CC 01-21-2026 Searchable Packet.pdf — Cupertino City Council, January 21, 2026 (part 4 of 12)

MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH West Coast Code Consultants, Inc.

1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and West Coast Code Consultants, Inc. (“Contractor”) a Corporation for On-Call Plan Review Services, and is effective on the last date signed below (“Effective Date”).

2. SERVICES

2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must comply with this Agreement and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out work in compliance with any applicable local, State, or Federal order regarding COVID-19.

2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City’s best interests. Contractor will not be compensated for Services performed without a duly authorized and executed Service Order.

2.3 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.

Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.

3. TIME OF PERFORMANCE

3.1 Term. This Agreement begins on the Effective Date and ends on June 29, 2029 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.
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3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time.

3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order request.

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $500,000.00 (“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount.

4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order.

4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement.

5. INDEPENDENT CONTRACTOR

5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City.

5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry.

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

5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.

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

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

7. OWNERSHIP OF MATERIALS

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

7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval.

7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.

7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this Agreement, to execute or implement any of the following:
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(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.

7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.

8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment.

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

9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity will be considered an assignment of the Agreement and subject to City approval. Control means fifty percent (50%) or more of the voting power of the business entity.

10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles.

No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any 534
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manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary information; (e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.

11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.

11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.

11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order or other transaction.

11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

11.6 This Section 11 shall survive termination of the Agreement.

12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement.

13. COMPLIANCE WITH LAWS

13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.
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13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.

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

Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.

Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees.

13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.

14. PROJECT COORDINATION
City Project Manager. The City assigns Sean Hatch as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.

Contractor Project Manager. Subject to City approval, Contractor assigns Donald Zhao as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays with the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs toCity.

15. ABANDONMENT OF PROJECT
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to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services.

16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.

17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.

Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact.

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

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

20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.

21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.

22. INSERTED PROVISIONS
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required provisions. The Parties will collaborate to implement this Section, as appropriate.

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

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

25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and remain in full force and effect.

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

To City of Cupertino
Office of the City Manager
10300 Torre Ave.

Cupertino, CA 95014
Attention: :Sean Hatch
Email: [email protected]
To Contractor: West Coast Code Consultants, Inc.
5000 Executive Pkwy, Suite 510 San Ramon CA
94583
Attention: Donald Zhao
Email: [email protected]

27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CITY OF CUPERTINO
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A Municipal Corporation
By
Name
Title
Date
WEST COAST CODE CONSULTANTS, INC.

By
Name
Title
Date
APPROVED AS TO FORM:

MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:

LAUREN SAPUDAR
Acting City Clerk
Date
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MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH INDEPENDENT CODE CONSULTANTS, INC.

1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and INDEPENDENT CODE CONSULTANTS, INC. (“Contractor”) a Corporation for On-Call Plan Review Services, and is effective on the last date signed below (“Effective Date”).

2. SERVICES

3. TIME OF PERFORMANCE

3.1 Term. This Agreement begins on the Effective Date and ends on June 29, 2029 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.
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3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time.

4. COMPENSATION

5. INDEPENDENT CONTRACTOR

5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment required to perform the Services under this Agreement.
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7. OWNERSHIP OF MATERIALS

7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this Agreement, to execute or implement any of the following:
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(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.

7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.

No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any 546
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11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order or other transaction.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

11.6 This Section 11 shall survive termination of the Agreement.

13. COMPLIANCE WITH LAWS

13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.
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Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

Contractor Project Manager. Subject to City approval, Contractor assigns Abigail Obligacion as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays with the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs toCity.

15. ABANDONMENT OF PROJECT
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19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.

22. INSERTED PROVISIONS
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required provisions. The Parties will collaborate to implement this Section, as appropriate.

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

To City of Cupertino
Office of the City Manager
10300 Torre Ave.

Cupertino, CA 95014
Attention: :Sean Hatch
Email: [email protected]
To Contractor: INDEPENDENT CODE
CONSULTANTS, INC.
1931 SAN MIGUEL DR, STE 100 WALNUT
CREEK CA 94596
Attention: Abigail Obligacion
Email:
[email protected]

IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CITY OF CUPERTINO
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A Municipal Corporation
By
Name
Title
Date
INDEPENDENT CODE CONSULTANTS, INC.

By
Name
Title
Date
APPROVED AS TO FORM:

MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:

LAUREN SAPUDAR
Acting City Clerk
Date
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EXHIBIT - A
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MASTER PROFESSIONAL/SPECIALIZED SERVICES

AGREEMENT WITH BPR CONSULTING GROUP

1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and BPR CONSULTING GROUP (“Contractor”) a Corporation
for On-Call Plan Review Services
on the last date signed below (“Effective Date”).
, and is effective

2. SERVICES

3. TIME OF PERFORMANCE

3.1 Term. This Agreement begins on the Effective Date and ends on Jume 29, 2029 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds 555
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are subject to the City’s purchasing policy.
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3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time.

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $ 500,000.00 (“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount.

5. INDEPENDENT CONTRACTOR

5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment required to perform the Services under this Agreement.

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

7. OWNERSHIP OF MATERIALS

7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
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7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.

No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
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(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary information; (e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.

11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order or other transaction.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

11.6 This Section 11 shall survive termination of the Agreement.

13. COMPLIANCE WITH LAWS

13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.
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Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

Contractor Project Manager. Subject to City approval, Contractor assigns Rob Beehler as its single Representative for all purposes under this Agreement, with authority tooversee the progress and performance of the Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays with the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs toCity.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time 561
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to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in 562
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closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services.

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

22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 563
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23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.

To City of Cupertino To Contractor: BPR CONSULTING GROUP Office of the City Manager
10300 Torre Ave.
2130 Professional Drive, #150 Roseville, CA 95661
Cupertino, CA 95014
Attention: Sean Hatch Attention: Rob Beehler
Email: [email protected] Email: [email protected]

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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date

CONTRACTOR
By
Name
Title
Date
APPROVED AS TO FORM:

City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
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EXHIBIT-A Attachment A - Scope of Work
I. Overview
The City of Cupertino requires on-call professional plan review services to augment the operations of its Building Division. The Consultant will be tasked with conducting comprehensive and timely reviews of construction documents, including plans and calculations, to ensure full compliance with the California Code of Regulations, Title 24 (encompassing all building, residential, mechanical, electrical, plumbing, energy, green building, and accessibility standards), as well as the Cupertino Municipal Code, Chapter 16. Key responsibilities will include coordinating with City staff and applicants to resolve code-related issues and facilitate the permit approval process. As this is an on-call service, the consultant must demonstrate the ability to adapt to fluctuating workloads while consistently delivering technically accurate reviews and maintaining excellent customer service.

