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
Pol
icy LU 13.5
Development Allocation Available (Heart of the City): 18 Units (as of SB330 Preliminary Application date) Yes
Consistent per requirements of State Law since
residential density allows development of a
project up to 25 du/ac (72.5 units). Proposal is
for a 59 unit development.
Strategy LU-13.7.1
Provide active uses along the street frontage, bike lanes, sidewalks that support pedestrian-oriented activity,
improved pedestrian crossings at street intersections, and attractive transit facilities (e.g., bus stops, benches, etc.) Yes
Design provides a 6’ sidewalk dedication, bike
lane contribution, and public art plaza along
street frontage.
VTA has not required improvements to transit
facilities on or adjacent to the site.
Strategy LU-13.7.2
Create a cohesive visual image with street tree plantings along the corridor, but with distinct tree types for each sub- area to support its distinct character and function.
Yes
Proposed street tree plantings are consistent
with sub-area type outlined in the Heart of the
City Specific Plan.
Strategy LU-13.7.3 Provide pedestrian paths to enhance public access to and through the development. Yes
Pedestrian paths through the site from
sidewalk and neighboring parcel have been
provided. Public access easement provided.
Mobility Element
Policy M-2.5
Ensure all new public and private streets are publicly
accessible to improve walkability and reduce impacts on existing streets.
Yes Proposed streets will be publicly accessible.
Public access easement provided.
Policy M-3.2
Require new development and redevelopment to increase
connectivity through direct and safe pedestrian connection to public amenities, neighborhoods, shopping, and
employment destinations throughout the city.
Yes
Direct pedestrian connections from the site to
the neighboring shopping center to the east are
provided.
Policy M-3.5.1 Require driveway access closures, consolidations, or both when a site is remodeled or redeveloped. Yes
The proposed project incorporates two
driveway accesses, consistent with the
requirements for fire access and the existing
site conditions.
Policy M-3.6 Require parking lots to include clearly defined paths for pedestrians to provide a safe path to building entrances. Yes Pathways extend through the parking area.
Policy M-3.8 Require new development and redevelopment to provide public and private bicycle parking. Yes Public and private bicycle parking provided.
Policy M-4.4
Ensure all new development projects include amenities to support public transit including bus stop shelters, space for transit vehicles, as appropriate, and attractive amenities such as trash receptacles, signage, seating, and lighting.
Yes No additional transit improvements requested
by VTA.
Environmental Resources and Sustainability Element
Strategy ES-4.3.2 Prohibit new wood-burning fireplaces, except EPA certified wood stoves as allowed by the Building Code. Yes Response and plans indicate that no wood- burning fireplaces are proposed.
Strategy ES-5.1.2
Ensure that sustainable landscaping design is incorporated in the development of private projects with the inclusion of measures such as tree protection, stormwater treatment, and planting of native, drought tolerant landscaping that is beneficial to the environment.
Yes
Sustainable landscaping design is incorporated
in the development through the required tree
protection (as applicable), stormwater
treatment area planted with native plant
species, and the use of drought tolerant plant
species including beneficial native plant
species.
Policy ES-7.2 … Use low impact development (LID) designs to treat stormwater or recharge groundwater. Yes LID designs incorporated into project design.
Strategy ES-7.3.1
Require LID designs such as vegetated stormwater
treatment systems and green infrastructure to mitigate
pollutant loads and flows.
Yes LID designs incorporated into project design.
Health and Safety Element
Policy HS-3.2
Involve the Fire Department in the early design stage of all projects requiring public review to assure Fire Department input and modifications as needed.
Yes Fire Department review completed.
Policy HS-3.7 Require on-site fire suppression materials and equipment. Yes On-site fire suppression systems will be
provided as required by Santa Clara County
Fire.
Strategy HS-4.2.2
Request County Sheriff review and comment on
development applications for security and public
measures.
Yes County Sheriff review completed.
Policy HS-8.1
Use the Land Use Compatibility for Community Noise
Environments chart, the Future Noise Contour Map (see
Figure D-1 in Appendix D) and the City Municipal Code
to evaluate land use decisions.
Yes Noise Assessment provided by applicant.
Infrastructure Element
Strategy INF-2.4.2 Require undergrounding of all utility lines in new developments.
Yes, as
Conditioned
Undergrounding of utilities is proposed, to the
extent feasible. Project is conditioned to comply
with Public Works requirements for new utility
lines.
Strategy INF-5.1.2
Require developers to pay their fair share of costs for, or in some cases construct, infrastructure upgrades to ensure that service levels are met.
Yes, as
Conditioned
Project is conditioned to meet Sanitary District
requirements based on District comments.
Policy INF-7.2
Ensure that public and private developments build new
and on-site facilities and/or retrofit existing on-site facilities to meet the City’s waste diversion requirements.
Yes
Environmental and Sustainability Division
review of waste diversion requirements
completed.
Recreation, Parks, and Community Services Element
Strategy RPC-2.2.2 Require major developments to incorporate private open space and recreational facilities. Yes Private open space provided.
