CC 12-16-2025 Searchable Packet.pdf — Cupertino City Council, December 16, 2025 (part 3 of 9)

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Bill information
Status: 10/03/2025 - Chaptered by Secretary of State - Chapter 323, Statutes of 2025 Summary: The text discusses proposed changes to existing laws governing the investment of public funds by local agencies. Under current law, local agencies can invest surplus funds in specific high-quality securities, including "prime" commercial paper, which has a maturity of up to 270 days. A new bill proposes extending this maturity period to 397 days.

Presently, until January 1, 2026, local agencies with less than $100 million in investment assets can invest up to 25% in eligible commercial paper, while those with more assets can invest up to 40%. The changes proposed in the bill would standardize this maximum investment percentage to 25% for all agencies starting January 1, 2031, and repeal the current provisions on January 1, 2031. Additionally, the bill addresses investment in government securities that may result in zero-interest accrual, postponing the repeal of this allowance to January 1, 2031. Furthermore, the text outlines that local agency officers must submit financial reports to the Controller, who publishes information about these transactions and compensations. If officers fail to file these reports within the stipulated time, they currently face fines if they are 20 days past the 20-day notice from the Controller. The bill proposes changing this forfeiture requirement to apply if reports are not filed within 10 months after the fiscal year ends or within the time prescribed by the Controller, whichever is later.

Current Analysis: 09/08/25 S Floor Analyses (text
09/03/25)
Last Amend: 09/03/2025
Chapter No. 323
SB 610 Pérez, D HTML PDF
Disaster assistance: tenants, mobilehome parks, and mortgages.

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Bill information
Status: 10/10/2025 - Approved by the Governor. Chaptered by Secretary of State. Chapter 547, Statutes of 2025.

Summary: The text discusses various legislative updates regarding property and housing regulations, particularly in the context of mobilehome parks and residential tenancies, especially when affected by disasters: 1. **Mobilehome Parks**: Existing law requires reports on the impact of closure or change of use, including replacement and relocation plans. This bill mandates such reports to include technical inspections when changes are due to disasters and exempts companies from paying displaced residents the market value of their mobilehomes in disaster-related closures. 2. **Residential Tenancies**: Landlords are responsible for addressing dilapidations from disasters, following specific cleaning protocols. Rental units are presumed untenantable if disaster debris is present until cleared by health officials. Landlords must inform tenants when repairs are made but are not required to rebuild destroyed properties. Tenants retain rights to return at pre-disaster rental rates once safe. 3. **Rental Termination**: Landlords must refund advance rent payments if tenancy is terminated due to property destruction. This applies to both residential and mobilehome tenancies, and rent obligations are waived during mandatory evacuations due to disasters. 4. **Mortgage Forbearance**: The Commissioner of Financial Protection and Innovation will coordinate with lenders to promote mortgage relief programs during wildfire-related state emergencies, aiding borrowers impacted by

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financial challenges. 5. **Reimbursement for Mandates**: The bill outlines that the state will reimburse local agencies for costs mandated by the state, following specific statutory procedures. These changes aim to provide clearer protocols and protections for residents and property owners during disasters.

Current Analysis: 09/09/25 S Floor Analyses (text
09/02/25)
Last Amend: 09/02/2025
Chapter No. 547
SB 616 Rubio, D HTML PDF
Community Hardening Commission: wildfire mitigation program.

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Bill information
Status: 10/13/2025 - Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

Summary: The text outlines a legislative proposal concerning wildfire mitigation and insurance regulation in California. The bill mandates that the Office of Emergency Services and the Department of Forestry and Fire Protection consider revising the California wildfire mitigation financial assistance program to align with new community hardening standards aimed at enhancing fire resistance in buildings. A significant element of the bill is the establishment of the Community Hardening Commission within the Department of Insurance. This commission, led by the Insurance Commissioner, will include members such as the State Fire Marshal and representatives from local and firefighting entities. The commission is tasked with developing wildfire community hardening standards to reduce fire risk and improve access to fire insurance. It will provide recommendations to state departments and produce a report by July 1, 2027, on further actions for supporting home hardening and wildfire mitigation. The legislation requires periodic updates of these standards and allows the commission to undertake actions like data sharing and collaboration with legislative committees. Additionally, it mandates the Department of Insurance to collaborate with relevant state agencies to devise guidelines for data sharing on wildfire risk. The bill addresses constitutional requirements for public access to meetings and writings of public bodies, and stipulates that if state-mandated costs arise from the bill, reimbursements will be provided as per existing statutory procedures.

Current Analysis: 09/13/25 S Floor Analyses (text
09/05/25)
Last Amend: 09/05/2025
Governo
r's Messa
ge:

VETOED: 10/13/2025 PDF
SB 625 Wahab, D HTML PDF
Housing developments: disasters: reconstruction of destroyed or damaged structures.

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Status: 10/10/2025 - Approved by the Governor. Chaptered by Secretary of State. Chapter 548, Statutes of 2025.

Summary: The text describes a bill that amends existing laws regarding housing development and disaster recovery in California. It builds upon the Davis-Stirling Common Interest Development Act, prohibiting restrictions on rebuilding residential structures damaged in disasters and ensuring a fair review process for reconstruction applications. It mandates courts to award attorney fees to owners who prevail in enforcing these provisions.

Additionally, the bill modifies the Planning and Zoning Law to permit a streamlined approval process for housing projects on sites where homes were destroyed or damaged by disasters, requiring local governments to approve these developments within 90 days if they meet specific standards. It also invalidates local ordinances that restrict temporary housing solutions like mobile homes post-disaster for three years. Furthermore, the bill emphasizes adherence to labor standards and criminalizes false certifications to enforce these standards. Under the California Environmental Quality Act, the bill expands exemptions for ministerial projects, allowing certain developments to bypass environmental reviews. Finally, the bill considers these changes a statewide concern, affecting all cities, and specifies that no state reimbursement is needed for local agencies to implement these mandates.

Current Analysis: 09/08/25 S Floor Analyses (text
09/02/25)
Last Amend: 09/02/2025
Chapter No. 548
SB 627 Wiener, D HTML PDF
Law enforcement: masks.

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Bill information
Status: 09/20/2025 - Chaptered by Secretary of State - Chapter 125, Statutes of 2025 Summary: The existing law penalizes wearing disguises to evade recognition during crimes. A proposed bill extends these restrictions to law enforcement officers, prohibiting them from wearing facial coverings while performing duties, unless specified otherwise. This applies to peace officers and agents from local, state, or federal agencies. Violations would be treated as infractions or misdemeanors. By July 1, 2026, all California law enforcement agencies must have a public policy limiting facial covering usage. Personnel can be exempt if their agency has a policy by that date, unless challenged by the public. The bill also introduces civil penalties for officers using facial coverings during wrongful acts, like false arrests. Agencies have 90 days to address policy deficiencies before legal challenges can proceed. The bill mandates new responsibilities for local law enforcement, creating a state-mandated local program, and includes guidelines for reimbursement of associated state-mandated costs. It declares its provisions severable, meaning if part of the bill is invalidated, the rest can still stand.

Current Analysis: 09/11/25 S Floor Analyses (text
09/05/25)
Last Amend: 09/05/2025
Chapter No. 125
Governo
r's Messa
ge:

CHAPTERED: 9/20/2025 PDF
SB 629 Durazo, D HTML PDF

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Wildfires: fire hazard severity zones: post-wildfire safety areas.

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Bill information
Status: 10/11/2025 - Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

Summary: Existing law requires the State Fire Marshal to identify fire hazard severity zones in California as moderate, high, or very high, based on certain criteria. These zones are reviewed periodically. Once zones are identified, local agencies must publicize the information for community input and make it accessible, often using maps. Property owners in very high fire hazard zones must implement fire risk management practices, such as maintaining a 100-foot defensible space. The State Fire Marshal develops guidelines, including enforcement mechanisms like site inspections, to ensure compliance with these requirements. This bill proposes that fire severity zones also consider areas affected by wildfires that meet specific criteria, such as burning over 1,000 acres or resulting in fatalities. It mandates that the methodology for determining these zones be published online prior to finalization. The bill also introduces the concept of a "post-wildfire safety area" for any region affected by significant wildfires after January 1, 2025. When such areas are designated, state fire protection standards will apply, bypassing standard procedural rules under the Administrative Procedure Act. Local agencies must quickly disseminate information about these areas by updating notices at relevant offices and posting maps online. The bill requires adjustments to local safety and zoning plans to address these new zones. Additionally, the state may need to reimburse local agencies for costs associated with implementing these mandates, as determined by the Commission on State Mandates.

Current Analysis: 10/15/25 S Floor Analyses (text
09/18/25)
Last Amend: 09/02/2025
Governo
r's Messa
ge:

VETOED: 10/11/2025 PDF
SB 634 Pérez, D HTML PDF
Local government: homelessness.

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Bill information
Status: 10/10/2025 - Approved by the Governor. Chaptered by Secretary of State. Chapter 521, Statutes of 2025.

Summary: The California Constitution allows local governments to create and enforce ordinances, as long as they do not conflict with state laws. Normally, violating a local ordinance is considered a misdemeanor unless specified otherwise. A new bill proposes that local governments cannot enact or enforce ordinances preventing individuals or organizations from offering specified support services to homeless individuals or assisting them with basic survival needs. The bill defines relevant terms and emphasizes that these changes are a matter of statewide concern, applying to all cities, including charter cities.

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Current Analysis: 09/09/25 S Floor Analyses (text
06/24/25)
Last Amend: 06/24/2025
Chapter No. 521
SB 639 Ashby, D HTML PDF
Zoning: Sacramento-San Joaquin Valley.

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Bill information
Status: 10/13/2025 - Approved by the Governor. Chaptered by Secretary of State. Chapter 777, Statutes of 2025.

Summary: Existing law mandates cities and counties in the Sacramento-San Joaquin Valley to align their general plans and zoning ordinances with the Central Valley Flood Protection Plan.

They are prohibited from engaging in development agreements, approving new construction permits, or approving subdivision maps in flood hazard zones until certain findings are met. One key finding is demonstrating significant progress in building a flood protection system meeting or exceeding the urban level of flood protection by 2025. A proposed bill would extend this deadline to 2030 for specific areas, including the City of Marysville, City of Sacramento, County of Sacramento, County of Sutter, and County of Yuba. Additionally, the Department of Water Resources may require these jurisdictions to cover their share of property damage costs from floods until they achieve the required level of flood protection. The bill emphasizes the need for this special statute for these specified areas.

Current Analysis: 09/03/25 S Floor Analyses (text
07/17/25)
Last Amend: 07/17/2025
Chapter No. 777
SB 641 Ashby, D HTML PDF
Department of Consumer Affairs and Department of Real Estate: states of emergency: waivers and exemptions.

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Bill information
Status: 10/13/2025 - Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

Summary: The bill allows the Department of Real Estate and boards under the Department of Consumer Affairs to waive certain licensure requirements for individuals affected by a natural disaster declared as a state of emergency by the Governor or President. This includes waiving examination fees and continuing education requirements. Boards must notify the Department of Consumer Affairs' director of any waiver, which will not take effect until five business days after notification. The director can approve or disapprove these waivers within the five-day period; if they fail to give a decision, the waiver automatically takes effect the day after this period. The Department of Consumer Affairs must post effective waivers online. Licensees are exempt from duplicate license fees but must provide an email address to their board. Contractors cannot perform debris removal

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without proper licenses or authorization during emergencies, and must pass a hazardous substance certification exam and meet occupational safety requirements. The Real Estate Commissioner must identify and notify the public of any unlawful practices following a natural disaster and can suspend or revoke a license if a licensee offers to purchase property in the affected area for below its market value within a year of the disaster declaration. The bill is an urgency statute, taking effect immediately.

Current Analysis: 09/12/25 S Floor Analyses (text
09/04/25)
Last Amend: 09/04/2025
Governo
r's Messa
ge:

VETOED: 10/13/2025 PDF
SB 653 Cortese, D HTML PDF
Wildfire prevention: environmentally sensitive vegetation management.

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Bill information
Status: 10/13/2025 - Approved by the Governor. Chaptered by Secretary of State. Chapter 778, Statutes of 2025.

Summary: The current law tasks the Department of Forestry and Fire Protection, following the State Board of Forestry and Fire Protection's policies, with aiding local governments in preventing high-intensity wildfires. This involves sharing expertise in wildland fire prevention and vegetation management. The proposed bill introduces the concept of an "environmentally sensitive vegetation management project," which aims to reduce longterm wildfire risks while promoting native wildlife and biodiversity. Additionally, it would require state public entities to consider specific criteria when developing funding guidelines for grants that support these types of vegetation management projects.

Current Analysis: 09/03/25 S Floor Analyses (text
06/25/25)
Last Amend: 06/25/2025
Chapter No. 778
SB 663 Allen, D HTML PDF
Winter Fires of 2025: real property tax: exemptions and reassessment.

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Bill information
Status: 10/10/2025 - Approved by the Governor. Chaptered by Secretary of State. Chapter 549, Statutes of 2025.

Summary: The California Constitution limits property tax rates to 1% of a property's full value, which is generally based on a 1975-76 valuation or a more recent appraisal after purchase, construction, or change in ownership. New construction is assessed at full value unless reconstruction follows a disaster, fitting specific criteria, like being substantially equivalent to the pre-disaster property. This bill extends the time frame for transferring base year values from five to eight years for properties damaged in specific fires between November

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2024 and February 2025, imposing new responsibilities on local tax officials. Local governments can reassess damaged properties after a major disaster. The bill lengthens the time to apply for reassessment from 12 to 24 months for properties affected by the mentioned fires, increasing duties related to perjury laws. Disabled veterans normally get tax exemptions for their principal residences; this bill extends the exemption to homes destroyed in a state-declared emergency, with certain conditions. It also allows use-based exemptions for properties damaged by the specified fires if they had such exemptions in 2025 and have not changed ownership. This statute is specified for Los Angeles and Ventura counties. The state typically reimburses local governments for mandated costs, but this bill specifies no reimbursement for certain mandates unless determined otherwise by the Commission on State Mandates. Additionally, local governments will not receive reimbursement for revenue lost due to these changes. The bill is designed to take immediate effect as an urgent statute.

Current Analysis: 09/11/25 S Floor Analyses (text
09/04/25)
Last Amend: 09/04/2025
Chapter No. 549
SB 682 Allen, D HTML PDF
Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances.

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Bill information
Status: 10/13/2025 - Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

Summary: Existing law mandates the Department of Toxic Substances Control to establish regulations by January 1, 2029, controlling certain substances known as PFAS. These regulations include banning the sale and distribution of specific products containing these chemicals, with enforcement starting July 1, 2030. Manufacturers must register, pay fees, and certify compliance, while the department can test products and impose penalties for non-compliance. The new bill, effective January 1, 2028, will prohibit the sale of certain products like cleaning products, dental floss, food packaging, and others if they contain intentionally added PFAS, with some exemptions. This prohibition extends to cookware starting January 1, 2030. The bill requires the department to potentially adopt regulations by January 1, 2029, and strengthens enforcement without requiring manufacturers to register or pay fees, but they must provide a compliance certificate upon request.

Exemptions are granted for previously used products and components as specified.

Current Analysis: 09/12/25 S Floor Analyses (text
09/09/25)
Last Amend: 09/09/2025
Governo
r's Messa
ge:

VETOED: 10/13/2025 PDF
SB 695 Cortese, D HTML PDF
Transportation: climate resiliency: projects of statewide and regional significance.

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Bill information
Status: 10/13/2025 - Approved by the Governor. Chaptered by Secretary of State. Chapter 781, Statutes of 2025.

Summary: The State Transportation Infrastructure Climate Adaptation Program, managed by the Department of Transportation, is responsible for creating and implementing projects to adapt state transportation systems to climate change. The department, in consultation with the Transportation Agency and the California Transportation Commission, must develop a list of top priority climate adaptation projects for approval. These projects are evaluated based on their ability to maintain or improve mobility, economic activity, goods movement, and safety, among other factors. The new bill mandates the department to annually compile a prioritized list of significant statewide and regional projects to bolster preparedness for extreme weather events, using specified criteria. Additionally, starting January 1, 2027, the department must submit this prioritized list to the Legislature annually.

Current Analysis: 09/02/25 A Floor Analysis (text
03/26/25)
Last Amend: 03/26/2025
Chapter No. 781
SB 707 Durazo, D HTML PDF
Open meetings: meeting and teleconference requirements.

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Bill information
Status: 10/03/2025 - Chaptered by Secretary of State - Chapter 327, Statutes of 2025 Summary: The bill modifies existing laws related to public meetings of legislative bodies in local agencies. Key changes include: 1. **Public Access and Participation:** From July 1, 2026, to January 1, 2030, legislative bodies must offer a 2-way telephonic or audiovisual option for public meetings, encouraging public participation. They need policies for disruptions in these services. 2. **Use of Social Media:** Existing exceptions allowing separate communications on social media platforms without violating open meeting laws will be made indefinite. 3. **Compensation Reporting:** Legislative bodies must publicly report compensation recommendations for department heads and similar officers before final actions. 4. **Agenda Translation:** From July 1, 2026, to July 1, 2030, agendas must be translated into languages spoken by 20% of the local population with limited English proficiency. 5. **Distribution of the Ralph M. Brown Act:** Local agencies must provide copies of the act to elected or appointed body members. 6. **Recording of Meetings:** References to specific recording devices are removed, broadening recording rights during public meetings. 7. **Teleconferencing Provisions:** The bill revises teleconferencing rules to ensure public notice and accessibility, allowing remote participation in emergencies or just cause scenarios. Agencies must list meeting venues and comply with disclosure requirements. Adjustments include broadening definitions such as "just cause" and specifying requirements for remote participation.

Current Analysis: 09/13/25 S Floor Analyses (text
09/05/25)
Last Amend: 09/05/2025
Chapter No. 327

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SB 710 Blakespear, D HTML PDF
Property taxation: active solar energy systems.

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Bill information
Status: 10/03/2025 - Chaptered by Secretary of State - Chapter 328, Statutes of 2025 Summary: The California Constitution limits property taxes to 1% of a property's full cash value, usually determined at its last purchase or when new construction or ownership change occurs. There is a tax exclusion for newly constructed active solar energy systems, allowing them to be exempt from property tax reassessment until the property changes ownership, but only until January 1, 2027. A proposed bill aims to make this exclusion inoperative on the same date, January 1, 2027. It also includes additional modifications to be effective only if another related bill, AB 1516, is also passed and this bill is enacted afterward.