II. Background
The City of Cupertino, with a population of approximately 60,000, is situated at the base of the Santa Cruz Mountains on the western edge of Silicon Valley. Geographically, the city lies near several major earthquake fault lines, including the San Andreas Fault, making seismic awareness a key part of the local planning.

Cupertino is known for its cultural diversity and aims to be a model multicultural commw1ity for the 21st century. With one of the most diverse, tech-savvy, and civically engaged populations in Northern California, the city continues to attract attention across the region. Its landscape features a unique blend of corporate campuses-most notably the headquarters of Apple Inc.-and tree-lined residential neighborhoods that extend into the scenic foothills. Cupertino offers a dynamic business climate supported by a strong presence of hightech companies. The city's public schools, honored with numerous state and national awards, are widely recognized for academic excellence. It is also home to De Anza College, consistently ranked among the top community colleges in California. The combination of top-tier schools, proximity to technology jobs, access to open space, and geographic significance makes Cupertino a highly desirable place to live and work.

III. Plan Review Requirements
The Consultant shall provide a comprehensive and detailed electronic plan review for all types and sizes of residential and commercial projects submitted to the City for permitting. The review shall verify that the design, as detailed in the plans and supporting documents, is in full conformity with all applicable state and local regulations. All reviews must be performed by professionals qualified in their respective disciplines.

All reviews shall be conducted on the electronically submitted documents using the Cupertino electronic plan review system called ProjectDox. The consultant shall provide detailed, code-cited comments for all identified deficiencies in a written report. The scope shall also include subsequent back-check reviews of revised submittals until the plans are determined to be in substantial compliance.

The scope of review shall encompass all relevant portions of the currently adopted California Code of Regulations (Title 24) and the City of Cupertino Municipal Code. The review shall address, but is not limited to, the following disciplines:
• Fire and Life-Safety: A thorough review for compliance with the California Building Code (CBC) and California Fire Code (CFC), including:
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o Occupancy classification and occupant load calculations. o Means of egress, including exit access, exit discharge, capacity, and travel distances. o Fire-resistance-rated construction for walls, floor/ceiling assemblies, and shaft enclosures. o Design and layout of fire protection systems, including automatic fire sprinkler and alarm systems.
o Smoke control systems and features.
o Fire department access roads and water supply.
• Accessibility: A detailed review for compliance with CBC Chapters llA (Housing Accessibility) and llB (Accessibility to Public Buildings), including:
o Accessible routes to and through the site, common use areas, and public spaces. o Required number and distribution of accessible dwelling and lodging units. o Compliance of interior features with accessibility standards. o Accessible parking and passenger loading zones.
o Proper placement and design of accessible signage.
• Structural: A complete review of structural plans and supporting calculations for compliance with the CBC and referenced standards (e.g., ASCE 7), including:
o Verification of design loads, including gravity, wind, and seismic forces. o Compliance of the foundation and framing systems with the design criteria. o Completeness of structural details, connections, and material specifications. o Review of geotechnical reports and their incorporation into the foundation design. o Requirements for deferred submittals and special inspections. • Plumbing: A review of all plumbing plans and riser diagrams for compliance with the California Plumbing Code (CPC), including:
o Calculation of required plumbing fixture counts.
o Proper sizing and layout of water supply, distribution, and gas piping systems. o Design of sanitary drainage, waste, and vent (DWV) systems. o Provisions for cross-connection control and backflow prevention. • Mechanical: A review of mechanical plans for compliance with the California Mechanical Code (CMC), including:
o Design and sizing of heating, ventilation, and air conditioning (HVAC) systems. o Equipment schedules, ductwork layouts, and ventilation calculations. o Design of exhaust systems, including clothes dryer, kitchen, and bathroom exhausts. o Condensate disposal and combustion air provisions.
• Electrical: A review of electrical plans for compliance with the California Electrical Code (CEC), including:
o Service and feeder sizing, load calculations, and panelboard schedules. o Grounding and bonding requirements.
o Wiring methods, conductor sizing, and overcurrent protection. o Layout of lighting, receptacles, and equipment connections, including emergency power systems.
• Energy: A comprehensive review for compliance with the California Energy Code (CEnC), including:
o Verification of all required compliance documentation (e.g., Certificate of Compliance). o Analysis of the building envelope, including insulation, roofing, and fenestration Ufactor/SHGC values. o Confirmation of high-efficiency mechanical systems for heating, cooling, and water heating. o Verification of lighting system compliance, including luminaire efficacy and control requirements.
o Confirmation of mandatory photovoltaic (PV) system requirements for applicable occupancies. • Green Building Standards: A review for compliance with all mandatory measures of the California Green Building Standards Code (CALGreen), including: 567 CC 01-21-2026
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o Planning and Design requirements for stormwater management and site development. o Indoor and outdoor water efficiency, including fixture flow rates and irrigation systems. o Construction waste management and diversion requirements. o Pollutant control for low-emitting materials and proper indoor air quality/ventilation. o Verification of electric vehicle (EV) charging infrastructure requirements.

IV. General Requirements and Considerations
Plan Review Coordination
The Consultant shall designate a single, qualified individual, such as a Project Coordinator or Project Manager, to serve as the primary point of contact for all communications between the City and the Consultant. This individual will be responsible for managing all correspondence, including comment and approval letters; maintaining an orderly record of all projects under review; and overseeing the submittal of the Consultant's billing statements. The designated contact must be available during normal business days to respond to City inquiries regarding project statuses and code-related questions. All plan review communications shall be conducted in a clear and concise manner, with direct references to the applicable codes or standards.

Electronic Plan Review Status and Records
Maintaining accurate records for all plan review submittals and associated billing is of the utmost priority. The Consultant is required to use the City's electronic plan review system, ProjectDox, to perform all reviews and to upload required comment letters or approval letters in accordance with established City procedures. To ensure fees are promptly entered into the permit record for payment, all invoices must be emailed to [email protected] upon the completion of each review cycle.