Strategy RPC-3.1.1 Maximize the use of native plants and drought-tolerant planting. Yes Planting plans incorporate use of native and drought tolerant plantings.
Heart of the City Specific Plan
Reference Specific Plan Requirement Consistent? City Comment Land Use and Zoning – Permitted and Conditional Uses
Section 1.01.020 (B) Residential density shall be per the General Plan Land Use and zoning maps Yes Density is consistent with General Plan.
Section 1.01.020 (B)
On sites with a mixed-use residential designation,
residential is a permitted use only on Housing Element
sites. Conditional use permits will be required for
residential units on… Non-Housing Element mixed-use
sites.
Yes Conditional Use Permit U-2024-007
incorporated into project.
Section 1.01.020 (B)
The amount of building space devoted to
retail/commercial uses shall have a viable and substantial retail component.
Density Bonus
Incentive
Requested
No retail provided. Density Bonus incentive
requested.
Building Height, Setbacks, and Orientation
Section 1.01.030 (A)
(3)
Mechanical equipment and utility structures shall be
screened from public view. Yes Screening plan provided.
Section 1.01.030 (B) (1)
and (3)
Minimum setback for new development shall be 35 feet
from the edge of curb (nine (9) feet from the required
Boulevard Landscape Easement; See section 1.01.040(D)).
Special Architectural Features – subject to City review:
entrance porticoes, canopies, and or other features may extend up to four (4) feet into the front setback area.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 1.01.030 (C) (1)
and (3)
Minimum side setback for new development shall be one-
half (1/2) the height of the building, or ten (10) feet, whichever is greater.
Uninhabitable building elements – such as chimneys and
projecting eaves may encroach up to three (3) feet in to a required setback.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 1.01.030 (C) (2)
and (3)
For new development along developed or zoned
residential properties the rear setback shall be equal to one and one-half (1.5) times the height of the building with a minimum setback of 20 feet.
Uninhabitable building elements – such as chimneys and
projecting eaves may encroach up to three (3) feet in to a required setback.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 1.01.030 (D)
The main building entrance to all buildings shall be located on the front building facade, a fronting building corner, or a side-facing facade visible from the street frontage. Other orientations may be permitted subject to City review.
Yes Buildings are oriented to have entrances along
Stevens Creek Blvd where possible.
Site Development and Parking
Section 1.01.040 (A)
(1)
Direct pedestrian access in the form of a walkway shall be provided from the Stevens Creek Boulevard sidewalk to Yes Buildings are oriented to have entrances along Stevens Creek Blvd where possible and
the main building entrance, i.e., pedestrian access to
building entrances shall not require walking between
parking spaces.
pathways are provided from Stevens Creek
sidewalk to fronting residences.
Section 1.01.040 (A)
(2) (a
)
Maximum number of curb cuts shall be one (1) two-way
curb cut or two (2) one-way curb cuts on Stevens Creek
Boulevard. Additional curb cuts may be allowed upon
review and approval by the Public Works Department.
Yes
The proposed project incorporates two
driveway accesses, consistent with the
requirements for fire access and the existing
site conditions.
Section 1.01.040 (A)
(2
) (
d) Service access shall be from rear parking areas.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 1.01.040 (B) (2) No visible parking garages shall be permitted along Stevens Creek Boulevard. Yes No garages proposed to be facing Stevens Creek Boulevard.
Section 1.01.040 (C) (2)
(a)
Common, usable outdoor space shall be provided for all
multi-unit buildings. A minimum of one hundred fifty
(150) sq
uare feet shall be provided for each unit excluding
required setback areas; see Design Guidelines.
Yes
Provided plans show calculations for common
open space in all landscaped areas excluding
the area within required setbacks.
Section 1.01.040 (C) (2)
(b)
Private outdoor space shall also be provided with at least sixty (60) square feet for each unit. Private space shall be in the form of a patio or deck attached to the unit, not less than six (6) feet clear in any dimension.
Density Bonus
Waiver
Requested
Minimum of 60 square feet of private outdoor
space provided per unit. Density Bonus Waiver
requested to reduce the minimum clearance.
Section 1.01.040 (D)
(1)
All new development shall establish an easement twenty- six (26) feet in width along the Stevens Creek Boulevard frontage.
The easement shall consist of:
(i) a curbside planting strip ten 10) feet in width,
(
ii) a
sidewalk six (6) feet in width, and
(iii) a back-of-walk planting strip ten (10) feet in width.
P
lanting strip areas shall contain low growing
groundcover and street trees in accordance with the
policies of the Streetscape Element.
Yes Easement and dedication will be required as a
condition of approval of the Final Map.
Section 1.01.040 (D)
(2)
Adjacent to designated or developed residential properties attractive screen fencing or walls shall be provided along the side or rear property lines to screen buildings, service areas, and parking areas; a minimum five (5) foot planting area shall be established within and adjacent to the fence or wall with evergreen trees planted at a minimum spacing of twenty-five (25) feet on center. Lighting from commercial uses shall be screened from adjacent residential properties.