Current Analysis: 09/09/25 S Floor Analyses (text
09/05/25)
Last Amend: 09/05/2025
Chapter No. 328
SB 720 Ashby, D HTML PDF
Automated traffic enforcement system programs.

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Bill information
Status: 10/13/2025 - Approved by the Governor. Chaptered by Secretary of State. Chapter 782, Statutes of 2025.

Summary: The existing law allows the use of automated traffic enforcement systems at intersections where drivers must stop, provided they adhere to specific requirements like proper signage and adequate yellow light intervals. It also permits a pilot program until 2032 for speed enforcement using speed safety systems in certain California cities, with violations resulting in civil penalties. A new bill expands this authorization to include the use of these systems for detecting traffic signal violations, imposing escalating civil penalties for such infractions. It outlines a process for issuing violation notices, reviews, hearings, and appeals. The bill ensures that local jurisdictions consider the risks to traffic and pedestrian safety when using automated systems. It requires a $25 fee for appealing notices from these systems and aligns its provisions with Section 70615 of the Government Code, contingent upon the passage of a related bill, AB 289. The bill also includes legislative findings on the necessity of limiting public access to certain government meetings and writings.

Current Analysis: 09/12/25 S Floor Analyses (text
09/04/25)
Last Amend: 09/04/2025
Chapter No. 782
Governo
r's Messa
ge:

CHAPTERED: 10/13/2025 PDF

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SB 753 Cortese, D HTML PDF
Special business regulations: shopping carts.

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Bill information
Status: 10/13/2025 - Approved by the Governor. Chaptered by Secretary of State. Chapter 785, Statutes of 2025.

Summary: Under existing law, local governments can impound shopping carts with certain conditions, including a 3-day advance notice to the cart owner. The new bill allows local governments to not only impound but also return shopping carts to the retailer, charging up to $100 for the retrieval and return. This bill also mandates that the notice to the cart owner includes proof of delivery and requires the local government to keep a record of this proof. Previously, owners could be fined up to $50 for failing to retrieve carts after three instances in six months; this bill increases the fine to $100 per occurrence.

Current Analysis: 09/11/25 S Floor Analyses (text
09/04/25)
Last Amend: 09/04/2025
Chapter No. 785
SB 757 Richardson, D HTML PDF
Local government: nuisance abatement.

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Bill information
Status: 10/11/2025 - Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

Summary: The proposed bill authorizes cities or counties to collect fines for specific nuisance abatement violations using a nuisance abatement lien or a special assessment until January 1, 2035. Funds collected from these fines must be used for streamlining housing development permits or establishing housing-related loan funds. The bill mandates a hardship waiver process to reduce fines for those who qualify. Specifically, it requires a total waiver for individuals with incomes at or below 200% of the federal poverty line.

Additionally, before imposing penalties, enforcing entities must provide a 60-day correction period for violations, unless they pose an immediate health or safety risk.

Current Analysis: 08/15/25 S Floor Analyses (text
07/03/25)
Last Amend: 07/03/2025
Governo
r's Messa
ge:

VETOED: 10/11/2025 PDF
SB 783 Rubio, D HTML PDF
Outdoor advertising displays: redevelopment agency project areas.

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Bill information
Status: 10/13/2025 - Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

Summary: The Outdoor Advertising Act is a law that regulates advertising displays visible from public highways. It controls off-premises displays, which promote businesses, services, or goods not located on the same property as the display. It does not apply to on-premises displays, which promote businesses, services, or goods located on the same property. However, off-premises displays that are part of redevelopment agency projects, as defined by boundaries existing on December 29, 2011, can be considered on-premises displays if they meet specific criteria. These displays were initially allowed to remain until January 1, 2026. The new bill extends this authorization by three years to January 1, 2029.

Current Analysis: 09/06/25 S Floor Analyses (text
07/15/25)
Last Amend: 07/15/2025
Governo
r's Messa
ge:

VETOED: 10/13/2025 PDF
SB 805 Pérez, D HTML PDF
Crimes.

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Bill information
Status: 09/20/2025 - Chaptered by Secretary of State - Chapter 126, Statutes of 2025 Summary: The bill revises existing laws that prohibit impersonating certain officials to extend these prohibitions and clarify definitions. It includes impersonating law enforcement officers, such as federal officers, through any means for fraudulent purposes. Violations are misdemeanors. From January 1, 2026, non-uniformed law enforcement officers in California must display IDs showing their agency and either name or badge number when on duty, with certain exceptions. Agencies must have publicly posted policies on ID display, supporting transparency and public trust. Exemptions from penalties for not displaying ID are possible unless challenged. If deficiencies in agency policy are not corrected within 90 days, legal action can be pursued. The bill prohibits bail fugitive recovery agents from engaging in immigration enforcement and from sharing personal information for immigration purposes. The legislation states financial implications for local governments and outlines procedures for state reimbursement of costs. It is classified as an urgency statute, set to take effect immediately.

Current Analysis: 09/11/25 S Floor Analyses (text
09/05/25)
Last Amend: 09/05/2025
Chapter No. 126
SB 827 Gonzalez, D HTML PDF
Local agency officials: training.

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Bill information
Status: 10/11/2025 - Approved by the Governor. Chaptered by Secretary of State. Chapter 661, Statutes of 2025.

Summary: The existing law mandates ethics training for certain local agency officials, requiring two hours of training every two years, with the first session within one year of starting service.

This records of these trainings are maintained by local agencies. The new bill broadens the requirement to include department heads and similar roles, mandating that officials who begin service from January 1, 2026, complete their initial training within six months.

The bill requires local agencies to post training record request instructions on their websites and introduces at least two hours of fiscal and financial training every two years for all defined local agency officials, exempting those already compliant with specific educational prerequisites. Agencies or associations can partner with course providers to develop training materials in consultation with local government finance experts, ensuring proof of participation for recordkeeping. Local agencies must annually update information on available training. This imposes additional duties, creating a state-mandated local program, acknowledging statewide concern, and applicable to all cities, including charter cities. If state-mandated costs arise, procedures for reimbursement are established through statutory provisions.

Current Analysis: 09/08/25 S Floor Analyses (text
09/02/25)
Last Amend: 09/02/2025
Chapter No. 661
SB 855 Committee on Military and Veterans Affairs HTML PDF Sale of armories.

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Bill information
Status: 10/07/2025 - Chaptered by Secretary of State - Chapter 461, Statutes of 2025 Summary: Existing law allows the Director of General Services, with approval from the Adjutant General, to lease or sell real estate held for armory purposes, but only with legislative approval. Proceeds from these transactions are required to be deposited into the Armory Fund and used for specific armory-related purposes as determined by the Legislature.

The new bill proposes to extend this authority to also include transferring or exchanging armories, still subject to legislative approval and the same conditions regarding the use of proceeds.

Current Analysis: 09/02/25 A Floor Analysis (text
03/06/25)
Chapter No. 461
Total measures: 134
Total Tracking Forms: 256

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CITY OF CUPERTINO
Agenda Item
25-14309 Agenda Date:
12/16/2025 Agenda #: 7.

Subject: Appointment of 2026 Council Committee assignments Ratify 2026 Council Committee assignments
CITY OF CUPERTINO Page 1 of 1 Printed on 12/10/2025
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OFFICE OF THE CITY CLERK

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: December 16, 2025
Subject
Appointment of 2026 Council Committee assignments
Recommended Action
Ratify 2026 Council Committee assignments
Background
The City Council appoints Councilmembers to serve as representatives to local and regional organizations. Per the City Council Procedures Manual (Resolution No. 25-021), the Mayor appoints Councilmembers to standing and ad hoc committees and subcommittees established by the City Council, subject to ratification by the Council at its next regular meeting. It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council. The Mayor and Vice Mayor shall be selected annually at a special meeting on the second Thursday of December.

To ensure continuous and adequate Councilmember representation, especially for regional boards and committees that begin convening for the 2026 calendar year in January, draft 2026 committee assignments are being proposed at this December meeting for approval.

Reasons for Recommendation and Available Options
The selection of the new Mayor was pending at the time the City Council agenda was produced on December 10th.

Following the Mayor's appointment, the new Mayor will designate Councilmembers to the standing committees. The City Council will subsequently review the list of appointments (Attachment A), with the authority to ratify or modify the Mayor’s selections in accordance with the Procedures Manual.

Staff anticipates that the draft 2026 committee assignments will be finalized shortly before the December 16th City Council meeting and presented as a desk item on the day of the meeting.

It is recommended that the City Council approve the proposed 2026 Council Committee Assignments on December 16th.
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Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
None
Council Goal:

N/A
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Lauren Sapudar, Deputy City Clerk
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager / City Clerk Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft 2026 Council Committee Assignments (forthcoming on December 16) 424
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Attachment A – Draft 2026 Council Committee Assignments is forthcoming as a separate desk item on Tuesday, December 16, 2025.
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CITY OF CUPERTINO
Agenda Item
25-14310 Agenda Date:
12/16/2025 Agenda #: 8.

Subject: City Council meeting schedule through January 20, 2027 Adopt Resolution No. 25-105 establishing the City Council meeting schedule through January 20, 2027 CITY OF CUPERTINO Page 1 of 1 Printed on 12/10/2025
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OFFICE OF THE CITY CLERK

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: December 16, 2025
Subject
City Council meeting schedule through January 20, 2027
Recommended Action
Adopt Resolution No. 25-___ establishing the City Council meeting schedule through January 20, 2027
Background
The Cupertino Municipal Code (CMC) 2.04.010 establishes the complete set of rules for the City Council meeting schedule. Specifically, the Code sets regular City Council meetings on the first and third Tuesdays of each month, commencing at 6:45 p.m. Furthermore, on all regular meeting days, the City Council shall reserve the time beginning at 5:30 p.m. for closed sessions. The CMC also provides specific rules for schedule adjustments: City Council meetings that fall on legal holidays shall automatically be moved to the following day and shall maintain the status of a regular meeting. Additionally, City Council meetings that fall on any Election Tuesday in a regular Cupertino election year shall automatically be moved to the first Monday of the month and shall maintain the status of a regular meeting.

The City Council has the authority to cancel a regular meeting by a vote of a majority of the Council. The City Council Procedures Manual (Resolution No. 25-021) establishes standard rules for scheduling meetings, including provisions for the annual recess period and other calendar adjustments. Past City Council practice has been to reschedule regular meetings that occur immediately after a holiday closure. The City Council may reschedule meetings that occur the day after a holiday to allow additional time for Council to review the agenda packet, submit questions, and for staff to prepare responses. Meetings that are moved will retain the identical format and agenda content (including Oral Communications) of the meeting being replaced. The draft resolution (Attachment A) sets regular City Council meeting dates for the calendar year 2026 and follows the regular first- and third-Tuesday meeting schedule except for meetings affected by holiday closures, the annual recess period, or the annual mayor and vice mayor election.

Reasons for Recommendation
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January 2026 Meeting Schedule
The January 2026 meeting schedule was already established as part of the Council meeting schedule through January 21, 2026 (Resolution No. 24-121). The meeting scheduled for Tuesday, January 6, 2026, at 6:45 PM is cancelled. The meeting originally scheduled for Tuesday, January 20, 2026, at 6:45 PM was moved to Wednesday, January 21, 2026, because it was impacted by the Martin Luther King Jr. holiday. No further action is needed for either date.

February 2026 Holiday Closure
One regular City Council meeting date in 2026 is affected by holiday closures: February 17 (Tuesday), which immediately follows a two-day holiday closure on February 16 and 17. It is proposed that the regular meeting scheduled for February 17 be cancelled and replaced with an alternative meeting on February 19 (Thursday).

August 2026 Annual Recess
The City Council Procedures Manual (Resolution No. 25-021) establishes a regular annual recess period beginning on the first Tuesday in August and ending the Tuesday following Labor Day.

In 2026, Labor Day falls on Monday, September 7. Since the standard recess period would end the day after the regularly scheduled Tuesday meeting on September 1, 2026, staff recommends that the City Council suspend the recess provision in the Procedures Manual for this period. This will allow the Council to hold the regularly scheduled meeting on Tuesday, September 1, 2026.

November 2026 Election Day
The regular meeting is moved from Tuesday, November 3, 2026, to Monday, November 2, 2026, at 6:45 PM, in accordance with CMC 2.04.010.

December 2026 Mayor and Vice Mayor Election
The Mayor and Vice Mayor are selected annually at a special meeting on the second Thursday of December. A special meeting has been added on December 10 for the Election of Mayor and Vice Mayor.

January 2027 Holiday Closure
Staff also recommends cancelling the January 5, 2027 meeting, which immediately follows the City’s annual holiday closure; and moving the January 19, 2027 meeting to January 20, 2027 to avoid having a meeting the day after the holiday on January 18.

COUNCIL MEETING CALENDAR
Meeting Date Start Time
Tuesday, January 6, 2026 6:45 PM Cancelled
Tuesday, January 20, 2026
Wednesday, January 21, 2026
6:45 PM Moved for Martin Luther
King Day
Tuesday, February 3, 2026 6:45 PM
Tuesday, February 17, 2026
Thursday, February 19, 2026
6:45 PM Moved for Lunar New Year
Tuesday, March 3, 2026 6:45 PM
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Tuesday, March 17, 2026 6:45 PM
Tuesday, April 7, 2026 6:45 PM
Tuesday, April 21, 2026 6:45 PM
Tuesday, May 5, 2026 6:45 PM
Tuesday, May 19, 2026 6:45 PM
Tuesday, June 2, 2026 6:45 PM
Tuesday, June 16, 2026 6:45 PM
Tuesday, July 7, 2026 6:45 PM
Tuesday, July 21, 2026 6:45 PM
Tuesday, August 4, 2026 6:45 PM Cancelled for Council Recess Tuesday, August 18, 2026 6:45 PM Cancelled for Council Recess Tuesday, September 1, 2026 6:45 PM
Tuesday, September 15, 2026 6:45 PM
Tuesday, October 6, 2026 6:45 PM
Tuesday, October 20, 2026 6:45 PM
Tuesday, November 3, 2026
Monday, November 2, 2026
6:45 PM Moved for Election Day per
CMC 2.04.010
Tuesday, November 17, 2026 6:45 PM
Tuesday, December 1, 2026 6:45 PM
Thursday, December 10, 2026 TBD Special Meeting (Election Results and Swearing-in
Ceremony)
Tuesday, December 15, 2026 6:45 PM
Tuesday, January 5, 2027 6:45 PM Cancelled
Tuesday, January 19, 2027
Wednesday, January 20, 2027
6:45 PM Moved for Martin Luther
King Day
It is recommended that the City Council adopt Resolution No. 25-___ establishing the City Council meeting calendar through January 20, 2027. If Council wishes to authorize the changes, staff will provide meeting notifications to the public in advance. The proposed resolution does not limit the ability of the City Council to schedule additional meetings as authorized by the Municipal Code and in compliance with the Brown Act.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
None
Council Goal:

Public Engagement and Transparency
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California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Lauren Sapudar, Deputy City Clerk
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager/City Clerk Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Resolution
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RESOLUTION NO. 25-_____

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

ESTABLISHING THE CITY COUNCIL MEETING SCHEDULE
THROUGH JANUARY 20, 2027
WHEREAS, the City Council wishes to set an annual City Council meeting calendar to establish dates and times assisting City Council and staff with advance planning and scheduling of City business; and
WHEREAS, pursuant to Cupertino Municipal Code Section 2.04.010, the following calendar is established, notwithstanding the scheduling of additional regular meetings and the addition of special meetings and study sessions pursuant to the Brown Act; and
WHEREAS, pursuant to Resolution No. 25-021 adopting the Cupertino City Council Procedures Manual, Council sets a recess beginning the first Tuesday in August and ending the Tuesday following the week of Labor Day. The standard recess period would end the day after the regularly scheduled Tuesday meeting on September 1, 2026, the City Council suspend the recess provision in the Procedures Manual for this period and hold the regularly scheduled meeting on Tuesday, September 1, 2026; and
WHEREAS, the City Council wishes to cancel the meeting on Tuesday, February 17, 2026, and to call a special meeting on Thursday, February 19, 2026; and
WHEREAS, the Mayor and Vice Mayor shall be selected annually at a special meeting on the second Thursday of December; and WHEREAS, Council wishes to cancel the January 5, 2027 regular meeting; and
WHEREAS, Council wishes to cancel the January 19, 2027 regular meeting and call a special meeting on January 20, 2027.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby establish and order as follows.

SECTION 1. The City Council hereby establishes 6:45 p.m. as the regular meeting time for each regular meeting, except when Council is in recess. On 431
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Resolution No. 25-____

Page 2 ends

regular meeting days, the City Council shall reserve the time beginning at fivethirty p.m. for closed sessions.

SECTION 2. The City Council establishes the following meeting schedule through January 20, 2027.

Page 3 ends

Tuesday, November 3,
2026 Monday, November
2, 2026
6:45 PM Moved for Election Day
per CMC 2.04.010
Tuesday, November 17,
2026
6:45 PM
Tuesday, December 1, 2026 6:45 PM
Thursday, December 10,
2026
TBD Special Meeting (Election
Results and Swearing-in
Ceremony)
Tuesday, December 15,
2026
6:45 PM
Tuesday, January 5, 2027 6:45 PM Cancelled
Tuesday, January 19, 2027
Wednesday, January 20,
2027
6:45 PM Moved for Martin Luther
King Day
SECTION 3. With proper notice during the year, meetings may be cancelled or added as necessary pursuant to the Brown Act.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of December, 2025, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
Agenda Item
25-14470 Agenda Date:
12/16/2025 Agenda #: 9.

Subject: 2025 Commission and Committee Annual Activities Report Receive the 2025 Commission and Committee Activities Report CITY OF CUPERTINO Page 1 of 1 Printed on 12/10/2025
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OFFICE OF THE CITY CLERK

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Meeting: December 16, 2025
Subject
2025 Commission and Committee Annual Activities Report
Recommended Action
Receive the 2025 Commission and Committee Activities Report Reasons for Recommendation
Commissions are composed of members appointed by the City Council and serve as advisory bodies that consider public input and provide recommendations to the Council. Committees may also include Councilmembers or City staff among their membership and provide focused input on specific topics or functions. The scope and functions of each commission are defined in Cupertino Municipal Code Title 2 and are available on the City’s website.