Transmittal of Plans and Comments
City staff will initiate a review by electronically notifying the Consultant of an incoming submittal, which will include a transmittal letter containing all necessary permit and fee information. The submittal will then be formally assigned to the Consultant within ProjectDox for tracking and completion. Once a review is finished, any resulting comment letter shall be uploaded into the "Review Comments" folder within ProjectDox. The final step is for the Consultant to complete the assigned workflow task in the system, which automatically notifies City staff that the review is complete.

Resubmittals, Revisions, and Deferred Submittals
Permit applicants are strictly prohibited from submitting or resubmitting any permit information directly to the Consultant. All project documentation, including revisions and deferred submittals, must first be submitted to City staff for official processing, fee payment, and subsequent routing to the Consultant for review.

V. Estimated Project Timeline
The required plan review timelines shall be as follows:
• Initial plan review cycle shall be completed within 15 business days. • Sub-sequent plan review cycles to be completed within 10 business days. • Revisions and Deferred Submittal plan review cycles to be completed within 10 business days. • Expedited plan review cycles to all be completed within 5 business days. 568
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EXHIBIT - A
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1 SECOND AMENDMENT TO AGREEMENT 865 BETWEEN THE

CITY OF CUPERTINO AND INDEPENDENT CODE

CONSULTANTS, INC FOR ON-CALL PLAN REVIEW SERVICES
This Second Amendment to Agreement 865 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Independent Code Consultants, Inc., a Corporation (“Contractor”) whose address is 5870 Stoneridge Mall Road, Suite 200, Pleasanton, CA 94588, and is made with reference to the following:

RECITALS
A. On June 26, 2024, Agreement 865 (“Agreement”) was entered into by and between City and Contractor for On-Call Plan Review Services.

B. On October 2, 2025, City and Contractor entered into a First Amendment to the Agreement C. The Original Agreement and First Amendment are collectively referred to as the “Agreement” unless otherwise indicated.

D. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Paragraph 4 of the Agreement is modified to read as follows:

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $515,000 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached an incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.

4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement.

2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. 572
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2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM

Senior Assistant City Attorney
ATTEST:

City Clerk
Date

INDEPENDENT CODE CONSULTANTS,
INC
By
Title
Date

EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base 2025-177 $195,000.00
1 st Amendment - $120,000.00
2 nd Amendment $200,000.00
Total $515,000.00
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CITY OF CUPERTINO
Agenda Item
26-14781 Agenda Date: 1/21/2026
Agenda #: 14.

Subject: Appointment of Mayor Kitty Moore and Vice Mayor Liang Chao to an ad-hoc Council subcommittee to negotiate the agreement for law enforcement services with the Santa Clara County Sheriff’s Office and the appointment of Mayor Kitty Moore as the primary representative and Vice Mayor Liang Chao as the alternate representative to a multi-jurisdictional Sheriff’s Office Contract Negotiations Ad-Hoc committee comprised of one representative from the City Councils of Cupertino, Saratoga and the Town of Los Altos Hills Approve the following:

1. Appointment of Mayor Kitty Moore and Vice Mayor Liang Chao to serve on an ad-hoc subcommittee to negotiate the agreement for law enforcement services with the Santa Clara County Sheriff’s Office; and

2. Appointment of Mayor Kitty Moore as the primary representative and Vice Mayor Liang Chao as the alternate representative to a multi-jurisdictional Sheriff’s Office Contract Negotiations Ad-Hoc committee comprised of one representative from the City Councils of Cupertino, Saratoga and the Town of Los Altos Hills.

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CITY MANAGER’S OFFICE

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: January 21, 2026
Subject
Appointment of Mayor Kitty Moore and Vice Mayor Liang Chao to an ad-hoc Council subcommittee to negotiate the agreement for law enforcement services with the Santa Clara County Sheriff’s Office and the appointment of Mayor Kitty Moore as the primary representative and Vice Mayor Liang Chao as the alternate representative to a multijurisdictional Sheriff’s Office Contract Negotiations Ad-Hoc committee comprised of one representative from the City Councils of Cupertino, Saratoga and the Town of Los Altos Hills Recommended Action
Approve the following:

Background
The Santa Clara County Sheriff’s Office provides law enforcement services to the cities of Saratoga, Cupertino, and the town of Los Altos Hills through similar contracts that align services and resources. Those contracts expire at the end of June 2026. Staff has been working with the Sheriff’s Office representatives since mid-2025 attempting to advance the negotiation of new contracts.

Negotiations with the Sheriff’s Office are ongoing. Staff believes having an ad-hoc subcommittee made up of two councilmembers will be helpful in ongoing negotiation discussions within Cupertino. Additionally, staff recommends appointment of one Councilmember to an ad-hoc multi-agency committee that is advisory to the City Managers of the three cities involved, to establishing contract terms. Because the service delivery model for the Sheriff’s Office includes all three cities, an ad-hoc committee made up of a Councilmember 575
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from each city would provide the insight to the needs of the community and the ability to be nimble during the negotiations.

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. Mayor Moore recommends appointing herself and Vice Mayor Chao to serve on the ad-hoc subcommittee for Cupertino. Additionally, Mayor Moore recommends appointing herself as the primary representative and Vice Mayor Chao as an alternate representative to the multi-agency ad-hoc committee with Saratoga and Los Altos Hills.

The role of the ad-hoc committees would be to receive information in the form of data and contract terms from staff on the progress of negotiations, provide insight on the information, and offer suggestions to the City Managers to advance the negotiations. Topics might include service levels, overhead costs, performance metrics, and other contract terms.

Staff envisions several meetings of the multi-agency committee beginning in February 2026 on a weekly or bi-weekly basis as necessary. The ad-hoc committee would not be subject to the Brown Act and meetings would be with staff, consultants and legal counsel as needed. The representative of both committees and the City Manager would provide updates to the full City Council on the ad-hoc committee’s work during regular City Council meetings.

Sustainability Impact
No sustainability impact.

Fiscal Impact
There is no fiscal impact in establishing these subcommittees.

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

Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
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None
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CITY OF CUPERTINO
Agenda Item
25-14471 Agenda Date: 1/21/2026
Agenda #: 15.

