CC 07-01-2025 Searchable Packet — Cupertino City Council, July 1, 2025 (part 3 of 5)

Time Details
0700 SES and Coastwide arrived on site. SES project manager, Mitch Edwards met with site technician, Mark Stockwell to review the scope of work and tour the site. Coastwide’s supervisor, Ben Cardenas and 3 crewmen began mobilizing equipment.
0710 CUSD representative, Travis Kirk arrived on site and reviewed the scope of work and utilities status and unlock the buildings.
0720 SES toured the project site with Ben Cardenas and reviewed the scope of work for asbestos abatement, lead paint removal and stabilization, and other hazardous materials within the scope of work. SES also discussed the clearance inspection methods with Coastwide. 0800 Coastwide began installing polyethylene drop sheeting along the base of the exterior walls of the shop and southeast out buildings in preparation for lead paint removal and stabilization from the exterior walls, eaves and fascia.
0830 SES finished reviewing Coastwide’s worker certifications and medical release information. SES discovered that 1 of Coastwide’s workers was not certified to do lead work, Omar Yanez. Ben Cardenas was informed, and he pulled Omar from the lead crew and had him begin preparation work inside the house for pending asbestos abatement work. SES provided a preparation inspection of the Zone 1 preparation measures and approved the work area, authorizing Coastwide to continue paint removal and stabilization.
0840 Ben Cardenas informed SES that a rental generator would be arriving later this morning to run the negative air machines and other equipment once asbestos abatement begins. He also stated that his DOP testing firm was arriving this morning to test the negative air machines and HEPA vacuums. 0900 Coastwide started preparing the Zone 2 – northeast utility room, restroom and garage hallway, and Zone 3 - basement and crawlspace, for upcoming asbestos abatement work. According to Ben Cardenas, this work won’t begin until tomorrow or Wednesday. SES PM offsite. 0915 Envirostar’s representative, Ed, arrived on site to DOP test the HEPA filtration machinery. Coastwide has not yet received their generator so the testing will need to wait until it arrives. 0915 SES left the jobsite to obtain site keys from the CUSD maintenance office. 1000 Envirostar left the jobsite. They will return tomorrow morning to DOP test once a generator is obtained to operate the HEPA filtration machinery.
1100 Coastwide broke for lunch.
1130 Coastwide’s power generator arrived on site, delivered by the rental company. 1200 Coastwide’s crewmen returned from lunch. Two workers continued lead paint removal/stabilization on shop and southeast buildings while Ben Cardenas and 1 other worker continued preparation work in the house.
1220 Ben Cardenas opened the main water valves to the building after cutting a zip tie that secured the water main at the street.
1240 Ben Cardenas and 1 other worker removed the mercury containing thermostats located in the house.

The thermostats will be wrapped in polyethylene sheeting and disposed of as mercury containing waste.
1315 Coastwide’s lead paint removal crewmen finished scraping the chipping and peeling paint from the southeast shop and outbuildings. The crewmen relocated the work area to the central shed where they placed polyethylene sheeting on the ground around the building perimeter and prepared to begin paint stabilization. SES began a preliminary visual clearance inspection of the shop and southeast outbuildings. The paint removal/stabilization work appeared to have been completed as required, however, the remaining painted surfaces were found to be badly chalking and SES informed Ben Cardenas that the re-priming would not likely adhere to the exterior paint surfaces. SES recommended that Coastwide bring rags to the jobsite and wet wipe the exterior paint before stabilization priming. He stated that he would do so tomorrow. SES will complete a final visual inspection of Zone 1 – exterior paint removal once the wet wiping is completed, and before the priming is started. 1330 Coastwide finished establishing the regulate work area around the central shed and SES completed a preparation inspection before authorizing the crewmen to continue paint removal/stabilization on the building.
1400 SES walked the perimeter of the house with Ben Cardenas to inspect for damaged painted surfaces that would require paint stabilization scraping. Minor quantities of damaged paint were identified, mostly on the flower box framing below the windows, some eaves and portico framing, and on various window framing around the building. Coastwide will finalize the paint stabilization on house tomorrow. 1410 Ben Cardenas was instructed to turn off the water to the site and secure all doors before leaving at the end of each day. Coastwide will also secure its equipment inside the building each night. 511
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Daily Notes – CUSD – Finch Avenue Abatement
SES Project No. 18-018
Date: 6/4/18

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Time Details
1440 Coastwide finished scraping and stabilizing lead containing paint from the central shed and began cleaning up polyethylene sheeting and bags. SES authorized the crewmen to deregulate the work area for the night.
1500 Coastwide finished cleaning up the jobsite and began securing the perimeter doors and gates. 1515 Coastwide finished securing the site, turned off the water and left the jobsite. 512
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ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

DAILY SUMMARY REPORT
Client Name: Cupertino Union School District Report Date: 6/5/18 Project Name: Finch Avenue Abatement
Address: 10480 Finch Avenue, Cupertino, CA 95014
Type of Abatement: Asbestos Mold Lead PCBs SES Project #: 18-018 Location(s) of Work: Zone 1 – Exteriors of shop, house, garage and out buildings, Zone 2 – NE utility room, restroom and garage hallway, Zone 4 – Shop ceiling-mounted heater Abatement Activity: Zone 1 - Lead containing paint scrape on exterior walls, eaves and fascia, primer painting of walls, Zone 2 - preparation work and abatement of vinyl floor tile, and Zone 4 preparation and wrap & cut removal.

Method(s) of Abatement: Wet scraping of lead-based paint, wet scrape of vinyl floor tile, wrap & cut of heater Contractor: Coastwide Environmental Shift Duration (hours): 8 # Workers Onsite: 4 Item Yes No N/A Deficiency/Action Taken
Outside ambient air samples below standards X 1st day of sampling Negative pressure maintained at specification requirements X Work area(s) meet smoke test requirements X
Work area barrier(s) maintained in good condition X
Work area signs in-place and maintained in good condition X Waste bags properly labeled X
Material worked/maintained wet X
HEPA vacuums used X
Removed material promptly bagged X
Waste material removed from work area(s) daily X
Work area(s) clean/end of shift/day X
PPE and hygiene facilities/practices adequate X

SUMMARY OF DAILY EVENTS
• Zone 1: Coastwide completed lead paint removal and stabilization in Zone 1 today. SES completed final visual clearance inspections throughout the day and approved the work before Coastwide relocated to different areas of the property.
• Zone 2: Coastwide finalized preparation of the work area (northeast restroom, utility rooms and garage hallway).

SES approved the containment construction with a preparation inspection before Coastwide was authorized to start removal of asbestos containing (AC) vinyl floor tile in the work area. Upon completion of the abatement, SES completed a visual clearance inspection and authorized Coastwide to encapsulate the work area. SES will collect non-aggressive PCM air clearance sampling in the work area tomorrow. • Zone 4: Coastwide completed the preparation of the containment at the shop ceiling mounted heater and SES approved the containment. The heater with AC insulation was removed by the wrap and cut removal method.

The heater was wrapped in polyethylene sheeting and removed intact without disturbing the AC insulation. SES completed and approved a final visual clearance inspection and authorized Coastwide to encapsulate the work area. SES will collect a clearance air sample tomorrow.

SES Representative: Mark Stockwell
Cc to: Mitch Edwards
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Daily Notes – CUSD – Finch Avenue Abatement
SES Project No. 18-018
Date: 6/5/18

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Time Details
0600 SES and Coastwide arrived on site. Two of the lead workers began setting up equipment to continue lead paint removal around the perimeter of the house. Ben Cardenas and the 4th worker staged HEPA equipment for DOP testing.
0610 Envirostar arrived on site and began DOP testing Coastwide’s HEPA equipment (3 air filtration machines, 2 vacuums and 2 air scrubbers). All equipment passed the DOP testing and certification stickers were attached to each machine.
0615 Coastwide’s supervisor, Ben Cardenas, walked the perimeter of the house with his 2 lead workers and SES and denoted areas where damaged paint was located on window box shelves, window frames, portico columns and walls. SES also directed Coastwide to remove damaged paint from concrete sidewalks.
0715 Coastwide finished preparation measures for Zone 2 – the northeast containment of the house at the utility room, restroom and garage hallway. SES completed a preparation inspection of the work area and authorized Coastwide to begin removing the AC floor tile in the work area. SES inspected the Zone 2 manometer and observed average negative pressure between -0.060 and -0.082 inches water column.
0745 Coastwide’s lead paint removal crewmen began stabilizing paint removal areas on the west side exterior perimeter of the house using an airless sprayer and primer paint. SES inspected the areas completed and confirmed that the damaged paint had been removed and stabilized appropriately. 0815 Coastwide finished the gross removal of the AC vinyl floor tile from Zone 2 and began bagging the waste and detail cleaning the floor. SES verified that the non-friable waste was double bagged in nonlabeled waste bags. SES confirmed again that the analytical results for the flooring in Zone 2 (018- M28-01 & 018-M28-02) yielded 5% chrysotile asbestos in the floor tile only and the associated mastic was “non-detect” for asbestos, therefore, Coastwide will be able to leave the floor mastic in place after the tile is removed.
0920 Coastwide finished loading out waste bags from the Zone 2 containment, as well as wet wiping and HEPA vacuuming. Ben Cardenas requested a visual clearance inspection of the work area. 0930 SES entered the Zone 2 containment to complete a visual clearance inspection. SES walked the work area with Coastwide’s worker and identified several areas where 3-dimensional floor tile debris remained on the floor surface. The debris was difficult to identify due to the non-asbestos containing floor mastic remaining on the concrete floor surface. Coastwide was directed to continue cleaning with a hand scraper rather than a spud bar, then HEPA vacuum a second time before requesting another visual clearance inspection.
0955 Coastwide requested a second visual clearance inspection of the Zone 2 containment. SES entered the work area and inspected the floor with the worker. SES identified numerous areas where additional floor tile debris was located and Coastwide’s worker followed behind and cleaned the areas immediately.
1010 SES approved the Zone 2 containment and authorized Coastwide to encapsulate the work area. 1015 Coastwide’s crewmen broke for lunch.
1115 Coastwide returned from lunch and one worker continued lead paint removal and stabilization on the south and east exterior walls of the house. The second lead worker began spray paint stabilization of the central shed. A third worker and the supervisor, Ben, began preparation of the shop to remove the ceiling-mounted heater which contains asbestos insulation. 1140 Coastwide’s paint sprayer relocated to the shop and southeast outbuilding to continue spray paint stabilization of the exterior of these buildings.
1145 SES inspected the preparation efforts of the heater in the shop – Zone 4. SES observed the Coastwide worker was not wearing a respirator and suit since the ACM material was inside the heater and would not be disturbed during removal. SES recommended that the worker wear PPE as the ACM is friable and may be dislodge during removal. SES also recommended that Coastwide install a mini containment around the heater work area in order to more easily collect and pass air clearance sampling tomorrow. Ben Cardenas began installing a polyethylene curtain around the work area. 1215 Coastwide finished the wrap & cut removal of the shop heater Zone 4 and SES inspected the work area before approving the visual clearance. SES authorized Coastwide to encapsulate the work area.

Clearance samples will be collected tomorrow in the work area. 1240 Coastwide finished encapsulating the Zone 4 work area. 1300 Coastwide’s lead workers relocated. The paint scraper moved from the south and east sides of the house to the northeast corner near the garage, and the paint sprayer moved from the shop to the south and east sides of the house.
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Daily Notes – CUSD – Finch Avenue Abatement
SES Project No. 18-018
Date: 6/5/18

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Time Details
1315 Coastwide collected all lead and asbestos debris bags and properly labeled the bags. SES asked Ben Cardenas how Coastwide intends to dispose of the lead ceramic tile waste. Ben was not aware if the ceramic tile debris would be disposed of as CA hazardous lead waste or if it would be sent in for characterization analysis. He stated that he would discuss this with his supervisor, Jose. SES requested that he obtain the information as soon as possible in order to coordinate waste disposal pickup before the end of the week. Ben state that he would get an answer tomorrow. 1330 Coastwide finished paint stabilization painting for the day and began cleaning the equipment. One lead worker continued to scrape damaged paint around the exterior of the garage. Coastwide will need to complete the remaining stabilization painting tomorrow. The remaining workers began cleaning up the jobsite and securing supplies and equipment for the night. 1350 Coastwide turned off the water main for the night. 1415 Coastwide and SES secured the doors to the property and left the jobsite. 515
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DAILY SUMMARY REPORT
Client Name: Cupertino Union School District Report Date: 6/6/18 Project Name: Finch Avenue Abatement
Address: 10480 Finch Avenue, Cupertino, CA 95014
Type of Abatement: Asbestos Mold Lead PCBs SES Project #: 18-018 Location(s) of Work: Zone 2 – NE utility room, restroom and garage hallway, Zone 4 – Shop ceiling-mounted heater, Zone 3 – house basement and crawl space, Zone 5 – house dining room Abatement Activity: Zones 2 and 4 – air clearance sampling, Zone 3 – abatement AC duct wrap; Zone 5 – removal of asbestos cement pipe
Method(s) of Abatement: Manual removal
Contractor: Coastwide Environmental Shift Duration (hours): 8 # Workers Onsite: 3 Item Yes No N/A Deficiency/Action Taken
Outside ambient air samples below standards X
Negative pressure maintained at specification requirements X Work area(s) meet smoke test requirements X
Work area barrier(s) maintained in good condition X
Work area signs in-place and maintained in good condition X Waste bags properly labeled X
Material worked/maintained wet X
HEPA vacuums used X
Removed material promptly bagged X
Waste material removed from work area(s) daily X
Work area(s) clean/end of shift/day X
PPE and hygiene facilities/practices adequate X

SUMMARY OF DAILY EVENTS
• Zones 2 and 4: SES collected non-aggressive PCM air clearance samples today. Results are pending. • Zone 3: Coastwide completed the preparation of the containment (house basement and crawlspace) and SES approved the preparation measures before authorizing Coastwide to begin abatement. Coastwide conducted removal of the metal HVAC ducting with AC insulation and work will be completed tomorrow. • Zone 5: Coastwide discovered a 10” diameter asbestos cement flue exhaust pipe in the crawlspace of the house and determined it rose through a wall in the dining room to the roof. Ben Cardenas installed a mini-containment in the dining room and removed the pipe in 2 sections, minimizing breakage during the effort. SES inspected the work area after the abatement effort and verified that the asbestos cement pipe had been removed properly.

SES Representative: Mark Stockwell
Cc to: Mitch Edwards
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Daily Notes – CUSD – Finch Avenue Abatement
SES Project No. 18-018
Date: 6/6/18

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Time Details
0600 SES and Coastwide arrived on site. Coastwide had a 3-person crew on site, one supervisor and 2 workers. The two workers began installing the remaining preparation measures in the Zone 3 work area, in order to begin abatement of AC duct wrap/tape. Ben Cardenas stated that Coastwide will use a wrap and cut removal method to complete abatement. The workers will wet the ACM duct wrap/tape, then cover the wrapped sections of ductwork in polyethylene sheeting before disconnecting the nonACM-covered sections of ductwork. All removed sections of ductwork will be placed on polyethylene sheeting then burrito wrapped and labeled for friable disposal as RACM. 0620 Coastwide assisted SES in installing electrical to the shop and northeast section of the house in order for SES to collect non-aggressive PCM air clearance samples. 0630 SES began installing air testing pumps in the Zones 2 and 4 work areas. 0640 SES entered the Zone 2 work area and installed one pump inside the containment and one pump outside.
0646 SES started 2 non-aggressive PCM air clearance samples in Zone 4. One sample was collected inside the mini containment and a second was collected outside the containment barrier yet inside the shop. 0655 SES completed a pre-abatement inspection of the Zone 3 work area. Coastwide had installed all of its critical barriers and a one stage decontamination chamber. SES inspected Coastwide’s manometer and observed that negative pressure inside the work area was averaging -0.04 inches water column.

SES authorized Coastwide to begin abatement in Zone 4.
0700 Coastwide’s two abatement workers entered the Zone 4 containment to begin abatement. 0730 Coastwide’s supervisor, Ben Cardenas, continued preparations in the house restrooms and kitchen to ready the work areas for removal of the lead containing ceramic tile. He also continued removing various appliances in the kitchen of the house for disposal. 0840 SES completed a calibration check on the clearance samples being collected in Zones 2 and 4 and found that the pumps were running at the same flow rates. 0856 SES retrieved the air samples collected in Zone 2 – northeast restroom, utility rooms and garage hallway.
0902 SES retrieved the air samples collected in Zone 4 – shop mini-containment at the ceiling mounted heater unit.
0915 Ben Cardenas requested a preparation inspection of the kitchen work area in order to begin removing the lead containing ceramic tile from the counter tops. SES directed Coastwide to cover floor and various surfaces with polyethylene sheeting to minimize the cleanup efforts. Coastwide was also directed to place “lead hazard” signage on the doorways to the kitchen before starting the removal work.
0930 Ben Cardenas informed SES that his crewmen in the basement had discovered a transite pipe leading from the basement up through the house. SES and Ben Cardenas accessed the roof and opened a plaster wall in the dining room of the house to determine the exact location of the pipe. A 10-inch diameter asbestos cement pipe was revealed inside the wall. SES and Coastwide estimated that the pipe is approximately 12 feet long. SES recommended that Coastwide install a mini-containment inside the dining room since the pipe is too heavy and too long to remove intact without breaking it into sections. Alternatively, Coastwide was allowed to break the pipe within a glovebag; however, Ben Cardenas believed that method would be too difficult to break the pipe inside the confinement of the bag enclosure.
1000 Coastwide broke for lunch.
1010 SES left the jobsite to deliver the air clearance samples to Forensic Analytical Lab for Rush analysis. 1100 Coastwide returned from lunch and 2 workers returned to Zone 3 basement/crawlspace containment to continue removing duct wrap/tape. Ben Cardenas continued to open the access hole in the wall of the dining room to uncover the transite pipe. He also began installing a mini-containment in the dining room.
1200 SES observed that Ben Cardenas had finished installing the mini-containment in the dining room (Zone 5) and he requested a preparation inspection of the work area. SES recommended installing an asbestos sign on the work area before beginning to break the pipe into manageable sections. 1215 SES approved the containment measures for Zone 5 – transite pipe mini-containment, and Ben Cardenas donned protective equipment and began breaking the pipe. All waste was either burrito wrapped or placed in waste bags. SES observed that the transite pipe was removed intact with minimal breakage at the collar seems. A total of 2 five-foot burritos and 2 waste bags of debris were generated.
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Daily Notes – CUSD – Finch Avenue Abatement
SES Project No. 18-018
Date: 6/6/18

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Time Details
1310 SES entered the Zone 3 basement containment to inspect the progress of the abatement effort.

Coastwide had finished removing all the duct insulation and was in the process of wrapping the remaining debris. All ductwork has been removed from the basement and the crawlspace and had been wrapped or bagged. Coastwide will complete the final cleaning tomorrow morning, loadout debris and then request a final visual clearance inspection. Coastwide intends to lock down encapsulate the work area after a successful visual clearance, and SES intends to collect clearance air samples on Friday.
1345 Coastwide’s crewmen began exiting the Zone 3 containment and started cleaning the work site and securing equipment and supplies.
1315 SES and Coastwide left the jobsite.
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ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

DAILY SUMMARY REPORT
Client Name: Cupertino Union School District Report Date: 6/7/18 Project Name: Finch Avenue Abatement
Address: 10480 Finch Avenue, Cupertino, CA 95014
Type of Abatement: Asbestos Mold Lead PCBs SES Project #: 18-018 Location(s) of Work: Zone 3 – house basement and crawl space, Zone 6 – kitchen and restrooms of the house Abatement Activity: Zone 3 – final detail cleaning and loadout of ACM waste; Zone 6 – removal of ceramic tile with lead glazings
Method(s) of Abatement: Zone 3 – Wet-wiping and HEPA vacuuming; Zone 6 – manual removal.

Contractor: Coastwide Environmental Shift Duration (hours): 8 # Workers Onsite: 5 Item Yes No N/A Deficiency/Action Taken
Outside ambient air samples below standards X
Negative pressure maintained at specification requirements X Work area(s) meet smoke test requirements X
Work area barrier(s) maintained in good condition X
Work area signs in-place and maintained in good condition X Waste bags properly labeled X
Material worked/maintained wet X
HEPA vacuums used X
Removed material promptly bagged X
Waste material removed from work area(s) daily X
Work area(s) clean/end of shift/day X
PPE and hygiene facilities/practices adequate X

SUMMARY OF DAILY EVENTS
• Zones 2 and 4: Clearance results for Zones 2 and 4 were below industry standards and Coastwide removed the containments for unrestricted access.
• Zone 3: Coastwide completed final detail cleaning today. Upon successfully completing the effort, SES approved the visual clearance of the work area and authorized Coastwide to encapsulate the work area. SES will collect clearance air samples tomorrow.
• Zone 6: Coastwide had 3 workers begin removing the lead containing ceramic tile from Zone 6 (house kitchen and restrooms). Coastwide finished the tile removal effort in the kitchen, the master restroom and the northwest guest restroom. SES provided preliminary work area preparation inspections, and upon completion of the removal SES provided final visual clearance inspections. These 3 work areas within Zone 3 were cleared and Coastwide was authorized to dismantle the work areas. The remaining southeast guest bathroom and northeast guest bathroom will be completed tomorrow morning.

SES Representative: Mark Stockwell
Cc to: Mitch Edwards
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Daily Notes – CUSD – Finch Avenue Abatement
SES Project No. 18-018
Date: 6/7/18

Page 2 of 3 ends

Time Details
0600 SES and Coastwide arrived on site. Coastwide has a 5-person crew on site, one supervisor and 4 workers. SES informed Coastwide’s supervisor, Ben Cardenas that the containments at Zone 2 – northeast restroom, utility rooms and garage hallway, and Zone 4 – shop ceiling mounted minicontainment had both passed air clearance testing and the containment barriers could be dismantled.

One worker was assigned to take down these two containments. A second worker was assigned to continue the final cleaning effort in the basement/crawlspace of the house (Zone 3), and 2 lead workers were assigned to begin demolishing the lead glazed ceramic tile in the kitchen and restrooms (Zone 6).
0620 Coastwide’s crewmen established negative pressure in the kitchen and master bathroom and SES inspected the containments, finding them appropriate to begin lead demolition work. Containment barriers were in place, “lead hazard” signage was placed on the entrance doors to the containments and negative air pressure was observed.
0640 Coastwide’s crewmen began ceramic tile demolition on the kitchen and SES informed Ben Cardenas that if noise was noticeable in the street or the edges of the property the crewmen would have to stop the work until after 0700.
0645 SES directed Coastwide to stop the ceramic tile demolition work until after 0700. Ben Cardenas stopped the workers.
0700 Coastwide continued demolishing ceramic tile in the kitchen and master bathroom of the house. 0715 Coastwide began loading out friable asbestos waste debris bags from the Zone 3 basement containment. SES observed that the manometer for the Zone 3 containment was adequate, recording lower than -0.03 inches water column. SES observed that the bags were double wrapped, goose neck tied, and properly labeled. All debris bags had generator labels attached. SES inspected the generator labels and confirmed that the EPA ID numbers matched that used for Sedgwick Elementary School of:

CAC002964442. Also, SES obtained a copy of Coastwide’s friable ACM waste manifest and confirmed the generator’s labels matched the manifest number: 015975640 JJK. 0800 Coastwide finished loading out ACM waste bags from the Zone 3 basement containment of the house and finalized cleaning.
0810 SES rep enters Zone 3 for the final visual clearance inspection. Upon inspecting the first 3 or 4 locations SES discovered suspected duct wrap debris on the surface of the hardened dirt floor of the crawlspace. SES also observed both sheetrock and plaster debris on the soil surface under these penetrations. SES discontinued the inspection and recommended that Coastwide bring a small HEPA vacuum into the crawlspace and vacuum a 3 to 4 square foot section of the hardened soil floor surface.

