and approval of any amendments to the CC&R. 48. STREET IMPROVEMENTS 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 or meandering sidewalk, new ADA ramp, driveways, utility laterals, and street tree installations. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. Additional comments will be provided and shall be incorporated prior to Final Map approval. 45 PC 05-12-2026 45 of 106 49. 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. 50. 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. 51. PEDESTRIAN AND BICYCLE IMPROVEMENTS Developer shall provide pedestrian and bicycle related improvements (e.g. walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Plan, and as approved by the Director of Public Works. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. 52. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the Director of Public Works. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 53. 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. 54. 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 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 46 PC 05-12-2026 46 of 106 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. 55. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 5,000 S.F. or more of impervious surface, collectively over the entire project site. The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan and a Storm Water Facilities Operation, Maintenance and Easement Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. If the Project is subject to CC&R and Homeowners Association (HOA), CC&R must also include languages pertaining to the stormwater treatment measures. 56. 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 FY 25-26 fee schedule ($6,203 or 5% of improvement costs) 47 PC 05-12-2026 47 of 106 b. Grading Permit: Per FY 25-26 fee schedule ($5,365 or 6% of improvement costs) c. Tract Map Fee: Per FY 25-26 fee schedule ($15,013) d. Storm Drainage Fee: Per FY 25-26 fee schedule ($4,548 per AC + $345 per unit) e. Transportation Impact Fee: Per FY 25-26 fee schedule: (townhome: $4,215 per unit). f. Encroachment Permit Fee: Per FY 25-26 fee schedule ($3,895 or 5% of improvement costs) g. Park Fees: Per FY 25-26 fee schedule: $60,000 per unit ($1,320,000 based on 22 units, 5 BMR units waived) h. Storm Management Plan Fee: Per FY 25-26 fee schedule ($2,432) i. Street Tree Fee: By Developer or Per FY 25-26 fee schedule: $562 per tree Bonds: a. Faithful Performance Bond: 100% of Off-site Improvements b. Labor & Material Bond: 100% of Off-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. 57. FINAL MAP A final map will be subject to City Council approval and shall be recorded prior to issuance of building permits. Existing buildings must be demolished prior to recordation of the final map as building(s) cannot straddle between lot lines. 58. 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). 59. PARKS The residential units are subject to the payment of parkland fees in-lieu of parkland dedication per Chapter 13.08 and Chapter 18.24 of the Cupertino Municipal Code 48 PC 05-12-2026 48 of 106 The Below Market Rate (BMR) Housing Mitigation Program Procedural 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 5 BMR units proposed for this project are hereby waived. 60. 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. 61. TRASH, RECYCLING AND COMPOST ENCLOSURES Trash enclosure plans must be designed in accordance with the City’s “Public Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is required prior to obtaining a building permit. (CMC 9.18.210 H & K) Applicant shall enter into an agreement with the City that indemnifies and holds harmless both the City and the refuse and recycling collection company (Recology) from and against any harm, damage or maintenance that may occur or become necessary to onsite paving stone driveway surfaces. 62. 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, stormwater treatment facilities, landscaping, street trees, sidewalk, pavers, and street lights. 63. 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. 64. 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. 49 PC 05-12-2026 49 of 106 65. 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 to the satisfaction of the Director of Public Works or his/her designee. 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. 66. TRANSFORMERS & CABINETS Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults, or as required by PG&E. 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 not encroach into the public right-of-way and 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. 67. 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. 68. 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 as shown on plans. 69. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 70. 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 50 PC 05-12-2026 50 of 106 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). 71. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 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. 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. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers prior to Final Map approval. 76. 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. 77. 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. 78. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to Final Map approval. 51 PC 05-12-2026 51 of 106 SECTION V: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL PROGRAMS DIVISION Except for otherwise noted, the following conditions must be completed and/or submitted prior to Final Map recordation. 79. STORM DRAIN SYSTEM POLLUTANT CONTROLS Please identify all exterior storm drain inlets, including bioretention area overflow catch basins and linear trench drains, in the Final Stormwater Management Plan (SWMP). Full trash capture systems are required to prevent litter from entering the City’s storm drain system and/or any adjacent creeks or diversion channels. Systems and devices must be approved by the California State Regional Water Quality Control Board (RWQCB) and selected from the San Francisco Bay RWQCB Certified Full Capture System List. The systems must be installed and maintained (cleaned) in accordance with the SWMP, manufacturer specifications, and provisions of the San Franscisco Bay RWQCB NPDES permit. The property owner must provide official written record of cleaning and maintenance to the City upon request. 80. DRAIN INLET MARKERS All exterior storm drain inlets on the parcel must be clearly marked with “No Dumping Flows to Creek” or “No Dumping Flows to Bay”. An example of drain inlet markers may be viewed at the following: www.cupertino.org/greendev 81. FIRE SUPPRESSION SYSTEM OR WATER LINE FLUSHING If fire suppression system or water line flushing will be conducted as part of the scope of permitted work, complete and submit the Planned Water Discharge Form (www.cupertino.org/greendev) to the Environmental Programs Division several business days in advance of the scheduled discharge. 82. PCB (POLYCHLORINATED BIPHENYLS) MANAGEMENT AND MITIGATION At the time of building permit application, PCB and remediation is required prior to obtaining a demolition permit. Structures built or remodeled between January 1, 1940 and December 31, 1980 must be tested for PCB presence. All demolition permit applicants, including residential, must complete the PCB Screening Assessment Form to determine if the structure being demolished is deemed an applicable structure. Additional information concerning PCB screening requirements may be viewed at www.cupertino.org/greendev. Additional information concerning assessment and testing requirements, qualified consultants to perform sampling, testing, and reporting may be viewed at https://scvurppp.org/pcbs-demo-permit/. No demolition permit will be issued 52 PC 05-12-2026 52 of 106 until all required PCB documents have been accurately completed, submitted to, and approved by the Environmental Programs division of the Public Works Department. 83. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING AND RECOVERY At the time of building permit application, a completed construction and demolition (C&D) Debris Recovery Plan (DRP) must be submitted. All debris disposal and recycling from the construction project must be tracked throughout the duration of the project. Project applicants and contractors must use Green Halo (Cupertino.wastetracking.com) to create their Plan and to submit all construction waste generation tonnage information. A hold on issuance of the building permit will be placed until the Plan is submitted and approved. A hold will be placed on the final inspection until all waste tonnage information for the project has been entered into Green Halo and approved by the Environmental Programs Division. SECTION VI: CONDITIONS ADMINISTERED BY THE SCC FIRE DEPT. Except for otherwise noted, the following conditions must be completed and/or submitted prior to Final Map recordation. 84. FIRE FLOW REQUIREMENTS Fire flow requirement is 2,125 gpm and shall be met from 2 hydrants. Fire flow calcs shown on Preliminary Fire Flow Calculation sheet. Hydrant authorization for new hydrants shall be approved by CalWater and reviewed by SCCFD prior to combustible construction and building permit approval. 85. FIRE SPRINKLERS Fire sprinklers noted on sheet C6 as a deferred submittal. 86. FIRE LANE IDENTIFICATION REQUIRED The minimum clear width of fire department access roads shall be 20 feet. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. Shown on sheet C6. 87. FIRE APPARATUS ACCESS ROADWAY REQUIRED Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. (CFC Sec. 503). Shown on sheet C6. 