HomeMy WebLinkAboutCC 04-07-2026 Action Letter and Resolutions
April 17, 2026
To Whom it May Concern:
Subject: Consider a Use Permit, Tentative Map, Architectural and Site Approval,
and Tree Removal Permit for the construction of a 122-unit residential
development, consisting of 66 small-lot single family homes and 56 townhomes
located at the Stevens Creek Office Center site, which includes a multi-tenant retail
building (Voyager Coffee and Panera Bread). The project utilizes Senate Bill 330
and provisions of State Density Bonus law. (Application No(s): U-2024-008, TM-
2024-006, ASA-2024-011, TR-2024-033; Applicant: Kevin Choy, Harvest Properties;
Location: 20807, 20813, 20823 & 20883 Stevens Creek Blvd; APNs: 326-32-050, -051,
-052, and -053.)
At its April 7, 2026, meeting, the Cupertino City Council took the following action:
MOTION: Chao moved and Moore seconded the staff recommendation to:
1. Find the project statutorily exempt from the California
Environmental Quality Act (CEQA); and
2. Approve the following permits:
a. Adopt Resolution No. 26-037 approving Use Permit (U-2024-008);
and
b. Adopt Resolution No. 26-038 approving Architectural & Site
Approval Permit (ASA-2024-011); and
c. Adopt Resolution No. 26-039 approving Tentative Map (TM-2024-
006); and
d. Adopt Resolution No. 26-040 approving Tree Removal permit
(TR-2024-033); and
3. with the amendment incorporating Municipal Code Section
19.148.060 to locate art to the Stevens Creek Boulevard frontage.
The amended motion passed with the following vote: Ayes: Moore, Chao, Fruen,
and Mohan. Noes: None. Abstain: None. Absent: Wang.
Also included are the resolutions that Council adopted at the meeting.
Page 2
Sincerely,
Lauren Sapudar
City Clerk
cc: Community Development
City Attorney
RESOLUTION NO. 26-037
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A USE PERMIT FOR A NEW RESIDENTIAL
DEVELOPMENT PROJECT CONSISTING OF 56-TOWNHOME-
CONDOMINIUM UNITS AND 66 SMALL LOT SINGLE FAMILY HOMES,
ON FOUR CONTIGUOUS PARCELS TOTALING 6.93-ACRES, INCLUDING
TREE REMOVAL AND REPLACEMENTS LOCATED AT
20807, 20813, 20823 & 20883 STEVENS CREEK BLVD;
APNs: 326-32-050, - 051, - 052, & - 053
SECTION I: PROJECT DESCRIPTION
Application No.: U-2024-008
Applicant: Kevin Choy (Harvest Properties)
Property Owner: Blair Volckmann
Location: 20807, 20813, 20823 & 20883 Stevens Creek Blvd; APNs: 326-32-
050, -051, -052, and -053
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the City of Cupertino received an application for a Use Permit as described
in Section I of this resolution; and
WHEREAS, the project is determined to be statutorily exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA
Guidelines because the proposed project would meet the requirements of the Public
Resources Code (PRC) Section 21080.66(a); and
WHEREAS, on March 24, 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 March 24, 2026 the Planning Commission recommended on a 5-0 vote
that the City Council approve the Use Permit (U-2024-008) in substantially similar form
to the Resolution presented (Resolution No. 2026-11), approve the Architectural and Site
Approval Permit (ASA-2024-011) in substantially similar form to the Resolution
presented (Resolution No. 2026-12), approve the Vesting Tentative Map (TM-2024-006)
in substantially similar form to the Resolution presented (Resolution No. 2026-13), and
Resolution No. 26-037
Page 2
approve the Tree Removal Permit (TR-2024-033), in substantially similar form to the
Resolution presented (Resolution No. 2026-14); and
WHEREAS, the Planning Commission motion included a recommendation to City
Council to explore additional benefits or assistance options for retail tenants that will be
displaced due to this housing development and similar projects. The Planning
Commission requested that the City Council, as a matter of establishing policy, consider
items such as expedited permitting processes, consideration of reduced fees, and other
opportunities for assistance for businesses impacted by seeking relocation; 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
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application
for a Use Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental
to the public health, safety, general welfare, or convenience;
The project is consistent with the land use designations in the General Plan, Zoning
Ordinance, and the Heart of the City Specific Plan. It has been designed to locate townhome
development closer to Stevens Creek Blvd. and transitioning to small-lot detached single-
family development to the north along Alves Dr. similar to the surrounding single-family
residential uses located north-west of the site. The proposed landscaping will be compatible
with the existing streetscape and Heart of the City standards. 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 proposed development and/or use will be located and conducted in a manner
in accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
Resolution No. 26-037
Page 3
The SB330 Preliminary Application was submitted for this project in April 2024, locking
in the development standards in effect at that time. The General Plan land use designation
for the property was Commercial/Office/Residential with a maximum residential density
of 25 dwelling units per acre. The residential use at the proposed 17.84 dwelling units per
acre is consistent with the General Plan in terms of density pursuant to state law, even
though one of the parcels currently has a residential land use density that is higher at the
date of approval of this project. The applicant is requesting waivers for the development of
this site to allow residential uses, with reduced setbacks, increased building height,
increased building forms (massing), increased lot coverage, and reduced minimum lot
width, as required by the Heart of the City Specific Plan’s and the City’s Municipal Code
standards. The proposed development has met all other applicable development standards
of the Heart of the City Specific Plan. The project is further conditioned to comply with the
Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In
addition, under the CEQA Guidelines Section 15061( b)(1) (Statutory Exemption), the
project has been found to be Statutorily Exempt from CEQA because the proposed project
would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a), as
further documented in the memorandum prepared by the City’s environmental consultant,
PlaceWorks. Therefore, the proposed development will be located and conducted in
accordance with the General Plan and underlying zoning regulations and complies with
the California Environmental Quality Act (CEQA).
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on PAGE 4 thereof, and those contained in all other Resolutions
approved for this Project.
The application for a Use Permit, Application No. U-2024-008, is hereby approved, and
that the conclusions upon which the findings and conditions specified in this Resolution
are based and contained in the Public Hearing record concerning Application no. U-2024-
008 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 “20807 – 20883 Stevens Creek Blvd.