Coastwide will complete this effort before requesting a second visual clearance inspection. 0850 Coastwide finished removing the lead glazed ceramic tile in the kitchen of the house and requested a visual clearance inspection. SES entered the work area and found that all ceramic tile debris had been completely removed and surfaces in the kitchen had been wet wiped appropriately. SES authorized the visual clearance of the work area and authorized Coastwide to deregulate the work area and take down the containment barriers.
0910 Coastwide’s lead crewman relocated to the south bathroom of the house and SES inspected the regulated work area prior to authorizing the crewmen to begin ceramic tile demolition. Negative pressure had been established, all doors and windows had been isolated with polyethylene sheeting and “Lead hazard” signage was in place. Coastwide started demolition. 0930 Coastwide requested a second visual clearance inspection of the Zone 3 – house basement/crawlspace containment. SES suited up again, entered the work area and began the inspection accompanied by one of Coastwide’s workers. During the inspection, SES identified areas under register vent holes in the subfloor where additional plaster and sheetrock debris was observed.

Although no additional duct insulation paper was identified, SES directed Coastwide’s worker to continue HEPA vacuuming the soil surfaces in these areas to remove questionable materials. SES accompanied the worker throughout the crawlspace and oversaw the cleanup effort. 1015 Coastwide broke for lunch.
1020 SES finished the visual clearance inspection of the Zone 3 basement/crawlspace and approved the work area. SES and Coastwide’s worker exited the work area and informed Ben Cardenas that Zone 3 had passed the visual inspection. Coastwide was authorized to encapsulate the work area. 1115 Coastwide returned from lunch. The three lead workers continued ceramic tile demolition in the master bathroom and south guest bathroom and began demolition in the north guest restroom. One worker continued removing containment barriers in the shop (Zone 4) and in the kitchen (Zone 6). Ben Cardenas and one other worker began preparing to encapsulate the Zone 3 basement and crawlspace in preparation for tomorrow morning’s non-aggressive PCM air clearance testing. 1145 Coastwide began encapsulating the Zone 3 containment. 520
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SES Project No. 18-018
Date: 6/7/18

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Time Details
1230 Coastwide continued loading out lead containing debris bags consisting of lead-glazed ceramic tile and mortar from the Zone 6 work areas.
1250 SES was requested to sign the hazardous waste manifest for asbestos generated by Coastwide. The total amount of waste yielded approximately 3 cubic yards of asbestos waste consisting of ductwork, ACM duct wrap and tape, and other debris.
1310 Coastwide requested a visual clearance inspection of the master bathroom following ceramic tile demolition. The work area was found properly cleaned and SES authorized Coastwide to deregulate the work area and take down the containment barriers and turn off the negative pressure machine. 1320 Coastwide requested a visual clearance inspection of the northwest guest restroom following ceramic tile demolition. The work area was found properly cleaned and SES authorized Coastwide to deregulate the work area and take down the containment barriers and turn off the negative pressure machine.
1345 Coastwide’s supervisor, Ben Cardenas informed SES that the crew would not finish the remaining work in the Zone 6 work areas this afternoon. They still have the final cleaning effort in the southeast guest bathroom and need to start the small work area in the shower of the northeast restroom. He anticipates that the crew will need approximately 3 hours to finish the work tomorrow morning as well as loading out the remaining lead containing waste and helping SES collect the air clearance samples in Zone 3. Ben stated that Coastwide had not yet received the analytical results for the lead waste characterization sample that was collected, so he doesn’t know if the ceramic tile waste bags will be able to be disposed of as construction debris or not. His supervisor, Jose informed him that results should be known before the crew finishes tomorrow morning. 1415 Coastwide finished cleaning up the jobsite for the day and securing the site buildings. SES and Coastwide left the jobsite.
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ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

DAILY SUMMARY REPORT
Client Name: Cupertino Union School District Report Date: 6/8/18 Project Name: Finch Avenue Abatement
Address: 10480 Finch Avenue, Cupertino, CA 95014
Type of Abatement: Asbestos Mold Lead PCBs SES Project #: 18-018 Location(s) of Work: Zone 3 – house basement and crawl space, Zone 6 – kitchen and restrooms of the house Abatement Activity: Zone 3 – non-aggressive PCM air clearance testing, Zone 6 – removal of lead glazed ceramic tile
Method(s) of Abatement: Wet removal and demolition of lead glazed ceramic tile Contractor: Coastwide Environmental Shift Duration (hours): 8 # Workers Onsite: 3 Item Yes No N/A Deficiency/Action Taken
Outside ambient air samples below standards X
Negative pressure maintained at specification requirements X Work area(s) meet smoke test requirements X
Work area barrier(s) maintained in good condition X
Work area signs in-place and maintained in good condition X Waste bags properly labeled X
Material worked/maintained wet X
HEPA vacuums used X
Removed material promptly bagged X
Waste material removed from work area(s) daily X
Work area(s) clean/end of shift/day X
PPE and hygiene facilities/practices adequate X

SUMMARY OF DAILY EVENTS
• Zone 3: SES collected non-aggressive PCM air clearance samples in the basement and crawlspace of the house. Results pending.
• Zone 6: Coastwide completed removal of the lead containing ceramic tile at remaining lead work areas and SES completed and passed the final visual clearance inspections. Coastwide provided analytical documentation that waste characterization analysis indicated the ceramic tile could be disposed of as regular construction debris and did not present a lead hazard. Coastwide also demobilized most equipment and supplies, although the regulated work area and containment barriers for Zone 3 remained in place pending air clearance sample analysis. If the samples fail clearance testing, SES and Coastwide will return on Monday to re-clean and re-test.

SES Representative: Mark Stockwell
Cc to: Mitch Edwards
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Daily Notes – CUSD – Finch Avenue Abatement
SES Project No. 18-018
Date: 6/8/18

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Time Details
0600 SES and Coastwide arrived on site. Coastwide has a 3-person crew on site, one supervisor and 2 lead trained workers. Coastwide began the final cleaning process in the southwest guest bathroom and began lead ceramic tile demolition in the northeast guest restroom. 0615 SES began setting up air sampling pumps to collect non-aggressive PCM air clearance samples in the basement and crawlspace of the house (Zone 3).
0630 Ben Cardenas provided SES with the analytical results for the wastes characterization sample that was collected of the ceramic tile debris collected from the kitchen and restrooms of the house. The result indicated that the ceramic tile can be disposed of as construction debris, therefore, Coastwide will not need to transport and dispose of the material with a waste manifest. Ben also provided SES with a lead waste manifest for the small amount of lead chip waste collected from the scraping of the exterior surfaces of the site buildings. This waste will be disposed of as hazardous waste as it is assumed to exceed the limit for disposal. A total of 2 bags of lead paint chips totaling approximately 12 pounds will be disposed of.
0705 SES entered the Zone 3 basement containment and set up air sampling pumps. 0719 SES started the air clearance samples in Zone 3.
0805 Coastwide requested a visual clearance inspection of the southwest guest bathroom in Zone 6. SES inspected the work area and found it properly cleaned. SES authorized Coastwide to deregulate and remove the containment.
0820 SES entered the Zone 3 containment to complete a mid-run calibration check. All pumps were running as originally calibrated.
0830 Coastwide requested a visual clearance inspection of the final Zone 6 work area in the northeast guest restroom near the garage. SES inspected the work area and approved the ceramic tile removal.

Coastwide was authorized to deregulate and remove the containment barriers. 0840 Coastwide began a final cleaning of the jobsite, retrieving equipment and supplies and loading its truck.
0915 Coastwide’s non-hazardous waste bin arrived on site. Ben agreed to wait for approximately15 minutes until the samples in Zone 3 were retrieved before Coastwide started loading out bags of ceramic tile. 0920 SES entered the Zone 3 basement containment to post calibrate the sampling pumps and retrieve the air sample cassettes.
0930 Coastwide started loading out its non-hazardous waste and demobilizing remaining supplies and equipment.
1030 Coastwide and SES secured the buildings and left the jobsite. 523
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Sensible Environmental Solutions Inc.

ASBESTOS AIR LABORATORY REPORTS AND CHAINS OF CUSTODY
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Final Report
Airborne Fiber Analysis
NIOSH 7400 Method, Issue 2, 15 August 1994, counting rules 'A' Sensible Environmental
1116 Willow Pass Court
Robert Sutton
Concord, CA 94520
Client ID:

Report Number:

Date Received:

Date Printed:

First Reported:

Date Analyzed:

A238207
3266
06/07/18
06/07/18
Job ID/Site: 18-018 - Cupertino Union School District-Finch Avenue Abatement-10480 FALI Job ID:

Finch Avenue, Cupertino CA 95014
3266
Sample ID Lab Number Date Collected Volume (L) Fibers Fields LOD F/cc Fibers/cc 06/06/18
06/07/18
Total Samples Submitted:

Total Samples Analyzed:
4 2
Fibers/mm2
018-01 12040931 06/05/18 0.002 1350.2 1.5 100 <7.0 < 0.002 018-02 12040932 06/05/18 0.002 1331.4 0.0 100 <7.0 < 0.002 Analytical results and reports are generated by Forensic Analytical Laboratories Inc. (FALI) at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by FALI to any third party without prior written request from client. This report applies only to the sample(s)tested and results are based upon sample information provided by the client. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by FALI. The client is solely responsiblefor the use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsementby NVLAP or any other agency of the U.S. Government. FALI is not able to assess the degree of hazard resulting from materials analyzed.

FALI reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Samples are not blank corrected unless otherwise noted. All samples were received in acceptable condition unless otherwise noted.

Intralaboratory Relative Standard Deviation (Sr) per 100 graticule fields: 5 to 20 fibers: 0.59; >20 to 50 fibers: 0.51; >50 fibers: 0.48 Tad Thrower, Laboratory Supervisor, Hayward Laboratory
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Final Report
Airborne Fiber Analysis
NIOSH 7400 Method, Issue 2, 15 August 1994, counting rules 'A' Sensible Environmental
1116 Willow Pass Court
Robert Sutton
Concord, CA 94520
Client ID:

Report Number:

Date Received:

Date Printed:

First Reported:

Date Analyzed:

A238209
3266
06/06/18
06/06/18
Job ID/Site: 18-018 - Cupertino Union School District- Finch Avenue Abatement, 10480 FALI Job ID:

Finch Avenue, Cupertino, CA 95014
3266
Sample ID Lab Number Date Collected Volume (L) Fibers Fields LOD F/cc Fibers/cc 06/06/18
06/06/18
Total Samples Submitted:

Total Samples Analyzed:
6 4
Fibers/mm2
018-05 12040937 06/06/18 0.002 1263.9 2.5 100 <7.0 < 0.002 018-06 12040938 06/06/18 0.002 1263.9 3.0 100 <7.0 < 0.002 018-07 12040939 06/06/18 0.002 1302.2 2.0 100 <7.0 < 0.002 018-08 12040940 06/06/18 0.002 1302.2 0.5 100 <7.0 < 0.002 Analytical results and reports are generated by Forensic Analytical Laboratories Inc. (FALI) at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by FALI to any third party without prior written request from client. This report applies only to the sample(s)tested and results are based upon sample information provided by the client. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by FALI. The client is solely responsiblefor the use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsementby NVLAP or any other agency of the U.S. Government. FALI is not able to assess the degree of hazard resulting from materials analyzed.

Intralaboratory Relative Standard Deviation (Sr) per 100 graticule fields: 5 to 20 fibers: 0.59; >20 to 50 fibers: 0.51; >50 fibers: 0.48 Tad Thrower, Laboratory Supervisor, Hayward Laboratory
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Final Report
Airborne Fiber Analysis
NIOSH 7400 Method, Issue 2, 15 August 1994, counting rules 'A' Sensible Environmental
1116 Willow Pass Court
Robert Sutton
Concord, CA 94520
Client ID:

Report Number:

Date Received:

Date Printed:

First Reported:

Date Analyzed:

A238246
3266
06/08/18
06/08/18
Job ID/Site: 18-018 - Cupertino Union School District-Finch Avenue, Cupertino CA FALI Job ID:
945014
3266
Sample ID Lab Number Date Collected Volume (L) Fibers Fields LOD F/cc Fibers/cc 06/07/18
06/08/18
Total Samples Submitted:

Total Samples Analyzed:
4 2
Fibers/mm2
018-11 12041470 06/06/18 0.001 1900.8 27.5 100 35.0 0.007 018-12 12041471 06/06/18 0.001 1911.4 14.0 100 17.8 0.004 Analytical results and reports are generated by Forensic Analytical Laboratories Inc. (FALI) at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by FALI to any third party without prior written request from client. This report applies only to the sample(s)tested and results are based upon sample information provided by the client. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by FALI. The client is solely responsiblefor the use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsementby NVLAP or any other agency of the U.S. Government. FALI is not able to assess the degree of hazard resulting from materials analyzed.

Intralaboratory Relative Standard Deviation (Sr) per 100 graticule fields: 5 to 20 fibers: 0.59; >20 to 50 fibers: 0.51; >50 fibers: 0.48 Tad Thrower, Laboratory Supervisor, Hayward Laboratory
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Final Report
Airborne Fiber Analysis
NIOSH 7400 Method, Issue 2, 15 August 1994, counting rules 'A' Sensible Environmental
1116 Willow Pass Court
Robert Sutton
Concord, CA 94520
Client ID:

Report Number:

Date Received:

Date Printed:

First Reported:

Date Analyzed:

A238325
3266
06/11/18
06/11/18
Job ID/Site: 18-018 - Cupertino Union School District- Finch Avenue Abatement, 10480 FALI Job ID:

Finch Avenue, Cupertino, CA 95014
3266
Sample ID Lab Number Date Collected Volume (L) Fibers Fields LOD F/cc Fibers/cc 06/08/18
06/11/18
Total Samples Submitted:

Total Samples Analyzed:
4 2
Fibers/mm2
018-15 12042005 06/07/18 0.001 1982.8 4.5 100 <7.0 < 0.001 018-16 12042006 06/07/18 0.001 1968.3 0.5 100 <7.0 < 0.001 Analytical results and reports are generated by Forensic Analytical Laboratories Inc. (FALI) at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by FALI to any third party without prior written request from client. This report applies only to the sample(s)tested and results are based upon sample information provided by the client. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by FALI. The client is solely responsiblefor the use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsementby NVLAP or any other agency of the U.S. Government. FALI is not able to assess the degree of hazard resulting from materials analyzed.

Intralaboratory Relative Standard Deviation (Sr) per 100 graticule fields: 5 to 20 fibers: 0.59; >20 to 50 fibers: 0.51; >50 fibers: 0.48 Tad Thrower, Laboratory Supervisor, Hayward Laboratory
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Final Report
Airborne Fiber Analysis
NIOSH 7400 Method, Issue 2, 15 August 1994, counting rules 'A' Sensible Environmental
1116 Willow Pass Court
Robert Sutton
Concord, CA 94520
Client ID:

Report Number:

Date Received:

Date Printed:

First Reported:

Date Analyzed:

A238353
3266
06/09/18
06/09/18
Job ID/Site: 18-018 - Cupertino Union School District, Finch Avenue Abatement, 10480 FALI Job ID:

Finch Avenue, Cupertino, CA 95014
3266
Sample ID Lab Number Date Collected Volume (L) Fibers Fields LOD F/cc Fibers/cc 06/09/18
06/09/18
Total Samples Submitted:

Total Samples Analyzed:
5 3
Fibers/mm2
018-19 12042223 06/08/18 0.002 1225.6 2.5 100 <7.0 < 0.002 018-20 12042224 06/08/18 0.002 1225.6 2.0 100 <7.0 < 0.002 018-21 12042225 06/08/18 0.002 1235.2 3.5 100 <7.0 < 0.002 Analytical results and reports are generated by Forensic Analytical Laboratories Inc. (FALI) at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by FALI to any third party without prior written request from client. This report applies only to the sample(s)tested and results are based upon sample information provided by the client. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by FALI. The client is solely responsiblefor the use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsementby NVLAP or any other agency of the U.S. Government. FALI is not able to assess the degree of hazard resulting from materials analyzed.

Intralaboratory Relative Standard Deviation (Sr) per 100 graticule fields: 5 to 20 fibers: 0.59; >20 to 50 fibers: 0.51; >50 fibers: 0.48 Tad Thrower, Laboratory Supervisor, Hayward Laboratory
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LEAD AIR LABORATORY REPORTS AND CHAINS OF CUSTODY
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Client ID:

Report Number:

Date Received:

M198912
Job ID / Site: 18-018, Cupertino Union School District
Sensible Environmental
1116 Willow Pass Court
3266
FALI Job ID:

Date Analyzed:
3266
Robert Sutton
Concord, CA 94520 Date Printed: 06/08/18
06/08/18
Metals Analysis of Air Filters
First Reported: 06/08/18
06/06/18
Final Report
Date(s) Collected: 6/5/18 Total Samples Submitted: 1
Total Samples Analyzed: 1
Sample Number Lab Number Result
Result Reporting Method
Volume Analyte Units Limit* Reference
018-01L 30804131 < 3 ug/m3 3 2,244 L NIOSH 7082 Pb
* The Reporting Limit represents the lowest amount of analyte that the laboratory can confidently detect in the sample, and is not a regulatory level. The Units for the Reporting Limit are the same as the Units for the Final Results.

Analytical results and reports are generated by Forensic Analytical at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by Forensic Analytical to any third party without prior written request from client. This report applies only to the sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by Forensic Analytical. The client is solely responsible for the use and interpretation of test results and reports requested from Forensic Analytical. Forensic Analytical is not able to assess the degree of hazard resulting from materials analyzed. Forensic Analytical reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Any modifications that have been made to referenced test methods are documented in Forensic Analytical's Standard Operating Procedures Manual. Sample results have not been blank corrected. Quality control and sample receipt condition were acceptable unless otherwise noted.

Daniele Siu, Laboratory Supervisor, Hayward Laboratory
3777 Depot Road, Suite 409, Hayward, CA 94545 / Telephone: (510) 887-8828 (800) 827-FASI / Fax: (510) 887-4218 1 of 1
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Sensible Environmental Solutions Inc.

INSPECTION FORMS
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SENSIBLE Section 01 11 00 - Appendix G

ENVIRONMENTAL
SOLUTIONS INC. ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

LEAD INSPECTION FORM
LOCATION OF ZONE / WORK AREA: Zone 1 – Exterior walls, soffits, eaves, fascia, window framing, and flower box shelves of house, shop, central shed and outbuildings BUILDING NAME: House, shop, central shed and outbuildings

Page 1 of 2 ends

DISTRICT NAME: Cupertino Union School District SES REF. NUMBER: 18-018 PROJECT TITLE: Finch Avenue Abatement, 10480 Finch Avenue, Cupertino, CA 95014 DESCRIPTION OF LEAD WORK:

Material Description Room Name and No. Quantity
Removed Abatement Method Quantity Remaining
Stabilization of loose
and flaking LBP
House 200 SF Hand scraping,
painting with primer
None
Shop, homestead and out buildings 800 SF None
Central shed 80 SF None
Legend: LC – Lead-containing LBP – Lead-based Paint SF – Square Feet` LF – Linear Feet CONTRACTOR’S PRE-START VISUAL INSPECTION
CONTRACTOR hereby certifies that he has visually inspected the Work Area and has found it to be prepared in accordance with the Contract Documents and associated Regulations and is ready to start abatement operations.

NAME: Benjamin Cardenas INSPECTION DATE: 6/4/18
SIGNATURE: CERTIFICATION #: 2289
CONTRACTOR’S FINAL VISUAL INSPECTION
CONTRACTOR hereby certifies that he has visually inspected the Work Area and has found no dust, debris or residue.

This inspection included all surfaces including pipes, beams, ledges, walls, ceiling, floor, Decontamination Unit, sheet plastic, etc.

NAME: Benjamin Cardenas INSPECTION DATE: 6/7/18
SIGNATURE: CERTIFICATION #: 2289

CONSULTANT PRE-START VISUAL INSPECTION
CONSULTANT hereby certifies that he has conducted a pre-abatement visual inspection of the referenced Work Area and verifies that the Contractor has prepared the Work Area in accordance with the Contract Documents and is ready to start abatement operations.

NAME: Mark Stockwell INSPECTION DATE: 6/4/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570

CONSULTANT FINAL VISUAL INSPECTION
CONSULTANT hereby certifies that he has performed the final visual inspection of the referenced Work Area and verifies that this inspection has been thorough and to the best of his knowledge and belief, the Contractor's Certification above is a true and honest one.

NAME: Mark Stockwell INSPECTION DATE: 6/7/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570
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ENVIRONMENTAL
SOLUTIONS INC. ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

Page 2 of 2 ends

CLEARANCE DUST WIPE SAMPLING FOR LEAD
CONSULTANT hereby certifies that the results of dust wipe samples collected and analyzed in this work area meet the clearance criteria indicated below:

Not Applicable – Cleared by Visual Inspection Only for the following Reasons: Exterior work area and buildings being demolished.

NAME: Mark Stockwell INSPECTION DATE: 6/7/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570
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ENVIRONMENTAL
SOLUTIONS INC. ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

ASBESTOS INSPECTION FORM
LOCATION OF ZONE / WORK AREA: Zone 2 – Northeast restroom, utility rooms and garage hallway
BUILDING NAME: Main house and garage

Page 1 of 2 ends

DISTRICT NAME: Cupertino Union School District SES REF. NUMBER: 18-018 PROJECT TITLE: Finch Avenue Abatement, 10480 Finch Avenue, Cupertino, CA 95014 DESCRIPTION OF ASBESTOS WORK:

Material Description Room Name and No. Quantity
Removed Abatement Method Quantity Remaining
AC vinyl floor tile N.E restroom, utility
rooms & garage hall 206 SF Manual removal None
Legend: AC- Asbestos-containing SF – Square Feet LF – Linear Feet CONTRACTOR’S PRE-START VISUAL INSPECTION
CONTRACTOR hereby certifies that he has visually inspected the Work Area and has found it to be prepared in accordance with the Contract Documents and associated Regulations and is ready to start abatement operations.

NAME: Benjamin Cardenas INSPECTION DATE: 6/5/18
SIGNATURE: CERTIFICATION #: 17361217
CONTRACTOR’S FINAL VISUAL INSPECTION
CONTRACTOR hereby certifies that he has visually inspected the Work Area and has found no dust, debris or residue.

This inspection included all surfaces including pipes, beams, ledges, walls, ceiling, floor, Decontamination Unit, sheet plastic, etc.