88. GROUND LADDER ACCESS REQUIREMENTS Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2. Shown on sheet C6. 53 PC 05-12-2026 53 of 106 89. ADDRESS IDENTIFICATION New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers shall be a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 90. CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 91. WATER SUPPLY REQUIREMENTS Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 1311 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: 54 PC 05-12-2026 54 of 106 ________ Kitty Moore, Mayor City of Cupertino Date ________________________ ________________________ Date 55 PC 05-12-2026 55 of 106 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A VESTING TENTATIVE MAP FOR A CONDOMINIUM MAP FOR A RESIDENTIAL PROJECT WITH 27 THREE STORY TOWNHOMES, INCLUDING 5 AFFORDABLE UNITS TO REPLACE A COMMERCIAL OFFICE BUILDING ON A 1.55-ACRE SITE LOCATED AT 10268 BANDLEY DRIVE; APN: 326-33-097 The Planning Commission recommends that the City Council approve the Vesting Tentative Map, in substantially similar form to the Draft Resolution attached hereto as Exhibit TM. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 12th day of May 2026, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: ____ ____ Piu Ghosh Tracy Kosolcharoen Planning Manager Chair, Planning Commission 56 PC 05-12-2026 56 of 106 RESOLUTION NO. 2026-XX OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVAL OF A VESTING TENTATIVE MAP FOR A CONDOMINIUM MAP FOR A RESIDENTIAL PROJECT WITH 27 THREE STORY TOWNHOMES, INCLUDING 5 AFFORDABLE UNITS TO REPLACE A COMMERCIAL OFFICE BUILDING ON A 1.55-ACRE SITE LOCATED AT 10268 BANDLEY DRIVE; APN: 326-33-097 SECTION I: PROJECT DESCRIPTION Application No.: TM-2025-008 Applicant: SummerHill Homes, LLC Property Owner: Bandley Center Inc. Location: 10268 Bandley Drive; APNs: 326-33-097 SECTION II: FINDINGS FOR A TENTATIVE MAP: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Map as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a); and WHEREAS, on May 12, 2026, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on May 12, 2026 the Planning Commission recommended on a X-X vote that the City Council approve the Architectural and Site Approval Permit (ASA-2025-016) in substantially similar form to the Resolution presented (Resolution No. 2026-XX), approve the Vesting Tentative Map (TM-2025-008) in substantially similar form to the Resolution presented (Resolution No. 2026-XX), and approve the Tree Removal Permit (TR-2025- 033), in substantially similar form to the Resolution presented (Resolution No. 2026-XX); and 57 PC 05-12-2026 57 of 106 WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Tentative Map; and WHEREAS, the City Council finds as follows with regard to this application: a. That the proposed subdivision map is consistent with the City of Cupertino General Plan. The proposed subdivision map is consistent with the General Plan since density of the proposed project is less than the maximum allowable density of 25 dwelling units an acre. b. That the design and improvements of the proposed subdivision are consistent with the General Plan. The off-site improvements are consistent with the City’s General Plan policies related to applicable pedestrian and bicycle safety, with improvements made in accordance with the right-of-way design and the urban canopy within the public right-of-way. While the development is required to have a 20-foot setback from the front property line, state density bonus law requires the City to waive local development standards to accommodate a project as designed, and still consider the design consistent with the General Plan. c. That the site is physically suitable for the type of development contemplated under the approved subdivision. The proposed tentative map is compatible with the adjoining land uses and no physical constraints are present that would conflict with the anticipated land use and development. Moreover, there are no topographical anomalies that differentiate this property from adjacent properties and the site is located on the valley floor and is not listed within any environmentally sensitive zone. d. That the site is physically suitable for the intensity of development contemplated under the approved subdivision. The subject property is physically suitable in size and shape and in conformance to development standards and is configured to accommodate a multi-unit development like the one proposed. 58 PC 05-12-2026 58 of 106 e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design of the subdivision and proposed improvements will not injure fish and wildlife or their habitat because the property is a previously developed site, with no fish and wildlife habitat in the vicinity; the site is located in an urbanized area where residential land use is allowed. f. That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. The proposed subdivision design and improvements will not cause serious public health problems. The project has access to sewer connections, water services and electric services. The proposed development is consistent with the intent of the policies of the General Plan for a development of this density on this site, and the on-site and off-site improvements improve neighborhood walkability through improved parkway and sidewalk construction with size-appropriate driveway curb-cuts and street and private tree planting. g. That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. No easement or right-of-way exists currently that would be impeded or conflict with the proposed subdivision. New public access easements will be required to address General Plan Mobility Element Policies M-2.5 and M-3.2, and Land Use Element Strategy LU- 13.7.3, as identified on the approved map. These easements shall be maintained to allow for public access through the property. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 4 thereof, and those contained in all other Resolutions approved for this Project. The application for a Vesting Tentative Map, Application No. TM-2025-033, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application No. TM-2025-033 as set forth in the Minutes of the City Council Meeting of June 2, 2026 meeting, and are incorporated by reference as though fully set forth herein. 59 PC 05-12-2026 59 of 106 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled “10268 Bandley Drive Cupertino” consisting of 75 sheets labeled as, A0.00– A8.1, C1.0 – C7.0, L1.1 – L9.1, INT1 to INT2, PRSL1 to PRSL2, PM, and TM-1, drawn by WHA Architects, Giacalone Design Services, CBG Civil Engineers Surveyors, and R3 Studios, except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. ASA-2025-016, and TR-2025-033 shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. PUBLIC ACCESS REQUIREMENTS In accordance with Mobility Element Policies M-2.5 and M-3.2 of the 2015-2040 Cupertino General Plan in effect in January 2024, the applicant shall maintain public access to the privately maintained streets and walkways where public access easements are shown on the Vesting Tentative Map. 6. INGRESS EGRESS EASEMENT The property shall maintain a reciprocal ingress easement access easement for the property owner to the north and shall maintain shared driveway access as approved on the plans for the property owner to the south. 7. 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. 60 PC 05-12-2026 60 of 106 8. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such 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. 9. 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 61 PC 05-12-2026 61 of 106 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. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conform to generally accepted engineering practices. ___________________________ Chad Mosley, Assistant Director of Public Works City Engineer CA License 66077 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ________ Kitty Moore, Mayor ________________________ Date 62 PC 05-12-2026 62 of 106 ________________________ Lauren Sapudar, City Clerk ________________________ Date 63 PC 05-12-2026 63 of 106 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT FOR THE REMOVAL AND REPLACEMENT OF 25 DEVELOPMENT TREES LOCATED AT 10268 BANDLEY DRIVE; APN: 326-33-097 The Planning Commission recommends that the City Council approve the Tree Removal Permit, in substantially similar form to the Draft Resolution attached hereto as Exhibit TR. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 12th day of May 2026, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: ___________________________ ____________________________ Piu Ghosh Tracy Kosolcharoen Planning Manager Chair, Planning Commission 64 PC 05-12-2026 64 of 106 RESOLUTION NO. 2026-XX OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A TREE REMOVAL PERMIT FOR THE REMOVAL AND REPLACEMENT OF 25 DEVELOPMENT TREES LOCATED AT 10268 BANDLEY DRIVE; APN: 326-33-097 SECTION I: PROJECT DESCRIPTION Application No.: TR-2025-033 Applicant: SummerHill Homes, LLC Property Owner: Bandley Center Inc. Location: 10268 Bandley Drive; APNs: 326-33-097 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, 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 because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a); and WHEREAS, on May 12, 2026 , the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on May 12, 2026 the Planning Commission recommended on a X-X vote that the City Council approve the Architectural and Site Approval Permit (ASA-2025-016) in substantially similar form to the Resolution presented (Resolution No. 2026-XX), approve the Vesting Tentative Map (TM-2025-008) in substantially similar form to the Resolution presented (Resolution No. 2026-XX), and approve the Tree Removal Permit (TR-2025- 033), in substantially similar form to the Resolution presented (Resolution No. 2026-XX); and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and 65 PC 05-12-2026 65 of 106 WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Tree Removal Permit; and WHEREAS, the City Council finds as follows with regard to this application: a) That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). To accommodate for the new development’s structures, walkways and internal street network to public open spaces, the existing trees cannot be preserved in their current locations. The applicant proposes replacement trees throughout the site in conformance with the Municipal Code Ordinance requirements. The project proposes to locate the replacement trees where tree coverage is needed, while protecting all off site trees adjacent to the project site. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 3 herein, and subject to the conditions contained in all other Resolutions approved for this Project The application for a Tree Removal Permit, Application No. TR-2024-033, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. TR-2024-033 as set forth in the Minutes of the City Council Meeting of April 7, 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 “10268 Bandley Drive Cupertino” consisting of 75 sheets labeled as, A0.00– A8.1, C1.0 – C7.0, L1.1 – L9.1, INT1 to INT2, PRSL1 to PRSL2, PM, and TM-1, drawn by WHA Architects, Giacalone 66 PC 05-12-2026 66 of 106 Design Services, CBG Civil Engineers Surveyors, and R3 Studios, except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible for verifying all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. TM-2025-008, and ASA-2025-016 shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. TREE RETENTION In accordance with the approved, peer-reviewed arborist report for this project, the applicant is required to protect in place neighboring trees located off-site identified as trees #906-#910. 6. TREE REPLACEMENT SIZE The applicant shall provide adequate tree replacements for trees proposed to be removed in conformance with the replacement guidelines per Cupertino Municipal Code Section 14.18.160. The required tree replacement for the project is one (1) 36” box trees and 34 24” box trees, or a combination thereof that meets the minimum requirements. If the planting schedule is modified, the size of the proposed replacement trees shall be consistent with the following requirements of the City’s Protected Tree Ordinance unless deemed infeasible by the City’s Consulting Arborist: • Diameter of trunk size of removed tree up to 12 inches shall be replaced with one 24-inch box tree; • Over 12 inches and up to 36 inches shall be replaced by two 24-inch box tree or one 36-inch box tree; and • Over 36 inches shall be replaced with one 36-inch box tree. 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 forestry management practices, the applicant shall pay an in-lieu fee for each tree not 67 PC 05-12-2026 67 of 106 replaced on-site in accordance with the in-lieu fee requirements outlined in Municipal Code Section 14.18.160(B). 7. ARBORIST REVIEW Prior to building permit issuance, any modifications to the approved landscape plan including, but not limited to, the number, location, and species of replacement trees, shall be reviewed and approved by the City in consultation with the City’s Consulting Arborist, at the applicant’s cost. All replacement trees shall be planted prior to final building inspection. The Applicant shall provide the Department of Community Development adequate documentation, including, but not limited to, photographs, receipts or invoices, to verify that replacement trees have been planted. The City’s consulting arborist shall inspect the trees after planting and a report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy for any of the residential units. 8. TREE PROTECTION a. As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added, at a minimum, to the protection plan: • For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. • No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. • No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City’s consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. • Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth. • Tree protection conditions shall be posted on the required tree protection barriers. • Retained trees shall be watered to maintain them in good health. • A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. b. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. c. The City’s consulting arborist, retained at the applicant’s expense, shall inspect the trees to be retained and the tree protection measures, and shall provide reviews prior to issuance of demolition, grading or building permits. 68 PC 05-12-2026 68 of 106 d. A report ascertaining the good health of the trees mentioned above shall be provided by the applicant’s arborist, to be peer reviewed by the City’s Consulting Arborist, prior to issuance of final occupancy. 9. PROTECTED TREES The applicant and future property owners understand that the replacement trees and all other trees approved with this development may not be removed without the prior approval by the Community Development Department of a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the trees. The applicant shall also disclose the location and species of all replacement and development trees on site upon sale of the property. 10. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible for consulting with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 11. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such 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 69 PC 05-12-2026 69 of 106 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. 12. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: 70 PC 05-12-2026 70 of 106 Kitty Moore, Mayor City of Cupertino Date ATTEST: ________________________ ________________________ Date 71 PC 05-12-2026 71 of 106 Housing Accountability Act (HAA) The Housing Accountability Act (HAA), codified in California Government Code § 65589.5, prohibits cities from disapproving, or adding conditions of approval that would render infeasible, a housing development project unless the proposal is found to be in violation of an objective general plan or zoning standard, unless otherwise waived or reduced through use of the Density Bonus law, or the project will result in a specific adverse impact to public health and safety. While changes to the project may be applied by the decision-making, or hearing body to further applicable City goals, policies, and strategies – any changes required by the decision-making, or hearing body that are not based on objective standards may not result in making the project, as proposed, infeasible or reduce the number of housing units. Housing Crisis Act (HCA) The Housing Crisis Act (HCA), adopted in 2019 under Senate Bill 330, and amended in 2021 by Senate Bill 8, broadly aims to address actions that would decrease or delay the approval and development of new housing by requiring the timely processing of permits by local agencies. Among many components, the law includes a provision to allow applicants to vest ("lock-in") fees, ordinances, policies, and standards that are in effect at the time of submittal of a SB330 preliminary application to the City. Only the limited information specified in State law is required for the submittal of a SB330 preliminary application. Further, the law prohibits the City from conducting more than five hearings, or meetings, in connection with the approval of a housing development project. State Density Bonus Law (SDBL) California’s Density Bonus Law (SDBL), codified in California Government Code § 65915- 65918, aims to promote and facilitate the creation of affordable units in new housing projects by allowing: • A density "bonus" that allows for an increase to a property’s base density (I.e., more market rate units than allowed by the density, as determined by the specific percentage and level of affordability of the affordable units included in a project.); • Unlimited waivers to development standards that would physically preclude the construction of the project as designed (I.e., modifications or elimination of any development standard ); • Concessions that modify development standards to achieve an identifiable and actual cost reduction (i.e., Specified number of incentives as identified in state law based on the level of affordability and percentage of affordable units ); and • Reduced parking standards. Parking standards identified in state law by project type, proximity of transit facilities, affordability level of the development (or affordable units) and/or number of bedrooms ). 72 PC 05-12-2026 72 of 106 City of Cupertino 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT April 2026 | CEQA Exemption Memorandum 73 PC 05-12-2026 73 of 106 April 2026 | CEQA Exemption Memorandum 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT for City of Cupertino City of Cupertino Contact: Gian Martire, Senior Planner 10300 Torre Avenue Cupertino, California 95014 408.777.3319 Prepared by: PlaceWorks Contact: Rachel Goren, Associate 2040 Bancroft Way #400 Berkeley, California 94704 510.848.3815 www.placeworks.com 74 PC 05-12-2026 74 of 106 APRIL 2026 i TABLE OF CONTENTS 1. Introduction ...................................................................................................... 