Cupertino” consisting of 196 sheets labeled as, A0.01– A4.00, C1 – C26, L1.0 – L10.1,
JT-1 to JT-4, PM, and SL-1 to SL-4, drawn by ktgy Architects, Gates + Associates
Resolution No. 26-037
Page 4
landscape, cbg Civil Engineers Surveyors, and Radius Joint Trench, 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-2024-006, ASA-2024-011, and
TR-2024-033 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. USE APPROVAL AND PROJECT AMENDMENTS
Approval is hereby granted to allow a residential use in a Planned Development
zone that was not allocated units as a Priority Housing Site at the time of
Preliminary Application submission under the Housing Crisis Act. The Planning
Commission shall review amendments to the project considered major by the
Director of Community Development.
6. 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 12 waivers as requested and indicated on the
approved project plans follows:
a. Concession to address different unit type for BMR units; and
b. Waiver to deviate from the 45-foot height limitation in the Heart of the City
HOC) Specific Plan; and
c. Waiver to deviate from the front setback identified in the HOC Specific Plan;
and
d. Waiver to deviate from the side setback identified in the HOC Specific Plan;
and
e. Waiver to deviate from the rear setback identified in the HOC Specific Plan;
and
Resolution No. 26-037
Page 5
f. Waiver to deviate from the building forms requirement in the HOC Specific
Plan; and
g. Waiver to deviate from the building eave encroachment standard in the HOC
Specific Plan; and
h. Waiver to deviate from the maximum lot coverage percentage identified in the
Cupertino Municipal Code; and
i. Waiver to deviate from the minimum lot width development standard
identified in the Cupertino Municipal Code; and
j. Waiver to deviate from the minimum parking space size and use of tandem
garages development standards identified in the Cupertino Municipal Code;
and
k. Waiver to deviate from the parking setback identified in the Cupertino
Municipal Code.
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.
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
Resolution No. 26-037
Page 6
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
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 7th day of April, 2026, by the following vote:
Members of the City Council
AYES: Moore, Chao, Fruen, Mohan
NOES: None
ABSENT: Wang
ABSTAIN: None
Resolution No. 26-037
Page 7
SIGNED:
Kitty Moore, Mayor
City of Cupertino
Date
ATTEST:
Lauren Sapudar, City Clerk Date
4/15/2026
4/15/2026
RESOLUTION NO. 26-038
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT
FOR A NEW RESIDENTIAL DEVELOPMENT PROJECT CONSISTING OF
56-TOWNHOME-CONDOMINIUM UNITS AND 66 SMALL LOT SINGLE FAMILY
HOMES, ON FOUR CONTIGUOUS PARCELS TOTALING 6.93-ACRES,
INCLUDING TREE REMOVAL AND REPLACEMENTS LOCATED AT
20807, 20813, 20823 & 20883 STEVENS CREEK BLVD;
APNs: 326-32-050, -051, -052, & -053
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2024-011
Applicant: Kevin Choy (Harvest Properties)
Property Owner: Blair Volckmann
Location: 20807, 20813, 20823 & 20883 Stevens Creek Blvd; APNs: 326-32-050,
051, -052, and -053
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 March 24, 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 March 24, 2026 the Planning Commission recommended on a 5-0 vote
that the City Council approve the Use Permit (U-2024-008) in substantially similar form
to the Resolution presented (Resolution No. 2026-11), approve the Architectural and Site
Approval Permit (ASA-2024-011) in substantially similar form to the Resolution
presented (Resolution No. 2026-12), approve the Vesting Tentative Map (TM-2024-006)
in substantially similar form to the Resolution presented (Resolution No. 2026-13), and
Resolution No. 26-038
Page 2
approve the Tree Removal Permit (TR-2024-033), in substantially similar form to the
Resolution presented (Resolution No. 2026-14); and
WHEREAS, the Planning Commission motion included a recommendation to City
Council to explore additional benefits or assistance options for retail tenants that will be
displaced due to this housing development and similar projects. The Planning
Commission requested that the City Council, as a matter of establishing policy, consider
items such as expedited permitting processes, consideration of reduced fees, and other
opportunities for assistance for businesses impacted by seeking relocation; 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
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application
for an Architectural and Site Approval Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposal, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
The project is consistent with the land use designations in the General Plan, Zoning
Ordinance, and the Heart of the City Specific Plan. It has been designed to locate townhome
development closer to Stevens Creek Blvd. and transitioning to small-lot detached single-
family development to the north along Alves Dr. similar to the surrounding single-family
residential uses located north-west of the site. The proposed landscaping will be compatible
with the existing streetscape and Heart of the City standards. 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:
Resolution No. 26-038
Page 3
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.
Several of the buildings proposed are taller than the maximum height allowed by the zoning
district and have setbacks smaller than those required by the zoning district since
provisions of state law allow the applicant to waive development standards which would
otherwise preclude the applicant from building the project they designed. The City does not
have the ability to require changes to the project as designed to comply with either the
maximum height limitations or minimum setback requirements. However, the proposed
townhomes and detached single-family dwellings are proposing to plant trees along
Stevens Creek Boulevard and Alves drive, in accordance with the Heart of the City Specific
Plan, for visual screening.
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 buildings meet the design qualities of a contemporary Spanish, Modern French and
Craftsman design development. The architectural style alternates between the three styles
throughout the site. Crosswalks throughout the site will be delineated with an Ashlar
pattern stamped asphalt in earthtone shades. The applicant will continue the decorative
brick paving within the public right-of-way along Stevens Creek Blvd, continuing the
decorative paving from 20807 Steven’s Creek Blvd to 20955 Steven Creek Blvd. This
improvement will complete the decorative brick pavers along the entire frontage of the
project site. The 6 existing Callery Pear street trees along Steven’s Creek Blvd. are proposed
to be retained and protected in place. The species is consistent with the requirements of the
Heart of the City Specific Plan “flowering orchard” planting theme. The mature trees will
help to screen the building mass along Steven’s Creek Blvd. 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.
Resolution No. 26-038
Page 4
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures shall minimize traffic hazards and shall positively
affect the general appearance of the neighborhood and harmonize with adjacent
development; and
No signage is proposed as part of this project.
d) With respect to new projects within existing residential neighborhoods, new
development should be designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and
other appropriate design measures.
