PC 6-10-2025 Searchable PacketCITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference
Tuesday, June 10, 2025
6:45 PM
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
OPTIONS TO OBSERVE: Members of the public wishing to observe the meeting may do
so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) Watch a live stream online at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
OPTIONS TO PARTICIPATE AND COMMENT: Members of the public wishing to
address the Planning Commission may do so in the following ways:
1) Appear in person at Cupertino Community Hall:
a. During “Oral Communications”, the public may comment on matters not on the
agenda, and for agendized matters, the public may comment during the public comment
period for each agendized item.
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At the overhead projector at the podium or
E-mail the document to planning@cupertino.gov by 3:00 p.m. and staff will
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advance the slides/share the documents during your oral comment.
2) E-mail comments to the Planning Commission at planningcommission@cupertino.org as
follows:
a. E-mail comments must be received by 5:00 p.m. on the day of the meeting in order to
be forwarded to the commissioners before the meeting.
b. Emailed comments received following agenda publication but prior to, or during, the
meeting, will be posted to the City’s website after the meeting.
3) Teleconference in one of the following ways:
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in advance by clicking on the link below to access the meeting:
https://cityofcupertino.zoom.us/webinar/register/WN_ZIr1tMkRTtSWI5v4WGSDfg
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joining the webinar.
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recognized, speakers must click ‘unmute’ when prompted to speak.
Please read the following instructions about technical compatibility carefully:
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b. By Phone (Audio only): No registration is required in advance and speakers may join
the meeting as follows:
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Meeting ID: 874 9247 0140
ii. SIP: 87492470140@zoomcrc.com
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approval of the May 27, 2025 Planning Commission Minutes
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Recommended Action: Approve the May 27, 2025 Planning Commission Minutes
1 - Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
2.Subject: Consider a Development Permit, Use Permit, Tentative Map, Architectural and
Site Approval, and Tree Removal Permit to consider the construction of a 59-unit
townhome condominium development. The project utilizes Senate Bill 330 and
provisions of State Density Bonus law. (Application No(s): DP-2024-002, U-2024-007,
TM-2024-001, ASA-2024-005, TR-2024-024; Applicant(s): SummerHill Homes, LLC;
Location: 20770, 20830, and 20840 Stevens Creek Blvd; APNs: 359-08-025, -026, -027,
and-028 (partial).
Recommended Action: That the Planning Commission adopt the draft resolutions
recommending that the City Council:
1. Find the project exempt from the California Environmental Quality Act (CEQA)
2. Make the required findings of No Net Loss (SB 166) and
3. Approve the following permits:
a. Development Permit (DP-2024-002) (Attachment 1);
b. Use Permit (U-2024-007) (Attachment 2);
c. Architectural & Site Approval Permit (ASA-2024-005) (Attachment 3);
d. Tentative Final Map (TM-2024-001) (Attachment 4); and
e. Tree Removal Permit (TR-2024-024) (Attachment 5).
Staff Report
1 - PC Resolution for DP-2024-002
2 - PC Resolution for U-2024-007
3 - PC Resolution for ASA-2024-005
4 - PC Resolution for TM-2024-001
5 - PC Resolution for TR-2024-024
6 - Applicable Standards Matrix
7 – Categorical Exemption Memorandum
8 - Comments Received
9 - Project Site Plan
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Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the
Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans
will also be made available digitally during the hearing to consider the proposal.
OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the
Commission and for Commissioners to report on any Commission related activities they have taken part
in since the prior regularly scheduled meeting.
FUTURE AGENDA SETTING
This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future
agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be
brief and without discussion by the Commission.
ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request in advance by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, Cupertino, California 95014 during normal business hours and in
Planning packet archives linked from the agenda/minutes page on the City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
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2.08.100, written communications sent to the City Council, Commissioners or staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
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CITY OF CUPERTINO
Agenda Item
25-14046 Agenda Date: 6/10/2025
Agenda #: 1.
Subject: Approval of the May 27, 2025 Planning Commission Minutes
Approve the May 27, 2025 Planning Commission Minutes
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DRAFT MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, May 27, 2025
At 6:45 p.m. Chair Santosh Rao called the Regular Planning Commission meeting to order and
led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre
Avenue and via teleconference.
ROLL CALL
Present: Chair Santosh Rao, Vice Chair Tracy Kosolcharoen, and Commissioners David Fung,
Steven Scharf and Seema Lindskog. Absent: None.
APPROVAL OF MINUTES
1.Subject: Approval of the May 13, 2025 Planning Commission Minutes
Recommended Action: Approve the May 13, 2025 Planning Commission
Minutes
MOTION: Lindskog moved and Scharf seconded to approve the May 13,
2025 Planning Commission Minutes. The motion passed with the following
vote: Ayes: Rao, Kosolcharoen, Fung, Scharf, Lindskog. Noes: None.
Abstain: None. Absent: None.
POSTPONEMENTS – None
ORAL COMMUNICATIONS
Haziq spoke about animal abuse and the necessity of thorough and accurate background
checks for pet adoptions.
David spoke about concerns related to the Evulich Court and Vista Heights
developments.
Lisa thanked David (the previous speaker) for his comments about Evulich Court and the
Vista Heights projects and stated her own concerns..
CONSENT CALENDAR- None
PUBLIC HEARINGS –
2.Subject: R-1 Exception to allow a detached garage to be attached to the primary
dwelling unit, creating a reduced side yard setback for a portion of the principal
dwelling unit. (Application No(s).: EXC-2025-002; Applicant(s): Zhen Chen and Meng
Wu; Location: 890 Brent Drive.; APN(s): 369 24 027)
Recommended Action: That the Planning Commission find the project exempt from
CEQA and approve EXC-2025-002 based on the draft resolution.7
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Chair Rao opened the floor to ex parte disclosures.
Commissioner Scharf and Chair Rao shared ex parte disclosures.
Planning Manager Ghosh introduced Associate Planner Mora.
Assistant Planner Mora gave a presentation.
Commissioners asked staff questions, which staff responded to.
The applicant, Meng Wu, gave a presentation.
Chair Rao opened the public comment period and the following people spoke:
•Lisa Warren
Chair Rao closed the public comment period.
Commissioners made comments and asked staff questions, which staff responded to.
MOTION: Rao moved and Fung and Lindskog seconded to approve the staff
recommendation. The motion carried with the following vote: Ayes: Rao, Kosolcharoen,
Fung, Scharf, Lindskog. Noes: None. Abstain: None. Absent: None.
OLD BUSINESS – None
NEW BUSINESS – None.
STAFF AND COMMISSION REPORTS
Planning Manager Ghosh reported that a new webpage has been launched in the Major
Projects section of the Planning webpage for a townhome development application received
for a Priority Housing Element site on Homestead Road and another webpage for the state
mandated update to the Health and Safety Element.
FUTURE AGENDA SETTING – None.
ADJOURNMENT
At 7:18 PM Chair Rao adjourned the Regular Planning Commission Meeting.
Minutes prepared by: 8
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Lindsay Nelson, Administrative Assistant
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CITY OF CUPERTINO
Agenda Item
25-14055 Agenda Date: 6/10/2025
Agenda #: 2.
Subject: Consider a Development Permit, Use Permit, Tentative Map, Architectural and Site
Approval, and Tree Removal Permit to consider the construction of a 59-unit townhome
condominium development. The project utilizes Senate Bill 330 and provisions of State Density
Bonus law. (Application No(s): DP-2024-002, U-2024-007, TM-2024-001, ASA-2024-005, TR-2024-024;
Applicant(s): SummerHill Homes, LLC; Location: 20770, 20830, and 20840 Stevens Creek Blvd; APNs:
359-08-025, -026, -027, and-028 (partial).
That the Planning Commission adopt the draft resolutions recommending that the City Council:
1. Find the project exempt from the California Environmental Quality Act (CEQA)
2. Make the required findings of No Net Loss (SB 166) and
3. Approve the following permits:
a. Development Permit (DP-2024-002) (Attachment 1);
b. Use Permit (U-2024-007) (Attachment 2);
c. Architectural & Site Approval Permit (ASA-2024-005) (Attachment 3);
d. Tentative Final Map (TM-2024-001) (Attachment 4); and
e. Tree Removal Permit (TR-2024-024) (Attachment 5).
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PLANNING COMMISSION STAFF REPORT
Meeting: June 10, 2025
Subject
Consider a Development Permit, Use Permit, Tentative Map, Architectural and Site
Approval, and Tree Removal Permit to consider the construction of a 59-unit townhome
condominium development. The project utilizes Senate Bill 330 and provisions of State
Density Bonus law. (Application No(s): DP-2024-002, U-2024-007, TM-2024-001, ASA-
2024-005, TR-2024-024; Applicant(s): SummerHill Homes, LLC; Location: 20770, 20830,
and 20840 Stevens Creek Blvd; APNs: 359-08-025, -026, -027, and-028 (partial).
Recommended Actions
Staff recommends that the Planning Commission adopt the draft resolutions
recommending that the City Council:
1. Find the project exempt from the California Environmental Quality Act (CEQA)
2. Make the required findings of No Net Loss (SB 166) and
3. Approve the following permits:
a. Development Permit (DP-2024-002) (Attachment 1);
b. Use Permit (U-2024-007) (Attachment 2);
c. Architectural & Site Approval Permit (ASA-2024-005) (Attachment 3);
d. Tentative Final Map (TM-2024-001) (Attachment 4); and
e. Tree Removal Permit (TR-2024-024) (Attachment 5).
Discussion
Project Data
General Plan Land Use
Designation
Commercial / Office / Residential at a maximum
residential density of 25 du/acre*
Special Planning Area Heart of the City Specific Plan (Crossroads subarea)
Zoning Designation P(CG, Res)
Lot Area 2.97 acres (gross), 2.90 acres (net)
Allowed/Required Proposed
Maximum Density Up to 25 units per acre* 20.34 units per acre
Height of Structures Up to 45 feet measured
from sidewalk to top
45’8” and 45’-10” (for two
buildings)
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1 The applicable General Plan can be found online at
https://records.cupertino.org/WebLink/DocView.aspx?id=1019620&dbid=0&repo=CityofCupertino&_gl=1
*gufghv*_ga*OTc5OTgwMjc4LjE3NDQ3Mzc0NDM.*_ga_NCY1KGMD5Y*czE3NDkwMDIwNzAkbzY2J
GcxJHQxNzQ5MDAyMDgwJGo1MCRsMCRoMA..
2 The applicable version of the Heart of the City Specific Plan can be found online at
https://www.cupertino.gov/files/assets/city/v/1/departments/documents/community-
development/planning/land-use-plans/heart-of-the-city-specific.pdf
of cornice, parapet, or eave
line of a peaked roof.
(Waiver Requested)
Setbacks
Front 35 feet from edge of curb 26 feet from edge of curb
(Waiver Requested)
Sides One-half height of building
(18’-7 ½”)
15 feet
(Waiver Requested)
Rear One and one-half height of
building (59’-1½”)
32’-5”
(Waiver Requested)
Parking 2 spaces per unit*
(118 spaces) 129 spaces
Usable Open Space
Common 150 square feet per unit
(8,850 square feet) 13,977 square feet
Private 60 square feet per unit and no
dimension less than 6 feet
Minimum of 60 square feet
per unit.
(Waiver requested for
reduced dimensions)
Project Consistency with:
General Plan 1 Consistent under SB330 and state density bonus law.
Density bonus concession for mixed-use requirement
requested
Specific Plan 2 Consistent under state density bonus law. Density
bonus waivers requested for height, setbacks, and retail
requirements
Zoning Consistent under SB330 and state density bonus law.
Density bonus waivers requested for lot coverage,
parking design, and park land dedication requirements
* Since the project utilizes the provisions of SB330 (as discussed later in the report) the
development standards, regulations and fees applicable at the time of submittal of a SB330
preliminary application apply. While the site is a Housing Element site (Priority Housing
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Background
On July 22, 2024, the City received an application to redevelop a property located at
20770, 20830, and 20840 Stevens Creek Boulevard3. The project site is located within the
Crossroads subarea of the Heart of the City (“HOC”) Specific Plan Area.
The 2.90 net-acre property is
bounded by Stevens Creek
Boulevard to the north, South
Stelling Road to the west, and
South De Anza Boulevard to
the east. The site abuts single-
family residences along
Scofield Drive to the south,
Union Church of Cupertino
to the west, and the Crossroads shopping center to the east. (See Figure 1)
Three commercial buildings are currently located onsite, including an operating office
supply store (Staples) and two vacant buildings that were previously used as restaurant
facilities (Pizza Hut and Fontana’s). The project site was designated as a Priority Housing
Site through the City’s 2024 Housing Element update in May 2024, but, at the time of the
SB330 preliminary application submittal, was not a designated Priority Housing Site.4
Due to the requirements of State law, the project site is subject to the development
standards of the General Plan, Heart of the City Specific Plan, and Planned Development
“P” zoning designation, as they were in January of 2024. The “P” zoning designation is
detailed in Cupertino Municipal Code Chapter 19.80 Planned Development Zones. The
“P” zoning designation is intended to provide a means of guiding land development or
redevelopment within the city that is uniquely suited for planned coordination of land
uses and land development. Where residential development is proposed on properties
in the Planned Development zoning district, and where the Specific Plan is silent,
development must adhere to Multifamily (R3) zoning regulations. Generally, the
3 The current property owners completed a lot line adjustment to APN: 359 08 028 through the approval
of Lot Line Adjustment application PW-2025-0084 in February 2025 resulting in the project site.
4 Housing Element available online at: www.cupertino.gov/gp. See Table B4-9 in Appendix B.
Element site no. 40-43) in the 6th Cycle Housing Element, and has a minimum density of 50
du/ac and a maximum density of 65 du/ac, under SB330 the applicable residential is 25 du/ac.
The current parking standard for a townhome development is 1 space per unit, but the
applicable standard in this case is 2 spaces per unit.
Figure 1: Site Location
S
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e
A
n
z
a
B
l
v
d
S
S
t
e
l
l
i
n
g
R
o
a
d
Stevens Creek Blvd
The Crossroads Union
Church
Scofield Drive
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proposed project consists of 59 townhome-styled condominiums. Review of the project
is limited by several State laws including the Housing Accountability Act, the Housing
Crisis Act and Density Bonus Law.
Housing Accountability Act
The Housing Accountability Act (HAA), codified in Government Code § 65589.5,
prohibits cities from disapproving, or adding conditions of approval that would render
infeasible a housing development project unless the proposal is found to be in violation
of an objective general plan or zoning standard5 or the project will result in a specific
adverse impact to public health and safety. While changes to the project may be applied
by the decision-making, or hearing, body to further applicable City goals, policies, and
strategies – any changes required by the decision-making, or hearing, body that are not
based on objective standards may not result in making the project, as proposed, infeasible
or reduce the number of housing units.
As this project consists exclusively of residential units, it is considered “housing
development project” under the HAA.
Housing Crisis Act (a.k.a. “SB 330” or “HCA”)
Adopted in 2019 under Senate Bill 330, and amended in 2021 by Senate Bill 8, the HCA
broadly aims to address actions that would decrease or delay the approval and
development of new housing by requiring the timely processing of permits. Among
many components, the law includes a provision to allow applicants to vest ("lock-in")
fees, and ordinances, policies, and standards that are in effect at the time of submittal of
an SB330 preliminary application to the City. Only the limited information specified in
State law is required for the submittal of an SB330 preliminary application. Further, the
law prohibits the City from conducting more than five hearings in connection with the
approval of a housing development project.
This project is governed by an SB330 preliminary application submitted on January 29,
2024 and, in accordance with the requirements of the HCA, the project was reviewed
under the requirements in effect at that time. A complete list of the standards included in
the review is provided as Attachment 6. As noted previously, the project site is partially
located on a Priority Housing Site; however, the project is not subject to the newly
adopted standards (including increased density requirements) and Housing Element
updates as the SB330 preliminary application for the project was submitted prior to the
Housing Element being adopted in May 2024, four months after the preliminary
application was received by the City.
5 Unless otherwise waived or reduced through use of the Density Bonus law, discussed further below.
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Density Bonus Law
California’s Density Bonus Law (DBL), codified in California Government Code § 65915-
65918, aims to promote and facilitate the creation of affordable units in new housing
projects by allowing:
• A density "bonus" that allows for an increase to a property’s base density6;
• Unlimited waivers to development standards that would physically preclude the
construction of the project as designed 7;
• Concessions that modify development standards in order to achieve an
identifiable and actual cost reduction 8; and
• Reduced parking standards 9.
It is important to note that, while qualifying projects can increase their density, an
applicant may elect to only utilize the available waivers, concessions, or the reduced
parking standards, without requesting a density bonus, as is the case with the subject
project.
The project includes a request for 11 waivers and two concessions from applicable
standards of the General Plan and Zoning Code. These requests are discussed later in this
report.
Project Proposal
The project applicant, SummerHill Homes, LLC, is proposing a 59-unit townhome
condominium development. The project consists of eight buildings, ranging from three
to four stories in height, with units ranging in size from 1,799 square feet to 2,723 square
feet. As required by the City’s Below Market Rate (BMR) Housing Program, twelve of the
units will be allocated as affordable housing units for sale to median- and moderate-
6 I.e., more market rate units than allowed by the density, as determined by the specific percentage and
level of affordability of the affordable units included in a project.
7 I.e., modifications or elimination of any development standard
8 Specified number of incentives as identified in state law based on the level of affordability and
percentage of affordable units
9 Parking standards identified in state law by project type, proximity of transit facilities, affordability level
of the development (or affordable units) and/or number of bedrooms
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income households. The
project also includes the
removal and replacement of
45 protected development
trees (see Figure 2 for Site
Plan 10). Based on the scope of
work, the City has required
the following permits:
Development Permit, Use
Permit, Architectural and Site
Approval, Tree Removal, and
a Vesting Tentative Map.
Based on State Density Bonus
Law, the applicant is
requesting density bonus
waivers, as described later in
this report.
Architecture and Site Design
The applicant has proposed a “Contemporary Spanish” style development with stucco
exteriors and trim, concrete tile roofing, and metal accents. The design also incorporates
trellis elements on the rear elevations. The landscape design incorporates trees and
decorative planting throughout the site, as well as common outdoor spaces with
recreational features including seating, tables, and a grill. The project also includes a
public art installation in the form of a small plaza along the Stevens Creek Boulevard
frontage, adjacent to the neighboring Crossroads commercial development.
Analysis
General Plan Compliance
The proposed project consists of a residential development consistent with the subject
site’s General Plan Land Use Designation of Commercial/Office/Residential.11 The
10 Due to limitations of Government Code § 65103.5, the distribution of copyrighted material associated
with the review of development projects is limited. Plans have been emailed under separate cover to allow
the Commissioners to review the proposed plans. Commissioners and Councilmembers cannot share plans
with outside parties, including community members. The public is able to make an appointment with the
Planning Division to view these plans at City Hall.
11 While the General Plan requires the development of the property using the Commercial Centers and
Mixed-use Village concept, when a residential development is proposed, state law, under SB330 prohibits
Figure 2: Site Plan
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General Plan designation allows a maximum density of 25 dwelling units per acre, which
would allow 72.5 units for the 2.90-acre site. The project proposes 59 units, as permitted
by the General Plan density.
The City’s General Plan Land Use Element Strategies LU-1.3.1 (1) and LU-15.1.1 require
all mixed-use areas with commercial zoning to provide retail as a substantial component
of a project and Land Use Element Strategy LU-1.3.1 (4) requires a Conditional Use Permit
to be acquired when housing is proposed on non-Housing Element mixed-use sites 12. The
project applicant is requesting use of a Density Bonus concession to waive the
requirement for retail to be a substantial component of a project in this zoning category.
The concession request is discussed in further detail in the Density Bonus Section of this
Staff Report. A Conditional Use Permit has been included in this review to address the
requirements of LU-1.3.1 (4).
Staff has evaluated the project’s consistency with the General Plan and concludes that
based on the conformance with the General Plan Land Use designation for the site, the
general alignment of design with General Plan requirements, and the absence of
environmental impacts as analyzed in the Notice of Exemption memo (see
Environmental Review section of this Staff Report), the proposed project supports several
of the City’s General Plan goals, as outlined below. A complete list of the standards
included in staff’s review is provided in Attachment 6.
• Policy LU-2.2: Pedestrian-Oriented Public Spaces. Require developments to
incorporate pedestrian-scaled elements along the street and within the
development such as parks, plazas, active uses along the street, active uses,
entries, outdoor dining & public art.
• Policy LU-3.3: Building Design. Ensure that building layouts and design are
compatible with the surrounding environment and enhance the streetscape and
pedestrian activity.
• Strategy LU-3.3.10: Entrances. In multi-family projects where residential uses may
front on streets, require pedestrian-scaled elements such as entries, stoops and
porches along the street.
the City from applying any non-objective standards. The General Plan language describing the Mixed-use
Village concept is subjective and therefore, cannot be applied to the project. In addition, since this project
utilizes the provision of Density Bonus, the developer would have the option to invoke unlimited waivers
to propose the 100% residential project, as designed.
12 While a portion of the project site is designated as a Priority Housing Site by the City’s Housing Element
update of 2024, the project’s SB330 preliminary application was received on January 29, 2024 and the project
is therefore vested and subject to the requirements in place in January of 2024.
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• Policy LU-27.2: Relationship to the Street. Ensure that new development in and
adjacent to neighborhoods improve the walkability of neighborhoods by
providing inviting entries, stoops and porches along the street frontage,
compatible building design and reducing visual impacts of garages.
• Policy INF 2.4.2 Development. Require undergrounding of all utility lines in new
developments and highly encourage undergrounding in remodels or
redevelopment of major projects.
• Strategy HE-2.3.7: Density Bonus Ordinance. The City will encourage use of
density bonuses and incentives, as applicable, for housing developments which
include:
o At least 10 percent of the housing units in a for-sale common interest
development are restricted to moderate income residents.
Specific Plan Compliance
The site is located in the Heart of the City Special Area – Crossroads Subarea. The City’s
HOC Specific Plan establishes heights, setbacks, and other development requirements for
projects on sites within this area. The proposal includes several density bonus waivers
for height, setbacks, and commercial space requirements from the HOC standards, which
are discussed in further detail in the density bonus section of the staff report.
The project has incorporated open space and other site design requirements, which, per
staff’s review, are consistent with the remaining applicable requirements of the HOC
Specific Plan (see Attachment 6).
Tree Removal and Replacement
The proposal includes the removal and replacement of 45 protected development trees
within the construction footprint and the removal and replacement of 9 trees within the
required right-of-way landscape strips. Trees within the construction footprint include
two African Fern-Pine Trees, 15 Silver Dollar Gum Trees, 19 Crape Myrtle Trees, one
London Plane Tree, 8 Callery Ornamental Pear Trees, and two Chinese Tallow Trees. All
impacted trees are non-native species.
An arborist report was prepared for the applicant by HortScience Bartlett Consulting and
was peer reviewed by the City’s third-party consultant, West Coast Arborists. The report
and peer review concluded that 45 of the trees proposed for removal would be within the
construction footprint and could, therefore, not be preserved or otherwise adequately
and feasibly protected during construction. The other nine trees proposed for removal
are non-compliant street trees that will be removed and replaced with a species consistent
with the requirements of the Heart of the City Specific Plan.
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The City’s requirements for tree replacement, consistent with Cupertino Municipal Code
Section 14.18.160 (A), are as follows:
Diameter of Trunk
of Removed Tree
# of Trees Proposed
for Removal
Replacement Tree
Size Required
Replacement Trees
Required
12 inches or less 32 One 24" box tree 32 (24” box trees)
Greater than 12
inches and up to
24 inches
13 Two 24" box trees or
One 36" box tree
26 (24” box trees)
or
13 (36” box trees)
Total: 58 (24” box trees) or 45 (24” and 36” box tree mix)
The applicant proposes to replace the 45 trees with 71 trees, varying in size between 24-
inch box and 36-inch box trees and of various species. All trees on-site will be considered
protected, and a condition of approval has been included to require that an agreement be
executed to ensure the ongoing preservation, maintenance, and protection of the new
trees by future property owners.
Vesting Tentative Map
The application for the Vesting Tentative Map (VTM) proposes to subdivide the existing
lot to create a condominium subdivision. The approval of a vesting tentative map confers
a vested right to proceed with development in substantial compliance with the city's
ordinances, policies, and standards in effect at the date the city determines the application
is complete.
Use Permit
The project proposal requires a Use Permit to allow the development of residential units
on a non-Housing Element site.13 Under the regulations in effect at the time of submittal
of the SB330 Preliminary Application, the General Plan and Cupertino Municipal Code
Chapter 19.80: Planned Development (P) Zones required that a residential development
proposed on a site that is not a Priority Housing Site be a conditional use. The applicant
proposes to build exclusively residential units and is, therefore, required to obtain
Conditional Use Permit approval.
Public Art
In accordance with Cupertino Municipal Code Chapter 19.148, the project incorporates a
proposed public art plaza in the northeastern corner of the property. While details have
not been included in this permit application, staff will review the public art proposal
13 While this is not a current requirement, since this was a requirement at the time of submittal of the
applicant’s SB330 Preliminary Application, a Use Permit is required. None of the sites was identified as a
Priority Housing Element in the 5th Cycle Housing Element.
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when an application for public artwork is received. Once submitted, the application will
be presented to the Arts and Culture Commission for review and approval. The applicant
is required to submit an application for the artwork prior to certificates of occupancy
being granted for any of the units and must install the public art prior to certificates of
occupancy being issued on more than 50% of the units. A condition of approval has been
included to require the maintenance of any public artwork incorporated into the project.
Any proposal to change the approved artwork, or removal thereof in the future, would
require additional public review and approval by the Arts and Culture Commission.
Park Land Dedication
Under Cupertino Municipal Code Section 13.08.050 (A) developments of more than 50
units must provide park land on site and/or pay an in-lieu fee for the required park land
dedication. The project would be required to provide approximately 0.32 acres of park
area or an in-lieu of dedication fee, based on Municipal Code Chapter 13.08 requirements.
Based on the property size, project size, the provision of a small private open space area
on site, and the location of the property within a quarter mile of existing park facilities14,
staff is recommending the payment of an in-lieu fee rather than requiring a dedication of
onsite park land. In line with staff’s recommendation, the applicant has requested to pay
an in-lieu fee instead of providing park land. Thus, the project is conditioned to pay a
parkland in-lieu fee of $2,538,000 for the 47 market rate units.15 As this request is
consistent with staff’s recommendation and conditions of approval, a waiver of the park
land requirement is not required. However, per the City’s BMR Program, the in-lieu of
park land dedication fees for the BMR units are waived.
Density Bonus
The project includes 12 below-market rate units or 20.3% of the total number of units
proposed. As required by the City’s BMR Housing Program, six of the units will be
allocated as affordable housing units for sale to median-income households (100-120% of
Area Median Income) and the other six will be allocated as affordable for sale to
moderate-income households (80-100% of Area Median Income). A condition of approval
has been included to require that, prior to occupancy, the applicant record a regulatory
agreement with the City requiring the designated six BMR units to be for- sale to median
income households and remain affordable for 99 years, with the six BMR rental units be
for sale to moderate income households and remain affordable for 99 years.
14 Faria Sports Field is located 0.2 miles to the southwest and Memorial Park is located 0.3 miles to the
west of the project site.
15 Due to the SB330 nature of the project, the Park Fees payable are those in effect as of January 2024.
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Density Bonus and Waiver Requests
The project is eligible for Density Bonus waivers and concessions consistent with the City
of Cupertino Municipal Code Chapter (CMC) 19.56 Density Bonus and State Density
Bonus Law. The project includes 10 waivers and two concessions.
Section 19.56.070 of the City’s Density Bonus Ordinance (“Findings") requires that, before
approving an application which includes a request for a density bonus, waivers, or
reduction in parking standards, the decision-making body must determine that the
proposal is consistent with State Density Bonus Law by making the following findings 16,
as applicable:
1. That the housing development is eligible for the density bonus requested and any
incentives or concessions, waivers or reductions in parking standards requested.
2. That the development standard(s) for which the waiver(s) are requested would
have the effect of physically precluding the construction of the housing
development with the density bonus and incentives or concessions permitted, if a
waiver is not requested.
The City may not deny a waiver of a development standard that would physically
preclude the construction of the project as it is designed, unless the waiver or reduction
would have a specific, adverse impact upon health or safety, for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact, or would have an
adverse impact on any real property that is listed in the California Register of Historical
Resources.
Waivers Requested
As a density bonus project, the applicant may submit to the City proposals for an
unlimited number of waivers, or reduction of development standards, that would have
the effect of physically precluding the construction of the project as proposed/designed
(Government Code Section 65915(e)). It should be noted that under State Density Bonus
Law, a city may not deny a proposed project based on the theory that another project,
with a similar number of units, might be designed differently and accommodated
without waivers of development standards.
The project requires 10 waivers as follows:
1. 45-Foot Height Limitation (HOC Specific Plan Section 1.01.030)
The HOC Specific Plan requires that developments have a maximum height of 45
feet, as measured from the sidewalk to the top of a building’s cornice, parapet, or
16 Government Code Section 65915 (d)(4): The city, county, or city and county shall bear the burden of
proof for the denial of a requested concession or incentive.
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eave line of a peaked roof. The applicant has requested a waiver to increase the
height allowed for two buildings as follows:
• Building 5 maximum height 45-feet, 8-inches
• Building 6 maximum height 45-feet, 10-inches
The other six buildings proposed meet the height requirement of the HOC Specific
Plan. Imposing the 45-foot height restriction would result in changing the height
and design of the buildings, including the potential removal of private open space
in the form of rooftop decks, which is not consistent with the project as proposed.
2. 35-Foot Front and 9-foot Landscape Easement Setback (HOC Specific Plan Section
1.01.030)
The HOC Specific Plan requires that development have a minimum front setback
of 35 feet measured from the edge of curb with a 9-foot setback from the required
Boulevard Landscape Easement. The applicant has requested a waiver to allow
the following reductions in front setbacks:
Setback from Curb Setback from Landscape Easement
Building Required Proposed Required Proposed
2 35’ 26’ 9’ 0’
3 35’ 26’ 9’ 0’
1 35’ 32’ 9’ 6’
This waiver would not result in the reduction to any landscape strips or sidewalk
areas as required by the HOC Specific Plan.
Imposing these front setback requirements would result in the elimination of
units, reduced floor areas of units, or a substantial change to the design of the
buildings, which is not consistent with the project as proposed by the applicant.
3. Side Setbacks (HOC Specific Plan Section 1.01.030)
The HOC Specific Plan requires that development have a minimum side setback
of one-half of the height of the building or ten feet, whichever is greater. It also
allows for the encroachment of uninhabitable building elements, such as chimneys
and eaves, up to three feet into the required setback areas. The following table
indicates the required setback and the proposed waiver for the four buildings for
which waivers are requested:
Building Height Required Side Setback Proposed Side Setback
1 36’-11” 18’-5 ½” West side: 15’; South side: 16’
4 36’-11” 18’-5 ½” East side: 15’
7 37’-3” 18’-7 ½” East side: 16’-2”
8 37’-3” 18’-7 ½” West side: 15’
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Imposing the side setback requirements would result in the elimination of units,
reduced floor areas of units, or a substantial change to the design of the buildings,
which is not consistent with the project as proposed by the applicant.
4. Rear Setback (HOC Specific Plan Section 1.01.030)
The HOC Specific Plan requires that development have a minimum rear setback
of one and one half of the height of the building or 20 feet, whichever is greater. It
also allows for the encroachment of uninhabitable building elements, such as
chimneys and eaves, up to three feet into the required setback areas. The following
table indicates the required setback and the proposed waiver for the two buildings
for which waivers are requested:
Building Height Required Rear Setback Proposed Rear Setback
7 37’-3” 55’-11” 32’-5”
8 37’-3” 55’-11” 37’-5”
The applicant states that imposing the rear setback requirement would result in
the elimination of units, reduced floor areas of units, or a substantial change to the
design of the buildings, which is not consistent with the project as proposed by the
applicant.
5. Service Access (HOC Specific Plan Section 1.01.040)
The HOC Specific Plan requires that access for on-site services, such as trash and
recycling pick-up, be routed from rear parking areas to ensure unsightly structures
and services are located with rear “alley” access and for ease of servicing the entire
block, rather than having to enter and exit on to the main street to service each
project separately. However, the project proposal includes a trash pick-up route
that takes access from the front of the property. The applicant has requested a
waiver from the requirement for service access to be taken from the rear of the site
as the applicant claims that doing so would require routing of services through the
neighboring property or require additional area be dedicated to on-site circulation.
Recology, the City’s trash and recycling service provider, has reviewed and
approved the proposed service access taken from the front of the property.
Imposing the service access requirement could potentially result in the elimination
of units, reduced floor areas of units, or a substantial change to the design of the
buildings, which is not consistent with the project as proposed by the applicant.
6. Private Outdoor Space Clearance (HOC Specific Plan Section 1.01.040)
The HOC Specific Plan requires that at least 60 square feet of private outdoor space
be provided for each unit. It also requires that no single dimension of the outdoor
space be less than six feet. While the proposal includes at least 60 square feet of
private outdoor space for each unit, the applicant has requested a waiver to allow
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for a reduction in the minimum dimensions required from six feet (6’) to four feet
six-inches (4’6”).
The applicant states that it is not physically possible to comply with the Private
Outdoor Space requirement without eliminating units or reducing the floor area
of units, which is not consistent with the project as proposed by the applicant.
7. Building Forms (HOC Specific Plan Section 1.01.040)
The HOC Specific Plan requires that buildings adjacent to residentially developed
parcels be stepped back, or terraced, or have adequate setbacks so that privacy is
maintained. It also requires that buildings requiring terracing shall have a 1.5:1
setback to height ratio. The proposal includes two buildings (Buildings 7 and 8)
located adjacent to residentially developed parcels to the south. While the project
has been designed to address potential privacy concerns through building
orientation and landscape screening, it does not meet the HOC Specific Plan’s
required rear setback and is therefore not consistent with this requirement. The
applicant has requested a waiver to allow for a reduced rear setback and waiver
of requirements for step backs for Buildings 7 and 8.
The applicant states that imposing the building form requirement would result in
the elimination of units, reduced floor areas of units, or a substantial change to the
design of the buildings, which is not consistent with the project proposed by the
applicant.
8. Maximum Lot Coverage (CMC Section 19.36.070 (A))
The Municipal Code requires that development subject to the requirements of the
R3 zoning district have a maximum lot coverage of 40% of the net lot area. The
proposed project has a net lot area of 2.90 acres or 126,425 square feet and would
be allowed a maximum lot coverage of 50,570 square feet under Section 19.36.070
(A). The applicant has requested a waiver to increase the lot coverage allowed for
the project to accommodate a total lot coverage of 54,262 square feet, or 43% of the
net lot area.
Imposing the 40% lot coverage restriction would result in changing the height and
design of the buildings, including the potential reduction in the size and number
of units which is not consistent with the project as proposed by the applicant.
9. Minimum Parking Space Size (CMC Section 19.124.040 (A))
The Municipal Code requires that parking spaces in multiple-family
developments have a minimum parking space size of 10 feet by 20 feet. The
applicant has requested a waiver to modify this requirement to reduce the
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minimum parking space size to 9 feet, 10 inches by 18 feet for spaces provided in
Unit style 1 for 21 units.
Imposing the parking space requirement would result in changing the size and
design of the buildings, including the potential increase in the project lot coverage,
reduction in open space, or potentially the number of units which is not consistent
with the project as proposed by the applicant.
10. Parking Planter Strip (CMC Section 19.124.040 (N))
The Municipal Code requires that parking areas provide a landscape planter strip
that is at least five feet wide by the length of the parking space. The proposed
project has two parking areas along the private streets. Each has landscaped areas
adjacent to it, but the larger parking area in the eastern corner of the property does
not have a five-foot-wide landscape planter strip as required by this section. The
parking spaces are instead lined by a pedestrian pathway, as required by other
portions of the Municipal Code and the General Plan. The applicant has requested
to waive the requirement for a planter strip at this location.