In accordance with the Commissioners’ Handbook, each commission is required to present an annual report on its activities to the City Council.

This report provides a summary of commission and committee activities during the 2025 calendar year and highlights their advisory contributions to policy discussions and community initiatives (Attachment A).

The following commissions and committees are included in the report: Arts and Culture Commission, Audit Committee, Bicycle and Pedestrian Commission, Economic Development Committee, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Technology, Information, and Communications Commission, and Teen Commission.

The item is informational and provided to the City Council regarding the status of their activities.

Staff recommends that Council receive the report. No further action is required.

Sustainability Impact
No sustainability impact.

Fiscal Impact
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No fiscal impact.

City Work Program (CWP) Item/Description:

None
Council Goal:

Public Engagement and Transparency
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Kirsten Squarcia, Interim Deputy City Manager/City Clerk Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Report
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2025 Commission and Committee Annual Activities Report
Arts and Culture Commission

In 2025, the Arts and Culture Commission:
 Facilitated, judged, and awarded prizes for the City’s Artists Awards, which received over 200 applications.
 Studied the City’s Art In-Lieu Fee policy as part of the Council Work Program.  Invited regional art advocates and artists to speak about their work and advocacy.  Held a special offsite meeting in Palo Alto to learn how public–private partnerships can enhance local art.

Audit Committee
In 2025, the Audit Committee:
 Reviewed and approved the City’s Annual Comprehensive Financial Report (ACFR), Gann Limit, Investment Policy, and Storm Drain Agreed-Upon Procedures (AUP) report.
 Reviewed and provided recommendations on the City’s Investment Policies, Quarterly Treasurer’s Investment Reports, and OPEB & Pension Trust Performance Reports.
 Recommended the Internal Audit Work Program, forwarded completed audit reports to the City Council, and reviewed updates on the Fraud, Waste, and Abuse Program.  Formed a subcommittee to evaluate the City’s budget format and submitted recommendations to the City Council for consideration.

Bicycle and Pedestrian Commission
In 2025, the Bicycle and Pedestrian Commission:
 Advanced Cupertino’s Vision Zero Action Plan.
 Supported the development of the new Active Transportation Plan.  Contributed to the Stevens Creek Corridor Vision Study.  Continued their work improving bicycle facilities and multimodal safety across the city.

Economic Development Committee
In 2025, the newly established Economic Development Committee:
 Convened for the first time in November
 Discussed Economic Opportunities in 2026: Super Bowl LX  Brainstormed the 2026 Economic Development Committee (EDC) Work Plan Projects 437
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2025 Commission and Committee Annual Activities Report
Housing Commission

In 2025, the Housing Commission:
 Recommended funding for Mary Avenue Villas and Wolf Road Educator Housing, supporting affordable homes for people with disabilities and school employees.  Hosted public hearings for the 2025–2030 Consolidated Plan for HUD funding.  Conducted a study session on displacement issues and recommended an AntiDisplacement Policy to Council.  Discussed new state policies addressing homelessness and encampments.

Library Commission
In 2025, the Library Commission:
 Revised the Poet Laureate Playbook, improving recruitment and eligibility.  Appointed a new Poet Laureate for the 2026–2028 term.  Partnered with the Teen Commission and Senior Advisory Council to assess library service needs.
 Provided input on the County Library District’s draft policy on library programs and events.

Parks and Recreation Commission
In 2025, the Parks and Recreation Commission:
 Reviewed and evaluated FY 25–26 Community Funding Grant Program applications.  Provided feedback on the Capital Improvement Program and the Photovoltaic Systems Project.
 Formed a Senior Services Subcommittee to assess the needs of older adults.  Volunteered at community events including the Big Bunny 5K, Cupertino Campout, and Disco at Dusk.
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2025 Commission and Committee Annual Activities Report
Planning Commission

In 2025, the Planning Commission:
 Reviewed and provided comments on the establishment of Objective Design Standards for new multi-family residential and mixed-use developments.  Provided comments on the main issues the City’s Health and Safety Element update should focus on.
 Reviewed and recommended City Council approval of a 59-unit townhome development at the vacant Fontana’s and Pizza Hut restaurant sites on Stevens Creek Boulevard.
 Reviewed and recommended City Council approval of the final phase of the Westport redevelopment project on the former Oaks Shopping Center site.  Reviewed and recommended City Council approval of Zoning Ordinance updates for Accessory Dwelling Units (ADUs) and ministerial subdivisions in single-family neighborhoods.
 Reviewed and provided comments on the Stevens Creek Boulevard Corridor Vision Study.

Public Safety Commission
In 2025, the Public Safety Commission:
 Supported installation of Automatic License Plate Readers.  Improving the Office of Emergency Management’s outreach efforts.  Reviewing the County’s Alert and Warning Systems.
 Proposing enhancements to community crime prevention outreach.

Sustainability Commission
In 2025, the Sustainability Commission:
 Supported adoption of Building Performance Standards and FlexPath Codes to reduce emissions.
 Recommended approval of solar projects on City facilities.  Advanced the City’s Climate Action Plan 2.0.
 Engaged with residents at Earth & Arbor Day, Cherry Blossom, Bike Fest, and other community events.
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2025 Commission and Committee Annual Activities Report
Technology, Information & Communications Commission
In 2025, the Technology, Information, & Communication Commission:
 Hosted a Cybersecurity Awareness & Education Event.
 Promoted the Sheriff’s Camera Registry Program.
 Explored autonomous taxi integration in urban areas.
 Advocated for AI tools to improve efficiency in City government.

Teen Commission

In 2025, the Teen Commission:
 Helped plan the Teen Speaker Series and Teen Resource Fair.  Highlighted Youth-Led Organizations on the City’s social media.  Served as emcees at Monster Mash, Big Bunny 5K, and Earth & Arbor Day.  Moderated and judged the Youth Spelling Bee.
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CITY OF CUPERTINO
Agenda Item
25-14398 Agenda Date:
12/16/2025 Agenda #:

10. Subject: Consideration of a new residential development project consisting of 55-townhomecondominium units and 10 ADUs, housed within ten three-story buildings, on three contiguous parcels, totaling 2.72-acres, located on the south side of Stevens Creek Boulevard at the present location of the United Furniture site. (Application No(s): DP-2024-004, ASA-2024-008, TM-2024-005, & U-2025-004; Applicant(s): Nick Kosla (Toll Brothers); Location: 10075 E. Estates & 19610 Stevens Creek Blvd. (A.P.N.: 369-06-002, -003, -004)

1. Find the project exempt from the California Environmental Quality Act (CEQA)

2. Approve the following:
a. Adopt Resolution No. 25-106 approving Development Permit (DP-2024-004) (Attachment A); b. Adopt Resolution No. 25-107 approving Use Permit (U-2025-004) (Attachment B); c. Adopt Resolution No. 25-108 approving Architectural & Site Approval Permit (ASA-2024-008) (Attachment C); and
d. Adopt Resolution No. 25-109 approving Tentative Final Map (TM-2024-005) (Attachment D).

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COMMUNITY DEVELOPMENT DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Meeting: December 16, 2025
Subject
Consideration of a new residential development project consisting of 55-townhomecondominium units and 10 ADUs, housed within ten three-story buildings, on three contiguous parcels, totaling 2.72-acres, located on the south side of Stevens Creek Boulevard at the present location of the United Furniture site. (Application No(s): DP2024-004, ASA-2024-008, TM-2024-005, & U-2025-004; Applicant(s): Nick Kosla (Toll Brothers); Location: 10075 E. Estates & 19610 Stevens Creek Blvd. (A.P.N.: 369-06-002, - 003, -004)
Recommended Actions

1. Find the project exempt from the California Environmental Quality Act (CEQA)

2. Approve the following permits:
a. Adopt Resolution No. 25-___ approving Development Permit (DP-2024-004) (Attachment A);
b. Adopt Resolution No. 25-___ approving Use Permit (U-2025-004) (Attachment B);
c. Adopt Resolution No. 25-___ approving Architectural & Site Approval Permit (ASA-2024-008) (Attachment C);
d. Adopt Resolution No. 25-___ approving Tentative Final Map (TM-2024-005) (Attachment D)
Discussion
Project Data
General Plan Land Use
Designation
Commercial / Office / Residential at a maximum
residential density of 25 du/acre*
Special Planning Area Heart of the City Specific Plan (East Stevens Creek Boulevard subarea)
Zoning Designation P(CG, Res)
Lot Area 2.72 acres (gross), 2.68 acres (net)
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Allowed/Required Proposed
Maximum Density Up to 25 units per acre* 20.52 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.
44’-4 1/2”
Setbacks
Front 35 feet from edge of curb 35 feet from edge of curb Sides One-half height of building
(20’-8”)
10 feet
(Waiver Requested)
Rear One and one-half height of
building (62’-2”)
11” – Richwood Drive
(Waiver Requested)
Usable Open Space
Common 150 square feet per unit
(8,250 square feet) 28,242 square feet
Private 60 square feet per unit and no
dimension less than 6 feet
Average per unit 396
square feet
Project Consistency with:

General Plan1 Consistent under SB330 and state density bonus law.

Density bonus concession for mixed-use requirement
requested
Specific Plan2 Consistent under state density bonus law. Density bonus waivers requested for setbacks, common open
space design, and retail requirements
Zoning Consistent under SB330 and state density bonus law.

Density bonus waivers requested for lot coverage.
* 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 a SB330 preliminary application apply. While the site is a Housing Element site (Priority Housing Site no(s). 34-36) in the 6th Cycle Housing Element, and has a minimum density of 65 du/ac and a maximum density of 80 du/ac, under SB330 the applicable residential is 25 du/ac.

Executive Summary

1 The applicable General Plan can be found online at
https://records.cupertino.org/WebLink/DocView.aspx?id=1019620&dbid=0&repo=CityofCupertino&_gl=1 *gufghv*_ga*OTc5OTgwMjc4LjE3NDQ3Mzc0NDM.*_ga_NCY1KGMD5Y*czE3NDkwMDIwNzAkbzY2J GcxJHQxNzQ5MDAyMDgwJGo1MCRsMCRoMA..
2 The applicable version of the Heart of the City Specific Plan can be found online at https://www.cupertino.gov/files/assets/city/v/1/departments/documents/communitydevelopment/planning/land-use-plans/heart-of-the-city-specific.pdf 443
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This report outlines a project proposed by
Toll Brothers, for the development of 55-
unit townhome condominiums located at
the United Furniture site. The report
covers the applicable State laws,
including the Housing Accountability
Act, Housing Crisis Act, No Net Loss law,
and Density Bonus law, CEQA and local
standards applicable to the project.

Background
On July 31, 2024, the City received an
application to redevelop the property
located at 10075 E. Estates & 19610
Stevens Creek Blvd., known as the
United Furniture site. The project site
is located within the East Stevens Creek Boulevard subarea of the Heart of the City (“HOC”) Specific Plan Area.

The 2.68 net-acre property is bounded by Stevens Creek Boulevard to the north, East Estates Drive to the east, and Richwood Dr. to the south. The site abuts single-family residences along Richwood Drive to the south, Marketplace Shopping Center to the west, and The Rise development site to the north. (See Figure 1) One multi-tenant, 35,170 square foot commercial building is currently located onsite, which includes an operating furniture store (United Furniture) and several vacant spaces.

The project site was designated as a Priority Housing Site through the adoption of the City’s 2024 Housing Element update in May 2024 and rezoned two months later in July to accommodate high-density residential development, consistent with the site’s location on Stevens Creek Boulevard. However, at the time the SB330 preliminary application was submitted in February 2024, the City did not have a certified Housing Element and the development standards in place at that time were essentially “locked in” by the submittal of the preliminary application.3
Therefore, 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 February 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

3 Housing Element available online at: www.cupertino.gov/gp. See Table B4-9 in Appendix B.

Stevens Creek
Blvd.

E. Estates Drive
Figure 1 Site Location
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where the Specific Plan is silent, development must adhere to Multifamily (R-3) zoning regulations. Principally, the proposed project consists of 55 townhome-style condominiums. Review of the project is limited by several State laws including the Housing Accountability Act, the Housing Crisis Act (SB330) and Density Bonus Law.

Housing Accountability Act
The Housing Accountability Act (HAA), codified in California Government Code § 65589.5, prohibits cities from disapproving, or adding conditions of approval that would render infeasible a housing development project unless the proposal is found to be in violation of an objective general plan or zoning standard 4or the project will result in a specific adverse impact to public health and safety. While changes to the project may be applied by the decision-making, or hearing, body to further applicable City goals, policies, and strategies – any changes required by the decision-making, or hearing, body that are not based on objective standards may not result in making the project, as proposed, infeasible or reduce the number of housing units.

As this project consists exclusively of residential units, it is considered 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 by local agencies. Among many components, the law includes a provision to allow applicants to vest ("lock-in") fees, ordinances, policies, and standards that are in effect at the time of submittal of a SB330 preliminary application to the City. Only the limited information specified in State law is required for the submittal of a SB330 preliminary application.

Further, the law prohibits the City from conducting more than five hearings, or meetings, in connection with the approval of a housing development project.

In summary, the proposed project is governed by a SB330 preliminary application submitted on February 7, 2024, and, in accordance with the requirements of the HCA, the project was reviewed under the requirements in effect at that time. As noted previously, the project site is located on a Priority Housing Site; however, the project is not subject to the newly adopted standards (including increased density requirements) and Housing Element updates as the SB330 preliminary application for the project was submitted prior to the Housing Element’s adoption in May 2024, three months after the preliminary application was received by the City.

4 Unless otherwise waived or reduced through use of the Density Bonus law, discussed further below. 445
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Density Bonus Law
California’s Density Bonus Law (DBL), codified in California Government Code § 65915- 65918, aims to promote and facilitate the creation of affordable units in new housing projects by allowing:
 A density "bonus" that allows for an increase to a property’s base density5;  Unlimited waivers to development standards that would physically preclude the construction of the project as designed6;
 Concessions that modify development standards to achieve an identifiable and actual cost reduction7; and
 Reduced parking standards8.

Since 20 percent, or 11 of the
proposed 55 town homes, of the
project’s units will be affordable to
moderate and median income
households, consistent with the
City’s Below Market Rate (BMR)
requirements, the project is eligible
for a density bonus. It is important
to note that, while qualifying
projects are allowed to increase their
density and total number of units
proposed, an applicant may elect to
only utilize the available waivers,
concessions, or the reduced parking standards, without providing additional density bonus units, as is the case with the subject project.

The project includes a request for 6 waivers from applicable standards of the General Plan, HOC, and Zoning Code. These requests are discussed later in this report.

Project Proposal
The project applicant, Toll Brothers, is proposing a 55-unit townhome-condominium development, including 10 Accessory Dwelling Units (ADU). The project consists of ten buildings, three stories in height, with individual units ranging in size (including garage space) from 2,011 square feet to 2,780 square feet. As required by the City’s Below Market

5 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. 6 I.e., modifications or elimination of any development standard. 7 Specified number of incentives as identified in state law based on the level of affordability and percentage of affordable units
8 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 Figure 2 Site Plan
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Rate (BMR) Housing Program, eleven of the units will be allocated as affordable housing units for sale to median- and moderate-income households.9). Based on the scope of project, the City has required the following permits: Development Permit, Use Permit, Architectural and Site Approval, and a Vesting Tentative Map.

Architecture and Site Design
The applicant has proposed a “Contemporary” style development, defined by a flatroofed style featuring rooftop decks and generous window areas. Exterior materials include stucco in white and grey tones, cultured limestone masonry and glass deck railings. Given the prominent street frontage of Stevens Creek Blvd., this architecture style was chosen to promote the development of a more contemporary, urban style. The landscape design proposed enhances the architecture with a diverse mix of evergreen and flowering shrubs and groundcovers along with grasses and succulents. Evergreen and deciduous flowering trees will provide seasonal interest while also providing valuable shade for residents. A central open amenity space with a shade pavilion, picnic tables, lounge seating, bicycle racks, and modern Adirondack-style chairs will provide a valuable outdoor living area. Existing street trees will be retained and provide a mature landscape along the perimeter of the project and a strong aesthetic to the proposed project. The project also features a network of accessible paseos and walkways.

Analysis
General Plan Compliance
The proposed project consists of a residential development consistent with the site’s General Plan Land Use Designation of Commercial/Office/Residential.10 The General Plan designation allows a maximum density of 25 dwelling units per acre, which would allow 67 units for the 2.68-acre site. The project offers 55 units, as permitted by the General Plan density in effect when the SB330 Preliminary Application was submitted.

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

9 Due to limitations of Government Code § 65103.5, the distribution of copyrighted material associated with the review of development projects is limited. Plans have been emailed under separate cover to allow the Commissioners to review the proposed plans. Commissioners and Councilmembers cannot share plans with outside parties, including community members. The public is able to make an appointment with the Planning Division to view these plans at City Hall. 10 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.
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to be approved when housing is proposed on non-Housing Element mixed-use sites11 .

The project applicant is requesting a Density Bonus waiver to waive the requirement for retail to be a substantial component of a project in this zoning category. The waiver request is discussed in further detail in the Density Bonus Section of this Staff Report. A Conditional Use Permit has been included in this review to address the requirements of LU-1.3.1 (4).

Staff has evaluated the project’s consistency with the General Plan and concludes that based on the conformance with the General Plan Land Use designation for the site, the general alignment of design with General Plan requirements, and the absence of environmental impacts as analyzed in the Notice of Exemption memo (see Environmental Review section of this Staff Report), the proposed project supports several of the City’s General Plan goals, as outlined below.
 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.
 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:
 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 – East Stevens Creek Boulevard Subarea. The City’s HOC Specific Plan establishes heights, setbacks, and other

11 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. 448
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development requirements for projects on sites within this area. The proposal includes several density bonus waivers for setbacks, common space design, 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, according to staff’s review, are consistent with the remaining applicable requirements of the HOC Specific Plan.

Vesting Tentative Map
The application for the Vesting Tentative Map (VTM) proposes to subdivide the three existing lots 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 determined the application was complete.

Use Permit
The project proposal requires a Use Permit to allow the development of residential units on a non-Housing Element site.12 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 building exclusively residential units and is therefore required to obtain Conditional Use Permit approval.