While the project abuts an existing single-family residential neighborhood to the north-
west, it is surrounded on all other sides by commercial uses. The townhome buildings have
been designed in accordance with many of the non-objective design guidelines outlined in
the Heart of the City Specific Plan. Further, the project has provided a new parkway
between the street curb and the new sidewalk, that did not exist before. The parkway will
set the sidewalk back from the street to provide additional safety buffer to pedestrians from
vehicles. Additionally, the project incorporates a double row of trees planted along Alves
Dr. to provide shade and seasonal foliage within the 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
Resolution, beginning on PAGE 4 herein, and subject to the conditions contained in all
other Resolutions approved for this Project.
The application for an Architectural and Site Approval, Application No. ASA-2024-011,
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-2024-011 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 “20807 – 20883 Stevens Creek Blvd.
Cupertino” consisting of 196 sheets labeled as, A0.01– A4.00, C1 – C26, L1.0 –
L10.1, JT-1 to JT-4, PM, and SL-1 to SL-4, drawn by ktgy Architects, Gates +
Resolution No. 26-038
Page 5
Associates landscape, cbg Civil Engineers Surveyors, and Radius Joint Trench,
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-2024-006, U-2024-008, and
TR-2024-033 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. 56 townhomes, with 24 townhomes dedicated as units affordable to moderate-
and median-income households;
b. 66 single-family homes;
c. 244 garage parking spaces;
d. 27 guest parking spaces;
e. 122 garage bicycle spaces;
f. 4 bicycle spaces in the common open space;
g. Landscaping in designated locations with the use of the approved plant palate,
including native and drought-tolerant plants;
h. Vegetated stormwater treatment facilities with the use of native plants;
i. 31,921 square feet of private open space across all units;
j. 10,257 square feet of common open space;
k. Screened mechanical equipment;
l. Screening six-foot-tall “good neighbor” fence on the western property line and
eight-foot-tall masonry wall on the eastern property line.
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 12 waivers as requested and indicated on the
approved project plans as follows:
Resolution No. 26-038
Page 6
a. Concession to address different unit type for BMR units; and
b. Waiver to deviate from the 45-foot height limitation in the Heart of the City
HOC) Specific Plan; and
c. Waiver to deviate from the front setback identified in the HOC Specific Plan;
and
d. Waiver to deviate from the side setback identified in the HOC Specific Plan;
and
e. Waiver to deviate from the rear setback identified in the HOC Specific Plan;
and
f. Waiver to deviate from the building forms requirement in the HOC Specific
Plan; and
g. Waiver to deviate from the building eave encroachment standard in the HOC
Specific Plan; and
h. Waiver to deviate from the maximum lot coverage percentage identified in the
Cupertino Municipal Code; and
i. Waiver to deviate from the minimum lot width development standard
identified in the Cupertino Municipal Code; and
j. Waiver to deviate from the minimum parking space size and use of tandem
garages development standards identified in the Cupertino Municipal Code;
and
k. Waiver to deviate from the parking setback identified in the Cupertino
Municipal Code.
7. AFFORDABLE UNITS
The project shall include 12 units affordable to median-income (80-100% of Area
Median Income) households and 12 units affordable to moderate-income (100-
120% of Area Median Income) households as determined by the City’s BMR
Mitigation Manual.
8. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any residential building
permit, an affordable housing (Below Market Rate (BMR)) 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;
Resolution No. 26-038
Page 7
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;
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 an in-field mock-up of colors prior to
application to ensure quality and consistency. Any exterior changes determined to
be substantial by the Director of Community Development shall either require a
modification to this permit or a new permit based on the extent of the change.
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. 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.
12. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction
of the approved project. The applicant shall provide information and plans to
allow the Building Official and the Fire Marshall or their designee that the
proposed plans comply with Building and Fire Codes in effect at the time of
application for a building permit.
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13. 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
14. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials were recycled prior to issuance of final demolition permits.
15. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public Works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during the nighttime period as defined in Section 10.48.053(b) of
the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night
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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.
16. 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.
17. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running
with the land, subject to approval of the City Attorney, for all parcels that share a
common private drive or private roadway with one or more other parcels,
including the parcel to the east of the subject site, unless an easement is already
recorded which provides ingress/egress for the driveway located on the south east
portion of the property to the property located directly to the east of the subject
site. The deed restriction shall provide for necessary reciprocal ingress and egress
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easement to and from the affected parcels. The easements shall be recorded prior
to final map recordation.
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
public access to the privately maintained streets and walkways where public
access easements are shown on the Vesting Tentative Map.
19. PUBLIC ART REQUIREMENT
Public art shall be provided for the project in accordance with General Plan Policy
2-66 and the City’s Public Art Ordinance (Chapter 19.148 of the Cupertino
Municipal Code). The minimum expenditure for the artwork, including, but not
limited to design, fabrication, and installation is one (1) percent of the construction
valuation for valuation in excess of $100 million. The project pro forma shall be
provided to the City to confirm the project budget. The public art plans (including
location and design) shall be reviewed by the Fine Arts Commission during the
building permit stage, in advance of final occupancy. Once approved by the Fine
Arts Commission, the public artwork shall be installed to the satisfaction of the
City prior to final occupancy.
The public artwork shall be located along the Stevens Creek Boulevard frontage
and designed consistent with the provisions of Municipal Code Section
19.148.060.D.
In the event the developer or property owner determines that the placement of
artwork on a particular property may not be feasible, the developer or property
owner may apply to the City for an in-lieu payment alternative as indicated in
Chapter 19.148 of the Cupertino Municipal Code, subject to review of the Fine Arts
Commission and the City Council. The in-lieu payment shall be 1.25% of the
construction valuation.
20. PUBLIC ART MAINTENANCE REQUIREMENT
In accordance with the requirements of Municipal Code Chapter 19.128, the
property owner shall maintain approved public artwork in good condition
continuously after its installation, as determined appropriate by the City.
Maintenance shall include all related landscaping, lighting, and upkeep, including
the identification plaque. Artwork required or approved cannot be removed,
except for required maintenance or repair, unless approved by the City; at which
time the City may require replacement or relocation of the artwork. In the event
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that the artwork is relocated in the public right-of-way, a maintenance agreement
with the City shall be required.
21. COMMON OPEN SPACE
The residential common open space shall provide amenities for passive and/or
active recreation including but not limited to play structures, barbeque areas,
picnic tables etc. and shall not be retained as or converted to only a passive
hardscaped or landscaped area.