Imposing the requirement for a five-foot-wide planter strip would result in
changing the design of the buildings, including the potential reduction in the size
and number of units which is not consistent with the project as proposed by the
applicant.
Concessions Requested
As a density bonus project with at least 20% of units reserved for sale to moderate-income
households 17, the applicant may submit to the City requests for up to two concessions.
Concessions allow an applicant to deviate from development regulations when such
regulations have the potential to make the project economically infeasible to build. The
applicant has requested two concessions as follows:
1. General Plan Land Use Element Strategies LU-1.3.1 (1) and LU-15.1.1
Land Use Element Strategy LU-1.3.1 (1) states that “all mixed-use areas with
commercial zoning will require retail as a substantial component.” Strategy LU-
15.1.1 states that “[g]round floor uses shall have active retail uses with
storefronts.” As the project site is located in the HOC Crossroads Subarea, in a
mixed-use zoning district with commercial zoning (i.e. P(CG, Res), it is required
to provide retail as a substantial component of the project. Therefore, to
17 The project proposes a mix of moderate- and median-income units, has required by the City’s BMR
standards. State law does not specify allowances for median-income units, however, median-income
units have a higher income restriction than moderate-income units and are therefore counted towards the
moderate-income unit total for the purposes of concession allowances.
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accommodate the 100% residential development, as proposed, the applicant is
requesting that this standard be waived through the use of a Density Bonus
concession. The applicant noted that “[a]fter consulting with commercial owners
who are familiar with the local Cupertino market, SummerHill has determined
that dedicated retail, office or other commercial space on the project site as part of
the project would not be able to generate revenue sufficient to cover the cost of
land and construction. Therefore, development of dedicated retail, office or other
commercial space would incur a financial loss for the project, and eliminating the
dedicated retail, office or other commercial space would result in identifiable and
actual cost reductions to provide for affordable housing costs.”
2. HOC Specific Plan Section 1.01.020 (A) and (B)
Section 1.01.020 (B) of the HOC Specific Plan requires that the amount of building
space devoted to retail/commercial uses shall have a viable and substantial retail
component and Section 1.01.020 (A) requires that “uses that do not involve the
direct retailing of goods or services to the general public shall be limited to occupy
no more than 25% of the total building frontage along Stevens Creek Boulevard
and/or 50% of the rear of the building.” The project, as proposed, is entirely
residential and would therefore not conform to these requirements. Parallelling
Land Use Element Strategy LU-1.3.1 (1), these standards generally require that
retail or commercial uses be provided on site. The applicant is requesting that this
standard be waived through the use of a Density Bonus concession for the reasons
outlined in the concession request above.
Compliance with BMR Unit Comparability & Dispersion Requirements
The BMR Manual requires that the BMR Units:
Shall be comparable to market rate units in terms of unit type, number of bedrooms
per unit, quality of exterior appearance and overall quality of construction.
Size should be generally representative of the unit sizes within the market-rate
portion of residential project.
Interior features and finishes in affordable units shall be durable, of good quality
and consistent with contemporary standards for new housing.
The following table demonstrates the proposed unit mix within the eight buildings by
income level, type, and size:
Number of Units Number of Bedrooms Average Unit Size
BMR Units 12 4 2,166 square feet
Market-Rate Units 15 3 1,799 square feet
32 4 2,588 square feet
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The proposed market-rate units have a mix of three- and four-bedroom units and the
proposed BMR units are all four-bedroom units. The market-rate units have an average
unit size of 2,336 square feet per unit while the BMR units have an average unit size of
2,166 square feet per unit, an approximately seven percent difference in the average unit
size. The BMR units are dispersed throughout the property with three units in Building
7, two units in Buildings 1 through 4, and one unit in Building 8. Only two buildings are
proposed without BMR units - Buildings 5 and 6. There is no indication on the plans that
the exterior finishes of the BMR units will be any different from the market rate units. As
such, it is expected that they will be of the same quality; however, as allowed in the BMR
manual, the affordable units may have different interior finishes.
No Net Loss (SB166)
Government Code Section 65863 (No Net Loss Law) requires the City to ensure
development opportunities remain available to accommodate the City’s regional housing
need allocation (RHNA), especially for lower- and moderate- income households by
maintaining adequate sites to accommodate unmet RHNA for each income category. In
May 2024, the City adopted new Priority Housing Sites with the 6th Cycle Housing
Element Update, which are anticipated to provide units to meet the City’s RHNA for each
income category. The City calculated the number of units by affordability that are
expected to be developed on each of these sites, resulting in the estimated unit counts
shown in the table below. As noted previously, the project site is listed as a Priority
Housing Site in the City’s 6th Cycle Housing Element and, while the project site is not
subject to the requirements established in association with the Housing Element (see
SB330 discussion above), the City is nonetheless required to evaluate the project’s impacts
on expected housing production under Government Code Section 65863.
Under No Net Loss Law, at the time of approval, the decision body must make the
following findings:
1. That the remaining sites identified in the Housing Element are adequate to meet
the jurisdiction’s remaining RHNA for the planning period by income category.
2. A quantification of the remaining unmet need for the jurisdiction’s RHNA at each
income level and the remaining capacity of sites identified in the Housing Element,
to accommodate that need by income level.
In the event the City is unable to make the findings of No Net Loss, the City must either
concurrent with, or within 180 days of, approval of a housing development project at a
lower density or different mix of housing affordability, identify another Priority Housing
Site or increase the density of an existing Priority Housing Site to ensure that sites are
available to accommodate its RHNA.
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The table below quantifies the remaining unmet need for the 2023-2031 RHNA by income
level and the remaining capacity of across all Priority Housing Sites by comparing the
projected number of units at this Priority Housing Site with the actual number of units
proposed.
Income Category
Lower Income
(30-80% AMI)*
Moderate
(80-120% AMI)
Above Moderate
(>120% AMI)
6th Cycle RHNA Requirement 1,880 755 1,953
Units Projected – all Sites 2,037 847 2,997
Projected Surplus – all Sites 157 92 1,044
Units Projected on Sites 40-43 59 24 62
Units Proposed on Sites 40-43 0 12 47
Unmet 6th Cycle RHNA 1,880 743 1,906
Remaining Capacity 1,978 823 2,935
Remaining Surplus – all Sites 98 80 1,029
* Includes VLI and LI
As indicated in the table, the City will be able to make the findings of No Net Loss with
the approval of this project.18
Permit Findings
The Cupertino Municipal Code sets forth the findings for approval of the various permits
necessary to approve the proposed project. These provide a framework for making
decisions and facilitating an orderly analysis of the review of a project. Listed below are
the findings for the three permits sought by the applicant that the City must make in
rendering a decision on this project.
A. Development Permit & Use Permit (CMC 19.156.040)
1. The proposed development and/or use, 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 be compatible
with adjoining land uses, including but not limited to wider setbacks from the single-
18 It is noted that there are three projects currently under review by the City, which vested lower densities
than those adopted with the May 2024 Housing Element update under the provisions of SB330. These
include the Toll Brothers proposal at the United Furniture site, the Dividend Homes proposal near Randy
Lane and the Harvest Properties proposal at the Stevens Creek Office Center.
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family residences on the southern property line, as well as providing landscaping along
the building frontages to help mitigate potential massing impacts and compatible with
the existing streetscape. The project is conditioned to comply with the Environmental
Protection Standards of Cupertino Municipal Code Chapter 17.04. In addition, under the
CEQA Guidelines section 15332 (Infill Development Projects), the project has been found
to be Categorically Exempt from CEQA as further documented in the memorandum
prepared by the City’s environmental consultant, PlaceWorks. 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 the 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).
The General Plan land use designation for the property is Commercial/Office/Residential
with a maximum residential density of 25 dwelling units per acre at the time of submittal
of an SB330 Preliminary Application for the project in January 2024. The residential use
at the proposed 20.34 dwelling units per acre is consistent with the General Plan in terms
of density pursuant to state law, even though a portion of the property has a higher
density at the date of approval of this project. The applicant is requesting concessions for
the development of this site with exclusively residential uses and is requesting waivers
for height, setback, lot coverage, and parking design, 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 15332 (Infill Development Projects), the project has been found to be Categorically
Exempt from CEQA 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).
3. The applicant has requested Density Bonus concessions and waivers. Pursuant to
Cupertino Municipal Code Section 19.56.070, before approving an application
that includes a request for density bonus, concession, parking reduction and/or
waiver, the decision-making body shall make the following findings, as
applicable:
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a. That the residential project is eligible for the density bonus and any
concessions, parking reductions or waivers requested.
The project includes 12 Below Market Rate (BMR) units or 20.3% of the total number
of units proposed. Six of the twelve BMR units will be affordable to median-income
households (100-120% of Area Median Income) and the other six will be affordable to
moderate-income households (80-100% of Area Median Income) in compliance with
the City’s BMR Program. As a density bonus project with at least 20% of units
reserved for sale to moderate-income households as defined by state law (80-120% of
Area Median Income), the applicant may request up to two concessions and an
unlimited number of waivers.
b. That any requested concession will result in identifiable, financially
sufficient, and actual cost based on the financial analysis and documentation
provided.
This finding is superseded by the requirements of State Density Bonus Law,
Government Code Section 65915 which restricts a city’s ability to deny certain
requests for concessions to the findings outlined in section 4 below. The project
applicant has indicated that the application of requirements to provide commercial
uses on the site would result in a significant financial burden and may impact the
number of units provided.
c. If the density bonus is based all or in part on donation of land, that all
requirements included Section 19.56.030C have been met.
No density bonus is proposed; therefore, the finding is not applicable.
d. If the density bonus is based all or in part on the inclusion of a childcare
facility, that all requirements included in Section 19.56.030 (D) have been met.
No density bonus is proposed; therefore, the finding is not applicable.
e. If the density bonus or incentive is based on a condominium conversion, that
all the requirements included in Section 19.56.030 (E) have been met.
No density bonus is proposed; therefore, the finding is not applicable.
f. If the incentive includes mixed-use development, that all requirements
including in Section 19.56.40 (B) (2) have been met.
The project is not a mixed-use development; therefore, the finding is not applicable.
g. If a waiver is requested, that that the development standards for which the
waivers are requested would have the effect of physically precluding the
construction of the housing development with the density bonus and
incentives or concessions permitted.
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The development standards height, setbacks, lot coverage, parking design, and park
land dedication requirements would physically preclude the development as
proposed. These development standard limitations could affect the project by the loss
of units or unit sizes, which may include those designated as affordable.
h. That all the applicable requirements in Section 19.56.040C have been met, if a
reduction in off-street parking standards for an eligible housing development
is requested.
No reduction in off-street parking requirements is being requested; therefore, the
finding is not applicable.
4. Since the above applicable findings can be made, the decision-making body may
only deny an application for a waiver or concession if one of the following written
findings can be made, supported by substantial evidence:
a. That the incentive or concession, or waiver would have an adverse impact on
real property listed in the California Register of Historic Resources; or
No property on the site, or near it, is listed in the CA Register of Historic Resources.
b. That the incentive or concession, or waiver would have a specific, adverse
impact upon public health or safety or the physical environment, and there is
no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact without rendering the residential project unaffordable to low- and
moderate-income households. For the purpose of this subsection, "specific,
adverse impact" means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified, written public health or safety
standards, policies, or conditions as they existed on the date that the
application for the residential project was deemed complete; or
Both the Fire and Building departments have preliminary reviewed the plans and not
found conditions proposed which would create a “specific, adverse impact.” In
addition, the project is conditioned to ensure compliance with both Fire and Building
Code, prior to issuance of building permits. The project is also conditioned to comply
with the Environmental Protection Standards of Cupertino Municipal Code Chapter
17.04. Further, under the CEQA Guidelines section 15332 (Infill Development
Projects), the project has been found to be Categorically Exempt from CEQA as further
documented in the memorandum prepared by the City’s environmental consultant,
PlaceWorks. Therefore, the proposed development, incorporating the proposed
concessions and waivers, is not expected to have a specific, adverse impact upon public
health or safety or the physical environment.
c. That the incentive or concession, or waiver is contrary to state or federal law.
The requested concessions and waivers are not contrary to state or federal law.
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B. Architectural and Site Approval Permit (CMC 19.168.030)
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 be compatible
with adjoining land uses, including but not limited to wider setbacks from the single-
family residences on the southern property line, as well as providing landscaping along
the building frontages to help mitigate potential massing impacts and compatible with the
existing streetscape. The project is conditioned to comply with the Environmental
Protection Standards of Cupertino Municipal Code Chapter 17.04. In addition, under the
CEQA Guidelines section 15332 (Infill Development Projects), the project has been found
to be Categorically Exempt from CEQA, as further documented in the memorandum
prepared by the City’s environmental consultant, PlaceWorks. 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 the public health, safety,
general welfare, or convenience.
2. The proposed development is consistent with the purposes of this chapter, the
General Plan, any specific plan, zoning ordinances, applicable planned
development permit, conditional use permits, variances, subdivision maps or
other entitlements which regulate the subject property including, but not limited
to, adherence to the following specific criteria:
a. Abrupt changes in building scale should be avoided. A gradual transition
related to height and bulk should be achieved between new and existing
buildings.
The proposed project is a redevelopment of three retail buildings (the tallest of which
was approximately 30 feet) with eight, new three- to four-story townhome-style
buildings. The adjacent commercial center building to the east of the property has a
similar massing and the church building to the west incorporates a tall, sloped roof
feature. The proposed buildings are approximately 15 feet taller than the existing
buildings. Additionally, the townhomes are setback from the street and have vegetation
and trees planted along Stevens Creek Boulevard in accordance with the Heart of the
City Specific Plan for visual screening. There is also landscaping proposed at the
perimeter which will help reduce the apparent mass and bulk of the proposed buildings.
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b. In order to preserve design harmony between new and existing buildings and
in order to preserve and enhance property values, the materials, textures and
colors of new buildings should harmonize with adjacent development by being
consistent or compatible with design and color schemes, and with the future
character of the neighborhood and purposes of the zone in which they are
situated. The location, height and materials of walls, fencing, hedges and
screen planting should harmonize with adjacent development. Unsightly
storage areas, utility installations and unsightly elements of parking lots
should be concealed. The planting of ground cover or various types of
pavements should be used to prevent dust and erosion, and the unnecessary
destruction of existing healthy trees should be avoided. Lighting for
development should be adequate to meet safety requirements as specified by
the engineering and building departments and provide shielding to prevent
spill- over light to adjoining property owners.
The design quality of the development is consistent with the high-quality standards
encouraged by City Staff. The buildings meet the design qualities of a contemporary
Spanish style development. The architectural style is consistent throughout the
development and is complementary to the mix of contemporary
Mediterranean/Mission architectural theme of the previous upgrades to the Crossroads
Shopping Center. Utility installation has been designed to be screened by landscaping
and or incorporated into the building design. The final lighting for the development
will be reviewed as part of the review of the project construction documents to ensure
that they meet safety requirements while avoiding spill-over light to adjacent properties
and meet applicable Dark Sky standards. The proposed windows are consistent with
the City’s bird-safe ordinance as well.
c. The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures shall minimize traffic hazards and shall
positively affect the general appearance of the neighborhood and harmonize
with adjacent development.
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 south,
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
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in the Heart of the City Specific Plan. Further, the project incorporates a row of
evergreen trees along the rear property line to provide privacy screening and a larger
setback between the two buildings closest to the adjacent single-family residential
neighborhood/properties.
C. Tentative Map (CMC 18.16.060)
1. 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 January 2024.
2. That the design and improvements of the proposed subdivision are consistent
with the General Plan and specific plans.
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 an urban canopy
within the public right-of-way. While the development is required to have a 35 foot setback
from the street curb, state density bonus law requires the City to provide a waiver from
local standards and still consider the design consistent with the General Plan and Specific
Plan.
3. That the site is physically suitable for the type of development.
The proposed tentative map is compatible with the adjoining land uses and no physical
constraints are present that would conflict with anticipated land use development. There
are no topographical anomalies that differentiate this property from adjacent properties.
The site is located on the valley floor and is not listed within any environmentally sensitive
zone.
4. That the site is not physically suitable for the proposed density of development.
The subject property is physically suitable in size and shape in conformance to development
standards and is configured to accommodate a multi-unit development.
5. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure
fish and wildlife or their habitat.
The design of the subdivision and proposed improvements are not likely to substantially
injure fish and wildlife or their habitat because the property is a developed site, with no fish
and wildlife or their habitat in the immediate vicinity, and is located in an urbanized area
where residential land use is allowed.
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6. 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 are not likely to cause serious public
health problems. 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 sidewalk construction
with size-appropriate driveway curb-cuts and street and private trees planting.
7. 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.
D. Tree Removal Permit (CMC 14.18.180)
The approval authority shall approve a tree removal permit only after making at least
one of the following findings:
1. That the tree or trees are irreversibly diseased, are in danger of falling, can cause
potential damage to existing or proposed essential structures, or interferes with
private on-site utility services and cannot be controlled or remedied through
reasonable relocation or modification of the structure or utility services;
Not applicable.
2. 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 replacement trees throughout the site in conformance with the
Municipal Code Ordinance requirements and proposes to locate the replacements where
tree coverage is needed, while preserving virtually all the trees that are not within the
development area of the project site.
3. That the protected tree(s) are a detriment to the subject property and cannot be
adequately supported according to good urban forestry practices due to the
overplanting or overcrowding of trees on the subject property.
Not applicable.
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4. That the mature specimen trees with single trunk between twelve inches DBH and
twenty-four inches DBH, or multi-trunk between twenty-four inches DBH and
forty-eight inches DBH in R1, A1, A, RHS, and R2 zones will be replaced by
planting a replacement tree and/or by contribution to the City’s Tree Fund.
Not applicable.
E. Housing Accountability Act
When a project complies with objective standards, the HAA allows a city to
disapprove the project or to impose a condition that the project be developed at a
lower density only if the city finds both of the following, supported by a
preponderance of the evidence in the record:
1. The project would have a specific, adverse impact upon the public health or
safety unless the project is disapproved or approved upon the condition that
the project be developed at a lower density; and
2. No feasible method to satisfactorily mitigate or avoid the adverse impact exists.
The project, as proposed, meets all applicable objective zoning, General Plan, and
subdivision standards. Based on the record, including the findings in the Categorical
Exemption memorandum, staff does not believe the above findings can be made with
respect to the proposed project.
F. No Net Loss Finding
The remaining sites identified in the Housing Element are adequate to meet the
requirements of Government Code Section 65583.2 and to accommodate the City's
share of the regional housing need. (Findings required by Government Code Section
65863(b)(2).)
The remaining sites in the housing element inventory are adequate to meet the requirements
of Government Code Section 65583.2 and to accommodate the City’s share of the regional
lower-income and moderate-income housing need. The proposed project reduces the density
of the site below what was projected in the City’s 6th Cycle housing element. Nonetheless the
Priority Housing sites in the inventory are adequate to accommodate the City’s share of the
regional lower income housing need, in that a surplus of 98 lower-income and 80 moderate-
income units remain following adjustments to projections made to reflect the proposed
project.
Other Department/Agency Review
The City’s Building Division, Public Works Department, Environmental Services
Division, Sheriff’s Department, Cupertino Sanitary District, and the Santa Clara County
Fire Department have reviewed and conditioned the project.
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Environmental Review
A Categorical Exemption memorandum and a Notice of Exemption (Attachment 7) has
been prepared to demonstrate compliance with California Environmental Quality Act
(CEQA) and CEQA Guidelines as it pertains to the redevelopment of the site. The project
scope falls within the Class 32 CEQA Exemption pursuant to CEQA Guideline Sections
15332 (Infill Development Projects) and it has been determined that, the project will not
result in any significant effects on the environment. The project will be conditioned to
comply with the Environmental Standards adopted by the City pursuant to Chapter 17.04
of the Municipal Code.
Public Outreach and Noticing
The following table is a summary of the noticing done for this project:
Notice of Public Hearing, Site Notice & Legal Ad Agenda
Site Signage (14 days prior to the hearing)
Legal ad placed in newspaper (at least 10 days
prior to the hearing)
Public hearing notices were mailed to property
owners within 500 feet of the project site (10 days
prior to the hearing)
Posted on the City’s official
notice bulletin board (five days
prior to the hearing)
Posted on the City of
Cupertino’s website (five days
prior to the hearing)
The applicant has completed community outreach to residents and property owners.
Public Comment
At the time this staff report being published, staff has received four letters of support for
the project. These letters generally note support of the project’s replacement of vacant
retail space with residential uses and the addition of residences along Stevens Creek
Boulevard. Please refer to Attachment 8 for full comments.
Conclusion
Staff recommends approval of the project, as proposed, because the project and its
conditions of approval support the findings for approval of the proposed project,
consistent with Chapters 14.18, 18.28, 19.56, 19.156, and 19.168 of the Cupertino Municipal
Code. With respect to the requested Density Bonus concessions and waivers, evidence in
the record demonstrates that the project meets the standards for granting the concessions
and waivers under the State Density Bonus Law.
Next Steps
The Planning Commission’s recommendation will be forwarded to the City Council for
its decision on the project. The City Council’s decision will be final unless reconsidered
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within 10 days of the decision. If the project is approved, the applicant may apply for
building permits at that time.
Prepared by: Emi Sugiyama, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Approved by: Luke Connolly, Assistant Director of Community Development
ATTACHMENTS:
1– Draft Resolution for DP-2024-002
2 - Draft Resolution for U-2024-007
3 – Draft Resolution for ASA-2024-005
4 – Draft Resolution for TM-2024-001
5 – Draft Resolution for TR-2024-024
6 – Applicable Standards Matrix
7 – Categorical Exemption Memorandum
8 – Public Comment
9 – Project Site Plan
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2025-09
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A DEVELOPMENT PERMIT FOR A
PROPOSED RESIDENTIAL DEVELOPMENT WITH 59 TOWNHOME STYLE
CONDOMINIUM UNITS AND THE REMOVAL AND REPLACEMENT OF 45
DEVELOPMENT TREES LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK
BLVD (APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
The Planning Commission recommends that the City Council approve the Development
Permit, in substantially similar form to the Draft Resolution attached hereto as Exhibit
DP:
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 10th day of June 2025, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh Santosh Rao
Planning Manager Chair, Planning Commission
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RESOLUTION NO. _________
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A DEVELOPMENT PERMIT FOR A PROPOSED RESIDENTIAL
DEVELOPMENT WITH 59 TOWNHOME STYLE CONDOMINIUM UNITS AND
THE REMOVAL AND REPLACEMENT OF 45 DEVELOPMENT TREES LOCATED
AT 20770, 20830, AND 20840 STEVENS CREEK BLVD (APNS: 359-08-025, -026, -027,
AND-028 (PARTIAL))
SECTION I: PROJECT DESCRIPTION
Application No.: DP-2024-002
Applicant: SummerHill Homes, LLC
Property Owner: Byer Properties, LP
Location: 20770, 20830, and 20840 Stevens Creek Blvd
(APNs: 359-08-025, -026, -027, and-028 (partial))
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit as
described in Section I of this resolution; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines;
and
WHEREAS, on June 10, 2025, 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 Infill 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 June 10, 2025 the Planning Commission recommended on a X-X vote that
the City Council approve the Development Permit (DP-2024-002) in substantially similar
form to the Resolution presented (Resolution No. XXXX), approve the Architectural and
Use Permit (U-2024-007) in substantially similar form to the Resolution presented
(Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-
005) in substantially similar form to the Resolution presented (Resolution No. XXXX),
approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the
Resolution presented (Resolution No. XXXX), and approve the Tree Removal Permit (TR-
2024-024) in substantially similar form to the Resolution presented (Resolution No.
XXXX); and
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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 Development 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 be compatible with
adjoining land uses, including but not limited to wider setbacks from the single-family
residences on the southern property line, as well as providing landscaping along the building
frontages to help mitigate potential massing impacts and compatible with the existing
streetscape. The project is conditioned to comply with the Environmental Protection Standards
of Cupertino Municipal Code Chapter 17.04. In addition, under the CEQA Guidelines section
15332 (Infill Development Projects), the project has been found to be Categorically Exempt
from CEQA as further documented in the memorandum prepared by the City’s environmental
consultant, PlaceWorks. 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 the 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).
The General Plan land use designation for the property is Commercial/Office/Residential with
a maximum residential density of 25 dwelling units per acre at the time of submittal of an
SB330 Preliminary Application for the project in January 2024. The residential use at the
proposed 20.34 dwelling units per acre is consistent with the General Plan in terms of density
pursuant to state law, even though a portion of the property has a higher density at the date of
approval of this project. The applicant is requesting concessions for the development of this site
with exclusively residential uses and is requesting waivers for height, setback, lot coverage,
and parking design, 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
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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 15332 (Infill Development
Projects), the project has been found to be Categorically Exempt from CEQA 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).
3. The applicant has requested a density bonus. Pursuant to Cupertino Municipal Code
Section 19.56.070, before approving an application that includes a request for density
bonus, incentive, parking reduction and/or waiver, the decision-making body shall
make the following findings, as applicable:
a. A finding that the residential project is eligible for the density bonus and any
incentives, parking reductions or waivers requested.
The project includes 12 Below Market Rate (BMR) units or 20.3% of the total number of
units proposed. Six of the twelve BMR units will be affordable to median-income
households (100-120% of Area Median Income) and the other six will be affordable to
moderate-income households (80-100% of Area Median Income) in compliance with the
City’s BMR Program. As a density bonus project with at least 20% of units reserved for
sale to moderate-income households as defined by state law (80-120% of Area Median
Income), the applicant may request up to two concessions and an unlimited number of
waivers.
b. A finding that any requested incentive will result in identifiable, financially
sufficient, and actual cost based on the financial analysis and documentation
provided.
This finding is superseded by the requirements of State Density Bonus Law, Government
Code Section 65915 which restricts a city’s ability to deny certain requests for concessions
to the findings outlined in section 4 below. The project applicant has indicated that the
application of requirements to provide commercial uses on the site would result in a
significant financial burden and may impact the number of units provided.
c. If the density bonus is based all or in part on donation of land, a finding that all
requirements included Section 19.56.030C have been met.
No density bonus is proposed; therefore, the finding is not applicable.
d. If the density bonus is based all or in part on the inclusion of a childcare facility, a
finding that all requirements included in Section 19.56.030 (D) have been met.
No density bonus is proposed; therefore, the finding is not applicable.
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e. If the density bonus or incentive is based on a condominium conversion, a finding
that all the requirements included in Section 19.56.030 (E) have been met.
No density bonus is proposed; therefore, the finding is not applicable.
f. If the incentive includes mixed-use development, a finding that all requirements
including in Section 19.56.40 (B) (2) have been met.
The project is not a mixed-use development; therefore, the finding is not applicable.
g. If a waiver is requested, a finding that the development standards for which the
waivers are requested would have the effect of physically precluding the
construction of the housing development with the density bonus and incentives
or concessions permitted.
The development standards height, setbacks, lot coverage, parking design, and park land
dedication requirements would physically preclude the development as proposed. These
development standard limitations could affect the project by the loss of units or unit sizes,
which may include those designated as affordable.
h. If a reduction in off-street parking standards for an eligible housing development
is requested.
No reduction in off-street parking requirements is being requested; therefore, the finding
is not applicable.
4. Since the applicable findings required above can be made, the decision-making body
may deny an application for a waiver only if one of the following written findings as
applicable to each type of application, supported by substantial evidence:
a. That the incentive or concession, or waiver would have an adverse impact on real
property listed in the California Register of Historic Resources; or
No property on the site, or near it, is listed in the California Register of Historic Resources.
b. That the incentive or concession, or waiver would have a specific, adverse impact
upon public health or safety or the physical environment, and there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact without
rendering the residential project unaffordable to low- and moderate-income
households. For the purpose of this subsection, "specific, adverse impact" means a
significant, quantifiable, direct, and unavoidable impact, based on objective,
identified, written public health or safety standards, policies, or conditions as they
existed on the date that the application for the residential project was deemed
complete; or
Both the Fire and Building departments have preliminary reviewed the plans and not found
conditions proposed which would create a “specific, adverse impact.” In addition, the
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project is conditioned to ensure compliance with both Fire and Building Code, prior to
issuance of building permits. The project is also conditioned to comply with the
Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04.
Further, under the CEQA Guidelines section 15332 (Infill Development Projects), the
project has been found to be Categorically Exempt from CEQA as further documented in
the memorandum prepared by the City’s environmental consultant, PlaceWorks.
Therefore, the proposed development, incorporating the proposed concessions and waivers,
is not expected to have a specific, adverse impact upon public health or safety or the physical
environment.
c. That the incentive or concession, or waiver is contrary to state or federal law.
The requested concessions and waivers are not contrary to state or federal law.
5. The remaining sites identified in the Housing Element are adequate to meet the
requirements of Government Code Section 65583.2 and to accommodate the City's
share of the regional housing need. (Findings required by Government Code Section
65863(b)(2).)
The remaining sites in the housing element inventory are adequate to meet the requirements
of Government Code Section 65583.2 and to accommodate the City’s share of the regional
lower-income and moderate-income housing need. The proposed project reduces the density of
the site below what was projected in the City’s 6th Cycle housing element. Nonetheless the
Priority Housing sites in the inventory are adequate to accommodate the City’s share of the
regional lower income housing need, in that a surplus of 98 lower-income and 80 moderate-
income units remain following adjustments to projections made to reflect the proposed project.
6. When a project complies with objective standards, the HAA allows a city to
disapprove the project or to impose a condition that the project be developed at a
lower density only if the city finds both of the following, supported by a
preponderance of the evidence in the record:
a. The project would have a specific, adverse impact upon the public health or safety
unless the project is disapproved or approved upon the condition that the project
be developed at a lower density; and
b. No feasible method to satisfactorily mitigate or avoid the adverse impact exists.
The project, as proposed, meets all applicable objective zoning, General Plan, and
subdivision standards. Based on the record, including the findings in the Categorical
Exemption memorandum, staff does not believe the above findings can be made with respect
to the proposed project.
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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 5 thereof, and those contained in all other Resolutions approved for
this Project, the City Council hereby approves the application for a Development Permit,
Application No. DP-2024-002; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based are contained in the Public Hearing record concerning Application
no. DP-2024-002 as set forth in the Minutes of the City Council Meeting of July XX, 2025
and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled “20840 Stevens Creek Boulevard” dated
March 25, 2025 consisting of 124 sheets labeled as, A00– A24, C1.0 – C7.0, L1.1 –
L10.1, INT1-INT4, PrSL1, PrSL2, PS-1, and TM-1, drawn by SDG Architects Inc.,
R3 Studios, Giacalone Design Services, Inc., Associated Lighting Representatives,
Inc., and Carlson, Barbee & Gibson, Inc., except as may be amended by conditions
in this resolution.
2. 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-2024-007, TM-2024-001, ASA-
2024-005, and TR-2024-024 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.
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5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies
about the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
6. DEVELOPMENT APPROVAL
The project is granted approval to construct:
a. 59 townhomes, subject to affordability requirements of Condition #8, with
a maximum floor area as identified on approved plans;
b. 129 parking spaces;
c. 59 private bicycle spaces;
d. 6 shared bicycle racks;
e. Landscaping in designated locations with the use of native and drought
tolerant plants;
f. Vegetated stormwater treatment facilities with the use of native plants;
g. 11,573 square feet of private open space across all units;
h. 13,977 square feet of common open space;
i. Screened mechanical equipment; and
j. Two existing 10-foot walls and two new fences.
7. AFFORDABLE UNITS
The project shall include 6 units affordable to median-income households and 6
units affordable to moderate-income households as determined by the City’s BMR
Mitigation Manual.
8. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state’s Density Bonus law, the project is granted two
concessions and waivers as follows:
a. Concessions to address General Plan for mixed-use development on the
property and Heart of the City requirements for substantial retail
development on the property;
b. Waiver to increase the maximum height of buildings;
c. Waivers for reduced front, rear, and side setbacks;
d. Waiver for requirement for Service Access from Rear Parking Areas;
e. Waiver to reduce private outdoor space dimensions;
f. Waiver of the requirement for terracing of southern buildings;
g. Waiver to increase the maximum lot coverage;
h. Waiver for reduced parking space dimensions; and
i. Waiver to reduce the size of a required parking planter strip.
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9. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project
in accordance with the approved plans and with the City’s Parking Regulations
under Chapter 19.124 of the Cupertino Municipal Code.
10. BMR UNIT DESIGN REQUIREMENTS
Prior to building permit issuance, the Applicant shall detail how the following
requirements are met:
a. The BMR units shall be comparable to market-rate units in terms of unit
type, number of bedrooms per unit, quality of exterior appearance and
overall quality of construction.
b. The BMR unit size should generally be representative of the unit sizes within
the market-rate portion of the residential project.
c. Interior features and finishes in the affordable units shall be durable, of good
quality and consistent with the contemporary standards of new housing.
11. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any building permit, an
affordable housing agreement shall be recorded against the property. The
affordable housing agreement shall include, but not be limited to the following, in
compliance with the BMR Housing Mitigation Manual:
a. Total number of BMR units, type, location (site map), square footage,
number of bedrooms, and construction scheduling of market-rate and BMR
units;
b. Provisions to ensure concurrent construction and completion of BMR units
and market-rate units;
c. Affordability levels for each BMR unit;
d. Prices for BMR units as provided for in the BMR mitigation manual;
e. Provisions for income certification and screening of potential occupants of
BMR units;
f. Restriction control mechanisms;
g. Financing of ongoing administrative and monitoring costs;
h. Other reasonably required provisions to implement the Affordable
Housing Plan.
12. 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.
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13. PUBLIC ART REQUIREMENT
Public art shall be provided for the project in accordance with General Plan Policy
2-66 and the City’s Public Art Ordinance (Chapter 19.148 of the Cupertino
Municipal Code). The minimum expenditure for the artwork, including, but not
limited to design, fabrication, and installation is one (1) percent of the construction
valuation for the first $100 million on construction valuation, or 0.9% of
construction valuation for valuation in excess of $100 million. The project pro
forma shall be provided to the City to confirm the project budget. The public art
plans (including location and design) shall be reviewed by the Fine Arts
Commission during the building permit stage, in advance of final occupancy.
Once approved by the Fine Arts Commission, the public artwork shall be installed
to the satisfaction of the City prior to final occupancy.
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.
14. PUBLIC ART MAINTENANCE REQUIREMENT
In accordance with the requirements of Municipal Code Chapter 19.128, the
property owner shall maintain approved public artwork in good condition
continuously after its installation, as determined appropriate by the City.
Maintenance shall include all related landscaping, lighting, and upkeep, including
the identification plaque. Artwork required or approved cannot be removed,
except for required maintenance or repair, unless approved by the City; at which
time the City may require replacement or relocation of the artwork. In the event
that the artwork is relocated in the public right-of-way, a maintenance agreement
with the City shall be required.
15. PHASE II ESA REVISION
Prior to issuance of Building Permits, the provided “Additional Phase II” report
shall be revised to:
Discuss potential causes for the difference in chlordane concentrations in
samples collected from 2.5 to 3.0 feet bgs in borings RB-01 and RB-01A, and
this difference in chlordane concentrations shall be accounted for in the Soil
Management Plan (“SMP”) that is proposed to be prepared for the project; and
Describe solubility testing requirements and hazardous waste thresholds for
chlordane and other OCPs; and
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Indicate that arsenic concentrations detected at the site exceed the residential
and construction worker ESLs, however the detected arsenic concentrations
are below the naturally occurring background level.
Include a description of the activities and results of the additional step-out
sampling.
The revised Additional Phase II report shall be submitted to the City for peer
review and approval prior to an SMP being submitted to the City. Peer review
shall be completed by the City’s third-party consultant and costs associated with
peer review shall be paid by the applicant.
16. SOIL MANAGEMENT PLAN
Remediation of chlordane impacted soil at the Site shall be performed in
accordance with an SMP prepared and certified by a qualified Environmental
Professional which shall be submitted to the City for peer review and approval
prior to the start of soil remediation activities. Peer review shall be completed by
the City’s third-party consultant and costs associated with peer review shall be
paid by the applicant.