Yes
The project provides landscaping areas with
trees adjacent to the southern property line
bordering the existing single-family
neighborhood. The project is conditioned to
ensure that these landscaped areas remain clear
of accessory structures.
Section 1.01.040 (D)
(3)
Shade trees at a spacing of approximately twenty-five (25) feet on center shall be planted within required curbside planting strips.
Yes Shade trees are provided to the extent feasible
based on the existing traffic requirements.
Section 1.01.040 (D)
(4)
Screen Fences and Walls – Where the fence or wall is not adjacent to residential property, streets and sidewalks, the fence or wall shall be a minimum of six (6) feet in height and a maximum of eight (8) feet in height. Where a
commercial and residential property share a common
property line, the sound wall separating the uses shall have a minimum height of eight (8) feet. The sound wall may be taller than eight (8) feet subject to approval as part of a development plan.
Yes Existing ten-foot walls to remain and eight-foot
fences are proposed.
Section 1.01.040 (E) (1) Variety in the Design of Building Facades – shall be required so that block frontages are varied and attractive. Yes Variation in the design of building facades has been provided.
Section 1.01.040 (E) (2)
Building forms shall be such that buildings adjacent to residentially developed parcels shall be stepped back or terraced or have adequate setback so that privacy is
maintained. Buildings requiring terracing shall have a 1.5:1 setback to height ratio.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Site Improvements and Landscaping Guidelines
Section 2.01.040 (C) Chain link, barbed wire and razor wire fencing are not allowed. Yes No chain link, barbed wire, or razor wire
fencing is proposed.
Street Plantings
The planting theme is a “Flowering Orchard.” It features a formal planting of Flowering Pear (Pyrus calleriana
“Chanticleer”) and low growing groundcover in curbside
planting strips.
Yes Proposed street tree type and planting
complies.
Cupertino Municipal Code – Zoning Ordinance (CMC Title 19) Reference Municipal Code Requirement Consistent? City Comment Chapter 19.36 Standards
Section 19.36.070 (A) Maximum Lot Coverage – 40% of net lot area Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 19.36.070 (G)
Minimize privacy intrusion into all or a significant portion of private outdoor spaces, or interior spaces through the use of windowless walls, atria, enclosed courtyards, and buildings oriented to public and private streets, or other techniques which rely upon structural design rather than mitigation relying solely upon a landscaping solution.
Yes
Privacy intrusion measures, including building
design and privacy screening have been
incorporated to minimize privacy intrusion into
neighboring residential properties.
Section 19.36.070 (I)
No parking shall be permitted in a setback area where the lot adjoins property located in a single-famil y (R-1) zon ing district.
Yes No par king is proposed in the setback area
adjacent to a single-family (R-1) zonin g district.
Chapter 19.48 Standards
Section 19.48.020
Fences and walls separating commercial, industrial, offices, and institutional zones from residential zones shall be constructed at a height and with materials designed to:
a. Acoustically isolate part of or all noise emitted by future uses within the commercial, industrial, offices, or institutional zones. The degree of acoustical
isolation shall be determined during the design
review process.
b. Ensure visual privacy for adjoining residential
dwelling units.
Yes
Sound attenuation fencing is not required
between commercial and mixed-use sites. The
applicant has proposed an 8’ sound attenuation
fence to address potential noise impacts and an
existing 10’ wall will address privacy impacts.
Chapter 19.102 Standards
Section 19.102.030
(A)
All projects that are subject to the bird-safe development requirements shall submit the following:
1. Elevation drawings indicating the bird- safe
treatment and how the proposed treatment meets
the requirements of Section 19.102.030(B) and (D);
2. Cross sections, if required
;
3. O
ther exhibits indicating consideration and
incorporation of the regulations in Section
19.102.030(B), (C), and (D); and
4. Biologist report in support of alternative compliance method pursuant to Section 19.102.030(B)(3), if
proposed.
Yes Insect netting is proposed to meet
requirements.
Section 19.102.030 (B)
1. Façades of all projects subject to bird-safe development requirements shall have:
a. No more than 10% of the surface area of the façade
be untreated glass between the ground and 60 feet
a
bove ground.
b. No more than 5% of the surface area of the façade
be untreated glass between 60 feet above ground
and up.
2. Standard Compliance Treatments: The Planning
Division may maintain a list of acceptable bird-safe
treatments that may be updated from time to time. The
list may include, but not be limited to, permanent
treatments such as opaque glass, window muntin
s,
ex
terior insect screens, exterior netting, or special glass tr
eatments such as fritting to provide visual cues and
reduce the likelihood of bird collisions. Glass
treatments must have high color contrast with the
glass and be applied to the outermost surface. Prior to publication of the list, the Planning Division may
review information available from interest groups
,
su
ch as the National Audubon Society.
3. Alternative Compliance Method: Property
o
wners/applicants may propose an alternate
compliance method recommended by a qualified
b
iologist to meet the requirements and intent of this
section. The alternate compliance method shall be
peer-reviewed by a third-party consultant, paid for by
the applicant, and subject to the approval of the
Director of Community Development.
Yes
Insect netting is proposed to meet requirements
and no more than 10% of the surface area of
each façade will be untreated glass.