Park Land Dedication
Under Cupertino Municipal Code Section 13.08.050(A), proposed 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 0.42 acres of park area or an in-lieu of dedication fee, based on Municipal Code Chapter 13.08 requirements. Based on the property size, project size, the provision of a small private open space area on site, and the location of the property within a quarter mile of existing park facilities13, staff recommends the payment of an in-lieu fee rather than requiring the 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 $2,376,000 for the 44 proposed market rate units.14 As this request is consistent with staff’s recommendation and conditions of approval, a waiver of the park land requirement is not required. However, according to

12 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. 13 Wilson Park is located 0.23 miles to the southwest and Creekside Park is located 0.26 miles to the southeast of the project site.
14 Due to the SB330 nature of the project, the Park Fees payable are those in effect as of January 2024. 449
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the City’s BMR Program, the in-lieu payment of park land dedication fees for the BMR units is waived15.

Density Bonus
The project includes 11 below-market rate units or 20% 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 five will be allocated as affordable for sale to moderate-income households (80-100% of Area Median Income). A condition of approval has been included to require that, prior to occupancy, the applicant records a regulatory agreement with the City requiring the designated BMR units to be for-sale to households at the specified income levels 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 6 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 being requested as well as any incentives or concessions, waivers or reductions in parking standards that are requested.

2. That the development standard(s) for which the waiver(s) are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted, if a waiver was not requested.

The City may not deny a waiver of a development standard that would physically preclude the construction of the project as it is designed, unless it is found that the waiver or reduction would have a specific, adverse impact upon health or safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

15 The 10 ADUs are not subject to the Park in-lieu fee. 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. 450
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Parking
While the City’s Municipal Code (Chapter 19.124) requires townhome projects to provide

2.8 parking spaces per dwelling unit, State Density Bonus Law provides its own parking ratios for qualifying projects. Specifically, the Density Bonus Law allows qualifying projects to provide parking at a ratio of 1 parking space per studio to one-bedroom unit;

1.5 parking spaces per two- or three-bedroom unit; and 2.5 parking spaces per four- or more-bedroom unit. No additional guest spaces are required under Density Bonus law provisions. Further, the Project cannot be required to provide any parking for the ADUs in accordance with State Law.

Unit Type Number of Units Parking Spaces
Two Bedroom 10 15
Three Bedroom 10 15
Four Bedroom 35 88
55 118
As proposed by the applicant, each unit will provide two enclosed garage spaces (110 total spaces), with 9 additional spaces for guests, for a total of 119 spaces onsite.

Waivers Requested
As a density bonus project, the applicant may submit to the City proposals for an unlimited number of waivers, or reduction of development standards, that would have the effect of physically precluding the construction of the project as proposed/designed (Government Code Section 65915(e)). It should be noted that under State Density Bonus Law, a city may not deny a proposed project based on the theory that another project, with a similar number of units, might be designed differently and accommodated without waivers of development standards.

The project requires 6 waivers as follows:

1. Side Setbacks (HOC Specific Plan Section 1.01.030)
The HOC Specific Plan requires that developments 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 6 44’-2” 20’-8” West abutting the
7 44’-2” 20’-8” Marketplace Shopping
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Center: 10’ to building face
and 17’ to porch.

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.

2. Rear Setback (HOC Specific Plan Section 1.01.030)
The HOC Specific Plan requires that developments 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 9 44’-2” 62’-2” South facing Richwood
Drive: 9’ to porch
11’ to building face
10 44’-2” 62’-2”
The applicant states that imposing the rear setback requirement would result in the elimination of units, reduced floor areas of units, or a substantial change to the design of the buildings, which is not consistent with the project as proposed by the applicant.

3. 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 one building (Building 9) located adjacent to single-family residentially developed parcels to the southwest. While the project has been designed to address potential privacy concerns through building orientation and landscape screening, it does not meet the HOC Specific Plan’s required rear setback and is therefore not consistent with this requirement.

The applicant has requested a waiver to allow for a reduced rear setback and waiver of requirements for step backs for Buildings 9.

Like the preceding required setback waivers, 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.

4. Maximum Lot Coverage (CMC Section 19.36.070 (A))
The Municipal Code requires that a development subject to the requirements of the R-3 zoning district has a maximum lot coverage of 40% of the net lot area. The 452
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proposed project has a net lot area of 2.68 acres or 116,740 square feet and would be allowed to have a maximum lot coverage of 46,696 square feet under Section

19.36.070 (A). The applicant has, therefore, requested a waiver to increase the lot coverage allowed for the project to accommodate a total lot coverage of 43% of the net lot area, or 50,198 square feet of building or surface 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.

5. 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. Consistent with the previously discussed General Plan 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 using a Density Bonus waiver. Complying with this standard would require the Project dedicate a significant share of the Property to non-residential uses because the retail/commercial use is the primary use. Doing so would reduce the overall number of residential units developable on the Property. Consequently, adherence to this retail/commercial use requirement physically precludes development of the Project at the proposed density.

6. HOC Specific Plan Section 2.01.010 (G)
Section 2.01.010 (G)(1) & (2) require certain design standards for common landscape and hardscape areas. These include that landscaped green and/or garden space comprise between 70% and 80% of common outdoor space and that this be in a courtyard, side yard, or rear yard. These areas should be rectilinear and enclosed by certain structures or landscaping. Further, common hardscape space that is provided should be 20% and 30% of common outdoor space and should be in the form of unit-paved or gravel areas and connected directly to the required landscaped space by stairs, walks, and/or ramps. Adhering to these requirements for common areas could result in the loss of units through site design, thus the applicant requests a waiver from these requirements.

Compliance with BMR Unit Comparability & Dispersion Requirements The BMR Manual requires that the BMR Units:
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 Shall be comparable to market rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction.  Size should be generally representative of the unit sizes within the market-rate portion of residential project.
 Interior features and finishes in affordable units shall be durable, of good quality and consistent with contemporary standards for new housing.

The following table demonstrates the proposed unit mix within the eight buildings by income level, type, and size:

Number of Units Number of
Bedrooms
Average Unit Size
BMR Units 7 4 2,546 square feet
2 2 2,020 square feet
2 3 + ADU 2,567 square feet
Market-Rate Units 28 4 2,546 square feet
8 2 2,020 square feet
8 3 + ADU 2,567 square feet
The proposed market-rate and BMR units consist of a mix of two-, three +ADU-, and fourbedroom units. The square footage and programming of the market-rate and the BMR units are identical and the BMR units are dispersed throughout the project. Additionally, there is no indication on the plans that the exterior finishes of the BMR units will be any different from the market rate units. As such, it is expected that they will be of the same quality; however, as allowed in the BMR manual, the affordable units may have different interior finishes.

No Net Loss Discussion (SB166)
California Government Code Section 65863 (No Net Loss Law) requires cities 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 the unmet RHNA for each income category.

Through the 6th Cycle Housing Element’s adoption in May 2024, the City designated new Priority Housing Sites, which are anticipated to provide the units to meet the City’s RHNA for each income category. The City estimated the number of units, by income category, 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 (the project site includes three Priority Housing Sites, Sites 34 through 36) in the City’s 6th Cycle Housing Element. While the project site is not subject to the land use and housing density requirements established through the adoption of the 6th Cycle Housing Element (see SB330 discussion above), the City is 454
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nonetheless required to evaluate the project’s impacts on expected housing production under Government Code Section 65863.

Under No Net Loss Law, at the time of a project’s approval, the decision-making 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(s) or increase the density of an existing Priority Housing Site(s) to ensure that adequate sites are available to accommodate its RHNA.

The table below quantifies the remaining unmet need for the 6th Cycle Housing Element 2023-2031 RHNA, by income level, and the remaining capacity across all Priority Housing Sites by comparing the projected number of units at this Priority Housing Site with the actual number of units proposed by the subject project.

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
Current Capacity – all sites 1,978 823 2,935
Current Surplus – all sites 98 80 1,029
Units Projected on Sites 34-36 0 93 70
Units Proposed on Sites 34-36 0 11 44
Unmet 6th Cycle RHNA 1,880 732 1,862
Remaining Capacity 1,978 730 2,865
Remaining Surplus – all Sites 98 (2) 1,003
* Includes Very Low- and Low-Income
As indicated in the table, the City will not be able to make the findings of No Net Loss with the approval of this project17 since the surplus of 80 Moderate income units shown in the table will be reduced to a deficit of two units. The Housing Element estimated 93

17 It is noted that there are two 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 Dividend Homes proposal near Randy Lane and the Harvest Properties proposal at the Stevens Creek Office Center.
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Moderate (the” Moderate “designation, as used in the Housing Element, includes both Moderate- and Median-income units) units would be developed on Priority Housing Site 34-36 and only 11 are proposed, resulting in a shortfall of 82 Moderate income units, for a deficit of two. Because the City’s inventory of sites for housing for moderate income households will have a deficit of 2 units, within 180 days the City is required to identify and make available sites to accommodate 2 additional housing units for moderate income households, pursuant to the “no net loss” rule. Staff will follow up in a memo at a future City Council hearing outlining next steps in this process.

Environmental Review
A Categorical Exemption memorandum and a Notice of Exemption (Attachment E) has 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 the Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects) and it has been determined that the project will not result in any significant effects on the environment. The project will be conditioned to comply with the Environmental Standards adopted by the City pursuant to Chapter 17.04 of the Municipal Code.

A dry cleaner operated on the Site since at least the early 1960s, with operations including the use of tetrachloroethylene (PCE) from the 1960s until 2010 when the operations converted to a hydrocarbon-based solvent. Elevated concentrations of PCE in soil gas have been reported beneath the Site with the source of the PCE in soil and soil gas believed to be associated with the former dry-cleaning operations that occurred at the site. A Soil Vapor Extraction (SVE) System has operated at the Site since June 2024 to remediate the PCE in the subsurface. The Santa Clara County Department of Environmental Health (SCCDEH) has an open case (T10000021095) on this issue and is overseeing the cleanup coordinated with the property owner, Idlewild TIC c/o Victor Castello. City staff, in collaboration with SCCDEH, has placed a condition of approval (Condition 7, Draft Resolution for DP-2024-004, Attachment A) that states:

Prior to the issuance of any building permits for residential construction on the project site, the applicant shall obtain written clearance from the Santa Clara County Department of Environmental Health (SCCDEH), confirming that the site has been adequately investigated and remediated for contamination associated with the former dry-cleaning operations. The clearance documentation shall verify that all recognized environmental conditions have been addressed and that contaminant concentrations meet applicable residential cleanup standards established under State of California regulatory guidance for unrestricted residential use or submit a long-term mitigation and monitoring plan 456
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approved by SCCDEH to the City of Cupertino Community Development Department as described below.

If the SCCDEH determines that residual contamination remains on-site at concentrations that require engineering controls, vapor mitigation systems, or ongoing monitoring, the applicant shall comply with all post-remediation monitoring, reporting, and maintenance requirements imposed by the SCCDEH. The applicant shall provide the City of Cupertino Community Development Department with copies of all ongoing monitoring reports, system performance data, and final closure documentation, as applicable, until the oversight agency issues a final case closure or no further action determination for the site.

No grading, foundation, or building permits shall be issued until the Community Development Department has received and approved the required regulatory clearance documentation from SCCDEH demonstrating that the site is suitable for residential development.

This condition ensures that soil concentrations are acceptable to residential development, as well as to the satisfaction of SCCDEH.

Planning Commission Review
On November 12, 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. 2025-16 through 2025-1918 recommending that the City Council find all actions exempt from CEQA and approve the proposed Development Permit, Use Permit, Architectural and Site Approval, and Tentative Final Map. 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/parking concerns, and soil contamination from prior dry-cleaning use. Staff, the applicant’s team, and the City’s environmental consultant, Placeworks, clarified that a soil remediation plan is currently underway by the current ownership and that the Santa Clara County Department of Environmental Health is overseeing the site cleanup. As the site was not listed on the Cortese List, the project is still eligible for a Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects).

The Commissioners sought further clarification regarding the site’s designation as a Housing Element Priority Housing Site and the requirements of State housing laws, such as SB330. It was further discussed by the Commissioners that because of the Housing Element designation, the site is eligible for a much higher density, taller structures, and due to its vicinity to a high frequency transit stop, under AB2097, the project would not be required to provide any parking. Therefore, the Commission found that the proposed 457
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project’s lower density, as well as its design quality, and parking supply made it compatible with the surrounding neighborhoods.

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 1000 feet of the project site (10 days
prior to the hearing)
 Posted on the City’s official
notice bulletin board (five days
prior to the hearing)
 Posted on the City of
Cupertino’s website (five days
prior to the hearing)
The applicant has completed community outreach to residents and property owners.

Public Comment
At the time this staff report was published, staff had received letters and emails from members of the public as well as housing advocacy groups. Please refer to Attachment G for full comments.

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 concluded that the overall fiscal benefit is net neutral to slightly positive, dependent upon the future potential for operation of the currently vacant retail uses, as well as the household size.

Assuming the retail remains vacant, the net impact on the General Fund would be positive $28,300 and assuming the retail is all operational, the net impact on the General Fund would be positive $100.

City Work Program (CWP) Item/Description
None.

City Council Goal
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Housing.

Conclusion
Staff recommends approval of the project, as proposed, because the project and its conditions of approval support the findings for approval of the proposed project, consistent with Chapters 18.28, 19.56, 19.156, and 19.168 of the Cupertino Municipal Code.

With respect to the requested Density Bonus concessions and waivers, evidence in the record demonstrates that the project meets the standards for granting the concessions and waivers under the State Density Bonus Law.

Next Steps
The City Council’s decision will be final unless a request for reconsideration petition is filed in compliance with CMC 2.08.096 (within 10 days of the notice by the Council within 10 days of their decision. If the project is approved, the applicant may apply for building permits at that time.

Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Luke Connolly, Assistant Director of Community Development Benjamin Fu, Director of Community Development
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
ATTACHMENTS:

A. Draft Resolution for DP-2024-004
B. Draft Resolution for U-2025-004
C. Draft Resolution for ASA-2024-008
D. Draft Resolution for TM-2024-005
E. Categorical Exemption Memorandum
F. Public Comment
G. Project Site Plan and Renderings
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RESOLUTION NO. _________

OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

APPROVING DEVELOPMENT PERMIT FOR A NEW RESIDENTIAL
DEVELOPMENT PROJECT CONSISTING OF 55-TOWNHOME-CONDOMINIUM UNITS AND 10 ADUS, HOUSED WITHIN TEN, THREE-STORY BUILDINGS, ON THREE CONTIGUOUS PARCELS, TOTALING 2.72-ACRES, LOCATED ON THE

SOUTH SIDE OF STEVENS CREEK BOULEVARD AT THE PRESENT LOCATION OF THE IDLEWILD SHOPPING CENTER/UNITED FURNITURE LOCATED 10075 E. ESTATES & 19610 STEVENS CREEK BLVD. (A.P.N.: 369-06-002, - 003, -004) SECTION I: PROJECT DESCRIPTION
Application No.: DP-2024-004
Applicant: Nick Kosla (Toll Brothers)
Property Owner: Castello Geno I and Victoria M Et Al
Location: 10075 E. Estates & 19610 Stevens Creek Blvd. (A.P.N.: 369-06-002, - 003, -004)
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 November 12, 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 November 12, 2025 the Planning Commission recommended on a 5-0 vote that the City Council approve the Development Permit (DP-2024-004) in substantially similar form to the Resolution presented (Resolution No. 2025-16), approve the Architectural and Use Permit (U-2025-004) in substantially similar form to the Resolution presented (Resolution No. 2025-17), approve the Architectural and Site Approval Permit (ASA-2024-008) in substantially similar form to the Resolution presented (Resolution No. 2025-18), and approve the Vesting Tentative Map (TM-2024-005), in substantially similar form to the Resolution presented (Resolution No. 2025-19); and 460
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WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit.; and
WHEREAS, the City Council finds as follows with regard to this application:

1. The proposed development, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience.

The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with adjoining land uses, including but not limited to wider setbacks from the single- family residences on the southern property line, as well as providing landscaping along the building frontages to help mitigate potential massing impacts and compatible with the existing streetscape. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code. Chapter 17.04. In addition, under the CEQA Guidelines section 15332 (Infill Development Projects), the project has been found to be Categorically Exempt from CEQA as further documented in the memorandum prepared by the City’s environmental consultant, Placeworks. The project must meet all Fire and Building Code requirements, which will be further reviewed prior to issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to 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 SB330 Preliminary Application was submitted for this project in February 2024, locking in the development standards in effect at that time. The General Plan land use designation for the property was Commercial/Office/Residential with a maximum residential density of 25 dwelling units per acre. The residential use at the proposed 20.52 dwelling units per acre is consistent with the General Plan in terms of density pursuant to state law, even though the property has a higher density at the date of approval of this project. The applicant is requesting waivers for the development of this site to allow exclusively residential uses, setbacks, lot coverage, and common space design, as required by the Heart of the City Specific Plan’s and 461
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the City’s Municipal Code standards. The proposed development has met all other applicable development standards of the Heart of the City Specific Plan. The project is further conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In addition, under the CEQA Guidelines section 15332 (Infill Development Projects), the project has been found to be Categorically Exempt from CEQA as further documented in the memorandum prepared by the City’s environmental consultant, Placeworks. Therefore, the proposed development will be located and conducted in accordance with the General Plan and underlying zoning regulations and complies with the California Environmental Quality Act (CEQA).

3. The applicant has requested 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 11 Below Market Rate (BMR) units or 20% 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 five 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.

No concession is being requested.
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. 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. 462
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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, common area 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
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 463
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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 inadequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional 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. The Priority Housing sites in the inventory are not adequate to accommodate the City’s share of the regional lower income housing need, in that a deficit of two Moderate-income units will result following the approval of the project, as proposed.

6. When a project complies with objective standards, the HAA allows a city to disapprove the project or to impose a condition that the project be developed at a lower density only if the city finds both of the following, supported by a preponderance of the evidence in the record:
a. The project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density; and
b. No feasible method to satisfactorily mitigate or avoid the adverse impact exists.

The project, as proposed, meets all applicable objective zoning, General Plan, and subdivision standards. Based on the record, including the findings in the Categorical Exemption memorandum, staff does not believe the above findings can be made with respect to the proposed project.