Subject: Consideration of a new residential development of 57 townhomes (Dividend Homes I), including 11 affordable units, to replace two office buildings on a 2.6-acre site, located close to the northeast corner of the intersection of Stevens Creek Blvd and Randy Lane. (Application No(s): DP2025-001, ASA-2024-016, TM-2024-010, TR-2024-045, & U-2025-006; Applicant(s): Dividend Homes; Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026)

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

2. Approve the following permits:
a. Adopt Resolution No. 26-006 approving Development Permit (DP-2025-001) (Attachment A);
b. Adopt Resolution No. 26-007 approving Use Permit (U-2025-006) (Attachment B); c. Adopt Resolution No. 26-008 approving Architectural & Site Approval Permit (ASA-2024- 016) (Attachment C);
d. Adopt Resolution No. 26-009 approving Tentative Final Map (TM-2024-010) (Attachment D)
e. Adopt Resolution No. 26-010 approving Tree Removal Permit (TR-2024-045) (Attachment E)
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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: January 21, 2026
Subject
Consideration of a new residential development of 57 townhomes, including 11 affordable units, to replace two office buildings on a 2.6-acre site, located close to the northeast corner of the intersection of Stevens Creek Blvd and Randy Lane. (Application No(s): DP-2025-001, ASA-2024-016, TM-2024-010, TR-2024-045, & U-2025-006; Applicant(s): Dividend Homes; Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.:
316-23-025, -026)
Recommended Actions

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

2. Approve the following permits:
a. Adopt Resolution No. 26-___ approving Development Permit (DP-2025-001) (Attachment A);
b. Adopt Resolution No. 26-___ approving Use Permit (U-2025-006) (Attachment B);
c. Adopt Resolution No. 26-___ approving Architectural & Site Approval Permit (ASA-2024-016) (Attachment C);
d. Adopt Resolution No. 26-___ approving Tentative Final Map (TM-2024-010) (Attachment D)
e. Adopt Resolution No. 26-___ approving Tree Removal Permit (TR-2024-045) (Attachment E)
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 (Central Stevens Creek
Boulevard subarea)
Zoning Designation P(CG, Res)
Lot Area 2.69 acres (gross), 2.65 acres (net)
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Executive Summary
This report outlines a project proposed by Dividend Homes, for the development of 57- unit townhome condominiums located at an office site. The report covers the applicable State laws, including the Housing Accountability Act, Housing Crisis Act, No Net Loss law, Density Bonus law, CEQA and local standards applicable to the project.

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 Allowed/Required Proposed
Maximum Density Up to 25 units per acre* 21.5 units per acre Height of Structures
Max. 45 feet measured from
sidewalk to top of cornice, parapet,
or eave line of a peaked roof.
45’-10”
(Waiver Requested)
Setbacks
Front 35 feet from edge of curb 26 feet from edge of curb (Waiver Requested)
Sides One-half height of building
(22’-5”)
12 feet
(Waiver Requested)
Rear One and one-half height of building
(64’)
13’ 6”
(Waiver Requested)
Usable Open Space
Common 150 square feet per unit (8,550 square
feet)
0 square feet
(Waiver Requested)
Private 60 square feet per unit and no
dimension less than 6 feet
Average per unit 316
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 one of the sites is a Housing Element site (Priority Housing Site no. 8) in the 6th Cycle Housing Element, and has a minimum density of 50 du/ac and a maximum density of 65 du/ac, under SB330 the applicable density is 25 du/ac.
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Background
On December 19, 2024, the City received an application to redevelop the property located in 20085 and 20111 Stevens Creek Blvd. The project site is located within the Central Stevens Creek Boulevard subarea of the Heart of the City (“HOC”) Specific Plan Area.

The 2.65 net-acre
property comprising of
two parcels is bounded
by Stevens Creek
Boulevard to the south,
office uses to the east
(and the subject of
another housing
development project),
and retail/single-family
uses to the west. The site
abuts single- family
residences to the north
(See Figure 1)
On each of the two
parcels are multi-tenant
commercial buildings. At
20111 Stevens Creek, the approximately 26,000 square-feet office building has a mix of office tenants on both floors, and a day care center on a portion of the first floor, while the approximately 13,000 square-feet building at 20085 Stevens Creek is occupied by miscellaneous office tenants.

The larger western portion (20111 Stevens Creek Blvd. APN 316-23-026) of 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 with a minimum density of X units per acre and a maximum of Y units per acre. However, at the time the SB330 preliminary application was submitted in June 2024, the City’s Housing Element, while submitted, was not yet certified by the CA Department of Housing and Community Development (HCD) and the development standards in place at that time were essentially “locked in” by the submittal of the preliminary application.3 Therefore, the project site is subject to the

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

Figure 1 Aerial of project site.
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development standards of the General Plan, Heart of the City Specific Plan, and Planned Development “P” zoning designation, as they were in June of 2024.

The “P” zoning designation is detailed in Cupertino Municipal Code Chapter 19.80 Planned Development Zones. The “P” zoning designation is intended to provide a means of guiding land development or redevelopment within the city that is uniquely suited for planned coordination of land uses and land development. Where residential development is proposed on properties in the Planned Development zoning district, and where the Specific Plan is silent, development must adhere to Multifamily (R-3) zoning regulations. Principally, the proposed project consists of 57 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 standard4 or the project will result in a specific adverse impact to public health and safety. While changes to the project may be applied by the decision-making, or hearing, body to further applicable City goals, policies, and strategies – any changes required by the decision-making, or hearing, body that are not based on objective standards may not result in making the project, as proposed, infeasible or reduce the number of housing units.

As this project consists exclusively of residential units, it is considered 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 June 27, 2024, and, in accordance with the requirements of the HCA, the project was reviewed under the requirements in effect at that time.

4 Unless otherwise waived or reduced through use of the Density Bonus law, discussed further below. 582
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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 119 of the proposed 57 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 proposed project.

The project includes a request for 8 waivers and 1 concession from applicable standards of the General Plan, HOC, and Zoning Code. These requests are discussed later in this report.

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 9 The Project is required to provide 11.4 units (20% of 57 units). Pursuant to the City’s BMR program 11 units will be provided on the site and the 0.4 unit will be paid in in-lieu fee. 583
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Project Proposal
The project applicant, Dividend Homes, is
proposing a 57-unit townhome-condominium
development. The project consists of ten
buildings, three stories in height, with
individual units ranging in size (including
garage space) from 2,136 square feet to 2,704
square feet.