Section 19.102.030 (D)
All projects shall:
1. Avoid the funneling of flight paths along buildings
or trees towards a building façade.
2. Avoid use of highly reflective glass or highly
tr
ansparent glass.
3. Not include skyways or walkways, balconie s,
f
reestanding walls, or building corners made of
untreated glass or other transparent materials, or
any other design elements that are untreated and
through which trees, landscape areas, water
features or the sky are visible from the exterior or
from one side of the transparent element to th
e
other.
Yes Proposed design complies with these
requirements. Section 19.102.040 (A)
Projects subject to outdoor lighting regulations must
submit the following information:
1. A site plan indicating the location of all outdoor
lighting fixtures.
2. A description of each lighting fixture. This
description may include, but not be limited to
,
manufacturer’s catalog cuts and drawings
Yes, as
Conditioned
The project has been conditioned to provide all
required information and meet all dark sky
lighting requirements prior to issuance of
Building Permits.
(including sections if requested), lamp types, and
lumen outputs.
3. Photometric plans, prepared, stamped and signed
by a licensed professional engineer qualified in
outdoor lighting, depicting the location of all
outdoor lighting fixtures and building-mounted
l
ighting fixtures and a maximum ten-foot by ten-
foot grid of both the initial and maintained lighting
levels on the site, including any impact on adjacent
p
roperties.
4. The project lighting plan shall indicate how lighting has been coordinated with any associated
landscaping plan to prevent site planning conflicts.
Section 19.102.040 (B)
(1)
All outdoor lighting shall be fully shielded fixtures,
directed downward to meet the particular need and away
from adjacent properties and rights-of way to avoid light trespass, except:
a. Low-voltage Landscape Lighting: Low-voltage
landscape lighting, such as that used to illuminate
fountains, shrubbery, trees, and walkways, do no
t
h
ave to be shielded fixtures and may use
uplighting, provided that they use no more than ten
(10)
w
att incandescent bulb or LED equivalent, or a
m
aximum of 150 lumens (whichever is less),and not
di
rected toward the right-of-way.
b. Architectural Features: Uplighting may be used to
highlight special architectural features.
c. Public Art: Alternative lighting standards may be
used to illuminate public art or serve as public art
subject to the review and approval by the Arts and
Culture Commission.
d. Historic Lighting Fixtures: Lighting fixtures that are historic or that exhibit a historical period
appearance, as determined by the Director of
Community Development, need not be full
y
s
hielded.
e. String Lighting: String Lighting may be used in
compliance with Section 19.102.040 (B) (12)
Yes, as
Conditioned
The project is conditioned to provide compliant
light fixtures, prior to Building Permit issuance.
Section 19.102.040 (B)
(2)
a. No exterior light, combination of exterior lights, or activity shall cast light exceeding zero point one (0.1) foot-candle onto an adjacent or nearby property, with
the illumination level measured at the property line
between the lot on which the light is located and the
adjacent lot, at the point nearest to the light source
,
e
xcept if two adjacent properties are non-residential, or function as a shopping center, and agree to coordinate
lighting.
b. No direct off-site glare from a light source shall be visible above three feet at a public right-of-way.
c. The maximum light intensity on a site shall not exceed a maintained value of ten foot-candles, when
measured at finished grade.
d. Parking lots, sidewalks and other areas accessible to pedestrians and automobiles on properties with four
or more units, mixed-use development, and non-
residential development shall be illuminated with
uniform and adequate intensity. Typical standards to
achieve uniform and adequate intensity are:
i. Average horizontal maintained illumination
shall not be more than three foot-candle.
ii. Maximum to minimum ratio should be between
6:1 and 10:1, but shall not be more than 10:1.
e. Critical areas of illumination such as stairways, ramps and main walkways may have a higher illumination.
Yes, as
Conditioned
The project has been conditioned to provide all
required information and meet all dark sky
lighting requirements prior to issuance of
Building Permits.
Section 19.102.040 (B)
(3)
All light sources shall have a maintained correlated color temperature of 3,000 Kelvin or less
Yes, as
Conditioned
The project has been conditioned to provide all
required information and meet all dark sky
lighting requirements prior to issuance of
Building Permits.
Section 19.102.040 (B)
(4)
All outdoor lighting shall be fully extinguished or be
motion sensor operated by 11:00 p.m. or when people are no longer present in exterior areas, whichever is later, except for:
a. Critical lighting pursuant to section 2(e) above;
b. Any lighting at building entrances, parking areas,
walkways, and driveways area required to remain
illuminated after 11:00 p.m. by the California
Yes
Only critical areas of illumination are to remain
illuminated after 11 p.m., consistent with CBC
requirements.