NOW, THEREFORE, BE IT RESOLVED:
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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 6 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-2024-004; 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. DP-2024-004 as set forth in the Minutes of the City Council Meeting of December 16, 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 “Idlewild 10065 & 10075 East Estates Drive, Cupertino, Santa Clara County, California” dated July 23, 2025 consisting of 79 sheets labeled as, A01– A48, C1 – C7, L1.1 – L9.1, INT1-INT2, PM, 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-2025-004, TM-2024-005, and ASA2024-008, shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies about the proposed project for additional conditions and requirements. Any 465
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misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

6. DEVELOPMENT APPROVAL
The project is granted approval to construct 55 townhomes with 10 Accessory Dwelling Units, subject to affordability requirements of Condition #8, with a 119 parking spaces throughout the development.

7. ENVIRONMENTAL REMEDIATION AND ONGOING MONITORING
Prior to the issuance of any building permits for residential construction on the project site, the applicant shall obtain written clearance from the Santa Clara County Department of Environmental Health (SCCDEH), confirming that the site has been adequately investigated and remediated for contamination associated with the former dry-cleaning operations. The clearance documentation shall verify that all recognized environmental conditions have been addressed and that contaminant concentrations meet applicable residential cleanup standards established under State of California regulatory guidance for unrestricted residential use or submit a long-term mitigation and monitoring plan approved by SCCDEH to the City of Cupertino Community Development Department as described below.

8. AFFORDABLE UNITS
The project shall include 6 units affordable to median-income households and 5 units affordable to moderate-income households as determined by the City’s BMR Mitigation Manual.
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9. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state’s Density Bonus law, the project is granted waivers as follows:
a. Waiver to address General Plan and Heart of the City requirements for mixeduse development on the property; b. Waivers for reduced rear, and side setbacks;
c. Waiver of the requirement for Building Forms (terracing) of southwestern building;
d. Waiver to increase the maximum lot coverage;
e. Waiver to deviate from common outdoor space design guidelines.

10. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the approved plans and with the City’s Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code.

11. 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.

12. 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;
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f. Restriction control mechanisms;
g. Financing of ongoing administrative and monitoring costs; h. Other reasonably required provisions to implement the Affordable Housing Plan.

13. 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.

14. PUBLIC ART REQUIREMENT
Public art shall be provided for the project in accordance with General Plan Policy 2- 66 and the City’s Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal Code). The minimum expenditure for the artwork, including, but not limited to design, fabrication, and installation is one (1) percent of the construction valuation for the first $100 million on construction valuation, or 0.9% of construction valuation for valuation in excess of $100 million. The project pro forma shall be provided to the City to confirm the project budget. The public art plans (including location and design) shall be reviewed by the Fine Arts Commission during the building permit stage, in advance of final occupancy. Once approved by the Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy.

In the event the developer or property owner determines that the placement of artwork on a particular property may not be feasible, the developer or property owner may apply to the City for an in-lieu payment alternative as indicated in Chapter 19.148 of the Cupertino Municipal Code, subject to review of the Fine Arts Commission and the City Council. The in lieu payment shall be 1.25% of the construction valuation.

15. 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.

16. 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 468
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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.

17. 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.

18. 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.

19. 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.

20. 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.
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ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground-disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction areas for active nests, while ensuring that they do not disturb the nests as follows:
1) For projects that require the demolition or construction one single-family residence, ground disturbing activities affecting areas of up to 500 square feet, or the removal of up to three trees, the property owner or a tree removal contractor, if necessary, is permitted to conduct the preconstruction surveys to identify if there are any active nests. If any active nests with eggs or young birds are identified, the project applicant shall retain a qualified ornithologist or biologist to identify protective measures. 2) For any other demolition, construction and ground disturbing activity or the removal of four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys. iii. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, 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 470
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young have left the nest and are foraging independently or the nest is no longer active.
v. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her designee, through the appropriate permit review process (e.g., demolition, construction, tree removal, etc.), and be completed to the satisfaction of the Community Development Director prior to the start of demolition, construction, grounddisturbing, or tree removal/pruning activities.

21. 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 471
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area to determine whether the resource is significant and would be affected by the project.
iii. Any potential archaeological or tribal cultural resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation forms by a qualified archaeologist. If the resource is a tribal cultural resource, the consulting archaeologist shall consult with the appropriate tribe, as determined by the Native American Heritage Commission, to evaluate the significance of the resource and to recommend appropriate and feasible avoidance, testing, preservation or mitigation measures, in light of factors such as the significance of the find, proposed project design, costs, and other considerations. The archeologist shall perform this evaluation in consultation with the tribe.

22. 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 472
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owner or the descendent may request mediation by the NAHC. Construction shall halt until the mediation has concluded.

23. 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.

24. 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 473
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active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law.

25. 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.

26. 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

27. 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.

28. GREEN BUILDING
The project shall be constructed in accordance with the City’s Green Building Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall obtain LEED Silver certification or an alternative reference standard in accordance with the ordinance since greater than nine multi-family residences are proposed.

Third party LEED certification or alternative reference standard is required per the ordinance criteria.
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29. 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.

30. PROPERTY OWNERS’ ASSOCIATION
A Property Owner’s Association shall be formed to maintain the common areas of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the City Attorney and the Director of Community Development prior to recordation. The following terms shall be incorporated into the Association’s Conditions, Covenants and Restrictions:
 The members/board shall meet at a minimum of once/year  The Association dues shall cover:
o Maintenance of common area on the property in compliance with the approved project conditions of approval, including hardscaping, parking, landscaping and accessory facilities and amenities, such as trash bins/areas, common amenity areas, tree grates, outside trash bins, fences, etc, o Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement as necessary to ensure that the property is maintained.
o Permits, including tree removal permits, required for maintenance and repair of facilities in the common areas
 Any changes to the exterior of the development must be reviewed by the Property Owner’s Association and changes must be considered in the context of the development as a whole, and not on a unit-by-unit basis.  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.

31. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall specify locations of trash facilities, refuse pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits.
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32. 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.

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

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, 477
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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.

34. 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

35. 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.

36. 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.

37. MONITORING WELLS
There are three (3) existing monitoring wells near the northwestern portion of the property. Prior to any modification or removal of these wells, the Developer shall comply with Santa Clara County Environmental Health Department and Santa Clara Valley Water District requirements prior to Final Map approval. 478
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38. 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.

39. 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.

40. 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.

41. 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.

42. 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 479
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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.

43. GRADING
Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.

44. 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.

45. 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.

46. 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 ($5,365 or 6% of improvement costs)
Tract Map Fee: Per current fee schedule ($15,013)
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 ($3,895 or 5% of improvement costs)
Park Fees: Per current fee schedule: $54,000 per unit
($2,376,000 based on 44 DUs, 11 BMR units
waived)
Storm Management Plan Fee: Per current fee schedule ($2,432) Street Tree Fee: By Developer or Per current fee schedule: $562 per tree
Developer Contribution: $75,000 (Stevens Creek Blvd Class IV Separated Bike Lane frontage improvements)
Bonds:
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a. Encroachment Bond: 100% of Off-site Improvements
b. On-site Grading Bond: 100% of site improvements
c. On-site Grading Bond: 100% of site improvements.

The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule.

47. 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.

48. 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.

49. 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 May 19, 2020 per Resolution 20-055, authorizes the waiver of park fees for BMR units. Pursuant to Resolution 20-055, parkland dedication in-lieu fees for the 11 BMR units proposed for this project are hereby waived.

50. 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.

51. TRASH, RECYCLING AND COMPOST ENCLOSURES
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Trash enclosure plans must be designed in accordance with the City’s “Public Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is required prior to obtaining a building permit. (CMC 9.18.210 H & K) Applicant shall enter into an agreement with the City that indemnifies and holds harmless both the City and the refuse and recycling collection company (Recology) from and against any harm, damage or maintenance that may occur or become necessary to onsite paving stone driveway surfaces.

52. 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.

53. 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.

54. 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.

55. 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.
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56. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans.

57. 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.

58. 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.

59. 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.

60. 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.

61. 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.

62. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.

63. 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 484
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approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant).

64. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed.

65. 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.

66. 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.

67. 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.

68. 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

69. 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.

70. 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.
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71. PAYMENT OF FEES
The property owner shall pay all required New Lateral, Serer Development, Treatment Plant Capacity, plan check, and permit fees to the District prior to issuance of Building Permits.

72. 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

73. 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.

74. 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).

75. 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.

76. PUBLIC FIRE HYDRANTS REQUIRED
Fire hydrants shall be located within 600 feet of all buildings (CFC, Section 507.5.1).

77. REQUIRED FIRE FLOW
The minimum required fire flow for this project is 2,000 Gallons Per Minute (GPM) at 486
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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.

78. 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.

79. 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.

80. 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.

81. 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 16th day of December, 2025, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________ ________________________
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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 NEW RESIDENTIAL DEVELOPMENT PROJECT CONSISTING OF 55-TOWNHOME-CONDOMINIUM UNITS AND 10

ADUS, HOUSED WITHIN TEN, THREE-STORY BUILDINGS, ON THREE CONTIGUOUS PARCELS, TOTALING 2.72-ACRES, LOCATED ON THE SOUTH

SIDE OF STEVENS CREEK BOULEVARD AT THE PRESENT LOCATION OF THE IDLEWILD SHOPPING CENTER/UNITED FURNITURE LOCATED 10075 E.

ESTATES & 19610 STEVENS CREEK BLVD. (A.P.N.: 369-06-002, -003, -004) SECTION I: PROJECT DESCRIPTION
Application No.: U-2025-004
Applicant: Nick Kosla (Toll Brothers)
Property Owner: Castello Geno I and Victoria M Et Al
Location: 10075 E. Estates & 19610 Stevens Creek Blvd. (A.P.N.: 369-06-002, - 003, -004)
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 November 12, 2025 the Planning Commission recommended on a 5-0 vote that the City Council approve the Development Permit (DP-2024-004) in substantially similar form to the Resolution presented (Resolution No. 2025-16), approve the Architectural and Use Permit (U-2025-004) in substantially similar form to the Resolution presented (Resolution No. 2025-17), approve the Architectural and Site Approval Permit (ASA-2024-008) in substantially similar form to the Resolution presented (Resolution No. 2025-18), and approve the Vesting Tentative Map (TM-2024-005), in substantially similar form to the Resolution presented (Resolution No. 2025-19); 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 November 12, 2025, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the 489
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information contained in the Infill Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Use Permit; and
WHEREAS, the City Council finds as follows with regard to this application:

The SB330 Preliminary Application was submitted for this project in February 2024, locking in the development standards in effect at that time. The General Plan land use designation for the property was Commercial/Office/Residential with a maximum residential density of 25 dwelling units per acre. The residential use at the proposed 20.52 dwelling units per acre is consistent with the General Plan in terms of density pursuant to state law, even though the property has a higher density at the date of approval of this project. The applicant is requesting waivers for the development of this site to allow exclusively residential uses, setbacks, lot coverage, and common space 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 490
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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).

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof, and those contained in all other Resolutions approved for this Project.

The application for a Use Permit, Application No. U-2024-007, is hereby approved, and that the conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. U-2024- 007 as set forth in the Minutes of the City Council Meeting of December 16, 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 contained in file nos. DP-2024-004, TM-2024-005, and ASA-2024-008, shall be applicable to this approval.

5. USE APPROVAL AND PROJECT AMENDMENTS
Approval is hereby granted to allow a residential use in a Planned Development zone that was not allocated units as a Priority Housing Site at the time of Preliminary Application submission under the Housing Crisis Act. The Planning Commission shall review amendments to the project considered major by the Director of Community Development.

6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements.

Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

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

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs 492
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and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project.

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

8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of December, 2025, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

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SIGNED:
________
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 NEW RESIDENTIAL DEVELOPMENT PROJECT CONSISTING OF 55-TOWNHOMECONDOMINIUM UNITS AND 10 ADUS, HOUSED WITHIN TEN, THREE-STORY BUILDINGS, ON THREE CONTIGUOUS PARCELS, TOTALING 2.72-ACRES,

LOCATED ON THE SOUTH SIDE OF STEVENS CREEK BOULEVARD AT THE

PRESENT LOCATION OF THE IDLEWILD SHOPPING CENTER/UNITED FURNITURE LOCATED 10075 E. ESTATES & 19610 STEVENS CREEK BLVD. (A.P.N.: 369-06-002, - 003, -004)
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2024-008
Applicant: Nick Kosla (Toll Brothers)
Property Owner: Castello Geno I and Victoria M Et Al
Location: 10075 E. Estates & 19610 Stevens Creek Blvd. (A.P.N.: 369-06-002, - 003, -004)
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 November 12, 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 November 12, 2025 the Planning Commission recommended on a 5-0 vote that the City Council approve the Development Permit (DP-2024-004) in substantially similar form to the Resolution presented (Resolution No. 2025-16), approve the Architectural and Use Permit (U-2025-004) in substantially similar form to the Resolution presented (Resolution No. 2025-17), approve the Architectural and Site Approval Permit (ASA-2024-008) in substantially similar form to the Resolution presented (Resolution No. 495
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2025-18), and approve the Vesting Tentative Map (TM-2024-005), in substantially similar form to the Resolution presented (Resolution No. 2025-19); and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for an Architectural and Site Approval Permit; and
WHEREAS, the City Council finds as follows with regard to this application:

1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience;
The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the Heart of the City Specific Plan. It has been designed to 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 building massing impacts and compatible with the existing streetscape. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In addition, under the CEQA Guidelines section 15332 (Infill Development Projects), the project has been found to be Categorically Exempt from CEQA, as further documented in the memorandum prepared by the City’s environmental consultant, Placeworks. The project must meet all Fire and Building Code requirements, which will be further reviewed prior to issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience.

2. The 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 consists of s the redevelopment of three retail buildings (the tallest of which was approximately 43 feet) with ten, new, three-story townhome-style buildings.

The adjacent commercial center building to the west of the property has a similar massing and the surrounding office buildings on Stevens Creek Boulevard are 3-4 stories in height.

The proposed residential buildings are approximately 15 - 20 feet taller than the existing commercial buildings. Additionally, the townhomes are setback from the street and have 496
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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 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 the 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 identified in the General Plan and Heart of the City Specific Plan . The buildings meet the design qualities of a modern, contemporary development. The architectural style is consistent throughout the development and is complementary to the mix of architecture in the area. Utility installation has been designed to be screened by landscaping and or incorporated into the building design. The final lighting for the development will be reviewed as part of the review of the project construction documents to ensure that they meet safety requirements while avoiding spill-over light to adjacent properties and meet applicable Dark Sky standards. The proposed windows are consistent with the City’s 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.

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 497
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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. 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 sub-conclusions 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 December 16, 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. U-2025-004, TM-2024-005, and DP-2024-004, shall be applicable to this approval.
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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. 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.

6. 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.

7. 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.

8. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report.

The landscape installation report shall include but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule.

The landscape installation report shall include the following statement: “The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit.”
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9. 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.

10. 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.

11. 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. 500
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12. 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.

13. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any structures approved in conjunction with the project.

14. 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.

15. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements and Section 19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all documentation required to determine compliance with the Municipal Code. The final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Director of Community Development prior to building permit issuance. A 501
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report from a licensed lighting engineer may be required to confirm all exterior lighting throughout the site complies with the City’s Ordinance.

16. 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.

17. 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.

18. 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.

19. EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan may be required to demonstrate that the equipment will not be visible from any public right-of-way. The location of the equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits.
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20. 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.

21. 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.

22. 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 16th day of December, 2025, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
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 VESTING TENTATIVE MAP FOR A 55-UNIT CONDOMINIUM DEVELOPMENT LOCATED AT10075 E. ESTATES & 19610 STEVENS CREEK BLVD. (A.P.N.: 369-06-002, - 003, -004)
SECTION I: PROJECT DESCRIPTION
Application No.: TM-2024-005
Applicant: Nick Kosla (Toll Brothers)
Property Owner: Castello Geno I and Victoria M Et Al
Location: 10075 E. Estates & 19610 Stevens Creek Blvd. (A.P.N.: 369-06-002, - 003, -004)
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 November 12, 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 November 12, 2025 the Planning Commission recommended on a 5-0 vote that the City Council approve the Development Permit (DP-2024-004) in substantially similar form to the Resolution presented (Resolution No. 2025-16), approve the Architectural and Use Permit (U-2025-004) in substantially similar form to the Resolution presented (Resolution No. 2025-17), approve the Architectural and Site Approval Permit (ASA-2024-008) in substantially similar form to the Resolution presented (Resolution No. 2025-18), and approve the Vesting Tentative Map (TM-2024-005), in substantially similar form to the Resolution presented (Resolution No. 2025-19); 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 505
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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 February 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 an urban canopy within the public rightof-way. 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.
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.
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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.

NOW, THEREFORE, BE IT RESOLVED:

The application for a Vesting Tentative Map, Application No. TM-2024-005, 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-2024-005 as set forth in the Minutes of the City Council Meeting of December 16, 2025 meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.

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, 507
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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-2025-004, DP-2024-005, and ASA-2024-008, shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. 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.

6. 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 508
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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.

7. 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.