NAME: Benjamin Cardenas INSPECTION DATE: 6/5/18
SIGNATURE: CERTIFICATION #: 17361217

NAME: Mark Stockwell INSPECTION DATE: 6/5/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570

NAME: Mark Stockwell INSPECTION DATE: 6/5/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570
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ENVIRONMENTAL
SOLUTIONS INC. ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

ASBESTOS INSPECTION FORM
LOCATION OF ZONE / WORK AREA: Zone 2 – Northeast restroom, utility rooms and garage hallway
BUILDING NAME: Main house and garage

Page 2 of 2 ends

ASBESTOS CLEARANCE AIR SAMPLING
CONSULTANT hereby certifies that the results of air samples collected and analyzed in this work area meet the clearance criteria indicated below:
1 Non-aggressive PCM Samples at or below 0.01 Fibers/cc SES Clearance Air Sample Numbers: 018-05
NAME: Mark Stockwell INSPECTION DATE: 6/6/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570
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ENVIRONMENTAL
SOLUTIONS INC. ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

ASBESTOS INSPECTION FORM
LOCATION OF ZONE / WORK AREA: Zone 3 – Basement and crawl space of house BUILDING NAME: Main house basement and crawl space

Page 1 of 2 ends

DISTRICT NAME: Cupertino Union School District SES REF. NUMBER: 18-018 PROJECT TITLE: Finch Avenue Abatement, 10480 Finch Avenue, Cupertino, CA 95014 DESCRIPTION OF ASBESTOS WORK:

Material Description Room Name and No. Quantity
Removed Abatement Method Quantity Remaining
AC HVAC duct wrap /
tape
Basement and
crawlspace of house 90 LF Wrap and cut None
Legend: AC- Asbestos-containing SF – Square Feet LF – Linear Feet CONTRACTOR’S PRE-START VISUAL INSPECTION
CONTRACTOR hereby certifies that he has visually inspected the Work Area and has found it to be prepared in accordance with the Contract Documents and associated Regulations and is ready to start abatement operations.

NAME: Benjamin Cardenas INSPECTION DATE: 6/6/18
SIGNATURE: CERTIFICATION #: 17361217
CONTRACTOR’S FINAL VISUAL INSPECTION
CONTRACTOR hereby certifies that he has visually inspected the Work Area and has found no dust, debris or residue.

This inspection included all surfaces including pipes, beams, ledges, walls, ceiling, floor, Decontamination Unit, sheet plastic, etc.

NAME: Benjamin Cardenas INSPECTION DATE: 6/7/18
SIGNATURE: CERTIFICATION #: 17361217

NAME: Mark Stockwell INSPECTION DATE: 6/6/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570

NAME: Mark Stockwell INSPECTION DATE: 6/7/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570
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ENVIRONMENTAL
SOLUTIONS INC. ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

ASBESTOS INSPECTION FORM
LOCATION OF ZONE / WORK AREA: Zone 3 – Basement and crawl space of house BUILDING NAME: Main house basement and crawl space

Page 2 of 2 ends

ASBESTOS CLEARANCE AIR SAMPLING
CONSULTANT hereby certifies that the results of air samples collected and analyzed in this work area meet the clearance criteria indicated below:
2 Non-aggressive PCM Samples at or below 0.01 Fibers/cc SES Clearance Air Sample Numbers: 018-19 and 018-20
NAME: Mark Stockwell INSPECTION DATE: 6/8/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570
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ENVIRONMENTAL
SOLUTIONS INC. ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

ASBESTOS INSPECTION FORM
LOCATION OF ZONE / WORK AREA: Zone 4 – Shop interior at ceiling-mounted heater BUILDING NAME: Shop

Page 1 of 2 ends

DISTRICT NAME: Cupertino Union School District SES REF. NUMBER: 18-018 PROJECT TITLE: Finch Avenue Abatement, 10480 Finch Avenue, Cupertino, CA 95014 DESCRIPTION OF ASBESTOS WORK:

Material Description Room Name and No. Quantity
Removed Abatement Method Quantity Remaining
Heater with AC paper
insulation Shop 2 SF Wrap and cut None
Legend: AC- Asbestos-containing SF – Square Feet LF – Linear Feet CONTRACTOR’S PRE-START VISUAL INSPECTION
CONTRACTOR hereby certifies that he has visually inspected the Work Area and has found it to be prepared in accordance with the Contract Documents and associated Regulations and is ready to start abatement operations.

This inspection included all surfaces including pipes, beams, ledges, walls, ceiling, floor, Decontamination Unit, sheet plastic, etc.

NAME: Benjamin Cardenas INSPECTION DATE: 6/5/18
SIGNATURE: CERTIFICATION #: 17361217

NAME: Mark Stockwell INSPECTION DATE: 6/5/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570

NAME: Mark Stockwell INSPECTION DATE: 6/5/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570
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ENVIRONMENTAL
SOLUTIONS INC. ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

ASBESTOS INSPECTION FORM
LOCATION OF ZONE / WORK AREA: Zone 4 – Shop interior at ceiling-mounted heater BUILDING NAME: Shop

Page 2 of 2 ends

ASBESTOS CLEARANCE AIR SAMPLING
CONSULTANT hereby certifies that the results of air samples collected and analyzed in this work area meet the clearance criteria indicated below:
1 Non-aggressive PCM Samples at or below 0.01 Fibers/cc SES Clearance Air Sample Numbers: 018-07
NAME: Mark Stockwell INSPECTION DATE: 6/6/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570
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ENVIRONMENTAL
SOLUTIONS INC. ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

ASBESTOS INSPECTION FORM
LOCATION OF ZONE / WORK AREA: Zone 5 – Dining room mini-containment BUILDING NAME: House at dining room

Page 1 of 2 ends

DISTRICT NAME: Cupertino Union School District SES REF. NUMBER: 18-018 PROJECT TITLE: Finch Avenue Abatement, 10480 Finch Avenue, Cupertino, CA 95014 DESCRIPTION OF ASBESTOS WORK:

Material Description Room Name and No. Quantity
Removed Abatement Method Quantity Remaining
Asbestos cement pipe
flue Dining room 12 LF Manual removal None
Legend: AC- Asbestos-containing SF – Square Feet LF – Linear Feet CONTRACTOR’S PRE-START VISUAL INSPECTION
CONTRACTOR hereby certifies that he has visually inspected the Work Area and has found it to be prepared in accordance with the Contract Documents and associated Regulations and is ready to start abatement operations.

NAME: Ben Cardenas INSPECTION DATE: 6/6/18
SIGNATURE: CERTIFICATION #: 17361217
CONTRACTOR’S FINAL VISUAL INSPECTION
CONTRACTOR hereby certifies that he has visually inspected the Work Area and has found no dust, debris or residue.

This inspection included all surfaces including pipes, beams, ledges, walls, ceiling, floor, Decontamination Unit, sheet plastic, etc.

NAME: Ben Cardenas INSPECTION DATE: 6/6/18
SIGNATURE: CERTIFICATION #: 17361217

NAME: Mark Stockwell INSPECTION DATE: 6/6/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570

NAME: Mark Stockwell INSPECTION DATE: 6/6/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570
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ENVIRONMENTAL
SOLUTIONS INC. ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

ASBESTOS INSPECTION FORM
LOCATION OF ZONE / WORK AREA: Zone 5 – Dining room mini-containment BUILDING NAME: House at dining room

Page 2 of 2 ends

ASBESTOS CLEARANCE AIR SAMPLING
CONSULTANT hereby certifies that the results of air samples collected and analyzed in this work area meet the clearance criteria indicated below:

Not Applicable – Cleared by Visual Inspection Only.

NAME: Mark Stockwell INSPECTION DATE: 6/6/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570
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ENVIRONMENTAL
SOLUTIONS INC. ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

LEAD INSPECTION FORM
LOCATION OF ZONE / WORK AREA: Zone 6 – House kitchen, northeast restroom, guest restroom adjacent dining room, south bathroom and master bathroom BUILDING NAME: House

Page 1 of 2 ends

DISTRICT NAME: Cupertino Union School District SES REF. NUMBER: 18-018 PROJECT TITLE: Finch Avenue Abatement, 10480 Finch Avenue, Cupertino, CA 95014 DESCRIPTION OF LEAD WORK:

Material Description Room Name and No. Quantity
Removed Abatement Method Quantity Remaining
Ceramic wall and floor tile
with lead glazings
House kitchen 42 SF
Pneumatic chisel, hand
demolition, wet methods,
HEPA vacuuming
None
House NE restroom 10 SF
House NW guest restroom 58 SF
House SW bathroom 240 SF
House master bathroom 166 SF
Legend: LC – Lead-containing LBP – Lead-based Paint SF – Square Feet LF – Linear Feet CONTRACTOR’S PRE-START VISUAL INSPECTION
CONTRACTOR hereby certifies that he has visually inspected the Work Area and has found it to be prepared in accordance with the Contract Documents and associated Regulations and is ready to start abatement operations.

NAME: Benjamin Cardenas INSPECTION DATE: 6/4/18
SIGNATURE: CERTIFICATION #: 2248
CONTRACTOR’S FINAL VISUAL INSPECTION
CONTRACTOR hereby certifies that he has visually inspected the Work Area and has found no dust, debris or residue.

This inspection included all surfaces including pipes, beams, ledges, walls, ceiling, floor, Decontamination Unit, sheet plastic, etc.

NAME: Benjamin Cardenas INSPECTION DATE: 6/7/18 & 6/8/18 SIGNATURE: CERTIFICATION #: 2248

NAME: Mark Stockwell INSPECTION DATE: 6/4/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570

NAME: Mark Stockwell INSPECTION DATE: 6/7/18 & 6/8/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570
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ENVIRONMENTAL
SOLUTIONS INC. ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH

LEAD INSPECTION FORM
LOCATION OF ZONE / WORK AREA: Zone 6 – House kitchen, northeast restroom, guest restroom adjacent dining room, south bathroom and master bathroom BUILDING NAME: House

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CLEARANCE DUST WIPE SAMPLING FOR LEAD
CONSULTANT hereby certifies that the results of dust wipe samples collected and analyzed in this work area meet the clearance criteria indicated below:

Not Applicable – Cleared by Visual Inspection Only for the following Reasons: Building is scheduled for demolition and will not be re-occupied by children.

NAME: Mark Stockwell INSPECTION DATE: 6/7/18 & 6/8/18
SIGNATURE: CERTIFICATION #: 96-2021 / 570
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PHOTOGRAPHS
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Finch Avenue Project (SES 18-018)

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Zone 1 preparation measures for lead paint removal and
stabilization
Zone 1 preparation measures for lead paint removal and
stabilization
Zone 1 preparation measures for lead paint removal and
stabilization at the shop
Zone 1 preparation measures for lead paint removal and
stabilization at the shop
Zone 1 exterior paint scraping at the shop and outbuildings Zone 1 exterior paint scraping at the central shed 552
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Zone 1 paint stabilization repainting at the main house Zone 1 paint stabilization and scraping at the front walkway of the main house
Zone 1 paint stabilization and repainting of the central shed Zone 1 paint stabilization and repainting of the shop Zone 1 post removal surface of the shop following paint scraping
Zone 1 post removal and stabilization of the flower box shelves of the main house
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Zone 1 post stabilization painting of the homestead Zone 1 post stabilization painting of the central shed Zone 1 post stabilization painting of the shop Zone 2 preparation at decontamination chamber at west end of hallway to the garage
Zone 2 pre-removal view of existing vinyl floor tile Zone 2 view of manometer recording sufficient negative air pressure inside work area
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Zone 2 preparation of work area at air filtration exhaust in garage
Zone 2 preparation measure including isolation of windows and view port
Zone 2 removal work included hand scraping of floor tile in the utility room
Zone 2 removal work showing partially removed floor tile in hallway to the garage
Zone 2 non-friable floor tile waste bags Zone 2 airless sprayer used to wet flooring materials and suppress airborne dust during removal
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Zone 2 post removal view of utility room showing non-asbestos containing floor mastic remaining after floor tile was removed Zone 2 post removal view of restroom showing non-asbestos containing floor mastic remaining after floor tile was removed Zone 3 preparation measures showing entrance to basement at decontamination chamber
Zone 3 manometer recording sufficient negative pressure inside basement/crawlspace containment
Zone 3 air filtration machine attached to HVAC opening in living room
Zone 3 preparation of basement/crawlspace vents to isolate containment
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Zone 3 staging area of containment showing workers wrapping asbestos containing ductwork
Zone 3 staging area showing HVAC ductwork wrapped and
ready for loadout and labeling
Zone 3 air scrubbing air filtration machine located in staging area of basement
Zone 3 workers wrapping HVAC ductwork in polyethylene
sheeting
Zone 3 post removal view of crawlspace showing absence of HVAC ductwork after removal work was completed
Zone 3 post removal view of crawlspace showing view of hard pan dirt floor after HEPA vacuuming
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Zone 4 view of ceiling mounted heater in shop prior to removal Zone 4 view of asbestos containing insulation inside heater prior to removal
Zone 4 preparation of isolated work area prior to heater removal
Zone 4 view of heater after being wrapped in 2 layers of 6 millimeter polyethylene sheeting before removal
Zone 4 final wrapping of heater Zone 4 view of ceiling mounting hangers after removal of heater
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Zone 5 view of transite flue pipe located inside west wall of dining room
Zone 5 preparation of mini-containment to isolate removal of transite pipe during work
Zone 5 mini-containment constructed to isolate removal of transite pipe during work
Zone 5 view of transite pipe during process. Note minimal breakage at sections coupling
Zone 5 five foot section of transite pipe wrapped in 2 layers of polyethylene sheeting after removal
Zone 5 empty wall cavity in west wall of dining room after transite pipe removal
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Zone 5 empty wall cavity in west wall of dining room after transite pipe removal
Zone 5 empty ceiling and roof cavity after removal of transite pipe
Zone 6 preparation measure to isolate east door of kitchen prior to ceramic tile demolition
Zone 6 preparation measure to filter and scrub air within the regulated work area using a HEPA air filtration machine Zone 6 preparation showing HEPA exhaust tubing at master bathroom Zone 6 preparation at northeast restroom near garage 560
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Zone 6 removal or lead containing ceramic tile from kitchen counter Zone 6 waste bags of ceramic tile debris
Zone 6 final condition of kitchen counter and back splash following removal of ceramic tile
Zone 6 final condition of master bathroom floor and walls following removal of ceramic tile
Zone 6 final condition of northeast restroom floor following removal of ceramic tile
Zone 6 northwest guestroom counter following removal of ceramic tile counter
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WASTE MANIFESTS
Sensible Environmental Solutions Inc.
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SES REPRESENTATIVE CERTIFICATIONS
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State of California
Division of Occupational Safety and Health
Certified Asbestos Consultant
Mark Alan Stockwell
This certification was^sued fyit}»Division of
Occupational-Sa^tysntfHealttj:.as authorized
by Sections Hio'etsetj: of the Business and
Professions Code.

State of California Department of Public Health
Lead-Related
Construction Iyfi«
Inspector/Assessor 02/22/2019
Mark A. Stockwell
aH
ID *: 570
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Asbestos Project Designer
Refresher Training Course
5rk Stockwe
has successfully completed the Asbestos Project Designer Refresher course approved by the California Division of Occupational Safety and Health for purposes of certification required by Title 8, Article 2.7 Chapter 3.2, Section 341.16 and the accreditation required under the Toxic Substances Control Act, Title II. Conducted by M&C Environmental Training, Inc., 1619 Beverly Place, Berkeley, California 94707. Tel. #(510) 525 -1388 Course Approval Number: CA-003-10
Location: Oakland, California
Dates: April 4, 2018
Director of Training: John McGinnis
Expiration: April 4, 2019
Certificate Number 43616 DR
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Asbestos Inspector
Refresher Training Course
Fark Stock W€4J
has successfully completed the Asbestos Inspector Refresher course approved by the California Division of Occupational Safety and Health for purposes of certification required by Title 8, Article 2.7 Chapter 3.2, Section 341.16 and the accreditation required under the Toxic Substances Control Act, Title II. Conducted by M&C Environmental Training, Inc., 1619 Beverly Place, Berkeley, California 94707. Tel. #(510) 525 - 1388 Course Approval Number: CA-003-06
Location: Oakland, California
Dates: April 5, 2018
Director of Training: John McGinnis
Expiration: April 5,2019
Certificate Number 43624 IR
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Asbestos Management Planner
Refresher Training Course
has successfully completed the Asbestos Management Planner Refresher course approved by the California Division of Occupational Safety and Health for purposes of certification required by Title 8, Article 2.7 Chapter

3.2, Section 341.16 and the accreditation required under the Toxic Substances Control Act, Title II. Conducted by M&C Environmental Training, Inc., 1619 Beverly Place, Berkeley, California 94707. Tel. #(510) 525 -1388 Course Approval Number: CA-003-08
Location: Oakland, California
Dates: April 5, 2018
Director of Training: John McGinnis
Expiration: April 5, 2019
Certificate Number 43648 PR
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Asbestos Contractor/Supervisor
Refresher Training Course
•k Stock well
has successfully completed the Asbestos Contractor/Supervisor Refresher course approved by the California Division of Occupational Safety and Health for purposes of certification required by Title 8, Article 2.7 Chapter

SES ROTOMETER CALIBRATION DATA
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SES-7 Current Calibration Date: 5/14/2018
Type: High Flow Next Calibration Date: 11/14/2018
Calibration Conducted By: Matt Reynolds
SES-7

2.00 1.91

3.00 3.09

4.00 4.16

5.00 5.28

6.00 6.28

7.00 7.21

8.00 8.31

9.00 9.12

10.00 10.03

11.00 11.04

12.00 12.00

13.00 13.05

14.00 14.14

15.00 14.99
This rotometer was calibrated with a Gilian Flowmeter as a Primary Standard. A best fit curve of calibration data was produced and graphed. A table of best fit values is attached to the rotometer. Rotometer readings and corresponding actual values may be read from the graph or table. All readings were taken from the center of the ball on the rotometer.

All calibration readings utilizing the rotometer should be taken from the center of the ball. 1116 Willow Pass Court, Concord, CA 94520
101 Filbert Street, Suite 101, Oakland, CA 94607 Phone: 510-835-9737 Fax: 510-835-9740

CALIBRATION DATA FORM
11/14/18
Phone: 925-689-9737 Fax: 925-689-1420

ENVIRONMENTAL SOLUTIONS WITH A SENSIBLE APPROACH
Assigned
Staff:

Rotometer #:

3.09 4.16

5.28 6.28

7.21 8.31

9.12 10.03

11.04 12.00

13.05 14.14

14.99 2
3 4
5 6
7 8
9 10
11 12
13 14
15 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Actual Reading (LPM)
Rotometer Reading (LPM)
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NOTIFICATIONS
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Job #: 10443
Note: Any changes in the information provided to the district office by the written notice shall be reported to the district office within 24 hours of such change.

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
Contractors State License Board License Number:
10480 Finch Ave. Cupertino CA 95014
Company/Employer Name:

Headquarters Address:

COASTWIDE ENVIRONMENTAL TECHNOLOGIES, INC.
170 Second Street Watsonville, CA 95076
*Name of Certified Supervisor: Benjamin Cardenas
(831) 761-5511
*Name of Qualified person in charge of air monitoring, laboratory work and respirators: Jose Fregoso Describe type, scope and work practices of job:

Type of Business: Educational
Estimated number of employees on this job 4
*Name of Certified Asbestos Consultant:: Sensible Environmental Solutions, Inc.- Mitchell Evaluation of potential for exposure:

Projected job starting date: 06/04/18 Projected completion date: 06/08/18 CAL/OSHA Form 183B rev 04/2004

STATE OF CALIFORNIA

DEPARTMENT OF INDUSTRIAL RELATIONS
Do not send this notification to DOSH Headquarters or to DOSH Consultation.

This will not satisfy the notification requirement and could result in citation.

Temporary Worksite Notification for Asbestos-Related Work Prior to the start of each job or phase of asbestos-related work requiring the employer or contractor to be registered, Section 341.9 of the California Code of Regulations (8 CCR 341.9) requires notifications to the nearest DOSH District Office.

Kitchen, Bathroom, Crawlspace, Attic.

Address of Temporary Worksite and Precise Location: Sedgwick Elementary School New Addition 523560
DOSH-ACRU (Cal/OSHA) Asbestos Registration Number: 058
And/or "Report of Use" Registry Number:

Renovation. Wet Methods Provide full containment, negative air filtration, H.E.P.A. vacuuming and cleaning. Glovebags where applicable. Protective clothing and respiration equipment to be worn.

Low
Floor Mastic, Grinding, Floor tile, Heat Shield - Furnace, Heating duct, LEAD Paint Chips Removal of:

Nearest Intersection: Phil Ln.

Job # 10443
Santa Clara County
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Concentration of lead in disturbed materials:
*Amount of area to be disturbed
*Supervisor name:

CET Job # 10443

STATE OF CALIFORNIA
Division of Occupational Safety and Health
* Name of employer doing "Lead Work" *Address *Zip Code COASTWIDE ENVIRONMENTAL TECHNOLOGIES, INC. 170 Second Street Watsonville, CA 95076
Supervisor:

Rodrigo Gutierrez Gutierrez
*Phone
(831) 761-5511
Shift
*Street address or location of job
Sedgwick Elementary School New Addition
10480 Finch Ave.

City
Cupertino
County
Santa Clara
*Precise Location of work (building no., room no., etc.) *Job start date/time
06/04/18
*Job completion date/time
06/08/18

LEAD-WORK PRE-JOB NOTIFICATION
(Note: Items marked * are required)
California Contractor's license number 523560
*Number of lead-job workers:

California Department of Health Services Lead Certificate No. (if applicable)
Pager/cellular phone no.
*Approximate duration of "Lead Work" in days
5 Nearest cross Street
Phil Ln.

Zip Code
95014
Entity contracting the lead-work Address
10301 Vista Drive
Zip Code
95014
Phone
408/252-3000x347
Pager/cellular phone no.

Type of structure and use:

Scope of work and work practices: (check all that apply) *Describe lead-related work to be done (check all that apply) parts per million (ppm)
*Name of notifier
Rodrigo Gutierrez
Title:

Estimator
*Date Signed:
5/31/2018
This information is provided in accordance with Title 8, California Code of Regulations, Construction Safety Order Section 1532.1 (p). 662
4 Annual Notification for Steel Structures
101 - 1,000 square feet
Mg/CM2
*Describe paint removal methods (check all that apply)
Assumed to be lead containing:

Day
Swing
Graveyard
Other
Torch Cutting/Welding
Duration of work:
% percent by weight
Residence
Cupertino Union School District
Surface Preparation
Water/Moisture Damage Repair
Window/Door Repair/Replacement
Wall Repair
Paint Removal
Demolition
Other:

Manual Scraping/Sanding
Power Sanding/Grinding
Chemical Stripping
Demolition
Heat Guns
Abrasive Blasting
Hydroblasting
Torch Cutting
Welding
Other:

Yes
Kitchen, Bathroom, Exterior Surfaces
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CET Job #
10443
State of California - Health and Human Services Agency

ABATEMENT OF LEAD HAZARDS NOTIFICATION
Section I - Structure Where Abatement of Lead-Based Paint or Lead Hazards is Scheduled Section 6 - Individual Conducting Abatement (Supervisor or Company and Supervisor) Address (number, street, apartment number, if applicable) Sedgwick Elementary School New Addition
10480 Finch Ave.