Building Code or state law;
c. Lighting of an appropriate intensity, allowed in
conjunction with uses that are permitted to operate
past 11:00 p.m., with a conditional use permit; and
d. Outdoor solar powered pathway lights that are 25
lumens or less.
e. Lighting that illuminates a pedestrian pathway
(examples include bollard, in-place step, or building
mounted), provided that such lighting is a
maximum height of four (4) feet above the pathway,
fully shielded, and downward directed
Section 19.102.040 (B)
(5)
Automated control systems, such as motion sensors and
timers, shall be used to meet the outdoor lighting
requirements.
a. Photocells or photocontrols shall be used to
extinguish all outdoor lighting automatically when
sufficient daylight is available.
b. All lighting activated by motion sensors shall
extinguish no more than 10 minutes after activation.
c. Automated controls shall be full programmable and
supported by battery or similar backup
Yes, as
Conditioned
A condition of approval is included to ensure
that any proposed lighting will remain in
compliance with this standard.
Section 19.102.040 (B)
(6)
Security lighting may be provided when necessary to
protect persons and property. When security lighting is utilized only the following standards shall apply:
a. Security lighting shall be controlled by a
programmable motion-sensor device, except where
continuous lighting is required by the California
Building Code. All lighting activated by motion
sensors shall extinguish no more than 10 minutes
after activation. Automated controls shall be fully
programmable and supported by battery or similar
backup.
b. Security lighting shall be downward directed,
shielded, and not be mounted at a height that
exceeds 12 feet, measured from the adjacent grade
to the bottom of the fixture.
c. Floodlights shall not be permitted.
d. Security lights intended to illuminate a perimeter,
such as a fence line, are permitted only if such lights do not result in light trespass.
e. Motion-activated security lights shall not use lamps that exceed 100 watt incandescent bulb or LED
equivalent, or a maximum of 1,600 lumens
(whichever is less)
Yes, as
Conditioned
A condition of approval is included to ensure
that any proposed lighting will remain in
compliance with this standard.
Section 19.102.040 (B)
(7)
a. Lighting fixtures must be of a design that complements building and landscaping design.
b. Lighting fixtures shall be appropriate in height,
intensity, and scale to the use they are serving.
c. Parking lot lights in non-residential zones shall not exceed a height of 21 feet, and any wall-mounted lights shall not exceed a height of 12 feet, measured from the adjacent grade to the bottom of the fixture.
Yes
Proposed lights do not exceed the height
limitations of this standard and are designs that
complement the building and landscaping
design.
Chapter 19.124 Standards
Section 19.124.030
(A) (2)
Vehicles may be placed, kept or parked these areas,
provided a minimum clearance of three feet is maintained from any structure.
Yes Clearance is maintained for unenclosed parking
areas.
Section 19.124.040 (A) Multi-Family Use – Two spaces per unit (1 covered and 1 open) of 10’ x 20’ each Yes 118 parking spaces provided for the proposed 59 units.
Section 19.124.040 (K)
The accessible parking requirement for the disabled is
embodied in Section 1129 B of the California Building
Code, as amended, is hereby incorporated into this chapter by reference.
Yes Accessible parking provided.
Section 19.124.040 (N)
(1) 5% of total parking area shall be provided as landscaping. Yes Planting area adjacent to parking exceeds 5% of parking area.
Section 19.124.040 (N)
(2)
Parking lot trees:
i. Shall be planted or exist at a rate of one tree for every five parking stalls for every ten spaces in a single
row.
ii. Only fifty percent of the trees located along the
perimeter of the parking area may count towards the
required number of trees.
iii. A parking facility with larger trees with high
canopies may be allowed to increase the number of
parking stalls (up to 10 parking stalls per tree)
depending on the size of the tree and canopy size.
Yes Less than 10 spaces proposed, no trees
required.
Section 19.124.040 (N)
(3)
Landscape Planter Strip shall be at least three feet wide by the length of the parking space.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 19.124.040 (N)
(4)
Trees shall be offset to prevent vehicles from bumping into them. Yes No trees are provided in parking areas.
Section 19.124.040 (N)
(5)
When parking is provided adjacent to a side or rear
property line, landscape buffer (inclusive of curbing and vehicle overhang allowance) shall be five feet wide.
Density Bonus
Waiver
Requested
Density Bonus waiver requested.
Section 19.124.040 (N)
(6)
a. Landscape areas shall be enclosed by a six-inch wide continuous flat curb allowing parking lot run off into
landscaping area, infiltration islands or swales.
b. Concrete wheel stops shall be placed on top of the
flat curb and shall be provided at a rate of one per
two stalls.
c. Landscape planter strips at the end of the parking
aisles adjacent to a driveway shall be enclosed by a
six-inch raised concrete curb with drainage outlets to
help delineate the driveways or aisles.
d. Parking stall length may be decreased by up to two
feet but must provide an equivalent vehicle
overhang into landscaped areas.
Yes Parking area details show that parking area
landscaping meets these requirements.
Section 19.124.040 (N)
(7)
Curbed planter strips shall be provided at the end of each parking aisle. Landscape planter strip shall be at least three feet wide and the length of a parking stall.
Yes Parking aisle are bordered by landscape areas.
Section 19.124.040 (N)
(9)
Trees required to meet any section of this title shall be a minimum of fifteen-gallon size. Yes No parking lot trees required.