1 1.1 Statutory Exemptions .............................................................................................. 1 2. Project Description ............................................................................................ 3 2.1 Regional Location .................................................................................................... 3 2.2 Project Site .............................................................................................................. 3 2.3 Land Use and Zoning Designations ......................................................................... 3 2.4 Proposed Project ..................................................................................................... 4 3. Findings Concerning CEQA Exemption................................................................ 5 3.1 Public Resources Code Section 21080.66 ............................................................... 5 3.2 Analysis in Support of Findings ............................................................................... 5 3.3 Conclusion ............................................................................................................. 19 Tables Table 1 Infill Requirements and Project Consistency .................................................................. 6 Table 2 Environmental Criteria and Project Consistency .......................................................... 10 Table 3 Tribal Notification, Outreach, and Consultation Initiation ........................................... 15 SOURCES All documents cited in this report and used in its preparation are hereby incorporated by reference into this document. Copies of documents referenced herein are available for review at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014. 75 PC 05-12-2026 75 of 106 76 PC 05-12-2026 76 of 106 APRIL 2026 1 1. INTRODUCTION This section describes the standards for determining a significant effect on the environment from construction and operation of the proposed 10268 Bandley Drive Residential Development (proposed project) pursuant to the requirements of the California Environmental Quality Act (CEQA). The City of Cupertino (City) is the lead agency for the proposed project. 1.1 STATUTORY EXEMPTIONS Once it is determined that an activity is a project subject to CEQA, it is then determined whether the project is exempt from CEQA. Pursuant to State CEQA Guidelines Section 15061(b), a project is exempt from CEQA if: 1. The project is exempt by statute (e.g., Article 18, commencing with CEQA Guidelines Section 15260). 2. The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2. 3. The activity is covered by the common-sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 4. The project will be rejected or disapproved by a public agency (see Section 15270(b)). 5. The project is exempt pursuant to the provisions of Article 12.5 of Chapter 3. The proposed project would be exempt as a “statutory ” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a), as further discussed in Section 3, Findings Concerning CEQA Exemption. This document has been prepared to demonstrate CEQA compliance as it pertains to the proposed project. This document also provides information to decision makers regarding a finding that the proposed project is exempt under CEQA. 77 PC 05-12-2026 77 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 1. INTRODUCTION 2 PlaceWorks This page is intentionally left blank. 78 PC 05-12-2026 78 of 106 APRIL 2026 3 2. PROJECT DESCRIPTION 2.1 REGIONAL LOCATION The project site is in the city of Cupertino, approximately 38 miles southeast of the city and county of San Francisco. Cupertino is on the western edge of Santa Clara County and north of the city of Saratoga, east of unincorporated Santa Clara County, south of the city of Sunnyvale, and west of the city of San José. Regional access to the project site is provided by Interstate 280 (I-280) via North De Anza Boulevard to the north, and by Highway 85 via Stevens Creek Boulevard to the west. The City is also supported by Santa Clara Valley Transportation Authority (VTA) bus service and Caltrain via the Sunnyvale, Lawrence, and Santa Clara Caltrain stations. 2.2 PROJECT SITE The 1.55-acre project is at 10268 Bandley Drive, in an urbanized area. The project site is developed with commercial buildings and a surface parking lot with ornamental landscaping. The site is surrounded by commercial development on all sides, with residential development east of North De Anza Boulevard and west of Bandley Drive. According to Plan Bay Area, the project site is within a Santa Clara VTA City Cores, Corridors & Station Areas Priority Development Area (PDA) and a Transit Priority Area (TPA). The project site is within a quarter mile walking distance from VTA Bus Routes 23, 25, 51, and 55, which are considered major transit stops. 2.3 LAND USE AND ZONING DESIGNATIONS The project site is assigned Assessor’s Parcel Number (APN) 326-33-097. The project site is subject to the following: ▪ General Plan Land Use. Office/Industrial/Commercial/Residential. ▪ Specific Plan. North DeAnza Boulevard Special Area. ▪ Zoning District. Mixed Use Planned Development with General Commercial, Light Industrial, and Residential (P(CG, ML, Res)). ▪ Residential Density. 25 dwelling units per acre (maximum). ▪ Height. 45 feet. 79 PC 05-12-2026 79 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 2. PROJECT DESCRIPTION 4 PlaceWorks Pursuant to the State Density Bonus Law and the City’s Density Bonus ordinance (Cupertino Municipal Code [CMC] Chapter 19.56, Density Bonus), the project applicant has requested the following, to the extent needed to comply with applicable objective standards: ▪ A concession or incentive to eliminate the requirement to include a retail, commercial, or other mixed-use component in the proposed project. ▪ A waiver or reduction of development standards to reduce the front, side, and rear setbacks for portions of the proposed project. ▪ A waiver from CMC Section 19.124 vehicle parking standards pursuant to Government Code Section 65915(p). ▪ A waiver or reduction of development standards to reduce the planter strip requirement. 2.4 PROPOSED PROJECT The project applicant, SummerHill Homes, is proposing a residential development that would involve the demolition of the existing commercial building and parking lot and the construction of 27 new townhome-style condominiums in four buildings. The proposed project would total 24,099 gross square feet. The townhomes would be three stories and range in size from 1,507 to 2,264 square feet, with private outdoor space and garages. Three of the buildings would be 40 feet tall and one building would be just over 41 feet tall. The proposed project would provide 59 on-site vehicle parking spaces, with each unit having a 2-car garage and 5 additional guest spaces provided on-site. 80 PC 05-12-2026 80 of 106 APRIL 2026 5 3. FINDINGS CONCERNING CEQA EXEMPTION 3.1 PUBLIC RESOURCES CODE SECTION 21080.66 Assembly Bill (AB) 130, signed into law on June 30, 2025, and codified in Public Resources Code (PRC) Section 21080.66, exempts qualifying infill housing development from CEQA review, creating a new statutory exemption. This exemption applies to any required permits, entitlements, or other discretionary approvals for a broad range of housing types. This section demonstrates that the proposed project meets the requirements of PRC Section 21080.66 and is organized as follows: ▪ Infill Requirements. This section describes the project’s consistency with the allowed housing development type defined in PRC Section 21080.66(a), subdivisions (1) through (5) and (8). ▪ Environmental Criteria. This section describes the individual environmental requirements pursuant to PRC Section 21080.66(a), subdivisions (6) and (7). ▪ Tribal Cultural Resources. This section describes the tribal notification and outreach requirements pursuant to PRC Section 21080.66(b). ▪ Environmental Assessment (Hazardous Materials). This section describes the requirements for the identification and treatment of hazardous materials pursuant to PRC Section 21080.66(c). ▪ Other Requirements. This section describes the Labor Code requirements and eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to PRC Section s 21080.66(d) and (e), respectively. 3.2 ANALYSIS IN SUPPORT OF FINDINGS Infill Requirements Table 1, Infill Requirements and Project Consistency, demonstrates that the project meets the requirements of PRC Section 21080.66(a), which specifically defines a “housing development project” in Government Code Sections 65905.5(b) and 65589.5(h)(2). 