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, Director of Public Works
City Engineer CA License 66077
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of December, 2025, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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Idlewild Townhomes Project
CEQA Exemption
City of Cupertino
Prepared for:

City of Cupertino
Contact: Gian Martire, Senior Planner
City of Cupertino | Planning Division
10300 Torre Avenue | Cupertino, CA 95014
(408) 777-3205
[email protected]
Prepared by:

PlaceWorks
Contact: Vivian Kha, Associate II
2040 Bancroft Way, Suite 400 | Berkeley, CA 94704
(510) 848-3815
[email protected]
www.placeworks.com
November 2025
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IDLEWILD TOWNHOMES PROJECT CEQA EXEMPTION

CITY OF CUPERTINO
Table of Contents

Page 3 ends

Section Page

1. INTRODUCTION ................................................................................................................................................ 5

1.1 CATEGORICAL EXEMPTION...................................................................................................................5

1.2 STANDARD ENVIRONMENTAL PROTECTION REQUIREMENTS .............................................................6

2. PROJECT DESCRIPTION ..................................................................................................................................... 7

2.1 REGIONAL LOCATION............................................................................................................................7

2.2 PROJECT SITE ........................................................................................................................................7

2.3 LAND USE AND ZONING DESIGNATIONS............................................................................................13

2.4 PROPOSED PROJECT ...........................................................................................................................14

3. EXEMPTION ................................................................................................................................................... 21

3.1 CEQA GUIDELINES SECTION 15332(A): GENERAL PLAN AND ZONING CONSISTENCY.......................21

3.2 CEQA GUIDELINES SECTION 15332(B): PROJECT LOCATION, SIZE, AND CONTEXT ............................22

3.3 CEQA GUIDELINES SECTION 15332(C): ENDANGERED, RARE, OR THREATENED SPECIES .................22

3.4 CEQA GUIDELINES SECTION 15332(D): TRAFFIC, NOISE, AIR QUALITY, OR WATER QUALITY ............27

3.5 CEQA GUIDELINES SECTION 15332(E): UTILITIES AND PUBLIC SERVICES ..........................................56

4. EXCEPTIONS ................................................................................................................................................... 61

4.1 CEQA GUIDELINES SECTION 15300.2(A): LOCATION..........................................................................61

4.2 CEQA GUIDELINES SECTION 15300.2(B): CUMULATIVE IMPACT........................................................61

4.3 CEQA GUIDELINES SECTION 15300.2(C): SIGNIFICANT EFFECT .........................................................62

4.4 CEQA GUIDELINES SECTION 15300.2(D): SCENIC HIGHWAYS ............................................................63

4.5 CEQA GUIDELINES SECTION 15300.2(E): HAZARDOUS WASTE SITES ................................................64

4.6 CEQA GUIDELINES SECTION 15300.2(F): HISTORICAL RESOURCES....................................................65

5. CONCLUSION .................................................................................................................................................. 69

6. LIST OF PREPARERS ........................................................................................................................................ 71 CITY OF CUPERTINO ..........................................................................................................................................71 PLACEWORKS ....................................................................................................................................................71 513
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IDLEWILD TOWNHOMES PROJECT CEQA EXEMPTION

CITY OF CUPERTINO
Table of Contents
PlaceWorks Page 4
Figures
Figure 2-1 Regional and Vicinity Map....................................................................................................................8 Figure 2-2 Aerial View of Project Site and Surroundings.......................................................................................9 Figure 2-3 Proposed Site Plan..............................................................................................................................16 Tables
Table 3-1 Project-Related Construction Noise, dBA Leq Noise Levels..................................................................33 Table 3-2 Project-related Increases in Traffic Noise, dBA CNEL at 50 Feet........................................................36 Table 3-3 Vibration Levels at Nearby Structures................................................................................................37 Table 3-4 Construction Criteria Air Pollutant Emissions.....................................................................................44 Table 3-5 Operational Criteria Air Pollutant Emissions......................................................................................45 Table 3-6 Construction Risk Summary................................................................................................................47 Table 3-7 Cumulative Community Risk Summary ..............................................................................................48 Table 3-8 Cupertino Climate Action Plan Consistency Matrix............................................................................50 Appendices
Appendix A Environmental Site Assessment
Appendix B Transportation Analysis
Appendix C Noise Analysis
Appendix D Air Quality Analysis

SOURCES
All documents cited in this report and used in its preparation are hereby incorporated by reference into this document. Copies of documents referenced herein are available for review at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014. 514
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Page 5 ends

1. Introduction
This section describes the standards for determining a significant effect on the environment from construction and operation of the proposed Idlewild Townhomes Project (proposed project) pursuant to the requirements of the California Environmental Quality Act (CEQA). 1 Additionally, this section describes
the standards in the City of Cupertino Municipal Code (CMC) Chapter 17.04, Cupertino Standard Environmental Protection Requirements, that apply to all projects in Cupertino.

1.1 CATEGORICAL EXEMPTION
Article 19 (Categorical Exemptions) of the CEQA Guidelines2 includes, as required by CEQA Section 21084 (List of Exempt Classes of Projects; Projects Damaging Scenic Resources), a list of classes of projects that have been determined not to have a significant effect on the environment and, as a result, are exempt from review under CEQA. This document has been prepared to demonstrate CEQA compliance as it pertains to the redevelopment of the existing commercial development on the project site into the proposed 59-unit townhome development, herein referred to as the proposed project. This document also provides information to decision makers regarding a finding that the proposed project is exempt under CEQA.

This document describes how the proposed project qualifies for a Class 32 CEQA Exemption pursuant to CEQA Guidelines Section 15332 (Infill Development Projects), which requires that:
(a) The proposed project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as the applicable Zoning designations and regulations; (b) The proposed project would occur within the city limits on a site of less than 5 acres in size that is substantially surrounded by urban uses;
(c) The project site has no value for endangered, rare or threatened species; (d) The proposed project would not result in any significant effects related to traffic, noise, air quality or water quality; and
(e) The project site can be adequately served by all required utilities and public services. 1 The CEQA Statute is found at Public Resources Code, Division 13, Environmental Quality, Sections 21000 to 21189. 2 The CEQA Guidelines are found at California Code of Regulations, Title 14, Natural Resources, Division 6, Resources Agency, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act, Sections 15000 to 15387. 515
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In addition, this document demonstrates that none of the exceptions to categorical exemptions apply pursuant to CEQA Guidelines Section 15300.2 (Exceptions), which are based on the following:
(a) The project is not located within a sensitive environment; (b) There would be no cumulative impacts;
(c) There would be no significant effects on the environment due to an unusual circumstance; (d) There would be no impacts to a scenic highway;
(e) The project site is not located on a hazardous waste site; and (f) There would be no impacts to historical resources.

1.2 STANDARD ENVIRONMENTAL PROTECTION REQUIREMENTS
In addition to the standards identified in Section 1.1, Categorical Exemption, all projects in Cupertino are required to comply with the CMC Chapter 17.04, Standard Environmental Protection Requirements.

Pursuant to CMC Section 17.04.030(A), these requirements apply to every project in the city. Pursuant to CMC Section 17.04.030(B)(1), because the proposed residential townhome project has more than four units, compliance must be demonstrated through submittal and implementation of a construction management plan and/or permit plans, as applicable, prior to issuance of a discretionary approval, to the satisfaction of the City. Pursuant to CMC Chapter 17.04, development projects must submit technical reports for air quality, hazardous materials, vehicle miles traveled (VMT), and construction vibration. These reports are subject to peer review by the City’s third-party reviewers. This chapter of the CMC also includes nine permit submittal requirements:

1. Air Quality

2. Hazardous Materials

3. Greenhouse Gas Emissions and Energy

4. Biologic Resources

5. Cultural Resources

6. Hydrology and Water Quality

7. Noise and Vibration

8. Paleontological Resources

9. Utilities and Service Systems
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2. Project Description

2.1 REGIONAL LOCATION
The project site is in the city of Cupertino, approximately 38 miles southeast of San Francisco. Cupertino is on the western edge of Santa Clara County and west of the city of San Jose, south of the city of Sunnyvale, and north of the city of Saratoga. Regional access to the project site is provided by Interstate 280 (I-280) via North Wolfe Road to the north, and by Highway 85 via Stevens Creek Boulevard to the west. See Figure 2- 1, Regional and Vicinity Map.

2.2 PROJECT SITE

2.2.1 Location
The 2.72-acre project site at 10065 East Estates Drive3 in the central region of the city near the intersection of Stevens Creek Boulevard and Wolfe Road. The project site is within a Santa Clara Valley Transportation Authority (VTA) City Cores, Corridors, and Station Areas Priority Development Area (PDA)4 and within a Transit Priority Area (TPA)5 as defined by the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC). As shown on Figure 2-2, Aerial View of Project Site and Surroundings, the project site is in a built-up and urbanized area in the vicinity of the Marketplace shopping mall and a private educational institution to the west and southwest, undeveloped land to the north, commercial uses to the east, and single-family residences to the south. The project site is bounded by Stevens Creek Boulevard to the north, East Estates Drive to the east, Richwood Drive to the south, a daycare to the southwest, and commercial buildings and surface parking lot to the west. 3 Addresses for the project site include 10065-10075 East Estates Drive, but for the purposes of this document, a single address (10065 East Estates Drive) is used to represent the entire project site. 4 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Priority Development Areas (Plan Bay Area 2050), https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area2050, accessed March 18, 2025. 5 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Transit Priority Areas (2021), https://www.arcgis.com/apps/mapviewer/index.html?layers=370de9dc4d65402d992a769bf6ac8ef5, accessed March 18, 2025.
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IDLEWILD TOWNHOMES PROJECT CEQA EXEMPTION

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PROJECT DESCRIPTION
Figure 2-2
Aerial View of Project Site and Surroundings
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Sensitive receptors include places with people that have an increased sensitivity to air pollution, noise, or environmental contaminants. These sites can include schools, parks and playgrounds, day care centers, hotels, senior housing, nursing homes, hospitals, and residential dwelling units. Sensitive receptors within

0.25 miles (1,320 feet)6 of the project site include the following:
 Residential single-family units across Richwood Drive approximately 0.01 miles (60 feet) to the south;  Daycare centers approximately 0.01 miles (40 feet) immediately southwest, 0.07 miles (380 feet) southeast, and 0.22 miles (1,140 feet) northwest;
 Medical buildings (dentist and orthodontist) approximately 0.03 miles (175 feet) east and medical clinics approximately 0.07 miles (350 feet) northeast and east;  Wilson Park approximately 0.19 miles (1,010 feet) southwest and Main Street Park approximately 0.22 miles (1,150 feet) northeast;
 Bethel Lutheran Church approximately 0.22 miles (1,180 feet) southeast.

2.2.2 Existing Site Conditions
As shown on Figure 2-2, the project site is currently developed with a commercial building. The project site also currently includes a parking lot associated with the commercial building.

The project site is relatively flat with an elevation of approximately 200 feet above mean sea level.7 The surficial geology consists of late Pleistocene older surficial sediments, which is described as older alluvial terrace gravel, sand, and clay, undeformed.8 No paleontological resources have been identified on the project site; however, the presence of Pleistocene deposits that are known to contain fossils indicates that the overall city, including the project site, could contain paleontological resources.9 Unique geological features are not common in Cupertino. The geology and soils on the project site are common throughout the city and region and are not considered to be unique.

The Phase I Environmental Site Assessment (ESA) conducted for the proposed project determined that the project site was used for agricultural purposes as orchards from 1939 through the late 1960s.10 Between 1956 and 1960, the orchards were felled, and the project site was redeveloped with the existing commercial 6 This distance is consistent with CEQA Guidelines topic Hazards and Hazardous Materials, which asks “Would the project emit hazardous emissions or handle hazardous materials, substances or waste within 0.25 miles of an existing or proposed school?” 7 ENGEO, October 25, 2023, Phase I Environmental Site Assessment, Idlewild Shopping Center, Cupertino, California. 8 United States Geological Survey and Association of American State Geologists, 2007, Geologic map of the Cupertino and San Jose West quadrangles, Santa Clara and Santa Cruz Counties, California, https://ngmdb.usgs.gov/Prodesc/proddesc_83442.htm, accessed March 18, 2025. 9 City of Cupertino, April 2024, Cupertino General Plan Community Vision 2015-2040, Appendix G: General Plan 2040 and Zoning Code Amendments Environmental Assessment, https://www.cupertino.gov/Your-City/Departments/CommunityDevelopment/Planning/General-Plan/General-Plan-Community-Vision, accessed March 18, 2025. 10 ENGEO, October 25, 2023, Phase I Environmental Site Assessment, Idlewild Shopping Center, Cupertino, California. 520
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building and parking areas. One Hour Dry Cleaners operated a dry-cleaning business at 10045 East Estates Drive using tetrachloroethylene (PCE) as a dry-cleaning solvent between the 1960s and 2010, when the drycleaning operation converted to using a hydrocarbon-based solvent.

Due to the presence of PCE, believed to be associated with the former dry-cleaning operations, in soil and soil gas, the project site is listed as an open cleanup program site (case ID 2023-17s) under the oversight of Santa Clara County Department of Environmental Health (SCCDEH) and is listed on the State Water Quality Control Board’s GeoTracker website.11 Several soil, groundwater, soil gas, indoor air, and sub-slab soil gas investigations have been conducted to delineate the lateral and vertical extents of the plume and determine the human health risks to building occupants. The majority of the PCE is present within the back alley behind the former One Hour Cleaners tenant space and impacts only soil and soil gas. The plume extends westerly to the off-site property to the west.

The property owner entered into a voluntary remedial action agreement with SCCDEH in July 2023. A Remedial Action Plan was prepared for the proposed project in September 2023, which involved installing a soil vapor extraction (SVE) system to reduce the concentrations of PCE and its breakdown products in the subsurface to a level that is acceptable for residential occupancy. The SVE system was operated from June 2024 until January 2025, when the system was shut off to undergo rebound testing and determine if there was remaining PCE mass remaining in the subsurface. Based on the rebound testing results, the SVE system will be reactivated and an additional SVE extraction well will be added to the network.

The Phase I ESA identified the following Recognized Environmental Condition (REC) and (future) controlled REC at the project site:12
 REC: Former One Hour Cleaners PCE releases. Discharges of PCE from former dry cleaning operations have impacted the project site and off site property to the west. PCE is present in soil gas and to a lesser degree, soil, at concentrations exceeding residential and/or commercial Environmental Screening Levels (ESLs).
 Future Controlled REC: Institutional Controls/Deed Restrictions. Institutional Controls (IC) will be required following successful completion of SVE. ICs will likely include an access agreement to allow SCCDEH personnel on the project site at any time; funding for SCCDEH oversight; and operation maintenance and monitoring (OM&M) and reporting for the vapor mitigation system that is expected to be installed under the proposed project. A corresponding deed restriction would be recorded for the project site to ensure the systems remain operational. When approved, the ICs/deed restriction will represent a controlled REC.
11 State Water Resources Control Board, 2024, GeoTracker, https://geotracker.waterboards.ca.gov/profile_report.asp?global_id=T10000021095, accessed November 11, 2025. 12 ENGEO, October 25, 2023, Phase I Environmental Site Assessment, Idlewild Shopping Center, Cupertino, California. 521
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An inspection for asbestos containing materials (ACMs) and lead based paint (LBP) was performed and identified the presence of ACMs within the existing building.13 Based on current occupancy, a full inspection for asbestos in the shopping center was not feasible. The flooring, insulation, ceiling riles, wallboard, roofing, among other suspect ACMs may require additional inspection/testing and an abatement plan will be required to address ACMs.

The existing building on the project site is not currently listed on the National Register of Historic Places14 or the list of California Historical resources,15 nor is it associated with significant cultural events, persons in California’s past, and does not have any distinctive historical characteristics, and as such does not have any qualifying historical value.

According to the Vegetation Map shown in the Environmental Resources and Sustainability Element of the Cupertino General Plan, the project site is within the urban forest (i.e., trees in the city).16 The City recognizes that every tree on both public and private property is an important part of Cupertino's urban forest and contributes significant economic, environmental, and aesthetic benefits of the community.17 There is currently no landscaping on-site.

The project site is in a Local Responsibility Area (LRA) but is not located within a fire hazard severity zone as designated by California Department of Forestry and Fire Protection (CAL FIRE). It is located approximately

3.2 miles northeast of a very high fire hazard severity zone in an LRA, and 2.6 miles east of lands that CAL FIRE designates as a high fire hazard severity zone in a State Responsibility Area (SRA).18 The project site is located roughly 2.6 miles northeast of a wildland urban interface (WUI), which is an area of transition between wildland (unoccupied land) and land with human development (occupied land).19 13 Stockton Environmental, Inc., October 25, 2023, Asbestos Inspection Conducted at: Idlewild Shopping Center, 10025 E Estates Dr, Cupertino, CA 95014. 14 National Park Service, updated July 10, 2024, National Register of Historic Places, https://www.nps.gov/subjects/nationalregister/database-research.htm#table, accessed March 18, 2025. 15 California Office of Historic Preservation, 2025, California Historical Resources, https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43, accessed March 18, 2025. 16 City of Cupertino, May 2024, Cupertino General Plan Community Vision 2015-2040, Chapter 6: Environmental Resources and Sustainability Element, Figure ES-1, Vegetation, https://www.cupertino.gov/Your-City/Departments/CommunityDevelopment/Planning/General-Plan/General-Plan-Community-Vision, accessed March 18, 2025. 17 City of Cupertino, 2025, Tree Protection & Tree Removal, https://www.cupertino.gov/YourCity/Departments/Community-Development/Planning/Residential-Planning/Tree-Protection-Removal, accessed March 18, 2025. 18 California Department of Forestry and Fire Protection, February 24, 2025, Fire Hazard Severity Zone Viewer, https://experience.arcgis.com/experience/6a9cb66bb1824cd98756812af41292a0, accessed March 18, 2025. 19 California Department of Forestry and Fire Protection, updated December 2, 2022, Wildland-Urban Interface Fire Threat, https://www.arcgis.com/apps/mapviewer/index.html?layers=d45bf08448354073a26675776f2d09cb, accessed March 18, 2025. 522
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2.3 LAND USE AND ZONING DESIGNATIONS
The project site is assigned Assessor’s Parcel Numbers (APN) 369-06-002, 369-06-003, and 369-06-004.

While the City was in the process of obtaining certification of its (2023-2031) Housing Element by the California Department of Housing and Community Development, the developer submitted a preliminary application pursuant to the Housing Crisis Act of 2019, commonly referred to by its legislative number, Senate Bill (SB) 330. SB 330 vests the standards that are in place at the time a “preliminary application” for a housing project is submitted and prevents jurisdictions from imposing or enforcing new design standards on housing projects that are not objective. As such, the project is subject to the regulations in place at the time of the preliminary application was submitted on February 7, 2024. 20 See density standards below.

The project site is within the Heart of the City Special Area with a Commercial/Residential Very High Density General Plan land use designation, and the Planned Development with General Commercial with MultiFamily Residential (P(CG, R-4)) zoning district at the time of application. The Commercial/Residential Very High Density land use designation allows mixed-use development with commercial uses and an established maximum residential density of up to 50 dwelling units per acre.21 The Heart of the City Specific Plan (Specific Plan) contemplates mixed-use development with a primary focus on providing commercial uses that serve the public with frontages of buildings along Stevens Creek Boulevard. On sites with a mixed-use residential designation, residential is a permitted use only on Housing Element sites. The applicable standards in the General Plan allow for a maximum building height of 45 feet on the project site.