Section 19.124.040 (N)
(10)
All trees shall be protected by wheel stops, curbing,
bollards or other similar barriers as appropriate. Yes All trees are located behind curbs, wheel stops, and other similar barriers.
Section 19.124.040 (O)
(1)
In order to reduce urban runoff and provide water quality benefits in parking lots, all new parking lots shall
incorporate bio-swales in the required landscaping buffers meeting the following standards:
i. Longitudinal slope of the swale shall be between one percent and five percent.
ii. Swales of greater than three percent may be required to install check dams to reduce velocity through swale.
iii. Side slope shall not exceed 3:1 (horizontal : vertical). iv. All swales shall be required to provide an adequate under-drain system to prevent ponding. Swales shall be
designed to eliminate any ponding of water for more
than forty-eight hours
Yes Plans include bio-swales in accordance with
this standard.
Section 19.124.040 (O)
(2)
Use permeable or semi-permeable materials for the parking stalls. Yes Design includes use of pervious and/or semi- pervious paving in parking stalls.
Section 19.124.040 (P)
Bicycle parking shall be provided in multi-family
residential developments at a rate of one Class I space per two residential units.
Thes
e facilities are intended for long-term parking and are intended to protect the entire bicycle or its individual components and accessories from theft. The facility also protects the cycle from inclement weather, including wind driven rain. The three design alternatives for Class I
facilities are as follows:
a. Bicycle Locker
b. Restricted Access
c. Enclosed Cages
Yes
Long term bicycle parking is provided within
the parking garages of each individual unit and
short-term bicycle parking is provided
throughout the project site.
Section 19.124.040 (Q)
(1)
All lighting in parking areas shall be 3,000 Kelvin or less unless otherwise approved as part of a development plan for uniformity, not allowing any dark areas in the parking lot.
Yes The proposed lighting temperature is 3000K.
Section 19.124.040 (Q)
(2)
i. The light fixtures shall be oriented and designed to preclude any light and direct glare to adjacent
residential properties.
ii. No direct off-site glare from a light source shall be visible above three feet at a public right-of-way.
Yes, as
Conditioned
The project has been conditioned to comply
with the City’s lighting requirements prior to
issuance of Building Permits.
Section 19.124.040 (Q)
(3)
Parking lots, sidewalks and other areas accessible to
pedestrians and automobiles shall be illuminated with a uniform and adequate intensity. Typical standards to
achieve uniform and adequate intensity are:
a. Average Horizontal Maintained Illumination –
Between one and three foot-candles
b. Average Maximum to Minimum Ratio – Should be
generally between six and ten to one
c. Minimum Intensity Above Parking Lot Surface –
Minimum three foot-candles vertically above the
parking lot surface shall be maintained.
Yes, as
Conditioned
The project has been conditioned to comply
with the City’s lighting requirements prior to
issuance of Building Permits.
Section 19.124.040 (Q)
(4)
Critical areas such as stairways, ramps and main walkways may have a higher illumination. Yes Higher illumination is proposed for primary walkway.
Section 19.124.040 (Q)
(5)
Shatter resistant lenses shall be placed over the light to deter vandalism Yes Proposed lights include shatter resistant lenses.
Cupertino Municipal Code – Subdivision Ordinance (CMC Title 18) Reference Municipal Code Requirement Consistent? City Comment Chapter 18.12 Standards
Section 18.12.020 (A) A tentative map and final map shall be required for all subdivisions of land creating five or more parcels… Yes Vesting Tentative Map (Sheet TM-1) provided.
Chapter 18.16 Standards
Section 18.16.010 The tentative map …shall be prepared by a registered civil engineer or licensed surveyor… Yes The provided Tentative Map was prepared by a registered civil engineer.
Section 18.16.030 Public utilities and agencies shall certify that the subdivision can be adequately served. Yes Will serve letters from applicable utility services were provided.
Chapter 18.32 Standards
Section 18.32.030
The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural
section, curbs, sidewalks, driveway approaches and
transitions.
Yes, as
Conditioned
To be completed in accordance with Public
Works’ conditions of approval.
Section 18.32.040
Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The
storm drain system shall be designed for ultimate
development of the watershed. The storm drain system
shall provide for the protection of abutting and offsite properties that would be adversely affected by any increase in runoff attributed to the development; off-site storm drain improvements may be required to satisfy this
requirement.
Yes, as
Conditioned
To be completed in accordance with Public
Works’ conditions of approval.
Section 18.32.050 Each unit or lot within the subdivision shall be served by an approved sanitary sewer system.
Yes, as
Conditioned
Project is conditioned to meet Sanitary District
requirements based on District comments.
Section 18.32.060 Each unit or lot within the subdivision shall be served by an approved domestic water system. Yes Will serve from Cal Water provided.
Section 18.32.070
A. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and
cablevision facilities. All utilities within the
subdivision and along peripheral streets shall be
placed underground in accordance with Chapters
14.20 and 14.24, of this code, except those facilities
exempted by the Public Utilities Commission
regulations. Undergrounding shall be required for
overhead lines on both sides of peripheral streets.