County
Santa Clara
If you would like more information, please contact the following:

Projected starting date 06/04/18 Projected ending date 06/08/18 Department of Health Services

POST AT ALL ENTRANCES TOP WORK AREA AND STRUCTURE
DHS Certificatation Number
Zip Code
95014
Section 5 - Property Owner or Manager
Address
10301 Vista Drive
Zip Code
95014
Telephone number
408/252-3000x347
State
CA
Section 2 - Summary of Specified Work and Location(s) Where Lead-Based Paint or Lead Hazards Will Be Abated Notifier Rodrigo Gutierrez Title Estimator
DHS 8551 (11/05)
662
Work is being conducted to abate lead-based paint or lead hazards in or on this structure. For more information, please contact the individuals and/or agencies listed below.

City
Cupertino
Kitchen, Bathroom, Exterior Surfaces
Description of work to be performed: Interior Exterior Both Interior and Exterior Permanent (> 20 years)
Yes No Don't know
Temporary (< 20 years
Do any children reside on the property?
Type of abatement (check one box only)
Section 4 - Restrictions on Entering Work Area
List specific times and/or dates residents are not allowed to enter work areas, if applicable. 06/04/18 06/08/18
Supervisor:

COASTWIDE ENVIRONMENTAL TECHNOLOGIES, INC.
170 Second Street Watsonville CA 95076
Rodrigo Gutierrez Gutierrez
(831) 761-5511
California Contractor's license number
City
Cupertino
Name and company Telephone number
Address (number, street) City State Zip Code
523560
Section 7 - Local Environmental Health Agency
Telephone number
This form shall be mailed to:

Department of Health Services
Childhood Lead Poisoning Prevention Branch Reports
850 Marina Bay Parkway, Bldg P, 3rd Floor
Richmond, CA 94804-6403
FAX (510) 620-5656
Is this form a revision of a
previously submitted
abatement notification form?
No
Cancelled project
Section 3
to
Type of structure
Single Family Dwelling
County of Santa Clara Dept of Environmental Health 408-918-3400 Cupertino Union School District
Yes (Date of other form: )
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COASTWIDE ENVIRONMENTAL

WORKER CERTIFICATIONS
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COASTWIDE ENVIRONMENTAL

EMPLOYEE DAILY ROSTERS
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COASTWIDE ENVIRONMENTAL

WORK AREA ENTRY/EXIT LOGS
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COASTWIDE ENVIRONMENTAL

MANOMETER LOGS
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COASTWIDE ENVIRONMENTAL

ASBESTOS PERSONAL AIR SAMPLES
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Final Report
Airborne Fiber Analysis
NIOSH 7400 Method, Issue 2, 15 August 1994, counting rules 'A' Coastwide Environmental
170 Second Street
Project Manager
Watsonville, CA 95076
Client ID:

Report Number:

Date Received:

Date Printed:

First Reported:

Date Analyzed:

A238598
1895
06/21/18
06/21/18
Job ID/Site: 10443 - Sedgwick Elementary School New Addition, 10480 Finch Ave., FALI Job ID:

Cupertino, CA 95014
1895
Sample ID Lab Number Date Collected Volume (L) Fibers Fields LOD F/cc Fibers/cc 06/14/18
06/21/18
Total Samples Submitted:

Total Samples Analyzed:
1 1
Fibers/mm2
12043974 06/05/18 0.007 0.010
26 Name: Omar Nunes
1 360.0 7.0 100 8.9
(8-Hour TWA) Note: Sample 12043974 was used to calculate an 8-Hour Time Weighted Average of 0.004 fibers/cc. * The TWA calculation is derived from the data documented on the associated chain of custody and assumes there is no exposure for the remaining non-sampled portion of the workers 8 hour shift.

This information should not be used for determining a Negative Exposure Assessment without proper evaluation of the data.

Analytical results and reports are generated by Forensic Analytical Laboratories Inc. (FALI) at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by FALI to any third party without prior written request from client. This report applies only to the sample(s)tested and results are based upon sample information provided by the client. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by FALI. The client is solely responsiblefor the use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsementby NVLAP or any other agency of the U.S. Government. FALI is not able to assess the degree of hazard resulting from materials analyzed.

Intralaboratory Relative Standard Deviation (Sr) per 100 graticule fields: 5 to 20 fibers: 0.59; >20 to 50 fibers: 0.51; >50 fibers: 0.48 Tad Thrower, Laboratory Supervisor, Hayward Laboratory
1 of 1
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Final Report
Airborne Fiber Analysis
NIOSH 7400 Method, Issue 2, 15 August 1994, counting rules 'A' Coastwide Environmental
170 Second Street
Project Manager
Watsonville, CA 95076
Client ID:

Report Number:

Date Received:

Date Printed:

First Reported:

Date Analyzed:

A238597
1895
06/21/18
06/21/18
Job ID/Site: 10443 - Sedgwick Elementary School New Addition, 10480 Finch Ave., FALI Job ID:

Cupertino, CA 95014
1895
Sample ID Lab Number Date Collected Volume (L) Fibers Fields LOD F/cc Fibers/cc 06/14/18
06/21/18
Total Samples Submitted:

Total Samples Analyzed:
2 2
Fibers/mm2
12043972 06/06/18 0.045 0.065
Name: Juan Medina
JUAN MEDINA 1 60.0 8.0 100 10.1
12043973 06/06/18 0.003 0.108
Name: Juan Medina
JUAN MEDINA 2 860.0 102.0 54 240.6
Comments: Filter loaded with particulate which may affect analytical result. (8-Hour TWA) Note: Samples 12043973 and 12043972 were used to calculate an 8-Hour Time Weighted Average of

0.101 fibers/cc.
* The TWA calculation is derived from the data documented on the associated chain of custody and assumes there is no exposure for the remaining non-sampled portion of the workers 8 hour shift.

This information should not be used for determining a Negative Exposure Assessment without proper evaluation of the data.

Intralaboratory Relative Standard Deviation (Sr) per 100 graticule fields: 5 to 20 fibers: 0.59; >20 to 50 fibers: 0.51; >50 fibers: 0.48 Tad Thrower, Laboratory Supervisor, Hayward Laboratory
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COASTWIDE ENVIRONMENTAL

LEAD PERSONAL AIR SAMPLES
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Client ID:

Report Number:

Date Received:

M199245
Job ID / Site: 10443, Sedgwick Elementary School New Addition, 10480 Finch Ave., Cupertino, CA 95014
Coastwide Environmental
170 Second Street
1895
FALI Job ID:

Date Analyzed:
1895
Project Manager
Watsonville, CA 95076 Date Printed: 06/19/18
06/19/18
Metals Analysis of Air Filters
First Reported: 06/19/18
06/14/18
Final Report
(AIHA-LAP, LLC Accreditation, Lab ID #101762)
Date(s) Collected: 06/04/18 Total Samples Submitted: 1
Total Samples Analyzed: 1
Sample Number Lab Number Result
Result Reporting Method
Volume Analyte Units Limit* Reference
#691-1 30804818 780 L Pb 13 ug/m3 6 NIOSH 7082
* The Reporting Limit represents the lowest amount of analyte that the laboratory can confidently detect in the sample, and is not a regulatory level. The Units for the Reporting Limit are the same as the Units for the Final Results.

Daniele Siu, Laboratory Supervisor, Hayward Laboratory
3777 Depot Road, Suite 409, Hayward, CA 94545 / Telephone: (510) 887-8828 (800) 827-FASI / Fax: (510) 887-4218 1 of 1
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DOP TESTING DOCUMENTATION
Sensible Environmental Solutions Inc.
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Certificate number Equipment Manufacturer Model Number Serial Number Pass/Fail Testing performed for:

Coastwide Environmental
170 Second Street
Watsonville, CA 95076
Project location/description:

Testing requested by:

Date Tested:

P.O. Number:

DOP Aerosal Smoke Challenge Certificate
6/5/18 (Tue)
10443
Sedgwick Ele. School
10480 Finch Ave.

Cupertino, CA 95014
Project Number: 18-321
Manager: Ralph Guzman
53436 Negative Air Unit Aerospace 2000 Pass n/a
53437 Negative Air Unit Aerospace 2000 Pass n/a
53438 Negative Air Unit Aerospace 2000 Pass n/a
53439 Negative Air Unit Dri Eaz F 284 Pass 42758
53440 Negative Air Unit Drieaz Defender 500 Pass 45026
53441 HEPA Vacuum Pulse Bac PB-550 Pass 0838
ANSI-N510-1989 * FEDERAL STANDARD 209E * UL586-1990
10962 Bigge St San Leandro, CA 94577 phone (510) 568-5996 Fax (510) 568-7993 Manager:
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Certificate number Equipment Manufacturer Model Number Serial Number Pass/Fail Testing performed for:

Project location/description:

Testing requested by:

Date Tested:

P.O. Number:

DOP Aerosal Smoke Challenge Certificate
6/5/18 (Tue)
10443
Sedgwick Ele. School
10480 Finch Ave.

Cupertino, CA 95014
Project Number: 18-321
Manager:

Coastwide Environmental
170 Second Street
Watsonville, CA 95076
Ralph Guzman
53442 HEPA Vacuum Nilfisk GD930 Pass n/a
ANSI-N510-1989 * FEDERAL STANDARD 209E * UL586-1990
10962 Bigge St San Leandro, CA 94577 phone (510) 568-5996 Fax (510) 568-7993 Manager:
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CITY OF CUPERTINO
Agenda Item
25-14054 Agenda Date: 7/1/2025
Agenda #: 9.

Subject: Award of a design professional services agreement to DIALOG Design LP for the City Annex Improvements project (420-99-248) for the renovation of an existing building located at 10455 Torre Avenue for a total not-to-exceed amount of $493,243.

1. Award a design professional services agreement to DIALOG Design LP for the City Hall Annex Project in the amount not to exceed $448,243; and

2. Authorize the City Manager to execute a Design Professional Services Agreement with DIALOG Design LP when all conditions have been met; and

3. Authorize the Director of Public Works to execute any necessary services or change orders, up to a contingency amount of $45,000 (approximately 10% of base services,) for a total contact amount of $493,243.

CITY OF CUPERTINO Page 1 of 1 Printed on 6/25/2025
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CITY COUNCIL STAFF REPORT
Meeting: July 1, 2025
Subject
Award of a design professional services agreement to DIALOG Design LP for the City Hall Annex Improvements project (420-99-248) for the renovation of an existing building located at 10455 Torre Avenue for a total not-to-exceed amount of $448,243.

Recommended Action

1. Award a design professional services agreement to DIALOG Design LP for the City Hall Annex Project in the amount not to exceed $448,243; and

2. Authorize the City Manager to execute a Design Professional Services Agreement with DIALOG Design LP when all conditions have been met; and

Background
In March 2021, the City purchased the property at 10455 Torre Avenue for $4,450,000, to provide a customer-serving facility during a City Hall renovation or reconstruction project and to facilitate future programmatic needs.

This City Hall Annex Improvements project (“project”) was funded in the Fiscal Year (FY) 2021-22 Capital Improvement Program (CIP) budget for $3 million. The project description is to “program, plan and build facility improvements to facilitate short-term and long-term use[s] of this facility. The scope of work will include programming, planning, design and construction.”
This project will renovate the existing interior of the building located at 10455 Torre Avenue into a flexible space, with an open floor plan layout for use as a customer-facing facility for services currently provided from City Hall. Currently, the approximately 5,730 square foot (SF) building is a professional service office which is anticipated to be fully renovated. The building was constructed in 1977 and is a single-story wood frame, stucco exterior office facility. Exterior improvements will be limited to those required by the building code and Title 24 energy code requirements, such as providing an 675
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accessible path of travel and window assemblies with improved energy performance.

Landscaping will be evaluated for appropriate planting and irrigation upgrades.

At the June 7, 2022 City Council meeting, the agreement with DIALOG Design LP (Dialog) was approved for a total appropriation of $508,502. Programming and design for the renovation of the facility was initiated immediately.

Council received an update on the project at the October 18, 2022 City Council meeting, and voted to
(1) Amend the project scope to include programming, design, and construction of the building as the City’s Permit Center and Emergency Operations Center (EOC);
(2) Approve an amendment to the Dialog agreement, bringing the total appropriations for that contract to $610,202; and
(3) Authorize the execution of a design professional services agreement with Cumming Management Group, Inc. (Cumming) for project management and construction management services.

The project was put on hold in July 2023 when cost estimates showed construction would exceed $7 million, and efforts to reduce costs were unproductive. Proceeding with the renovation project at that scale was not cost-effective while the City Hall renovation/replacement project scope was under discussion. The contract with Dialog expired, having expended approximately $286,000 of the total $610,202 compensation allowed.

On April 2, 2025, Council directed staff to re-initiate this project during the discussion of the FY25-26 CIP proposed projects , acknowledging the significantly increased construction cost. It was agreed that the project would continue in design phase using the currently allocated project funding, and a budget modification for any additional design, project management or construction costs would be pursued after construction bids were received.

Reasons for Recommendation and Available Options
In accordance with CMC 3.22.060 C, a formal competitive solicitation is required for contracts over $220,000. In 2022, a competitive solicitation process occurred for the professional design services contract awarded to Dialog. As a continuation of the previously approved design professional services, it is determined that Dialog is the most qualified firm to continue the work, since the prior knowledge and qualifications for the work are significant contributors to the success of the project.

Dialog submitted a scope and fee proposal for consideration. The draft agreement with Dialog is included as Attachment A. After negotiations, the proposal was reduced to $448,243 total compensation for base services. Some notes on the services:
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 An additional consultant was added to the Dialog scope: previously the Systems Integrator (AV/IT/Security) was planned to be directly contracted to the City. It is a more efficient relationship to include this scope/contract into the overall design team, led by Dialog. This added approximately $120,000 to the overall cost of the Dialog agreement.
 Remobilizing the design team and re-reviewing the project documents requires an additional fee of approximately $46,000. The design team consists of Dialog and 5 consultants: structural engineers (KPFF), landscape architects (Dillingham & Associates), mechanical and plumbing engineers (Litzenberger), electrical engineers (WKM), and the systems integrator (Interface).  After those two additional costs are removed from calculation, the fee proposal is approximately $38,000 greater than the funds that remained on the 2023 agreement, representing a reasonable 15% increase.

Sustainability Impact
Project design and construction will be required to meet current Title 24 energy requirements and the City’s sustainability goals.

Fiscal Impact
The Fiscal Year (FY) 2021-22 Capital Improvement Project (CIP) budget for the City Hall Annex Improvements (10455 Torre) Project is included in budget unit 420-99-248. City Council approved a fund of $3 million for the design and construction of this project. If this contract is awarded, the unencumbered funds would be approximately $1.73 million. Approved funds are adequate to cover the cost of this contract and no budget adjustment is required at this time.

Fiscal Summary
Current Funding Status (Budget) Amount
City Approved Funds FY22 $3,000,000
City Approved Funds 3
rd Quarter, FY22 $25,000
$3,025,000
Current Expenditures/Encumbrances Amount
2022-23 Dialog agreement ($286,144)
2022-23 Cumming agreement ($81,784 spent to
date, total contract amount indicated as contract
is active)
($431,766)
2022-23 other expenses (geotechnical survey, asbuilt drawings, PG&E, etc.) ($85,492) FY25-26 Dialog contract (includes contingency)
*Tonight’s action ($493,243)
Subtotal: ($1,296,645)
Current Funding Status (Budget) Amount
Approved project funding $3,025,000
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Previous expenditures ($1,296,645)
Project funds remaining: $1,728,355
City Work Program (CWP) Item/Description
City Hall Retrofit and City Hall Annex Renovation including the EOC/ Implement the previously approved 2022 Council plan with EOC migration.

Council Goal:

Quality of Life
California Environmental Quality Act
This project is exempt from the California Environmental Quality Act (CEQA) under 14 C.C.R. Section 15301 (minor alteration of existing facilities will not revise or expand the existing office use of the property or footprint of the existing structure.) _____________________________________
Prepared by: Susan Michael, CIP Manager
Reviewed by: Chad Mosley, Director of Public Works
Approved for Submission by: Tina Kapoor, Interim City Manager Attachments:

A – Draft Agreement-Dialog
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DESIGN PROFESSIONAL SERVICES AGREEMENT (SINGLE)
WITH DIALOG DESIGN, L.P.

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and DIALOG Design, L.P. (“Consultant”), a Limited Partnership for City Hall Annex Improvements Project (10455 Torre Ave.) (“Project”), and is effective on the last date signed below (“Effective Date”).

2. SERVICES

2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set forth in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as further specified in Consultant’s written Proposal as approved by City, except for any provision in the Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected byCity. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.

2.2 Additional Services. City may request at any time during the Contract Time that Consultant provide additional services for the Project, which are not already encompassed, expressly or implicitly, in the Agreement, the Scope of Services, or the Proposal (“Additional Services”). Additional Services must be authorized in writing by City and Consultant will not be paid for unauthorized Additional Services rendered. Additional Services are subject to all the provisions applicable to Basic Services, except and only to the extent otherwise specified by City in writing.

All references to “Services” in the Agreement include Basic Services and Additional Services, unless otherwise stated in writing. The Services may be divided into separate sequential tasks, as further specified in this Agreement, the Scope of Services, and Consultant’s Proposal.

Consultant is solely responsible for its errors and omissions and those of its subconsultants, and must promptly correct them at its sole expense. Consultant must take appropriate measures to avoid or mitigate any delay, liability, and costs resulting from its errors or omissions.

2.3 Consultant’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.

The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by consultant pursuant to this agreement.
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3. TIME OF PERFORMANCE

3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2028, unless terminated earlier as provided herein (“Contract Time”). The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

3.2 Schedule of Performance. All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached and incorporated here. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays. If the Services are divided by tasks, Consultant must begin work on each separate task upon receiving City’s Notice to Proceed (“NTP”), and must complete each task within the time specified in Exhibit B.

3.3 Time is of the essence for the performance of all the Services. Consultant must have sufficient time, resources, and qualified staff to deliver the Services on time.

4. COMPENSATION

4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Basic Services and Additional Services, if approved, a cumulative total amount that will be capped so as not to exceed $493,243.00 (“Contract Price”), as specified in Exhibit C, Compensation, attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant’s actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price.

4.2 Basic Services. City will pay Consultant $448,243.00 (“Price”) for the complete and satisfactory performance of the Basic Services in accordance with Exhibit C. The Price is inclusive of all time and expenses, including, but not limited to, sub-Consultants’ costs, materials, supplies, equipment, travel, taxes, overhead, and profit. Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge (“Reimbursable Expenses”).

Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site.

4.3 Additional Services. City has the discretion, but not the obligation, to authorize Additional Services up to an amount not to exceed $45,000.00 Additional Services provided to City’s reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance with the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for Reimbursable Expenses only. Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site.

4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the Amount due for the preceding month. City will pay Consultant within thirty (30) days following receipt of a properly submitted and approved invoice for Services. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of 680
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completion for each task, as specified in Exhibit C. City will notify Consultant in writing of any disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is unresolved, City will pay Consultant only for the undisputed portion of the Services. Disputed amounts shall be subject to the Dispute Resolution provision of this Agreement. a. Time and Expenses. For Additional Services provided on an hourly basis, each invoice must also include, for each day of Services provided: (i) name and title of each person providing Services; (ii) a succinct summary of the Services performed by each person; (iii) the time spent per person, in thirty (30) minute increments; (iv) the hourly billing rate or Sub- Consultant charge and payment due; and (v) an itemized list with amounts and explanation for all permitted reimbursable expenses. b. Rates and Receipts. All hourly rates and reimbursable expenses must conform to the City- approved rates set forth in Exhibit C, which will be in effect for the entire Contract Time. Each invoice must attach legible, dated receipts for Reimbursable Expenses.

5. INDEPENDENT CONTRACTOR

5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of the City. Consultant is solely responsible for the means and methods of performing the Services and shall exercise full control over the employment, direction, compensation and discharge of all persons assisting Consultant in performing the Services. Consultant is not entitled to health benefits, worker’s compensation, retirement, or any City benefit.

5.2 Qualifications and Standard of Care. Consultant represents on behalf of itself and its subConsultants that they have the qualifications and skills to perform the Services in a competent and professional manner, as exercised by design professionals performing similar services in the San Francisco Bay Area. Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by City and do not have any contractual relationship with City excepting this Agreement. All Services must be performed asspecified to City’sreasonable satisfaction.

5.3 Permits and Licenses. Consultant warrants on behalf of itself and any sub-Consultants that they are properly licensed, registered, and/or certified to perform the Services, as required by law, and that they have procured a valid City Business License, if required by the Cupertino Municipal Code.

5.4 Sub-Consultants. Unless prior written approval from City is obtained, only Consultant’s employees and sub-Consultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all sub-Consultants to furnish proof of insurance for workers’ compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all sub-Consultants relative to the portion of their work.

5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all tools, materials, and equipment required to perform the Services under this Agreement.

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement 681
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or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above.

5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its sub-Consultants, and must take prompt measures to avoid, mitigate, and correct them at its sole expense.

6. PROPRIETARY/CONFIDENTIAL INFORMATION
During the Contract Time, Consultant may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data.

7. OWNERSHIP OF MATERIALS

7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest (including copyright interests) of Consultant in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium, prepared by Consultant under this Agreement (“Work Product”), will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to a third-party without prior written approval by City.

7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all copyrights to the Work Product prepared/created by Consultant and its sub-Consultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not “works for hire,” Consultant hereby assigns to City all copyrights to the Work Product when and as created, and shall require sub-Consultants to do the same. Consultant may retain copyrights to its standard details, but hereby grants City a perpetual, non-exclusive license to use such details.

7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 682
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7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Consultant and its sub-Consultants to execute or implement any of the following, but Consultant shall not be responsible or liable for City’s re-use of Work Product:
(a) For work related to the original Services for which Consultant was hired; (b) To complete the original Services with City personnel, agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (d) For other City projects.

7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides, except for one single-sided original. Large-scale architectural plans and similar items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats.

8. RECORDS

8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Consultant’s performance, benchmarks, and deliverables. The records and supporting documents must be kept separate from other files and maintained for a period of four (4) years from the date of City’s final payment.

8.2 Consultant will provide City full access to Consultant’s books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data, documents, proceedings, and activities related to this Agreement. If a supplemental examination or audit of Consultant’s records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination. If this is a lump sum fee Agreement, City will be provided access to records of reimbursable expenses and the instruments of service/deliverables for review and audit. This Section 8 survives the expiration/termination of this Agreement.

8.3 Consultant acknowledges that certain documents generated or received by Consultant in connection with the performance of this Agreement, including but not limited to correspondence between Consultant and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Consultant shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.