22. 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.
23. RESIDENTIAL SCREENING COVENANT
The property owner shall record a covenant on this property to inform future
property owners of the residential screening measures and tree protection
requirements consistent with the approved plans and reference these in the
Property Owner Association documentation. The precise language will be subject
to approval by the Director of Community Development. Proof of recordation
must be submitted to the Community Development Department prior to final
occupancy of the residence.
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.”
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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
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.
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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.
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.
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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:
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
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owner or a tree removal contractor, if necessary, is permitted to
conduct the preconstruction surveys to identify if there are any
active nests. If any active nests with eggs or young birds are
identified, the project applicant shall retain a qualified ornithologist
or biologist to identify protective measures.
2) For any other demolition, construction and ground disturbing
activity or the removal of four or more trees, a qualified ornithologist
or biologist shall be retained by the project applicant to conduct the
preconstruction surveys.
iii. If the preconstruction survey does not identify any active nests with eggs
or young birds that would be affected by demolition, construction, ground-
disturbing or tree removal/pruning activities, no further mitigating action
is required. If an active nest containing eggs or young birds is found
sufficiently close to work areas to be disturbed by these activities, their
locations shall be documented, and the qualified ornithologist or biologist
shall identify protective measures to be implemented under their direction
until the nests no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing,
such as orange construction fencing or equivalent) around each nest
location as determined by the qualified ornithologist or biologist, taking
into account the species of birds nesting, their tolerance for disturbance and
proximity to existing development. In general, exclusion zones shall be a
minimum of 300 feet for raptors and 75 feet for passerines and other birds.
The active nest within an exclusion zone shall be monitored on a weekly
basis throughout the nesting season to identify signs of disturbance and
confirm nesting status. The radius of an exclusion zone may be increased
by the qualified ornithologist or biologist, if project activities are
determined to be adversely affecting the nesting birds. Exclusion zones may
be reduced by the qualified ornithologist or biologist only in consultation
with California Department of Fish and Wildlife. The protection measures
and buffers shall remain in effect until the young have left the nest and are
foraging independently or the nest is no longer active.
v. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be prepared by the qualified ornithologist or
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
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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:
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
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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:
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.
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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
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. CALIFORNIA NATIVE AMERICAN TRIBAL PROTECTIONS
Prior to issuance of any demolition, grading, or building permit, the applicant
shall demonstrate to the satisfaction of the Director of Community Development
that the project complies with the requirements of Public Resources Code Section
21080.66. Compliance with this condition shall be ongoing throughout all ground-
disturbing and restoration activities.
If requested by a California Native American tribe traditionally and culturally
affiliated with the project area, the Applicant shall retain and fund tribal
monitoring during all ground-disturbing activities. The designated tribal monitor
shall be selected by the tribe and shall comply with the applicant’s site access and
workplace safety requirements. The applicant shall compensate the tribal monitor
at a reasonable rate, determined in good faith, that aligns with customary
compensation for cultural resource monitoring, taking into account factors such as
the scope and duration of the project.
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Tribal cultural resources shall be avoided where feasible, in accordance with
subdivision (a) of Section 21084.3. In furtherance of this requirement, where
feasible, the project applicant shall provide deference to tribal preferences
regarding access to spiritual, ceremonial, and burial sites, and incorporate tribal
traditional knowledge in the protection and sustainable use of tribal cultural
resources and landscapes.
All identification, treatment, and documentation of tribal cultural resources shall
be conducted in a culturally appropriate manner consistent with Public Resources
Code Section 21083.9.
Prior to permit issuance, the Applicant shall complete a California Historical
Resources Information System (CHRIS) archaeological records search and a tribal
cultural records search for the project site and shall submit a Sacred Lands
Inventory Request to the Native American Heritage Commission.
The project shall comply with California Health and Safety Code Section 7050.5
and Public Resources Code Section 5097.98, including immediate cessation of
work in the event of the discovery of human remains or burial resources and
treatment in accordance with applicable law and consultation with the
appropriate California Native American tribe.
Where applicable to the environmental context of the site, the applicant shall
incorporate tribal ecological knowledge into any habitat restoration or landscape
management measures associated with the project.
42. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Prior to the issuance of any demolition, grading or building permit involving soil
disturbance, the project applicant shall provide written verification, including the
materials provided to contractors and construction crews, to the City confirming
that contractors and construction crews have been notified of basic archaeological
site indicators, the potential for discovery of archaeological resources, laws
pertaining to these resources, and procedures for protecting these resources as
follows:
a. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or shellfish;
artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g., floors);
and burials, either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
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c. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act of
1990, Public Resources Code Section 5097, and California Health and Safety
Code Section 7050 and Section 7052.
d. The protection procedures to follow should construction crews discover
cultural resources during project-related earthwork, include the following:
i. All soil disturbing work within 25 feet of the find shall cease.
ii. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to define
the deposit, and assessment of the remainder of the site within the project
area to determine whether the resource is significant and would be affected
by the project.
iii. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If
the resource is a tribal cultural resource, the consulting archaeologist shall
consult with the appropriate tribe, as determined by the Native American
Heritage Commission, to evaluate the significance of the resource and to
recommend appropriate and feasible avoidance, testing, preservation or
mitigation measures, in light of factors such as the significance of the find,
proposed project design, costs, and other considerations. The archeologist
shall perform this evaluation in consultation with the tribe.
43. HUMAN REMAINS AND NATIVE AMERICAN BURIALS
Prior to issuance of the any demolition, grading and building permits that involve
soil disturbance, include on plans a note that, during project construction, the
project applicant shall comply with California Health and Safety Code Section
7050.5 and California Public Resources Code Section 5097.98.
a. In the event of discovering human remains during construction activities, there
shall be no further excavation or disturbance of the site within a 100-foot radius
of the remains, or any nearby area reasonably suspected to overlie adjacent
remains.
b. The Santa Clara County Coroner shall be notified immediately and shall make
a determination as to whether the remains are Native American.
c. If the Santa Clara County Coroner determines that the remains are not subject
to his authority, he shall notify the Native American Heritage Commission
NAHC) within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of
the deceased Native American.
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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.
44. 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.
45. 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.
46. 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
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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.
47. 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.