B. For subdivisions of five or more parcels, the
subdivider may request that the undergrounding
requirement along peripheral streets be waived by the
Planning Commission. The Planning Commission
may, at its discretion, accept a fee in lieu of the
undergrounding. The amount of fee shall be
determined by the City Engineer and shall be one-half
of the normal cost of undergrounding existing utilities on residential streets. The requirement for
undergrounding or the acceptance of an in-lieu-of-
undergrounding fee shall be made a condition of
approval of the tentative map.
C. For subdivision of five or more parcels the developer may appeal the undergrounding requirement along
peripheral streets to the City Council. Such appeal
shall be in accordance with Section 18.20.070 of this
title. The appeal shall be accompanied by an estimate
from each utility company for the approximate cost
per lineal foot and total cost to underground its
facilities along the peripheral street.
The
developer shall pay all fees as may be charged by
each utility company to make the required estimate.
D. The City Council or City Engineer, as the case may be, may, at its discretion, accept a fee in lieu of the
undergrounding of existing facilities along peripheral
streets. The amount of fee shall not be less than the
amount established by the City Engineer for the
normal cost of undergrounding of existing utilities
along residential streets.
E. In-lieu fees shall be deposited in a special
undergrounding account to be used as approved by
the City Council for future undergrounding of
utilities throughout the City.
Yes
Undergrounding of utilities is proposed, to the
extent feasible. Project is conditioned to comply
with Public Works requirements for new utility
lines.
Section 18.32.110
A. The design of a subdivision for which a tentative map is required, pursuant to Chapter 18.12 of this title,
shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the
subdivision.
B. Examples of passive or natural heating opportunities in subdivision design include design of lot size and
configuration to permit orientation of a structure in
an east-west alignment for southern exposure.
C. Examples of passive or natural cooling opportunities in subdivision design include design of lot size and
configuration to permit orientation of a structure to
take advantage of shade or prevailing breezes.
D. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision,
consideration shall be given to local climate, to
contour, to configuration of the parcel to be divided,
and to other design and improvement requirements,
and such provision shall not result in reducing
allowable densities or the percentage of a lot which
may be occupied by a building or structure under
applicable planning and zoning in force at the time
the tentative map is filed.
E. The requirements of this section do not apply to
condominium projects or stock cooperatives which
consist of the subdivision of airspace in an existing
building when no new structures are added.
F. For the purpose of this section, "feasible" means capable of being accomplished in a successful manner
within a reasonable period of time taking into account
economic, environmental, social and technological
factors.
Yes Buildings are oriented in the east-west
alignment to the extent feasible.
Section 18.32.120 (A)
The subdivision shall abut upon or have an approved
access to a public street. Each unit or lot within the
subdivision shall have an approved access to a public or private street. Flag lot access shall be a minimum of twenty feet in width unless approved by the City Engineer.
Yes
Proposed subdivision provides access to public
street (Stevens Creek Boulevard) and each
proposed unit has access to a public or private
street.
Cupertino Municipal Code – Environmental Regulation Ordinance (CMC Title 17) Reference Municipal Code Requirement Consistent? City Comment Chapter 17.04
Section 17.04.030 (B)
(1)
Compliance with the requirements shall be demonstrated
for all residential projects involving the development of four or more residential units, through submittal and
implementation of a construction management plan and/or permit plans, as applicable, prior to issuance of an approval to the satisfaction of the City.
Yes, as
Conditioned
Draft construction management plan provided.
Project will be conditioned to meet all
applicable requirements of Title 17.
Section 17.04.040 (B)
(1)
The following standard environmental protection
technical reports are subject to third-party peer review under the direction of the City at the applicant’s cost, prior to the approval of the project.
Retain the services of a qualified environmental consultant with experience preparing Phase I Environmental Site
Assessments (ESAs) to
prepare a Phase I ESA in accordance
with the American Society for Testing and Materials
(ASTM) Standards on Environmental Site Assessments,
ASTM E 1527-13 (ASTM 1527-13) and in accordance with
the U.S. Environmental Protection Agency’s (EPA’s)
Standards and Practices for All Appropriate Inquiries (40 Code of Federal Regulations 312), published November
2005, as subsequently revised, supplemented, or replaced.
The goal of an ASTM Phase I ESA is to evaluate site
history, existing observable conditions, current site use, and current and former uses of surrounding properties to identify the potential presence of Recognized
Environmental Conditions (RECs) as defined in ASTM E
1527-13, associated with the site. If the Phase I ESA does not identify any RECs, then no further action is needed. If the Phase I ESA identifies RECs, then a Phase II ESA shall be prepared as described in Section B.2.
Yes, as
Conditioned
The project has been peer reviewed for
compliance with the City’s requirements and
recommended conditions of approval have
been incorporated into the proposed
resolutions.
Section 17.04.040 (C)
Project applicants shall prepare a vehicle miles traveled (VMT) analysis, which shall include a comparison of
existing VMT and project-generated VMT, for review and
approval prior to project approval, indicating that the project meets the standards in Section 17.08.040 (Vehicle Yes VMT memo provided and peer reviewed.