As required by the City’s Below Market Rate
(BMR) Housing Program, eleven of the units
will be allocated as affordable housing units for
sale to median- and moderate-income
households

10. Based on the scope of project, the
City has required the following permits:

Development Permit, Use Permit,
Architectural and Site Approval, Tree Removal
Permit and a Vesting Tentative Map.

Architecture and Site Design
The applicant proposes a “contemporary” style architecture, typified by flat-roofed buildings with rooftop decks and generous window areas. The project’s architecture reflects its more urban, commercial context, which also features flat roofs and a contemporary aesthetic. The use of clean, modern forms and details ensures the development better integrates with the more commercial character of the area. Materials and colors are used to accentuate changes in building plane, which adds visual interest through form-oriented architecture without relying on faux ornamentation. Each unit includes a roof deck providing private outdoor space, with some units also offering private side yards.

The project falls within the Central Stevens Creek Boulevard: Flowering Orchard Guidelines as identified in the Heart of the City Specific Plan. Accordingly, the trees selected for the frontage are Flowering Pears, a deciduous tree with a showy fall color.

The majority of the trees proposed for the interior of the site are also deciduous, flowering trees. Shrubs, ornamental grasses, vines and groundcovers selected are low to moderate

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

Figure 2 Site Plan.
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in water use, many of which provide flowers or foliage color. Evergreen shrubs will be used to screen all above ground utilities.

Pedestrian walkways will be colored concrete with a stone texture finish. Crosswalks will be delineated with an earth tone color stamped asphalt. This is also used to break up the vehicular access street paving. An arbor is located at the entry of the development from Stevens Creek Boulevard. Vine covered arbors are also placed at the entry to the paseos leading to the residential entries. Benches beneath arbors are located at the ends of the paseo providing quiet spots to relax. Community mailboxes are centrally located with an arbor/screen located to soften the units and provide a central vertical element along the main drive entering the development.

A good neighbor board-on-board fence is proposed to provide privacy and security along the east property boundary. Existing walls along the north and west property lines will remain in place. Private back yards are provided for nine of the units. A 6’ horizontal fence will be used to create private back yards between each unit.

A fully automated drip irrigation system will be designed to water all new plant material.

The system will include rain and soil moisture sensors as well as a wi-fi-enabled controller.

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.11 The General Plan designation allows a maximum density of 25 dwelling units per acre, which would allow 67 units for the 2.65-acre site. The project includes 57 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 to be approved when housing is proposed on non-Housing Element mixed-use sites12.

The project applicant is requesting a Density Bonus concession to waive the requirement for retail to be a substantial component of a project in this zoning category. They are further requesting a waiver of the 1:1 slope line from curb. The concession and waiver

11 While the General Plan requires the development of the property using the Commercial Centers and Mixed-use Village concept, when a residential development is proposed, state law, under SB330 prohibits the City from applying any non-objective standards. The General Plan language describing the Mixed-use Village concept is subjective and therefore, cannot be applied to the project. In addition, since this project utilizes the provision of Density Bonus, the developer would have the option to invoke unlimited waivers to propose the 100% residential project, as designed.
12 While a portion of the project site is designated as a Priority Housing Site by the City’s Housing Element update of 2024, the project’s SB330 preliminary application was received on June 27, 2024 and the project is therefore vested and subject to the requirements in place in June of 2024. 585
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request are discussed in further detail in the Density Bonus Section of this Staff Report.

A Conditional Use Permit has been included in this review to address the requirements of LU-1.3.1 (4).

Staff has evaluated the project’s consistency with the General Plan and concludes that based on the conformance with the General Plan Land Use designation for the site, the general alignment of design with General Plan requirements, notwithstanding the limitations of state law, 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:
o At least 10 percent of the housing units in a for-sale common interest development are restricted to moderate income residents.

Specific Plan Compliance
The site is in the Heart of the City Special Area – Central Stevens Creek Boulevard Subarea. The City’s HOC Specific Plan establishes heights, setbacks, and other development requirements for projects on sites within this area. The proposal includes several density bonus waivers for setbacks, common space, and commercial space requirements from the HOC standards, which are discussed in further detail in the density bonus section of the staff report.
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The project has incorporated some site design requirements, which, are consistent with the remaining applicable requirements of the HOC Specific Plan.

Tree Removal and Replacement
The proposal includes the removal and replacement of 59 protected development trees within the construction footprint and the removal and replacement of 3 trees within the required right-of-way landscape strips. Trees within the construction footprint include, but not limited to, Canary Pine Trees, Arbutus Marina Trees, Evergreen Pear, and Modesto Ash. All impacted trees are non-native species.

An arborist report was prepared for the applicant by Ray Morneau and was peer reviewed by the City’s third-party consultant, West Coast Arborists. The report and peer review concluded that 59 of the trees proposed for removal would be within the construction footprint and could, therefore, not be preserved or otherwise adequately and feasibly protected during construction. The street trees proposed for removal are non-compliant street trees that will be removed and replaced with a species consistent with the requirements of the Heart of the City Specific Plan.

The City’s requirements for tree replacement, consistent with Cupertino Municipal Code Section 14.18.160 (A), are as follows:

Diameter of Trunk
of Removed Tree
# of Trees Proposed
for Removal
Replacement Tree
Size Required
Replacement Trees
Required
12 inches or less 48 One 24" box tree 48(24” box trees) Greater than 12
inches and up to
18 inches
4 Two 24" box trees or
One 36" box tree
8 (24” box trees)
Greater than 18
inches and up to
36 inches
6 Two 24" box trees or
One 36" box tree 6 (36” box trees)
Over 36 inches 1 One 36" box tree 1 (36” box trees)
Total: 56 (24” box trees) or 63 (24” and 36” box tree mix) The applicant proposes to replace the 59 trees with 63 trees, varying in size between 24- inch box and 36-inch box trees and of various species. All trees on-site will be considered protected, and a condition of approval has been included to require that an agreement be executed to ensure the ongoing preservation, maintenance, and protection of the new trees by future property owners.