The general type of use allowed on the project site is General Commercial with Multi-Family Residential (P(CG, R-4)), which allows for residential uses. All planned development districts are identified on the zoning map with the letter code "P" followed by a specific reference to the general type of use allowed in the particular planning development zoning district. As described in CMC Section 19.80.010, Purpose, the planned development zoning district is intended to provide a means of guiding land development or redevelopment of the city that is uniquely suited for planned coordination of land uses. Development in this zoning district provides for a greater flexibility of land use intensity and design because of accessibility, ownership patterns, topographical considerations, and community design objectives. The planned development zoning district is intended to:
 Encourage variety in the development pattern of the community.  Promote a more desirable living environment.
 Encourage creative approaches in land development.
20 At the time of the preliminary Senate Bill 330 application, the project site was zoned as Planned Development with General Commercial and Residential (P(CG, Res)) with a density 25 dwelling units per acre and a height limit of 45 feet. 21 City of Cupertino, May 2024, Cupertino General Plan Community Vision 2015-2040, Appendix A: Land Use Definitions, https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning/General-Plan/General-Plan-CommunityVision, accessed March 18, 2025. 523
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 Provide a means of reducing the amount of improvements required in development through better design and land planning.
 Conserve natural features.
 Facilitate a more aesthetic and efficient use of open spaces.  Encourage the creation of public or private common open space.

Pursuant to the State Density Bonus Law (Government Code Section 65915) and the City’s Density Bonus ordinance (CMC Chapter 19.56, Density Bonus), the project applicant has requested the following, to the extent needed to comply with applicable objective standards:
 A waiver or reduction of development standards to reduce the front, side, and rear setbacks for portions of the project.
 A waiver or reduction of development standards to increase the maximum lot coverage from 40 percent to 42.4 percent.
 A waiver to the Heart of the City Specific Plan Design Guidelines for Common Open Space.  A waiver for the Heart of the City retail requirement to allow for residential-only use.  A reduction of vehicle parking standards pursuant to Government Code Section 65915(p).

2.4 PROPOSED PROJECT
The project applicant, Toll Brothers, is proposing the Idlewild Townhomes Development Project that would involve the demolition of the existing commercial building (approximately 35,170 square feet) and the construction of 55 townhome units and 10 accessory dwelling units (ADUs). The following provides a detailed description of the proposed project as shown on the conceptual site plan dated July 2024.22

2.4.1 Proposed Townhomes
The proposed townhomes would include 43 market-rate units and 12 below-market-rate units for a total of 55 townhome units, as well as 10 ADUs. There are several different townhome types proposed, including two-, three-, and four-bedroom units, ranging from 1,442 square feet to 2,295 square feet. Each townhome would have three stories with a roof deck and would be approximately 43 feet tall at the highest point. Each townhome would include private open space through a porch, roof deck, and balcony, averaging approximately 396 square feet per unit. The proposed project includes 110 off-street garage residential parking spaces and 9 guest uncovered parking spaces. Each unit will have an attached private two-car garage. Bicycle storage for residents is provided in the private garages. The proposed project would provide 22 Effective January 1, 2023, Government Code Section 65103.5 (Senate Bill [SB] 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to [email protected]. Plans will also be made available digitally during hearings to consider the proposal. 524
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1,140 square feet of common usable open space. The proposed project site plan is shown on Figure 2-3, Proposed Site Plan.

2.4.2 Landscaping
Groundcover, shrubs, and trees would be planted throughout the site. The total landscape area would be 3,745 square feet. Groundcovers and shrubs proposed on site would be of the Agave, Aloe, Anigozanthus, Arctostaphylos, Bulbine, Calandrinia, Carpenteria, Cistus, Dianella, Dietes, Dodonea, Echeveria, Eremophila, Epilobium, Erigonum, Euphorbia, Galvezia, Grevillea, Festuca, Hemerocallis, Hesperaloe, Heurchera, Lirope, Lomandra, Myrsine, Myrtus, Muhlenbergia, Nandina, Pennisetum, Pittosporum, Polystichum, Prunus, Rhaphiolepis, Rosmarinus, Salvia, Senecio, Sesleria, Teucrium, and Yucca genera. The proposed project would plant 93 trees on-site and off-site, including 18 street trees to replace the 9 existing trees off-site along East Estates Drive and Richwood Drive to be removed. Trees proposed as part of the plant palette include Acer, Agonis, Cercis, Chionanthus, Chitalpa, Geijera Lagerstroemia, Laurus, Magnolia, Olea, Podocarpus, Prunus, Quercus, Rhaphiolepis, Styrax, and Zelkova genera. The street trees proposed along East Estates Drive and Richwood Drive would be Wireless Zelkova (Zelkova serrata 'Schmidtlow') trees.

2.4.3 Project Access and Circulation

2.4.3.1 VEHICULAR ACCESS
The proposed project would have a two-lane entrance/exit circulation pattern with the access point on East Estates Drive. The proposed emergency and garbage pick-up access route would be the same as the proposed vehicle access routes.

As stated in Section 2.2.1, Location, the project site is within a TPA and meets the standard for a major transit stop.23 The closest bus stop to the project site is approximately 0.02 miles (115 feet) away, on the north side of Stevens Creek Boulevard. The nearest transit stop is located 0.05 miles (280 feet) away, on the west side of Miller Avenue, which provides stops with a bus frequency of service interval of 15 to 20 minutes during the peak weekday commute periods along VTA bus route 23 and Rapid Transit 523. In addition, VTA bus routes 25, 51, and 55 have a bus frequency of every 30 minutes or less. The project was reviewed by VTA and no improvements to the stops were requested.
23 Public Resources Code Section 21099 states that a transit priority area means an area within one-half mile of a ‘major transit stop’ that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan, and Section 21064.3 states that a ‘major transit stop’ is a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods. Note that Section 21064.3 was amended in 2024 and the change from 15 minutes to 20 minutes went into effect on January 1, 2025; however, the Cupertino Municipal Code Section 17.08.010, Definitions, includes the now outdated standard of 15 minutes.
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0 Scale (Feet)
60 Source: Toll Brothers; cbg Civil Engineers Surveyors Planners; R3 Studios; SDG Architects, Inc.

Figure 2-3
Proposed Site Plan

PROJECT DESCRIPTION

I D L E W I L D T O W N H O M E S P R O J E C T C E Q A E X E M P T I O N

CITY OF CUPERTINO

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2.4.3.2 PEDESTRIAN AND BICYCLE ACCESS
Pedestrian access to the townhomes would be available from the access point along East Estates Drive. The proposed development provides interior pedestrian circulation throughout the site. While the proposed project does not propose any new bicycle lanes or routes, the project site is accessible via the existing Enhanced Bike Lane on Stevens Creek Boulevard.24

2.4.4 Utilities and Public Services Providers
The proposed utility infrastructure would connect to the existing water, sewer, storm drain system, and electricity network in the area, and would be served by an existing solid waste landfill.

2.4.4.1 WATER SUPPLY AND CONSERVATION
The project site is located within the Cupertino Water Service (CWS) area, leased to San José Water (SJW).

Water service to the project site would be provided by the existing water line via an 8-inch pipe on Stevens Creek Boulevard and a 6-inch pipe on East Estates Drive. No new connections would be needed and are not proposed as part of the project.

The proposed project incorporates a number of features meant to conserve water. The proposed landscaping would include native and/or adaptive, and drought resistant plant materials of similar water use grouped by hydrozones. The majority of plantings would be drought tolerant grasses, shrubs, and trees that once established, would be adapted to a dry summer and intermittent rain in the winter season. All planting and irrigation would conform with the Cupertino Landscape Ordinance, and water uses would be tailored to meet CALGreen Building Standards, which requires water conservation and requires new buildings to reduce water consumption by 20 percent. CMC Sections 16.58.100 through 16.58.140 set forth the standards for green building requirements by type of building. As shown on Table 101.10 in CMC Section

16.58.230, new construction greater than nine homes is required to be Green Points Rated certified at minimum 50 points, Silver in Leadership in Energy & Environmental Design (LEED) (City’s preferred method), or Alternate Reference Standard pursuant to Section 101.10.2.25 The proposed project will be conditioned to meet one of these mandatory standards at the Building Permit phase. The LEED rating system encourages water use reduction. Specifically, in LEED v4.1 for Building Design and Construction (BD+C), Outdoor Water 24 City of Cupertino, June 2016, 2016 Bicycle Transportation Plan, https://www.cupertino.gov/files/assets/city/v/1/ourcommunity/documents/cupertino-bicycle-transpor.pdf, accessed December 30, 2024. 25 Leadership in Energy & Environmental Design (LEED) is a green building certification program that recognizes best-in-class building strategies and practices that reduce consumption energy, and water, and reduce solid waste directly diverted to landfills. LEED certified buildings are ranked in order of efficiency from Certified, Silver, Gold and Platinum being the highest ranking with the greatest efficiency standard. LEED Silver certified buildings typically reduce is the third highest ranking out of the four, with just being certified being the lowest and Gold and Platinum being the second highest. 527
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Use Reduction, Indoor Water Use Reduction and Building-level Water Metering are prerequisites for achieving Water Efficiency (WE) credits.

2.4.4.2 SANITARY SEWER SERVICE
The project site is located within the Cupertino Sanitary District (CSD) service area and wastewater would be treated at the San Jose/Santa Clara Water Pollution Control Plant (SJ/SCWPCD). Wastewater generated at the project site would be collected by the existing 8-inch sanitary sewer main on East Estates Drive.

2.4.4.3 STORMWATER MANAGEMENT
The proposed project would result in approximately 92,600 square feet of impervious surfaces coverage.

Compared to approximately 118,800 square feet of impervious surfaces coverage in existing conditions, this would be a decrease of approximately 26,200 square feet of impervious surfaces. Stormwater will be treated on site as required to meet municipal stormwater permit requirements. The proposed project includes 3,720 square feet of on-site bioretention areas that would hold and treat stormwater before it is discharged to an existing 15-inch public storm drain on East Estates Drive. The proposed project is required to comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 requirements, which include minimization of impervious surfaces, measures to detain or infiltrate runoff from peak flows to match pre-development conditions, and agreements to ensure that the stormwater treatment and flow control facilities are maintained in perpetuity. The proposed project also must comply with CMC Chapter

9.18, Stormwater Pollution Prevention and Watershed Protection, which is intended to provide regulations and give legal effect to certain requirements of the National Pollutant Discharge Elimination System (NPDES) permit issued to the City.

2.4.4.4 SOLID WASTE SERVICES
Recology South Bay would provide curbside recycling, garbage, and compost and landscaping waste service to the project site.26 Each garage will include designated space where waste and recycling bins must be stored. Residents will place their bins on their driveway for pickup. All non-hazardous solid waste collected under the Recology franchise agreement is taken to Newby Island Sanitary Landfill for processing. Under the agreement between the City and Recology, Recology also handles recyclable materials. 26 City of Cupertino, October 15, 2024, Service Providers, https://www.cupertino.gov/Your-City/City-Directory/ServiceProviders, accessed January 2, 2025. 528
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2.4.4.5 OTHER UTILITIES
Electric, cable, and telephone service is anticipated to connect to existing service lines along the north property line. A temporary overhead electric line would be installed to maintain power to the neighboring properties during construction. There are no existing overhead lines along the project site frontage. New on-site utilities would be placed underground, with the exception of the temporary overhead electric line and four pad-mounted transformers. The existing overhead electric lines running along Richwood Drive will remain.

The proposed project would be all electric and Pacific Gas & Electric (PG&E) would supply electricity to the project site via existing infrastructure.27 The source of electricity would be provided through a partnership of Silicon Valley Clean Energy (SVCE), which provides a standard electricity offering from a 50 percent renewable portfolio,28 and PG&E. SVCE also offers a 100 percent renewable option that electricity customers can opt into. As previously stated in Section 2.4.4.1, Water Supply and Conservation, the proposed project would comply with the City’s adopted green building requirements, which includes the California Green Building Standards Code (Title 24) and is required to be Green Points Rated certified.

2.4.5 Demolition, Grading, and Construction
The proposed project demolition, grading, and construction is assumed to take place starting in summer 2026 and ending in 2028. The project applicant proposes to demolish the existing building on the project site.

Demolition and construction work would be conducted between 7:00 a.m. to 8:00 p.m. on weekdays, as provided for in CMC Section 10.48.053, Grading, Construction and Demolition. Demolition and construction is not permitted on weekends or holidays for sites within 750 feet of other residential properties.29 Demolition debris would be off-hauled for disposal in accordance with the City of Cupertino’s Recycling and Diversion of Construction and Demolition Waste Ordinance.30 Preliminary grading plans show that there would be approximately 1,200 cubic yards of cut and 4,130 cubic yards of fill for a net 2,930 cubic yards of fill to be imported to the project site. Approximately 3,700 cubic yards of rock material would also be exported during the site preparation phase. Typical equipment to be used for demolition and site 27 City of Cupertino, October 15, 2024, Service Providers, https://www.cupertino.gov/Your-City/City-Directory/ServiceProviders, accessed January 2, 2025. 28 Silicon Valley Clean Energy, 2022. It’s All About Choice, https://www.svcleanenergy.org/choices/, accessed January 2, 2025.
29 Cupertino Municipal Code, Title 10, Public Peace, Safety and Morals, Chapter 10.48, Community Noise Control, Section

10.48.053, Grading, Construction and Demolition. 30 Cupertino Municipal Code, Title 16, Building and Construction, Chapter 16.72, Recycling and Diversion of Construction and Demolition Waste.
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preparation would include concrete/industrial saws, rubber tired dozers, tractors, loaders, backhoes, graders, and scrapers.

No pile driving, rock blasting, or crushing would occur during the construction phase. Typical equipment to be used during construction of the proposed project would include cranes, forklifts, generator sets, tractors, loaders, backhoes, welders, cement and mortar mixers, pavers, paving equipment, and rollers. In compliance with CMC Section 17.04.050(A)(3) which requires the use of Tier 4 or higher equipment, the project applicant has voluntarily committed to the use of Tier 4 Final equipment, which will also be a condition of approval.

During demolition and construction, vehicles, equipment, and materials would be staged and stored on a centrally located portion of the project site when practical. The construction staging would be reduced in size and equipment needs as the site is built out. The project applicant would be conditioned to restrict any long-term staging of equipment from being around the perimeter of the site adjacent to existing residential uses. No staging would occur in the public right-of-way. The construction site and staging areas would be clearly marked, and construction fencing would be installed to prevent disturbance and safety hazards. A combination of on- and off-site parking facilities for construction workers would be identified during demolition, grading, and construction.

2.4.6 Required Permits and Approvals
Following adoption of the CEQA Categorical Exemption, Streamlined Review, and the approval of the proposed project by the City Council, the following discretionary approvals from the City would be required for the proposed project:
 Tentative Map
 Architectural and Site Approval
 Public Art or in-lieu fee determination
 Park Land Dedication or payment of in-lieu fee determination  Concessions or incentives, waivers or reductions of development standards, and reductions of parking requirements pursuant to the State Density Bonus Law
In addition, permits for demolition, grading and building, and the certificate of occupancy would be required from the City. Encroachment permits from the City would also be required for any work performed in the public right-of-way.

Other agencies that also have discretionary authority related to the proposed project, such as PG&E would authorize the connection/reconnection of electric utilities, San José Water would authorize the installation of a water meter connection, and CSD would be responsible for authorizing the sanitary sewer line. 530
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3. Exemption
As stated in Chapter 1, Introduction, of this document, Article 19 of the CEQA Guidelines includes a list of classes (1 through 33) of projects that have been determined not to have a significant effect on the environment and, as a result, are exempt from review under CEQA. This document has been prepared to serve as the basis for compliance with CEQA as it pertains to the proposed project, and to demonstrate that the project qualifies for a CEQA Exemption as an Infill Development Project, consistent with the provisions of CEQA Guidelines Sections 15332 and 15300.2. Specifically, the information provided herein shows that:
 The proposed project qualifies for an exemption under CEQA Guidelines Section 15332 (Class 32: Infill Development Projects) and, as a result, would not have a significant effect on the environment.  No exceptions to the infill exemption, as identified in CEQA Guidelines Section 15300.2, apply to the proposed project.

This chapter is based in part on the following technical studies prepared for the project applicant:
 ENGEO, June 11, 2025, Phase I Environmental Site Assessment, Idlewild Shopping Center, Cupertino, California (see Appendix A, Environmental Site Assessment, of this document).  Hexagon Transportation Consultants, Inc., September 24, 2025, Transportation Analysis for the Proposed Residential Development at 10065-10075 East Estates Drive in Cupertino, CA (see Appendix B, Transportation Analysis, of this document).

These technical studies were also peer reviewed by PlaceWorks on behalf of the City of Cupertino.

3.1 CEQA GUIDELINES SECTION 15332(A): GENERAL PLAN AND

ZONING CONSISTENCY
For the reasons stated here, the proposed project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as the applicable zoning designations and regulations at the time of project application and therefore meets the criteria for CEQA Guidelines Section 15332(a).

3.1.1 General Plan
As described in Section 2.3, Land Use and Zoning Designations, the project site is designated Commercial/Residential Very High Density, which allows mixed-use development with commercial uses and an established residential density of up to 50 dwelling units per acre. In addition, the Heart of the City Specific Plan also designates the project site Commercial/Residential Very High Density and allows for fully 531
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residential development through the approval of a Conditional Use Permit. The proposed project would include the demolition of the existing commercial buildings and replacement with 55 residential townhome units and 10 ADUs. Therefore, implementation of the proposed project will not introduce a new incompatible land use to the project site. The proposed project is within the density allowed for the project site.31 Therefore, the proposed project is consistent with the General Plan land use designation for the project site. In addition, the proposed maximum building height of 45 feet is consistent with the 45-foot height limit allowed for the project site.

3.1.2 Zoning
As described in Section 2.3, Land Use and Zoning Designations, the project site’s zoning district at the time of project application is Planned Development with General Commercial with Multi-Family Residential (P(CG, R-4)), which allows for residential uses on the property. Therefore, the proposed project will not introduce a new incompatible use and will continue to be consistent with the zoning designation on the project site applicable at the time of project application.

3.2 CEQA GUIDELINES SECTION 15332(B): PROJECT LOCATION, SIZE,

AND CONTEXT
For the reasons stated here, the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses and therefore meets the criteria of CEQA Guidelines Section 15332(b).

The proposed project is within city limits on an approximately 2.72-acre site. The project site is surrounded by urban uses and paved public streets, including commercial and residential uses, as shown on Figure 2-2, Aerial View of the Project Site and Surroundings. The project site is centrally located in the city and within a PDA and TPA. Accordingly, the proposed project meets the criteria of CEQA Guidelines Section 15332(b).