The SMP shall include the following:
A description of the precise extent of proposed contaminated soil removal,
proposed remediation goals, construction worker training requirements, and
detailed procedures for soil handling, soil characterization for off-Site
disposal or on-Site re-use, confirmation sampling and analysis, and
importing of clean fill material.
Measures to prevent potential exposure of the surrounding public to
contaminants that could be released in fugitive dust (e.g., dust control
procedures, air monitoring protocols, and air monitoring action levels)
during the removal of contaminated soil and other construction activities, in
addition to preventing potential exposure of future Site occupants to
contaminated soil.
Notification procedures and response actions that would be taken if
previously unidentified soil contamination or underground features of
environmental concern (e.g., sumps, underground storage tanks) are
identified during project construction activities.
A requirement that all remedial excavation and contaminated soil handling
and disposal activities be monitored full-time by a qualified Environmental
Professional, and that all confirmation and waste characterization soil
sampling and air monitoring activities be performed by a qualified
Environmental Professional.
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If any of the following conditions occur during the excavation of contaminated
soil, excavation activities shall cease immediately, the remedial excavation area
and any soil stockpiles shall be securely covered with plastic sheeting, the
applicant shall provide the City with all sampling and monitoring
documentation/results for review, and the City shall evaluate whether the
applicant shall be required to revise the SMP and/or engage with a regulatory
agency to provide oversight prior to performing further remediation activities at
the Site:
If any unexpected conditions are encountered or soil contaminant
concentrations are identified that are not addressed by the protocols and
worker training requirements outlined in the SMP;
If the area of remedial excavation would need to extend beyond 2,000 square
feet or the volume of remedial excavation would need to extend beyond 200
cubic yards in order to remove soil with concentrations of chlordane
exceeding Residential ESLs based on confirmation sampling analytical
results;
If air monitoring results identify the exceedance of air monitoring action
levels or complaints are received from the surrounding public regarding dust
generated by remediation activities;
If concentrations of chlordane exceeding Residential ESLs are detected in any
confirmation samples after three rounds of excavation and confirmation
sampling; or,
If waste characterization sampling or confirmation sampling results identify
soil that would be classified as hazardous waste.
The excavation and off-Site disposal of contaminated soil, implementation of the
protocols required by the SMP, and confirmation sampling results shall be
documented in a Completion Report prepared and certified by a qualified
Environmental Professional which shall be submitted to the City for peer review
and approval prior to the City issuing any permits that would allow other ground
disturbing activity (beyond soil remediation) at the Site. Peer review shall be
completed by the City’s third-party consultant and costs associated with peer
review shall be paid by the applicant. If a regulatory agency provides oversight of
further remediation activities at the Site, the Completion Report shall be submitted
to the regulatory oversight agency for review and approval, and the applicant
shall provide the City with written evidence that the regulatory oversight agency
has issued a no further action determination for the Site prior to the City issuing
any permits that would allow other ground disturbing activity (beyond soil
remediation) at the Site.
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17. 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.
18. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials were recycled prior to occupancy.
19. 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.
20. 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.
21. 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:
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i. No more than 7 days prior to the start of demolition, construction, ground-
disturbing, or tree removal/pruning activities, in order to identify any
active nests with eggs or young birds on the site and surrounding area
within 100 feet of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until
demolition, construction, ground-disturbing, or tree removal/pruning
activities have been initiated in the area, after which surveys can be
stopped. As part of the preconstruction survey(s), the surveyor shall inspect
all trees and other possible nesting habitats in, and immediately adjacent
to, the construction areas for active nests, while ensuring that they do not
disturb the nests as follows:
1) For projects that require the demolition or construction one single-
family residence, ground disturbing activities affecting areas of up to
500 square feet, or the removal of up to three trees, the property owner
or a tree removal contractor, if necessary, is permitted to conduct the
preconstruction surveys to identify if there are any active nests. If any
active nests with eggs or young birds are identified, the project applicant
shall retain a qualified ornithologist or biologist to identify protective
measures.
2) For any other demolition, construction and ground disturbing activity
or the removal of four or more trees, a qualified ornithologist or
biologist shall be retained by the project applicant to conduct the
preconstruction surveys.
iii. If the preconstruction survey does not identify any active nests with eggs
or young birds that would be affected by demolition, construction, ground-
disturbing or tree removal/pruning activities, no further mitigating action
is required. If an active nest containing eggs or young birds is found
sufficiently close to work areas to be disturbed by these activities, their
locations shall be documented, and the qualified ornithologist or biologist
shall identify protective measures to be implemented under their direction
until the nests no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing,
such as orange construction fencing or equivalent) around each nest
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
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basis throughout the nesting season to identify signs of disturbance and
confirm nesting status. The radius of an exclusion zone may be increased
by the qualified ornithologist or biologist, if project activities are
determined to be adversely affecting the nesting birds. Exclusion zones may
be reduced by the qualified ornithologist or biologist only in consultation
with California Department of Fish and Wildlife. The protection measures
and buffers shall remain in effect until the young have left the nest and are
foraging independently or the nest is no longer active.
v. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be prepared by the qualified ornithologist or
biologist and submitted to the Director of Community Development or his
or her designee, through the appropriate permit review process (e.g.,
demolition, construction, tree removal, etc.), and be completed to the
satisfaction of the Community Development Director prior to the start of
demolition, construction, ground-disturbing, or tree removal/pruning
activities.
22. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Prior to the issuance of any demolition, grading or building permit involving soil
disturbance, the project applicant shall provide written verification, including the
materials provided to contractors and construction crews, to the City confirming
that contractors and construction crews have been notified of basic archaeological
site indicators, the potential for discovery of archaeological resources, laws
pertaining to these resources, and procedures for protecting these resources as
follows:
a. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash,
charcoal, fire affected rock or earth); concentrations of stone, bone, or
shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g.,
floors); and burials, either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
c. The laws protecting these resources and associated penalties, including, but
not limited to, the Native American Graves Protection and Repatriation Act
of 1990, Public Resources Code Section 5097, and California Health and
Safety Code Section 7050 and Section 7052.
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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.
23. HUMAN REMAINS AND NATIVE AMERICAN BURIALS
Prior to issuance of the any demolition, grading and building permits that involve
soil disturbance, include on plans a note that, during project construction, the
project applicant shall comply with California Health and Safety Code Section
7050.5 and California Public Resources Code Section 5097.98.
a. In the event of discovering human remains during construction activities,
there shall be no further excavation or disturbance of the site within a 100-
foot radius of the remains, or any nearby area reasonably suspected to overlie
adjacent remains.
b. The Santa Clara County Coroner shall be notified immediately and shall
make a determination as to whether the remains are Native American.
c. If the Santa Clara County Coroner determines that the remains are not subject
to his authority, he shall notify the Native American Heritage Commission
(NAHC) within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant)
of the deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site
to make recommendations or preferences regarding the disposition of the
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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.
24. 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.
25. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans
a note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City’s Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall
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demonstrate compliance with daytime and nighttime decibel limits pursuant
to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code.
The details of the Construction Noise Control Plan shall be included in the
applicable construction documents and implemented by the on-site
Construction Manager. Noise reduction measures selected and implemented
shall be based on the type of construction equipment used on the site, distance
of construction activities from sensitive receptor(s), site terrain, and other
features on and surrounding the site (e.g., trees, built environment) and may
include, but not be limited to, temporary construction noise attenuation walls,
high quality mufflers. During the entire active construction period, the
Construction Noise Control Plan shall demonstrate that compliance with the
specified noise control requirements for construction equipment and tools will
reduce construction noise in compliance with the City’s daytime and nighttime
decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior
to the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use
for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use
of noise producing signals, including horns, whistles, alarms, and bells will be
for safety warning purposes only. The construction manager will use smart
back-up alarms, which automatically adjust the alarm level based on the
background noise level or switch off back-up alarms and replace with human
spotters in compliance with all safety requirements and law.
26. 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.
27. 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
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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
28. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and
construction hours and noise limit requirements on all demolition, construction
and grading permits, and in the construction management plan(s), unless
otherwise indicated.
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during nighttime period as defined in Section 10.48.053(b) of the
Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code.
Nighttime construction is allowed if compliant with nighttime standards of
Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
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f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
29. GREEN BUILDING
The project shall be constructed in accordance with the City’s Green Building
Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall
obtain LEED Silver certification or an alternative reference standard in accordance
with the ordinance since greater than nine multi-family residences are proposed.
Third party LEED certification or alternative reference standard is required per the
ordinance criteria.
30. 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.
31. PROPERTY OWNERS’ ASSOCIATION
A Property Owner’s Association shall be formed to maintain the common areas of
the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be
reviewed and approved by the City Attorney and the Director of Community
Development prior to recordation. The following terms shall be incorporated into
the Association’s Conditions, Covenants and Restrictions:
• The members/board shall meet at a minimum of once/year
• The Association dues shall cover:
o Maintenance of common area on the property in compliance with the
approved project conditions of approval, including hardscaping,
parking, landscaping and accessory facilities and amenities, such as
trash bins/areas, common amenity areas, tree grates, outside trash bins,
fences, etc,
o Building and site repair on a regular schedule, or as otherwise
necessary, and building renovation and replacement as necessary to
ensure that the property is maintained.
o Permits, including tree removal permits, required for maintenance and
repair of facilities in the common areas
• Any changes to the exterior of the development must be reviewed by the
Property Owner’s Association and changes must be considered in the context
of the development as a whole, and not on a unit-by-unit basis.
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• CC&R’s shall ensure that private open space is kept tidy and free of clutter
and visual blight.
• Any changes to the CC&R’s must be reviewed and approved by the City
• Disbanding of the Association shall require an amendment to this permit to
be reviewed and approved by the original approval authority.
32. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The
plan shall specify locations of trash facilities, refuse pick up schedules and truck
delivery schedules and routes. All trash facilities must be screened and enclosed
to the satisfaction of the Public Works Department. The final plan shall be
submitted to the City for review and approval prior to issuance of building
permits.
33. 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.
34. 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.
35. 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
DEPARTMENT
36. PROPOSED EASEMENT QUITCLAIMS
Developer shall obtain approval from each respective utility company for the
proposed quitclaim of existing easements. The easement(s) may be vacated with
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the final map or quitclaimed by a separate instrument. If quitclaimed by a separate
instrument, the quitclaim shall be approved and recorded by the utility company
prior to Final Map recordation or to the satisfaction of the Director of Public
Works. Any proposed interim easements necessary to facilitate the construction of
permanent facilities shall be approved and recorded by the utility company prior
to building permit issuance for the site improvements.
37. LOT LINE ADJUSTMENT
Prior to approval of the Final Map, a lot line adjustment will be required. Proposed
buildings cannot straddle between parcel lines.
38. 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.
39. STREET IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and street improvements along the project
frontage will be required to the satisfaction of the Director of Public Works. Street
improvements, grading and drainage plans must be completed and approved
prior to Final map approval.
Street improvements may include, but not be limited to, new detached sidewalk,
driveways, curb and gutter, utility laterals, stormwater treatment facilities, 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.
40. 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.
41. 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
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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.
42. 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.
43. 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.
44. 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.
45. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works and
satisfy any requirements from the environmental analysis. Hydrology and pre-
and post-development hydraulic calculations based on the 10-year storm event
must be provided to indicate whether additional storm water control measures are
to be constructed or renovated. The storm drain system may include, but is not
limited to, subsurface storage of peak stormwater flows (as needed), bioretention
basins, vegetated swales, and hydrodynamic separators to reduce the amount of
runoff from the site and improve water quality. The storm drain system shall be
designed to detain water on-site (e.g., via buried pipes, retention systems or other
approved systems and improvements) as necessary to avoid an increase of the ten
percent flood water surface elevation to the satisfaction of the Director of Public
Works. Any storm water overflows or surface sheeting should be directed away
from neighboring private properties and to the public right of way as much as
reasonably possible.
All storm drain inlets shall be clearly marked with the words “No Dumping –
Flows to Creek” using permanently affixed metal medallions or equivalent, as
approved by the Environmental Programs Division.
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Additional comments will be provided and shall be incorporated prior to Final
Map approval.
46. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
5,000 S.F. or more of impervious surface, collectively over the entire project site.
The developer shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment,
unless an alternative storm water treatment plan, that satisfies C.3 requirements,
is approved by the Director of Public Works.
The developer must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan
and a Storm Water Facilities Operation, Maintenance and Easement Agreement,
and certification of ongoing operation and maintenance of treatment BMPs are
each required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
If the Project is subject to CC&R and Homeowners Association (HOA), CC&R
must also include languages pertaining to the stormwater treatment measures.
47. 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:
Checking & Inspection Fees: Per current fee schedule ($5,655 or 5% of
improvement costs)
Grading Permit: Per current fee schedule ($4,891 or 6% of
improvement costs)
Tract Map Fee: Per current fee schedule ($13,687)
Storm Drainage Fee: Per current fee schedule ($4,584 per AC +
$347
per unit)
Transportation Impact Fee: Per current fee schedule: ($4,215 per unit)
Encroachment Permit Fee: Per current fee schedule ($3,551 or 5% of
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improvement costs)
Park Fees: Per current fee schedule: $54,000 per unit
($2,538,000 based on 47 units, 12 BMR units
waived)
Storm Management Plan Fee: Per current fee schedule ($2,217)
Street Tree Fee: By Developer or Per current fee schedule:
$513
per tree
Developer Contribution: $120,000 (Stevens Creek Blvd Class IV
Separated Bike Lane frontage
improvements)
Bonds:
a. Encroachment Bond: 100% of Off-site Improvements
b. 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.
48. 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.
49. 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.
50. 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
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ultimate discretion to require parkland dedication or accept park in-lieu fees (for
units 50 or more).
The Below Market Rate (BMR) program manual, which was last amended by City
Council on July 2, 2024 per Resolution 24-067, authorizes the waiver of park fees
for BMR units. Pursuant to Resolution 24-067, parkland dedication in-lieu fees for
the 12 BMR units proposed for this project are hereby waived.
51. 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.
52. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City’s “Public
Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction
of the Environmental Programs Manager. Clearance by the Public Works
Department is required prior to obtaining a building permit. (CMC 9.18.210 H &
K)
Applicant shall enter into an agreement with the City that indemnifies and holds
harmless both the City and the refuse and recycling collection company (Recology)
from and against any harm, damage or maintenance that may occur or become
necessary to onsite paving stone driveway surfaces.
53. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
prior to Final Map approval. The Agreement shall include the operation and
maintenance for non-standard appurtenances in the public road right-of-way that
may include, but is not limited to, landscaping, street trees, sidewalk, pavers, and
street lights.
54. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing
utility underground provisions. Said plans shall be subject to prior approval of
the affected Utility provider and the Director of Public Works.
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55. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed
in underground vaults. The developer must receive written approval from both
the Public Works Department and the Community Development Department
prior to installation of any above ground equipment. Should above ground
equipment be permitted by the City, equipment and enclosures shall be screened
with fencing and landscaping such that said equipment is not visible from public
street areas, as determined by the Community Development Department.
Transformers shall not be located in the front or side building setback area.
56. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground
equipment shall be placed outside of the public right of way and away from site
driveways to a location approved by the Cupertino Planning Department, Santa
Clara County Fire Department and the water company.
57. 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.
58. 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.
59. 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.
60. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show
the timetable for all grading/erosion control work in conjunction with this project.
61. 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
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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.
62. 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.
63. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
64. 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).
65. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
66. 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.
67. 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.
68. 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.
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69. 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 CUPERTINO SANITARY
DISTRICT
70. CUPERTINO SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to Final Map approval. The letter shall include their review and
approval of any existing sanitary sewer easements to be quitclaimed and the
creation of any new sanitary sewer easements.
71. 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.
72. PAYMENT OF FEES
The property owner shall pay all required New Lateral, Serer Development,
Treatment Plant Capacity, plan check, and permit fees to the District prior to
issuance of Building Permits.
73. PLANS AND EXISTING LATERALS
The property owner shall provide Utility Plan and Profile sheets and shall verify
the location of both the proposed lateral on Stevens Creek Boulevard and the
lateral that was used through the neighboring property. Both shall be
abandoned/removed.
SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
74. AERIAL ACCESS REQUIRED
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 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 Appendix D
as amended by SCCFD). Aerial access roadways shall meet the minimum road
width of 26 feet and comply with A1 Standard.
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An AMMR was approved for this project. AMMR application form and comment
letter shall be made part of the building permit plan set. AMMR details such as
modified sprinkler system and modified fire alarm shall be noted as deferred
submittals.
75. GROUND LADDER / EMERGENCY RESCUE OPENINGS
Ground ladder and emergency rescue openings shall be required. 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. Landscaping shall not be allowed to
interfere with the required access (CFC Sec. 503 and 1031 NFPA 1932 Sec. 5.1.8
through 5.1.9.2).
76. FIRE SPRINKLERS REQUIRED
Approved automatic sprinkler systems in new and existing buildings and
structures shall be provided in the locations described in this Section or in Sections
903.2.1 through 903.2.18 whichever is the more restrictive.
77. PUBLIC FIRE HYDRANTS REQUIRED
Fire hydrants shall be located within 600 feet of all buildings (CFC, Section 507.5.1).
78. REQUIRED FIRE FLOW
The minimum required fire flow for this project is 2,715 Gallons Per Minute (GPM)
at 20 psi residual pressure. The fire flow calculation has been adjusted according
to different construction types and sprinkler reduction. Fire flow shall be met from
the new hydrants.
79. BUILDINGS AND FACILITIES ACCESS
Approved fire apparatus access roads shall be provided for every facility, building
or portion of a building hereafter constructed or moved into or with the
jurisdiction [CFC, Section 503.1.1]. Installations shall conform to Fire Department
Standard Details and Specifications sheet A-1. CFC Sec. 503.
80. FIRE LANE IDENTIFICATION
The minimum clear width of fire department access roads shall be 20 feet. Fire
apparatus access roads shall be designated and marked as a fire lane as set forth
in Section 22500.1 of the California Vehicle Code.
81. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter
33 and our Standard Detail and Specification SI-7.
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82. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. Numbers shall be
a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch
(12.7 mm). Address numbers shall be maintained. CFC Sec. 505.1
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this Xth day of July, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Liang-Fang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2025-__
OF THE PLANNING COMMISSION OF
THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF A USE PERMIT FOR A PROPOSED RESIDENTIAL DEVELOPMENT
WITH 59 TOWNHOME STYLE CONDOMINIUM UNITS AND THE REMOVAL
AND REPLACEMENT OF 45 DEVELOPMENT TREES
LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK BLVD
(APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
The Planning Commission recommends that the City Council approve the Use Permit, in
substantially similar form to the Draft Resolution attached hereto as Exhibit U.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 10th day of June 2025, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh Santosh Rao
Planning Manager Chair, Planning Commission
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RESOLUTION NO. _________
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR A PROPOSED RESIDENTIAL
DEVELOPMENT WITH 59 TOWNHOME STYLE CONDOMINIUM UNITS
AND THE REMOVAL AND REPLACEMENT OF 45 DEVELOPMENT TREES
LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK BLVD
(APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
SECTION I: PROJECT DESCRIPTION
Application No.: U-2024-007
Applicant: SummerHill Homes, LLC
Property Owner: Byer Properties, LP
Location: 20770, 20830, and 20840 Stevens Creek Blvd
(APNs: 359-08-025, -026, -027, and-028 (partial))
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 categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines;
and
WHEREAS, on June 10, 2025 the Planning Commission recommended on a X-X vote that
the City Council approve the Development Permit (DP-2024-002) in substantially similar
form to the Resolution presented (Resolution No. XXXX), approve the Architectural and
Use Permit (U-2024-007) in substantially similar form to the Resolution presented
(Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-
005) in substantially similar form to the Resolution presented (Resolution No. XXXX),
approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the
Resolution presented (Resolution No. XXXX), and approve the Tree Removal Permit (TR-
2024-024) in substantially similar form to the Resolution presented (Resolution No.
XXXX); 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, on June 10, 2025, the Planning Commission held a duly noticed public
hearing to receive staff’s presentation and public testimony, and to consider the
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information contained in the Infill 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, 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 be compatible with
adjoining land uses, including, but not limited to wider building setbacks from the single-
family residences south of the subject property, as well as providing landscaping along the
building frontages to help offset any potential massing impacts of the proposed buildings and
ensuring compatibility with the existing streetscape. The project is conditioned to comply with
the Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In
addition, under the CEQA Guidelines section 15332 (Infill Development Projects), the project
has been found to be Categorically Exempt from CEQA as further documented in the
memorandum prepared by the City’s environmental consultant, PlaceWorks. 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 the 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).
The General Plan land use designation for the property is Commercial/Office/Residential,
allowing a maximum residential density of 25 dwelling units per acre at the time of the
submittal of an SB330 Preliminary Application for the project in January 2024. The residential
use at the proposed 20.34 dwelling units per acre is consistent with the General Plan in terms
of density pursuant to State law, even though a portion of the property has a higher minimum
density requirement at the date of approval of this project. The applicant is requesting
concessions for the development of this site with exclusively residential uses and is requesting
waivers for building height, building setbacks, lot coverage, parking design, and park land
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dedication requirements 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 15332 (Infill Development
Projects), the project has been found to be Categorically Exempt from CEQA 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-2024-007, is hereby approved, and
that the conclusions upon which the findings and conditions specified in this Resolution
are based are contained in the Public Hearing record concerning Application no. U-2024-
007 as set forth in the Minutes of the City Council Meeting of July XX, 2025 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 “20840 Stevens Creek Boulevard” dated
March 25, 2025 consisting of 124 sheets labeled as, A00– A24, C1.0 – C7.0, L1.1 –
L10.1, INT1-INT4, PrSL1, PrSL2, PS-1, and TM-1, drawn by SDG Architects Inc.,
R3 Studios, Giacalone Design Services, Inc., Associated Lighting Representatives,
Inc., and Carlson, Barbee & Gibson, Inc., except as may be amended by conditions
in this resolution.
2. 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.
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3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2024-002, TM-2024-001, ASA-
2024-005, and TR-2024-024 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. 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.
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
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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.
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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this Xth day of July, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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SIGNED:
________
Liang-Fang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2025-___
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE
APPROVAL PERMIT FOR A PROPOSED RESIDENTIAL DEVELOPMENT
WITH 59 TOWNHOME STYLE CONDOMINIUM UNITS AND
THE REMOVAL AND REPLACEMENT OF 45 DEVELOPMENT TREES
LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK BLVD
(APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
The Planning Commission recommends that the City Council approve the Use Permit, in
substantially similar form to the Draft Resolution attached hereto as Exhibit U:
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 10th day of June 2025, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh Santosh Rao
Planning Manager Chair, Planning Commission
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RESOLUTION NO. _________
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR A
PROPOSED RESIDENTIAL DEVELOPMENT WITH 59 TOWNHOME STYLE
CONDOMINIUM UNITS AND THE REMOVAL AND REPLACEMENT OF 45
DEVELOPMENT TREES LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK
BLVD (APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2024-005
Applicant: SummerHill Homes, LLC
Property Owner: Byer Properties, LP
Location: 20770, 20830, and 20840 Stevens Creek Blvd
(APNs: 359-08-025, -026, -027, and-028 (partial))
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 categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines;
and
WHEREAS, on June 10, 2025 the Planning Commission recommended on a X-X vote that
the City Council approve the Development Permit (DP-2024-002) in substantially similar
form to the Resolution presented (Resolution No. XXXX), approve the Architectural and
Use Permit (U-2024-007) in substantially similar form to the Resolution presented
(Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-
005) in substantially similar form to the Resolution presented (Resolution No. XXXX),
approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the
Resolution presented (Resolution No. XXXX), and approve the Tree Removal Permit (TR-
2024-024) in substantially similar form to the Resolution presented (Resolution No.
XXXX); 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
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WHEREAS, on June 10, 2025, 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 Infill 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, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application
for an Architectural and Site Approval Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
The project is consistent with the relevant land use designations in the General Plan, Zoning
Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with
adjoining land uses, including but not limited to having wider building setbacks from the
single-family residences south of the subject property, as well as providing landscaping along
the building frontages to help offset any potential building massing impacts and to ensure
compatibility with the existing streetscape. The project is conditioned to comply with the
Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In
addition, under the CEQA Guidelines section 15332 (Infill Development Projects), the project
has been found to be Categorically Exempt from CEQA, as further documented in the
memorandum prepared by the City’s environmental consultant, PlaceWorks. 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 the public health, safety, general
welfare, or convenience.
2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any
specific plan, zoning ordinances, applicable planned development permit, conditional
use permits, variances, subdivision maps or other entitlements to use which regulate
the subject property including, but not limited to, adherence to the following specific
criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
The proposed project is the redevelopment of three commercial buildings (the tallest of
which is approximately 30 feet), two of which have been vacant for several years, with eight,
new three- to four-story townhome-style buildings. The adjacent commercial center
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building immediately to the east of the property has a similar massing and the church
building to the west incorporates a tall steeple feature. The proposed buildings are
approximately 15 feet taller than the existing commercial buildings. Additionally, the
townhomes are setback from the street and have vegetation and trees planted along Stevens
Creek Boulevard, in accordance with the Heart of the City Specific Plan, for visual
screening. Landscaping is also proposed at the perimeter of the property, which will help
reduce the apparent mass and bulk of the proposed buildings.
b) In order to preserve design harmony between new and existing 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 design quality of the development is consistent with the high-quality standards
encouraged by City Staff. The buildings meet the design qualities of a contemporary
Spanish, or Mediterraneanstyle development. The architectural style is consistent
throughout the development and is complementary to the mix of contemporary
Mediterranean/Mission architectural theme of the previous upgrades to the adjacent
Crossroads Shopping Center. Utility installation has been designed to be screened by
landscaping and/or incorporated into the building design. The lighting for the
development will be reviewed as part of the project construction documents to ensure that
they meet safety requirements while avoiding spill-over light to adjacent properties and
meet applicable Dark Sky standards. The proposed windows are consistent with the City’s
bird-safe ordinance as well.
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures shall minimize traffic hazards and shall positively
affect the general appearance of the neighborhood and harmonize with adjacent
development; and
No signage is proposed as part of this project.
d) With respect to new projects within existing residential neighborhoods, new
development should be designed to protect residents from noise, traffic, light and
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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 south, 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 incorporates a row of evergreen trees
along the rear property line to provide privacy screening and a larger setback between the
two buildings closest to the adjacent single-family residential neighborhood/properties.
Additionally, since the subject property is located north of the single-family neighborhood,
it will not cast shadows on either the residences or their adjacent backyards.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the MND, 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-2024-005,
is hereby approved, and that the subconclusions upon which the findings and conditions
specified in this Resolution are based are contained in the Public Hearing record
concerning Application no. ASA-2024-005 as set forth in the Minutes of the City Council
Meeting of July XX, 2025 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 “20840 Stevens Creek Boulevard” dated
March 25, 2025 consisting of 124 sheets labeled as, A00– A24, C1.0 – C7.0, L1.1 –
L10.1, INT1-INT4, PrSL1, PrSL2, PS-1, and TM-1, drawn by SDG Architects Inc.,
R3 Studios, Giacalone Design Services, Inc., Associated Lighting Representatives,
Inc., and Carlson, Barbee & Gibson, Inc., except as may be amended by conditions
in this resolution.
2. 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
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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. DP-2024-002, TM-2024-001, ASA-
2024-005, and TR-2024-024 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 and shall maintain
fence openings and pedestrian access to the neighboring shopping center as
outlined on approved plans.
6. 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.
7. 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.
8. 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.
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9. 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.”
10. 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.
11. 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
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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.
12. 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.
13. 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.
14. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
15. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of
building permits to ensure quality and consistency. Any exterior changes
determined to be substantial by the Director of Community Development shall
either require a modification to this permit or a new permit based on the extent of
the change.
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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.
16. 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.
17. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed
in underground vaults. The developer must receive written approval from both
the Public Works Department and the Community Development Department
prior to installation of any above ground equipment. Should above ground
equipment be permitted by the City, equipment and enclosures shall be screened
with fencing and landscaping such that said equipment is not visible from public
street areas, as determined by the Community Development
Department. Transformers shall not be located in the front or side building
setback area.
18. 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.
19. 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
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obtain LEED Silver certification or an alternative reference standard in accordance
with the ordinance since the building size is over 50,000 square feet. Third party
LEED certification or alternative reference standard is required per the ordinance
criteria and costs associated with third-party review shall be paid by the applicant.
20. EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be
screened so they are not visible from public street areas or adjoining
developments. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. A line of sight plan may be
required to demonstrate that the equipment will not be visible from any public
right-of-way. The location of the equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits.
21. 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.
22. 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
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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.
23. 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 Xth day of July, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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SIGNED:
________
Liang-Fang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2025-XX
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A VESTING TENTATIVE MAP
FOR A 59-UNIT CONDOMINIUM DEVELOPMENT
LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK BLVD
(APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
The Planning Commission recommends that the City Council approve the Vesting
Tentative Map, in substantially similar form to the Draft Resolution attached hereto as
Exhibit TM:
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 10th day of June 2025, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh Santosh Rao
Planning Manager Chair, Planning Commission
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RESOLUTION NO. _________
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A VESTING TENTATIVE MAP
FOR A 59-UNIT CONDOMINIUM DEVELOPMENT
LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK BLVD
(APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
SECTION I: PROJECT DESCRIPTION
Application No.: TM-2024-001
Applicant: SummerHill Homes, LLC
Property Owner: Byer Properties, LP
Location: 20770, 20830, and 20840 Stevens Creek Blvd
(APNs: 359-08-025, -026, -027, and-028 (partial))
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 categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines;
and
WHEREAS, on June 10, 2025 the Planning Commission recommended on a X-X vote that
the City Council approve the Development Permit (DP-2024-002) in substantially similar
form to the Resolution presented (Resolution No. XXXX), approve the Architectural and
Use Permit (U-2024-007) in substantially similar form to the Resolution presented
(Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-
005) in substantially similar form to the Resolution presented (Resolution No. XXXX),
approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the
Resolution presented (Resolution No. XXXX), and approve the Tree Removal Permit (TR-
2024-024) in substantially similar form to the Resolution presented (Resolution No.
XXXX); 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, on June 10, 2025, the Planning Commission held a duly noticed public
hearing to receive staff’s presentation and public testimony, and to consider the
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information contained in the Infill 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, 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 January 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 provide a waiver from local
standards 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.
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.
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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 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 sidewalk construction with size-
appropriate driveway curb-cuts and street and private trees 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 5 thereof, and those contained in all other Resolutions approved for
this Project.
The application for a Vesting Tentative Map, Application No. TM-2024-001, 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. TM-2024-001 as set forth in the Minutes of the City Council Meeting of
July XX, 2025 meeting, and are incorporated by reference as though fully set forth herein.
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled “20840 Stevens Creek Boulevard” dated
March 25, 2025 consisting of 124 sheets labeled as, A00– A24, C1.0 – C7.0, L1.1 –
L10.1, INT1-INT4, PrSL1, PrSL2, PS-1, and TM-1, drawn by SDG Architects Inc.,
R3 Studios, Giacalone Design Services, Inc., Associated Lighting Representatives,
Inc., and Carlson, Barbee & Gibson, Inc., except as may be amended by conditions
in this resolution.
2. 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. DP-2024-002, U-2024-007, ASA-
2024-005, and TR-2024-024 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
Public access easements required to address 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, shall be maintained to allow for public access through the property.
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.
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
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(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.
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
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the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90-day period complying with
all of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of
this Resolution conform to generally accepted engineering practices.
___________________________
Chad Mosley, Assistant Director of Public Works
City Engineer CA License 66077
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this Xth day of July, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Liang-Fang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2025-XX
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT
TO REMOVE AND REPLACE FORTY-FIVE (45) DEVELOPMENT TREES
TO ACCOMMODATE A PROPOSED RESIDENTIAL DEVELOPMENT
WITH 59 TOWNHOME STYLE CONDOMINIUM UNITS
LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK BLVD
(APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
The Planning Commission recommends that the City Council approve the Vesting
Tentative Map, in substantially similar form to the Draft Resolution attached hereto as
Exhibit TM:
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 10th day of June 2025, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh Santosh Rao
Planning Manager Chair, Planning Commission
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RESOLUTION NO. _________
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A TREE REMOVAL PERMIT TO REMOVE
AND REPLACE FORTY-FIVE (45) DEVELOPMENT TREES
TO ACCOMMODATE A PROPOSED RESIDENTIAL DEVELOPMENT
WITH 59 TOWNHOME STYLE CONDOMINIUM UNITS
LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK BLVD
(APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2024-024
Applicant: SummerHill Homes, LLC
Property Owner: Byer Properties, LP
Location: 20770, 20830, and 20840 Stevens Creek Blvd
(APNs: 359-08-025, -026, -027, and-028 (partial))
SECTION II: FINDINGS FOR A TENTATIVE MAP:
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 categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines;
and
WHEREAS, on June 10, 2025 the Planning Commission recommended on a X-X vote that
the City Council approve the Development Permit (DP-2024-002) in substantially similar
form to the Resolution presented (Resolution No. XXXX), approve the Architectural and
Use Permit (U-2024-007) in substantially similar form to the Resolution presented
(Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-
005) in substantially similar form to the Resolution presented (Resolution No. XXXX),
approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the
Resolution presented (Resolution No. XXXX), and approve the Tree Removal Permit (TR-
2024-024) in substantially similar form to the Resolution presented (Resolution No.
XXXX); 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
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WHEREAS, on June 10, 2025, 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 Infill 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, 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 replacement trees throughout the site in conformance with the Municipal Code
Ordinance requirements and proposes to locate the replacement trees where tree coverage is
needed, while preserving virtually all the trees that are not within the development area of
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-2024-024, 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-2024-024 as set forth in the Minutes of the City Council Meeting of
July XX, 2025 Meeting, and are incorporated by reference as though fully set forth herein.
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled “20840 Stevens Creek Boulevard” dated
March 25, 2025 consisting of 124 sheets labeled as, A00– A24, C1.0 – C7.0, L1.1 –
L10.1, INT1-INT4, PrSL1, PrSL2, PS-1, and TM-1, drawn by SDG Architects Inc.,
R3 Studios, Giacalone Design Services, Inc., Associated Lighting Representatives,
Inc., and Carlson, Barbee & Gibson, Inc., except as may be amended by conditions
in this resolution.
2. 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. DP-2024-002, TM-2024-001, ASA-
2024-005, and TR-2024-024 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 must protect in-place and retain the Chinese elms #341 – 344, Callery
pear #316, London plane #317, valley oak #318 and coast live oak #345.
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 size of the proposed replacement trees shall
be modified as follows to be consistent with the City’s Protected Tree Ordinance
unless deemed infeasible by the City’s Consulting Arborist:
a. Diameter of trunk size of removed tree up to 12 inches shall be replaced
with one 24-inch box tree;
b. Over 12 inches and up to 36 inches shall be replaced by two 24-inch box tree
or one 36-inch box tree; and
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c. Over 36 inches shall be replaced with one 36-inch box tree.
If it is determined that it is physically not feasible to plant the required
replacement trees, the Applicant may pay in-lieu fees determined to be
appropriate by the Community Development Director.
7. ARBORIST REVIEW
Prior to building permit issuance, the number, location and species of trees shall
be reviewed and approved by the City in consultation with the City’s Consulting
Arborist, at the applicant’s cost.
The replacement trees shall be planted prior to building permit approval . The
Applicant shall provide the Department of Community Development adequate
documentation, including, but not limited to, photographs, receipts or invoices, to
verify that replacement trees have been planted. The City’s consulting arborist
shall inspect the trees after planting and a report ascertaining the good health of
the trees mentioned above shall be provided prior to issuance of final occupancy
for any of the residential units.
8. TREE PROTECTION
a. As part of the demolition or building permit drawings, a tree protection plan
shall be prepared by a certified arborist for the trees to be retained. In addition,
the following measures shall be added, at a minimum, to the protection plan:
• For trees to be retained, chain link fencing and other root protection shall
be installed around the dripline of the tree prior to any project site work.
• No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
• No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City’s consulting arborist
shall be consulted before any trenching or root cutting beneath the dripline
of the tree.