81 PC 05-12-2026 81 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 6 PlaceWorks Table 1 Infill Requirements and Project Consistency Infill Requirements Consistency Determination PRC Section 21080.66(a). Use Type. The project meets the definition of a “housing development project” pursuant to Government Code Sections 65905.5(b) and 65589.5(h)(2). The project meets any of the following criteria for a housing development: ▪ Residential units only ▪ Mixed-use development which includes residential and non-residential uses that meet any of the following criteria: o At least two-thirds of the project's new or converted square footage is designated for residential use o At least 50 percent of the project's new or converted square footage is designated for residential use and the project meets both of the following: - The project includes at least 500 net new residential units - No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging1 o At least 50 percent of the net new or converted square footage is designated for residential use and the project meets all of the following: - The project includes at least 500 net new residential units - The project includes the demolition or conversion of at least 100,000 square feet of non-residential use - The project includes the demolition of at least 50 percent of the existing non-residential uses on the site - No portion of the project is designated for transient lodging, except a portion of the project may be designated for use as a residential hotel (as described above) ▪ Transitional housing or supportive housing; or ▪ Farmworker housing, as defined in California Health and Safety Code Section 50199.7(h) Consistent. The proposed project includes the construction of 27 residential units only. 82 PC 05-12-2026 82 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION APRIL 2026 7 Table 1 Infill Requirements and Project Consistency Infill Requirements Consistency Determination PRC Section 21080.66(a)(1): Size. A project site does not exceed 20 acres or four acres for a builder’s remedy project as defined in Government Code Section 65589.5(h)(11), or a housing development project or emergency shelter that meets the criteria in Government Code Section 65589.5(d)(5) as it read before January 1, 2025. Consistent. The project site is 1.55 acres. PRC Section 21080.66(a)(2): Location. The project site is within the boundaries of an incorporated municipality or an urban area, as defined by the United States Census Bureau. Based on the U.S. Census Bureau’s criteria for urban areas, an area must encompass at least 5,000 people or at least 2,000 housing units to be considered an urban area. In addition, an area must have 425 housing units per square mile, which defines the initial urban core. Two hundred (200) units per square mile shall fill in the remainder of the urban area. Each urban area shall contain at least one high-density nucleus, with 1,275 housing units per square mile.2 Consistent. The site is within the city of Cupertino, an incorporated city. PRC Section 21080.66(a)(3): Urban Development. The project site meets any of the following criteria: ▪ The site has been previously developed with an urban use; ▪ At least 75 percent of the perimeter of the site adjoins parcels developed with urban uses; ▪ At least 75 percent of the area within a one-quarter mile radius of the site is developed with urban uses; ▪ At least three sides of the site are developed with urban uses and at least two-thirds of the site’s perimeter adjoins parcels that are developed with urban uses (for sites with four sides) Consistent. The project site is developed with an existing commercial building and a paved surface parking lot. The site is surrounded by urban uses and paved public streets. In addition, surrounding land uses within one-quarter mile of the site are developed with urban uses. 83 PC 05-12-2026 83 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 8 PlaceWorks Table 1 Infill Requirements and Project Consistency Infill Requirements Consistency Determination PRC Section 21080.66(a)(4): General Plan or Zoning Consistency. The project is consistent with the applicable general plan or zoning ordinance, and any local coastal program as applicable. If the zoning and general plan are not consistent with one another, the project would satisfy this requirement if it were consistent with one. The approval of a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios shall not be the basis for determining that the project is inconsistent with this requirement. Consistent. The project site is within the General Plan North DeAnza Boulevard Special Area and the General Plan land use designation is Office/Industrial/Commercial/Residential. The zoning district is Mixed Use Planned Development with General Commercial, Light Industrial, and Residential (P(CG, ML, Res)). The General Plan land use designation allows residential development and an established residential density of up to 25 dwelling units per acre. The North DeAnza Boulevard Special Area, which is consistent with the General Plan assumptions for the site, includes residential as a supporting use and allows for fully residential development through the approval of a Conditional Use Permit. In addition, the project site’s zoning district allows for residential development on the property. The proposed project would provide a residential density of 17.4 dwelling units per acre, which is within the density allowed for the project site under the General Plan. The proposed maximum building height of 41 feet is consistent with the General Plan’s 45-foot height limit allowed for the site. PRC Section 21080.66(a)(5): Density. The project will be at least one-half of the following applicable density specified in Government Code Section 65583.2(c)(3)(B), to accommodate housing for lower income households3 ▪ At least 15 units per acre allowed for sites within an incorporated city within a non-metropolitan county and for a non-metropolitan county that has a micropolitan area ▪ At least 10 units per acre allowed for sites within an unincorporated area in a non-metropolitan county not included in the above requirement ▪ At least 20 units per acre allowed for sites within suburban jurisdictions ▪ At least 30 units per acre allowed for sites within a jurisdiction in a metropolitan county. Consistent. The project site is in a metropolitan county (i.e., Santa Clara County). Therefore, the minimum density requirement under PRC Section 21080.66(a)(5) is at least one half of 30 dwelling units per acre. The project would have a residential density of 17.4 dwelling units per acre. 84 PC 05-12-2026 84 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION APRIL 2026 9 Table 1 Infill Requirements and Project Consistency Infill Requirements Consistency Determination PRC Section 21080.66(a)(8): Lodging Uses. For a project that was deemed complete pursuant Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. For the purposes of this section, “other transient lodging” does not include either of the following: ▪ A residential hotel, as defined in Section 50519 of the Health and Safety Code. ▪ After the issuance of a certificate of occupancy, a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, in a manner consistent with local law. Consistent. The proposed project would not include hotel, motel, bed and breakfast inn, or other transient lodging uses. Notes: 1 For a project that was deemed complete pursuant to Government Code Section 65589.5(h)(5) on or after January 1, 2025, no port ion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. Other transient lodging does not include either of the following: a residential hotel, as defined in Section 50519 of the Health and Safety Code, or a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code. 2 United States Census Bureau, 2026, March 19 (accessed), Redefining Urban Areas following the 2020 Census, https://www.census.gov/newsroom/blogs/random- samplings/2022/12/redefining-urban-areas-following-2020-census.html. 3 California Legislative Information, 2026, March 19 (accessed), Government Code – GOV: ARTICLE 10.6. Housing Elements [65580 - 65589.11], https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65583.2.&nodeTreePath=12.1.10.10&lawCode=GOV. 85 PC 05-12-2026 85 of 106 2 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION APRIL 2026 10 Environmental Criteria Pursuant to PRC Section 21080.66(a), the project site must meet the environmental criteria identified in Government Code Section 65913.4(a)(6) in addition to PRC Section 21080.66(a)(7). These environmental criteria and the proposed project’s consistency are detailed in Table 2, Environmental Criteria and Project Consistency. As shown in Table 2, the project site would meet the environmental criteria. Table 2 Environmental Criteria and Project Consistency Environmental Criteria Consistency Determination PRC Section 21080.66(a)(6) Coastal Zone. The project site cannot be located in a coastal zone, as defined in the Public Resources Code (PRC) Division 20. Consistent. The project site is not in a coastal zone. It is approximately 20 miles east of the Pacific Ocean. The California Coastal Commission designates the boundary of coastal zones to extend 3 nautical miles offshore and does not include the project site.1 Farmland. The project site cannot be located on either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. Consistent. The project site is not on prime farmland or farmland of statewide importance. The California Department of Conservation designates the city of Cupertino as Urban and Built-Up Land.2 Additionally, as discussed in Section 2.3, Land Use and Zoning Designations, the project site is not zoned for agricultural uses. Wetlands. The project site cannot be located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2. Consistent. The United States Fish and Wildlife Service does not identify any wetlands on or near the project site.3 Fire Hazard Severity Zone. The project site cannot be within a very high fire hazard severity zone (FHSZ), as determined by the Department of Forestry and Fire Protection (CAL FIRE) pursuant to Government Code Section 51178, or within a high or very high FHSZ as indicated on maps adopted by CAL FIRE pursuant to PRC Section 4202. This requirement does not apply to sites that have adopted fire hazard mitigation measures pursuant Consistent. The project site is not within a very high FHSZ, as designated by CAL FIRE. It is approximately 2.8 miles east of a high FHSZ in a Local Responsibility Area, and 3 miles east of lands that CAL FIRE designates as a high FHSZ in a State Responsibility Area.4 86 PC 05-12-2026 86 