Miles Traveled (VMT) Standards).
Section 17.04.040 (D)
The project applicant shall provide a vibration study to determine vibration levels due to construction to the City, prior to approval of the project, when the following
activities would occur within the screening distance to buildings or structures:
• pile driving within 100 feet,
• vibratory roller within 25 feet, or
• other heavy equipment (e.g., bulldozer) within 15
feet;
For historical structures:
• pile driving within 135 feet,
• vibratory roller within 40 feet, or
• other heavy equipment within 20 feet
If vibration levels due to construction activities exceeds 0.2 inches per second peak particle velocity (in/sec PPV) at nearby buildings or structures, or 0.12 in/sec PPV at
historical structures, the project shall implement the
following alternative methods/equipment:
a. For pile driving, one of the following options shall be used: caisson drilling (drilled piles), vibratory pile
drivers, oscillating or rotating pile installation
methods, or jetting or partial jetting of piles into
place using a water injection at the tip of the pile.
b. For paving, use a static roller in lieu of a vibratory roller.
c. For grading and earthwork activities, off-road
equipment that shall be limited to 100 horsepower or
less.
Yes
Per the applicant’s acoustic study, none of the
activities listed are proposed within the
screening distances for the project and potential
construction vibration levels will meet City
standards.
Cupertino Municipal Code – Building and Construction Regulation Ordinance (CMC Title 16) Reference Municipal Code Requirement Consistent? City Comment Section 16.08.200 (E)
3. All swales or ditches on drainage terraces shall be
graded to provide suitable drainage and designed to
prevent erosion, including a suitable lining as
specified by the Director.
4. Drainage across lot lines caused by grading is
prohibited unless storm drain easements are provided.
Yes To be completed in accordance with Public
Works’ conditions of approval.
Chapter 16.58 Standards
Section 16.58.230
Greater than 9 Residential Single Family and Multi-Family homes (Verified by a Third Party GPR or LEED
certification as applicable
Alternate Reference Standard: See Section 101.10.2):
• GPR certified at minimum 50 points or
• LEED Silver or
• Alternate Reference Standard per Section 101.10.2
Yes, as
Conditioned
The project will comply with the Green Point
Rated (GPR) requirements and design will be
subject to peer review at time of Building Permit
review.
Cupertino Municipal Code – Landscape Ordinance (CMC Title 14) Reference Municipal Code Requirement Consistent? City Comment Chapter 14.18 Standards
Section 14.18.110 (A)
An application request to remove a mature specimen tree with a single-trunk DBH of twelve inches to twenty-four inches (multi-trunk twenty-four to forty-eight inches
DBH), shall provide the following:
a. A drawing outlining the location of the tree(s) and
proposed tree replacements.
b. A written explanation of why the tree(s) should be
removed.
c. Signature of the property owner and/or
homeowner’s association (where applicable) with
proof of a vote of the homeowner’s association;
d. Permit fee, where applicable.
An
application request to remove a heritage tree, privacy
planting tree, approved development tree, or mature
specimen tree with single-trunk DBH greater than twenty- four inches or multi-trunk greater than forty-eight inches DBH, require the following in addition to application
requirements a. through d. listed above:
a. Photograph(s) of the tree(s).
b. An arborist report from an arborist certified by the International Society of Arboriculture.
c. Notice and posting per Section 14.18.130.
Other information deemed necessary by the Director of
Community Development to evaluate the tree removal
request.
Yes Replacement trees provided on site.
Cupertino Municipal Code – Parks Ordinance (CMC Title 13) Reference Municipal Code Requirement Consistent? City Comment Chapter 13.08 Standards
Section 13.08.050 (A) -
(E)
Where dedication of a park or recreational facility is
required pursuant to this Chapter, land shall be dedicated per the formula below.
Park land dedication (in acres) = (Average number of
persons/DU) x (Park Acreage Standard) x (Number of
Dwelling Units)
The Park Acreage Standard is three acres of property for each one thousand persons.
Table 13.08.050 indicates the average park land dedication required per dwelling unit based on development density per the formula above (Section 13.08.050.A).
Average number of persons/DU shall be determined
pursuant to Table 13.08.050.
The number of dwelling units is calculated consistent with Section 13.08.090.
Yes In-lieu fee payment requested.
Cupertino Housing Mitigation Manual
Reference Housing Mitigation Manual Requirement Consistent? City Comment Section 2.3.1 When a development provides Ownership Below-Market- Rate (BMR) units, the affordability requirements for units shall be as follows:
1. Fifty percent (50%) of BMR units as median-income and fifty percent (50%) as moderate-income.
Yes
Six median and six moderate income units
provided.
Section 2.3.4 (A) BMR units shall be comparable to market rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction.
Yes
Proposed BMR units are comparable to market
rate units.
Section 2.3.4 (D) The BMR units shall be dispersed throughout the residential project. Yes BMR units dispersed throughout project.
Section 4.3 New ownership projects with five or more units or lots shall provide at least 20% of the units or lots as BMR
ownership units or lots per Section 2.3
Yes
12 BMR units proposed.