• Wood chip mulch shall be evenly spread inside the tree projection fence to
a four-inch depth.
• Tree protection conditions shall be posted on the required tree protection
barriers.
• Retained trees shall be watered to maintain them in good health.
• A covenant on the property shall be recorded that identifies all the
protected trees, prior to final occupancy.
b. The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits.
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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
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
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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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this Xth day of July, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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SIGNED:
________
Liang-Fang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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Standards Matrix
Cupertino General Plan
Reference General Plan Req. Consistent? City Comment
Land Use Element
Land Use Map General Plan Designation: Commercial / Office /
Residential Yes Residential development proposed.
Strategy LU-1.3.1 (1)
All mixed-use areas with commercial zoning will require
retail as a substantial component. The North De Anza
Special Area is an exception.
Density Bonus
Incentive
Requested
Density Bonus incentive requested.
Strategy LU-1.3.1 (4) Conditional Use Permits will be required [to provide
housing] on non-Housing Element mixed-use sites. Yes Conditional Use Permit U-2024-007
incorporated into project.
Policy LU-2.2
Require developments to incorporate pedestrian-scaled
elements along the street and within the development such
as parks, plazas, active uses along the street, active uses,
entries, outdoor dining, and public art.
Yes
Project incorporates entry features along
Stevens Creek and is required to comply with
provisions of Chapter 19.148 of the Municipal
Code.
Figure LU-2 Maximum Residential Density: 25 dwelling units per acre Yes 20.34 dwelling units per acre (59 units across
2.90 acres).
Figure LU-2
HOCSP 1.01.030
Maximum Height: 45 feet measured from sidewalk to top
of cornice, parapet, or eave line of a peaked roof.
Density Bonus
Waiver
Requested
Density Bonus waiver requested to allow a
maximum height of 45’-10”.
Strategy LU-3.3.10
In multi-family projects where residential uses may front
on streets, require pedestrian-scaled elements such as
entries, stoops, and porches along the street.
Yes Project incorporates entry features along
Stevens Creek.
Policy LU-3.4 No visible garages shall be permitted along the street
frontage. Yes No garages proposed facing Stevens Creek
Boulevard
Policy LU-8.1 Evaluate fiscal impacts of converting office/commercial
uses to residential use. Yes Fiscal Impact Report provided and peer
reviewed by a third-party City consultant.
Table LU-1
Policy LU 13.5
Development Allocation Available (Heart of the City): 18
Units (as of SB330 Preliminary Application date) Yes
Consistent per requirements of State Law since
residential density allows development of a
project up to 25 du/ac (72.5 units). Proposal is
for a 59 unit development.
Strategy LU-13.7.1
Provide active uses along the street frontage, bike lanes,
sidewalks that support pedestrian-oriented activity,
improved pedestrian crossings at street intersections, and
attractive transit facilities (e.g., bus stops, benches, etc.)
Yes
Design provides a 6’ sidewalk dedication, bike
lane contribution, and public art plaza along
street frontage.
VTA has not required improvements to transit
facilities on or adjacent to the site.
Strategy LU-13.7.2
Create a cohesive visual image with street tree plantings
along the corridor, but with distinct tree types for each sub-
area to support its distinct character and function.
Yes
Proposed street tree plantings are consistent
with sub-area type outlined in the Heart of the
City Specific Plan.
Strategy LU-13.7.3 Provide pedestrian paths to enhance public access to and
through the development. Yes
Pedestrian paths through the site from
sidewalk and neighboring parcel have been
provided. Public access easement provided.
Mobility Element
Policy M-2.5
Ensure all new public and private streets are publicly
accessible to improve walkability and reduce impacts on
existing streets.
Yes Proposed streets will be publicly accessible.
Public access easement provided.
Policy M-3.2
Require new development and redevelopment to increase
connectivity through direct and safe pedestrian connection
to public amenities, neighborhoods, shopping, and
employment destinations throughout the city.
Yes
Direct pedestrian connections from the site to
the neighboring shopping center to the east are
provided.
Policy M-3.5.1 Require driveway access closures, consolidations, or both
when a site is remodeled or redeveloped. Yes
The proposed project incorporates two
driveway accesses, consistent with the
requirements for fire access and the existing
site conditions.
Policy M-3.6 Require parking lots to include clearly defined paths for
pedestrians to provide a safe path to building entrances. Yes Pathways extend through the parking area.
Policy M-3.8 Require new development and redevelopment to provide
public and private bicycle parking. Yes Public and private bicycle parking provided.
Policy M-4.4
Ensure all new development projects include amenities to
support public transit including bus stop shelters, space for
transit vehicles, as appropriate, and attractive amenities
such as trash receptacles, signage, seating, and lighting.
Yes No additional transit improvements requested
by VTA.
Environmental Resources and Sustainability Element
Strategy ES-4.3.2 Prohibit new wood-burning fireplaces, except EPA certified
wood stoves as allowed by the Building Code. Yes Response and plans indicate that no wood-
burning fireplaces are proposed.
Strategy ES-5.1.2
Ensure that sustainable landscaping design is incorporated
in the development of private projects with the inclusion of
measures such as tree protection, stormwater treatment,
and planting of native, drought tolerant landscaping that is
beneficial to the environment.
Yes
Sustainable landscaping design is incorporated
in the development through the required tree
protection (as applicable), stormwater
treatment area planted with native plant
species, and the use of drought tolerant plant
species including beneficial native plant
species.
Policy ES-7.2 … Use low impact development (LID) designs to treat
stormwater or recharge groundwater. Yes LID designs incorporated into project design.
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Strategy ES-7.3.1
Require LID designs such as vegetated stormwater
treatment systems and green infrastructure to mitigate
pollutant loads and flows.
Yes LID designs incorporated into project design.
Health and Safety Element
Policy HS-3.2
Involve the Fire Department in the early design stage of all
projects requiring public review to assure Fire Department
input and modifications as needed.
Yes Fire Department review completed.
Policy HS-3.7 Require on-site fire suppression materials and equipment. Yes
On-site fire suppression systems will be
provided as required by Santa Clara County
Fire.
Strategy HS-4.2.2
Request County Sheriff review and comment on
development applications for security and public
measures.
Yes County Sheriff review completed.
Policy HS-8.1
Use the Land Use Compatibility for Community Noise
Environments chart, the Future Noise Contour Map (see
Figure D-1 in Appendix D) and the City Municipal Code
to evaluate land use decisions.
Yes Noise Assessment provided by applicant.
Infrastructure Element
Strategy INF-2.4.2 Require undergrounding of all utility lines in new
developments.
Yes, as
Conditioned
Undergrounding of utilities is proposed, to the
extent feasible. Project is conditioned to comply
with Public Works requirements for new utility
lines.
Strategy INF-5.1.2
Require developers to pay their fair share of costs for, or
in some cases construct, infrastructure upgrades to ensure
that service levels are met.
Yes, as
Conditioned
Project is conditioned to meet Sanitary District
requirements based on District comments.
Policy INF-7.2
Ensure that public and private developments build new
and on-site facilities and/or retrofit existing on-site
facilities to meet the City’s waste diversion requirements.
Yes
Environmental and Sustainability Division
review of waste diversion requirements
completed.
Recreation, Parks, and Community Services Element
Strategy RPC-2.2.2 Require major developments to incorporate private open
space and recreational facilities. Yes Private open space provided.
Strategy RPC-3.1.1 Maximize the use of native plants and drought-tolerant
planting. Yes Planting plans incorporate use of native and
drought tolerant plantings.
Heart of the City Specific Plan
Reference Specific Plan Requirement Consistent? City Comment
Land Use and Zoning – Permitted and Conditional Uses
Section 1.01.020 (B) Residential density shall be per the General Plan Land Use
and zoning maps Yes Density is consistent with General Plan.
Section 1.01.020 (B)
On sites with a mixed-use residential designation,
residential is a permitted use only on Housing Element
sites. Conditional use permits will be required for
residential units on… Non-Housing Element mixed-use
sites.
Yes Conditional Use Permit U-2024-007
incorporated into project.
Section 1.01.020 (B)
The amount of building space devoted to
retail/commercial uses shall have a viable and substantial
retail component.
Density Bonus
Incentive
Requested
No retail provided. Density Bonus incentive
requested.
Building Height, Setbacks, and Orientation
Section 1.01.030 (A)
(3)
Mechanical equipment and utility structures shall be
screened from public view. Yes Screening plan provided.
Section 1.01.030 (B) (1)
and (3)
Minimum setback for new development shall be 35 feet
from the edge of curb (nine (9) feet from the required
Boulevard Landscape Easement; See section 1.01.040(D)).
Special Architectural Features – subject to City review:
entrance porticoes, canopies, and or other features may
extend up to four (4) feet into the front setback area.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 1.01.030 (C) (1)
and (3)
Minimum side setback for new development shall be one-
half (1/2) the height of the building, or ten (10) feet,
whichever is greater.
Uninhabitable building elements – such as chimneys and
projecting eaves may encroach up to three (3) feet in to a
required setback.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 1.01.030 (C) (2)
and (3)
For new development along developed or zoned
residential properties the rear setback shall be equal to one
and one-half (1.5) times the height of the building with a
minimum setback of 20 feet.
Uninhabitable building elements – such as chimneys and
projecting eaves may encroach up to three (3) feet in to a
required setback.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 1.01.030 (D)
The main building entrance to all buildings shall be located
on the front building facade, a fronting building corner, or
a side-facing facade visible from the street frontage. Other
orientations may be permitted subject to City review.
Yes Buildings are oriented to have entrances along
Stevens Creek Blvd where possible.
Site Development and Parking
Section 1.01.040 (A)
(1)
Direct pedestrian access in the form of a walkway shall be
provided from the Stevens Creek Boulevard sidewalk to Yes Buildings are oriented to have entrances along
Stevens Creek Blvd where possible and
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the main building entrance, i.e., pedestrian access to
building entrances shall not require walking between
parking spaces.
pathways are provided from Stevens Creek
sidewalk to fronting residences.
Section 1.01.040 (A)
(2) (a)
Maximum number of curb cuts shall be one (1) two-way
curb cut or two (2) one-way curb cuts on Stevens Creek
Boulevard. Additional curb cuts may be allowed upon
review and approval by the Public Works Department.
Yes
The proposed project incorporates two
driveway accesses, consistent with the
requirements for fire access and the existing
site conditions.
Section 1.01.040 (A)
(2) (d)Service access shall be from rear parking areas.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 1.01.040 (B) (2) No visible parking garages shall be permitted along
Stevens Creek Boulevard. Yes No garages proposed to be facing Stevens
Creek Boulevard.
Section 1.01.040 (C) (2)
(a)
Common, usable outdoor space shall be provided for all
multi-unit buildings. A minimum of one hundred fifty
(150) square feet shall be provided for each unit excluding
required setback areas; see Design Guidelines.
Yes
Provided plans show calculations for common
open space in all landscaped areas excluding
the area within required setbacks.
Section 1.01.040 (C) (2)
(b)
Private outdoor space shall also be provided with at least
sixty (60) square feet for each unit. Private space shall be in
the form of a patio or deck attached to the unit, not less
than six (6) feet clear in any dimension.
Density Bonus
Waiver
Requested
Minimum of 60 square feet of private outdoor
space provided per unit. Density Bonus Waiver
requested to reduce the minimum clearance.
Section 1.01.040 (D)
(1)
All new development shall establish an easement twenty-
six (26) feet in width along the Stevens Creek Boulevard
frontage. The easement shall consist of:
(i) a curbside planting strip ten 10) feet in width,
(ii) a sidewalk six (6) feet in width, and
(iii) a back-of-walk planting strip ten (10) feet in width.
Planting strip areas shall contain low growing
groundcover and street trees in accordance with the
policies of the Streetscape Element.
Yes Easement and dedication will be required as a
condition of approval of the Final Map.
Section 1.01.040 (D)
(2)
Adjacent to designated or developed residential properties
attractive screen fencing or walls shall be provided along
the side or rear property lines to screen buildings, service
areas, and parking areas; a minimum five (5) foot planting
area shall be established within and adjacent to the fence or
wall with evergreen trees planted at a minimum spacing of
twenty-five (25) feet on center. Lighting from commercial
uses shall be screened from adjacent residential properties.
Yes
The project provides landscaping areas with
trees adjacent to the southern property line
bordering the existing single-family
neighborhood. The project is conditioned to
ensure that these landscaped areas remain clear
of accessory structures.
Section 1.01.040 (D)
(3)
Shade trees at a spacing of approximately twenty-five (25)
feet on center shall be planted within required curbside
planting strips.
Yes Shade trees are provided to the extent feasible
based on the existing traffic requirements.
Section 1.01.040 (D)
(4)
Screen Fences and Walls – Where the fence or wall is not
adjacent to residential property, streets and sidewalks, the
fence or wall shall be a minimum of six (6) feet in height
and a maximum of eight (8) feet in height. Where a
commercial and residential property share a common
property line, the sound wall separating the uses shall have
a minimum height of eight (8) feet. The sound wall may be
taller than eight (8) feet subject to approval as part of a
development plan.
Yes Existing ten-foot walls to remain and eight-foot
fences are proposed.
Section 1.01.040 (E) (1) Variety in the Design of Building Facades – shall be
required so that block frontages are varied and attractive. Yes Variation in the design of building facades has
been provided.
Section 1.01.040 (E) (2)
Building forms shall be such that buildings adjacent to
residentially developed parcels shall be stepped back or
terraced or have adequate setback so that privacy is
maintained. Buildings requiring terracing shall have a 1.5:1
setback to height ratio.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Site Improvements and Landscaping Guidelines
Section 2.01.040 (C) Chain link, barbed wire and razor wire fencing are not
allowed. Yes No chain link, barbed wire, or razor wire
fencing is proposed.
Street Plantings
The planting theme is a “Flowering Orchard.” It features a
formal planting of Flowering Pear (Pyrus calleriana
“Chanticleer”) and low growing groundcover in curbside
planting strips.
Yes Proposed street tree type and planting
complies.
Cupertino Municipal Code – Zoning Ordinance (CMC Title 19)
Reference Municipal Code Requirement Consistent? City Comment
Chapter 19.36 Standards
Section 19.36.070 (A) Maximum Lot Coverage – 40% of net lot area
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 19.36.070 (G)
Minimize privacy intrusion into all or a significant portion
of private outdoor spaces, or interior spaces through the
use of windowless walls, atria, enclosed courtyards, and
buildings oriented to public and private streets, or other
techniques which rely upon structural design rather than
mitigation relying solely upon a landscaping solution.
Yes
Privacy intrusion measures, including building
design and privacy screening have been
incorporated to minimize privacy intrusion into
neighboring residential properties.
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Section 19.36.070 (I)
No parking shall be permitted in a setback area where the
lot adjoins property located in a single-family (R-1) zoning
district.
Yes No parking is proposed in the setback area
adjacent to a single-family (R-1) zoning district.
Chapter 19.48 Standards
Section 19.48.020
Fences and walls separating commercial, industrial, offices,
and institutional zones from residential zones shall be
constructed at a height and with materials designed to:
a.Acoustically isolate part of or all noise emitted by
future uses within the commercial, industrial, offices,
or institutional zones. The degree of acoustical
isolation shall be determined during the design
review process.
b.Ensure visual privacy for adjoining residential
dwelling units.
Yes
Sound attenuation fencing is not required
between commercial and mixed-use sites. The
applicant has proposed an 8’ sound attenuation
fence to address potential noise impacts and an
existing 10’ wall will address privacy impacts.
Chapter 19.102 Standards
Section 19.102.030
(A)
All projects that are subject to the bird-safe development
requirements shall submit the following:
1. Elevation drawings indicating the bird-safe
treatment and how the proposed treatment meets
the requirements of Section 19.102.030(B) and (D);
2. Cross sections, if required;
3. Other exhibits indicating consideration and
incorporation of the regulations in Section
19.102.030(B), (C), and (D); and
4. Biologist report in support of alternative compliance
method pursuant to Section 19.102.030(B)(3), if
proposed.
Yes Insect netting is proposed to meet
requirements.
Section 19.102.030 (B)
1.Façades of all projects subject to bird-safe development
requirements shall have:
a. No more than 10% of the surface area of the façade
be untreated glass between the ground and 60 feet
above ground.
b.No more than 5% of the surface area of the façade
be untreated glass between 60 feet above ground
and up.
2. Standard Compliance Treatments: The Planning
Division may maintain a list of acceptable bird-safe
treatments that may be updated from time to time. The
list may include, but not be limited to, permanent
treatments such as opaque glass, window muntins,
exterior insect screens, exterior netting, or special glass
treatments such as fritting to provide visual cues and
reduce the likelihood of bird collisions. Glass
treatments must have high color contrast with the
glass and be applied to the outermost surface. Prior to
publication of the list, the Planning Division may
review information available from interest groups,
such as the National Audubon Society.
3.Alternative Compliance Method: Property
owners/applicants may propose an alternate
compliance method recommended by a qualified
biologist to meet the requirements and intent of this
section. The alternate compliance method shall be
peer-reviewed by a third-party consultant, paid for by
the applicant, and subject to the approval of the
Director of Community Development.
Yes
Insect netting is proposed to meet requirements
and no more than 10% of the surface area of
each façade will be untreated glass.
Section 19.102.030 (D)
All projects shall:
1.Avoid the funneling of flight paths along buildings
or trees towards a building façade.
2.Avoid use of highly reflective glass or highly
transparent glass.
3. Not include skyways or walkways, balconies,
freestanding walls, or building corners made of
untreated glass or other transparent materials, or
any other design elements that are untreated and
through which trees, landscape areas, water
features or the sky are visible from the exterior or
from one side of the transparent element to the
other.
Yes Proposed design complies with these
requirements.
Section 19.102.040 (A)
Projects subject to outdoor lighting regulations must
submit the following information:
1. A site plan indicating the location of all outdoor
lighting fixtures.
2.A description of each lighting fixture. This
description may include, but not be limited to,
manufacturer’s catalog cuts and drawings
Yes, as
Conditioned
The project has been conditioned to provide all
required information and meet all dark sky
lighting requirements prior to issuance of
Building Permits.
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(including sections if requested), lamp types, and
lumen outputs.
3. Photometric plans, prepared, stamped and signed
by a licensed professional engineer qualified in
outdoor lighting, depicting the location of all
outdoor lighting fixtures and building-mounted
lighting fixtures and a maximum ten-foot by ten-
foot grid of both the initial and maintained lighting
levels on the site, including any impact on adjacent
properties.
4.The project lighting plan shall indicate how lighting
has been coordinated with any associated
landscaping plan to prevent site planning conflicts.
Section 19.102.040 (B)
(1)
All outdoor lighting shall be fully shielded fixtures,
directed downward to meet the particular need and away
from adjacent properties and rights-of way to avoid light
trespass, except:
a.Low-voltage Landscape Lighting: Low-voltage
landscape lighting, such as that used to illuminate
fountains, shrubbery, trees, and walkways, do not
have to be shielded fixtures and may use
uplighting, provided that they use no more than ten
(10) watt incandescent bulb or LED equivalent, or a
maximum of 150 lumens (whichever is less),and not
directed toward the right-of-way.
b.Architectural Features: Uplighting may be used to
highlight special architectural features.
c.Public Art: Alternative lighting standards may be
used to illuminate public art or serve as public art
subject to the review and approval by the Arts and
Culture Commission.
d.Historic Lighting Fixtures: Lighting fixtures that are
historic or that exhibit a historical period
appearance, as determined by the Director of
Community Development, need not be fully
shielded.
e.String Lighting: String Lighting may be used in
compliance with Section 19.102.040 (B) (12)
Yes, as
Conditioned
The project is conditioned to provide compliant
light fixtures, prior to Building Permit issuance.
Section 19.102.040 (B)
(2)
a.No exterior light, combination of exterior lights, or
activity shall cast light exceeding zero point one (0.1)
foot-candle onto an adjacent or nearby property, with
the illumination level measured at the property line
between the lot on which the light is located and the
adjacent lot, at the point nearest to the light source,
except if two adjacent properties are non-residential, or
function as a shopping center, and agree to coordinate
lighting.
b.No direct off-site glare from a light source shall be
visible above three feet at a public right-of-way.
c.The maximum light intensity on a site shall not exceed
a maintained value of ten foot-candles, when
measured at finished grade.
d.Parking lots, sidewalks and other areas accessible to
pedestrians and automobiles on properties with four
or more units, mixed-use development, and non-
residential development shall be illuminated with
uniform and adequate intensity. Typical standards to
achieve uniform and adequate intensity are:
i.Average horizontal maintained illumination
shall not be more than three foot-candle.
ii.Maximum to minimum ratio should be between
6:1 and 10:1, but shall not be more than 10:1.
e.Critical areas of illumination such as stairways, ramps
and main walkways may have a higher illumination.
Yes, as
Conditioned
The project has been conditioned to provide all
required information and meet all dark sky
lighting requirements prior to issuance of
Building Permits.
Section 19.102.040 (B)
(3)
All light sources shall have a maintained correlated color
temperature of 3,000 Kelvin or less
Yes, as
Conditioned
The project has been conditioned to provide all
required information and meet all dark sky
lighting requirements prior to issuance of
Building Permits.
Section 19.102.040 (B)
(4)
All outdoor lighting shall be fully extinguished or be
motion sensor operated by 11:00 p.m. or when people are
no longer present in exterior areas, whichever is later,
except for:
a. Critical lighting pursuant to section 2(e) above;
b.Any lighting at building entrances, parking areas,
walkways, and driveways area required to remain
illuminated after 11:00 p.m. by the California
Yes
Only critical areas of illumination are to remain
illuminated after 11 p.m., consistent with CBC
requirements.
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Building Code or state law;
c. Lighting of an appropriate intensity, allowed in
conjunction with uses that are permitted to operate
past 11:00 p.m., with a conditional use permit; and
d. Outdoor solar powered pathway lights that are 25
lumens or less.
e. Lighting that illuminates a pedestrian pathway
(examples include bollard, in-place step, or building
mounted), provided that such lighting is a
maximum height of four (4) feet above the pathway,
fully shielded, and downward directed
Section 19.102.040 (B)
(5)
Automated control systems, such as motion sensors and
timers, shall be used to meet the outdoor lighting
requirements.
a. Photocells or photocontrols shall be used to
extinguish all outdoor lighting automatically when
sufficient daylight is available.
b. All lighting activated by motion sensors shall
extinguish no more than 10 minutes after activation.
c. Automated controls shall be full programmable and
supported by battery or similar backup
Yes, as
Conditioned
A condition of approval is included to ensure
that any proposed lighting will remain in
compliance with this standard.
Section 19.102.040 (B)
(6)
Security lighting may be provided when necessary to
protect persons and property. When security lighting is
utilized only the following standards shall apply:
a. Security lighting shall be controlled by a
programmable motion-sensor device, except where
continuous lighting is required by the California
Building Code. All lighting activated by motion
sensors shall extinguish no more than 10 minutes
after activation. Automated controls shall be fully
programmable and supported by battery or similar
backup.
b. Security lighting shall be downward directed,
shielded, and not be mounted at a height that
exceeds 12 feet, measured from the adjacent grade
to the bottom of the fixture.
c. Floodlights shall not be permitted.
d. Security lights intended to illuminate a perimeter,
such as a fence line, are permitted only if such lights
do not result in light trespass.
e. Motion-activated security lights shall not use lamps
that exceed 100 watt incandescent bulb or LED
equivalent, or a maximum of 1,600 lumens
(whichever is less)
Yes, as
Conditioned
A condition of approval is included to ensure
that any proposed lighting will remain in
compliance with this standard.
Section 19.102.040 (B)
(7)
a. Lighting fixtures must be of a design that complements
building and landscaping design.
b. Lighting fixtures shall be appropriate in height,
intensity, and scale to the use they are serving.
c. Parking lot lights in non-residential zones shall not
exceed a height of 21 feet, and any wall-mounted lights
shall not exceed a height of 12 feet, measured from the
adjacent grade to the bottom of the fixture.
Yes
Proposed lights do not exceed the height
limitations of this standard and are designs that
complement the building and landscaping
design.
Chapter 19.124 Standards
Section 19.124.030
(A) (2)
Vehicles may be placed, kept or parked these areas,
provided a minimum clearance of three feet is maintained
from any structure.
Yes Clearance is maintained for unenclosed parking
areas.
Section 19.124.040 (A) Multi-Family Use – Two spaces per unit (1 covered and 1
open) of 10’ x 20’ each Yes 118 parking spaces provided for the proposed
59 units.
Section 19.124.040 (K)
The accessible parking requirement for the disabled is
embodied in Section 1129 B of the California Building
Code, as amended, is hereby incorporated into this chapter
by reference.
Yes Accessible parking provided.
Section 19.124.040 (N)
(1) 5% of total parking area shall be provided as landscaping. Yes Planting area adjacent to parking exceeds 5% of
parking area.
Section 19.124.040 (N)
(2)
Parking lot trees:
i. Shall be planted or exist at a rate of one tree for every
five parking stalls for every ten spaces in a single
row.
ii. Only fifty percent of the trees located along the
perimeter of the parking area may count towards the
required number of trees.
iii. A parking facility with larger trees with high
canopies may be allowed to increase the number of
parking stalls (up to 10 parking stalls per tree)
depending on the size of the tree and canopy size.
Yes Less than 10 spaces proposed, no trees
required.
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Section 19.124.040 (N)
(3)
Landscape Planter Strip shall be at least three feet wide by
the length of the parking space.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 19.124.040 (N)
(4)
Trees shall be offset to prevent vehicles from bumping into
them. Yes No trees are provided in parking areas.
Section 19.124.040 (N)
(5)
When parking is provided adjacent to a side or rear
property line, landscape buffer (inclusive of curbing and
vehicle overhang allowance) shall be five feet wide.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 19.124.040 (N)
(6)
a. Landscape areas shall be enclosed by a six-inch wide
continuous flat curb allowing parking lot run off into
landscaping area, infiltration islands or swales.
b. Concrete wheel stops shall be placed on top of the
flat curb and shall be provided at a rate of one per
two stalls.
c. Landscape planter strips at the end of the parking
aisles adjacent to a driveway shall be enclosed by a
six-inch raised concrete curb with drainage outlets to
help delineate the driveways or aisles.
d. Parking stall length may be decreased by up to two
feet but must provide an equivalent vehicle
overhang into landscaped areas.
Yes Parking area details show that parking area
landscaping meets these requirements.
Section 19.124.040 (N)
(7)
Curbed planter strips shall be provided at the end of each
parking aisle. Landscape planter strip shall be at least three
feet wide and the length of a parking stall.
Yes Parking aisle are bordered by landscape areas.
Section 19.124.040 (N)
(9)
Trees required to meet any section of this title shall be a
minimum of fifteen-gallon size. Yes No parking lot trees required.
Section 19.124.040 (N)
(10)
All trees shall be protected by wheel stops, curbing,
bollards or other similar barriers as appropriate. Yes All trees are located behind curbs, wheel stops,
and other similar barriers.
Section 19.124.040 (O)
(1)
In order to reduce urban runoff and provide water quality
benefits in parking lots, all new parking lots shall
incorporate bio-swales in the required landscaping buffers
meeting the following standards:
i. Longitudinal slope of the swale shall be between one
percent and five percent.
ii. Swales of greater than three percent may be required to
install check dams to reduce velocity through swale.
iii. Side slope shall not exceed 3:1 (horizontal : vertical).
iv. All swales shall be required to provide an adequate
under-drain system to prevent ponding. Swales shall be
designed to eliminate any ponding of water for more
than forty-eight hours
Yes Plans include bio-swales in accordance with
this standard.
Section 19.124.040 (O)
(2)
Use permeable or semi-permeable materials for the parking
stalls. Yes Design includes use of pervious and/or semi-
pervious paving in parking stalls.
Section 19.124.040 (P)
Bicycle parking shall be provided in multi-family
residential developments at a rate of one Class I space per
two residential units.
These facilities are intended for long-term parking and are
intended to protect the entire bicycle or its individual
components and accessories from theft. The facility also
protects the cycle from inclement weather, including wind
driven rain. The three design alternatives for Class I
facilities are as follows:
a. Bicycle Locker
b. Restricted Access
c. Enclosed Cages
Yes
Long term bicycle parking is provided within
the parking garages of each individual unit and
short-term bicycle parking is provided
throughout the project site.
Section 19.124.040 (Q)
(1)
All lighting in parking areas shall be 3,000 Kelvin or less
unless otherwise approved as part of a development plan
for uniformity, not allowing any dark areas in the parking
lot.
Yes The proposed lighting temperature is 3000K.
Section 19.124.040 (Q)
(2)
i. The light fixtures shall be oriented and designed to
preclude any light and direct glare to adjacent
residential properties.
ii. No direct off-site glare from a light source shall be
visible above three feet at a public right-of-way.
Yes, as
Conditioned
The project has been conditioned to comply
with the City’s lighting requirements prior to
issuance of Building Permits.
Section 19.124.040 (Q)
(3)
Parking lots, sidewalks and other areas accessible to
pedestrians and automobiles shall be illuminated with a
uniform and adequate intensity. Typical standards to
achieve uniform and adequate intensity are:
a. Average Horizontal Maintained Illumination –
Between one and three foot-candles
b. Average Maximum to Minimum Ratio – Should be
generally between six and ten to one
c. Minimum Intensity Above Parking Lot Surface –
Minimum three foot-candles vertically above the
parking lot surface shall be maintained.
Yes, as
Conditioned
The project has been conditioned to comply
with the City’s lighting requirements prior to
issuance of Building Permits.
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Section 19.124.040 (Q)
(4)
Critical areas such as stairways, ramps and main walkways
may have a higher illumination. Yes Higher illumination is proposed for primary
walkway.
Section 19.124.040 (Q)
(5)
Shatter resistant lenses shall be placed over the light to
deter vandalism Yes Proposed lights include shatter resistant lenses.
Cupertino Municipal Code – Subdivision Ordinance (CMC Title 18)
Reference Municipal Code Requirement Consistent? City Comment
Chapter 18.12 Standards
Section 18.12.020 (A) A tentative map and final map shall be required for all
subdivisions of land creating five or more parcels… Yes Vesting Tentative Map (Sheet TM-1) provided.
Chapter 18.16 Standards
Section 18.16.010 The tentative map …shall be prepared by a registered civil
engineer or licensed surveyor… Yes The provided Tentative Map was prepared by
a registered civil engineer.
Section 18.16.030 Public utilities and agencies shall certify that the
subdivision can be adequately served. Yes Will serve letters from applicable utility
services were provided.
Chapter 18.32 Standards
Section 18.32.030
The frontage of each lot shall be improved to its ultimate
adopted geometric section, including street structural
section, curbs, sidewalks, driveway approaches and
transitions.
Yes, as
Conditioned
To be completed in accordance with Public
Works’ conditions of approval.
Section 18.32.040
Stormwater runoff from the subdivision shall be collected
and conveyed by an approved storm drain system. The
storm drain system shall be designed for ultimate
development of the watershed. The storm drain system
shall provide for the protection of abutting and offsite
properties that would be adversely affected by any increase
in runoff attributed to the development; off-site storm
drain improvements may be required to satisfy this
requirement.
Yes, as
Conditioned
To be completed in accordance with Public
Works’ conditions of approval.
Section 18.32.050 Each unit or lot within the subdivision shall be served by
an approved sanitary sewer system.
Yes, as
Conditioned
Project is conditioned to meet Sanitary District
requirements based on District comments.
Section 18.32.060 Each unit or lot within the subdivision shall be served by
an approved domestic water system. Yes Will serve from Cal Water provided.
Section 18.32.070
A. Each unit or lot within the subdivision shall be served
by gas (if required), electric, telephone and
cablevision facilities. All utilities within the
subdivision and along peripheral streets shall be
placed underground in accordance with Chapters
14.20 and 14.24, of this code, except those facilities
exempted by the Public Utilities Commission
regulations. Undergrounding shall be required for
overhead lines on both sides of peripheral streets.
B. For subdivisions of five or more parcels, the
subdivider may request that the undergrounding
requirement along peripheral streets be waived by the
Planning Commission. The Planning Commission
may, at its discretion, accept a fee in lieu of the
undergrounding. The amount of fee shall be
determined by the City Engineer and shall be one-half
of the normal cost of undergrounding existing utilities
on residential streets. The requirement for
undergrounding or the acceptance of an in-lieu-of-
undergrounding fee shall be made a condition of
approval of the tentative map.
C. For subdivision of five or more parcels the developer
may appeal the undergrounding requirement along
peripheral streets to the City Council. Such appeal
shall be in accordance with Section 18.20.070 of this
title. The appeal shall be accompanied by an estimate
from each utility company for the approximate cost
per lineal foot and total cost to underground its
facilities along the peripheral street.
The developer shall pay all fees as may be charged by
each utility company to make the required estimate.
D. The City Council or City Engineer, as the case may be,
may, at its discretion, accept a fee in lieu of the
undergrounding of existing facilities along peripheral
streets. The amount of fee shall not be less than the
amount established by the City Engineer for the
normal cost of undergrounding of existing utilities
along residential streets.
E. In-lieu fees shall be deposited in a special
undergrounding account to be used as approved by
the City Council for future undergrounding of
utilities throughout the City.
Yes
Undergrounding of utilities is proposed, to the
extent feasible. Project is conditioned to comply
with Public Works requirements for new utility
lines.
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Section 18.32.110
A. The design of a subdivision for which a tentative map
is required, pursuant to Chapter 18.12 of this title,
shall provide, to the extent feasible, for future passive
or natural heating or cooling opportunities in the
subdivision.
B. Examples of passive or natural heating opportunities
in subdivision design include design of lot size and
configuration to permit orientation of a structure in
an east-west alignment for southern exposure.
C. Examples of passive or natural cooling opportunities
in subdivision design include design of lot size and
configuration to permit orientation of a structure to
take advantage of shade or prevailing breezes.
D. In providing for future passive or natural heating or
cooling opportunities in the design of a subdivision,
consideration shall be given to local climate, to
contour, to configuration of the parcel to be divided,
and to other design and improvement requirements,
and such provision shall not result in reducing
allowable densities or the percentage of a lot which
may be occupied by a building or structure under
applicable planning and zoning in force at the time
the tentative map is filed.
E. The requirements of this section do not apply to
condominium projects or stock cooperatives which
consist of the subdivision of airspace in an existing
building when no new structures are added.
F. For the purpose of this section, "feasible" means
capable of being accomplished in a successful manner
within a reasonable period of time taking into account
economic, environmental, social and technological
factors.
Yes Buildings are oriented in the east-west
alignment to the extent feasible.
Section 18.32.120 (A)
The subdivision shall abut upon or have an approved
access to a public street. Each unit or lot within the
subdivision shall have an approved access to a public or
private street. Flag lot access shall be a minimum of twenty
feet in width unless approved by the City Engineer.
Yes
Proposed subdivision provides access to public
street (Stevens Creek Boulevard) and each
proposed unit has access to a public or private
street.
Cupertino Municipal Code – Environmental Regulation Ordinance (CMC Title 17)
Reference Municipal Code Requirement Consistent? City Comment
Chapter 17.04
Section 17.04.030 (B)
(1)
Compliance with the requirements shall be demonstrated
for all residential projects involving the development of
four or more residential units, through submittal and
implementation of a construction management plan and/or
permit plans, as applicable, prior to issuance of an approval
to the satisfaction of the City.
Yes, as
Conditioned
Draft construction management plan provided.
Project will be conditioned to meet all
applicable requirements of Title 17.
Section 17.04.040 (B)
(1)
The following standard environmental protection
technical reports are subject to third-party peer review
under the direction of the City at the applicant’s cost, prior
to the approval of the project.
Retain the services of a qualified environmental consultant
with experience preparing Phase I Environmental Site
Assessments (ESAs) to prepare a Phase I ESA in accordance
with the American Society for Testing and Materials
(ASTM) Standards on Environmental Site Assessments,
ASTM E 1527-13 (ASTM 1527-13) and in accordance with
the U.S. Environmental Protection Agency’s (EPA’s)
Standards and Practices for All Appropriate Inquiries (40
Code of Federal Regulations 312), published November
2005, as subsequently revised, supplemented, or replaced.