Vesting Tentative Map
The application for the Vesting Tentative Map (VTM) proposes to subdivide the 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 587
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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.13 Under the regulations in effect at the time of submittal of the SB330 Preliminary Application, the General Plan and Cupertino Municipal Code Chapter 19.80: Planned Development (P) Zones required that a residential development proposed on a site that is not a Priority Housing Site be a conditional use. The applicant proposes 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 0.55 acres of park area or an in-lieu of dedication fee, based on Municipal Code Chapter 13.08 requirements. The applicant has requested to pay an in-lieu fee instead of providing park land. Based on the property size, project size, the provision of a small private open space area on site, and the location of the property within a quarter mile of existing park facilities14, staff recommends the payment of an in-lieu fee rather than requiring the dedication of onsite park land. Thus, the project is conditioned to pay a parkland in-lieu fee. Since the project includes 11 deed-restricted affordable units, consistent with the City’s Housing Element policies and the BMR Mitigation Manual, these units are exempt from paying parkland dedication fees. Therefore, the project would pay $2,430,000 for the 45 proposed market rate units.15.

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 ensure the recordation of a regulatory agreement with the City, prior to occupancy, requiring the designated BMR units to be for-sale to households at the specified income levels for a 99 year term.

13 While this is not a current requirement, since this was a requirement at the time of submittal of the applicant’s SB330 Preliminary Application, a Use Permit is required. None of the sites was identified as a Priority Housing Element in the 5th Cycle Housing Element. 14 Wilson Park is located 0.28 miles to the southeast and Portal Park is located 0.21 miles to the northeast of the project site.
15 Due to the SB330 nature of the project, the Park Fees payable are those in effect as of January 2024. 588
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Density Bonus and Waiver Requests
The project is eligible for Density Bonus waivers and concessions consistent with the City of Cupertino Municipal Code Chapter (CMC) 19.56 Density Bonus and State Density Bonus Law. The project includes 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.

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.

Unit Type Number
of Units
Parking Spaces under
State Density Bonus Law
Parking Spaces
Provided
Three Bedroom 40 60 80
Four Bedroom 17 43 34
Guest - - 12
57 103 126

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. 589
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As proposed by the applicant, each unit will provide two enclosed garage spaces (114 total spaces), with 12 additional spaces for guests, for a total of 126 spaces onsite, when only 103 are required.

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. Building Bulk (General Plan Community Form Diagram (Figure LU-2)) The General Plan requires that new development maintain the building below a 1:1 slope line drawn from the arterial/boulevard curb line or lines except for the Crossroads Area. As this project fronts Stevens Creek Blvd., buildings 1 and 10 would have to be within this line. Both buildings are approximately 45-feet, and are requesting a setback waiver for 26-foot setback from the 35-foot setback requirement, resulting for a portion of the third floor of the buildings being within the 1:1 slope line. Compliance would negatively impact the density as the buildings will have to be +/- 45-feet behind the curb. Doing so would negatively impact the density of the project as proposed, so therefore the project is requesting a waiver from this requirement.

2. 45-Foot Height Limitation (HOC Specific Plan Section 1.01.030) The HOC Specific Plan requires that developments have a maximum height of 45 feet, as measured from the sidewalk to the top of a building’s cornice, parapet, or eave line of a peaked roof. The applicant has requested a waiver to increase the height allowed for two buildings as follows:
 Building 4 maximum height 45-feet, 7-inches
 Building 5 maximum height 45-feet, 2-inches
 Building 6 maximum height 45-feet, 1-inch
 Building 7 maximum height 45-feet, 10-inches
 Building 8 maximum height 45-feet, 1-inch
 Building 10 maximum height 45-feet, 10-inches
The other six buildings proposed meet the height requirement of the HOC Specific Plan. Imposing the 45-foot height restriction would result in changing the height and design of the buildings, including the potential removal of private open space in the form of rooftop decks, which is not consistent with the project proposed. 590
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3. Front Setback (HOC Specific Plan Section 1.01.030)
The HOC Specific Plan requires that developments have a minimum front setback of 35 feet from the edge of curb (nine (9) feet from the required Boulevard Landscape Easement while also allowing for the encroachment of uninhabitable building elements, such as chimneys and eaves, up to four 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 Required Front Setback Proposed Front Setback
1 & 10 35’ from edge of curb 26’ from edge of curb

4. 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 eight buildings for which waivers are requested:

Building Height Required Side Setback Proposed Side Setback 1-4 45’-10” 22’-11” West & East: 12’ to building
7-10 45’-10” 22’-11” face
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.

5. 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 4-7 45’-10” 68’-10”
14’
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.

6. 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 591
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maintained. It also requires that buildings requiring terracing shall have a 1.5:1 setback to height ratio. The proposal includes four buildings (Buildings 4-7) located adjacent to single-family residentially developed parcels to the north.

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 4-7.

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.

7. 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 proposed project has a net lot area of 2.65 acres or 115,434 square feet and would be allowed to have a maximum lot coverage of 46,174 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 41.2% of the net lot area, or 47,558 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.

8. Minimum Parking Space Size & Tandem Garages (CMC Section 19.124.040 (A)) The Municipal Code (as of February 2024) requires that parking spaces in multiple-family developments have a minimum parking space size of 10 feet by 20 feet. The applicant has requested a waiver to modify this requirement to reduce the minimum parking space size to 9 feet by 18 feet for spaces provided in the parking along the private streets. Furthermore, 27 of the units are proposing tandem parking where townhomes are required to provide the standard 20 feet by 20 feet parking garage.

Imposing the parking space requirement would result in changing the size and design of the buildings, including the potential increase in the project lot coverage, reduction in open space, or potentially the number of units which is not consistent with the project as proposed by the applicant.

9. Common Open Space (HOC Specific Plan Section 1.01.040) The project is required to provide 150 sf of common open space per unit (8,550 square feet total). This area must be outside of all required setbacks. The applicant 592
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is requesting a waiver from the Common Open Space requirements. Providing this requirement would cause a redesign of the project, and a potential loss of units. Due to this waiver request, the project also requests waivers from the Common Landscape and Common Hardscape requirements since these requirements would not apply.

Concession Requested
As a density bonus project with at least 20% of units reserved for sale to moderate-income households17, the applicant may submit to the City requests for up to two concessions.

Concessions allow an applicant to deviate from development regulations when such regulations have the potential to make the project economically infeasible to build. The applicant has requested two concessions as follows:

1. HOC Specific Plan Section 1.01.020 (A) and Section 1.01.020 (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 concession. 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.