Resolution No. 26-038
Page 23
48. OFFSITE STORM DRAIN CONNECTIONS
The City requires new development projects to connect to the City storm drain
system via a manhole. Required full trash capture inlet devices are installed within
the existing offsite inlets along Stevens Creek Blvd and Alves Dr. With the project
proposing to connect to some of these existing inlets along Stevens Creek Blvd and
Alves Dr, there is a concern that potential onsite flooding may occur due to the
blockage of these devices. The Developer shall consider reconfiguring the
proposed storm drain connections to connect directly to a manhole. However, if
this cannot be achieved, the Developer shall provide a letter from the Owner
stating the City will not be held liable if the trash capture devices cause onsite
flooding.
49. 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.
50. STREET IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and street improvements along the project
frontage will be required to the satisfaction of the Director of Public Works. Street
improvements, grading and drainage plans must be completed and approved
prior to Final map approval.
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 to the satisfaction of the Director of Public Works or his/her
designee.
51. 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.
52. 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
Resolution No. 26-038
Page 24
Building Final Occupancy or Street Improvement Encroachment Permit
acceptance whichever comes first unless otherwise approved by the Director of
Public Works or his/her designee.
53. 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 unless otherwise
approved by the Director of Public Works or his/her designee.
54. 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.
55. GRADING
Grading shall be as approved and required by the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code. 401
Certifications and 404 permits maybe required. Please contact Army Corp of
Engineers and/or Regional Water Quality Control Board as appropriate.
56. 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
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.
Resolution No. 26-038
Page 25
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.
57. 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 (Covenants, Conditions, and Restrictions (CC&R) and
Homeowners Association (HOA), CC&R must also include languages pertaining
to the stormwater treatment measures.
58. 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 23-24 fee schedule ($5,392 or 5% of
improvement costs)
b. Grading Permit: Per FY 23-24 fee schedule ($4,015 or 6% of
improvement costs)
c. Tract Map Fee: Per FY 23-24 fee schedule ($13,413)
Resolution No. 26-038
Page 26
d. Storm Drainage Fee: Per FY 23-24 fee schedule ($4,552 per AC +
345 per unit)
e. Transportation Impact Fee: Per FY 23-24 fee schedule: (single-family: $6,797
per unit; townhome: $4,215 per unit). Credit
shall be applied for the existing office & retail
uses (office $19.15 per sq ft, retail: $10.94 per sq
ft.)
f. Encroachment Permit Fee: Per FY 23-24 fee schedule ($3,601 or 5% of
improvement costs)
g. Park Fees: Per FY 23-24 fee schedule: $60,000 per unit
5,880,000 based on 98 units, 24 BMR units
waived)
h. Storm Management Plan Fee: Per FY 23-24 fee schedule ($1,789)
i. Street Tree Fee: By Developer or Per FY 23-24 fee schedule:
515 per tree
j. Developer Contribution: $99,500 (Stevens Creek Blvd Class IV Separated
Bike Lane frontage improvements)
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.
59. 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.
60. 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).
Resolution No. 26-038
Page 27
Project is also subject to Vehicle Miles Traveled (VMT) analysis as part of
environmental reviews per Chapter 17 of the Cupertino Municipal Code. Project
shall provide mitigation measure as results of the transportation analysis.
61. PARKS
The residential units are subject to the Park Land Dedication (for units 50 or more)
or the payment of parkland fees in-lieu of parkland dedication per Chapter 13.08
and Chapter 18.24 of the Cupertino Municipal Code. The City Council has the
ultimate discretion to require parkland dedication or accept park in-lieu fees.
The Below Market Rate (BMR) program manual, which was last amended by City
Council on July 2, 2024 per Resolution 24-067, authorizes the waiver of park fees
for BMR units. Pursuant to Resolution 24-067, parkland dedication in-lieu fees for
the 24 BMR units proposed for this project are hereby waived.
62. 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.
63. 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.
64. 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.
65. WORK SCHEDULE
After building permit issuance, the developer shall submit a work schedule every
six months to the City to show the timetable for all grading/erosion control work
in conjunction with this project.
Resolution No. 26-038
Page 28
66. 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.
67. 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, unless
it is the only acceptable location allowed by PG&E.
68. 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.
Developer shall install root barriers adjacent to the street trees along the curb and
sidewalk to the satisfaction of the Director of Public Works.
69. 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.
70. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
Resolution No. 26-038
Page 29
71. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of building permits. Clearance should include
written approval of the location of any proposed Fire Backflow Preventers, Fire
Department Connections and Fire Hydrants (typically Backflow Preventers
should be located on private property adjacent to the public right of way, and fire
department connections must be located within 100’ of a Fire Hydrant).
72. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
73. 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.
74. 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.
75. 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.
76. 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.
Resolution No. 26-038
Page 30
77. 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
78. 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.
79. 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
until all required PCB documents have been accurately completed, submitted to,
and approved by the Environmental Programs division of the Public Works
Department.
80. 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.
Resolution No. 26-038
Page 31
81. 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.
82. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise
extract water from the underground basin or any underground strata in the Santa
Clara Valley.
83. SANITARY DISTRICT
A letter of clearance or sign off of street improvement plans for the project shall be
obtained from the Cupertino Sanitary District prior to Final Map approval.
84. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be
required prior to Final Map approval.
SECTION V: 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.
85. GROUND LADDER / EMERGENCY RESCUE OPENINGS
Ground-ladder rescue from second and third floor rooms shall be made possible
for fire department operations. Climbing angle of seventy-five degrees shall be
demonstrated on the plans and maintained. [CFC Sec. 503 and 1031 NFPA 1932
Sec. 5.1.8 through 5.1.9.2]
a. Plans to show ground ladder landing areas in relation to proposed
landscaping.
b. Landscaping plans to show the location of all emergency rescue openings /
ground ladder landing locations. These areas shall remain unobstructed at
ground level and not have any trees overhead.
c. Identify which plan sheets have been updated to demonstrate conforming
landscaping and ground ladder access.
86. AERIAL ACCESS
Where the vertical distance between the grade plane and the highest roof surface
exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be
provided. For purposes of this section, the highest roof surface shall be determined by
Resolution No. 26-038
Page 32
measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall,
or the top of parapet walls, whichever is greater. [CFC Sect. D105]
a. AMMR approved for aerial, including installation of fire alarm system
interconnected throughout the whole building with mini horn on roof and an
enhanced” 13D fire sprinkler system.