The goal of an ASTM Phase I ESA is to evaluate site
history, existing observable conditions, current site use,
and current and former uses of surrounding properties to
identify the potential presence of Recognized
Environmental Conditions (RECs) as defined in ASTM E
1527-13, associated with the site. If the Phase I ESA does
not identify any RECs, then no further action is needed. If
the Phase I ESA identifies RECs, then a Phase II ESA shall
be prepared as described in Section B.2.
Yes, as
Conditioned
The project has been peer reviewed for
compliance with the City’s requirements and
recommended conditions of approval have
been incorporated into the proposed
resolutions.
Section 17.04.040 (C)
Project applicants shall prepare a vehicle miles traveled
(VMT) analysis, which shall include a comparison of
existing VMT and project-generated VMT, for review and
approval prior to project approval, indicating that the
project meets the standards in Section 17.08.040 (Vehicle
Yes VMT memo provided and peer reviewed.
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Miles Traveled (VMT) Standards).
Section 17.04.040 (D)
The project applicant shall provide a vibration study to
determine vibration levels due to construction to the City,
prior to approval of the project, when the following
activities would occur within the screening distance to
buildings or structures:
• pile driving within 100 feet,
• vibratory roller within 25 feet, or
• other heavy equipment (e.g., bulldozer) within 15
feet;
For historical structures:
• pile driving within 135 feet,
• vibratory roller within 40 feet, or
• other heavy equipment within 20 feet
If vibration levels due to construction activities exceeds 0.2
inches per second peak particle velocity (in/sec PPV) at
nearby buildings or structures, or 0.12 in/sec PPV at
historical structures, the project shall implement the
following alternative methods/equipment:
a. For pile driving, one of the following options shall be
used: caisson drilling (drilled piles), vibratory pile
drivers, oscillating or rotating pile installation
methods, or jetting or partial jetting of piles into
place using a water injection at the tip of the pile.
b. For paving, use a static roller in lieu of a vibratory
roller.
c. For grading and earthwork activities, off-road
equipment that shall be limited to 100 horsepower or
less.
Yes
Per the applicant’s acoustic study, none of the
activities listed are proposed within the
screening distances for the project and potential
construction vibration levels will meet City
standards.
Cupertino Municipal Code – Building and Construction Regulation Ordinance (CMC Title 16)
Reference Municipal Code Requirement Consistent? City Comment
Section 16.08.200 (E)
3. All swales or ditches on drainage terraces shall be
graded to provide suitable drainage and designed to
prevent erosion, including a suitable lining as
specified by the Director.
4. Drainage across lot lines caused by grading is
prohibited unless storm drain easements are provided.
Yes To be completed in accordance with Public
Works’ conditions of approval.
Chapter 16.58 Standards
Section 16.58.230
Greater than 9 Residential Single Family and Multi-Family
homes (Verified by a Third Party GPR or LEED
certification as applicable
Alternate Reference Standard: See Section 101.10.2):
• GPR certified at minimum 50 points or
• LEED Silver or
• Alternate Reference Standard per Section 101.10.2
Yes, as
Conditioned
The project will comply with the Green Point
Rated (GPR) requirements and design will be
subject to peer review at time of Building Permit
review.
Cupertino Municipal Code – Landscape Ordinance (CMC Title 14)
Reference Municipal Code Requirement Consistent? City Comment
Chapter 14.18 Standards
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Section 14.18.110 (A)
An application request to remove a mature specimen tree
with a single-trunk DBH of twelve inches to twenty-four
inches (multi-trunk twenty-four to forty-eight inches
DBH), shall provide the following:
a. A drawing outlining the location of the tree(s) and
proposed tree replacements.
b. A written explanation of why the tree(s) should be
removed.
c. Signature of the property owner and/or
homeowner’s association (where applicable) with
proof of a vote of the homeowner’s association;
d. Permit fee, where applicable.
An application request to remove a heritage tree, privacy
planting tree, approved development tree, or mature
specimen tree with single-trunk DBH greater than twenty-
four inches or multi-trunk greater than forty-eight inches
DBH, require the following in addition to application
requirements a. through d. listed above:
a. Photograph(s) of the tree(s).
b. An arborist report from an arborist certified by the
International Society of Arboriculture.
c. Notice and posting per Section 14.18.130.
Other information deemed necessary by the Director of
Community Development to evaluate the tree removal
request.
Yes Replacement trees provided on site.
Cupertino Municipal Code – Parks Ordinance (CMC Title 13)
Reference Municipal Code Requirement Consistent? City Comment
Chapter 13.08 Standards
Section 13.08.050 (A) -
(E)
Where dedication of a park or recreational facility is
required pursuant to this Chapter, land shall be dedicated
per the formula below.
Park land dedication (in acres) = (Average number of
persons/DU) x (Park Acreage Standard) x (Number of
Dwelling Units)
The Park Acreage Standard is three acres of property for
each one thousand persons.
Table 13.08.050 indicates the average park land dedication
required per dwelling unit based on development density
per the formula above (Section 13.08.050.A).
Average number of persons/DU shall be determined
pursuant to Table 13.08.050.
The number of dwelling units is calculated consistent with
Section 13.08.090.
Yes In-lieu fee payment requested.
Cupertino Housing Mitigation Manual
Reference Housing Mitigation Manual Requirement Consistent? City Comment
Section 2.3.1 When a development provides Ownership Below-Market-
Rate (BMR) units, the affordability requirements for units
shall be as follows:
1. Fifty percent (50%) of BMR units as median-income and
fifty percent (50%) as moderate-income.
Yes
Six median and six moderate income units
provided.
Section 2.3.4 (A) BMR units shall be comparable to market rate units in
terms of unit type, number of bedrooms per unit, quality of
exterior appearance and overall quality of construction.
Yes
Proposed BMR units are comparable to market
rate units.
Section 2.3.4 (D) The BMR units shall be dispersed throughout the
residential project. Yes BMR units dispersed throughout project.
Section 4.3 New ownership projects with five or more units or lots
shall provide at least 20% of the units or lots as BMR
ownership units or lots per Section 2.3
Yes
12 BMR units proposed.
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20840 Stevens Creek Boulevard
Townhomes Project
CEQA Exemption
City of Cupertino
Prepared for:
City of Cupertino
Contact: Emi Sugiyama, Associate Planner
City of Cupertino | Planning Division
10300 Torre Avenue | Cupertino, CA 95014
(408) 777-3205
EmiS@cupertino.org
Prepared by:
PlaceWorks
Contact: Vivian Kha, Associate II
2040 Bancroft Way, Suite 400 | Berkeley, CA 94704
(510) 848-3815
info@placeworks.com
www.placeworks.com
June 2025
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Section Page
1. INTRODUCTION ................................................................................................................................................ 5
1.1 CATEGORICAL EXEMPTION ................................................................................................................... 5
1.2 STANDARD ENVIRONMENTAL PROTECTION REQUIREMENTS ............................................................. 6
2. PROJECT DESCRIPTION ..................................................................................................................................... 7
2.1 REGIONAL LOCATION ............................................................................................................................ 7
2.2 PROJECT SITE ........................................................................................................................................ 7
2.3 LAND USE AND ZONING DESIGNATIONS ............................................................................................ 12
2.4 PROPOSED PROJECT ........................................................................................................................... 14
3. EXEMPTION ................................................................................................................................................... 23
3.1 CEQA GUIDELINES SECTION 15332(A): GENERAL PLAN AND ZONING CONSISTENCY ....................... 24
3.2 CEQA GUIDELINES SECTION 15332(B): PROJECT LOCATION, SIZE, AND CONTEXT ............................ 25
3.3 CEQA GUIDELINES SECTION 15332(C): ENDANGERED, RARE, OR THREATENED SPECIES ................. 25
3.4 CEQA GUIDELINES SECTION 15332(D): TRAFFIC, NOISE, AIR QUALITY, OR WATER QUALITY ............ 29
3.5 CEQA GUIDELINES SECTION 15332(E): UTILITIES AND PUBLIC SERVICES .......................................... 53
4. EXCEPTIONS ................................................................................................................................................... 57
4.1 CEQA GUIDELINES SECTION 15300.2(A): LOCATION .......................................................................... 57
4.2 CEQA GUIDELINES SECTION 15300.2(B): CUMULATIVE IMPACT........................................................ 57
4.3 CEQA GUIDELINES SECTION 15300.2(C): SIGNIFICANT EFFECT ......................................................... 58
4.4 CEQA GUIDELINES SECTION 15300.2(D): SCENIC HIGHWAYS ............................................................ 58
4.5 CEQA GUIDELINES SECTION 15300.2(E): HAZARDOUS WASTE SITES ................................................ 58
4.6 CEQA GUIDELINES SECTION 15300.2(F): HISTORICAL RESOURCES .................................................... 60
5. CONCLUSION .................................................................................................................................................. 65
6. LIST OF PREPARERS ........................................................................................................................................ 67
CITY OF CUPERTINO .......................................................................................................................................... 67
PLACEWORKS .................................................................................................................................................... 67
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Figures
Figure 2-1 Regional and Vicinity Map .................................................................................................................... 8
Figure 2-2 Aerial View of Project Site and Surroundings ....................................................................................... 9
Figure 2-3 Proposed Site Plan .............................................................................................................................. 15
Tables
Table 3 -1 Construction Equipment Noise Levels ................................................................................................ 34
Table 3 -2 Noise Levels at Property Lines ............................................................................................................ 36
Table 3 -3 Construction Equipment Vibration Levels .......................................................................................... 37
Table 3 -4 Construction Emissions ....................................................................................................................... 41
Table 3 -5 Operational Emissions ........................................................................................................................ 42
Table 3-6 Health Risk Impacts to MEIs ............................................................................................................... 44
Table 3-7 Cupertino Climate Action Plan Consistency Matrix ............................................................................ 47
Appendices
Appendix A Biological Assessment
Appendix B Environmental Site Assessments
Appendix C Transportation Analysis
Appendix D Preliminary Arborist Report
Appendix E Noise Assessment
Appendix F Air Quality Assessment
SOURCES
All documents cited in this report and used in its preparation are hereby incorporated by reference into this
document. Copies of documents referenced herein are available for review at the City of Cupertino
Community Development Department at 10300 Torre Avenue, Cupertino, California 95014.
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1. Introduction
This section describes the standards for determining a significant effect on the environment from
construction and operation of the proposed 20840 Stevens Creek Boulevard Townhomes Project (proposed
project) pursuant to the requirements of the California Environmental Quality Act (CEQA). Additionally, this
section describes the standards in the City of Cupertino Municipal Code (CMC) Chapter 17.04, Cupertino
Standard Environmental Protection Requirements, that apply to all projects in Cupertino.
1.1 CATEGORICAL EXEMPTION
Article 19 (Categorical Exemptions) of the CEQA Guidelines includes, as required by CEQA Section 21084
(List of Exempt Classes of Projects; Projects Damaging Scenic Resources), a list of classes of projects that
have been determined not to have a significant effect on the environment and, as a result, are exempt from
review under CEQA. This document has been prepared to demonstrate CEQA compliance as it pertains to
the redevelopment of the existing commercial development on the project site into the proposed 59-unit
townhome development, herein referred to as the proposed project. This document also provides
information to decision makers regarding a finding that the proposed project is exempt under CEQA.
This document describes how the proposed project qualifies for a Class 32 CEQA Exemption pursuant to
CEQA Guidelines Section 15332 (Infill Development Projects), which requires that:
(a) The proposed project is consistent with the applicable General Plan designation and all applicable
General Plan policies, as well as the applicable Zoning designations and regulations;
(b) The proposed project would occur within the city limits on a site of less than 5 acres in size that is
substantially surrounded by urban uses;
(c) The project site has no value for endangered, rare or threatened species;
(d) The proposed project would not result in any significant effects related to traffic, noise, air quality or
water quality; and
(e) The project site can be adequately served by all required utilities and public services.
In addition, this document demonstrates that none of the exceptions to categorical exemptions apply
pursuant to CEQA Guidelines Section 15300.2 (Exceptions), which are based on the following:
(a) The project is not located within a sensitive environment;
(b) There would be no cumulative impacts;
(c) There would be no significant effects on the environment due to an unusual circumstance;
(d) There would be no impacts to a scenic highway;
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(e) The project site is not located on a hazardous waste site; and
(f) There would be no impacts to historical resources.
1.2 STANDARD ENVIRONMENTAL PROTECTION REQUIREMENTS
In addition to the standards identified in Section 1.1, Categorical Exemption, all projects in Cupertino are
required to comply with the CMC Chapter 17.04, Standard Environmental Protection Requirements.
Pursuant to CMC Section 17.04.030(A), these requirements apply to every project in the city. Pursuant to
CMC Section 17.04.030(B)(1), because the proposed residential townhome project has more than four
units, compliance must be demonstrated through submittal and implementation of a construction
management plan and/or permit plans, as applicable, prior to issuance of an approval, to the satisfaction
of the City. Pursuant to CMC Chapter 17.04, development projects must submit technical reports for air
quality, hazardous materials, vehicle-miles traveled (VMT), and construction vibration. These reports are
subject to peer review by the City’s third-party reviewers. This chapter of the CMC also includes nine permit
submittal requirements:
1. Air Quality
2. Hazardous Materials
3. Greenhouse Gas Emissions and Energy
4. Biologic Resources
5. Cultural Resources
6. Hydrology and Water Quality
7. Noise and Vibration
8. Paleontological Resources
9. Utilities and Service Systems
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2. Project Description
2.1 REGIONAL LOCATION
The project site is in the city of Cupertino, approximately 38 miles southwest of San Francisco. Cupertino is
on the western edge of Santa Clara County and west of the city of San Jose, south of the city of Sunnyvale,
and north of the city of Los Gatos. Regional access to the project site is provided by Interstate 280 (I-280)
via De Anza Boulevard to the north and Highway 85 from Stevens Creek Boulevard to the west. See Figure
2-1, Regional and Vicinity Map.
2.2 PROJECT SITE
2.2.1 Location
The 2.97-acre project site at 20840 Stevens Creek Boulevard 1 is in the central region of the city, near the
intersection of Stevens Creek Boulevard and Saich Way. The project site is in a Santa Clara Valley
Transportation Authority (VTA) City Cores, Corridors, and Station Areas Priority Development Area (PDA)2
and in a Transit Priority Area (TPA),3 as defined by the Association of Bay Area Governments (ABAG) and
Metropolitan Transportation Commission (MTC). As shown on Figure 2-2, Aerial View of Project Site and
Surroundings, the project site is in a built-up and urbanized area adjacent to the Cupertino Crossroads
Shopping Center, with commercial uses to the north and east, single-family residences to the south, William
Faria Elementary School to the southwest, and religious uses to the west. The project site is bounded by
Stevens Creek Boulevard to the north, a commercial building and surface parking lot to the east, residences
to the south, and the Union Church of Cupertino and Christian Righteousness Education Center Preschool
building to the west.
1 Addresses for the project site include 20770, 20830, 20840, and 20850 Stevens Creen Boulevard, but for the purposes of
this document, a single address (20840 Stevens Creek Boulevard) is used to represent the entire project site.
2 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Priority
Development Areas (Plan Bay Area 2050), https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area-
2050, accessed December 27, 2024.
3 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Transit
Priority Areas (2021), https://www.arcgis.com/apps/mapviewer/index.html?layers=370de9dc4d65402d992a769bf6ac8ef5,
accessed December 27, 2024.
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WilsonPark
Memorial Park
Library
Field
R egnart Creek
N
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R
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Bu
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Mcclellan Rd
N
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A
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B
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A
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N
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85
Figure 2-1
Regional and Vicinity Map
Source: ESRI, 2025; City of Cupertino, 2025; PlaceWorks, 2025.
PROJECT DESCRIPTION
CITY OF CUPERTINO
20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION
0 0.1 0.20.05
Miles
ALAMEDA
COUNTY
SAN MATEO
COUNTY
SANTA CLARA
COUNTY
SANTA
CRUZ
COUNTY
Project Site
City Boundary
County Boundaries
Railroad
Creeks and Waterways
Parks and Open Space
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Stevens Creek Blvd
Figure 2-2
Aerial View of Project Site and Surroundings
Source: Google Maps, 2025; City of Cupertino, 2025; PlaceWorks, 2025.
PROJECT DESCRIPTION
CITY OF CUPERTINO
20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION
0 0.01 0.02
Miles
Project Site
Institutional
(School)
Institutional
(Church)
Commercial
Commercial
Residential
Commercial
Commercial
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Sensitive receptors include places with people that have an increased sensitivity to air pollution, noise, or
environmental contaminants. These sites can include schools, parks and playgrounds, day care centers,
hotels, senior housing, nursing homes, hospitals, and residential dwelling units. Sensitive receptors within
0.25 miles (1,320 feet)4 of the project site include the following:
Single-family residences that share a property line with the project site to the south;
Church and preschool buildings approximately 0.01 miles (53 feet) immediately west and 0.13 miles
(690 feet) to the northwest;
A school facility (William Faria Elementary School) approximately 0.04 miles (210 feet) to the
southwest;
A day care facility (Happy Days Child Development Center) approximately 0.12 miles (634 feet) to the
northeast; and
A medical building (chiropractor) and residential single-family units approximately 0.06 miles (316
feet) to the west.
2.2.2 Existing Site Conditions
As shown on Figure 2-2, the project site is currently developed with three commercial buildings. The project
site also currently includes portions of a shared parking lot and ornamental landscaping associated with the
commercial businesses.
The project site is relatively flat with an elevation of around 263 feet above mean sea level.5 The surficial
geology consists of late Pleistocene older surficial sediments, which is described as older alluvial terrace
gravel, sand, and clay, undeformed.6 No paleontological resources have been identified on the project site;
however, the presence of Pleistocene deposits that are known to contain fossils indicates that the overall
city, including the project site, could contain paleontological resources.7 Unique geological features are not
common in Cupertino. The geology and soils on the project site are common throughout the city and region
and are not considered unique.
4 This distance is consistent with CEQA Guidelines topic Hazards and Hazardous Materials, which asks “Would the project
emit hazardous emissions or handle hazardous materials, substances or waste within 0.25 miles of an existing or proposed
school?”
5 Roux Associates Inc., April 19, 2024, Phase I Environmental Site Assessment, 20830-20850 and 20770 Stevens Creek
Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document).
6 United States Geological Survey and Association of American State Geologists, 2007, Geologic map of the Cupertino and
San Jose West quadrangles, Santa Clara and Santa Cruz Counties, California,
https://ngmdb.usgs.gov/Prodesc/proddesc_83442.htm, accessed December 27, 2024.
7 City of Cupertino, April 2024, Cupertino General Plan Community Vision 2015-2040, Appendix G, General Plan 2040 and
Zoning Code Amendments Environmental Assessment, https://www.cupertino.gov/Your-City/Departments/Community-
Development/Planning/General-Plan/General-Plan-Community-Vision, accessed December 27, 2024.
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Pursuant to CMC Section 17.04.040(B)(1) and (B)(2), the project applicant prepared a Phase I Environmental
Site Assessment (ESA),8 a limited Phase II ESA,9 and an additional Phase II ESA,10 which were subject to a
third-party peer review on behalf of the City. The project site was used for agricultural purposes as orchards
from 1939 through the late 1960s and was improved with buildings between the early 1960s and late 1990s,
until the project site was developed with the three existing commercial buildings. Buildings on the site
included a post office from 1968 through the 1990s and as various restaurants, bakeries, and food stores
between 1971 and 2020, and the current Staples since 2010.11 The Phase I and II ESAs did not reveal
evidence of Recognized Environmental Conditions (REC), controlled RECs, and/or historical RECs at the
project site; however, there was one organochlorine pesticide in exceedance of the Regional Water Quality
Control Board residential environmental screening level for Technical Chlordane,12 which is an insecticide
applied on agricultural crops and livestock and on building foundations between 1947 through 1978.
Neither the Phase I or II ESAs evaluated the likelihood of the on-site buildings to contain asbestos-containing
materials (ACM) or lead-based paint (LBP). Therefore, due to the age of the existing buildings that were
built around 1963, they are conservatively assumed to contain ACMs and/or LBPs, which were unregulated
in construction until the early 1970s.
The existing buildings on the project site are not currently listed on the National Register of Historic Places 13
or the list of California Historical resources,14 nor are they associated with significant cultural events,
persons in California’s past, and do not have any distinctive historical characteristics, and as such do not
have any qualifying historical value.
8 Roux Associates Inc., April 19, 2024, Phase I Environmental Site Assessment, 20830-20850 and 20770 Stevens Creek
Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document).
9 Roux Associates Inc., April 19, 2024, Phase I Environmental Site Assessment, 20830-20850 and 20770 Stevens Creek
Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document).
10 Roux Associates Inc., May 2, 2025, Additional Phase II Investigation, 20830-20850 and 20770 Stevens Creek Boulevard
Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document).
11 Roux Associates Inc., April 19, 2024, Phase I Environmental Site Assessment, 20830-20850 and 20770 Stevens Creek
Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document).
12 Roux Associates Inc., June 4, 2024, Limited Phase II Investigation, 20830-20850 and 20770 Stevens Creek Boulevard
Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document).
13 National Park Service, updated July 10, 2024, National Register of Historic Places,
https://www.nps.gov/subjects/nationalregister/database-research.htm#table, accessed December 27, 2024.
14 California Office of Historic Preservation, 2024, California Historical Resources,
https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43, accessed December 27, 2024.
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According to the Vegetation Map shown in the Environmental Resources and Sustainability Element of the
Cupertino General Plan, the project site is within the urban forest (i.e., trees in the city).15 The City
recognizes that every tree on both public and private property is an important part of Cupertino’s urban
forest and contributes significant economic, environmental, and aesthetic benefits of the community.16 On-
site landscaping includes 54 trees, all of which will be removed. All 54 trees qualify as protected
development trees and will require approval of a tree removal permit prior to removal and replacement. 17
The project site is in a Local Responsibility Area (LRA) but is not in a fire hazard severity zone as designated
by California Department of Forestry and Fire Protection (CAL FIRE). It is approximately 1.7 miles northeast
of a very high fire hazard severity zone in an LRA, and 2 miles east of lands that CAL FIRE designates as a
high fire hazard severity zone in a State Responsibility Area (SRA).18 The project site is roughly 1.2 miles
northeast of a wildland-urban interface (WUI), which is an area of transition between wildland (unoccupied
land) and land with human development (occupied land).19
2.3 LAND USE AND ZONING DESIGNATIONS
The project site is assigned Assessor’s Parcel Numbers (APN) 359-08-025, 359-08-026, 359-08-027, and
359-08-028 (partial). The project application was filed pursuant to the Housing Crisis Act of 2019, commonly
referred to by its legislative number, Senate Bill (SB) 330, which vests the standards that are in place at the
time a “preliminary application” for a housing project is submitted and prevents jurisdictions from imposing
or enforcing new design standards on housing projects that are not objective. As such, the proposed project
is subject to the regulations in place at the time the project’s preliminary application was submitted on
January 29, 2024. While the City was in the process of getting its Housing Element certified, the developer
submitted a Preliminary Application pursuant to SB 330, which vested a lower density for one of the parcels
identified as a Priority Housing Site in the City’s 6th Cycle Housing Element.
15 City of Cupertino, May 2024, Cupertino General Plan Community Vision 2015-2040, Chapter 6, Environmental Resources
and Sustainability Element, Figure ES-1, Vegetation, https://www.cupertino.gov/Your-City/Departments/Community-
Development/Planning/General-Plan/General-Plan-Community-Vision, accessed December 27, 2024.
16 City of Cupertino, 2024, Tree Protection & Tree Removal, https://www.cupertino.gov/Your-
City/Departments/Community-Development/Planning/Residential-Planning/Tree-Protection-Removal, accessed December 27,
2024.
17 Hort Science Bartlett Consulting, updated December 19, 2024, Preliminary Arborist Report, 20840 Stevens Creek
Boulevard, Cupertino, CA (see Appendix D, Preliminary Arborist Report, of this document).
18 California Department of Forestry and Fire Protection, 2024, Fire Hazard Severity Zone Viewer,
https://experience.arcgis.com/experience/03beab8511814e79a0e4eabf0d3e7247/, accessed December 27, 2024.
19 California Department of Forestry and Fire Protection, updated December 2, 2022, Wildland-Urban Interface Fire Threat,
https://www.arcgis.com/apps/mapviewer/index.html?layers=d45bf08448354073a26675776f2d09cb, accessed December 27,
2024.
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The project is within the Heart of the City Special Area with a Commercial/Office/Residential (with a
residential density of up to 25 dwelling units per acre) General Plan land use designation, and the Planned
Development with General Commercial with Residential (P(CG,RES)) zoning district at the time of
application. The Commercial/Office/Residential land use designation allows primarily commercial and office
uses and secondarily residential uses or a compatible combination of the two uses.20 The Heart of the City
Specific Plan contemplates mixed-use development with a primary focus on providing commercial uses that
serve the public with frontages of buildings along Stevens Creek Boulevard. The Specific Plan allows for fully
residential development through the approval of a Conditional Use Permit, which has been included in the
proposed project’s scope. The applicable standards in the General Plan allow for a maximum residential
density of 25 dwelling units per acre and a maximum building height of 45 feet on the project site.
The type of use allowed on the project site is General Commercial with Residential (P(CG,RES)), which allows
for residential development. All planned development districts are identified on the zoning map with the
letter code "P" followed by a specific reference to the general type of use allowed in the particular planned
development zoning district. As described in CMC Section 19.80.010, Purpose, the planned development
zoning district is intended to provide a means of guiding land development or redevelopment in the city
that is uniquely suited for planned coordination of land uses. Development in this zoning district provides
for a greater flexibility of land use intensity and design because of the considerations made for accessibility,
ownership patterns, topographical considerations, and community design objectives. The planned
development zoning district is intended to:
Encourage variety in the development pattern of the community.
Promote a more desirable living environment.
Encourage creative approaches in land development.
Provide a means of reducing the amount of improvements required in development through better
design and land planning.
Conserve natural features.
Facilitate a more aesthetic and efficient use of open space.
Encourage the creation of public or private common open space.
Pursuant to the State Density Bonus Law and the City’s Density Bonus ordinance (CMC Chapter 19.56,
Density Bonus), the project applicant has requested the following, to the extent needed to comply with
applicable objective standards:
20 City of Cupertino, May 2024, Cupertino General Plan Community Vision 2015-2040, Appendix A, Land Use Definitions,
https://www.cupertino.gov/files/assets/city/v/2/departments/documents/community-development/planning/general-
plan/current-gp-documents/cupgp_appendixa_2024update_9-25-2024.pdf, accessed December 27, 2024.
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A waiver or reduction of development standards to reduce the front, side, and rear setbacks for
portions of the project.
A waiver or reduction of development standards to increase the distance that architectural features
(e.g., porches) may extend into the front setback from 4 to 9 feet for portions of the project.
A waiver or reduction of development standards to increase the maximum lot coverage from 40 to
42.1 percent.
A reduction of vehicle parking standards pursuant to Government Code Section 65915(p).
A waiver from the requirement to allow service pick-ups (e.g., trash and recycling) from the rear of the
property.
A waiver to increase the height limit from 45 feet to 45 feet, 10 inches.
2.4 PROPOSED PROJECT
The project applicant, SummerHill Homes LLC, is proposing the Stevens Creek Boulevard Townhomes
Development Project that will involve the demolition of the three existing commercial buildings (totaling
38,735 square feet) and the construction of 59 townhome condominium units across eight three- and four-
story buildings. The following provides a detailed description of the proposed project, as shown on the
conceptual site plan dated December 2024.21
2.4.1 Proposed Townhomes
The proposed townhomes will include 47 market-rate units and 12 below-market-rate units for a total of 59
units. There are several different townhome types proposed, including three- and four-bedroom units,
ranging from 1,799 to 2,723 square feet. Each townhome will have three or four stories and will be 45 feet,
10 inches tall at the highest point, as measured from the adjacent sidewalk elevation along Stevens Creek
Boulevard. Each townhome will include an average of 276 square feet per unit of private open space
through a porch and decks, with some units incorporating a roof deck. The proposed project includes 118
off-street garage residential parking spaces and 11 uncovered guest parking spaces. Each unit will have an
attached private two-car garage — side-by-side garages for 38 of the units and tandem garages for 21 of
the units. Bicycle storage for residents is provided in the private garages, and bicycle racks for guests will be
located around the site. The proposed project will provide 13,939 square feet of common usable open
space. The site plan for the proposed project is included in Figure 2-3, Proposed Site Plan.
21 Effective January 1, 2023, Government Code Section 65103.5 (Senate Bill [SB] 1214) limits the distribution of copyrighted
material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise
be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email
to planning@cupertino.org. Plans will also be made available digitally during hearings to consider the proposal.
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Source: cbg Civil Engineers Surveyors Planners, R3 Studios, SDG Architects, Inc.Figure 2-3
Proposed Site Plan
PROJECT DESCRIPTION
20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION
CITY OF CUPERTINO
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2.4.2 Landscaping
As shown on Figure 2-3, groundcover, shrubs, and trees will be planted throughout the site. Landscaping
area for both hardscape (impervious) and green area (pervious) will be 101,430 and 29,356 square feet,
respectively. Groundcovers and shrubs proposed on site will be of the Aeonium, Agave, Aloe, Anigozanthus,
Arctostaphylos, Aristida, Bulbine, Calandrinia, Carpenteria, Chondropetalum, Cistus, Dianella, Dietes,
Echeveria, Eremophila, Erigonum, Elymus, Euphorbia, Galvezia, Grevillea, Festuca, Hemerocallis,
Hesperaloe, Heurchera, Juncus, Ligustrum, Lirope, Lomandra, Mimulus, Myrsine, Myrtus, Muhlenbergia,
Nandina, Pennisetum, Pittosporum, Polystichum, Portulacaria, Prunus, Rhaphiolepis, Salvia, Senecio,
Sesleria, Teucrium, Yucca, and Zauschneria genera.
The proposed project will plant 71 trees to replace the 54 existing trees to be removed. Trees proposed as
part of the plant palette include those of the Acer, Agonis, Cercis, Chionanthus, Chitalpa, Lagerstroemia,
Laurus, Melaleuca, Olea, Podocarpus, Prunus, Quercus, Rhaphiolepis, and Zelkova genera. Additionally, the
proposed project will result in the planting of 29 callery pear (pyrus calleryana ‘chanticleer’) street trees
along Stevens Creek Boulevard, as required by the Cupertino Heart of the City Specific Plan.
2.4.3 Project Access and Circulation
2.4.3.1 VEHICULAR ACCESS
The proposed project will have a two-lane entrance/exit circulation pattern with two access points on
Stevens Creek Boulevard, similar to the existing entrance/exit circulation pattern. The proposed emergency
and garbage pick-up access route will be the same as the proposed vehicle access routes.
As stated in Section 2.2.1, Location, the project site is in a TPA and meets the standard for a major transit
stop.22 The closest bus stop to the project site is approximately 0.06 miles (300 feet) away, on the east side
of Siach Way on Stevenson Boulevard. The nearest major transit stop is 0.10 miles (537 feet) away, on the
east side of South Stelling Road that provides stops with a bus frequency service interval of 15 to 20 minutes
during the peak weekday commute periods along VTA bus route 23 and Rapid Transit 523. In addition, VTA
22 Public Resources Code Section 21099 states that a transit priority area means an area within one-half mile of a major
transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a
Transportation Improvement Program or applicable regional transportation plan, and Section 21064.3 states that a major transit
stop is a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the
intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and
afternoon peak commute periods. Note that Section 21064.3 was amended in 2024 and the change from 15 to 20 minutes went
into effect on January 1, 2025; however, the Cupertino Municipal Code Section 17.08.010, Definitions, includes the now outdated
standard of 15 minutes.
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bus routes 25, 51, and 55 have a bus frequency of every 30 minutes or less.23 The project was reviewed by
VTA and no improvements to the stops were requested.
2.4.3.2 PEDESTRIAN AND BICYCLE ACCESS
Pedestrian access to the townhomes will be available from two access points along Stevens Creek
Boulevard. The proposed development provides interior pedestrian circulation throughout the site and
includes additional public access to the neighboring property through unfenced/ungated openings in the
proposed fence line allowing for direct pedestrian passage into the neighboring commercial property. While
the proposed project does not propose any new bicycle lanes or routes, the site is accessible from the
existing Enhanced Bike Lane on Stevens Creek Boulevard.24
2.4.4 Utilities and Public Services Providers
The proposed utility infrastructure will connect to the existing water, sewer, storm drain system, and
electricity network in the area, and will be served by an existing solid waste landfill.
2.4.4.1 WATER SUPPLY AND CONSERVATION
The project site is in the Cupertino Water Service (CWS) area, leased to San José Water (SJW). Water service
to the project site will be provided by the existing water line on Stevens Creek Boulevard from an 18-inch
pipe. No new connections will be needed and are not proposed as part of the project.
The project incorporates a number of features meant to conserve water. The proposed landscaping will
include native and/or adaptive and drought-resistant plant materials of similar water use grouped by
hydrozones. The majority of plantings will be drought-tolerant grasses, shrubs, and trees that, once
established, will be adapted to a dry summer and intermittent rain in the winter season. All planting and
irrigation will conform with the Cupertino Landscape Ordinance, and water uses will be tailored to meet
CALGreen Building Standards, which require water conservation and for new buildings to reduce water
consumption by 20 percent. CMC Sections 16.58.100 through 16.58.140 set forth the standards for green
building requirements by type of building. As shown in Table 101.10 in CMC Section 16.58.230, new
construction of greater than nine homes is required to be Green Points Rated certified at a minimum of 50
points, Silver in Leadership in Energy and Environmental Design (LEED) (City’s preferred method), or meet
23 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis
(see Appendix C, Transportation Analysis, of this document).
24 City of Cupertino, June 2016, 2016 Bicycle Transportation Plan, https://www.cupertino.gov/files/assets/city/v/1/our-
community/documents/cupertino-bicycle-transpor.pdf, accessed December 30, 2024.
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an Alternate Reference Standard pursuant to Section 101.10.2.25 The proposed project will be conditioned
to meet one of these mandatory standards at the Building Permit phase. The LEED rating system encourages
water use reduction. Specifically, in LEED v4.1 for Building Design and Construction (BD+C), Outdoor Water
Use Reduction, Indoor Water Use Reduction and Building-level Water Metering are prerequisites for
achieving Water Efficiency (WE) credits.
2.4.4.2 SANITARY SEWER SERVICE
The project site is located in the Cupertino Sanitary District (CSD) service area and wastewater will be
treated at the San Jose/Santa Clara Water Pollution Control District (SJ/SCWPCD) plant. Wastewater
generated at the project site will be collected by the existing eight-inch sanitary sewer main on Stevens
Creek Boulevard.
2.4.4.3 STORMWATER MANAGEMENT
The proposed project will result in 101,430 square feet of impervious surfaces coverage and 29,356 square
feet of landscape, permeable pavement, and bioretention features. Compared to approximately 115,970
square feet of impervious surfaces coverage in existing conditions, this will be a decrease of 14,540 square
feet of impervious surfaces. Stormwater will be treated on site as required to meet municipal stormwater
permit requirements. The proposed project includes 3,847 square feet of on-site bioretention areas that
will hold and treat stormwater before it is discharged to an existing 27-inch public storm drain in Stevens
Creek Boulevard. The proposed project is required to comply with the Santa Clara Valley Urban Runoff
Pollution Prevention Program C.3 requirements, which include minimization of impervious surfaces,
measures to detain or infiltrate runoff from peak flows to match pre-development conditions, and
agreements to ensure that the stormwater treatment and flow-control facilities are maintained in
perpetuity. The project also must comply with CMC Chapter 9.18, Stormwater Pollution Prevention and
Watershed Protection, which is intended to provide regulations and give legal effect to certain requirements
of the National Pollutant Discharge Elimination System (NPDES) permit issued to the City.