Compliance with BMR Unit Comparability & Dispersion Requirements The BMR Manual requires that the BMR Units:
 Shall be comparable to market rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction.  Size should be generally representative of the unit sizes within the market-rate portion of residential project.

17 The project proposes a mix of moderate- and median-income units, has required by the City’s BMR standards. State law does not specify allowances for median-income units, however, median-income units have a higher income restriction than moderate-income units and are therefore counted towards the moderate-income unit total for the purposes of concession allowances. 593
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 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 3 4 2,656 square feet
2 3 2,493 square feet
6 3 + Tandem Garage 2,136 square feet
Market-Rate Units 14 4 2,656 square feet
11 3 2,493 square feet
21 3 + Tandem Garage 2,136 square feet
The proposed market-rate and BMR units consist of a mix of three-, three +Tandem garage-, and four-bedroom units. The square footage and programming of the marketrate and the BMR units are nearly 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, one of the two parcels (APN 316-23-026) that make up this project site is listed as a Priority Housing Site (Site 8) 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 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. 594
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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 Moderate (80-
120% AMI)
Above
Moderate
(>120% AMI) (30-80% 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
Summer Hill (Fontana's etc.) - Capacity 59 24 62
Toll Brother's (United Furniture) - Capacity 0 93 70
Current Capacity – remaining sites 1,978 730 2,865
Summer Hill (Fontana's etc.) - Actual 0 12 47
Toll Brother's (United Furniture) - Actual 0 11 44
Current Surplus – remaining sites 98 -2 1,003
Units Projected on Site 8 45 18 47
Units Proposed on Site 8 0 11 46
Unmet 6th Cycle RHNA 1,880 721 1,816
Remaining Total Capacity 1,933 712 2,818
Total Remaining Surplus 53 -9 1,002
* 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 project18 since the deficit of two (2) Moderate income units

18 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 Idlewild/United Furniture proposal (numbers included in the table as the item will heard by City Council on December 16, 2025) and the Harvest Properties proposal at the Stevens Creek Office Center.
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shown in the table will be reduced to a deficit of nine (9) units. The Housing Element estimated 18 Moderate (the” Moderate “designation, as used in the Housing Element, includes both Moderate- and Median-income units) units and 45 Lower income units would be developed on Priority Housing Site 8. Only 11 Moderate and zero Lower Income units are proposed, resulting in a shortfall of 7 Moderate income units and 45 Lower Income units. While the City is not in a position to identify additional sites to accommodate its RHNA concurrently with this project approval, the City has 180 days from project approval to find (an)other site(s) pursuant to SB166.

Environmental Review
The applicant requested that the development be reviewed in accordance with Assembly Bill (AB) 130, signed into law on June 30, 2025, and codified in Public Resources Code (PRC) Section 21080.66. This law exempts qualifying infill housing development from CEQA review, creating a new statutory exemption. This exemption applies to any required permits, entitlements, or other discretionary approvals for a broad range of housing types. The attached CEQA Exemption Memorandum (Attachment F) demonstrates that the proposed project meets the requirements of PRC Section 21080.66 and is organized as follows:
 Infill Criteria. The project’s consistency with the allowed housing development type defined in PRC Section 21080.66(a), subdivisions (1) through (5) and (8).  Environmental Criteria. The project’s consistency with the individual environmental requirements pursuant to PRC Section 21080.66(a), subdivisions (6) and (7).
 Tribal Cultural Resources. The project’s consistency with the tribal notification and outreach requirements pursuant to PRC Section 21080.66(b).  Hazardous Materials. The project’s consistency with the requirements for the identification and treatment of hazardous materials pursuant to PRC Section 21080.66(c).
 Other Requirements. The project’s consistency with the Labor Code requirements and eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to PRC Sections 21080.66(d) and (e), respectively.

As analyzed in Section 3.1 of the attached CEQA Exemption Memorandum, Public Resources Code Section 21080.66, the proposed project meets the criteria for statutory exemption. Accordingly, this document finds that a Notice of Exemption is appropriate for the proposed project pursuant to CEQA Guidelines Section 15062. Further an Environmental Site Assessment (ESA) has revealed no evidence of Recognized Environmental Conditions (REC), Controlled Recognized Environmental Conditions, and/or Historical Recognized Environmental Conditions in connection with the Site or 596
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adjoining properties. Based on the findings of the ESA, no further investigation is recommended. See Attachment J.

Planning Commission Review
On December 9, 2025, the Planning Commission conducted a public hearing for their recommendation to the Council regarding the proposed project. By a 4-1 vote (Scharf voting no), the Commission adopted Planning Commission Resolution Nos. 2025-20 through 2025-24 recommending that the City Council find all actions exempt from CEQA and approve the proposed Development Permit, Use Permit, Architectural and Site Approval, Tree Removal Permit, and Tentative Final Map.

The Commission received comments from the public regarding the waivers for height and rear setback to the adjacent single-family homes along Wheaton Drive. The Commission motioned to reduce the 4 units that are abutting Wheaton Drive to two floors, consider including hedges along the back, and consider additional trellising on the fences on the back wall. Condition 5 was added to the Draft ASA resolution reflecting this motion for modifications.

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 project’s lower density, as well as its design quality, and modifications by the developer 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)
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The applicant has completed community outreach to residents and property owners on October 29, 2025.

Public Comment
At the time this staff report was published, staff had received one letter from a neighbor.

Please refer to Attachment G for full comments.

Conclusion
Staff recommend approval of the project, as proposed, because the project and its conditions of approval support the findings for approval of the proposed project, consistent with Chapters 14.18, 18.28, 19.56, 19.156, and 19.168 of the Cupertino Municipal Code. With respect to the requested Density Bonus concessions and waivers, evidence in the record demonstrates that the project meets the standards for granting the concessions and waivers under the State Density Bonus Law.

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.

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 AB130 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 consultant19. The peer review of the Fiscal Impact Analysis concluded that the overall fiscal benefit is net positive. The net impact on the General Fund would be positive $64,500. Please refer to Attachment I.

City Work Program (CWP) Item/Description
None.

City Council Goal
Housing.

California Environmental Quality Act
The project has been found to be exempt from CEQA through AB 130.