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION APRIL 2026 11 Table 2 Environmental Criteria and Project Consistency Environmental Criteria Consistency Determination to existing building standards or state fire mitigation measures applicable to the development. Hazardous Waste Site. The project site cannot be on a hazardous waste site that is listed pursuant to Government Code Section 65962.5 (Cortese List) or a hazardous waste site designated by the Department of Toxic Substances Control (DTSC) pursuant to Health and Safety Code Section 25356 (EnviroStor online database), unless DTSC has cleared the site for residential use or residential mixed uses. Consistent. The project site is not included on the Hazardous Waste and Substances Site List (Cortese) pursuant to Government Code Section 65962.5.5 Additionally, the project site is not listed on any of the following California Environmental Protection Agency’s (CalEPA) Cortese List Data Resources:6 ▪ List of Hazardous Waste and Substances sites from DTSC EnviroStor database5 ▪ List of Leaking Underground Storage Tank (LUST) sites from the State Water Resource Control Board’s (SWRCB’s) GeoTracker7 ▪ List of solid waste disposal sites identified by SWRCB with waste constituents above hazardous waste levels outside the waste management unit8 ▪ List of “active” Cease and Desist Orders and Cleanup and Abatement Orders from SWRCB9 ▪ List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC10 Earthquake Fault Zone. The project site cannot be within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law of Health and Safety Code Division 13, and by any local building department under Title 2 of the Government Code, Division 1, Chapter 12.2. Consistent. The California Geological Survey does not map an earthquake fault zone in or near the project site. 11 87 PC 05-12-2026 87 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 12 PlaceWorks Table 2 Environmental Criteria and Project Consistency Environmental Criteria Consistency Determination Federal Emergency Management Agency (FEMA) Designations. The project site cannot be within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by FEMA in any official maps published by FEMA, unless either of the following are met: ▪ The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the local jurisdiction. ▪ The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. The project site also cannot be within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the development has received a no-rise certification in accordance with Title 44 of the Code of Federal Regulations, Section 60.3(d)(3). Consistent. FEMA’s Flood Insurance Rate Map (FIRM) designates the project site as Zone X, which is defined as areas with 0.2% annual chance of flood. The project site is also not within a regulatory floodway.12 Conservation Plan. The project site cannot be on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act of 1973, or other adopted natural resource protection plan. Consistent. A small portion of Cupertino is in the Santa Clara Valley Habitat Plan; however, the project site is approximately 1 mile north of the boundaries of the plan.13 Special Status Species Habitat. The project site cannot be in a habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act. Consistent. The Classification and Assessment with Landsat of Visible Ecological Groupings habitat mapping program classifies the project site as an “Developed, High Intensity,” which tends to have low to poor wildlife habitat value due to replacement of natural communities, fragmentation of remaining open space areas and parks, and intensive human disturbance. The California Natural Diversity Database has no record of special-status plant and animal species on the project site or urbanized areas 88 PC 05-12-2026 88 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION APRIL 2026 13 Table 2 Environmental Criteria and Project Consistency Environmental Criteria Consistency Determination within a one-mile area surrounding the site.14 There are no natural lands within a one-mile area of the project site. Accordingly, the project site has no value as habitat for endangered, rare, or threatened species. Lands under Conservation Easement. The project site cannot be on lands under conservation easement. Consistent. The project site is not within a conservation easement. PRC Section 21080.66(a)(7) Historic Structure. Pursuant to PRC Section 21080.66(a)(7), the project cannot require the demolition of historic structure that was placed on a national, state, or local historic register before the date a preliminary application was submitted for the project. Consistent. The project would include the demolition of the site’s existing commercial building. The existing building on the project site is not currently listed on the National Register of Historic Places15 or the list of California Register of Historical Resources,16 or the most recent list of Cupertino historically significant resources.17 Sources: 1. California Coastal Commission, 2019, Maps: Coastal Zone Boundary, https://www.coastal.ca.gov/maps/czb/, accessed March 19, 2026. 2. California Department of Conservation, 2022, California Important Farmland Finder, https://maps.conservation.ca.gov/DLRP/CIFF/, accessed March 19, 2026. 3. United States Fish and Wildlife Service, 2026, March 19 (accessed), National Wetlands Inventory, https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/. 4. California Department of Forestry and Fire Protection, 2026, March 19 (accessed), Fire Hazard Severity Zone Viewer, https://experience.arcgis.com/experience/6a9cb66bb1824cd98756812af41292a0. 5. California Department of Toxic Substances Control, 2026, March 19 (accessed), Hazardous Waste and Substances Site List (Cortese), https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS &status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29. 6. California Environmental Protection Agency, 2026, March 19 (accessed), Cortese List Data Resources, https://calepa.ca.gov/SiteCleanup/CorteseList/. 7. State Water Resources Control Board, 2026, March 19 (accessed), GeoTracker, https://geotracker.waterboards.ca.gov/map/?myaddress=California&from=header&cqid=7333722770. 8. California Environmental Protection Agency, 2026, March 19 (accessed), Sites Identified with Waste Constituents Above Hazardous Waste Levels Outside the Waste Management Unit, https://calepa.ca.gov/wp- content/uploads/2016/10/SiteCleanup-CorteseList-CurrentList.pdf. 9. California Environmental Protection Agency, 2026, March 19 (accessed), List of “active” CDO and CAO from Water Board, https://calepa.ca.gov/wp-content/uploads/2016/10/SiteCleanup-CorteseList-CDOCAOList.xlsx. 89 PC 05-12-2026 89 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 14 PlaceWorks 10. California Environmental Protection Agency, 2026, March 19 (accessed), Cortese List: Section 65962.5(a), https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/. 11. California Geological Survey, 2026, March 19 (accessed), Earthquake Zones of Required Investigation, https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/. 12. Federal Emergency Management Agency, 2009, May 18, FEMA Flood Map Service Center: Search By Address, https://msc.fema.gov/portal/search?AddressQuery=10065%20E%20Estates%20Dr%2C%20Cupertino%2C%20C A%2095014, accessed March 19, 2026. 13. Santa Clara Valley Habitat Agency, 2013, Santa Clara Valley Habitat Plan Geobrowser, https://scvha.maps.arcgis.com/apps/webappviewer/index.html?id=f2268679c2fa49489e3f7d6e8377837e, accessed March 19, 2026. 14. California Natural Diversity Database, 2026, March 19 (accessed), CNDDB Maps and Data, https://apps.wildlife.ca.gov/bios6/?tool=cnddbqv. 15. National Park Service, 2024, July 10, National Register of Historic Places, https://www.nps.gov/subjects/nationalregister/database-research.htm#table, accessed March 19, 2026. 16. California Office of Historic Preservation, 2026, March 19 (accessed), California Historical Resources, https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43. 17. City of Cupertino, 2015, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, Chapter 4.5, Cultural Resources, Table 4.4-2, Cultural Resources in the Project Study Area and Vicinity, pages 4.4-8 to 4.4-12. Tribal Cultural Resources TRIBAL OUTREACH AND CONSULTATION PRC Section 21080.66(b) requires local government to provide formal notification via certified mail and email to each California Native American tribe that is traditionally and culturally affiliated with the project site as an invitation to consult on the proposed project, its location, and the potential for the project to impact tribal cultural resources pursuant to one of the following deadlines: ▪ Within 14 days of the application for the project being deemed complete , pursuant to Government Code Section 65589.5(h)(5). ▪ Within 14 days of notifying the local government that the project is eligible to be exempt from this division pursuant to this section for projects whose applications were deemed complete before July 1, 2026. Tribal Notification The City received a request to be notified about projects in the city of Cupertino from the Tamien Nation on May 28, 2021, as the city is within the geographic area with which they are traditionally and culturally affiliated. The City routinely notifies the Tamien Nation of all applicable projects pursuant to the Native American Historic Resource Protection Act, commonly referred to as its legislative bill number, AB 52. In addition, the City sent a request to 90 PC 05-12-2026 90 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION APRIL 2026 15 the Native American Heritage Commission (NAHC) for a Tribal Contacts List on August 4, 2025. The NAHC provided a consultation list with a total of 23 contacts for nine tribes that are traditionally and culturally affiliated with the geographic area of the city of Cupertino on August 5, 2025: ▪ Amah Mutsun Tribal Band ▪ Muwekma Ohlone Tribe of the SF Bay Area ▪ Amah Mutsun Tribal Band of Mission San Juan Bautista ▪ Northern Valley Yokut / Ohlone Tribe ▪ Tamien Nation ▪ Costanoan Rumsen Carmel Tribe ▪ The Ohlone Indian Tribe ▪ Indian Canyon Mutsun Band of Costanoan ▪ Wuksachi Indian Tribe/Eshom Valley Band On November 19, 2025, the City sent outreach request letters via certified mail and email for each tribal contact provided. Table 3, Tribal Notification, Outreach, and Consultation Initiation, shows the contacts that requested consultation. Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact Date of Response Date of Consultation Initiation Amah Mutsun Tribal Band Ed Ketchum, Vice-Chairperson -- -- Amah Mutsun Tribal Band Valentin Lopez, Chairperson -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Garry Zimmer, Senior Cultural Monitor and Consultant -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Christopher Zimmer, Senior Cultural Monitor and Consultant, Councilman -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Michelle Zimmer, Senior Cultural Monitor and Consultant -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Irenne Zwierlein, Chairperson -- -- Amah Mutsun Tribal Band of Mission San Juan Bautista Shelby Brown, Senior Cultural Monitor and Consultant, Councilwoman -- -- Costanoan Rumsen Carmel Tribe Carla Munoz, Tribal Council -- -- Costanoan Rumsen Carmel Tribe Samuel Rodriguez, Cultural Resource Officer -- -- Costanoan Rumsen Carmel Tribe Henry Muñoz, Cultural Resource Officer -- -- Indian Canyon Mutsun Band of Costanoan Ann Marie Sayers, Retired Honorable Elder -- -- 91 PC 05-12-2026 91 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 16 PlaceWorks Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact Date of Response Date of Consultation Initiation Indian Canyon Mutsun Band of Costanoan Kanyon Sayers-Roods, Tribal Chairwoman 1/6/2026 1/7/2026 Muwekma Ohlone Tribe of the SF Bay Area Richard Massiatt, Councilmember/MLD Tribal Rep. 11/19/25 11/25/2025 Muwekma Ohlone Tribe of the SF Bay Area Charlene Nijmeh, Chairperson 11/19/25 11/25/2025 Northern Valley Yokut / Ohlone Tribe Katherine Perez, Chairperson -- -- Northern Valley Yokut / Ohlone Tribe Timothy Perez, Tribal Compliance Officer -- -- Tamien Nation Lillian Camarena, Secretary 12/2/2025 No consultation requested Tamien Nation Quirina Geary, Chairperson 12/2/2025 No consultation requested Tamien Nation Johnathan Wasaka Costillas, THPO -- -- The Ohlone Indian Tribe Desiree Vigil, THPO -- -- The Ohlone Indian Tribe Andrew Galvan, Chairperson -- -- The Ohlone Indian Tribe Vincent Medina, Cultural Leader -- -- Wuksachi Indian Tribe/ Eshom Valley Band Kenneth Woodrow, Chairperson -- -- Source: Native American Heritage Commission, August 2025. Note: Where no dates are identified, no response was received, thus consultation was not initiated. Sacred Lands File Search Concurrently with the tribal contact list request on August 4, 2025, the City also requested a Sacred Lands File (SLF) search. There are no known cultural resources on the project site and the results of the SLF search conducted by Mathew Lin, MPP, Cultural Resources Analyst, of the NAHC, on August 5, 2025, were negative. 92 PC 05-12-2026 92 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION APRIL 2026 17 PROTECTION OF TRIBAL CULTURAL RESOURCES Pursuant to PRC Section 21080.66(b)(4)(A), the project applicant is required to comply with any enforceable agreements reached during the project consultation. The Tamien Nation requested that, should any tribal or historical resources be discovered during grading or other ground - disturbing activities of the proposed project, they shall be notified immediately. No additional agreements, enforceable or otherwise, were requested during project consultation; therefore, no additional requirements were added to the proposed project. Further, pursuant to PRC Section 21080.66(b)(4)(B), a mutual agreement was made between the California Native American tribes that consulted and the project applicant; thus, none of the measures pursuant to PRC Section 21080.66(b)(4)(B) are required. TRIBAL CULTURAL RESOURCES CONSISTENCY SUMMARY The City completed the tribal outreach requirements pursuant to PRC Section 21080.66(b)(1) through (3) and the requirements of PRC Section 21080.66(b)(4) do not need to be included as a binding condition. As such, the project is consistent with the tribal outreach and consultation and protection of tribal cultural resources requirements described in PRC Section 21080.66(b). Environmental Assessment (Hazardous Materials) PHASE I ENVIRONMENTAL SITE ASSESSMENT PRC Section 21080.66(c)(1)(A) states that local government shall require the project applicant to complete a Phase I Environmental Site Assessment (ESA) as a condition of approval for the development, as defined in Section 78090 of the Health and Safety Code. Based on PRC Section 21080.66(c)(1)(B), if a recognized environmental condition (REC) is found, the project applicant shall complete a preliminary endangerment assessment1 (in accordance with the California Health and Safety Code Section 78095), prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. Pursuant to PRC Section 21080.66(c)(1)(C), if release of a hazardous substance is found to exist on the site, the release shall be removed, or any effects of the release shall be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy. Pursuant to PRC Section 21080.66(c)(1)(D), if a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall 1 Based on the California Health and Safety Code Section 78095, preliminary endangerment assessment includes the following activities: Sampling and analysis of a site; a preliminary determination of the type and extent of hazardous material contamination of a site; and a preliminary evaluation of the risks the hazardous materials contamination of a site may pose to public health or the environment. 93 PC 05-12-2026 93 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 18 PlaceWorks be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy. A Phase I ESA was prepared and third-party peer reviewed as part of the City’s requirements in Cupertino Municipal Code Chapter 17.04, Standard Environmental Protection Requirements, that identifies standard environmental protection requirements that all construction projects must meet. The results of the Phase I ESA did not find any RECs. However, a business environmental risk (BER), a condition that can have a material environmental or environmentally driven impact on the business associated with the current or planned use of commercial real estate, was identified. A limited Phase II Investigation was prepared and third- party peer reviewed that concluded there is not an unacceptable human health risk to future residents in regard to metals and Organochlorine Pesticides (OCPs) from past agricultural orchard use and no further investigation is recommended for the site. Accordingly, the project has complied with the requirements of PRC Section 21080.66(c)(1) regarding hazardous materials. PROXIMITY TO FREEWAYS For projects within 500 feet of a freeway, PRC Section 21080.66(c)(2) requires: ▪ The building shall have a centralized heating, ventilation, and air-conditioning (HVAC) system. ▪ The outdoor air intakes for the HVAC system shall face away from the freeway. ▪ The building shall provide air filtration media for outside and return air that provides a minimum efficiency reporting value of 16. ▪ The air filtration media shall be replaced at the manufacturer’s designated interval. ▪ The building shall not have any balconies facing the freeway. Project Consistency. The project site is approximately 0.4 miles (2,200 feet) away from the freeway; therefore, the proposed project is not subject to PRC Section 21080.66(c)(2) criteria. Other Requirements LABOR CODE PRC Section 21080.66(d) includes additional labor requirements for housing development projects, including: ▪ The payment of at least the general prevailing rate of per-diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations, to construction 94 PC 05-12-2026 94 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION APRIL 2026 19 workers employed in the execution of a 100 percent affordable housing development project. ▪ Compliance with the labor standards outlined in Government Code Section 65913.4(a)(8) for buildings over 85 feet in height above grade. ▪ Compliance with the labor standards of Government Code Section 65912.130 for projects of 50 units or greater in the city and county of San Francisco, for any construction craft where at least 50 percent of the units in market-rate multifamily housing projects that received their certificate of occupancy between 2022 and 2024, inclusive, were built by workers that were paid not less than the general prevailing rate of per-diem wages. ▪ Extension of Labor Code Section 218.8 to the project applicant in addition to the direct contractor or subcontractor. ▪ Allowance of a joint labor-management cooperation committee to undertake specific actions to court. Project Consistency. The proposed project is not a 100 percent affordable housing development, over 85 feet in height above grade, or in the city or county of San Francsico. The proposed project would comply with the Labor Code and the Business and Professions Code described previously. ELIGIBILITY FOR MODIFICATIONS OF DEVELOPMENT STANDARDS As stated in PRC Section 21080.66(e), this PRC section does not affect the eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to Government Code Section 65915. Therefore, the applicability of this statutory exemption does not prohibit the proposed project from requesting the waivers, exception, and reduction described in Section 2.3, Land Use and Zoning Designations. 