25 Leadership in Energy and Environmental Design (LEED) is a green building certification program that recognizes best-in-
class building strategies and practices that reduce consumption energy, and water, and reduce solid waste directly diverted to
landfills. LEED-certified buildings are ranked in order of efficiency from Certified, Silver, Gold, and Platinum being the highest
ranking with the greatest efficiency standard. LEED Silver certified buildings typically reduce is the third-highest ranking out of the
four, with just being certified being the lowest and Gold and Platinum being the second highest.
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2.4.4.4 SOLID WASTE SERVICES
Recology South Bay will provide curbside recycling, garbage, and compost and landscaping waste services
to the project site.26 Each garage will include designated space where waste and recycling bins must be
stored. Residents will be responsible for placing bins on their driveway for pickup. All non-hazardous solid
waste collected under the Recology franchise agreement is taken to Newby Island Sanitary Landfill for
processing. Under the agreement between the City and Recology, Recology also handles recyclable
materials.
2.4.4.5 OTHER UTILITIES
Electric, cable, and telephone service is anticipated to connect to existing service lines along the south
property line. A temporary overhead electric line will be installed to maintain power to the neighboring
properties during construction. There are no existing overhead lines along the project frontage. New on-
site utilities will be placed underground, with the exception of the temporary overhead electric line and two
existing riser poles at the southern and western property lines and two pad-mounted transformers. The
existing overhead electric lines running along the median of Stevens Creek Boulevard will remain. The
proposed project will be fully electric and the Pacific Gas and Electric Company (PG&E) will supply electricity
to the project site with existing infrastructure.27 The source of electricity will be provided through a
partnership between Silicon Valley Clean Energy (SVCE), which provides a standard electricity offering from
a 50 percent renewable portfolio,28 and PG&E. SVCE also offers a 100 percent renewable option that
electricity customers can opt into. As previously stated in Section 2.4.4.1, Water Supply and Conservation,
the proposed project will comply with the City’s adopted green building requirements, which includes the
California Green Building Standards Code (Title 24) and is required to be Green Points Rated certified.
2.4.5 Demolition, Grading, and Construction
The project demolition, grading, and construction is assumed to take place over eight phases starting in
2027 and ending in 2028. The phasing would include buildings one through eight constructed in the
following eight phases (see Figure 2-3, Proposed Site Plan, for building location):
Phase 1 = Building 1 (2027)
Phase 2 = Building 2 (2027)
Phase 3 = Building 5 (2027)
Phase 4 = Building 3 (2027)
26 City of Cupertino, October 15, 2024, Service Providers, https://www.cupertino.gov/Your-City/City-Directory/Service-
Providers, accessed January 2, 2025.
27 City of Cupertino, October 15, 2024, Service Providers, https://www.cupertino.gov/Your-City/City-Directory/Service-
Providers, accessed January 2, 2025.
28 Silicon Valley Clean Energy, 2022, It’s All About Choice, https://www.svcleanenergy.org/choices/, accessed January 2,
2025.
Phase 5 = Building 6 (2028)
Phase 6 = Building 4 (2028)
Phase 7 = Building 7 (2028)
Phase 8 = Building 8 (2028)
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The project applicant proposes to demolish the three existing buildings and remove the existing vegetation
and 54 trees on the project site, which would also occur as part of Phase 1.
Demolition and construction work will be conducted between 7:00 a.m. and 8:00 p.m. on weekdays, as
provided for in CMC Section 10.48.053, Grading, Construction and Demolition. Demolition and construction
is not permitted on weekends or holidays for sites within 750 feet of other residential properties.29
Demolition debris will be off-hauled for disposal in accordance with the City of Cupertino’s Recycling and
Diversion of Construction and Demolition Waste Ordinance.30 Preliminary grading plans show that there
will be approximately 2,150 cubic yards of cut (excavated soil exported from the site) and 4,600 cubic yards
of fill (clean soil imported to the site) for a net 2,450 cubic yards of fill to be imported to the project site.
Pursuant to CMC Section 17.04.050(B), the excavated soils would be subject to a City-approved Soil
Management Plan (SMP) that outlines procedures for soil handling, soil characterization for offsite disposal
or onsite re-use, confirmation sampling and analysis, and importing of clean fill material.31
Typical equipment to be used for demolition and site preparation could include excavators, hydraulic
breakers, skid steer loaders, graders, rubber-tired dozers, scrapers, and off-highway trucks, as well as smaller
equipment, such as jackhammers, pneumatic tools, and saws.
No pile driving, rock blasting, or crushing will occur during the construction phase. Typical equipment to be
used during construction of the project will include a backhoe, crane, aerial lifts, generator, diesel pump,
dumpers, and rolling stock equipment (tracked vehicles, compactors, rollers, pavers, etc.).
During demolition and construction, vehicles, equipment, and materials will be staged and stored on a
centrally located portion of the project site when practical. During Phases 1 through 4, construction staging
would be located near Stevens Creek Boulevard on the east side of the site. Staging would remain on the
east side of the site adjacent to the parking area to the east and would generally remain in this area through
Phases 5 through 8 until construction is complete. The construction staging would be reduced in size and
equipment needs as the site is built out. The project applicant would be conditioned to restrict any long-
term staging of equipment from around the perimeter of the site adjacent to existing residential uses. No
staging will occur in the public right-of-way. The construction site and staging areas will be clearly marked,
and construction fencing will be installed to prevent disturbance and safety hazards. A combination of on-
and off-site parking facilities for construction workers will be identified during demolition, grading, and
construction.
29 Cupertino Municipal Code, Title 10, Public Peace, Safety and Morals, Chapter 10.48, Community Noise Control, Section
10.48.053, Grading, Construction and Demolition.
30 Cupertino Municipal Code, Title 16, Building and Construction, Chapter 16.72, Recycling and Diversion of Construction and
Demolition Waste.
31 Roux Associates Inc., May 2, 2025, Additional Phase II Investigation, 20830-20850 and 20770 Stevens Creek Boulevard
Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document).
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2.4.6 Required Permits and Approvals
Following approval of the CEQA Categorical Exemption, Streamlined Review, and the approval of the
proposed project by the City Council, the following discretionary permits and approvals from the City will
be required for the proposed project:
Vesting Tentative Subdivision Map
Development Permit
Use Permit
Architectural and Site Approval Permit
Tree Removal Permit
Public Art or in-lieu fee determination
Park Land Dedication or payment of in-lieu fee determination
Concessions or incentives, waivers or reductions of development standards, and reductions of parking
requirements pursuant to the State Density Bonus Law
In addition, permits for demolition, grading, and building, and the certificate of occupancy will be required
from the City. Encroachment permits from the City will also be required for any work performed in the
public right-of-way.
Other agencies that also have discretionary authority related to the project, such as PG&E, who will
authorize the connection/reconnection of electric utilities, San José Water, who will authorize the
installation of a water meter connection, and CSD, who will be responsible for authorizing the sanitary sewer
line.
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3. Exemption
As stated in Chapter 1, Introduction, of this document, Article 19 of the CEQA Guidelines includes a list of
classes (1 through 33) of projects that have been determined not to have a significant effect on the
environment and, as a result, are exempt from review under CEQA. This document has been prepared to
serve as the basis for compliance with CEQA as it pertains to the proposed project, and to demonstrate that
the project qualifies for a CEQA Exemption as an Infill Development Project, consistent with the provisions
of CEQA Guidelines Sections 15332 and 15300.2. Specifically, the information provided herein shows that:
The proposed project qualifies for an exemption under CEQA Guidelines Section 15332 (Class 32: Infill
Development Projects) and, as a result, would not have a significant effect on the environment.
No exceptions to the infill exemption, as identified in CEQA Guidelines Section 15300.2, apply to the
proposed project.
This chapter is based in part on the following technical studies prepared for the project applicant:
Live Oak Associates Inc., February 23, 2024, Drive By Survey for the property at the 20840 Stevens
Creek Boulevard project site in the City of Cupertino, Santa Clara County, California (see Appendix A,
Biological Assessment, of this document).
Roux Associates Inc., April 19, 2024, Phase I Environmental Site Assessment, 20830-20850 and 20770
Stevens Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site
Assessments, of this document).
Roux Associates Inc., June 4, 2024, Limited Phase II Investigation, 20830-20850 and 20770 Stevens
Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this
document).
Roux Associates Inc., May 2, 2025, Additional Phase II Investigation, 20830-20850 and 20770 Stevens
Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this
document).
Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard
Transportation Analysis (see Appendix C, Transportation Analysis, of this document).
Hort Science Bartlett Consulting, updated December 19, 2024, Preliminary Arborist Report, 20840
Stevens Creek Boulevard Cupertino, CA (see Appendix D, Preliminary Arborist Report, of this
document).
Salter Inc., February 13, 2025, 20840 Stevens Creek Boulevard Environmental Noise Assessment (see
Appendix E, Noise Assessment, of this document).
Illingworth & Rodkin Inc., revised February 6, 2025, 20840 Stevens Creek Boulevard Air Quality
Assessment (see Appendix F, Air Quality Assessment, of this document).
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These technical studies were peer reviewed by PlaceWorks and Baseline Environmental Consulting on
behalf of the City of Cupertino.
3.1 CEQA GUIDELINES SECTION 15332(A): GENERAL PLAN AND
ZONING CONSISTENCY
For the reasons stated here, the proposed project is consistent with the applicable General Plan designation
and all applicable General Plan policies, as well as the applicable zoning designations and regulations at the
time of project application and therefore meets the criteria for CEQA Guidelines Section 15332(a).
3.1.1 General Plan
As described in Section 2.3, Land Use and Zoning Designations, the project site is designated
Commercial/Office/Residential, which allows primarily commercial and/or office uses, secondarily
residential uses, or a compatible combination of the these uses. There are no express prohibitions on any
of these uses. The proposed project will result in the demolition of three existing commercial buildings and
construction of 59 residential townhome units. Therefore, implementation of the proposed project will not
introduce a new incompatible land use to the project site. The proposed project is within the density
allowed for the project site.32 Therefore, the proposed project is consistent with the General Plan land use
designation for the project site. In addition, the proposed building height of the project, 45 feet, 10 inches,
is considered consistent with the 45-foot height limit allowed for the project site pursuant to CMC Chapter
19.56, Density Bonus, since the project includes the requisite percentage of affordable housing, which
allows the project unlimited waivers from development standards.
3.1.2 Zoning
As described in Section 2.3, Land Use and Zoning Designations, the project site’s zoning district at the time
of project application is Planned Development with General Commercial with Residential (P(CG,RES)), which
allows for residential uses on the property. Therefore, the proposed project will not introduce a new
incompatible use and will continue to be consistent with the zoning designation on the project site
applicable at the time of project application.
32 A density of 25 units per acre is allowed on the project site, which would allow up to 74.25 units on the 2.97-acre project
site. The 59 proposed units are within this allowance.
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3.2 CEQA GUIDELINES SECTION 15332(B): PROJECT LOCATION, SIZE,
AND CONTEXT
For the reasons stated here, the proposed development occurs within city limits on a project site of no more
than five acres substantially surrounded by urban uses and therefore meets the criteria of CEQA Guidelines
Section 15332(b).
The proposed project is within city limits on an approximately 2.97-acre site. The project site is surrounded
by urban uses and paved public streets, including commercial uses, residential uses, a church, a preschool,
and a school, as shown on Figure 2-2, Aerial View of the Project Site and Surroundings. The project site is
centrally located in the city and within a PDA and TPA. Accordingly, the proposed project meets the criteria
of CEQA Guidelines Section 15332(b).
3.3 CEQA GUIDELINES SECTION 15332(C): ENDANGERED, RARE, OR
THREATENED SPECIES
For the reasons stated here, which includes compliance with the standard condition of approval protecting
nesting birds and glass and lighting standards to reduce bird mortality from windows, other specific glass
features, and certain lighting elements listed herein, the project site has no value for endangered, rare, or
threatened species and therefore meets the criteria of CEQA Guidelines Section 15332(c).
The project site and surrounding area are developed with urban uses. Using data from the Classification
and Assessment with Landsat of Visible Ecological Groupings (CALVEG)33 habitat mapping program, the site
is classified as an “urban area.” Property with this classification tends to have low to poor wildlife habitat
value due to replacement of natural communities, fragmentation of remaining open space areas and parks,
and intensive human disturbance. The California Natural Diversity Database (CNDDB) has no record of
special-status plant and animal species on the project site or urbanized areas within a one-mile area
surrounding the project site.34 There are no natural lands within a one-mile area of the project site. For
these reasons, the project site has no value as habitat for endangered, rare, or threatened species.
All landscaping on the project site, including the 54 existing trees, will be removed as a part of the proposed
project. Migratory birds, which are protected under the Migratory Bird Treaty Act, may use vegetation,
including existing trees, on or near the project site for nesting. The project applicant will be required to
comply with CMC Chapter 17.04, Standard Environmental Protection Requirements. Specifically, the project
33 The CALVEG system was initiated in January 1978 by the Region 5 Ecology Group of the US Forest Service to classify
California’s existing vegetation communities for use in statewide resource planning. CALVEG maps use a hierarchical classification
on the following categories: forest, woodland, chaparral, shrubs, and herbaceous.
34 California Natural Diversity Database, 2025, CNDDB Maps and Data, https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data,
accessed February 14, 2025.
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applicant will be required to comply with CMC Section 17.05.050(D)(1) listed here, which will minimize
potential impacts to nesting birds during tree removal and construction:
CMC Section 17.04.050(D)(1), Avoid Nesting Birds During Construction. For all projects that involve
removal of a tree (either protected or unprotected) or other vegetation suitable for nesting birds, or
construction or ground-disturbing activities defined in CMC Section 17.04.020, the project applicant
shall comply with, and the construction contractor shall indicate the following on all construction plans,
when required to ensure the following measures are performed to avoid inadvertent take of bird nests
protected under the federal Migratory Bird Treaty Act and California Fish and Game Code when in active
use:
a. Demolition, construction, ground-disturbing, and tree removal/pruning activities shall be
scheduled to avoid the nesting season to the extent feasible. If feasible, construction, ground-
disturbing, or tree removal/pruning activities shall be completed before the start of the nesting
season to help preclude nesting. The nesting season for most birds and raptors in the San Francisco
Bay area extends from February 1 through August 31. Preconstruction surveys (described below)
are not required for construction, ground-disturbing, or tree removal/pruning activities outside the
nesting period.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities occur during the
nesting season (February 1 through August 31), preconstruction surveys shall be conducted as
follows:
i. No more than seven days prior to the start of demolition, construction, ground-disturbing, or
tree removal/pruning activities 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 of one single-family residence,
ground--disturbing activities affecting areas of up to 500 square feet, or the removal of
up to three trees, the property owner, or a tree removal contractor, if necessary, is
permitted to conduct 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.
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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.
c. 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.
d. 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.
A final report on nesting birds and raptors, including survey methodology, survey date(s), map of
identified active nests (if any), and protection measures (if required), shall be prepared by the
qualified ornithologist or biologist and submitted to the Director of Community Development or his
or her designee, through the appropriate permit review process (e.g., demolition, construction,
tree removal, etc.), and be completed to the satisfaction of the Community Development Director
prior to the start of demolition, construction, ground-disturbing, or tree removal/pruning activities.
In addition to protecting migratory birds, there are numerous bat species that are known to be in the
Cupertino area, most of which are relatively common and are not considered special-status species. The
CNDDB does not show any occurrences of special-status bats within the site vicinity or anywhere in
Cupertino but does show records within several miles of Cupertino.35 The project applicant will be required
to comply with CMC Chapter 17.04, Standard Environmental Protection Requirements. Specifically, the
project applicant will be required to comply with CMC Section 17.05.050(D)(2) listed below, which will
minimize potential impacts to roosting bats during tree removal and construction:
35 California Natural Diversity Database, 2025, CNDDB Maps and Data, https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data,
accessed February 14, 2025.
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CMC Section 17.04.050(D)(2), Avoid Special-Status Roosting Bats During Construction Permit
Requirements
a. For all projects that involve demolition, renovation, or re-tenanting of an abandoned or vacant
building or structure, where the property owner cannot show evidence to the satisfaction of the
City of Cupertino Building Inspector that the building or structure was appropriately sealed at the
time the building or structure was vacated to prevent bats from roosting, the project applicant shall
retain a qualified biologist to conduct preconstruction surveys of the on-site buildings or structures
prior to commencing any demolition, renovation, or re-tenanting activities. A building or structure
is not appropriately sealed unless seal holes that are more than 0.5 inches in diameter or cracks
that are 0.25 by 1.5 inches or larger are filled or closed with suitable material, such as caulking,
putty, duct tape, self-expanding polyurethane foam, 0.25-inch mesh hardware cloth, 0.5-inch or
smaller welded wire mesh, installing tighter-fitting screen doors, or steel wool.
b. The project applicant shall comply with, and the construction contractor shall include in the
applicable construction documents, the following to ensure appropriate preconstruction surveys
are performed and adequate avoidance provided for any special-status roosting bats, if
encountered on the site. Preconstruction surveys shall:
i. Be conducted by a qualified biologist prior to tree removal or building demolition, renovation,
or re-tenanting. Note that the preconstruction survey for roosting bats is required at any time
of year since there is no defined bat roosting season as there is with nesting birds.
ii. Be conducted no more than 14 days prior to the start of tree removal or demolition,
renovation, or re-tenanting.
iii. Be repeated at 14-day intervals until construction has been initiated, after which surveys can
be stopped, unless construction activities are suspended for more than 7 consecutive days,
at which point the surveys shall be reinitiated.
iv. If no special-status bats are found during the survey(s), then no additional measures are
warranted.
c. Protective measures shall be included in the applicable construction documents and implemented
prior to issuance of permits, if any special-status bat species are encountered or for any roosts
detected within the existing structures, where individual bats could be inadvertently trapped and
injured or killed during demolition unless passively evicted in advance of construction activities.
Protective measures shall include:
i. If no maternity roosts are detected, adult bats can be flushed out of the structure or tree
cavity using a one-way eviction door placed over the exit location for a minimum 48-hour
period prior to the time tree removal or building demolition is to commence.
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ii. Confirmation by the qualified biologist that the one-way eviction door was effective, and that
all bats have dispersed from the roost location, modifying any exclusion efforts to ensure
individual bats have been successfully evicted in advance of initiating tree removal or building
demolition.
iii. If a maternity roost is detected, and young are found roosting in a building identified for
demolition, renovation, or re-tenanting, work shall be postponed until the young are flying
free and are feeding on their own, as determined by the qualified biologist.
iv. Once the qualified biologist has determined that any young bats can successfully function
without the maternity roost, then the adults and young bats can be excluded from the
structure to be demolished using the one-way eviction methods described above.
v. Monitoring shall be provided by the qualified biologist as necessary to determine status of
any roosting activity, success of any required bat exclusion, and status of any maternity
roosting activity by bats, in the remote instance a maternity roost is encountered on the site.
Furthermore, the proposed applicant will be required to comply with CMC Chapter 19.102, Glass and
Lighting Standards, which establishes regulations to reduce bird mortality from windows, other specific
glass features, and certain lighting elements that are known to increase the risk of bird collisions. No more
than 10 percent of the surface area of the façade will be untreated glass. The proposed project will avoid
the funneling of flight paths along buildings or trees towards a building façade, avoid!use of highly reflective
glass or highly transparent glass, and not include skyways or walkways, balconies, freestanding walls, or
building corners made of untreated glass or other transparent materials, or any other design elements that
are untreated and through which trees, landscape areas, water features, or the sky are visible from the
exterior or from one side of the transparent element to the other. All outdoor lighting will be fully shielded
fixtures, directed downward to meet the particular need and away from adjacent properties and rights-of-
way to avoid light trespass.
Accordingly, the proposed project meets the criteria of CEQA Guidelines Section 15332(c).
3.4 CEQA GUIDELINES SECTION 15332(D): TRAFFIC, NOISE, AIR
QUALITY, OR WATER QUALITY
For the reasons stated here, which includes the standard condition of approval to maintain the commitment
to be all electric as described herein, the proposed project will not result in any significant effects related
to traffic, noise, air quality, or water quality and therefore meets the criteria of CEQA Guidelines Section
15332(d).
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3.4.1 Tra ffic
The project site is in the central region of the city along Stevens Creek Boulevard. Regional access to the
project site is provided by I-280 via De Anza Boulevard to the north, and by Highway 85 via Stevens Creek
Boulevard to the west. Vehicular access to and from the project site on Stevens Creek Boulevard will be
provided through two access points, similar to the existing entrance/exit circulation pattern.
The project site will continue to be accessible to pedestrians, bicyclists, and transit users. The site is served
by the existing Enhanced Bike Lane on Stevens Creek Boulevard. Public transit to the project site is provided
by local municipal bus lines 23, 25, 51, 55, and Rapid 523 operated by the VTA with bus stops less than 0.25
miles to the east near the intersection of Stevens Creek Boulevard and Saich Way.
3.4.1.1 CONSISTENCY WITH CIRCULATION SYSTEM PROGRAMS AND PLANS
Plan Bay Area is the Bay Area’s Regional Transportation Plan (RTP) and Sustainable Community Strategy
(SCS) that identifies the sustainable vision for the Bay Area. An overarching goal of the regional plan is to
concentrate development in areas where there are existing services and infrastructure rather than allocate
new growth to outlying areas where substantial transportation investments would be necessary to achieve
VMT reductions. The proposed project is an infill development project within a Santa Clara VTA City Cores,
Corridors, and Station Areas PDA 36 and within a TPA 37 that will result in a change in land use from
commercial to residential in a portion of the city that has access to existing infrastructure and services.
Therefore, the proposed project will not conflict with the Plan Bay Area.
Pedestrian, bicycle, and public transit access to and from the project site will not change from existing
conditions. The proposed project will not increase the population at the project site such that it would result
in a large number of vehicular trips (i.e., the existing commercial uses generate 216 net daily trips and the
proposed project will generate approximately 209 net new daily trips to the project site)38 and will not
otherwise decrease the performance or safety of such pedestrian, bicycle, or public transit facilities or cause
a substantial increase in transit demand that cannot be accommodated by existing or proposed transit
capacity or alternative travel modes. Therefore, the proposed project will not result in changes to the City’s
transportation and circulation system that could conflict with adopted policies, plans, or programs regarding
transit, bicycle, or pedestrian facilities.
36 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Priority
Development Areas (Plan Bay Area 2050), https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area-
2050, accessed December 27, 2024.
37 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Transit
Priority Areas (2021), https://www.arcgis.com/apps/mapviewer/index.html?layers=370de9dc4d65402d992a769bf6ac8ef5,
accessed December 27, 2024.
38 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis
(see Appendix C, Transportation Analysis, of this document).
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3.4.1.2 VEHICLE-MILES TRAVELED
The Governor’s Office of Land Use and Climate Innovation’s (formerly the Office of Planning and Research)
Technical Advisory On Evaluating Transportation Impacts in CEQA,39 and the City’s White Paper SB 743
Implementation Decisions for the City of Cupertino,40 provides guidance on evaluating transportation
impacts for redevelopment projects on infill sites and projects that are consistent with the RTP/SCS.
According to these guiding documents, a project that generates less than 110 daily trips may be assumed
to cause a less-than-significant transportation impact.
On February 16, 2021, the City adopted CMC Chapter 17.08, Evaluation of Transportation Impacts Under
the California Environmental Quality Act, which provides screening criteria and VMT thresholds for land use
development projects, transportation projects, and other projects pursuant to CEQA. Under CMC Chapter
17.08, a project would be screened out from more detailed VMT analysis if the project is consistent with
applicable General Plan policies and supported by substantial evidence demonstrating cumulative VMT is
declining. Project screening may be used for projects that meet one or more of the following criteria:
Projects within 0.25-mile walking distance of a high-quality transit corridor or major transit stop as
defined by CEQA.
Local-serving retail projects of up to 50,000 square feet.
Land use projects consisting of 100 percent affordable housing.
The closest bus stop to the project site is approximately 0.06 miles (300 feet) away, on the east side of Siach
Way on Stevenson Boulevard. The nearest major transit stop is located 0.10 miles (537 feet) away, on the
east side of South Stelling Road which provides stops with a bus frequency service interval of 15 to 20
minutes during the peak weekday commute periods along VTA bus route 23 and Rapid Transit 523. As
previously described in Section 3.4.1.1, Consistency with Circulation System Programs and Plans, the project
site is within a TPA. 41 Under the Plan Bay Area 2050 strategies, just under half of all Bay Area households
would live within one-half mile of frequent transit by 2050, with this share increasing to over 70 percent for
households with low incomes. Transportation and environmental strategies that support active and shared
modes, combined with a transit-supportive land use pattern, are forecasted to lower the share of Bay Area
residents that drive to work alone from over 50 percent in 2015 to 36 percent in 2050. Accordingly,
development in a TPA demonstrates a cumulative decline of VMT in the city and region. Pursuant to the
39 Governor’s Office of Land Use and Climate Innovation (formerly the Office of Planning and Research), December 2018,
Technical Advisory On Evaluating Transportation Impacts in CEQA.
40 City of Cupertino, February 2021, White Paper SB 743 Implementation Decisions for the City of Cupertino, Appendix E,
Small Project Screening for SB 743.
41 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Transit
Priority Areas (2021), https://www.arcgis.com/apps/mapviewer/index.html?layers=370de9dc4d65402d992a769bf6ac8ef5,
accessed December 27, 2024.
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City’s Project Activity Map,42 the City is processing multiple applications for housing in the TPA. Therefore,
these projects, along with the proposed project, demonstrate a cumulative decline in VMT. Furthermore,
the proposed project meets the City’s VMT screening criteria of being within 0.25 miles of a major transit
stop 43 and declining cumulative VMT, and no VMT-related impacts would occur.
3.4.1.3 DESIGN FEATURE OR INCOMPATIBLE USE HAZARDS
The proposed internal roadways will be constructed to be 24 to 26 feet wide and the proposed driveways
to be approximately 26 feet wide, which is consistent with the CMC roadway standards. Since the increase
of the number of vehicle trips resulting from the proposed project will be minor, the proposed driveways
are expected to operate acceptably during both peak hours. The speed limit along Stevens Creek Boulevard
is 35 miles per hour (mph), for which the California Department of Transportation recommends a stopping
sight distance of 300 feet. The proposed project will not include landscaping or signage along the project
site frontage and entrances that will interfere with the corner triangles at the proposed driveways. There is
no parking allowed along Stevens Creek Boulevard and there are no curves in the roadway that will affect
sight distance.44 Therefore, no significant hazards in the area will occur during operation.
During the construction period, the proposed project will result in temporary changes to existing
transportation conditions. Temporary traffic will be generated by construction employees and construction
activities, including haul trucks. As discussed in Section 2.4.5, Demolition, Grading, and Construction, during
demolition and construction, vehicle, equipment, and materials will be staged and stored on a portion of
the project site. The construction site and staging areas will be clearly marked, and construction fencing will
be installed to prevent disturbance and safety hazards. Therefore, no significant hazards in the area will
occur during the construction phase.
42 City of Cupertino, Major Projects, https://www.cupertino.gov/Your-City/Departments/Community-
Development/Planning/Major-Projects.
43 Public Resources Code Section 21064.3 states that a major transit stop is a site containing an existing rail transit station, a
ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency
of service interval of 20 minutes or less during the morning and afternoon peak commute periods. Note that Section 21064.3 was
amended in 2024 and the change from 15 to 20 minutes went into effect on January 1, 2025; however, the Cupertino Municipal
Code Section 17.08.010, Definitions, includes the now outdated standard of 15 minutes.
44 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis
(see Appendix C, Transportation Analysis, of this document).
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3.4.1.4 EMERGENCY ACCESS
The proposed project will not alter the existing circulation pattern on Stevens Creek Boulevard. The
proposed internal roadways will be constructed to 24 to 26 feet wide, consistent with the CMC, and will
provide emergency vehicles with sufficient space to access each of the residential units on-site.45 Therefore,
the proposed project will not result in inadequate emergency access.
3.4.2 Noise
Pursuant to the CEQA Statute (Public Resources Code) Section 21085, for residential projects, the effects of
noise generated by project occupants and their guests on human beings is not a significant effect on the
environment. Accordingly, this section evaluates the noise from construction equipment, buildings, and
vehicles.
The noise environment in the project vicinity is primarily characterized by vehicular traffic along Stevens
Creek Boulevard to the north of the project site. Operations and activities from adjacent commercial,
institutional, and residential uses also contribute to the existing noise environment in the project vicinity.
The closest existing noise-sensitive receptors to the project site are the adjacent single-family residences to
the south and the adjacent preschool building to the west.
3.4.2.1 AMBIENT NOISE LEVELS
Construction Impacts
As described in Section 2.4.5, Demolition, Grading, and Construction, construction activities will include the
use of heavy equipment for demolition, grading, and construction and smaller equipment for construction,
through completion of buildings and landscaping. Heavy trucks will travel to, from, and within the site
hauling soil, equipment, and building materials. The noise associated with these activities could be
generated over the entire project site.
Demolition and construction work will be conducted between 7:00 a.m. and 8:00 p.m. on weekdays, as
provided for in CMC Section 10.48.053, Grading, Construction and Demolition. Demolition and construction
are not permitted on weekends or holidays for sites within 750 feet of other residential properties.
Demolition debris, including soil, will be off-hauled for disposal in accordance with the City of Cupertino’s
Recycling and Diversion of Construction and Demolition Waste Ordinance.46
45 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis
(see Appendix C, Transportation Analysis, of this document).
46 Cupertino Municipal Code, Title 16, Building and Construction, Chapter 16.72, Recycling and Diversion of Construction and
Demolition Waste.
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As described in CMC Section 10.48.053, construction and demolition activities are exempt for the daytime
noise standard of 60 dBA provided construction noise does not exceed 80 A-weighted decibels (dBA) at the
receptor’s receiving property line or no individual piece of construction equipment exceeds 87 dBA at 25
feet. Only one of these standards is required to be met. Based on the noise levels shown in Table 3-1,
Construction Equipment Noise Levels, most construction equipment is expected to meet 80 dB. However,
some types of equipment are expected to produce sound greater than 87 dBA at 25 feet.
TABLE 3-1 CONSTRUCTION EQUIPMENT NOISE LEVELS
Equipment Reference Sound Level at 25 feet (dB)
Air Compressors 87
Cement and Mortar Mixers 91
Concrete/Industrial Saws 82
Excavators 76
Forklifts 89
Generator Sets 87
Graders 78
Paving Equipment 80
Rollers 85
Scrapers 86
Tractors/Loaders/Backhoes 81
Welders 79
Source: Salter, Inc., February 13, 2025, 20840 Stevens Creek Boulevard Environmental Noise Assessment (see Appendix E, Noise Assessment, of this
document).
As shown in Table 3-1, these include the cement mixers and forklifts, which will need to maintain a minimum
distance of 30 feet and 20 feet, respectively, from all property lines to meet the criterion of 80 dB. These
distances account for the acoustical shielding provided by the 9- to 10-foot-tall masonry walls along the
west and south property lines between the project and adjacent development.
CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard environmental
protection requirements that all construction projects must meet. Specifically, the project applicant will be
required to comply with CMC Sections 17.04.050(G)(1) and 17.04.050(G)(2) listed here, which will minimize
impacts related to construction noise:
CMC Section 17.04.050(G)(1), Notice and Signage. At least 10 days prior to the start of any demolition,
ground disturbing, or construction activities, because the project site is between 0.25 to 0.5 acres, the
project applicant shall send notices shall be sent to off-site businesses and residents within 250 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
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are assigned to respond in the event of a noise or vibration complaint. The project applicant shall
provide the City with evidence of mailing of the notice, upon request. Additionally, the at least 10 days
prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site,
clearly visible to the public, which includes permitted construction days and hours, as well as the
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. If the authorized contractor’s representative
receives a complaint, they shall investigate, take appropriate corrective action, and report the action to
the City within three business days of receiving the complaint.
CMC Section 17.04.050(G)(2), Manage Noise During Construction.
a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan
to the City’s Planning Department for review and approval prior to issuance of the first permit. The
Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits
pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of
the Construction Noise Control Plan shall be included in the applicable construction documents and
implemented by the on-site Construction Manager. Noise reduction measures selected and
implemented shall be based on the type of construction equipment used on the site, distance of
construction activities from sensitive receptor(s), site terrain, and other features on and
surrounding the site (e.g., trees, built environment) and may include, but not be limited to,
temporary construction noise attenuation walls, high quality mufflers. During the entire active
construction period, the Construction Noise Control Plan shall demonstrate that compliance with
the specified noise control requirements for construction equipment and tools will reduce
construction noise in compliance with the City’s daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of
Cupertino Public Works Department for approval prior to the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction zones, and along
queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other
equipment will be turned off if not in use for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of noise producing
signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The
construction manager will use smart back-up alarms, which automatically adjust the alarm level
based on the background noise level or switch off back-up alarms and replace with human spotters
in compliance with all safety requirements and law.
The proposed project will be required to identify and implement noise-reduction measures for the cement
mixers and forklifts pursuant to CMC Section 17.04.050(G)(2) to reduce construction noise in compliance
with the City’s daytime and nighttime decibel limits. Therefore, the proposed project will not increase
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ambient noise levels in the vicinity of the project in excess of standards established in the CMC during the
construction phase.
Operational Impact
The proposed project will include air-conditioning (AC) units located at-grade, adjacent to the residences to
the south of the project site. This analysis conservatively assumes a cluster of AC units operating
simultaneously in closest proximity to the west, south, and east property lines. Table 3-2, Noise Levels at
Property Lines, shows the calculated noise levels generated by the proposed project at the property lines.
TABLE 3-2 NOISE LEVELS AT PROPERTY LINES
Noise Level at Property Line
Nonresidential
(East)
Residential
(South)
Nonresidential
(West)
Project-Generated 54 dB 41 dB 54 dB
Daytime Maximum Threshold (7:00 a.m. to 8:00 p.m.) 65 dB 60 dB 65 dB
Nighttime Maximum Threshold (8:00 p.m. to 7:00 a.m.) 55 dB 50 dB 55 dB
Exceed Thresholds? No No No
Source: Salter Inc., February 13, 2025, 20840 Stevens Creek Boulevard Environmental Noise Assessment (see Appendix E, Noise Assessment, of this
document).
As indicated in Table 3-2, predicted noise levels will not exceed the daytime and nighttime maximum noise
levels outlined in CMC Section 10.48.040, Daytime and Nighttime Maximum Noise Levels. Prior to issuance
of building permits for noise-generating equipment, including AC units, the City will evaluate plans to ensure
that the equipment meets the City’s maximum noise levels, as outlined in CMC Section 10.48.040.
Therefore, the proposed project will not increase ambient noise levels in the vicinity of the project in excess
of standards established in the CMC during the operational phase.
Furthermore, the proposed project is estimated to generate 209 net new trips to the project site.47 The
addition of 209 net new vehicle trips is calculated to generate an increase of 2 decibels (dB) on Stevens
Creek Boulevard.48 However, the existing noise level from traffic on Stevens Creek Boulevard is 70 dB. This
existing noise level is high enough that the project-generated traffic noise increase will not affect the overall
noise level of Stevens Creek Boulevard traffic. Therefore, compared to the thousands of existing daily trips
along Stevens Creek Boulevard, the vehicle trips generated by the proposed project will not result in a
significant traffic noise increase.
47 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis
(see Appendix C, Transportation Analysis, of this document).
48 Salter Inc., February 13, 2025, 20840 Stevens Creek Boulevard Environmental Noise Assessment (see Appendix E, Noise
Assessment, of this document).
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3.4.2.2 GROUNDBORNE VIBRATION
As previously stated, the closest existing sensitive receptors to the project site are the adjacent single-family
residences to the south of the project site and the adjacent preschool building to the west. Because the
closest single-family residences are approximately 15 feet from the shared southern property line, this
discussion is based on impacts at this location. As described in Section 2.4.5, Demolition, Grading, and
Construction, project construction might include activities such as the use of a backhoe, a crane, aerial lifts,
a generator, a diesel pump, dumpers, and rolling stock equipment (tracked vehicles, compactors, rollers,
pavers, etc.). Typical construction vibration levels at 25 feet are listed in Table 3-3, Construction Equipment
Vibration Levels. Estimated levels at the nearest adjacent structures (new residential structures and
commercial buildings approximately 15 feet from the property line) are also shown.