9. ASSIGNMENT
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes of this provision, control means fifty percent (50%) or more of the voting power of the business entity. This Agreement binds Consultant, its heirs, successors and assignees.
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10. PUBLICITY / SIGNS
Any publicity generated by Consultant for the project under this Agreement, during the term of this Agreement and for one (1) year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. No signs may be posted, exhibited, or displayed on or about City property, except signage required by law or this Agreement, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law and except for losses caused by the sole or active negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmless the City as follows:
a. Indemnity for Design Professional Liability: With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its officers, officials, agents, employees, and volunteers (collectively and/or individually “City”) from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys’ fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually “Consultant”), in the performance of this Agreement or failure to comply with any obligations of the Agreement. If it is finally determined (through a non-appealable judgment or an agreement between City and Consultant) that liability is caused by the comparative negligence or willful misconduct of City, then Consultant’s indemnification and hold harmless obligation shall not exceed Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.

Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide or to immediately pay for an up-front defense of City against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys’ fees, and expert fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code.
b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any claim involving intellectual property, infringement, or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights, which arises out of, pertains to, or relates to Consultant’s negligence, recklessness, or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City’s choice, expert fees, and all other costs and fees of litigation.
c. Claims for Other Liability. Except as provided in subsections 11.1(a) and (b), to the fullest extent permitted by law, Consultant shall hold harmless, defend (with counsel agreed to by City), and indemnify City and its officers, officials, agents, employees, and volunteers 684
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(collectively and/or individually “City”) from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys’ fees, and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Consultant or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the City.

Consultant’s duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein.

11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute, or lawsuit arising out of this Agreement. Consultant’s duties herein are not limited to or subject to the Contract Price, to Workers’ Compensation claims, or to the Insurance or Bond limits and provisions.

Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee.

11.3 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant’s indemnification duties, including reasonable attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant’s payments to cover moneys due to City.

11.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

11.5 This Section 11 shall survive expiration or termination of this Agreement.

12. INSURANCE
On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement until Consultant has submitted and City has reasonably approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively, City may terminate this Agreement or in its sole discretion purchase insurance at Consultant’s expense and deduct costs from payments to Consultant.

13. COMPLIANCE WITH LAWS

13.1 General Laws. Consultant shall comply with all laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant’s ability to perform. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act, or other federal or state law, rule or regulation. 685
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13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a “public works” component, Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with City’s Labor Compliance Program and with state labor laws pertaining to working days, overtime, payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5.

13.3 Discrimination Laws. Consultant shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Consultant shall comply with all anti-discrimination laws, including Government Code Section 12900 and 11135, and Labor Code Section. 1735, 1777, and 3077.5.

Consistent with City policy prohibiting it, Consultant understands that harassment and discrimination by Consultant or any of its sub-Consultants toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. Consultant agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement in violation of California Government Code Section 1090 et seq. Consultant may be required to file a conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity, as provided in Section 18700 of Title 2 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant is familiar with and agrees to abide by the City’s rules governing gifts to public officials and employees.

13.5 Remedies. A violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this Section.

14. PROJECT COORDINATION

14.1 City Project Manager. The City’s Project Manager for all purposes under this Agreement will be Susan Michael, who shall have the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative.

14.2 Consultant Project Manager. Subject to City’s reasonable approval, Consultant’s Project Manager for all purposes under this Agreement will be Dong Kim, who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services. This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders, and the Schedule of Performance, and providing regular updates to the City’s Project Manager on the Project status, progress, and any delays. City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays. 686
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15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project with thirty (30) calendar days written notice to Consultant.

Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonable time to assemble the work and close out the Services. No close out work shall be conducted without City reasonable approval of closure costs, which may not exceed ten percent (10%) of the total time expended to the date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30) days of Consultant’s final invoice reasonably approved by the City.

16. TERMINATION
City may terminate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty (30) calendar days prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within thirty (30) days of Consultant’s final invoice.

17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California, excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.

Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court against City. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). If a dispute arises, Consultant must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact.

18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This Section 18 survives the expiration/termination of this Agreement.

19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.

20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of any breach shall not be deemed to constitute waiver of another term, provision, covenant, or condition or a subsequent breach, whether of the same or a different character. 687
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21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of the Parties, of every kind or nature, and supersedes any and all other agreements and understandings, either oral or written, between them. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of this main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.

22. INSERTED PROVISIONS
Each contractual provision or clause that may be required by law is deemed to be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision.

23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.

24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect.

25. SURVIVAL
All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect.

26. NOTICES
All notices, requests, and approvals must be sent to the persons below in writing to the persons below, and will be considered effective on the date of personal delivery, the delivery date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:

To City of Cupertino:

Office of the City Manager
10300 Torre Ave., Cupertino CA 95014
Attention:Susan Michael
Email: [email protected]
To Consultant:

DIALOG Design, L.P.
126 Post Street, Suite 500
San Francisco, CA 94108
Attention: Dong Kim
Email: [email protected]
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27. EXECUTION
The person executing this Agreement on behalf of Consultant represents and warrants that Consultant has the right, power, and authority to enter into this Agreement and carry out all actions herein, and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the Effective Date stated earlier in this Agreement.

CITY OF CUPERTINO CONSULTANT
DIALOG Design L.P. per its General
Partner DIALOG Holdings USA, Inc.

A Municipal Corporation
By
Name
Title
Date
By
Name
Title
Date
APPROVED AS TO FORM:

MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
Dong Kim
Authorized Signing Officer
Tina Kapoor
Interim City Manager
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DIALOG Design LP
126 Post Street, 5/F
San Francisco, CA 94108
TEL 628.444.6130
DIALOGDESIGN.CA
June 2, 2025
Susan Michael
Capital Improvement Programs Manager
Public Works, City of Cupertino
10350 Torre Ave
Cupertino, CA 95014
Dear Susan,
Re: City of Cupertino City Hall Annex Design Continuation Fee Proposal
Our File: TBD (Previous Project No. 2005958)
We are pleased to present this Fee Proposal for the City of Cupertino City Hall Annex Design Continuation on behalf of DIALOG Design LP (referred to as DIALOG in this document and in project documentation).

We have previously contracted with the City to provide a design of temporary City Hall Annex in 2022 and have completed the Design Development phase of the project. Based on the funding availability, the project was cancelled. We understand the city would like to continue the project design. This proposal based on you feedback on 5/25/2025.

1. SCOPE OF THE PROJECT
We understand the Scope of the Project to be generally as follows:

Project Name: City of Cupertino City Hall Annex Design
Project Location: 10455 Torre Ave, Cupertino, CA 95014
Owner Name: Citty of Cupertino
Major Building Functions: City Hall Annex Office and Public Service Building Approximate Building Area: ±$5,800 SF
Construction Cost Budget: ±$6.5 million TBD
Project Delivery Methodology: Design Bid Build, Stipulated Sum Anticipated LEED or alternative body’s Certification target: California Building Code Reference Information or Documents: DIALOG’s Design Development Project Documents dated 1/23/2023

2. PROJECT SCHEDULE
We understand the intent of the project schedule to be generally as follows:
− Value Engineering: within 1 month of the project authorization − Planning Department Review and Approval: within 3 months of the Planning Submittal − Construction Documents: within 3 months of the Planning Submittal Approval − Permitting: 3 months anticipated
− Bidding and Contracting: 2 months anticipated
− Construction Administration: 6 months anticipated

3. SCOPE OF BASIC SERVICES

3.1. Basic Service Disciplines. We will provide Basic Services in the following disciplines:

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− Architecture: DIALOG
− Interior Design: DIALOG
− Structural Engineering: ZFA
− Mechanical Engineering: Litzenberger Engineering
− Electrical Engineering: WKM, Inc.
− Landscape Architecture: Dillingham and Associates
− EOC Low Voltage/Data: Interface Engineering

3.2. Scope of Basic Services. Our Basic Services in these disciplines will consist of the following phases:
− Project Initiation/Schematic Design/Design Development for Low Voltage/Data Scope only
− Value Engineering/Project Restart
− Construction documents
− Permit
− Bidding
− Construction Administration

3.3. Scope of Service Definitions. The areas and scopes of work for our Basic Services listed above in 3.1 and 3.2 are defined as:
− DIALOG’s Standard Terms and Conditions (Schedule 1)

3.4. Bid Packages and Deliverables. Our Basic Services include the following bid packages and deliverables:
− Value Engineering Confirmation Report in PDF format
− 95% Construction Documents Drawings and Specifications in PDF format − Permit Submittal Drawings and Specifications in PDF format

3.5. Construction Cost.
− Construction Cost Estimates will be prepared by:
o The construction manager, engaged by others.
− The Owner’s Construction Cost Budget and the Construction Cost Estimates shall include:
o A design and pricing contingency to provide for the evolution of the design and refinement of the Construction Cost Estimate
o An escalation contingency to cover price escalation from the time a Construction Cost estimate is prepared to the time when bids are received o A Construction Contingency to cover necessary design and construction changes
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3.6. Owner Responsibilities. Responsibilities of the Owner are defined by the following documents:
− DIALOG’s Standard Terms and Conditions.
− All geotechnical (soils), survey, hazardous material and environmental services and consultants are to be provided by the Owner; DIALOG does not provide these services.

And as listed below:
− Provision of existing conditions drawings and reports fully documenting the site, existing building and existing building systems in a usable digital format − Payment of LEED or a similar body’s registration and certification fees, and Third Party fees including model review fees.
− Engagement of Commissioning Agent as required by the Agency Having Jurisdiction − Engagement of Civil Engineer if the Fiber Infrastructure Connection between the City Hall and the Annex requires site work.

4. PROJECT SPECIFIC UNDERSTANDING
a. Planning Department Review submittal package generation, based on our previous submittal, is included.
b. Design services outlined in this proposal account for the structural design requirement for essential services structural requirement.
c. The electrical system design include provisions for portable generator connection, and UPS battery backup system.
d. Photovoltaic (PV) system design requirement will be included as design criteria document for deferred submittal document by a design-build PV contractor. e. We will provide requirement documents and provide engagement related to the PG&E power service application. We request the City provides all applications and related fees. f. CMO/Council presentation and Construction Documents 3D renderings are excluded in this proposal.
g. Emergency Operational Center Low voltage system designer proposal is included in this proposal. The design elements include:
i. Low voltage and Audio Visual System design to work with the City’s existing equipment to design an Emergency Operation Center (EOC)
ii. Design of Fiber Infrastructure connection between the City Hall and the Annex. (This scope may require engagement of a civil engineer. The civil engineering is not included in this proposal.)

5. FORM OF AGREEMENT
We understand that the City will provide City’s Standard Contract. We request that terms outlined in the proposal, including the Standard Terms and Conditions are considered by the City. We propose to work with the City to enter a mutually agreed contract.

6. FEE FOR BASIC SERVICES
Our Base Fee for the Basic Services set out in this Letter is as follows:
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BASE DESIGN

DISCIPLINES

EOC LOW

VOLTAGE

SUBTOTAL
Predesign/Investigation $1,640.00 $5,100.00 $6,740.00
Schematic Design $1,640.00 $12,700.00 $14,340.00
Design Development $2,090.00 $31,500.00 $33,590.00
Value Engineering/ Restart $46,303.00 n/a $46,303.00
Construction Documents $142,705.00 $42,450.00 $185,155.00 Permitting $21,945.00 $4,000.00 $25,945.00
Bidding $16,513.00 $3,100.00 $19,613.00
Construction Contract Admin $97,057.00 $19,500.00 $116,557.00 TOTAL $329,893.00 $118,350.00 $448,243.00
Reimbursable Expenses $10,000.00 NTE

7. FEE FOR ADDITIONAL SERVICES
Our fee for Additional Services will be calculated based DIALOG’s current Schedule of Hourly Rates, or will be based on a mutually agreed-upon fixed fee. The Schedule of Hourly Rates will be updated from time to time to reflect payroll costs.

8. REIMBURSABLE EXPENSES
Expenses incurred in the provision of our Basic, Additional, and Specialty Consultant Services shall be reimbursed in addition to our fees and as outlined below:
− Billed at our cost plus 10% for administration.

9. ATTACHMENTS AND REFERENCES
Please find the following documents attached:
− DIALOG’s US Standard Terms and Conditions bound into this agreement as Schedule 1 − DIALOG’s Schedule of Hourly Rates
− DIALOG’s Project Budget Worksheet

10. NOTICES
Any notice related with the present Agreement shall be in writing and in English and shall be delivered by hand or sent by registered post or email (in any case with a read receipt or written acknowledgement) to the following addresses:

If to DIALOG:

Dong Kim
Partner
126 Post St Fl 5
San Francisco, CA 94108
[email protected]
If to Client
Susan Michael
Capital Improvement Programs Manager
Public Works, City of Cupertino
10350 Torre Ave
Cupertino, CA 95014
[email protected]
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With a copy to:

Attention: Michael Markowski, Director of Risk
and Commercial Management
[email protected]
Please do not hesitate to call if you wish to review this letter in detail.

Respectfully,
DIALOG Design Limited Partnership
By its General Partner
DIALOG Holdings USA Inc.

Per
Dong Kim, Authorized Signing Officer
Date
6/2/2025
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SCHEDULE 1: DIALOG STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions shall form part of the Agreement to which they are attached.

Definitions
Additional Services. Additional Services are any services that are not set forth in the Basic Services. Additional Services include, but are not limited to (1) changes in the Basic scope of work, (2) services due to latent and/or subsurface conditions, (3) services due to changed conditions, (4) services due to unforeseen conditions or circumstances during the construction phase of the project, (5) any service not reasonably within the Basic Services envisioned, at the time the parties enter into the Agreement.

Agreement. The Agreement is defined to be the Fee Proposal/Letter of Agreement between DIALOG and the Owner, these Terms and Conditions, and the other documents that are referenced and included as part of the Agreement in the Fee Proposal/Letter of Agreement (and any subsequent amendments, addenda to or revision to the Fee Proposal/Letter of Agreement). The Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all prior agreements, covenants, and understandings, whether oral or written, are superseded and merged in this Agreement.

Basic Services. The basic scope of services set forth in the Fee Proposal/Letter of Agreement (hereinafter referred to as the “Basic Services”) by DIALOG for the Owner for the Project.

Contract Documents. The Contract Documents consist of the drawings, specifications, and any subsequent revisions, addenda, to such drawings and specifications, produced and issued by DIALOG.

Contractor or Contractors. The contractor or contractors, (hereinafter referred to as the “Contractor”), retained by the Owner to construct the Project. There may be multiple Contractors (more than one) retained by the Owner to construct the Project.

DIALOG. The entity, DIALOG entering into the Agreement to provide professional services.

Instruments of Service. The Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by DIALOG and DIALOG’s consultants under the Agreement and their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, calculations, and reports, written communications including correspondence, letters, memorandums, emails, faxes, notes, and other similar material. These Instruments of Service may be in the form of hardcopies, electronic files, or both.

Owner. The person(s) or entity (hereinafter referred to as the “Owner”) entering into the Agreement with DIALOG.

Party or Parties. Party refers to DIALOG or the Owner, and Parties refers to DIALOG and the Owner.

Project. The specific project (hereinafter referred to as the “Project”) for which DIALOG has entered into the Agreement to provide professional services to the Owner.

Terms and Conditions. “Terms and Conditions” refers to this Schedule 1: DIALOG Standard Terms and Conditions that outline the specific terms and conditions of the Agreement for services offered by DIALOG to the Owner for the Project.

Responsibilities of DIALOG DESIGN LP
The responsibilities of DIALOG are expressly limited to those services as described in this Agreement.

Where services involve:
• The provision of documents using Building Information Modelling, DIALOG does not give any express or implied warranty relating to the accuracy of quantities of construction materials, building systems, furnishings or equipment indicated, whether extracted from the model by DIALOG or by others. It is understood that the information provided in self-extracting files is provided for the convenience of the user and does not form part of the Contract Documents and further that DIALOG is in no way responsible for any unauthorized use of such information and will not be responsible of any loss or damages caused by errors or omissions in these files.

Where DIALOG provides such information, it will be subject to a detailed disclaimer documenting the terms of use under which the information is provided. Because data stored in electronic media can be altered, either intentionally or unintentionally, by transcription, machine error, environmental factors, or by operators, it is agreed that the Owner shall indemnify, defend and hold harmless DIALOG and DIALOG’s Consultants, and the officers and employees of any of them from and against any and all claims, liabilities, damages, losses and 695
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costs, including but not limited to costs of defense arising out of the use by the Owner or others of Instruments of Service or data in electronic media form, except to the extent the indemnified party is found to be solely liable.
• The provision of Construction Cost Estimates, DIALOG does not give any express or implied warranty relating to the accuracy of these estimates
• Energy modeling, DIALOG does not give any express or implied warranty that energy modeling is an accurate representation of utility charges
• Zoning or Land Use Interpretation, including representation or review with, or in consideration of, Authorities Having Jurisdiction, DIALOG does not give any express or implied warranty relating to the achievement of any specific goals, targets or undertakings in this regard
• Renovations or additions to existing facilities or property, DIALOG will review as-built information or documentation specifically made available to DIALOG as part of this project and field observations of existing conditions clearly visible at the time of review of the existing facilities or property for this project. DIALOG is not responsible for the accuracy of any information supplied to DIALOG and will rely on such documentation and field observations. DIALOG’s scope of work includes only the specific scope of the project stated in the Agreement, and DIALOG is in no way responsible for other portions of existing buildings, facilities or property and will be indemnified and held harmless in this regard. • Shop Drawing Review. DIALOG shall review Contractor’s submittals, such as shop drawings, product data, samples, and other data, which the Contractor is required to submit, but only for the purpose of checking for general conformance with the design concept and the information shown in the Contract Documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights, or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. DIALOG’s review shall be conducted with reasonable promptness while allowing sufficient time in DIALOG’s judgment to permit adequate review. Review of a specific item shall not indicate that DIALOG has reviewed the entire assembly of which the item is a component. DIALOG shall not be responsible for any deviations from the Contract Documents not brought to the attention of DIALOG in writing by the Contractor. DIALOG shall not be required to review partial submissions or those for which submissions of correlated items have not been received.

Where the project will be subject to the LEED or similar Certification processes, the Owner understands that processes and procedures are determined by the reviewing body, are outside the control of DIALOG, may not be uniformly implemented and may be subject to change. Further, LEED certification will require input and effort from the Owner, as well as from other consultants, contractors and other parties associated with the project that are not party to this Agreement. DIALOG does not give any express or implied warranty or assurance that LEED certification will be attained for or by the Project, and the Owner releases DIALOG and DIALOG’s Consultants from any claims or liabilities arising out of or relating to the failure of the Project to attain or retain any expected LEED certification.

Owner acknowledges that building, fire, mechanical, electrical and federal, state, and local codes are less than precise and are subject to varying interpretations by authorities having jurisdiction over the Project. The Owner acknowledges that DIALOG is obligated to prepare drawings and specifications such that the Project, if properly constructed in accordance therewith, will comply with applicable legal requirements only to the extent such legal requirements are actually established when the drawings and specifications are prepared. Codes applicable to the project are those enforced at the time of building permit submittal to the applicable jurisdiction. DIALOG shall have no obligation to anticipate any interpretations of such legal requirements and shall have no liability to any person based upon such interpretations. The Owner also acknowledges that many small community or large institutional jurisdictions regularly sub-contract plan-checking and approval services to other jurisdictions without the knowledge of DIALOG or Owner. The Owner acknowledges therefore, that extra construction costs may accrue as a result of accommodating specific, but unpredictable, partial interpretations of the codes; and differences in these partial interpretations between the various governing authorities, subsequent to initiation of Project construction.

DIALOG shall in no way be held liable for increased construction costs associated with these partial or overlapping interpretations.

The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Owner acknowledges that the requirements of the ADA will be subject to various and possibly contradictory interpretations, and may require expert interpretation. In such cases and when requested by DIALOG, the Owner shall consult with its attorney or other qualified expert to review the design and make appropriate recommendations. DIALOG will use its professional efforts to interpret applicable ADA and other federal, state and local applicable codes, and code amendments as they apply to new work. DIALOG however, cannot and does not warranty or guarantee that the Owner's Project will fully comply with all interpretations of the ADA requirements and/or the requirements of other federal, state and local laws, rules, codes, ordinances and regulations or court decisions as they apply to the Project. ADA site surveys when requested by the Owner will be billed as an Additional Service on a time and materials basis unless otherwise noted.
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Where services involve Construction Phase-Contract Administration:
• DIALOG shall not be required to make exhaustive or continuous reviews of the Work beyond General Review at intervals appropriate to the stage of the construction that DIALOG, in its professional discretion, considers necessary to become familiar with the progress and quality of the Work and to determine that the Work is in general conformity with the construction contract documents; nor shall the Construction Phase Contract Administration services be reduced beneath this scope of service • DIALOG shall not supervise, direct, or have control over the Contractor’s work. DIALOG shall not be responsible for the acts or omissions of the Contractor or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in Accordance with the Contract Documents • DIALOG shall not have control or responsibility for construction ways, means, methods, techniques, sequences or procedures selected by the contractor nor for the contractor’s safety precautions or programs in connection with the work
• The Owner acknowledges that the need for Additional Services may arise for reasons that include acceptance of Contractor-proposed substitutions that require revisions to the Construction Documents, the use of other software in addition to Onware for Construction Contract Administration, an extensive or unreasonable number or complexity of Constructor claims, requests for information (RFIs) or proposed substitutions, major defects or deficiencies in the Work or default by either the Owner or the Constructor under a Construction Contract, and dispute resolution proceedings arising out of the Construction Contract • Certificates for payment issued by DIALOG will constitute a representation to the Owner, based on such observation and review that, to the best of DIALOG’s knowledge, information and belief, the Contactor’s Work has progressed to the point indicated and the Work is generally in accordance with the design intent of the Contract Documents.
• Certificates for Payment issued by DIALOG shall not be a representation that DIALOG has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Contract Price, or that the Contractor has discharged the obligations imposed on him by law.

Responsibilities of the Owner
The Owner shall provide full information required for DIALOG to provide their services including:
• A program setting forth complete, accurate, and reliable information regarding Project objectives, constraints, schedules, and criteria
• A Construction Budget, including reasonable design, escalation and construction contingencies • All necessary existing building or property information, including but not limited to surveys, subsurface, geotechnical, environmental or hazardous materials investigations, specialists’ reports, and tests, and all available exiting building information and documentation.

The Owner shall:
• Examine all documents and requests presented by DIALOG and promptly provide, in writing, decisions, approvals, and instructions
• Obtain and pay the cost of all required consents, approvals, licenses, and permits from authorities having jurisdiction
• Obtain and pay the cost of all specialty consultants
• Authorize a person to act on the Owner’s behalf
• Promptly fulfill the Owner’s responsibilities for the orderly progress of the services of DIALOG • Immediately notify DIALOG in writing if the Owner observes or otherwise becomes aware of a fault or defect in the Project or any nonconformity with the requirements of the Construction Contract.

It is understood and agreed that the Owner shall contract directly with other consultants providing other design professional services for other disciplines other than that of DIALOG. The Owner agrees that DIALOG shall have no responsibility for any portion of the Project designed by other consultants engaged by the Owner. DIALOG shall not be required to coordinate, check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. The Owner agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless DIALOG from any damages, liabilities or costs, including without limitation reasonable attorneys’ fees and costs and costs of defense, arising out of or connected in any way with the services performed by other consultants engaged by the Owner. The Owner further agrees to require all other consultants engaged by the Owner to coordinate their construction documents or reports with those of DIALOG, to promptly report any conflicts or inconsistencies to DIALOG and to cooperate fully with DIALOG in the resolution of those conflicts or inconsistencies.