3.3 CONCLUSION As analyzed in Section 3.1, Public Resources Code Section 21080.66, the proposed project meets the criteria for statutory exemption. Accordingly, this document finds that a Notice of Exemption is appropriate for the proposed project pursuant to CEQA Guidelines Section 15062. 95 PC 05-12-2026 95 of 106 10268 BANDLEY DRIVE RESIDENTIAL DEVELOPMENT PROJECT CEQA EXEMPTION MEMORANDUM CITY OF CUPERTINO 3. FINDINGS CONCERNING CEQA EXEMPTION 20 PlaceWorks This page is intentionally left blank. 96 PC 05-12-2026 96 of 106 P. 415.946.8777 Bay Area Council Bay Area Council Bay Area Council www.bayareacouncil.org The Historic Klamath PO Box 5135 1215 K Street, Suite 2220 Pier 9, The Embarcadero Berkeley, CA 94705 Sacramento, CA 95814 San Francisco, CA 94111 April 30, 2026 Mayor and Members of the City Council City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Support for Proposed Housing Project at 10268 Bandley Drive Dear Mayor and Members of the Council, On behalf of the Bay Area Council, I write in strong support of the proposed 27-unit townhome development at 10268 Bandley Drive. This project represents exactly the kind of thoughtful, well-located infill housing the region needs to address our ongoing affordability and supply crisis. The Bay Area Council is a business-sponsored public policy organization representing more than 370 of the largest employers in the Bay Area. Our members employ over 4.5 million workers across the region, and we are deeply committed to expanding housing production at all income levels to keep the Bay Area economically competitive and livable. The Bandley Drive project merits enthusiastic support because it drives this goal forward for several reasons. First, the location is ideal for new housing. The site sits within an office park surrounded by Apple facilities, meaning residents will be close to thousands of jobs. The site is also remarkably amenity-rich. Future residents will enjoy walkable access (under one half mile) to shopping and restaurants along Stevens Creek Boulevard and De Anza Boulevard, including a Target store less than a quarter mile away. William Faria Elementary and Lawson Middle Schools are both within one mile, and Cupertino Memorial Park along with the Quinlan Community Center sit roughly one half mile from the site. This degree of walkable access to daily needs, schools, and parks is exactly what good infill housing looks like. Second, the project conforms fully with the city's General Plan and zoning. The site is designated Mixed Use Planned Development, which permits residential density up to 25 dwelling units per acre. The applicant proposes a modest 17 units per acre, well within allowable limits. The 27 townhomes will offer a mix of three-bedroom and four-bedroom layouts in a clean modern architectural style suitable for families. Townhomes are this generation’s starter home and we need to build a lot more of them for them to become more affordable. Third, the project includes meaningful affordability. Five of the 27 homes will be deed - restricted below market rate, with two reserved for median-income households and three for moderate-income households. Cupertino, like the rest of the region, faces an acute shortage of family-sized homes attainable for teachers, nurses, public safety workers, and other middle- income earners. This project helps meet that need. Fourth, the project takes advantage of AB 130's CEQA exemption pathway, allowing it to move forward efficiently while still meeting all underlying zoning, design, and building code requirements. Streamlined approvals for code-compliant infill housing are essential if Cupertino 97 PC 05-12-2026 97 of 106 P. 415.946.8777 Bay Area Council Bay Area Council Bay Area Council www.bayareacouncil.org The Historic Klamath PO Box 5135 1215 K Street, Suite 2220 Pier 9, The Embarcadero Berkeley, CA 94705 Sacramento, CA 95814 San Francisco, CA 94111 is to meet its Regional Housing Needs Allocation and broader state housing goals. While this is not a Housing Element site, the project advances the same objectives by delivering ownership housing in a high-opportunity, transit-served, amenity-rich location. For these reasons, the Bay Area Council respectfully urges the City of Cupertino to approve the proposed development at 10268 Bandley Drive. We commend the applicant for delivering a project that is well-designed, well-located, and fully consistent with community and regional goals. Thank you for your consideration. Sincerely, Louis Mirante Senior Vice President of Public Policy lmirante@bayareacouncil.org 98 PC 05-12-2026 98 of 106 ! "#$% ! &&$' ! 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Franco Park adjoins Prometheus' Markham Apartments, on the corner of Homestead Road. At a little over a half acre, the park has been nearly three years in the making and was developed along with the addition of 116 residential units at Markham Apartments. Named in memory of PW Market owner Joey Franco, Franco Park features a modern play structure and manicured lawns. Cupertino Mayor Gilbert Wong performed the ribbon cutting ceremony January 22, under sunny skies with children standing by ready to play in the new park. "Cupertino is very famous for its schools and Apple Computer for high-tech," said Wong. "The quality of life is also very important in the community. You can have good jobs, good schools, but you need amenities, like libraries and parks. This is a great partnership that we can work together with a private company like Prometheus and the city to build a public park," said Wong. "Franco Park is an excellent example of how a public private partnership can 101 PC 05-12-2026 101 of 106 5/5/26, 1:26 PMPrometheus Real Estate Group Develops Franco Park With City of Cupertino Page 2 of 2https://www.prnewswire.com/news-releases/prometheus-real-estate-group-develops-franco-park-with-city-of-cupertino-116418424.html result in an absolute win win for everyone--for the City, our residents at Markham Apartments and the greater community of citizens in Cupertino," said Executive Vice President, Jonathan Moss. "We are grateful to the City of Cupertino for its collaborative efforts in creating a very special place for generations to come." About Prometheus Prometheus Real Estate Group is the largest private owner of multi-family properties in the San Francisco Bay Area with a growing portfolio of more than 18,000 metropolitan-area apartments in the Seattle, Portland, Ore., and Los Angeles communities. Since its inception in 1965, Prometheus Real Estate Group has specialized in the acquisition, development and management of high quality residential and commercial properties throughout the Western United States. Prometheus has a long history of award-winning approaches to development, management and general excellence. Recent recognition includes: 2010 MHN Best Property Management Company of the Year, three Gold Nugget Awards and one Grand Award from the Pacific Coast Builder's Conference, First Place in Customer Service and Experience from For Rent Magazine, a California Landscape Association Trophy Award, a Rosey Award from the Portland Advertising Federation and the Multi-Housing News Design Excellence Award. For more information, visit http://prometheusreg.com, Facebook, Twitter, or Linkedin. SOURCE Prometheus Real Estate Group 102 PC 05-12-2026 102 of 106 ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO A0.2 September 24, 2025 © 2025 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA | 2024406 Cupertino, California 10268 BANDLEY DRIVE 0 10 20 40 ILLUSTRATIVE SITE PLAN 103 PC 05-12-2026 103 of 106 ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO A0.6 September 24, 2025 © 2025 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA | 2024406 Cupertino, California 10268 BANDLEY DRIVE 0 10 20 40 ARCHITECTURAL SITE PLAN UNIT # PLAN TYPE NUMBER OF BEDRROOMS LIVING AREA (SF)AMI 100%-120% OF AMI TOTAL ELIGIBLE HOUSEHOULD INCOME 80% - 100% OF AMI AU AU AU AU LEGEND: © 2025 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. September 09, 2025 Cupertino, California 10268 BANDLEY DRIVE | 2024406 Notes: - Refer to Civil Sheets for all property lines, easements, site dimensions, accessible unit locations, etc. - Refer to project data Sheet A0.9 for all site data information - Refer to Landscape sheets for landscape design, dimensions and detailed information X UNIT NUMBER PLAN 1 PLAN 1X PLAN 2 PLAN 3 ADAPTABLE BELOW-MARKET RATE UNIT Moderate Income Median Income BMR 104 PC 05-12-2026 104 of 106 ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO A0.11 0 4 8 16 September 24, 2025 © 2025 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA | 2024406 Cupertino, California 10268 BANDLEY DRIVE STREETSCENE AND PHOTO SIMULATION BANDLY DRIVE - EXISTING SITE BANDLY DRIVE -PHOTO SIMULATION 105 PC 05-12-2026 105 of 106 BANDLEY DRIVE BLDG 4 BLDG 1 BLDG 2 BLDG 3 AU AU AU 1 2 3 4 5 6 789101112 13 14 15 16 17 18 192021222324252627 TYPICAL 22' TRC-TRC ALLEY SECTION TYPICAL 30' TC-TC STREET SECTION TYPICAL 28' STREET SECTION BANDLEY ROAD BANDLEY ROAD September 24, 2025 Cupertino, California 10268 BANDLEY DRIVE LEGEND 1 ABBREVIATIONS PRELIMINARY SITE PLAN C2.0 GRAPHIC SCALE 0'40'20'10'20'0' AU BLDG 1 106 PC 05-12-2026 106 of 106