TABLE 3-3 CONSTRUCTION EQUIPMENT VIBRATION LEVELS
Equipment PPV at 25 feet (in/sec) PPV at 15 feet (in/sec) a
Vibratory Roller 0.21 0.4518
Hydraulic Breaker 0.089 to 0.24 0.1915 to 0.5164
Large Bulldozer 0.089 0.1915
Loaded Trucks 0.076 0.1635
Excavator 0.089 0.1915
Jackhammer 0.035 0.0753
Small Bulldozer 0.003 0.0065
Crane, Forklift, Bobcat No significant vibration
Note:
a. Using a value of n = 1.5 per Federal Transit Administration recommendation, where “n” is the attenuation rate through the ground.
Source: Salter, Inc., February 13, 2025, 20840 Stevens Creek Boulevard Environmental Noise Assessment (see Appendix E, Noise Assessment, of this
document).
Based on the vibration levels shown in Table 3-3, most construction equipment is expected to meet the
structural damage criteria of 0.50 peak particle velocity (PPV) for residential structures. If hydraulic breakers
are required for project construction, it might result in vibration level exceedances at close distances to
nearby structures. However, this type of equipment would not exceed the criterion of 0.50 PPV if a
minimum distance of 15 feet from all property lines is maintained at all times while in use at the project
site.
CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard environmental
protection requirements that all construction projects must meet. Specifically, the project applicant will be
required to comply with CMC Section 17.04.050(G)(3), which will minimize impacts related to construction
vibration:
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CMC Section 17.04.050(G)(3), Manage Vibrations During Construction. In the event pile driving is
required, the project applicant shall:
a. Notify all vibration-sensitive receptors within 300 feet of the project site of the schedule 10 days
prior to its commencement and include the contact information for the person responsible for
responding to complaints on site.
b. The project applicant shall retain a qualified acoustical consultant or structural engineer, to prepare
and implement a Construction Vibration Monitoring Plan, which is subject to third-party peer
review under the direction of the City at the applicant’s cost, for areas within 100 feet for pile
driving, 25 feet for vibratory roller, or 15 feet for other heavy equipment (e.g., bulldozer); and for
historical structures: within 135 feet for pile driving, 40 feet for vibratory roller, or 20 feet for other
heavy equipment. The plan shall include surveying the condition of existing structures; and
determining the number, type, and location of vibration sensors and establish a vibration velocity
limit (as determined based on a detailed review of the proposed building), method (including
locations and instrumentation) for monitoring vibrations during construction, location of notices
displaying the contact information for on-site coordination and complaints on site, and method for
alerting responsible persons who have the authority to halt construction should limits be exceeded
or damaged observed.
c. Submit final monitoring reports to the City upon completion of vibration related construction
activities.
d. Conduct a post-survey on any structure where either monitoring has indicated high vibration levels
or complaints that damage has occurred are received.
e. The project applicant shall be responsible for appropriate repairs as determined by the qualified
acoustical consultant or structural engineer where damage has occurred as a result of construction
activities.
The proposed project will be required to prepare a Construction and Vibration Monitoring Plan pursuant to
CMC Section 17.04.050(G)(3) by a qualified acoustical consultant, which would ensure that no damage due
to vibration from construction equipment would occur. Therefore, the proposed project will not result in an
increase in excessive ground-borne vibration.
3.4.2.3 AIRPORT NOISE
Because the project site is not within two miles of a private or public use airport, which is the standard for
assessing noise impacts under CEQA, the proposed project will not result in the exposure of people residing
or working in the project area to excessive noise levels associated with the proximity of an airport.
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3.4.3 Air Quality
The proposed project is in the San Francisco Bay Area Air Basin (Air Basin) under the jurisdiction of the Bay
Area Air District (Air District), formerly known as the Bay Area Air Quality Management District (BAAQMD),
which regulates air quality in the San Francisco Bay Area. Within the Air Basin, ambient air quality standards
for ozone, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), particulate matter (PM10,
PM2.5), and lead (Pb) have been set by both the State of California and the federal government. The State
has also set standards for sulfate and visibility. The Air Basin is under State nonattainment status for ozone
and particulate matter (both PM10 and PM2.5) standards. The Air Basin is classified as nonattainment for the
federal ozone 8-hour standard and nonattainment for the federal 24-hour standard for fine particulate
matter of 2.5 microns or less in diameter (PM2.5).49
As previously stated, the closest existing sensitive receptors to the project site are at the adjacent single-
family residences to the south and the adjacent preschool building to the west. There are additional
sensitive receptors at further distances surrounding the site, including William Faria Elementary School to
the southwest.
3.4.3.1 CONSISTENCY WITH APPLICABLE AIR QUALITY PLANS
The applicable air quality plan is the Air District’s 2017 Clean Air Plan/Regional Climate Protection Strategy,
which was adopted on April 19, 2017. The 2017 Clean Air Plan/Regional Climate Protection Strategy serves
as a roadmap for the Air District to reduce air pollution and protect public health and the global climate.
The 2017 Clean Air Plan also includes measures and programs to reduce emissions of fine particulates and
toxic air contaminants. Additionally, the Regional Climate Protection Strategy identifies potential rules,
control measures, and strategies that the Air District can pursue to reduce greenhouse gases (GHGs)
throughout the Bay Area.
Consistency with the 2017 Clean Air Plan is determined by whether or not the proposed project will result
in significant and unavoidable air quality impacts or hinder implementation of control measures (e.g.,
excessive parking or preclude extension of a transit lane or bicycle path). As indicated in the analysis that
follows, the proposed project will not result in significant operational and construction-period emissions.
Therefore, the proposed project supports the goals of the Clean Air Plan and will not conflict with any of
the control measures identified in the Clean Air Plan as designed to bring the region into attainment.
Additionally, the proposed project is an infill development project that will increase housing within a TPA.
Therefore, the proposed project will not hinder or disrupt the implementation of any control measures from
the Clean Air Plan.
49 Bay Area Air District, Air Quality Standards and Attainment Status,” https://www.baaqmd.gov/about-air-quality/research-
and-data/air-quality-standards-and-attainment-status, accessed February 12, 2025.
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3.4.3.2 CUMULATIVELY CONSIDERABLE NET INCREASE CRITERIA POLLUTANT
As described previously, the Air Basin is currently designated a nonattainment area for California and
National O3, California and National PM2.5, and California PM10 air quality standards. Any project that
produces a significant project-level regional air quality impact in an area that is in nonattainment adds to
the cumulative impact. Due to the extent of the area potentially impacted by cumulative-plus-project
emissions (the Air Basin), a project is cumulatively significant when project-related emissions exceed the Air
District’s emissions thresholds.
The Air District has identified thresholds of significance for criteria pollutant emissions and criteria air
pollutant precursors, including reactive organic gas (ROG), NOx, PM10, and PM2.5. Development projects
below the significance thresholds would not generate sufficient criteria pollutant emissions to violate any
air quality standard or contribute substantially to an existing or projected air quality violation.
Construction Impacts
Construction activities produce combustion emissions from various sources, such as on-site heavy-duty
construction vehicles, vehicles hauling materials to and from the site, and motor vehicles transporting the
construction crew. Site preparation activities produce fugitive dust emissions (PM10 and PM2.5) from
demolition and soil-disturbing activities, such as grading and excavation. Air pollutant emissions from
construction activities on-site will vary daily as construction activity levels change. Construction activities
associated with the proposed project will result in emissions of ROG, NOx, PM10, and fine PM2.5.
CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard environmental
protection requirements that all construction projects must meet. Specifically, the project applicant will be
required to comply with CMC Section 17.04.050(A)(1) as listed here, which will minimize impacts from
fugitive dust during construction:
CMC Section 17.04.050(A)(1), Control Fugitive Dust During Construction. Projects shall implement the
Bay Area Air Quality Management District Basic Control Measures included in 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. The project applicant shall include these measures in the applicable construction
documents, prior to issuance of the first permit.
The Air District considers all impacts related to fugitive dust emissions from construction to be less than
significant with implementation of the Air District’s best management practices. The current best
management practices that are required to be implemented by the project applicant are listed herein:
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All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access
roads) shall be watered two times per day.
All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum
street sweepers at least once per day. The use of dry power sweeping is prohibited.
All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
Idling times shall be minimized either by shutting equipment off when not in use or reducing the
maximum idling time to five minutes (as required by the California airborne toxics control measure Title
13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction
workers at all access points.
All construction equipment shall be maintained and properly tuned in accordance with the
manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined
to be running in proper condition prior to operation.
A publicly visible sign shall be posted with the telephone number and person to contact at the City of
Cupertino regarding dust complaints. This person shall respond and take corrective action within 48
hours. The phone number shall also be visible to ensure compliance with applicable regulations.
In addition, as discussed in Section 2.4.5, Demolition, Grading, and Construction, the proposed project will
be conditioned to prepare and implement an SMP pursuant to CMC Section 17.04.050(B) that outlines
procedures for soil handling, soil characterization for offsite disposal or onsite re-use, confirmation sampling
and analysis, and importing of clean fill material.
Table 3-4, Construction Emissions, shows the average daily construction emissions of ROG, NOX, PM10
exhaust, and PM2.5 exhaust during construction of the proposed project.
TABLE 3-4 CONSTRUCTION EMISSIONS
ROG NOX PM10 Exhaust PM2.5 Exhaust
Total Construction Emissions (tons) 1.13 1.02 0.01 0.01
Average Daily Construction Emissions (pounds/day) 5.42 4.92 0.04 0.04
Air District Thresholds (pounds/day) 54 54 82 54
Exceeds Threshold? No No No No
Note: Modeling assumes compliance with CMC Section 17.04.050(A)(1), Control Fugitive Dust During Construction.
Source: Illingworth & Rodkin Inc., revised February 6, 2025, 20840 Stevens Creek Boulevard Air Quality Assessment (see Appendix F, Air Quality
Assessment, of this document).
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As indicated in Table 3-4, predicted average project construction emissions will not exceed the Air District’s
significance thresholds. Therefore, the proposed project will not result in cumulatively considerable net
increase of criteria air pollutants during the construction phase.
Operational Impacts
Typical long-term air pollutant emissions are generated by area sources (e.g., landscape fuel use, aerosols,
architectural coatings, and asphalt pavement), energy use (natural gas), and mobile sources (i.e., on-road
vehicles). Types of land uses that typically generate substantial quantities of criteria air pollutants and toxic
air contaminants include industrial (stationary sources), manufacturing, and warehousing (truck idling) land
uses. These types of major air pollutant emissions sources are not included as part of the proposed project.
As described in Section 2.4.4.5, Other Utilities, the project applicant has voluntarily committed to the
project being fully electric, which will also be a condition of approval, and will not include stationary sources
that emit toxic air contaminants or generate a significant amount of heavy-duty truck trips (a source of
diesel particulate matter).
Table 3-5, Operational Emissions, shows average daily emissions of ROG, NOX, total PM10, and total PM2.5
during operation of the project.
TABLE 3-5 OPERATIONAL EMISSIONS
ROG NOX PM10 Exhaust PM2.5 Exhaust
Annual Project Operational Emissions (tons/year) 0.94 0.18 0.43 0.11
Existing Use Emissions (tons/year) 0.29 0.14 0.27 0.07
Net Operational Emissions (tons/year) 0.65 0.04 0.16 0.04
Air District Thresholds (tons/year) 10 10 15 10
Exceeds Threshold? No No No No
Daily Project Operational Emissions (pounds/day) 3.57 0.23 0.91 0.23
Air District Thresholds (pounds/day) 54 54 82 54
Exceeds Threshold? No No No No
Note: For modeling purposes, it was assumed that the emergency generator, estimated to be powered by 100 horsepower (HP) diesel engine, will be
operated for testing and maintenance purposes.
Source: Illingworth & Rodkin Inc., revised February 6, 2025, 20840 Stevens Creek Boulevard Air Quality Assessment (see Appendix F, Air Quality
Assessment, of this document).
As indicated in Table 3-5, operational emissions will not exceed the Air District’s significance thresholds.
Therefore, the proposed project will not result in cumulatively considerable net increase of criteria air
pollutants during the construction phase.
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Carbon Monoxide Hotspots
Areas of vehicle congestion have the potential to create pockets of CO, called hotspots. These pockets have
the potential to exceed the State’s 1-hour standard of 20 parts per million (ppm) or the 8-hour standard of
9 ppm.
Under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single
intersection by more than 44,000 vehicles per hour—or 24,000 vehicles per hour where vertical and/or
horizontal mixing is substantially limited—to generate a significant CO impact. The proposed project will
result in 209 net new daily vehicle trips.50 Thus, the proposed project will not increase traffic volumes at
affected intersections by more than 44,000 vehicles per hour or 24,000 vehicles per hour where vertical
and/or horizontal mixing is substantially limited.51 The proposed project will not have the potential to
substantially increase CO hotspots at intersections in the project vicinity. Therefore, the proposed project
will not increase CO concentration at intersections.
3.4.3.3 SENSITIVE RECEPTORS
Project impacts related to increased health risk can occur by generating emissions of TACs and air pollutants.
Construction activity under the proposed project will generate dust and equipment exhaust that can affect
nearby sensitive receptors. The proposed project will include a stationary source of air pollutants and TACs
in the form of an emergency generator and will also generate some traffic consisting of mostly light-duty
gasoline-powered vehicles, which will produce TAC and air pollutant emissions.
CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard environmental
protection requirements that all construction projects must meet. Specifically, the project applicant will be
required to comply with CMC Section 17.04.050(A)(2), which will minimize impacts from construction
exhaust:
CMC Section 17.04.050(A)(2), Control Construction Exhaust. Projects that disturb more than one-acre
and are more than two months in duration, shall implement the following measures and the project
applicant shall include them in the applicable construction document, prior to issuance of the first
permit:
a. Utilize off-road diesel-powered construction equipment that is rated by the U.S. Environmental
Protection Agency (EPA) as Tier 4 or higher for equipment more than 25 horsepower. Any emissions
control device used by the contractor shall achieve emissions reductions that are no less than what
could be achieved by a Tier 4 interim emissions standard for a similarly sized engine, as defined by
the California Air Resources Board’s (CARB) regulations. Applicable construction documents shall
50 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis
(see Appendix C, Transportation Analysis, of this document).
51 Bay Area Air District, revised 2011, California Environmental Quality Act Air Quality Guidelines.
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clearly show the selected emission reduction strategy for construction equipment over 25
horsepower.
b. Ensure that the construction contractor shall maintain a list of all operating equipment in use on
the project site for verification by the City. The construction equipment list shall state the makes,
models, and number of construction equipment on-site.
c. Ensure that all equipment shall be properly serviced and maintained in accordance with the
manufacturer’s recommendations.
Health risk impacts were addressed by predicting increased cancer risk, the increase in annual PM2.5
concentrations, and by computing the Hazard Index for noncancer health risks. The project ’s maximally
exposed individual (MEI) is identified as the sensitive receptor that is most impacted by the project’s
construction and operation. The cancer risk MEI is on the first floor of the single-family home southeast of
the project site and the annual PM2.5 MEI is at the adjacent preschool west of the project site.
Table 3-6, Health Risk Impacts to MEIs, summarizes the maximum cancer risks, PM2.5 concentrations, and
health Hazard Index for project-related activities. Note that much of the health risk impacts are from
construction. Tabl e 3-6 also shows cumulative health risk impacts 52 at the sensitive receptors most affected
by construction (i.e., the MEIs).
TABLE 3-6 HEALTH RISK IMPACTS TO MEIS
Cancer Risk
(per million) a
Annual PM2.5
(μg/m3) a Hazard Index
Project Maximum Residential Impacts – Maximum Cancer Risk Impact
Project Construction 2.72 (infant) 0.07 <0.01
Project Operation (Emergency Generator) 0.12 <0.01 <0.01
Total/Maximum Project Impact 2.84 0.07 <0.01
Air District Recommended Threshold >10.0 >0.3 >1.0
Exceeds Threshold? No No No
Project Maximum Preschool (Ages 2-5) Impacts – Maximum Annual PM2.5 Concentration Impact
Project Construction 0.46 (child) 0.11 <0.01
Project Operation (Emergency Generator) 0.01 <0.01 <0.01
Total/Maximum Project Impact 0.47 0.11 <0.01
Air District Recommended Threshold >10.0 >0.3 >1.0
Exceeds Threshold? No No No
52 Cumulative health risk assessments look at all substantial sources of TACs located within 1,000 feet of a project site (i.e.,
influence area) that can affect sensitive receptors. These sources include rail lines, highways, busy surface streets, and stationary
sources identified by the Air District.
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TABLE 3-6 HEALTH RISK IMPACTS TO MEIS
Cancer Risk
(per million) a
Annual PM2.5
(μg/m3) a Hazard Index
Cumulative Impacts
Stevens Creek Boulevard, Average Daily Trips 20,502 0.54 0.08 <0.01
Stelling Road, Average Daily Trips 14,912 0.17 0.02 <0.01
Target Store T-0323 (Facility ID #17616, Generator),
MEIs at 875 feet <0.01 - -
De Anza Shell (Facility ID #107071-1-1, Gas
Dispensing Facility), MEIs at 700 feet 1.33 - 0.07
Cumulative Total <4.89 0.21 <0.10
Air District Recommended Threshold 100 0.8 10.0
Exceeds Threshold? No No No
Note: Modeling assumes compliance with CMC Section 17.04.050(A)(1), Control Fugitive Dust During Construction, and CMC Section 17.04.050(A)(2),
Control Construction Exhaust.
a. The maximum cancer risk and PM2.5 concentrations occur at different locations and receptor types.
Source: Illingworth & Rodkin Inc., revised February 6, 2025, 20840 Stevens Creek Boulevard Air Quality Assessment (see Appendix F, Air Quality
Assessment, of this document).
As shown in Table 3-6, the cancer risk, annual PM2.5 concentration, and Hazard Index do not exceed their
respective Air District single- or cumulative-source significance thresholds. Therefore, the proposed project
will not expose sensitive receptors to substantial pollutant concentrations.
3.4.3.4 ODORS
During project construction, some odors may be created due to diesel exhaust. However, these odors will
be temporary and limited to the construction period. The proposed project will not include any activities or
operations that will generate objectionable odors and once operational, the project will not be a source of
odors. Therefore, the proposed project will not create objectionable odors affecting a substantial number
of people.
3.4.3.5 GREENHOUSE GAS EMISSIONS
A project does not generate enough GHG emissions on its own to influence global climate change;
therefore, this section measures the proposed project contribution to the cumulative environmental impact
associated with GHG emissions. Development of the proposed project will contribute to climate change
through direct and indirect GHG emissions from the construction activities needed to implement the
proposed project, which will generate a short-term increase in GHG emissions.
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Construction Impacts
The Air District does not have thresholds of significance for construction-related GHG emissions, which are
one-time, short-term emissions and therefore will not significantly contribute to the long-term cumulative
GHG emission impacts of the proposed project. Implementation of the Air District’s basic construction best
management practices required pursuant to CMC Section 17.04.050(A)(1) will reduce GHG emissions by
reducing the amount of construction vehicle idling and by requiring the use of properly maintained
equipment. Therefore, project construction impacts associated with GHG emissions will be reduced to the
extent feasible, as required by the Air District.
Operational Impacts
The proposed project will generate a net increase of 209 daily weekday trips compared to existing on-site
land uses. Because transportation emissions will generate the majority of GHG emissions associated with
the proposed project, this net increase in daily trips will not substantially increase GHG emissions in the city.
Additionally, the new buildings will be more energy efficient than the existing structures and will be built to
achieve the latest Title 24 Building and Energy-Efficiency Standards.
The Air District has the following thresholds for land use projects in analyzing GHG emissions impacts;
projects must include conditions listed under either Criterion A or B:
A. Projects must include, at a minimum, the follow project design elements:
1. Buildings
a. The project will not include natural gas appliances or natural gas plumbing (in both
residential and nonresidential development).
b. The project will not result in any wasteful, inefficient, or unnecessary energy usage as
determined by the analysis required under CEQA Section 21100(b)(3) and Section
15126.2(b) of the State CEQA Guidelines.
2. Transportation
a. Achieve a reduction in project-generated vehicle miles traveled (VMT) below the regional
average consistent with the current version of the California Climate Change Scoping Plan
(currently 15 percent) or meet a locally adopted Senate Bill 743 VMT target, reflecting the
recommendations provided in the Governor’s Office of Land Use and Climate Innovation's
Technical Advisory on Evaluating Transportation Impacts in CEQA:
i. Residential projects: 15 percent below the existing VMT per capita
ii. Office projects: 15 percent below the existing VMT per employee
iii. Retail projects: no net increase in existing VMT
b. Achieve compliance with off-street electric vehicle requirements in the most recently
adopted version of CALGreen Tier 2.
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B. Projects must be consistent with a local GHG reduction strategy that meets the criteria under State
CEQA Guidelines Section 15183.5(b).
As described herein, the proposed project will meet the conditions listed under Criterion B, for being
consistent with a locally adopted GHG reduction strategy. In addition, it will not include natural gas
appliances or plumbing, or result in any wasteful, inefficient, or unnecessary energy usage, as previously
explained. Other applicable plans adopted for the purpose of reducing GHG emissions include the California
Air Resources Board’s (CARB) Scoping Plan and Plan Bay Area 2050. A consistency analysis with these plans
is also presented herein.
Cupertino Climate Action Plan
The Cupertino Climate Action Plan 2.0 (CAP 2.0) is a strategic planning document that identifies sources of
GHG emissions in the city’s boundaries, presents current and future emissions estimates, identifies a GHG
reduction target for future years, and presents strategic goals, measures, and actions to reduce emissions
from the energy, transportation, land use, water, solid waste, and green infrastructure sectors.
A specific project proposal is considered consistent with the Cupertino CAP 2.0 if it does not conflict with
the required GHG reduction measures contained in the adopted CAP. Project consistency with the adopted
GHG reduction measures is shown in Table 3-7, Cupertino Climate Action Plan Consistency Matrix.
TABLE 3-7 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX
Measure Consistency
Measure BE-1 Reduce non-SVCE usage rate to 2
percent for residential and 10 percent for
commercial by 2030 and maintain through 2040.
Consistent. As described in Chapter 2, Project Description, the proposed
project will comply with the current California Building and Energy
Efficiency Standards to reduce energy consumptions.
Measure BE-4 Require new residential and
commercial development to be all-electric at time of
construction.
Consistent. As described in Chapter 2, Project Description, the proposed
project will be fully electric.
Measure TR-1 Develop and implement an Active
Transportation Plan to achieve 15 percent of active
transportation mode share by 2030 and 23 percent
by 2040.
Consistent. The City is the responsible party for this measure. As
described in Chapter 2, Project Description, while the proposed project
does not propose any new bicycle lanes or routes, the site is accessible
from the existing Enhanced Bike Lane on Stevens Creek Boulevard. As
such, the proposed project will not conflict with the City’s 2016 Bicycle
Transportation Plan. Pedestrians will also have access to the site via the
existing sidewalks that will connect to the pedestrian network
surrounding the project site. Therefore, the proposed project will
promote and will not obstruct these alternative modes of transportation.
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TABLE 3-7 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX
Measure Consistency
Measure TR-2 Implement public and shared transit
programs to achieve 29 percent of public transit
mode share by 2030 and maintain through 2040.
Consistent. The City is the party responsible for this measure. The closest
bus stop to the project site is approximately 0.06 miles (317 feet) away,
on the east side of Siach Way on Stevenson Boulevard, and is served by
VTA bus routes 23, 25, 51, 55, and Rapid Transit 523.
Measure TR-3 Increase zero-emission vehicle (ZEV)
adoption to 35 percent for passenger vehicles and 20
percent for commercial vehicles by 2030 and 100
percent for all vehicles by 2040.
Consistent. The proposed project will result in an increase in land use
intensity in a portion of the city that has access to existing transportation
infrastructure and services, including the VTA bus routes 23, 25, 51, 55,
and Rapid Transit 523. To encourage transition to electric vehicles (EVs),
the proposed project will be required to install EV charging stations
pursuant to the City’s code. The proposed project will be conditioned by
the City to install six Level 2 EV Ready Circuits and six Level 1 EV Ready
Circuits, one of each in each of the townhome units, and therefore will be
consistent with this standard to increase this to the minimum of EV-
capable charging spaces to comply with the voluntary Tier 2 standards of
CALGreen, as required by the Air District.
Measure W-1 Implement SB 1383 requirements and
reduce communitywide landfilled organics 75
percent by 2025 and inorganic waste 35 percent by
2030 and reduce all waste 90 percent by 2040.
Consistent. The City is the party responsible for implementing this
measure. As described in Chapter 2, Project Description, the proposed
project will include compost and green waste disposal services through
the City’s contracts with Recology South Bay. The proposed project will
not conflict with implementation of this measure.
Measure W-2 Reduce overall waste disposed to
garbage, recycling, and compost per capita by 15
percent by 2035.
Consistent. The City is the party responsible for implementing this
measure. As described in Chapter 2, Project Description, the proposed
project will include compost and green waste disposal services through
the City’s contracts with Recology South Bay. The proposed project will
not conflict with implementation of this measure.
Measure W-3 Meet or exceed the SB 1383 recycled
organics products procurement requirements and
sequester or avoid at least 0.018 MT CO2e per person
by through 2045.
Consistent. The City is the party responsible for implementing this
measure. As described in Chapter 2, Project Description, the proposed
project will include compost and green waste disposal services through
the City’s contracts with Recology South Bay. The proposed project will
not conflict with implementation of this measure.
Measure WW-2 Reduce per capita water
consumption 15 percent compared to 2019 levels by
2030 and maintain through 2040
Consistent. The proposed project will comply with Senate Bill (SB) X7-7,
which requires California to achieve a 20 percent reduction in urban per-
capita water use by 2020 and will implement best management practices
for water conservation to achieve the City’s water conservation goals. As
described in Chapter 2, Project Description, the project incorporates low
water-use groundcovers, shrubs, and trees throughout the project site.
All landscape zones will be irrigated as required by the Cupertino
Landscape Ordinance, and water uses will be tailored to meet CALGreen
Building Standards, which requires water conservation and requires new
buildings to reduce water consumption by 20 percent. The proposed
project will not conflict with implementation of this measure.
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TABLE 3-7 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX
Measure Consistency
Measure CS-1 Increase carbon sequestration through
tree planting by developing and implementing an
Urban Forest Management Plan.
Consistent. The City is the party responsible for this measure. As
described in Chapter 2, Project Description, the proposed project will
increase landscaping on-site. This will increase tree canopy over the
buildings and hardscaped areas, reducing energy needed to cool the
buildings. The proposed project will include 3,847 square feet of on-site
bioretention facilities that will hold and treat stormwater before dispersal
to the City’s off-site storm drain infrastructure. Furthermore, the project
will comply with the Santa Clara Valley Urban Runoff Pollution Prevention
Program C.3 and CMC Chapter 9.18, Stormwater Pollution Prevention and
Watershed Protection, to ensure ongoing compliance with the City’s
municipal stormwater and urban runoff requirements. The proposed
project will not conflict with implementation of this measure.
Notes: Measures BE-2 and BE-3 apply to existing development and are not applicable. Measure TR-4 is a city measure to re-focus transportation
infrastructure in the city that is not applicable on a project-level. Measure CS-2 is for open space projects that can sequester carbon dioxide (CO2), and
therefore, is not directly applicable to the project.
Source: City of Cupertino, August 2022, City of Cupertino Climate Action Plan 2.0.
Development in Cupertino, including the proposed project, is required to adhere to City-adopted policy
provisions, including those contained in the adopted CAP 2.0. The City ensures that the provisions of the
Cupertino CAP 2.0 are incorporated into projects and their permits through development review and
applications of conditions of approval as applicable. Additionally, as previously stated, the proposed project
will replace the older structures with newer, more energy-efficient structures that achieve the most recent
California Building and Energy-Efficiency Standards and water-efficiency standards.
Furthermore, CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard
environmental protection requirements that all construction projects must meet. Specifically, the project
applicant will be required to comply with CMC Section 17.04.050(C), which will minimize stormwater runoff:
CMC Section 17.04.050(C), Reduce Greenhouse Gas Emissions (GHG) and Energy Use. The project
applicant shall complete the City of Cupertino Climate Action Plan – Development Project Consistency
Checklist, for review and approval by the City Environment and Sustainability Department prior to
issuance of the first permit, to demonstrate how the project is consistent with the Cupertino Climate
Action Plan, as subsequently revised, supplemented, or replaced, in order to reduce greenhouse gas
emissions and conserve energy.
Therefore, the proposed project will be consistent with Cupertino CAP 2.0.
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CARB’s Scoping Plan
CARB’s Climate Change Scoping Plan (Scoping Plan) outlines the State’s strategies to reduce GHG emissions
in accordance with the targets established under SB 32, Assembly Bill (AB) 32, and Executive Order (EO) B-
55-18. The Scoping Plan is applicable to State agencies and is not directly applicable to cities/counties and
individual projects. Nonetheless, the Scoping Plan has been the primary tool that is used to develop
performance-based and efficiency-based CEQA criteria and GHG reduction targets for climate action
planning efforts. CARB recently released the 2022 Scoping Plan to address measures to achieve the State’s
carbon neutrality goals under EO B-55-18.
Statewide strategies to reduce GHG emissions in the 2017 Climate Change Scoping Plan include
implementing SB 350, which expands the Renewable Portfolio Standards to 50 percent by 2030 and doubles
energy-efficiency savings; expanding the Low Carbon Fuel Standards (LCFS) to 18 percent by 2030;
implementing the Mobile Source Strategy to deploy zero-electric vehicle buses and trucks; implementing
the Sustainable Freight Action Plan; implementing the Short-Lived Climate Pollutant Reduction Strategy,
which reduces methane and hydrofluorocarbons to 40 percent below 2013 levels by 2030, and black carbon
emissions to 50 percent below 2013 levels by 2030; continuing to implement SB 375; creating a post-2020
Cap-and-Trade Program; and developing an Integrated Natural and Working Lands Action Plan to secure
California’s land base as a net carbon sink.
Statewide strategies to reduce GHG emissions include the low carbon fuel standards, California Appliance
Energy Efficiency regulations, California Renewable Energy Portfolio standard, changes in the CAFE
standards, and other early-action measures as necessary to ensure the State is on target to achieve the GHG
emissions-reduction goals of SB 32, AB 32, and EO B-55-18. In addition, new buildings are required to
comply with the current Building Energy-Efficiency Standards and CALGreen. The Cupertino CAP 2.0 is
consistent with the statewide GHG reduction strategy and therefore complying with the CAP 2.0 will ensure
the proposed project complies with the CARB Scoping Plan. The project’s GHG emissions will be reduced
from compliance with statewide measures that have been adopted since SB 32, AB 32, and EO B-55-18 were
adopted.
Plan Bay Area
Plan Bay Area 2050 is the Bay Area’s RTP/SCS that identifies a sustainable vision for the Bay Area. To achieve
the MTC/ABAG’s sustainable vision for the Bay Area, the Plan Bay Area 2050 land use concept plan for the
region concentrates the majority of new population and employment growth in the region in PDAs. An
overarching goal of the regional plan is to concentrate development in areas where there are existing
services and infrastructure rather than allocate new growth to outlying areas where substantial
transportation investments would be necessary to achieve the per-capita passenger vehicle, VMT, and
associated GHG emissions reductions. The project site is in a Santa Clara VTA City Cores, Corridors, and
Station Areas PDA and the proposed project is an infill development project that will result in an increase in
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land use intensity in a portion of the city that has access to existing infrastructure and services, including
transit service. Therefore, the proposed project will be consistent with Plan Bay Area 2050.
3.4.4 Water Quality
3.4.4.1 WATER QUALITY STANDARDS
The City, as a participant in the Santa Clara Valley Urban Runoff Pollution Prevention Program, which is
regulated by the NPDES Program, is committed to reducing pollutants entering waterways. Below is a
discussion of the proposed project’s compliance with water quality standards.
Construction Impacts
Because the proposed project is greater than one acre, it will be required to comply with the General Permit
for Stormwater Discharges Associated with Construction and Land Disturbance Activity (Construction
General Permit). The proposed project will also be required to comply with the Regional Water Board
Municipal Regional Permit (MRP), because it will create more than 10,000 square feet of impervious
surfaces. The proposed project is required to comply with the Santa Clara Valley Urban Runoff Pollution
Prevention Program C.3 requirements, which include minimization of impervious surfaces, measures to
detain or infiltrate runoff from peak flows to match pre-development conditions, and agreements to ensure
that the stormwater treatment and flow-control facilities are maintained in perpetuity. Furthermore, as
discussed in Section 2.4.5, Demolition, Grading, and Construction, the proposed project will be conditioned
to prepare and implement an SMP pursuant to CMC Section 17.04.050(B) that outlines procedures for soil
handling, soil characterization for offsite disposal or onsite re-use, confirmation sampling and analysis, and
importing of clean fill material. Compliance with applicable regulations, including the implementation of an
SMP, will ensure that the proposed project will not result in adverse impacts to water quality during the
construction period.
Operational Impacts
As stated previously, the proposed project will be required to comply with the MRP. Furthermore,
stormwater from implementation of the proposed project will be directed to the existing stormwater
system, in addition to being filtered through the 3,847 square feet of on-site bioretention areas as described
in Section 2.4.4.3, Stormwater Management. Therefore, the proposed project will continue to minimize
pollutant runoff from the project site and will not result in adverse water quality impacts during operation.
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3.4.4.2 GROUNDWATER
The proposed project will connect to the existing water lines on-site and will not use groundwater at the
site. Additionally, as described in Section 2.4.4.3, Stormwater Management, the proposed project will
include 3,847 square feet of on-site bioretention areas, which will allow water to percolate into the
groundwater basin below the project site. Therefore, the proposed project will not deplete groundwater
supplies or interfere substantially with groundwater recharge.
3.4.4.3 DRAINAGE PATTERNS
Stormwater runoff from the project site is channeled into a storm drain under Stevens Creek Boulevard.
Stormwater from Cupertino is eventually discharged into San Francisco Bay. As described in Section 2.4.4.3,
Stormwater Management, the proposed project includes 3,847 square feet of on-site bioretention areas
and will result in a decrease of 14,540 square feet of impervious surfaces. The proposed project will be
required to comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3
requirements, which include minimization of impervious surfaces, measures to detain or infiltrate runoff
from peak flows to match pre-development conditions, and agreements to ensure that the stormwater
treatment and flow-control facilities are maintained in perpetuity.
Additionally, CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard
environmental protection requirements that all construction projects must meet. Specifically, the project
applicant will be required to comply with CMC Section 17.04.050(F), which will minimize stormwater runoff:
CMC Section 17.04.050(F), Control Stormwater Runoff Contamination. The project applicant shall
demonstrate compliance with Chapter 9.18 (Stormwater Pollution Prevention and Watershed
Protection) of the Cupertino Municipal Code, to the satisfaction of the City of Cupertino. All identified
stormwater runoff control measures shall be included in the applicable construction documents.
CMC Chapter 9.18 is intended to provide regulations and give legal effect to certain requirements of the
NPDES permit, which requires erosion and siltation-control measures, issued to the City. Therefore,
compliance with the CMC and Santa Clara Valley Urban Runoff Pollution Prevention Program C.3
requirements will ensure that the proposed project will not substantially alter the existing drainage pattern
of the site or area.
3.4.4.4 INUNDATION
The project site is not in a 100-year flood zone or special flood hazard area as mapped by the Federal
Emergency Management Agency (FEMA). Additionally, the project site is also not in an area subject to
tsunami, seiche, or dam failure inundation. Therefore, the proposed project will not risk release of
pollutants due to project inundation.
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3.5 CEQA GUIDELINES SECTION 15332(E): UTILITIES AND PUBLIC
SERVICES
For the following reasons, the project site can be adequately served by all required utilities and public
services and therefore meets the criteria of CEQA Guidelines Section 15332(e).
The project site is in an urban area already served by all necessary municipal utilities (i.e., stormwater, water,
wastewater, solid waste) and public services (i.e., police and fire).