87. FIRE APPARATUS ACCESS ROADS
The minimum clear width of fire department access roads shall be 20 feet for access
roadways and 26 feet where aerial access is required. For installation guide lines
refer to Fire Department Standard Details and Specifications sheet A-1. [CFC Sec.
503]
Reference sheet C23.
88. SECONDARY FIRE DEPARTMENT ACCESS ROAD
Developments of one or two family dwellings where the number of dwelling units
exceeds 30 shall be provided with two separate and approved fire apparatus access
roads and shall meet the requirements of the SCCFD A-1 standard.
89. FIRE LANES
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. The entire 20 foot fire
apparatus access roads shall be marked as fire lanes. Signs or other approved
notices shall be posted.
Reference sheet C23.
90. PARKING
When parking is permitted on streets, both during & after construction, it shall
conform to the following:
a. Parking is permitted on both sides of the street with street widths of 36 feet or
more
b. Parking is permitted on one side of the street with street widths of 28 – 35 feet
c. No parking is permitted when street widths are less than 28 feet
NOTE: Fire lane and turnaround striping shall be provided and verified by site
inspection. [SCCFD, A-1 Standard].
91. FIRE HYDRANT(S)
Fire hydrants shall be provided along required fire apparatus access roads and
adjacent public streets and shall be within 400 feet of the structure (CFC Sec. 507
App. B and App. C).
Resolution No. 26-038
Page 33
a. Hydrant locations shown on sheet C23. Hydrants shall be installed prior to
combustible construction material being brought onsite. Coordinate with
CalWater for hydrant installation.
92. FIRE FLOW
The fire flow for this project is 3,000 GPM at 20 psi residual pressure for 3 hours
with an automatic fire sprinkler system installed. [CFC Sec. B105] Note: The
minimum required number and spacing of the hydrants shall be in accordance
with CFC Table C102.1. Any alternative to this standard must be determined to be
to the satisfaction of the Santa Clara County Fire Department prior to building
permit issuance.
93. TIMING OF INSTALLATION
Fire apparatus access roads & water supply for fire protection shall be installed
and made serviceable prior to and during the time of construction except when
approved alternative methods of protection are provided. Temporary street signs
shall be installed at each street intersection when construction of new roadways
allows passage by vehicles in accordance with Section 505.2.
94. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address umbers, building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Address numbers shall be Arabic numbers
or alphabetical letters. Numbers shall be a minimum of 6 inches (101.6 mm) high with
a minimum stroke width of 0.5 inch (12.7 mm). Address numbers shall be
maintained. [CFC Sec. 505.1]
95. CONSTRUCTION SITE 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]
96. THIS PROJECT SHALL COMPLY WITH THE FOLLOWING
The California Fire (CFC), Building (CBC) Codes, 2022 edition, as adopted by the
City of Cupertino, California Code of Regulations (CCR) and Health & Safety
Code, and Santa Clara County Fire Department Standards (SCCFD).
Resolution No. 26-038
Page 34
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
97.INSTALLERS AGREEMENT
The property owner shall enter into an Installer’s Agreement with the District for
the construction of the proposed sewer infrastructure prior to issuance of Building
Permits.
98.PAYMENT OF FEES
The property owner shall pay all required New Lateral, Sewer Development,
Treatment Plant Capacity, plan check, and permit fees to the District prior to
issuance of Building Permits.
99.UTILITY PLANS
Provide utility plan and profile sheets during the Building Permit phase.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of April, 2026, by the following vote:
Members of the City Council
AYES: Moore, Chao, Fruen, Mohan
NOES: None
ABSENT: Wang
ABSTAIN: None
SIGNED:
Kitty Moore, Mayor
City of Cupertino
Date
ATTEST:
Lauren Sapudar, City Clerk Date
4/15/2026
4/15/2026
RESOLUTION NO. 26-039
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A VESTING TENTATIVE MAP FOR A NEW RESIDENTIAL
DEVELOPMENT PROJECT CONSISTING OF 56-TOWNHOME-CONDOMINIUM
UNITS AND 66 SMALL LOT SINGLE FAMILY HOMES, ON FOUR CONTIGUOUS
PARCELS, TOTALING 6.93-ACRES LOCATED AT 20807, 20813, 20823 & 20883
STEVENS CREEK BLVD; APNs: 326-32-050, -051, -052, & -053
SECTION I: PROJECT DESCRIPTION
Application No.: TM-2024-006
Applicant: Kevin Choy (Harvest Properties)
Property Owner: Blair Volckmann
Location: 20807, 20813, 20823 & 20883 Stevens Creek Blvd; APNs: 326-32-050,
051, -052, and -053
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 March 24, 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 March 24, 2026 the Planning Commission recommended on a 5-0 vote
that the City Council approve the Use Permit (U-2024-008) in substantially similar form
to the Resolution presented (Resolution No. 2026-11), approve the Architectural and Site
Approval Permit (ASA-2024-011) in substantially similar form to the Resolution
presented (Resolution No. 2026-12), approve the Vesting Tentative Map (TM-2024-006)
in substantially similar form to the Resolution presented (Resolution No. 2026-13), and
approve the Tree Removal Permit (TR-2024-033), in substantially similar form to the
Resolution presented (Resolution No. 2026-14); and
Resolution No. 26-039
Page 2
WHEREAS, the Planning Commission motion included a recommendation to City
Council to explore additional benefits or assistance options for retail tenants that will be
displaced due to this housing development and similar projects. The Planning
Commission requested that the City Council, as a matter of establishing policy, consider
items such as expedited permitting processes, consideration of reduced fees, and other
opportunities for assistance for businesses impacted by seeking relocation; 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
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application
for a Tentative Map; and
WHEREAS, the City Council finds as follows with regard to this application:
a. That the proposed subdivision map is consistent with the City of Cupertino
General Plan.
The subject property is consistent with the General Plan since the property is permitted to
have up to 25 dwelling units an acre pursuant to the vesting provisions of SB330 which
vested the development standards to those that were in place in April 2024.
b. That the design and improvements of the proposed subdivision are consistent
with the General Plan.