Neither DIALOG nor its consultants shall assume any responsibility for the design or performance of any DesignBuild systems and they shall be entitled to rely on the services provided by the Design-Build subcontractors or consultants for the Project. If a Design-Build subcontract is authorized by the Owner, the Design-Build 697
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subcontractor and general contractor shall assume 100% liability for all professional design services provided, irrespective of performance specifications or drawings that may be provided by DIALOG or its consultants. Such full liability shall be incorporated into the agreements between the general contractor and its design-build subcontractor(s). If a Design-Build subcontractor is substituted after DIALOG’s drawings have been coordinated with the drawing set, DIALOG’s time required to review and re-coordinate the Design-Build design shall become Additional Services pursuant to this Agreement.

Payment
The Owner shall pay DIALOG the fees as described in the attached Agreement, plus reimbursable expenses and all applicable taxes, and duties. Reimbursable expenses shall include all expenses reasonably incurred in the provision of their services such as plotting, photocopying, printing, courier, long distance telephone charges, travel, fax charges, postage, photography, renderings, models and consents, approvals, licenses, and permits applied for on behalf of the Owner.

The Owner shall pay for any additional services agreed to that are not included in services described in the attached Agreement. If the scope, size, budget, or schedule of the Project, or the scope of the services provided by DIALOG are changed, then the fees shall be equitably adjusted.

Payment shall follow the standard payment procedures of DIALOG unless provided otherwise in the attached Agreement. DIALOG will submit monthly invoices to the Owner for services rendered to the date of invoice. The Owner shall pay the full amount within 30 days of the date of invoice. Overdue accounts shall incur interest at 3% above prime rate. DIALOG may, at its discretion, suspend services for non-payment of accounts overdue by more than 60 days of the date of the invoice. DIALOG shall have no liability whatsoever to the Owner for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Owner.

Copyright & Use of Documents
DIALOG and DIALOG’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Construction Documents, and shall retain all common law, statutory and other reserved rights, including copyrights.

Upon execution of the attached Agreement, DIALOG grants to the Owner a nonexclusive license to use the Instruments of Service solely and exclusively for purposes of constructing, managing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement.

In the event the Owner uses the Instruments of Service without retaining DIALOG, the Owner releases DIALOG and DIALOG’s consultants from all claims and causes of action arising from such uses and agrees to defend, indemnify and hold harmless DIALOG and DIALOG’s consultants from all claims, damages, costs and expenses, including the attorneys’ fees and the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service.

DIALOG will prepare the Instruments of Service solely for the use of the Owner. They may not be used, modified, or relied upon by any other party unless that party is specifically named by DIALOG in this Agreement as a beneficiary of the Instruments of Service. The Owner releases DIALOG and DIALOG’s consultants from all claims and causes of action arising from such uses and agrees to defend, indemnify and hold harmless DIALOG and DIALOG’s consultants from all claims, damages, costs and expenses, including attorneys’ fees and the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the unauthorized use of or modifications to the Instruments of Service. If DIALOG terminates this Agreement as provided herein, the license granted in this section shall terminate.

Insurance
Professional Liability: Throughout the term of this Agreement, DIALOG shall maintain in full force and effect professional liability insurance with a minimum limit of Two Million Dollars ($2,000,000) per claim and Four Million Dollars ($4,000,000) in the annual aggregate.

Commercial General Liability: Throughout the term of this Agreement, DIALOG shall maintain in full force and effect comprehensive general liability insurance. The amount of the insurance shall not be less than a combined single limit of Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) in the annual aggregate, including completed operations and property damage coverage.

Workers Compensation: Throughout the term of this Agreement, DIALOG shall maintain in full force and effect Workers Compensation insurance. The amount of the insurance shall be no less than the statutory state limits.

Certificates of Insurance: Certificates of Insurance reasonably acceptable to the Owner shall be maintained throughout the duration of the Project.
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Limitation of Liability
In recognition of the relative risks, rewards, and benefits of the Project to both the Owner and DIALOG, the risks have been allocated so that to the fullest extent permitted by law, the total liability, in the aggregate, of DIALOG and its employees, officers, directors, members, partners, agents, and consultants, to Owner, its subsidiaries and/or affiliated companies and its respective employees, officers, directors, members, partners, agents, and anyone claiming by, through, or under Owner, for any and all injuries, claims, losses, expenses, or damages, whatsoever arising out of, resulting from or in any way related to DIALOG’s services, the Project or this Agreement, or any Addenda, from any cause or causes whatsoever, including but not limited to negligence, breach of contract, negligent misrepresentation, breach of statutory duty, breach of express or implied contract or warranty shall be limited to the greater of fees paid for Basic Services under this Agreement or $100,000, and in no event greater than DIALOG’s available proceeds of professional liability insurance coverage. The Owner shall include provisions in the Owner/General Contractor Agreement requiring that the Contractor defend, indemnify and hold harmless DIALOG for claims by the Contractor’s employees. The Contractor shall name Owner and DIALOG as additional insureds on the Contractor’s general liability policy. The Contractor shall also procure contractual liability coverage sufficient to cover the defense and indemnity obligations being assumed and provide evidence of this coverage to all indemnified parties. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

The Owner acknowledges that either DIALOG or the Owner may engage consultants on behalf of and for the benefit and convenience of the Owner; and agrees that DIALOG shall not be liable to the Owner, in contract or in tort, for the acts, omissions or errors of such consultants whether retained by DIALOG or the Owner.

Indemnity
DIALOG and the Owner shall each indemnify (but not defend) and hold harmless the other from and against all claims by third parties that arise out of, or are attributable in any respect to their involvement as parties to this contract, but only the extent that such claims are caused by negligent errors, or negligent omissions of the party from whom indemnification is sought or a negligent breach of this contract by the party from whom indemnification is sought. Each party’s indemnification responsibility to the other party shall be limited in accordance with that party’s respective share of contributory fault as determined in a binding dispute proceeding. This indemnification shall survive this contract. In any event, DIALOG shall not, in any circumstances, be liable for any consequential loss or damage including but not limited to loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damage, howsoever caused. DIALOG shall not be responsible for the actions of others that are contrary to or inconsistent with DIALOG’s directions or documentation.

In no event shall the officers, directors, owners or employees of DIALOG be personally liable for any obligation under this Agreement, for any alleged breach of this Agreement, for any direct, indirect, incidental or consequential losses or damage of any kind or nature whatsoever. The Parties agree that the sole and exclusive remedy by all Parties for any and all obligations and claims shall be against the contracting entities and not against any owner, shareholder, officer, director or employee. Owner expressly waives any applicable statute or regulation to the contrary. The Owner shall not commence any claim or proceeding in contract, tort, breach of statutory duty or otherwise against any current or former employee, shareholder, owner, officer or director of DIALOG arising out of acts, omissions or errors of such person pursuant to this contract.

Mutual Waiver of Consequential Damages
Neither Party shall be liable to the other Party for any indirect, punitive or consequential losses, including but not limited to loss of revenue, loss of profit or loss of opportunity allegedly suffered by the claiming Party, whether arising in contract, tort (including negligence) or under any other theory of law.

Nothing in this agreement shall be construed as limiting, in any way, the ability of either party to maintain claims for contribution and indemnity against the other party for claims or actions advanced by others.

Standard of Care
DIALOG will perform the services to the Standard of Care ordinarily exercised by other members of the profession under similar circumstances, at the same time and in the same or a similar locale.

DIALOG shall be entitled to rely upon product information published by manufacturers and shall not be held liable for relying on information or representation which it reasonably believes to be accurate.

DIALOG shall not:
i. be required to make exhaustive or continuous on-site reviews ii. be responsible for acts or omissions of the contractor, subcontractors, suppliers or any other persons performing any of the Work, or for failure of any of them to carry out the Work in accordance with the contract 699
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documents
iii. have control, charge, or supervision over, or responsibility for, construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work iv. be responsible for design work shown on documents prepared by others unless specifically identified and certified by DIALOG
v. be responsible for any and all matters arising from mold, mildew or other fungus substances vi. be responsible for existing facilities and property other than as specifically included in the specific scope of the project stated in the Agreement
vii. be responsible for technology failures beyond its control. viii. be responsible for breach of express or implied warranties, and DIALOG offers no such warranties in the performance of its services pursuant to this Agreement.

Toxic or Hazardous Substances
DIALOG is not responsible for the identification, reporting, analysis, evaluation, presence, handling, removal or disposal of Toxic or Hazardous Substances at or adjacent to the place of work; or for the exposure of persons, property or the environment to Toxic or Hazardous Substances at or adjacent to the place of work. The Owner will have the duty to inform DIALOG of the presence, or suspected presence, of asbestos, mold or any other Toxic or Hazardous Substances associated with the work at such time as the Owner becomes aware of any such actual or suspected presence. DIALOG does not prepare Toxic or Hazardous Material Abatement specifications. Both Parties acknowledge that DIALOG’s scope of services does not include any services related to the presence of any Toxic or Hazardous Substances. In the event DIALOG or any other party encounters any Toxic or Hazardous Substances, or should it become known to DIALOG that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of DIALOG’s services, DIALOG may, at its option and without liability for direct, consequential or any other damages, suspend performance of its services under this Agreement until the Owner retains appropriate consultants or contractors to identify and abate or remove the Toxic or Hazardous Substances and warrants that the jobsite is in full compliance with all applicable laws and regulations. The Owner shall have the duty to promptly retain a qualified expert to safely remove, encapsulate or satisfy any and all regulatory agency's requirements for the resolution of such asbestos or other Toxic or Hazardous Substances. To the fullest extent permitted by law, the Owner shall defend, indemnify and hold harmless DIALOG and its consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorney’s fees and defense costs, arising out of, or resulting from, or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any Toxic or Hazardous Substances that exist on, about or adjacent to the Project site, including without limitation the performance of the work in an area affected by asbestos, mold or another Toxic or Hazardous Substances that have not been rendered harmless, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a Party or person.

Termination
Unless otherwise stated in the attached Agreement, the services of DIALOG terminate one year after certification of Substantial Performance of the Work. This Agreement may be cancelled at any time, by either party, upon one week’s written notice. All fees and reimbursable expenses for work completed to the date of termination, as well as termination expenses incurred by DIALOG, shall be paid by the Owner.

If the Owner fails to make payment to DIALOG in accordance with the payment terms herein, this shall constitute a material breach of this Agreement and shall be cause for suspension or termination of this Agreement by DIALOG.

If DIALOG’S services are suspended for more than ninety (90) days, consecutive or in aggregate, DIALOG may terminate this Agreement.

Dispute Resolution
In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Owner and DIALOG agree to use all reasonable efforts to resolve such disputes between themselves.

The Owner and DIALOG further agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The Party seeking to initiate mediation shall do so by submitting a formal, written request to the other Party to this Agreement. The Parties shall share equally in the mediator’s fees and costs and bear their own attorneys’ fees, expert fees, and costs. This section shall survive completion or termination of this Agreement, but under no circumstances shall either Party call for mediation of any claim or dispute arising out of this Agreement after such period of time as would normally bar the initiation of legal proceedings to litigate such claim or dispute under the applicable law. The Parties further agree that either Party may, at their discretion, attend the mediation remotely by videoconference 700
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or other reasonable means, regardless of whether there is a health pandemic, epidemic or a stay-at-home order or recommendation in place.

If the Parties do not resolve a claim, dispute or matter in question through mediation, the method of binding dispute resolution shall be litigation in a court of competent jurisdiction in the county in which the Project is located. Each Party will bear its own attorneys’ fees, expert fees, and costs incurred in any such binding dispute proceeding.

Governing Laws and Assignment
This Agreement shall be governed by the laws of the State of California. Neither the Owner nor DIALOG shall assign their obligations without the written consent of the other. Such consent shall not be unreasonably withheld.

General Provisions
Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Rd, Suite 105, Sacramento, CA 95834.

Advertising. The Owner grants permission to DIALOG to obtain photographs of the completed Project for DIALOG’s marketing needs, and DIALOG may include reference to and photographs from the Project on its website and in its marketing materials and place DIALOG’s signage upon the Project site during construction.

Delay. The Owner agrees that DIALOG is not responsible for any claims, damages, fees or costs arising directly or indirectly from any delays for causes beyond DIALOG’s control. For purposes of this Agreement, such causes include but are not limited to, strikes or other disputes; severe weather disruptions or other natural disasters; fires, riots, wars, armed conflicts, or other emergencies or acts of God; failure of any government agency to act in a timely manner; failure of performances by the Owner or the Owner’s contractors or consultants; discovery of any hazardous substances or differing site conditions; or health pandemics or epidemics such as COVID-19 or later waves or variants of COVID-19. In addition, if the delays resulting from any such causes increase the cost or time required by DIALOG to perform its services in an orderly and efficient manner, DIALOG shall be entitled to an equitable adjustment of schedule and additional compensation.

Certifications. DIALOG shall not be required to issue certificates which extend its liability beyond that undertaken under this Agreement. Legal Certificates requested of DIALOG which are not part of the building permit will become an Additional Service. All such certifications shall be considered as “Declarations,” not Certifications. DIALOG reserves the right to change or negotiate any language that would alter DIALOG’s risks, or cost or availability of professional liability insurance.

Independent Contractor. DIALOG shall have the status of an independent contractor, not that of an agent or employee. DIALOG shall be solely responsible for the compensation, benefits, contributions and taxes, if any, of its employees, and agents.

Headings/Titles. The section headings used in this Agreement are intended principally for convenience and shall not be used in interpreting this Agreement or in determining any of the rights or obligations of the parties to this Agreement.

Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of DIALOG and Owner and their successors and assigns, but neither DIALOG nor Owner may assign its obligations or delegate its duties under this Agreement (including, but not limited to, monies that are due or monies that may be due) without the written consent of the other, which consent shall not be unreasonably withheld.

No Third-Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor or a third party against either the Owner or DIALOG. DIALOG’s services under this Agreement are being performed solely for the Owner’s benefit, and no other party or entity shall have any claim against DIALOG because of this Agreement or the performance or nonperformance of services hereunder. The Owner and DIALOG agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision.

Severability. In the event any of the provisions of these Terms and Conditions should be found to be unenforceable or invalidated, it shall be stricken and the remaining provisions shall be enforceable.

Entire Agreement. The signing of this Agreement by the Owner constitutes acceptance of the terms and conditions of this Agreement. This Agreement constitutes the entire understanding of the Parties, supersede all prior negotiations, representations, or written or oral agreements, there are no representations made other than as set forth herein. This Agreement may be modified or amended only in writing and where such written modifications or amendments are signed by both Owner and DIALOG.

Approval Authority. Neither party will be bound by this Agreement unless signed by an authorized representative of the party.
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DIALOG® HOURLY RATES
Effective January 1, 2025
Partner / Senior Management Team $355.00/hour
Principal Associate $325.00/hour
Associate $295.00/hour
Project Manager Senior $295.00/hour
Project Manager Senior Intermediate $265.00/hour
Project Manager Intermediate $225.00/hour

ARCHITECTURAL
Senior $265.00/hour
Senior Intermediate $225.00/hour
Intermediate $185.00/hour
Junior $160.00/hour

INTERIOR DESIGN
Interior Design Lead $345.00/hour
Senior $210.00/hour
Senior Intermediate $180.00/hour
Intermediate $170.00/hour
Junior $145.00/hour

SUSTAINABLE DESIGN
Senior $265.00/hour
Senior Intermediate $215.00/hour
Intermediate $195.00/hour
Junior $160.00/hour

PLANNING / URBAN DESIGN
Senior Planner / Urban Designer $230.00/hour
Senior Intermediate Planner / Urban Designer $200.00/hour Intermediate Planner / Urban Designer $180.00/hour
Junior Planner / Urban Designer $145.00/hour
TECHNOLOGIST (all categories)
Senior $225.00/hour
Senior Intermediate $195.00/hour
Intermediate $180.00/hour
Junior $145.00/hour

CONTRACT ADMINISTRATION
Senior $255.00/hour
Senior Intermediate $215.00/hour
Intermediate $195.00/hour
Junior $140.00/hour

SPECIFICATIONS
Senior Specification Writer $255.00/hour
Senior Intermediate Specification Writer $195.00/hour
Intermediate Specification Writer $180.00/hour
Junior Specification Writer $145.00/hour

ADMINISTRATION
Senior Administration $175.00/hour
Senior Intermediate Administration $155.00/hour
Intermediate Administration $135.00/hour
Junior Administration $115.00/hour
STUDENT (all categories) $135.00/hour
The Schedule of Hourly Rates will be updated from time to time. Unless otherwise stipulated, year-over-year increases for multi-year agreements will be calculated on a Cost Price Index (CPI) basis. 702
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Landscape Structural Mechanical
Fire Sprinker
Criteria Electrical Telecom/AV TOTAL NOTES
DIALOG

DILLINGHAM &
ASSOCIATES ZFA LITZENBERGER LITZENBERGER WKM Inc. Interface Principal in
Charge
Interior Design
Lead Project Manager Job Captain Base Scope
Fiber Backbone
Interconnect
Hourly Rate $ 355 $ 315 $ 225 $ 185
Task Activities
Design Documentation
June 2025 to August 2026

1.0 PREDESIGN AND INVESTIGATION $ 3,900.00 $ 1,200.00
- Project coordination 4 4

2.0 SCHEMATIC DESIGN $ 10,700.00 $ 2,000.00
- Project coordination 4 4

3.0 DESIGN DEVELOPMENT $ 25,000.00 $ 6,500.00
- Project coordination 6 4
Sub-Total Effort 0 0 14 12
Sub-Total Cost $ - $ - $ 3,150 $ 2,220
Sub-Total Cost By Discipline $ - $ - $ - $ - $ - $ 39,600 $ 9,700

4.0 DESIGN RESTART/VALUE ENGINEERING $ 2,640.00 $ 3,000.00 $ 800.00 $ 500.00 $ 3,000.00 Restart DD document review and project restart 2 2 8 4
Value Engineering
- Kick off meeting 2 2 2 2
- VE design list generation and scope itemization 2 1 6 12 - Cost Estimator coordination 2 0 2 0
VE scope meeting and summary 2 1 4 4
Generate confirmed DD package 1 1 4 16
Update project schedule 0.5 0 2 0
Plannin Review Preparation, Submittal, and Comment coordination (Submittal by the City) 0.5 0 4 16 $ 2,880.00
Coordinate Utility Applications
Application with exception to
the electrical to be done by
the City.
- Electrical Service Upgrade 0 0 2 0 $ 4,500.00
- Sanitary Sewer (N/A, existing assumed to be ok) 0 0 0 0 - Storm Water (N/A, existing assumed to be ok) 0 0 0 0
- Gas (N/A due to electrification goal) 0 0 0 0
- Domestic Water (N/A, existing assume to be ok) 0 0 0 0 - Irrigation (N/A, existing assume to be ok) 0 0 0 0
- Fire Water (Application by the city. Info to be furnished by the Design team) 0 0 2 0
- Data (City to lead based on info furnished by the team) 0 0 1 0 - Telephone (City to lead based on info furnished by the team) 0 0 1 0 Coordinate and integrate wayfinding and art strategies 0.5 2 4 6 Coordinate probable construction cost estimates with an estimator 2 0 2 0 CMO/Council Presentation material - not included 0 0 0 0 Attend CMO/Council meeting in person 0 0 0 0 Excluded per discussion.

Sub-Total Effort 14.5 9 44 60
Sub-Total Cost $ 5,148 $ 2,835 $ 9,900 $ 11,100
Sub-Total Cost By Discipline $ 28,983 $ 5,520 $ 3,000 $ 800 $ 500 $ 7,500 $ - $ - $ 46,303
$ 54,670

PROJECT BUDGET WORKSHEET

CITY OF CUPERTINO CITY HALL ANNEX DESIGN CONTINUATION
Architectural
$ 5,370
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PROJECT BUDGET WORKSHEET

CITY OF CUPERTINO CITY HALL ANNEX DESIGN CONTINUATION
Architectural

5.0 CONSTRUCTION DOCUMENTS $ 13,230 $ 25,000 $ 10,000 $ - $ 11,800 $ 34,000 $ 8,450 Prepare and Submit 95% Design Plans and Specifications
- Code Plans 0 0 0.5 1
- Site Plan including path of travel diagram 0 0 1 2
- Plans 0 0 8 8
- Reflected ceiling plans 0 0 4 4
- Sections 0 0 8 8
- Exterior Elevations 1 0 4 4
- Interior Elevations 1 2 8 8
- Schedules 8 2 16 10
- Prepare 3D Color Rendering of the Building, including significant site elements - 2 views 0 0 0 0
Original proposal included 4
views. Updated to 2 per
discussions.
- Complete details 4 2 16 28
Incorporate agreed Sustainability and Energy Efficiency System Design Implementation. Energy modeling is excluded. 1 4 4 8
FF&E Bid Package and Coordination 0.5 8 2 8
Final Specification 4 0.5 14 0
Coordinate probable construction cost estimates with an estimator 2 0 2 0 QA/QC 16 2 8 0
Consultant coordination 0.5 0 6 4
Prepare and submit 95% CD 0.5 0.5 4 6
Follow up with utility application
- Electrical Service Upgrade 0 0 1 0
Utility application follow up
as additional line item.
- Fire Water 0 0 0 0
- Data (City to lead based on info furnished by the team) 0 0 1 0 - Telephone (City to lead based on info furnished by the team) 0 0 0 0 Solar design criteria $ 4,000
Respond to all comments including constructability review and integrate where appropriate. 1 0 8 16
Prepare and submit 100% CD 1 1 4 8
Final LEED Scorecard (not anticipated) 0 0 0 0 Excluded per discussion.

Update Sustainability Strategy Implementation Plan (Basic Code Commissioning only. No enhanced commissioning anticipated) 0 0 8 8 Commissioning plan by the
commissioning agent.