3.5.1 Stormwater
The project site is served by existing stormwater sewer systems, and the proposed project will not require
additional or modified stormwater sewer systems. As described in Section 2.4.4.3, Stormwater
Management, the proposed project will also implement 3,847 square feet of on-site bioretention areas to
reduce or slow stormwater runoff and will result in a decrease of 14,540 square feet of impervious surfaces.
Therefore, the proposed project will reduce demand to stormwater infrastructure when compared to
existing conditions and will not result in significant impacts to stormwater utilities.
3.5.2 Water
The project site is in the CWS service area. Water service to the project site will be provided by the existing
water line on Stevens Creek Boulevard. No new connections will be needed and are not proposed as part
of the proposed project. As shown in the water supply evaluation included in Appendix G, Environmental
Assessment, of the Cupertino General Plan, which includes the project site being developed at a greater
density (65 dwelling units per acre) than what is proposed (25 dwelling units per acre), CWS predicts that
there will be sufficient water supplies to meet citywide demand through year 2040 during normal, single-
dry, and multiple-dry years.53 Furthermore, the project applicant will be required to comply with CMC
Chapter 17.04, Standard Environmental Protection Requirements. Specifically, the project applicant will be
required to comply with CMC Section 17.04.050(I)(2), which will ensure adequate water supply and
infrastructure:
CMC Section 17.04.050(I)(2), Ensure Adequate Water Supply and Infrastructure. The project applicant
shall obtain written approval from the appropriate water service provider for water connections, service
capability, and location and layout of water lines and backflow preventers, prior to issuance of the first
permit.
53 City of Cupertino, April 2024, Cupertino General Plan Community Vision 2015-2040, Appendix G, General Plan 2040 and
Zoning Code Amendments Environmental Assessment, Table 4.15-3, Cal Water PAS Supply and Demand Comparison: 2025 to
2040 (AFY) https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning/General-Plan/General-Plan-
Community-Vision, accessed December 27, 2024.
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This will ensure that the existing system can support the proposed project. Therefore, the proposed project
will not result in significant impacts to water utilities.
3.5.3 Wastewater
The project site is in the CSD service area, and wastewater will be treated at the SJ/SCWPCP. Wastewater
generated by the proposed project will be collected by the existing sanitary sewer main along Stevens Creek
Boulevard. As shown in the wastewater evaluation included in Appendix G, Environmental Assessment, of
the Cupertino General Plan, which includes the project site being developed at a great density (65 dwelling
units per acre) than what is proposed (25 dwelling units per acre), CSD has sufficient capacity for buildout
of the General Plan. As shown, the increase in wastewater demand due to future potential development
from the General Plan is estimated to be approximately 0.41 million gallons per day (mgd). As of 2020, the
SJ/SCWPCP is treating 110 mgd with a permitted capacity of 167 mgd. Therefore, the wastewater treatment
facility has a residual capacity of 57 mgd and the addition of 0.41 mgd from implementation of the General
Plan buildout is only 0.7 percent of the residual capacity.54
The project applicant will be required to comply with CMC Chapter 17.04, Standard Environmental
Protection Requirements. Specifically, the project applicant will be required to comply with CMC Section
17.04.050(I)(1), which will minimize potential impacts to the sewer system:
CMC Section 17.04.050(I)(1), Manage Wastewater Inflow and Infiltration to Sewer System. Project
applicants shall implement the following measures to reduce wastewater flow:
a. The project applicant shall demonstrate, to the satisfaction of the City of Cupertino and Cupertino
Sanitary District (CSD) that the project would not exceed the peak wet weather flow capacity of the
Santa Clara sanitary sewer system by implementing one or more of the following methods:
i. Reduce inflow and infiltration in the CSD system to reduce peak wet weather flows, or
ii. Increase on-site water reuse, such as increased grey water use, or reduce water
consumption of the fixtures used within the proposed project, or other methods that are
measurable and reduce sewer generation rates to acceptable levels, to the satisfaction of
the CSD.
b. The project’s estimated wastewater generation shall be calculated using the current generation
rates used by the CSD unless alternative (i.e., lower) generation rates achieved by the project are
substantiated by the project applicant based on evidence to the satisfaction of the CSD.
54 City of Cupertino, April 2024, Cupertino General Plan Community Vision 2015-2040, Appendix G, General Plan 2040 and
Zoning Code Amendments Environmental Assessment, Table 4.15-6, Increase in Wastewater Demand with Proposed Modified
Project, https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning/General-Plan/General-Plan-
Community-Vision, accessed December 27, 2024.
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c. The project applicant shall obtain a letter of clearance from the Cupertino Sanitary District and
provide a copy of the letter of clearance to the City prior to issuance of the first permit.
This will ensure that the existing system can support the proposed project. Therefore, the proposed project
will not result in significant impacts to wastewater utilities.
3.5.4 Solid Waste
The City contracts with Recology to provide solid waste collection services to residents in the city. Solid
waste is collected by Recology and deposited at the Newby Island Sanitary Landfill in Milpitas. The proposed
project site is already served by solid waste services and will continue to be served by Recology under the
proposed project. As shown in the solid waste evaluation included in Appendix G, Environmental
Assessment, of the Cupertino General Plan, which includes the project site being developed at a greater
density (65 dwelling units per acre) than what is proposed (25 dwelling units per acre), the Newby Island
Sanitary Landfill has sufficient capacity for buildout of the General Plan. As shown, an increase of 8.8 tons
per day from implementation of the General Plan buildout would be 0.4 percent of the current residual
capacity of Newby Island Sanitary Landfill. 55 The proposed project will not result in an excess of solid waste
that will not be able to be accommodated under existing services.
3.5.5 Public Services Providers
The primary purpose of the public services impact analysis is to examine the impacts associated with
physical improvements to public service facilities required to maintain acceptable service ratios, response
times, or other performance objectives. Public service facilities need improvements (i.e., construction,
renovation, or expansion) as demand for services increase. Increased demand is typically driven by
increases in population. The proposed project will have a significant environmental impact if it exceeds the
ability of public service providers to adequately serve residents, thereby requiring construction of new
facilities or modification of existing facilities.
The proposed project is in an area already served by public service providers. Through developer impact
fees, development of the proposed project will support the City’s public services funds that are used, in
part, to maintain City services. Likewise, and pursuant to SB 50,56 the project applicant will be required to
pay the school impact fees required for residential development to offset impacts to the school district. As
shown in the public services evaluation included in Appendix G, Environmental Assessment, of the
Cupertino General Plan, which includes the project site being developed at a greater density (65 dwelling
55 City of Cupertino, April 2024, Cupertino General Plan Community Vision 2015-2040, Appendix G, General Plan 2040 and
Zoning Code Amendments Environmental Assessment, Table 4.15-7, Increase in Solid Waste Generation with Proposed Modified
Project, https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning/General-Plan/General-Plan-
Community-Vision, accessed December 27, 2024.
56 Senate Bill 50 amended California Government Code Section 65995, which contains limitations on Education Code Section
17620, the statute that authorizes school districts to assess development fees within school district boundaries.
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units per acre) than what is proposed (25 dwelling units per acre), impacts to public service providers (fire
protection, police, schools, libraries, and parks) were found to be less than significant at General Plan
buildout. Therefore, the proposed project will not result in an increase in demand that will prevent public
service providers from adequately serving residents.
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4. Exceptions
In addition to analyzing the applicability of CEQA Guidelines Section 15332 (Class 32), this document
assesses whether any of the exceptions to categorical exemptions identified in CEQA Guidelines Section
15300.2 (Exceptions) apply to the proposed project. The following analysis compares the criteria in CEQA
Guidelines Section 15300.2 (Exceptions) to the project, and concludes, based on substantial evidence, that
none of the exceptions are applicable to the project, and that the project is categorically exempt from CEQA
pursuant to CEQA Guidelines Sections 15300 and 15332.
4.1 CEQA GUIDELINES SECTION 15300.2(A): LOCATION
Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that
is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be
significant. Therefore, these classes are considered to apply to all instances, except where the project may
impact an environmental resource of hazardous or critical concern where designated, precisely mapped,
and officially adopted pursuant to law by federal, State, or local agencies.
The proposed project does not qualify for an exemption under Classes 3, 4, 5, 6, or 11. The project site is in
an urban developed area and is not in a sensitive environment. In addition, the proposed project will not
result in any impacts on an environmental resource of hazardous or critical concern. Therefore, the
exception under CEQA Guidelines Section 15300.2(a) does not apply to the proposed project.
4.2 CEQA GUIDELINES SECTION 15300.2(B): CUMULATIVE IMPACT
All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the
same type in the same place, over time, is significant.
The project site is in an urban neighborhood that is already served by utilities and public services, as well
as transportation. As discussed in Section 3.4, CEQA Guidelines Section 15332(d): Traffic, Noise, Air Quality,
or Water Quality, the proposed project will not result in significant impacts pertaining to traffic, noise, air
quality, or water quality. Any construction effects will be temporary, confined to the project vicinity, and
reduced to the extent feasible through compliance with the CMC and applicable regulations. Therefore, the
exception under CEQA Guidelines Section 15300.2(b) does not apply to the proposed project.
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4.3 CEQA GUIDELINES SECTION 15300.2(C): SIGNIFICANT EFFECT
A categorical exemption shall not be used for an activity where there is a reasonable possibility that the
activity will have a significant effect on the environment due to unusual circumstances.
There are no known unusual circumstances that are applicable to the project, which may result in a
significant effect on the environment. The proposed project consists of the demolition of the existing three
commercial buildings on the project site and the construction of 59 new residential townhome units. The
proposed project will not result in a change in the existing land use or zoning designations or introduce a
new activity to the area that could result in a significant effect on the environment. Therefore, the exception
under CEQA Guidelines Section 15003.2(b) does not apply to the proposed project.
4.4 CEQA GUIDELINES SECTION 15300.2(D): SCENIC HIGHWAYS
A categorical exemption shall not be used for a project that may result in damage to scenic resources,
including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a
highway officially designated as a state scenic highway. This does not apply to improvements that are
required as mitigation by an adopted negative declaration or certified environmental impact report (EIR).
The proposed project will not affect a resource within a State Scenic Highway. The nearest scenic highway,
State Route 9, is over five miles south of the project site. The nearest eligible State Scenic Highway, I-280, is
approximately 0.8 miles north of the project site, with urban development between.57 The project site is
not visible from I-280. Additionally, the project site and surrounding area are already developed. Therefore,
no scenic resources within view of a State Scenic Highway will be altered as part of the project.
4.5 CEQA GUIDELINES SECTION 15300.2(E): HAZARDOUS WASTE SITES
A categorical exemption shall not be used for a project on a site that is included on any list compiled
pursuant to Section 65962.5 of the Government Code.
California Government Code Section 65962.5 requires the California Environmental Protection Agency to
compile, maintain, and update specified lists of hazardous material release sites. CEQA requires the lead
agency to consult the lists compiled pursuant to Government Code Section 65962.5 to determine whether
a project and any alternatives are identified.58 The required lists of hazardous material release sites are
commonly referred to as the “Cortese List” named after the legislator who authored the legislation. Because
57 California Department of Transportation, 2025, California State Scenic Highway System Map,
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa, accessed February
13, 2025.
58 California Public Resources Code Section 21092.6.
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the statute was enacted more than 20 years ago, some of the provisions refer to agency activities that were
conducted many years ago and are no longer being implemented and, in some cases, the information
required in the Cortese List does not exist. Those requesting a copy of the Cortese Lists are now referred
directly to the appropriate information resources contained on internet websites hosted by the boards or
departments referenced in the statute, including California Department of Toxic Substance Control’s (DTSC)
online EnviroStor database and the State Water Resources Control Board’s (SWRCB) online GeoTracker
database. These two databases include hazardous material release sites, along with other categories of sites
or facilities specific to each agency’s jurisdiction.
The project site is not included on the Hazardous Waste and Substances Site List (Cortese) pursuant to
Government Code Section 65962.5 as of May 2025.59 Additionally, the project site is not listed on any of
the following CalEPA’s Cortese List Data Resources:60
List of Hazardous Waste and Substances sites from DTSC EnviroStor database 61
List of Leaking Underground Storage Tank Sites from SWRCB’s GeoTracker 62
List of solid waste disposal sites identified by SWRCB with waste constituents above hazardous waste
levels outside the waste management unit 63
List of “active” Cease and Desist Orders and Cleanup and Abatement Orders from SWRCB 64
List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the
Health and Safety Code, identified by DTSC 65
Therefore, the exception under CEQA Guidelines Section 15300.2(e) does not apply to the proposed project.
59 California Department of Toxic Substances Control, 2025, Hazardous Waste and Substances Site List (Cortese),
https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS&status=ACT,BKLG
,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29, accessed May 22, 2025.
60 California Environmental Protection Agency, 2025, Cortese List Data Resources,
https://calepa.ca.gov/SiteCleanup/CorteseList/, accessed May 8, 2025.
61 California Department of Toxic Substances Control, 2025, Hazardous Waste and Substances Site List (Cortese),
https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS&status=ACT,BKLG
,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29, accessed May 22, 2025.
62 State Water Resources Control Board, 2025, GeoTracker,
https://geotracker.waterboards.ca.gov/search?CMD=search&case_number=&business_name=&main_street_name=&city=&zip=
&county=&SITE_TYPE=LUFT&oilfield=&STATUS=&BRANCH=&MASTER_BASE=&Search=Search, accessed May 22, 2025.
63 California Environmental Protection Agency, 2025, Sites Identified with Waste Constituents Above Hazardous waste
Levels Outside the Waste Management Unit, https://calepa.ca.gov/wp-content/uploads/2016/10/SiteCleanup-CorteseList-
CurrentList.pdf, accessed May 22, 2025.
64 California Environmental Protection Agency, 2025, List of “active” CDO and CAO from Water Board,
https://calepa.ca.gov/wp-content/uploads/2016/10/SiteCleanup-CorteseList-CDOCAOList.xlsx, accessed May 22, 2025.
65 California Environmental Protection Agency, 2025, Cortese List: Section 65962.5(a),
https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/, accessed May 22, 2025.
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4.6 CEQA GUIDELINES SECTION 15300.2(F): HISTORICAL RESOURCES
A categorical exemption shall not be used for a project that may cause a substantial adverse change in the
significance of a historical resource.
The Union Church of Cupertino, 70 feet west of the project site, is considered a Historic Site in the Cupertino
General Plan.66 While no work is proposed on this neighboring site, construction activities could have the
potential to cause a substantial adverse change in the significance of historical resources in the immediate
vicinity of the site because demolition, excavation, and other construction activities could result in
substantial ground vibration or soil movement under or adjacent to the foundation of a historical resource.
Construction impacts typically consist of destabilization associated with groundborne vibration in the
vicinity of a historic building or destabilization associated with demolition or new construction directly
abutting a historic building. The California Department of Transportation criteria related to the potential for
historic and some old buildings to be damaged from groundborne vibration induced by construction
equipment for continuous/frequent intermittent sources is 0.25 PPV.67 As shown in Table 3-3, Construction
Equipment Vibration Levels, no construction equipment would exceed this criterion at 25 feet. Because the
Union Church of Cupertino is 70 feet from the project site, there would be no significant vibration impacts
from the proposed project. Furthermore, as outlined in Section 3.4.2.2, Groundborne Vibration, the project
applicant will be required to prepare and implement a Construction Vibration Monitoring Plan to minimize
impacts related to construction vibration, pursuant to CMC Section 17.04.050(G)(3).
There is also no known sensitivity for archaeological or paleontological resources on the site. However, the
site may contain previously unknown subsurface archaeological and paleontological deposits. The proposed
project will comply with Land Use and Community Design Element Policy 2-72 in the General Plan, which
requires compliance with City, State, and federal historic preservation laws, regulations, and codes,
including laws related to archaeological resources. In particular, the proposed project will be required to
comply with CEQA Guidelines Section 15064.5(e), which specifies procedures to be used in the event of a
discovery of Native American human remains on non-federal land. Additionally, CMC Chapter 17.04,
Standard Environmental Protection Requirements, identifies standard environmental protection
requirements that all construction projects must meet. Specifically, the project applicant will be required to
comply with CMC Sections 17.04.050(E)(1), 17.04.050(E)(2), and 17.04.050(H), which will minimize impacts
to archaeological resources, tribal cultural resources, and paleontological resources:
66 City of Cupertino, May 2024, Cupertino General Plan Community Vision 2015-2040, Chapter 3, Land Use and Community
Design Element, Figure LU-3, Historic Resources, https://www.cupertino.gov/Your-City/Departments/Community-
Development/Planning/General-Plan/General-Plan-Community-Vision, accessed March 17, 2025.
67 California Department of Transportation, April 2020, Transportation and Construction Vibration Guidance Manual, Table
19, Guideline Vibration Damage Potential Threshold Criteria, https://dot.ca.gov/-/media/dot-media/programs/environmental-
analysis/documents/env/tcvgm-apr2020-a11y.pdf, accessed March 17, 2025.
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CMC Section 17.04.050(E)(1), Protect Archaeological Resources and Tribal Cultural Resources. For all
projects requiring ground-disturbing activities on land with no known archaeological or tribal cultural
resources that has not been previously disturbed and/or where ground-disturbing activities would
occur at a greater depth or affect a greater area than previously disturbed, the following shall be
required:
a. Areas with No Known Cultural Resources. For all projects within areas where there are no known
cultural resources, prior to soil disturbance, the project applicant shall provide written verification,
including the materials provided to contractors and construction crews, to the City confirming that
contractors and construction crews have been notified of basic archaeological site indicators, the
potential for discovery of archaeological resources, laws pertaining to these resources, and
procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to, darker than
surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire affected rock or
earth); concentrations of stone, bone, or shellfish; artifacts of stone, bone, or shellfish;
evidence of living surfaces (e.g., floors); and burials, either human or animal.
ii. The potential for undiscovered archaeological resources or tribal cultural resources on site.
iii. The laws protecting these resources and associated penalties, including, but not limited to,
the Native American Graves Protection and Repatriation Act of 1990, Public Resources Code
Section 5097, and California Health and Safety Code Section 7050 and Section 7052.
iv. The protection procedures to follow should construction crews discover cultural resources
during project-related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and implement a
plan for survey, subsurface investigation, as needed, to define the deposit, and
assessment of the remainder of the site within the project area to determine whether
the resource is significant and would be affected by the project.
3. Any potential archaeological or tribal cultural resources found during construction
activities shall be recorded on appropriate California Department of Parks and Recreation
forms by a qualified archaeologist. If the resource is a tribal cultural resource, the
consulting archaeologist shall consult with the appropriate tribe, as determined by the
Native American Heritage Commission, to evaluate the significance of the resource and
to recommend appropriate and feasible avoidance, testing, preservation or mitigation
measures, in light of factors such as the significance of the find, proposed project design,
costs, and other considerations. The archeologist shall perform this evaluation in
consultation with the tribe.
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b. Areas with Known Cultural Resources. For all projects within areas of known cultural resources as
documented in the 2015 General Plan EIR Table 4.4-2, Cultural Resources in the Project Study Area
and Vicinity, as subsequently revised, supplemented, or replaced by the City, and the archaeological
or tribal cultural resources cannot be avoided, in addition to the requirements in Section E.1.a for
all construction projects with ground-disturbing activities, the following additional actions shall be
implemented prior to ground disturbance:
i. The project applicant shall retain a qualified archaeologist to conduct a subsurface
investigation of the project site, and to ascertain the extent of the deposit of any buried
archaeological materials relative to the project’s area of potential effects, in consultation with
a tribal representative as applicable. The archaeologist shall prepare a site record and file it
with the California Historical Resource Information System and the City of Cupertino.
ii. If the resource extends into the project’s area of potential effects as determined by the
archaeologist, the resource shall be evaluated by a qualified archaeologist to determine if the
resource is eligible for listing on the California Register of Historical Resources. If the qualified
archaeologist determines that the resource is not eligible, no further action is required unless
there is a discovery of additional resources during construction (as required above for all
construction projects with ground-disturbing activities). If the qualified archaeologist
determines that the resource is eligible, the qualified archaeologist shall identify ways to
minimize the effect which the project applicant shall implement. A written report of the
results of investigations and mitigations shall be prepared by the qualified archaeologist and
filed with the California Historic Resources Information System Northwest Information Center
and the City of Cupertino.
CMC Section 17.04.050(E)(2), Protect Human Remains and Native American Burials. The project
applicant shall comply with California Health and Safety Code Section 7050.5 and California Public
Resources Code Section 5097.98.
a. In the event of discovering human remains during construction activities, there shall be no further
excavation or disturbance of the site within a 100-foot radius of the remains, or any nearby area
reasonably suspected to overlie adjacent remains.
b. The Santa Clara County Coroner shall be notified immediately and shall make a determination as to
whether the remains are Native American.
c. If the Santa Clara County Coroner determines that the remains are not subject to his authority, he
shall notify the Native American Heritage Commission (NAHC) within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of the deceased Native
American.
e. The Most Likely Descendant has 48 hours following access to the project site to make
recommendations or preferences regarding the disposition of the remains. If the Most Likely
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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.
CMC Section 17.04.050(H), Protect Paleontological Resources During Construction. If paleontological
resources are encountered during ground disturbing and/or other construction activities, all
construction shall be temporarily halted or redirected to allow a qualified paleontologist, which shall
be retained by the project applicant, to assess the find for significance. If paleontological resources are
found to be significant, the paleontological monitor shall determine appropriate actions, in
coordination with a qualified paleontologist, City staff, and property owner. Appropriate actions may
include, but are not limited to, a mitigation plan formulated pursuant to guidelines developed by the
Society of Vertebrate Paleontology and implemented to appropriately protect the significance of the
resource by preservation, documentation, and/or removal, prior to recommencing activities. Measures
may include, but are not limited to, salvage of unearthed fossil remains and/or traces (e.g., tracks, trails,
burrows); screen washing to recover small specimens; preparation of salvaged fossils to a point of being
ready for curation (e.g., removal of enclosing matrix, stabilization and repair of specimens, and
construction of reinforced support cradles); and identification, cataloging, curation, and provision for
repository storage of prepared fossil specimens.
With mandatory compliance with CMC Sections 17.04.050(E)(1), 17.04.050(E)(2), and 17.04.050(H), the
proposed project will not result in significant impacts to unknown archaeological, tribal cultural, and
paleontological resources. Therefore, the exception under CEQA Guidelines Section 15003.2(f) does not
apply to the proposed project.
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5. Conclusion
As discussed in Chapter 3, Exemption, of this document, the proposed project meets the criteria for
categorically exempt in-fill development projects in CEQA Guidelines Section 15332 and because, as
discussed previously, none of the exceptions to the categorical exemptions in CEQA Guidelines Section
15300.2 apply, and it will not have a significant effect on the environment pursuant to CEQA, this analysis
finds that a Notice of Exemption is appropriate for the proposed project.
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6. List of Preparers
CITY OF CUPERTINO
Luke Connolly, Assistant Director of Community Development
Piu Ghosh, Planning Manager
Emi Sugiyama, Associate Planner, Project Manager
PLACEWORKS
Terri McCracken, Principal, Principal-in-Charge
Vivian Kha, Associate, Project Manager
Nicole Vermilion, Principal, Air Quality, Greenhouse Gas Emissions, and Noise
Lance Park, Senior Associate, Air Quality and Greenhouse Gas Emissions
Chris Shields, Senior Associate, Noise
Emily Parks, Associate, Air Quality and Greenhouse Gas Emissions
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May 30, 2025
City of Cupertino Sent Via E-Mail: EmiS@cupertino.gov
Planning Department
Attn: Emi Sugiyama
10300 Torre Ave
Cupertino, CA 95014
RE: Proposed Townhome Development at 20840 Stevens Creek Blvd /
Development Permit File #DP-2024-002
Dear Ms. Sugiyama:
I am writing this letter to express my support of the proposed townhome development by
SummerHill Homes at 20840 Stevens Creek Blvd. I am the owner of the next door
restaurant, Dish N Dash at 20750 Stevens Creek Boulevard, which I have been operating
in Cupertino since 2018.
We welcome the new residents who will lead to more revenue, which will help offset some
of the inflationary challenges we face. The proposed townhome project will replace the
older vacant retail space providing a substantial safety improvement to the neighborhood.
The existing property currently feels largely abandoned with the vacant restaurant
building and limited customer traffic to Staples. As such I currently have to keep certain
staff members on longer to walk employees to their cars at the end of their shift and
provide security. We are also concerned about the continued tenant turnover at the
shopping center now that Party City has vacated. The permanence of the new residents
directly next door will bring great tailwinds to my business, which I hope will stay for
decades to come. Additionally, unlike our downtown Sunnyvale location where many
customers walk over, all of the customers currently drive to the Cupertino site. We’ve
found there is a much greater sense of community when there are residents that can walk
over. Those customers visit much more often.
I look forward to seeing the townhome project approved and brought to fruition as it will
greatly benefit my business along with the other businesses in the neighborhood.
Thank you,
Emad Ibrahim
Owner of Dish N Dash
Docusign Envelope ID: B7DE4EFD-4DFF-4EFA-8239-E063687FC3C1
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June 2, 2025
City of Cupertino
Planning Department
Attn: Emi Sugiyama
10300 Torre Ave
Cupertino, CA 95014
Sent via email: EmiS@cupertino.gov
Re: Proposed Townhome Development at 20840 Stevens Creek Blvd /
Development Permit File #DP-2024-002
Dear Ms. Sugiyama,
My name is Don Tepman, and I have helped the Byer family asset manage Cupertino
Crossroads for more than twenty years. The Byer family has owned this property since
the 1960s and takes immense pride in operating and maintaining high -quality retail
centers across the Bay Area. Over the decades, we’ve continually reinvested in
Cupertino Crossroads to support its businesses and the surrounding community. We
know this property intimately—every storefront, every tenant, every challenge.
We write today in strong support of SummerHill Homes’ proposed townhome
development at 20840 Stevens Creek Blvd.
Despite our efforts to market the Staples building extensively for several years, we have
not had success. Retail has fundamentally changed, and this specific corridor has been
hit particularly hard. Over the last several years alone, Party City, Pizza Hut, Fontana’s,
and Sprouts have all vacated. Staples is struggling—its sales continue to decline, it
continues to close stores nationally and its lease expires in Spring 2026. We
approached them with the opportunity to move into the Party City space, but they
declined to consider it.
The current buildings are functionally obsolete. The capital required to redevelop them
for modern retail use is simply not economically viable or sustainable given current
demand. If this proposed townhome development is not approved, we fear the status
quo will persist indefinitely—leaving the community with more vacant, deteriorating
buildings and an increasingly hollow retail corridor. As longtime property owners and
supporters of Cupertino, it is situation we would not want to see.
This project represents a rare and timely opportunity to support the existing businesses
in Cupertino Crossroads—more than 20 small retailers and service providers who face
mounting pressure from rising labor, utility, and insurance costs. New residential
neighbors would bring much-needed foot traffic, energy, and stability to the area. We’ve
Docusign Envelope ID: 9EEF6342-EFCC-42D2-916E-D65DE84AAFD9
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seen firsthand how businesses thrive when there’s a walkable, local customer base.
Without it, many of our tenants may not survive.
The Cupertino Crossroads has been a part of this community for over 60 years. We
want to ensure it remains vibrant for decades to come. We believe this project would be
a catalyst for revitalization—not just for our property, but for the entire Stevens Creek
corridor. We fully support the proposed townhomes and encourage the City to approve
this important step forward.
Sincerely,
Don Tepman
On behalf of the Byer Family, Owners of Cupertino Crossroads
Docusign Envelope ID: 9EEF6342-EFCC-42D2-916E-D65DE84AAFD9
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05/12/2025
City of Cupertino
Planning Commission
10300 Torre Ave
Cupertino, CA 95014
Via email (planning@cupertino.gov)
Re: May 13, 2025 hearing, agenda item 3
Dear Planning Commission of Cupertino,
We are pleased to submit this letter of support of the proposed Summerhill Homes project at
20840 Stevens Creek Boulevard. YIMBY Law is a 501(c)3 non-profit corporation, whose mission
is to increase the accessibility and affordability of housing in California. The Summerhill Homes
project will consist of 59 townhomes, which include 12 below market rate townhomes, on a site
designated for residential development in the Cupertino Housing 2023-2031 Housing Element.
Summerhill’s proposal is consistent with the Heart of the City specific plan, the Cupertino
General Plan, and local zoning ordinances. As your officials have already identified to
California’s Department of Housing and Community Development that the site is appropriate
for residential use and may contribute to the RHNA obligations, it is inarguably beneficial to
public welfare that it be used for that purpose.
The Housing Crisis Act of 2019 (SB 330) and the City’s Housing Element
SummerHill proposes to develop 59 townhome-style condominiums on a portion of the
approximately 2.97-acre site at 20840 Stevens Creek Boulevcard. SummerHill submitted an
SB 330 Preliminary Application for the project on January 29, 2024. Pursuant to section 65589.5
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of the Government Code, the project is subject only to the ordinances, policies, and standards
adopted and in effect when the Preliminary Application was submitted.
The proposed project is consistent with the City’s General Plan and zoning ordinance and other
applicable objective standards. In addition, the City’s subsequently approved 2023–2031
Housing Element identifies the project as a Housing Inventory Site . By designating the site as a
Housing Inventory Site, the City selected the site for residential use and determined that
residential development of the site would assist the City in meeting its Regional Housing Needs
Allocation.
The State Density Bonus Law
SummerHill proposes to provide 12 of the 59 townhome-style condominiums at below market
rate prices. By designating at least 10 percent of the units for Moderate Income households, the
project qualifies for benefits under the State Density Bonus Law.
Under the State Density Bonus Law, a developer may propose unlimited waivers of development
standards that would have the effect of physically precluding construction of a qualifying project
at the densities or with the concessions or incentives permitted by the Density Bonus Law.
SummerHill is entitled to the waivers it has requested, all of which will provide relief from
development standards that would physically preclude construction of the project at the density
proposed.
Once a project qualifies for a density bonus, State law provides that the City may deny a
requested waiver only if it would have a specific, adverse impact upon health or safety, would
have an adverse impact on a historic resource, or would be contrary to State or Federal law. In
this context, specific adverse impact “means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed complete.”1 There is no
1 Gov. Code, §§ 65915, subd. (e)(1), 65589.5, subd. (d)(2).
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substantial evidence in the record that any of SummerHill’s requested waivers would meet the
criteria for City denial.
The Housing Accountability Act
The Housing Accountability Act, in Section 65589.5(j)(1)(A)-(B), limits a municipality’s ability
to deny or condition on lower density a housing development project that complies with
objective standards. The City may only disapprove the project or impose conditions on the
project that would reduce density if necessary to avoid a “significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public health or safety standards,
policies, or conditions as they existed on th e date the application was deemed complete” and
there is no feasible method to mitigate or avoid those impacts other than disapproval or
development at a lower density.
We have reviewed the project plans, the CEQA document and the various expert reports that have
been prepared for the project, and there is not a preponderance of evidence in the record that
would justify the City’s disapproval of the project or conditionin g the project in a manner that
would reduce density.
Summ ary
The Legislature has made numerous amendments to California Housing Law in an effort to
provide increased clarity and certainty for both municipalities and housing providers. Based on
these laws, the project is subject only to the objective standards that were in effect on the date
of the Preliminary Application; the project is entitled to the requested waivers under Density
Bonus law; with those waivers the project is consistent with applicable objective standards; and
the evidence in the record would not justify the City’s denial of the project or imposition of
approval that would reduce density. Disapproval of the project or approval with conditions that
would render the project infeasible at the density proposed would contravene State law.
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It is YIMBY Action’s understanding that City staff has processed SummerHill’s development
application with professionalism and recognition of the City’s obligations under State law. We
appreciate the staff’s cooperation and encourage the Planning Commission and the City Council
to continue to uphold the same standard.
I am signing this letter both in my capacity as the Executive Director of YIMBY Law, and as a
resident of California who is affected by the shortage of housing in our state. I look forward to
seeing this project approved and bought to realization to help change the tides of the housing
crisis in the Bay Area.
Sincerely,
Sonja Trauss
Executive Director
YIMBY La w
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June 4, 2025
RE: Endorsement of 20840 Stevens Creek in Cupertino, CA
Dear Cupertino Planning Commission,
For over 60 years, Greenbelt Alliance has helped create cities and
neighborhoods that make the Bay Area a better place to live—healthy
places where people can walk and bike; communities with parks, shops, transportation options; homes
that are affordable and resilient to the impacts of climate change. Greenbelt Alliance’s Climate
SMART—Sustainable, Mixed, Affordable, Resilient, Transit-Oriented—Development Endorsement
Program provides support for projects that advance the right kind of development in the right places. By
promoting climate-smart development we can create thriving, resilient neighborhoods with ready access
to transit and housing choices for all of the Bay Area’s people.
After careful review, Greenbelt Alliance is pleased to endorse the proposed 20840 Stevens Creek
project.
Location and Economic Benefits
In hopes to build more infill housing, the developer SummerHill Homes is proposing a 59-unit
townhome neighborhood nearby a plethora of community amenities including shops, parks,
schools, and a community college. It is well situated for residents to have access to many of their
basic needs. 12 of the units will be deed-restricted, below-market rate housing which will promote
affordability and accessibility in the community.
Sustainable Development
The project will be an all-electric residential neighborhood, providing solar panels and EV
charging capacities within each home. Sustainability is also reflected in their landscaping and
water management practices: SummerHill will grow drought tolerant and native plants, include
climate sensitive controllers in common areas, and set up biological treatment for stormwater
runoff. The development will also be built in an area with minimal fire and flood risks, promoting
its overall resilience to climate hazards.
Moreover, the 20840 Stevens Creek project will be moderately connected to public transit. It will
be besides multiple VTA bus routes including the 55, 51, Rapid 523, and 23. Residents are also
encouraged to bike to nearby amenities, with each garage allotting 2 spaces for bicycles.
According to GreenTRIP—a free online tool created by Transform that models traffic and
greenhouse gas impacts of residential projects in California— the 20840 Stevens Creek project
development will result in:
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● 231 fewer miles driven every day compared to the Santa Clara County average.
● 12% fewer GHG impacts every day compared to the Santa Clara County average.
● 3% less parking use every day compared to the Santa Clara County average.
Greenbelt Alliance believes the 20840 Stevens Creek project will provide much needed SMART,
infill housing in Cupertino and we are proud to give this project an endorsement! We hope its
approval will inspire higher density development in the city and around the Bay Area.
Sincerely,
Andrew Ha
State and Regional Resilience Associate
Greenbelt Alliance
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EV
CHARGING
ONLY
STEVENS CREEK BOULEVARD
EV
CHARGING
ONLY
BLDG 1
BLDG 2
BLDG 4
BLDG 7
A
S
T
R
E
E
T
B STREET
C
S
T
R
E
E
T
BLDG 8
BLDG 3
BLDG 5
BLDG 6
C
S
T
R
E
E
T
***
*
*
*
TYPICAL A STREET W/ PARKING SECTION
TYPICAL 24' C STREET W/ PARKING SECTION
TYPICAL 26' C STREET SECTION (BLDG 7 & 9)
TYPICAL B STREET SECTION
TYPICAL A & C STREET SECTION (BLDG 4)
STEVENS CREEK BOULEVARD FRONTAGE SECTION
STEVENS
CREEK BLVD
STEVENS CREEK BOULEVARD FRONTAGE
W/ BIORETENTION SECTION
STEVENS
CREEK BLVD
STEVENS CREEK BOULEVARD FRONTAGE
W/ DRIVEWAY SECTION
STREET A
STEVENS
CREEK BLVD
LEGEND:ABBREVIATIONS
*
NOTE:
H:\3950-000\ACAD\TM\C2.0.DWG
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1
.
0
7
9
20840 Stevens Creek Boulevard
Cupertino, CA
March 26, 2025
3000 Executive Parkway, Suite 450 San Ramon, Ca 94583
650-857-0122
PRELIMINARY SITE PLAN C2.0
SCALE 1" = 30'
0'60'30'15'30'0'
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