The off-site improvements are consistent with the City’s General Plan and Heart of the
City Specific Plan policies related to applicable pedestrian and bicycle safety, with
improvements made in accordance with the right-of-way design and the urban canopy
within the public right-of-way. While the development is required to have a 35-foot setback
from the street-facing side of the curb, 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 and Specific 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.
Resolution No. 26-039
Page 3
d. That the site is physically suitable for the intensity of development contemplated
under the approved subdivision.
The subject property is physically suitable in size and shape and in conformance to
development standards and is configured to accommodate a multi-unit development like
the one proposed.
e. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish
and wildlife or their habitat.
The design of the subdivision and proposed improvements will not injure fish and wildlife
or their habitat because the property is a previously developed site, with no fish and wildlife
habitat in the vicinity; the site is located in an urbanized area where residential land use is
allowed.
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.
Resolution No. 26-039
Page 4
The application for a Vesting Tentative Map, Application No. TM-2024-006, 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-2024-006 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 “20807 – 20883 Stevens Creek Blvd.
Cupertino” consisting of 196 sheets labeled as, A0.01– A4.00, C1 – C26, L1.0 –
L10.1, JT-1 to JT-4, PM, and SL-1 to SL-4, drawn by ktgy Architects, Gates +
Associates landscape, cbg Civil Engineers Surveyors, and Radius Joint Trench,
except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or
construction records. Any misrepresentation of any property data may invalidate
this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2024-008, ASA-2024-011, and
TR-2024-033 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. 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.
Resolution No. 26-039
Page 5
Any misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
7. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
collectively, the “indemnified parties”) from and against any liability, claim,
action, cause of action, suit, damages, judgment, lien, levy, or proceeding
collectively referred to as “proceeding”) brought by a third party against one or
more of the indemnified parties or one or more of the indemnified parties and the
applicant related to any Ordinance, Resolution, or action approving the project,
the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for the project. The
indemnification shall include but not be limited to damages, fees, and costs
awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs,
liabilities, and expenses incurred in connection with such proceeding whether
incurred by the Applicant, the City, or the parties initiating or bringing such
proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such 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.
Resolution No. 26-039
Page 6
8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified that
the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
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.
9. OFFSITE STORM DRAIN CONNECTIONS
The City requires new development projects to connect to the City storm drain
system via a manhole. Required full trash capture inlet devices are installed within
the existing offsite inlets along Stevens Creek Blvd and Alves Dr. With the project
proposing to connect to some of these existing inlets along Stevens Creek Blvd and
Alves Dr, there is a concern that potential onsite flooding may occur due to the
blockage of these devices. The Developer shall consider reconfiguring the
proposed storm drain connections to connect directly to a manhole. However, if
this cannot be achieved, the Developer shall provide a letter from the Owner
stating the City will not be held liable if the trash capture devices cause onsite
flooding.
10. 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.
11. STREET IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and street improvements along the project
frontage will be required to the satisfaction of the Director of Public Works. Street
improvements, grading and drainage plans must be completed and approved
prior to Final map approval.
Resolution No. 26-039
Page 7
Street improvements may include, but not be limited to, new detached sidewalk,
driveways, curb and gutter, utility connections, 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 to the satisfaction of the Director of Public Works or his/her
designee.
12. 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.
13. 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 unless otherwise approved by the Director of
Public Works or his/her designee.
14. 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 unless otherwise
approved by the Director of Public Works or his/her designee.
15. 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.
16. GRADING
Grading shall be as approved and required by the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code. 401
Resolution No. 26-039
Page 8
Certifications and 404 permits maybe required. Please contact Army Corp of
Engineers and/or Regional Water Quality Control Board as appropriate.
17. 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
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.
18. 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.
Resolution No. 26-039
Page 9
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
If the Project is subject to (Covenants, Conditions, and Restrictions (CC&R) and
Homeowners Association (HOA), CC&R must also include languages pertaining
to the stormwater treatment measures.
19. 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 23-24 fee schedule ($5,392 or 5% of
improvement costs)
b. Grading Permit: Per FY 23-24 fee schedule ($4,015 or 6% of
improvement costs)
c. Tract Map Fee: Per FY 23-24 fee schedule ($13,413)
d. Storm Drainage Fee: Per FY 23-24 fee schedule ($4,552 per AC +
345 per unit)
e. Transportation Impact Fee: Per FY 23-24 fee schedule: (single-family:
6,797 per unit; townhome: $4,215 per unit).
Credit shall be applied for the existing office
retail uses (office $19.15 per sq ft, retail:
10.94 per sq ft.)
f. Encroachment Permit Fee: Per FY 23-24 fee schedule ($3,601 or 5% of
improvement costs)
g. Park Fees: Per FY 23-24 fee schedule: $60,000 per unit
5,880,000 based on 98 units, 24 BMR units
waived)
h. Storm Management Plan Fee Per FY 23-24 fee schedule ($1,789)
i. Street Tree Fee: By Developer or Per FY 23-24 fee schedule:
515 per tree
j. Developer Contribution: $99,500 (Stevens Creek Blvd Class IV
Separated Bike Lane frontage
improvements)
Bonds:
a. Faithful Performance Bond: 100% of Off-site Improvements
b. Labor & Material Bond: 100% of Off-site Improvement
Resolution No. 26-039
Page 10
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.
20. 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.
21. TRANSPORTATION
The Project is subject to the payment of Transportation Impact Fees under City’s
Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal
Code).
Project is also subject to Vehicle Miles Traveled (VMT) analysis as part of
environmental reviews per Chapter 17 of the Cupertino Municipal Code. Project
shall provide mitigation measure as results of the transportation analysis.
22. PARKS
The residential units are subject to the Park Land Dedication (for units 50 or more)
or the payment of parkland fees in-lieu of parkland dedication per Chapter 13.08
and Chapter 18.24 of the Cupertino Municipal Code. The City Council has the
ultimate discretion to require parkland dedication or accept park in-lieu fees.
The Below Market Rate (BMR) program manual, which was last amended by City
Council on July 2, 2024 per Resolution 24-067, authorizes the waiver of park fees
for BMR units. Pursuant to Resolution 24-067, parkland dedication in-lieu fees for
the 24 BMR units proposed for this project are hereby waived.
23. 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.
24. 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
Resolution No. 26-039
Page 11
may include, but is not limited to, stormwater treatment facilities, landscaping,
street trees, sidewalk, pavers, and street lights.