Attend and participate in the review meetings with City Staff and Stake holders. Document design review and decisions. (3 meetings) 4 2 9 2 Sub-Total Effort 44.5 24 136.5 133
Sub-Total Cost $ 15,798 $ 7,560 $ 30,713 $ 24,605
Sub-Total Cost By Discipline $ 78,675 $ 13,230 $ 25,000 $ 10,000 $ - $ 15,800 $ 34,000 $ 8,450 $ 185,155
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Fire Sprinker
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DIALOG

PROJECT BUDGET WORKSHEET

CITY OF CUPERTINO CITY HALL ANNEX DESIGN CONTINUATION
Architectural

6.0 PERMITTING 2160 $ 8,000 $ 1,200 $ 3,000 $ 1,000
Coordinate Building Permit Submittal by the team 1 0 4 8 Update documents per city comments 2 0 12 24
Sub-Total Effort 3 0 16 32
Sub-Total Cost $ 1,065 $ - $ 3,600 $ 5,920
Sub-Total Cost By Discipline $ 2,160 $ 8,000 $ 1,200 $ - $ - $ 3,000 $ 1,000

7.0 BIDDING $ 1,000 $ 2,500 $ 600
Prepare final approved bid package for the City's use in obtaining bid 1 0 4 8 Prepare FF&E bid package for City's use in obtaining bid 0 2 6 6 Provide prompt clarifications and responses to bidders on construction documents. 2 1 8 6
Prepare addenda and drawing revisions 1 1 4 8
Attend Pre-bid walks (one each for construction and furniture) 3 0 3 0 Review Bids 1 0.5 2 0
Sub-Total Effort 8 4.5 27 28
Sub-Total Cost $ 2,840 $ 1,418 $ 6,075 $ 5,180
Sub-Total Cost By Discipline $ - $ 1,000 $ - $ - $ - $ 2,500 $ 600 Construction Administration
Six months anticipated

8.0 CONSTRUCTION ADMINISTRATION (6 months anticipated) $ 6,280 $ 16,000 $ 2,000 $ - $ 5,000 $ 14,000 $ 5,500 Preparation of Proposal Request and Change Order Documents 2 0 10 14 Evaluation of Change Order Proposals 4 0 10 0
Prepare Clarifications to Construction Documents via RFIs 2 2 8 16 Prepare Architect's Supplemental Instruction (ASI) if necessary 4 1 8 16 Review and approve submittals 2 0.5 16 12
Maintain submittal, RFI, Proposal Request, and Construction Change Logs 0 0 8 8
Attend and particiapte OAC meetings, document observations, and provide meeting notes (Weekly OAC) 10 0 80 12
Attend final walk through inspections and develop/prepare punch lists 2 0 6 2 Participate in back punch walk (1 time) 0 0 4 2
Review of closeout documents such as as-built, O&M Manuals, final reports, commissioning results, & ETC 0 0 4 4
Coordinate with contractor and complete
Sustainability/commissioning certification 0.5 0 4 0
Prepare as-built drawings from contractor's redlines and provide pdf files 0.5 0 4 8
Coordinate with other consultants and contractors 2 0 8 4 Sub-Total Effort 29 3.5 170 98
Sub-Total Cost $ 10,295 $ 1,103 $ 38,250 $ 18,130 $ 6,280 $ 16,000 $ 2,000 $ - $ 5,000 $ 14,000 $ 5,500 Sub-Total Cost By Discipline $ 6,280 $ 16,000 $ 2,000 $ - $ 5,000 $ 14,000 $ 5,500 $ 19,613
$ 116,558
$ 15,513
$ 67,778
$ 10,585
$ 25,945
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Fire Sprinker
Criteria Electrical Telecom/AV TOTAL NOTES
DIALOG

PROJECT BUDGET WORKSHEET

CITY OF CUPERTINO CITY HALL ANNEX DESIGN CONTINUATION
Architectural
Total Cost By Discipline $ 27,190 $ 53,000 $ 14,000 $ 500 $ 28,300 $ 93,100 $ 25,250 $448,243 $ 448,243
$ 448,243
Reimbursement Costs NTE Cost plus 10% $10,000
$ 206,903

TOTAL FEE
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CITY OF CUPERTINO
Agenda Item
25-14076 Agenda Date: 7/1/2025
Agenda #: 10.

Subject: Accept Ad-Hoc Legislative Review Committee (LRC) City Council Subcommittee recommendation regarding Assembly Bill (AB) 306
Accept the Ad-Hoc LRC City Council Subcommittee recommendation to oppose AB 306 and authorize the Mayor to send position letters to the state legislature CITY OF CUPERTINO Page 1 of 1 Printed on 6/25/2025
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CUPERTINO CITY COUNCIL

AD-HOC LEGISLATIVE REVIEW SUBCOMMITTEE
JUNE 10, 2025 ZOOM MEETING REPORT
Members Present: Vice Mayor Moore, Councilmember Wang
Staff Present: Acting City Manager Tina Kapoor, Sr. Management Analyst Astrid Robles Lobbyists Present: Jason Gonsalves, Paul Gonsalves
The Cupertino City Council Ad hoc Legislative Review Subcommittee met on Zoom June 10, 2025, received a legislative update from our Lobbyists regarding the Governor’s Budget, and were provided an update on various bills which we have taken positions on. See update on pages 3-10 of this report.

See Agenda, page 2.

Three new bills were discussed for a potential position, with an Oppose position recommended for AB 306 which imposes a moratorium on the adoption or modification of new state and local building standards affecting residential units from June 1, 2025, until June 1, 2031. The concern is that environmentally beneficial building standards could not be adopted during this moratorium.

A robust discussion of the scope of the LRC included pros and cons of returning to the prior, Brown Acted committee. Ideas for how residents interested in legislation could be provided information to engage with legislators, or alternatively, the LRC could return to the prior format and residents could air concerns on a hybrid meeting were discussed. Sensible guardrails were suggested such as having a limited number of meetings and numbers of bills to take positions on in order to be sensitive to resources needed for the committee.

Report prepared by:

Vice Mayor Moore
June 10, 2025.

Updates on the LRC activity may be found at the Legislative Activity page here:
https://www.cupertino.gov/Your-City/City-Council/Legislative-Activity and provided information on how to visit the prior year’s pages and how to contact your legislators here:
https://www.cupertino.gov/Your-City/City-Council/Legislative-Activity/Contact-your-Legislators 1 708
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Ad-Hoc Legislative Subcommittee
Vice Mayor Moore
Councilmember Wang
June 10, 2025
3:30pm
Agenda

1. Legislative Update by Lobbyist

2. Update on bill positions by Lobbyist
a. SB 753 (Cortese)
b. SB 79 (Wiener)
c. AB 650 (Papan)
d. AB 340 (Ahrens)
e. AB 648 (Zbur)
f. SB 501 (Allen)

3. Other bills of interest
a. AB 306 (Rivas)
b. AB 610 (Alvarez)
c. AB 712 (Wicks)

4. LRC Scope Discussion
2025 Legislative Priorities
The legislative priorities are guided by the Council adopted goals of Public Engagement and Transparency, Transportation, Housing, Sustainability, Fiscal Strategy, and Quality of Life.

The City will support legislation that:

1. Helps Cupertino build a fiscally sustainable and resilient community.

2. Furthers the health and wellbeing of Cupertino community members and enhances public engagement and transparency.

3. Promotes Cupertino’s infrastructure needs, especially as they relate to transportation and housing.
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Priority Bill Summaries
City of Cupertino
Ad-Hoc LRC Subcommittee
June 10, 2025
SB 753 (Cortese) - Special business regulations: shopping carts. • This bill proposes to expand the authority for cities and counties to recover costs for retrieving shopping carts and returning them to their owners. • Passed the Senate Local Government Committee on May 7, 2025, with a vote of 6-1. • The bill passed the Senate Floor on May 27, 2025, with a vote of 39-0. • The bill is now in the Assembly and has been referred to the Assembly Local Government Committee.
• The bill is supported by:
o League of CA Cities
o City of Concord
o City of San Jose
o City of Norwalk
SB 79 (Wiener) – Housing development: transit-oriented development: California Environmental Quality Act: public transit agency land.
• This bill authorizes a residential development within a ¼ or ½ mile distance of transit stops in a residential, mixed-use, or commercial zone to be developed with maximum height, minimum density and residential floor area ratio and additional development benefits. Additionally, the bill would allow a transit agency to adopt objective standards for both residential and commercial developments proposed to be constructed on land owned by the transit agency or on which the transit agency has a permanent easement, if the objective standards allow for the same or greater development intensity that is allowed by local standards or applicable state law.

Lastly, the bill would provide that CEQA does not apply to a public or private residential, commercial, or mixed-use project that is located entirely on land owned by a public transit agency.
• Senate Floor Amendments as of 5/29/25 provide that for a residential project between ¼ mile and ½ mile of a Tier 3 transit-oriented development stop within an 3 710
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urban county may be built up to 45 feet high or up to the local height limit. A development not within an urban county may be built up to the local height limit. • This bill passed the Senate Housing Committee on April 22, 2025, with a vote of 6-2. • This bill passed out of the Senate Local Government Committee on April 30, 2025, with a vote of 4-3.
• The bill passed off the Senate Appropriations Committee suspense file on May 23, 2025.
• The bill passed the Senate Floor on June 3, 2025, on a vote of 21-13. • The bill is supported by:
o City of West Hollywood
o Alexander Pedersen - Vice Mayor, Capitola
o Brian Barnacle - Councilmember, Petaluma
o Emily Ramos - Vice Mayor, Mountain View
o James Coleman - Councilmember, South San Francisco
o Laura Nakamura - Vice Mayor, Concord
o Lucas Ramirez - Councilmember, Mountain View
o Mark Dinan - Vice Mayor, East Palo Alto
o Matthew Solomon - Councilmember, Emeryville
o Phoebe Shin Venkat - Councilmember, Foster City
o Rashi Kesarwani - Councilmember, Berkeley
o Sergio Lopez - Mayor, Campbell
o Zach Hilton - City of Gilroy Council Member
o Caroline Torosis - Mayor Pro Tempore City of Santa Monica o Jesse Zwick - City of Santa Monica Council Member
o Jed Leano - Claremont City Councilmember
o Rebecca Saltzman - El Cerrito Councilmember
• The bill is opposed by:
o City of Agoura Hills
o City of Anderson
o City of Artesia
o City of Azusa
o City of Bell
o City of Bellflower
o City of Belvedere
o City of Brentwood
o City of Calimesa
o City of Camarillo
o City of Carlsbad
o City of Chino
o City of Chino Hills
o City of Cloverdale
o City of Clovis
o City of Colton
o City of Commerce
o City of Concord
o City of Cotati
o City of Cudahy
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o City of Cupertino
o City of Downey
o City of Encinitas
o City of Exeter
o City of Fairfield
o City of Folsom
o City of Fullerton
o City of Garden Grove
o City of Glendora
o City of Grand Terrace
o City of Hermosa Beach
o City of Hesperia
o City of Highland
o City of Huntington Beach
o City of La Mirada
o City of La Quinta
o City of La Verne
o City of Lakeport
o City of Lakewood
o City of Lafayette
o City of Larkspur
o City of Lathrop
o City of Lawndale
o City of Lomita
o City of Los Alamitos
o City of Los Banos
o City of Manhattan Beach
o City of Manteca
o City of Marina
o City of Merced
o City of Milpitas
o City of Modesto
o City of Moorpark
o City of Moreno Valley
o City of Murrieta
o City of Napa
o City of Newport Beach
o City of Norwalk
o City of Oakley
o City of Oceanside
o City of Ontario
o City of Orange
o City of Orinda
o City of Palm Desert
o City of Palmdale
o City of Palos Verdes Estates
o City of Paramount
o City of Pasadena
o City of Perris
o City of Pico Rivera
o City of Pleasanton
o City of Rancho Cordova
o City of Rancho Cucamonga
o City of Rancho Mirage
o City of Rancho Palos
Verdes
o City of Redding
o City of Redlands
o City of Ripon
o City of Riverbank
o City of Rolling Hills Estates
o City of Rosemead
o City of San Fernando
o City of San Juan Capistrano
o City of San Luis Obispo
o City of San Marcos
o City of San Rafael
o City of Sausalito
o City of Scotts Valley
o City of Solana Beach
o City of South Gate
o City of Stanton
o City of Thousand Oaks
o City of Torrance
o City of Tustin
o City of Upland
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o City of Vernon
o City of Vista
o City of Walnut Creek
o City of Whittier
o City of Yucaipa
AB 650 (Papan) Planning and zoning: housing element: regional housing needs allocation.
• This bill proposes to extend several timelines in the process of determining regional housing needs and regional housing needs allocations (RHNA) and housing element revisions and requires the Department of Housing and Community Development (HCD) to provide specific analysis or text to local governments to remedy deficiencies in their draft housing element revisions.
• This bill was heard in the Assembly Housing & Community Development Committee on April 24, 2025, and passed on an 11-0 vote.
• The bill was heard next in the Assembly Local Government Committee on April 30, 2025, and passed on a 9-0 vote.
• The bill passed the Assembly Appropriations Committee suspense file on May 23, 2025.
• The bill passed the Assembly Floor on June 2, 2025, on a vote of 79-0. • The bill is now in the Senate pending referral to Committee. • The bill is sponsored by the League of CA Cities and supported by the following neighboring cities:
o City of Belmont
o City of Concord
o City of Cupertino
o City of Martinez
o City of Oakley
o City of Rohnert Park
o City of Salinas
o City of San Mateo
o City of Walnut Creek
AB 340 (Ahrens) Employer-employee relations: confidential communications. • This bill proposes to prohibit an employer from questioning an employee or employee representative regarding communications between the employee and the employee representative.
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• This bill was heard in the Assembly Public Employment & Retirement Committee on March 19, 2025, and passed on a 6-0 vote.
• This bill was heard next in the Assembly Appropriations Committee on April 23, 2025, and was sent to the suspense file due to costs.
• The bill passed the Assembly Appropriations Suspense file on May 23, 2025. • The bill passed the Assembly Floor on June 3, 2025, on a vote of 65-1. • The bill is now in the Senate, pending referral to the Committee. • This bill is opposed by the League of CA Cities and the City of Cupertino AB 648 (Zbur) Community colleges: housing: local zoning regulations: exemption. • This bill proposes to exempt the construction of faculty and staff housing projects, student housing projects, and university housing development projects from local zoning regulations of any city, county, or city and county when constructed on property owned or leased by a Community College District (CCD). • The bill was heard in the Assembly Higher Education Committee on March 16, 2025, and passed on a 7-3 vote.
• The bill was heard next in the Assembly Local government Committee on April 30, 2025 and passed on a 9-0 vote.
• The bill was heard on the Assembly Floor on May 27, 2025, and passed on a 63-5 vote.
• The bill will be heard next in the Senate Education Committee on June 18, 2025. • The bill is supported by the City of Santa Monica.
• The bill is opposed by the League of CA Cities and the City of Cupertino SB 501 (Allen) Household Hazardous Waste Producer Responsibility Act • This bill proposes to establish an extended producer responsibility (EPR) or stewardship program for the collection, transportation, recycling, and the safe and proper management of products containing household hazardous waste (HHW) in California.
• This bill is substantially similar to SB 1143 (Allen, Ch. 989, Stats. 2024). SB 1143 was eventually amended to delete the contents of the bill and instead address a completely different topic.
• This bill was heard in the Senate Environmental Quality Committee on April 1, 2025, and passed on a 6-0 vote.
• The bill was heard next in the Senate Judiciary Committee on April 22, 2025, and passed on an 11-0 vote.
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• The bill was heard next in the Senate Appropriations Committee on May 5, 2025, and was placed on the suspense file due to costs.
• The bill was held on the Senate Suspense file and is now dead. • The bill is supported by:
o City of Cupertino
o City of San Jose
o City of Santa Maria
o City of Roseville
o League of CA Cities
Other Bills of Interest:

AB 306 (Schultz/Rivas) - Building regulations: state building standards. • Imposes a moratorium on the adoption or modification of new state and local building standards affecting residential units from June 1, 2025, until June 1, 2031. • This bill was heard in the Assembly Housing & Community Development Committee on March 12, 2025, and passed on a vote of 12-0.
• The bill was heard next in the Assembly Appropriations Committee and passed on a vote of 14-0.
• The bill was heard on the Assembly Floor on April 1, 2025, and passed with a vote of 71-0.
• This bill is opposed by various environmental groups, but not by any local agencies.

AB 610 (Alvarez) Housing element: governmental constraints: disclosure statement. • This bill proposes to make changes to the contents of the governmental constraints analysis that must be included in a local government’s housing element and prohibits local governments from adopting or increasing the stringency of certain “covered governmental constraints” within three years from the date the housing element is considered in substantial compliance.
• This bill was heard in the Assembly Housing and Community Development Committee on April 22, 2025, and passed on an 11-0 vote. • This bill was heard next in the Assembly Local government Committee and passed on a 10-0 vote.
• The bill passed the Assembly Appropriations Committee suspense file on May 23, 2025.
• The bill passed the Assembly Floor on June 5, 2025, with a vote of 72-1. • The bill is opposed by the League of CA Cities and the Cities of Carlsbad and Murrieta.
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AB 712 (Wicks) Housing reform laws: enforcement actions: fines and penalties. • This bill proposes to enhance the enforcement of housing reform laws and the penalties that may be imposed on a local agency determined to have violated those laws.
• This bill was heard in the Assembly Housing and Community Development Committee on April 9, 2025, and passed on an 11-0 vote. • This bill was heard next in the Assembly Judiciary Committee and passed on a 9-0 vote.
• This bill was heard next in the Assembly Appropriations Committee and passed on a 12-0 vote.
• The bill passed off the Assembly Floor on May 12, 2025, with a vote of 64-2. • The bill is now in the Senate Housing Committee awaiting a hearing date. • This bill is opposed by the League of CA Cities and the City of Murrieta.

SB 457 (Becker) Housing element compliance: Housing Accountability Act: housing disapprovals.
• This bill revises Housing Element Law to specify that a local agency’s housing element is in compliance on the date it is adopted if the element is subsequently certified by the Department of Housing and Community Development (HCD) or a court of competent jurisdiction and changes the vesting period for builder’s remedy projects.
• The bill failed passage in the Senate Housing Committee on April 29th with a vote of 1-2. The Committee granted reconsideration.
• The bill failed to pass out of the Senate Housing Committee by Friday, May 8th and is now a two-year bill.
• The bill has been sent to the Senate Housing and Local Government Committees and is awaiting a hearing date.
• No local governments have taken a position on the bill.

SB 677 (Wiener) Housing development: streamlined approvals. • This bill makes a series of substantive and technical changes to SB 9 (Atkins, Chapter 162, Statutes of 2021) and SB 35 (Wiener, Chapter 366, Statues of 2017) which streamlined ministerial approval for specific types of housing developments and parcel subdivisions.
• This bill was heard in the Senate Housing Committee on April 22, 2025, and failed passage on a 4-3 vote (6 aye votes needed to pass). The bill was granted reconsideration, however, the bill must be heard in the Senate Appropriations 9 716
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Committee and the deadline to pass policy committee to the Appropriations Committee was last Friday, May 2, 2025.
• This bill is now a 2-year bill.
• This bill is supported by:
o City of Berkeley Councilmember Rashi Kesarwani
o Emily Ramos - Vice Mayor, Mountain View
o Lucas Ramirez - Councilmember, Mountain View
o Mark Dinan - Councilmember, East Palo Alto
o Phoebe Shin Venkat - Councilmember, Foster City
o Sergio Lopez - Mayor, Campbell
• The bill is opposed by:
o League of CA Cities
o City of San Rafael
o Marin County Council of Mayors & Council Members
SB 789 (Menjivar) Taxation: information returns: vacant commercial real property. • The original version of this bill proposed a vacancy tax of $5 per square foot on all vacant commercial property. The bill was recently amended to remove these provisions and replace them with a requirement for every person who owns commercial property to register with the CA Department of Tax and Fee Administration and to provide an informational return annually on the vacancy rate of their property.
• This bill was heard in the Senate Revenue and Taxation Committee on April 23, 2025, and passed on a 3-1 vote.
• The bill was held on the Senate Appropriations Committee Suspense file and is now dead.
• No local governments have taken a position on the bill. 10 717
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July 1, 2025
The Honorable Nick Schultz
Member, California State Assembly
1021 O Street, Room # 5150
Sacramento, CA 95814
RE: AB 306 (Schultz) Building regulations: state building standards.

Notice of OPPOSITION (As Amended June 10, 2025)
Dear Assemblymember Schultz:

On behalf of the City of Cupertino, I am writing to express our opposition to your Assembly Bill (AB) 306. This bill would place a moratorium from June 1, 2025, to June 1, 2031, on local government’s ability to amend or adopt local building standards for residential development unless deemed necessary as an emergency by the California Building Standards Commission.

Local jurisdictions have long held the authority to tailor building codes to suit their communities’ unique geographic, climatic, and topographic conditions. These local modifications, made through a transparent public process and grounded in documented findings, allow cities to safeguard public health and safety in a way that reflects on-the-ground realities. AB 306 directly limits that ability, even when the need for local customization is wellsupported and reasonable.

While the City of Cupertino shares the broader goal of increasing housing supply and affordability, AB 306 goes too far in restricting local authority under the guise of promoting uniformity. The bill assumes that all building environments are the same statewide and creates a one-size-fits-all mandate that ignores variations. Our city, like many others in California, may need to adopt or revise building standards to improve seismic safety, reduce wildfire risks, ensure energy efficiency, or protect water quality—actions that can be critical to protecting both residents and housing stock.
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This measure also contradicts longstanding policy that recognizes the need for local input in the building code adoption process. Limiting local discretion for a period of six years risks unintended consequences for the environment and public safety and fails to respect the collaborative nature of California’s existing building standards framework.

Rather than restricting local flexibility, what is needed is continued partnership between state and local agencies to support responsible and sustainable housing production—without compromising local safety standards or responsiveness.

For these reasons, the City of Cupertino opposes AB 306.

Sincerely,
Liang Chao
Mayor
City of Cupertino
cc. The Honorable Josh Becker
The Honorable Patrick Ahrens
Senate Housing Committee
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CITY OF CUPERTINO
Agenda Item
25-14077 Agenda Date: 7/1/2025
Agenda #: 11.

Subject: Approve a budget adjustment for a new special project, in I&T Applications Division for Digital Accessibility services to evaluate Cupertino’s website, including a full Accessibility Audit with a comprehensive report, support for WCAG 2.1 AA compliance remediation, PDF accessibility remediation, and staff training.

Adopt Resolution No. 25-052 approving Budget Modification No. 2526-397, increasing appropriations by $50,687 in 100-32-308 750-282
CITY OF CUPERTINO Page 1 of 1 Printed on 6/25/2025
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CITY COUNCIL STAFF REPORT
Meeting: July 1, 2025

Subject
Approve a budget adjustment for a new special project, in I&T Applications Division for Digital Accessibility services to evaluate Cupertino’s website, including a full Accessibility Audit with a comprehensive report, support for WCAG 2.1 AA compliance remediation, PDF accessibility remediation, and staff training.

Recommended Action:

Adopt Resolution No. 25-XXX approving Budget Modification No. 2526-397, increasing appropriations by $50,687 in 100-32-308 750-282 Background
Per the City Council Special Project Policy, any reallocation of funds that are staff imitated one-time must come to City Council on consent for approval. There are sufficient savings, $50,687 in the I&T Applications budget in FY 2024-25. The department is requesting to reallocate those savings in the new fiscal year 2025-

26. New costs in FY25-26 will be offset by savings in FY 24-25. Public agencies are legally required to ensure that their digital content and services are accessible to all individuals, including those with visual, auditory, cognitive, and mobility impairments. These requirements stem from federal mandates such as the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and various state-level laws. The recognized global benchmark for digital accessibility is the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.

On April 24, 2024, the U.S. Department of Justice (DOJ) issued a final rule clarifying and strengthening digital accessibility obligations under the ADA for state and local governments. This rule establishes April 24, 2026, as the compliance deadline for jurisdictions with populations of 50,000 or more, which includes Cupertino.
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2 Cupertino launched a newly redesigned website at the beginning of 2025, following a year-long development process. At launch, Siteimprove—a longstanding web governance tool used by the City—reported an accessibility score of 85%, giving the initial impression that Cupertino was well-positioned to meet the new federal standards.

However, it soon became clear that the tool’s automated scoring addressed only a portion of the full WCAG 2.1 AA criteria, leaving many critical compliance areas untested.