3.3 CEQA GUIDELINES SECTION 15332(C): ENDANGERED, RARE, OR

THREATENED SPECIES
For the reasons stated here, which includes compliance with the standard condition of approval protecting nesting birds and glass and lighting standards to reduce bird mortality from windows, other specific glass features, and certain lighting elements listed herein, the project site has no value for endangered, rare, or threatened species and therefore meets the criteria of CEQA Guidelines Section 15332(c). 31 A density of 50 units per acre is allowed on the project site, which would allow up to 136 units on the 2.72-acre project site. The proposed 55 townhome units and 10 ADUs are within this allowance. 532
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The project site and surrounding area are developed with urban uses. Using data from the Classification and Assessment with Landsat of Visible Ecological Groupings (CALVEG)32 habitat mapping program, the site is classified as an “urban area.” Property with this classification tends to have low to poor wildlife habitat value due to replacement of natural communities, fragmentation of remaining open space areas and parks, and intensive human disturbance. The California Natural Diversity Database (CNDDB) has no record of special-status plant and animal species on the project site or urbanized areas within a one-mile area surrounding the project site.33 There are no natural lands within a one-mile area of the project site. For these reasons, the project site has no value as habitat for endangered, rare, or threatened species.

While there is currently no landscaping on the project site, six existing off-site trees along Stevens Creek Boulevard will be removed as a part of the proposed project. Migratory birds, which are protected under the Migratory Bird Treaty Act, may use vegetation, including existing trees, on or near the project site for nesting. The project applicant will be required to comply with CMC Chapter 17.04, Standard Environmental Protection Requirements. Specifically, the project applicant will be required to comply with CMC Section

17.05.050(D)(1) listed here, which will minimize potential impacts to nesting birds during tree removal and construction:

CMC Section 17.04.050(D)(1), Avoid Nesting Birds During Construction. For all projects that involve removal of a tree (either protected or unprotected) or other vegetation suitable for nesting birds, or construction or ground-disturbing activities defined in CMC Section 17.04.020, the project applicant shall comply with, and the construction contractor shall indicate the following on all construction plans, when required to ensure the following measures are performed to avoid inadvertent take of bird nests protected under the federal Migratory Bird Treaty Act and California Fish and Game Code when in active use:
a. Demolition, construction, ground-disturbing, and tree removal/pruning activities shall be scheduled to avoid the nesting season to the extent feasible. If feasible, construction, grounddisturbing, or tree removal/pruning activities shall be completed before the start of the nesting season to help preclude nesting. The nesting season for most birds and raptors in the San Francisco Bay area extends from February 1 through August 31. Preconstruction surveys (described below) are not required for construction, ground-disturbing, or tree removal/pruning activities outside the nesting period.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities occur during the nesting season (February 1 through August 31), preconstruction surveys shall be conducted as follows:
32 The CALVEG system was initiated in January 1978 by the Region 5 Ecology Group of the US Forest Service to classify California’s existing vegetation communities for use in statewide resource planning. CALVEG maps use a hierarchical classification on the following categories: forest, woodland, chaparral, shrubs, and herbaceous. 33 California Natural Diversity Database, 2025, CNDDB Maps and Data, https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data, accessed May 7, 2025.
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i. No more than seven days prior to the start of demolition, construction, ground-disturbing, or tree removal/pruning activities to identify any active nests with eggs or young birds on the site and surrounding area within 100 feet of construction or tree removal activities. ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground-disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction areas for active nests, while ensuring that they do not disturb the nests as follows:

1. For projects that require the demolition or construction of one single-family residence, ground--disturbing activities affecting areas of up to 500 square feet, or the removal of up to three trees, the property owner, or a tree removal contractor, if necessary, is permitted to conduct preconstruction surveys to identify if there are any active nests. If any active nests with eggs or young birds are identified, the project applicant shall retain a qualified ornithologist or biologist to identify protective measures.

2. For any other demolition, construction, and ground-disturbing activity or the removal of four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys.
c. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, ground-disturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds. d. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance, and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. 534
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A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her designee, through the appropriate permit review process (e.g., demolition, construction, tree removal, etc.), and be completed to the satisfaction of the Community Development Director prior to the start of demolition, construction, ground-disturbing, or tree removal/pruning activities.

In addition to protecting migratory birds, there are numerous bat species that are known to be in the Cupertino area, most of which are relatively common and are not considered special-status species. The CNDDB does not show any occurrences of special-status bats within the site vicinity or anywhere in Cupertino but does show records within several miles of Cupertino.34 The project applicant will be required to comply with CMC Chapter 17.04, Standard Environmental Protection Requirements. Specifically, the project applicant will be required to comply with CMC Section 17.05.050(D)(2) listed below, which will minimize potential impacts to roosting bats during tree removal and construction:

CMC Section 17.04.050(D)(2), Avoid Special-Status Roosting Bats During Construction Permit Requirements.
a. For all projects that involve demolition, renovation, or re-tenanting of an abandoned or vacant building or structure, where the property owner cannot show evidence to the satisfaction of the City of Cupertino Building Inspector that the building or structure was appropriately sealed at the time the building or structure was vacated to prevent bats from roosting, the project applicant shall retain a qualified biologist to conduct preconstruction surveys of the on-site buildings or structures prior to commencing any demolition, renovation, or re-tenanting activities. A building or structure is not appropriately sealed unless seal holes that are more than 0.5 inches in diameter or cracks that are 0.25 by 1.5 inches or larger are filled or closed with suitable material, such as caulking, putty, duct tape, self-expanding polyurethane foam, 0.25-inch mesh hardware cloth, 0.5-inch or smaller welded wire mesh, installing tighter-fitting screen doors, or steel wool. b. The project applicant shall comply with, and the construction contractor shall include in the applicable construction documents, the following to ensure appropriate preconstruction surveys are performed and adequate avoidance provided for any special-status roosting bats, if encountered on the site. Preconstruction surveys shall:
i. Be conducted by a qualified biologist prior to tree removal or building demolition, renovation, or re-tenanting. Note that the preconstruction survey for roosting bats is required at any time of year since there is no defined bat roosting season as there is with nesting birds. 34 California Natural Diversity Database, 2025, CNDDB Maps and Data, https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data, accessed May 7, 2025.
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ii. Be conducted no more than 14 days prior to the start of tree removal or demolition, renovation, or re-tenanting.
iii. Be repeated at 14-day intervals until construction has been initiated, after which surveys can be stopped, unless construction activities are suspended for more than 7 consecutive days, at which point the surveys shall be reinitiated.
iv. If no special-status bats are found during the survey(s), then no additional measures are warranted.
c. Protective measures shall be included in the applicable construction documents and implemented prior to issuance of permits, if any special-status bat species are encountered or for any roosts detected within the existing structures, where individual bats could be inadvertently trapped and injured or killed during demolition unless passively evicted in advance of construction activities.

Protective measures shall include:
i. If no maternity roosts are detected, adult bats can be flushed out of the structure or tree cavity using a one-way eviction door placed over the exit location for a minimum 48-hour period prior to the time tree removal or building demolition is to commence. ii. Confirmation by the qualified biologist that the one-way eviction door was effective, and that all bats have dispersed from the roost location, modifying any exclusion efforts to ensure individual bats have been successfully evicted in advance of initiating tree removal or building demolition.
iii. If a maternity roost is detected, and young are found roosting in a building identified for demolition, renovation, or re-tenanting, work shall be postponed until the young are flying free and are feeding on their own, as determined by the qualified biologist. iv. Once the qualified biologist has determined that any young bats can successfully function without the maternity roost, then the adults and young bats can be excluded from the structure to be demolished using the one-way eviction methods described above. v. Monitoring shall be provided by the qualified biologist as necessary to determine status of any roosting activity, success of any required bat exclusion, and status of any maternity roosting activity by bats, in the remote instance a maternity roost is encountered on the site.

Furthermore, the proposed applicant will be required to comply with CMC Chapter 19.102, Glass and Lighting Standards, which establishes regulations to reduce bird mortality from windows, other specific glass features, and certain lighting elements that are known to increase the risk of bird collisions. No more than 10 percent of the surface area of the façade will be untreated glass. The proposed project will avoid the funneling of flight paths along buildings or trees towards a building façade, avoid use of highly reflective glass or highly transparent glass, and not include skyways or walkways, balconies, freestanding walls, or building corners made of untreated glass or other transparent materials, or any other design elements that 536
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are untreated and through which trees, landscape areas, water features, or the sky are visible from the exterior or from one side of the transparent element to the other. All outdoor lighting will be fully shielded fixtures, directed downward to meet the particular need and away from adjacent properties and rights-ofway to avoid light trespass.

Accordingly, the proposed project meets the criteria of CEQA Guidelines Section 15332(c).

3.4 CEQA GUIDELINES SECTION 15332(D): TRAFFIC, NOISE, AIR

QUALITY, OR WATER QUALITY
For the reasons stated here, the proposed project will not result in any significant effects related to traffic, noise, air quality, or water quality and therefore meets the criteria of CEQA Guidelines Section 15332(d).

3.4.1 Traffic
The analysis presented in this section is based in part on the Transportation Analysis for the Proposed Residential Development at 10065-10075 East Estates Drive in Cupertino, CA prepared for the proposed project and appended as Appendix B, Transportation Analysis, to this document.

The project site is in the eastern region of the city along Stevens Creek Boulevard. Regional access to the project site is provided by I-280 via North Wolfe Road to the north, and by Highway 85 via Stevens Creek Boulevard to the west. Vehicular access to and from the project site on Stevens Creek Boulevard will be provided through the access point on East Estates Drive.

The project site will continue to be accessible to pedestrians, bicyclists, and transit users. The site is served by the existing Enhanced Bike Lane on Stevens Creek Boulevard. Public transit to the project site is provided by local municipal bus lines 23, 25, 51, 55, and Rapid Transit 523 operated by the VTA with bus stops approximately 0.02 miles away on the north side of Stevens Creek Boulevard.

3.4.1.1 CONSISTENCY WITH CIRCULATION SYSTEM PROGRAMS AND PLANS Plan Bay Area 2050 is the Bay Area’s Regional Transportation Plan (RTP) and Sustainable Community Strategy (SCS) that identifies the sustainable vision for the Bay Area. An overarching goal of the regional plan is to concentrate development in areas where there are existing services and infrastructure rather than allocate new growth to outlying areas where substantial transportation investments would be necessary to achieve VMT reductions. The proposed project is an infill development project within a Santa Clara VTA City 537
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Cores, Corridors, and Station Areas PDA35 and within a TPA36 that will result in a change in land use from commercial to residential in a portion of the city that has access to existing infrastructure and services.

Therefore, the proposed project will not conflict with Plan Bay Area 2050.

Pedestrian, bicycle, and public transit access to and from the project site will not change from existing conditions. The proposed project will not increase the population at the project site such that it would result in a large number of vehicular trips (i.e., the existing commercial uses generate 350 net daily trips and the proposed project will generate approximately 100 net new daily trips to the project site)37 and will not otherwise decrease the performance or safety of such pedestrian, bicycle, or public transit facilities or cause a substantial increase in transit demand that cannot be accommodated by existing or proposed transit capacity or alternative travel modes. Therefore, the proposed project will not result in changes to the City’s transportation and circulation system that could conflict with adopted policies, plans, or programs regarding transit, bicycle, or pedestrian facilities.

3.4.1.2 VEHICLE-MILES TRAVELED
On February 16, 2021, the City adopted CMC Chapter 17.08, Evaluation of Transportation Impacts Under the California Environmental Quality Act, which provides screening criteria and VMT thresholds for land use development projects, transportation projects, and other projects pursuant to CEQA. Under CMC Chapter

17.08, a project would be screened out from more detailed VMT analysis if the project is consistent with applicable General Plan policies and supported by substantial evidence demonstrating cumulative VMT is declining. Project screening may be used for projects that meet one or more of the following criteria:
 A project located within one-quarter mile of a High-Quality Transit Corridor or transit stop as defined by CEQA.
 Local-serving retail of 50,000 square feet or less.
 Land-use projects consisting of 100% affordable housing.

CEQA Guidelines Section 21155(b) defines a high-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. The closest bus stop to the project site is approximately 0.02 miles away on the north side of Stevens Creek Boulevard. The nearest transit stop is located 0.05 miles away, on the west side of Miller Avenue, which provides stops with a bus frequency service interval of 15 to 20 minutes during the peak weekday commute periods along VTA 35 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Priority Development Areas (Plan Bay Area 2050), https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area2050, accessed March 18, 2025. 36 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Transit Priority Areas (2021), https://www.arcgis.com/apps/mapviewer/index.html?layers=370de9dc4d65402d992a769bf6ac8ef5, accessed March 18, 2025.
37 Hexagon Transportation Consultants, Inc., September 24, 2025, Transportation Analysis for the Proposed Residential Development at 10065-10075 East Estates Drive in Cupertino, CA (see Appendix B, Transportation Analysis, of this document). 538
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bus route 23 and Rapid Transit 523. As previously described in Section 3.4.1.1, Consistency with Circulation System Programs and Plans, the project site is within a TPA.38 Under the Plan Bay Area 2050 strategies, just under half of all Bay Area households would live within one-half mile of frequent transit by 2050, with this share increasing to over 70 percent for households with low incomes. Transportation and environmental strategies that support active and shared modes, combined with a transit-supportive land use pattern, are forecasted to lower the share of Bay Area residents that drive to work alone from over 50 percent in 2015 to 36 percent in 2050. Accordingly, development in a TPA demonstrates a cumulative decline of VMT in the city and region. Pursuant to the City’s Project Activity Map, the City is processing multiple applications for housing in the TPA.39 Therefore, these projects, along with the proposed project, demonstrate a cumulative decline in VMT. As such, the proposed project meets the City’s VMT screening criteria of being within 0.25 miles of a major transit stop40 and declining cumulative VMT.

In addition, the City’s 2021 Transportation Study Guidelines provides detailed screening criteria to complete the screening process.
41 The 2021 Transportation Study Guidelines state that residential development projects located within a quarter-mile walkshed around an existing major transit corridor or a major transit stop (i.e., along Stevens Creek Boulevard in Cupertino) may be screened out of further VMT analysis pursuant to the TPA screening criteria. However, TPA screening would not apply if the project meets any of the following criteria:
 The project has a Floor Area Ratio (FAR) of 0.75 or less;  The proposed parking exceeds the minimum required by the Zoning Code or applicable plan;  The Project is inconsistent with the City’s General Plan, applicable Specific Plan, or applicable Sustainable Communities Strategy (as determined by the lead agency, with input from ABAG and MTC);  The Project removes or reduces the number of existing on-site affordable residential units; or,  Significant levels of VMT generation are anticipated due to project-specific or location-specific information.

As described, the project site is within a quarter-mile walkshed around an existing major transit corridor due to its northern frontage located along Stevens Creek Boulevard. The proposed project would have a FAR greater than 0.75. The proposed project would replace commercial uses with 55 residential townhomes 38 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Transit Priority Areas (2021), https://www.arcgis.com/apps/mapviewer/index.html?layers=370de9dc4d65402d992a769bf6ac8ef5, accessed March 18, 2025.
39 City of Cupertino, Major Projects, https://www.cupertino.gov/Your-City/Departments/CommunityDevelopment/Planning/Major-Projects. 40 Public Resources Code Section 21064.3 states that a major transit stop is a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods. Note that Section 21064.3 was amended in 2024 and the change from 15 to 20 minutes went into effect on January 1, 2025; however, the Cupertino Municipal Code Section 17.08.010, Definitions, includes the now outdated standard of 15 minutes. 41 City of Cupertino, May 2021, City of Cupertino Transportation Study Guidelines. 539
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and 10 ADUs and is consistent with the City’s General Plan. The City’s parking requirement for the proposed townhomes is 2.8 parking space per dwelling unit (CMC Table 19.124.040(A)) resulting in 154 spaces and the project parking includes 119 parking spaces. No affordable housing is being removed as a result of the proposed project, and as explained, development in a PDA and TPA is assumed to reduce cumulative VMT.

Accordingly, the proposed project qualifies for the TPA screening criteria, and no VMT-related impacts would occur.

3.4.1.3 DESIGN FEATURE OR INCOMPATIBLE USE HAZARDS
The proposed internal roadways will be constructed to be 24 to 39 feet wide and the proposed driveway along East Estates Drive to be approximately 26 feet wide, which is consistent with the CMC roadway standards. Since the increase of the number of vehicle trips resulting from the proposed project will be minor, the proposed driveway is expected to operate acceptably during both peak hours. The speed limit along East Estates Drive is 25 miles per hour (mph), for which the California Department of Transportation recommends a stopping sight distance of 200 feet. Some minor roadway curvature is present along East Estates Drive; however, a clear line of sight is available in both directions for at least 200 feet so that exiting vehicles can see along both directions of East Estates Drive. The proposed project will not include landscaping or signage along the project site frontage and entrances that will interfere with the corner triangles at the proposed driveways. The canopies of trees along East Estates Drive would be maintained so that they are at least 10 feet in height and do not impede the view of exiting drivers. While street parking is permitted along East Estates Drive, the red curb would be striped equal to one car length south of the proposed driveway and all the way to Stevens Creek Boulevard north of the proposed driveway. 42 Therefore, no significant hazards in the area will occur during operation.

During the construction period, the proposed project will result in temporary changes to existing transportation conditions. Temporary traffic will be generated by construction employees and construction activities, including haul trucks. As discussed in Section 2.4.5, Demolition, Grading, and Construction, during demolition and construction, vehicle, equipment, and materials will be staged and stored on a portion of the project site. The construction site and staging areas will be clearly marked, and construction fencing will be installed to prevent disturbance and safety hazards. Therefore, no significant hazards in the area will occur during the construction phase.
42 Hexagon Transportation Consultants, Inc., September 24, 2025, Transportation Analysis for the Proposed Residential Development at 10065-10075 East Estates Drive in Cupertino, CA (see Appendix B, Transportation Analysis, of this document). 540
CC 12-16-2025
540 of 2165

IDLEWIL D TOWNHOMES PROJECT CEQA EXEMPTION

CITY OF CUPERTINO

3. Exemption

Page 31 ends

Cupertino City CouncilDecember 16, 2025

Cupertino City Council
December 16, 2025