25. 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.
26. 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 unless
it is the only acceptable location allowed by PG&E.
27. 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.
28. 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.
29. 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
Resolution No. 26-039
Page 12
SWPPP), use of construction Best Management Practices (BMPs) to control storm
water runoff quality, and BMP inspection and maintenance.
30. 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.
31. WORK SCHEDULE
After building permit issuance, the developer shall submit a work schedule every
six months to the City to show the timetable for all grading/erosion control work
in conjunction with this project.
32. 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.
33. 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.
Developer shall install root barriers adjacent to the street trees along the curb and
sidewalk to the satisfaction of the Director of Public Works.
34. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
35. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of building permits. Clearance should include
written approval of the location of any proposed Fire Backflow Preventers, Fire
Department Connections and Fire Hydrants (typically Backflow Preventers
should be located on private property adjacent to the public right of way, and fire
department connections must be located within 100’ of a Fire Hydrant).
Resolution No. 26-039
Page 13
36. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
37. 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.
38. 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.
39. 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.
40. 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.
41. 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.
42. 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
Resolution No. 26-039
Page 14
43. 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
until all required PCB documents have been accurately completed, submitted to,
and approved by the Environmental Programs division of the Public Works
Department.
44. 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.
45. 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.
SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
46. INSTALLERS AGREEMENT
The property owner shall enter into an Installer’s Agreement with the District for
the construction of the proposed sewer infrastructure prior to issuance of Building
Permits.
Resolution No. 26-039
Page 15
47.PAYMENT OF FEES
The property owner shall pay all required New Lateral, Sewer Development,
Treatment Plant Capacity, plan check, and permit fees to the District prior to
issuance of Building Permits.
48.UTILITY PLANS
Provide utility plan and profile sheets during the Building Permit phase.
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 7th day of April, 2026, by the following vote:
Members of the City Council
AYES: Moore, Chao, Fruen, Mohan
NOES: None
ABSENT: Wang
ABSTAIN: None
Resolution No. 26-039
Page 16
SIGNED:
Kitty Moore, Mayor
City of Cupertino
4/15/2026_____________________
Date
ATTEST:
Lauren Sapudar, City Clerk Date
4/15/2026
RESOLUTION NO. 26-040
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A TREE REMOVAL PERMIT FOR THE
REMOVAL AND REPLACEMENT OF 249 DEVELOPMENT TREES
IN COMBINATION WITH AN IN-LIEU OF REPLACEMENT FEE
LOCATED AT 20807, 20813, 20823 & 20883 STEVENS CREEK
BLVD; APNs: 326-32-050, -051, - 052, & - 053
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2024-033
Applicant: Kevin Choy (Harvest Properties)
Property Owner: Blair Volckmann
Location: 20807, 20813, 20823 & 20883 Stevens Creek Blvd; APNs: 326-32-050,
051, -052, and -053
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 March 24, 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 March 24, 2026 the Planning Commission recommended on a 5-0 vote
that the City Council approve the Use Permit (U-2024- 008) in substantially similar form
to the Resolution presented (Resolution No. 2026-11), approve the Architectural and Site
Approval Permit (ASA-2024-011) in substantially similar form to the Resolution
presented (Resolution No. 2026-12), approve the Vesting Tentative Map (TM-2024-006)
in substantially similar form to the Resolution presented (Resolution No. 2026-13), and
approve the Tree Removal Permit (TR-2024-033), in substantially similar form to the
Resolution presented (Resolution No. 2026-14); and
WHEREAS, the Planning Commission motion included a recommendation to City
Council to explore additional benefits or assistance options for retail tenants that will be
Resolution No. 26-040
Page 2
displaced due to this housing development and similar projects. The Planning
Commission requested that the City Council, as a matter of establishing policy, consider
items such as expedited permitting processes, consideration of reduced fees, and other
opportunities for assistance for businesses impacted by seeking relocation; 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
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application
for a Tree Removal Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
a) That the location of the trees restricts the economic enjoyment of the property by
severely limiting the use of property in a manner not typically experienced by
owners of similarly zoned and situated property, and the applicant has
demonstrated to the satisfaction of the approval authority that there are no
reasonable alternatives to preserve the tree(s).
To accommodate for the new development’s structures, walkways and internal street
network to public open spaces, the existing trees cannot be preserved in their locations.
The applicant proposes a combination of replacement trees throughout the site with
payment of an in-lieu of tree replacement fee, 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.
Resolution No. 26-040
Page 3
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled “20807 – 20883 Stevens Creek Blvd.
Cupertino” consisting of 196 sheets labeled as, A0.01– A4.00, C1 – C26, L1.0 –
L10.1, JT-1 to JT-4, PM, and SL-1 to SL-4, drawn by ktgy Architects, Gates +
Associates landscape, cbg Civil Engineers Surveyors, and Radius Joint Trench,
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-2024-006, ASA-2024-011, and
U-2024-008 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 and retain the (6) Callery Pear street
trees along Steven’s Creek Blvd #2, #5, #7, #8, #10, & #233; and protect in place
neighboring trees located off-site along the shared west property line #250-#258.
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 eight (8) 36” box trees or 143 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:
Resolution No. 26-040
Page 4
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 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.
Resolution No. 26-040
Page 5
Tree protection conditions shall be posted on the required tree protection
barriers.
Retained trees shall be watered to maintain them in good health.
A covenant on the property shall be recorded that identifies all the
protected trees, prior to final occupancy.
b. The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits.
c. The City’s consulting arborist, retained at the applicant’s expense, shall inspect
the trees to be retained and the tree protection measures, and shall provide
reviews prior to issuance of demolition, grading or building permits.
d. A report ascertaining the good health of the trees mentioned above shall be
provided by the applicant’s arborist, to be peer reviewed by the City’s
Consulting Arborist, prior to issuance of final occupancy.
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
Resolution No. 26-040
Page 6
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.
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.
Resolution No. 26-040
Page 7
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of April, 2026, by the following vote:
Members of the City Council
AYES: Moore, Chao, Fruen, Mohan
NOES: None
ABSENT: Wang
ABSTAIN: None
SIGNED:
Kitty Moore, Mayor
City of Cupertino
Date
ATTEST:
Lauren Sapudar, City Clerk
4/15/2026_____________________
Date
4/15/ 2026