While Siteimprove offers valuable functionality, it does not support full accessibility compliance. The platform’s automated checks do not capture many complex accessibility barriers, particularly those that require human judgments such as keyboard navigation, logical reading order, or screen reader experience.

Additionally, PDF documents across Cupertino’s website also require remediation to meet accessibility standards.

Discussion
Given the DOJ’s broad and enforceable compliance requirements, an automatedonly approach is no longer sufficient. To ensure the City meets the April 2026 deadline and provides equitable digital access to all users, Cupertino must move forward with a comprehensive accessibility audit and remediation effort as soon as possible. This will include manual site evaluations, PDF remediation, staff training, and structured implementation support aligned with legal standards and industry best practices.

To meet the federal deadline, staff need to begin this work now. Staff recommends allocating $50,687 in existing savings from the I&T Applications contract services budget in the current fiscal year to engage a qualified accessibility consultant for:
• A comprehensive manual accessibility audit
• Remediation of the City’s top 100 most-viewed PDFs
• Staff training on creating accessible digital content • Targeted support hours for issue resolution

Alternative Considered

1. Deferred compliance efforts – will lead to lack of equitable access to digital content and increased legal liability.

2. Partial compliance – reduces some risk but still leaves essential services inaccessible.
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3 3. In-house only remediation – lacks the scale, tools, and expertise required to meet WCAG 2.1 AA within a reasonable timeframe. `

Next Steps
As of June 2025, I&T estimates ending FY 2024-25 with sufficient savings of $50,687 in contract services GL account no. 100-32-308 700-702. I&T experienced savings in the Applications Division budget because the Avocette contract was executed below the amount originally allocated. This reduction reflected a scaled-back scope in response to the broader budget constraints facing the City.

While we had the option to pursue a contract amendment with Council approval during the current fiscal year, we chose to defer any modifications until FY26 to ensure full base budget appropriations are in place and aligned with the updated contract scope.

Given the substantial scope of work ahead and the quickly approaching federal compliance deadline, staff recommends that Council authorize I&T to proceed with this special project without delay.

If approved, staff will initiate a contract and begin implementation. Progress will be reported on a regular basis to ensure transparency and accountability.

If not approved, the City risks falling out of compliance with newly clarified federal ADA requirements, resulting in increased legal exposure, reputational harm, and continued digital inaccessibility for users with disabilities. Delaying this work may also make it infeasible to meet the April 2026 deadline, requiring more extensive and costly remediation efforts in the future. As a public agency, it is critical that Cupertino demonstrate a commitment to equitable access and inclusion. An ADA-compliant website is not only a legal obligation—it is a fundamental part of ensuring that all residents, regardless of ability, can fully access City services, participate in civic life, and receive essential information without barriers.

Fiscal Impacts
Approving this item will result in additional costs to the general fund of $50,687, all of which will be offset by budget savings in FY 2024-25.

Sustainability Impact
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4 generated during the production and disposal of paper. The implementation of paperless services reduces trips to City Hall and other City facilities by residents, contractors, and other external customers. These actions are prioritized in Cupertino’s Climate Action Plan (M-SW-1).

City Work Program Item/Description
None

City Council Goal
Public Engagement and Transparency

California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________

Prepared by:   Nidhi Mathur, CGCIO, Applications Manager Reviewed by: Teri Gerhardt, CGCIO, Chief Technology Officer Floy Andrews, Interim City Attorney
Approved by: Tina Kapoor, Interim City Manager

Attachments:

A – Resolution 2025-xxx
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Appropriation Amendment
by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund (100) 50,687 - 50,687
Total Appropriation Amendment
All Funds
$50,687 $- $50,687
Exhibit A
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CITY OF CUPERTINO
Agenda Item
25-14063 Agenda Date: 7/1/2025
Agenda #: 12.

Subject: Public hearing to 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).) The Planning Commission considered this item at its regular meeting on June 10, 2025, and with a 5-0 vote 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. Adopt Resolution No. 25-053 approving Development Permit (DP-2024-002) (Attachment A); b. Adopt Resolution No. 25-054 approving Use Permit (U-2024-007) (Attachment B); c. Adopt Resolution No. 25-055 approving Architectural & Site Approval Permit (ASA-2024-005) (Attachment C);
d. Adopt Resolution No. 25-056 approving Tentative Final Map (TM-2024-001) (Attachment D); and
e. Adopt Resolution No. 25-057 approving Tree Removal Permit (TR-2024-024) (Attachment E).

Environmental Recommendation: Subject to Government Code section 65759(a) and exempt from CEQA under Section 15332.

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CITY COUNCIL STAFF REPORT
Meeting: July 1, 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, ASA2024-005, 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
Adopt Resolution Nos 25-XXX through 25-XXX to:

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 A);
b. Use Permit (U-2024-007) (Attachment B);
c. Architectural & Site Approval Permit (ASA-2024-005) (Attachment C); d. Tentative Final Map (TM-2024-001) (Attachment D); and e. Tree Removal Permit (TR-2024-024) (Attachment E).

Executive Summary
This report outlines a project proposed by SummerHill Homes, LLC, for the development of 59-unit townhome condominiums located at the former Fontana’s, Pizza Hut, and current Staples commercial site. The report covers the applicable State laws, including the Housing Accountability Act, Housing Crisis Act, No Net Loss law, and Density Bonus law, and local standards applicable to the project. Finally, the report summarizes the findings necessary for the Council to take action on the project.

Reasons for Recommendation
Staff and the Planning Commission recommend 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. 729
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Discussion
Project Data

1 The applicable General Plan can be found online at
https://records.cupertino.org/WebLink/DocView.aspx?id=1019620&dbid=0&repo=CityofCupertin o&_gl=1*gufghv*_ga*OTc5OTgwMjc4LjE3NDQ3Mzc0NDM.*_ga_NCY1KGMD5Y*czE3NDkwM DIwNzAkbzY2JGcxJHQxNzQ5MDAyMDgwJGo1MCRsMCRoMA..

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 of cornice,
parapet, or eave line of a
peaked roof.
45’8” and 45’-10” (for two
buildings)
(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 Plan1 Consistent under SB330 and state density bonus law. Density bonus concession for mixed-use requirement requested
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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

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/communitydevelopment/planning/land-use-plans/heart-of-the-city-specific.pdf 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.

Specific Plan2 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 submitting an SB330 preliminary application apply to the project. While the site is a Housing Element site (Priority Housing 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 townhome development is 1 space per unit, but the applicable standard in this case is 2 spaces per unit.

Figure 1: Site Location
S De Anza Blvd
S Stelling Road
Stevens Creek Blvd
Union The Crossroads
Church
Scofield Drive
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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. In compliance with these regulations, the 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 – changes cannot be required by the decision-making or hearing body that are not based on objective standards or that may 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 a “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 be subject to ordinances, policies, and standards that are in effect at the time of submitting 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.

4 Housing Element available online at: www.cupertino.gov/gp. See Table B4-9 in Appendix B. 5 Unless otherwise waived or reduced through use of the Density Bonus law, discussed further below.
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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 F. As noted previously, while the project site is partially located on a Priority Housing Site; 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.

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 designed7;
 Concessions that modify development standards in order to achieve an identifiable and actual cost reduction8; and
 Reduced parking standards9.

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 10 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-income

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. 733
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households. The project also
includes the removal and
replacement of 45 protected
development trees (see Figure 2
for Site Plan10). 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 General Plan designation allows a maximum density of 25 dwelling units per acre, which would

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 can 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 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.

Figure 2: Site Plan
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allow 72.5 units for the 2.90-acre site. The project includes 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 sites12. 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 requests are 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 F.
 Policy LU-2.2: Pedestrian-Oriented Public Spaces. Require developments to incorporate pedestrian-scaled elements along the street and within the development such as parks, plazas, active uses along the street, active uses, entries, outdoor dining & public art.
 Policy LU-3.3: Building Design. Ensure that building layouts and design are compatible with the surrounding environment and enhance the streetscape and pedestrian activity.
 Strategy LU-3.3.10: Entrances. In multi-family projects where residential uses may front on streets, require pedestrian-scaled elements such as entries, stoops and porches along the street.
 Policy LU-27.2: Relationship to the Street. Ensure that new development in and adjacent to neighborhoods improve the walkability of neighborhoods by providing inviting entries, stoops and porches along the street frontage, compatible building design and reducing visual impacts of garages.  Policy INF 2.4.2 Development. Require undergrounding of all utility lines in new developments and highly encourage undergrounding in remodels or redevelopment of major projects.

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. 735
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 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 F).

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. Additional street trees will be added in compliance with the requirements of the HOC Specific Plan. 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 noncompliant street trees that will be removed and replaced with a species consistent with the requirements of the Heart of the City Specific Plan.

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) 736
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The applicant proposes to replace the 45 trees with 71 trees, varying in size and species between 24-inch box and 36-inch box trees . 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 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.

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. 737
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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 moderateincome 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 six BMR units to be designated for-sale to median income households and remain affordable for 99 years, and six BMR units to be designated forsale to moderate income households and remain affordable for 99 years.

Density Bonus and Waiver Requests
The project is eligible for Density Bonus waivers and concessions consistent with the City of Cupertino Municipal Code Chapter (CMC) 19.56 Density Bonus and State Density Bonus Law. The project includes requests for two concessions and 12 waivers.

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 findings16, 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.

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.
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. 738
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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 seeks 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 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.
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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’
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 740
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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 for a reduction in the minimum dimensions required from six feet (6’) to four-feet, sixinches (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 a 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. 741
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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 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 fivefoot-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 households17, 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 accommodate the 100% residential development, as proposed, the applicant is requesting that this standard be waived

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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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 the 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
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 743
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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 Discussion (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 expected 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 the 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 concurrently 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.

The table on the next page 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.
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Income Category
Lower Income
(30-80% AMI)*
Moderate
(80-120% AMI)
Above Moderate
(>120% AMI)
6 th 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 6
th Cycle RHNA 1,880 743 1,906
Remaining Capacity 1,978 823 2,935
Remaining Surplus – all Sites 98 80 1,029
* Includes Very Low- and Low-Income
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
California Environmental Quality Act
A Categorical Exemption memorandum and a Notice of Exemption (Attachment G) have been prepared to demonstrate compliance with the California Environmental Quality Act (CEQA) and CEQA Guidelines as it pertains to the redevelopment of the site. The project scope falls within a 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.

As discussed in the Categorical Exemption memorandum, the applicant provided a Phase I Environmental Site Assessment (ESA), a limited Phase II ESA, and an additional Phase II ESA, which were subject to peer review through the City’s third-party consultant on behalf of the City. 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 chlordane, an insecticide used between 1947 through 1978. To address this, the project is conditioned to provide a Soil Management Plan (SMP), which will be subject to review and approval by the City’s third-party consultant prior to any soil disturbance. The SMP will identify the clean-up method, oversight and other technical aspects of the clean-up. In addition, the project will be conditioned to comply with the Environmental Standards pursuant to Chapter 17.04 of the Municipal Code.

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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Planning Commission Review
On June 10, 2025, the Planning Commission conducted a public hearing for their recommendation to the Council regarding the proposed project. By a 5-0 vote, the Commission adopted Planning Commission Resolution Nos. 2025-09 through 2025-1319 recommending that the City Council find all actions exempt from CEQA and approve the proposed Development Permit, Use Permit, Architectural and Site Approval, Tentative Final Map, and Tree Removal Permit. The Conditions of Approval in the Planning Commission resolutions are the same as the ones presented with the City Council resolutions. No changes have been made.

The Commission received comments from the public regarding potential traffic concerns, tree removals, loss of retail, the lack of Very Low-Income housing, the use of stamped concrete at the driveway, rear building setbacks, and public outreach. Two neighbors with residences adjacent to the rear of the project site commented on the waiver requested for the reduction in rear setbacks for Buildings 7 and 8. The applicant indicated that, as a result of early feedback from staff about the rear setback and privacy concerns, the project had been redesigned to increase the setbacks for the two buildings at the rear and noted that the first iteration of the design had one building oriented to face the rear property line with a 15 foot rear setback. The redesign allowed the setback at the rear to be increased by an additional 20 feet, however, doing so prompted the developer to request a waiver to the front setback.

The Commissioners sought further clarification regarding the site’s designation as a Housing Element Priority Housing Site and the requirements of State housing laws and asked for additional details regarding the project’s design. Discussion and deliberation concluded with Commissioners noting that they supported the design which took into consideration the neighboring residential areas and with some Commissioners noting that the density at this location was not in alignment with the approved Housing Element rezoning and others noting that the lower density made the project supportable.

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

19 Resolution Nos. 2025-09 through 2025-13 can be found at these links:
2025-09:
https://records.cupertino.org/WebLink/DocView.aspx?id=1178405&dbid=0&repo=CityofCupertino 2025-10:
https://records.cupertino.org/WebLink/DocView.aspx?id=1178405&dbid=0&repo=CityofCupertino 2025-11:
https://records.cupertino.org/WebLink/DocView.aspx?id=1178405&dbid=0&repo=CityofCupertino 2025-12:
https://records.cupertino.org/WebLink/DocView.aspx?id=1178405&dbid=0&repo=CityofCupertino 2025-13:
https://records.cupertino.org/WebLink/DocView.aspx?id=1178405&dbid=0&repo=CityofCupertino 746
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decisions and facilitating an orderly analysis of the review of a project. Listed below are the findings for the 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 singlefamily 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 the issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to public health, safety, general welfare, or convenience.

2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA).

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 747
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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:
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. 748
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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.

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 California Register of Historic Resources.
b. That the incentive or concession, or waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the residential project unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or Both the Fire and Building departments have preliminary reviewed the plans and not found conditions proposed which would create a “specific, adverse impact.” In addition, the project is conditioned to ensure compliance with both Fire and Building Code, prior to issuance of building permits. The project is also conditioned to comply with the Environmental Protection Standards of the Cupertino Municipal Code Chapter 17.04. Further, under the CEQA Guidelines section 15332 (Infill Development Projects), the project has been found to be 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. 749
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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.

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 singlefamily residences on the southern property line, as well as providing landscaping along the building frontages to help mitigate potential massing impacts and to be 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 the issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to public health, safety, general welfare, or convenience.

2. The proposed development 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. 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 750
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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.

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 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.
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C. Tentative Map (CMC 18.16.060)

1. That the proposed subdivision map is consistent with the City of Cupertino General Plan.

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 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.

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. 752
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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 locating 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.

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:
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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 moderateincome 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.

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 by conducting a community meeting in June 2024.
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DP-2024-002, U-2024-007,
ASA-2024-005, TM-2024-001, 20770, 20830, and 20840 July 1, 2025 TR-2024-024 Stevens Creek Blvd Page 27
Public Comment
At the time of this staff report being published, staff had received one public comment from an adjacent neighbor with concerns related to public outreach (Attachment H). Prior to the June 10, 2025 Planning Commission meeting, staff received comments from project supporters as well as members of the public with concerns related to potential impacts on traffic and adjacent neighborhoods and development. These comments were included in the Planning Commission’s written communication and have been included as Attachment I.

Sustainability Impact
The project was reviewed by the Sustainability Division and the applicant completed the required Climate Action Plan Consistency Checklist. The project has been found to be exempt from CEQA through Categorical Exemption Class 32 and therefore it is expected that there will be no sustainability impact.

Fiscal Impact
A Fiscal Impact Analysis was provided by the applicant and peer reviewed by the City’s third-party consultant. The peer review of the Fiscal Impact Analysis (Attachment K) concluded that the overall fiscal benefit is likely to be slightly negative to neutral, dependent upon the future potential for operation of the currently vacant retail uses.

Assuming the retail remains vacant, the net impact on the General Fund would be negative $2,800 and assuming the retail is all operational, the net impact on the General Fund would be negative $10,200.

City Work Program (CWP) Item/Description
None.

City Council Goal
Housing.
_____________________________________
Prepared by: Emi Sugiyama, Senior Planner
Reviewed by: Luke Connolly, Acting Director of Community Development Floy Andrews, City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager Attachments:

A. Draft Resolution for DP-2024-002
B. Draft Resolution for U-2024-007
C. Draft Resolution for ASA-2024-005
D. Draft Resolution for TM-2024-001
E. Draft Resolution for TR-2024-024
F. Applicable Standards Matrix
G. Categorical Exemption Memorandum
H. Public Comment
I. Planning Commission Written Communications
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DP-2024-002, U-2024-007,
ASA-2024-005, TM-2024-001, 20770, 20830, and 20840 July 1, 2025 TR-2024-024 Stevens Creek Blvd Page 28
J. Project Site Plan
K. Peer Review of Fiscal Impact Analysis
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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 5-0 vote that the City Council approve the Development Permit (DP-2024-002) in substantially similar form to the Resolution presented (Resolution No. 2025-09), approve the Architectural and Use Permit (U-2024-007) in substantially similar form to the Resolution presented (Resolution No. 2025-10), approve the Architectural and Site Approval Permit (ASA2024-005) in substantially similar form to the Resolution presented (Resolution No. 2025- 11), approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the Resolution presented (Resolution No. 2025-12), and approve the Tree Removal Permit (TR-2024-024) in substantially similar form to the Resolution presented (Resolution No. 2025-13); 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:

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.

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 758
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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. 759
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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 listed in the California Register of Historic Resources is within the project vicinity.
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
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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.

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 moderateincome 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.

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 1, 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.

5. CONSULTATION WITH OTHER DEPARTMENTS
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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 and Heart of the City requirements for mixed-use development on the property;
b. Waiver to increase the maximum height of buildings;
c. Waivers for reduced front, rear, and side setbacks;
d. Waiver to eliminate 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.

9. BICYCLE PARKING
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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.

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 764
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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
 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.
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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.

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:
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 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.

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.
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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:
i. No more than 7 days prior to the start of demolition, construction, grounddisturbing, 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 768
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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, grounddisturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active.
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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, grounddisturbing, 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.
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.
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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 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.
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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 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 772
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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 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 ___ feet of any residential property.
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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.
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. 774
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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 areas on the property in compliance with the approved project conditions of approval, including hardscaping, parking, landscaping and accessory facilities and amenities, such as trash bins/areas, common amenity areas, tree grates, outside trash bins, fences, etc. o Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement as necessary to ensure that the property is maintained.
o Permits, including tree removal permits, required for maintenance and repair of facilities in the common areas.
 Any changes to the exterior of the development must be reviewed by the Property Owner’s Association and changes must be considered in the context of the development as a whole, and not on a unit-by-unit basis.  CC&R’s shall ensure that private open space is kept tidy and free of clutter and visual blight.
 Any changes to the CC&R’s must be reviewed and approved by the City.  Disbanding of the Association shall require an amendment to this permit to be reviewed and approved by the original approval authority.

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 775
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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 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 776
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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 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.
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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 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.
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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.

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.
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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 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
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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 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 781
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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.

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
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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 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 783
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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.

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
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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.

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). 785
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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.

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 1st day of July, 2025, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________ ________________________
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Liang-Fang Chao, Mayor
City of Cupertino
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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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 5-0 vote that the City Council approve the Development Permit (DP-2024-002) in substantially similar form to the Resolution presented (Resolution No. 2025-09), approve the Architectural and Use Permit (U-2024-007) in substantially similar form to the Resolution presented (Resolution No. 2025-10), approve the Architectural and Site Approval Permit (ASA2024-005) in substantially similar form to the Resolution presented (Resolution No. 2025- 11), approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the Resolution presented (Resolution No. 2025-12), and approve the Tree Removal Permit (TR-2024-024) in substantially similar form to the Resolution presented (Resolution No. 2025-13); 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 information contained in the Infill Exemption Memorandum along with all staff reports, 788
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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:

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 singlefamily 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.

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 dedication requirements as required by the Heart of the City Specific Plan’s and the City’s 789
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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:

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 1, 2025 Meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2024-002, TM-2024-001, ASA2024-005, 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 791
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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 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 1
st 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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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 5-0 vote that the City Council approve the Development Permit (DP-2024-002) in substantially similar form to the Resolution presented (Resolution No. 2025-09), approve the Architectural and Use Permit (U-2024-007) in substantially similar form to the Resolution presented (Resolution No. 2025-10), approve the Architectural and Site Approval Permit (ASA2024-005) in substantially similar form to the Resolution presented (Resolution No. 2025- 11), approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the Resolution presented (Resolution No. 2025-12), and approve the Tree Removal Permit (TR-2024-024) in substantially similar form to the Resolution presented (Resolution No. 2025-13); 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 794
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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 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 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 795
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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 Mediterranean 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 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 birdsafe ordinance as well. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and
No signage is proposed as part of this project.
d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures.
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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 1, 2025 Meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2024-002, TM-2024-001, ASA2024-005, 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.

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 798
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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 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.
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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.

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
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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 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
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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 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 802
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cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

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 1
st 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:
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________________________
Kirsten Squarcia, City Clerk
________________________
Date
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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 5-0 vote that the City Council approve the Development Permit (DP-2024-002) in substantially similar form to the Resolution presented (Resolution No. 2025-09), approve the Architectural and Use Permit (U-2024-007) in substantially similar form to the Resolution presented (Resolution No. 2025-10), approve the Architectural and Site Approval Permit (ASA2024-005) in substantially similar form to the Resolution presented (Resolution No. 2025- 11), approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the Resolution presented (Resolution No. 2025-12), and approve the Tree Removal Permit (TR-2024-024) in substantially similar form to the Resolution presented (Resolution No. 2025-13); 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 information contained in the Infill Exemption Memorandum along with all staff reports, 805
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EXHIBIT TM
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 rightof-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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EXHIBIT TM
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 sizeappropriate 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 LU13.7.3, as identified on the approved map. These easements shall be maintained to allow for public access through the property.

NOW, THEREFORE, BE IT RESOLVED:

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 1, 2025 meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
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3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2024-002, U-2024-007, ASA2024-005, 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.

EXHIBIT TM
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 that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

EXHIBIT TM
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 1
st 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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RESOLUTION NO. _________

OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A TREE REMOVAL PERMIT TO REMOVE AND REPLACE FORTYFIVE (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 5-0 vote that the City Council approve the Development Permit (DP-2024-002) in substantially similar form to the Resolution presented (Resolution No. 2025-09), approve the Architectural and Use Permit (U-2024-007) in substantially similar form to the Resolution presented (Resolution No. 2025-10), approve the Architectural and Site Approval Permit (ASA2024-005) in substantially similar form to the Resolution presented (Resolution No. 2025- 11), approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the Resolution presented (Resolution No. 2025-12), and approve the Tree Removal Permit (TR-2024-024) in substantially similar form to the Resolution presented (Resolution No. 2025-13); 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 811
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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 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:

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 1, 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 – 812
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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, ASA2024-005, 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
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
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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.
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.
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9. PROTECTED TREES
The applicant and future property owners understand that the replacement trees and all other trees approved with this development may not be removed without the prior approval by the Community Development Department of a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the trees. The applicant shall also disclose the location and species of all replacement and development trees on site upon sale of the property.

10. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

11. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the 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 815
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cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

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 1
st 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:
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________________________
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 subarea 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 woodburning 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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Cupertino City CouncilJuly 1, 2025

Cupertino City Council
July 1, 2025