19 The Fiscal Impact Analysis and its peer reviewed considered the combined projects located at 20085- 20111Stevens Creek Boulevard, and 20045-20065 Stevens Creek Boulevard. 598
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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-2025-001
B. Draft Resolution for U-2025-006
C. Draft Resolution for ASA-2024-016
D. Draft Resolution for TM-2024-010
E. Draft Resolution for TR-2024-045
F. CEQA Exemption Memorandum
G. Public Comment
H. Project Site Plan and Renderings
I. Fiscal Impact Analysis Peer Review
J. Environmental Site Assessment
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RESOLUTION NO. 26-_________

OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

APPROVING OF A DEVELOPMENT PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 57 TOWNHOMES, INCLUDING 11 AFFORDABLE UNITS, REPLACING TWO OFFICE BUILDINGS ON A 2.6-ACRE SITE, LOCATED ON THE NORTH SIDE OF STEVENS CREEK BLVD BETWEEN RANDY LANE AND N.

BLANEY AVE. LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316- 23-025, -026)
SECTION I: PROJECT DESCRIPTION
Application No.: DP-2025-001
Applicant: Dividend Homes
Property Owner: Long River Investment LLC
Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) 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 statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and
WHEREAS, on December 9, 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 December 9, 2025 the Planning Commission recommended on a 4-1 vote that the City Council approve the Development Permit (DP-2025-001) in substantially similar form to the Resolution presented (Resolution No. 2025-02), approve the Architectural and Use Permit (U-2025-006) in substantially similar form to the Resolution presented (Resolution No. 2025-24), approve the Architectural and Site Approval Permit (ASA-2024-016) in substantially similar form to the Resolution presented (Resolution No. 2025-21), approve the Vesting Tentative Map (TM-2024-010), in substantially similar form to the Resolution presented (Resolution No. 2025-22), approve the Tree Removal Permit (TR-2024-045), in substantially similar form to the Resolution presented (Resolution No. 2025-23); and
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WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit.; and
WHEREAS, the City Council finds as follows with regard to this application:

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

The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with adjoining land uses, including but not limited to wider setbacks from the single- family residences on the southern property line, as well as providing landscaping along the building frontages to help mitigate potential massing impacts and compatible with the existing streetscape. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code. Chapter 17.04. 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).

A SB330 Preliminary Application was submitted for this project in June 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 21.5 dwelling units per acre is consistent with the General Plan in terms of density pursuant to state law, even though a portion of the property has a higher density at the date of approval of this project. The applicant is requesting 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 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, the proposed project would be exempt as a “statutory” 601
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exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(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.

The developer has requested a concession that the project will be 100% residential. The development of dedicated retail, office or other commercial space would incur a financial loss for the project, and eliminating the dedicated retail, office or other commercial space would result in identifiable and actual cost reductions to provide for affordable housing costs.
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. 602
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e. If the density bonus or incentive is based on a condominium conversion, a finding that all the requirements included in Section 19.56.030 (E) have been met.

No density bonus is proposed; therefore, the finding is not applicable. f. If the incentive includes mixed-use development, a finding that all requirements including in Section 19.56.40 (B) (2) have been met.

The project is not a mixed-use development; therefore, the finding is not applicable. g. If a waiver is requested, a finding that the development standards for which the waivers are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted.

The development standards height, setbacks, common area, and tandem parking requirements would physically preclude the development as proposed. These development standard limitations could affect the project by the loss of units or unit sizes, which may include those designated as affordable.
h. If a reduction in off-street parking standards for an eligible housing development is requested.

No reduction in off-street parking requirements is being requested; therefore, the finding is not applicable.

4. Since the applicable findings required above can be made, the decision-making body may deny an application for a waiver only if one of the following written findings as applicable to each type of application, supported by substantial evidence:
a. That the incentive or concession, or waiver would have an adverse impact on real property listed in the California Register of Historic Resources; or No property listed in the California Register of Historic Resources is within the project vicinity.
b. That the incentive or concession, or waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the residential project unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or
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Both the Fire and Building departments have preliminarily reviewed the plans and not found conditions proposed which would create a “specific, adverse impact.” In addition, the project is conditioned to ensure compliance with both Fire and Building Code, prior to issuance of building permits. The project is also conditioned to comply with the Environmental Protection Standards of the Cupertino Municipal Code Chapter 17.04. In addition, the proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(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. 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 Notice of Exemption, staff does not believe the above findings can be made with respect to the proposed project.

6. The remaining sites identified in the Housing Element are not adequate to meet the requirements of Government Code Section 65583.2 in order to accommodate the City's share of regional housing needs. (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. Therefore, the City has 180 days from approval of this 604
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project to find (an)other site(s) or increase the density of existing sites to be compliant with SB166.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 5 thereof, and those contained in all other Resolutions approved for this Project, the City Council hereby approves the application for a Development Permit, Application No. DP-2025-001; 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-2025-001 as set forth in the Minutes of the City Council Meeting of January 21, 2026 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 “20111 & 20085 Stevens Creek Blvd., Major Architectural and Site Approval Application, Cupertino, CA” dated November 14, 2025 consisting of 74 sheets labeled as, A.1– A.42, TM1.0, C2.0 – C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0, drawn by Dahlin, BKF, and Michael Arnone & Associates., 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-2025-006, TM-2024-010, TR-2024- 045, and ASA-2024-016, shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
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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 misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

6. DEVELOPMENT APPROVAL
The project is granted approval to construct 57 townhomes, subject to affordability requirements of Condition #7, with 69 parking spaces throughout the development.

7. 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.

8. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state’s Density Bonus law, the project is granted waivers and a concession as follows:
a. Concession to address General Plan and Heart of the City requirements for mixed-use development on the property;
b. Waiver for the 45-foot height limit on buildings 4-8, and 10. c. Waiver for a portion of the front building to be within the 1:1 slope line; d. Waivers for reduced rear, and side setbacks;
e. Waiver of the requirement for Building Forms (terracing) of buildings facing the single-family residential neighborhood along the north property line; f. Waiver to have tandem garages in certain units.
g. Waiver to increase the maximum lot coverage;
h. Waiver to deviate from the common Open Space requirement.

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

10. BMR UNIT DESIGN REQUIREMENTS
Prior to building permit issuance, the Applicant shall detail how the following requirements are met:
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a. The BMR units shall be comparable to market-rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction.
b. The BMR unit size should generally be representative of the unit sizes within the market-rate portion of the residential project.
c. Interior features and finishes in the affordable units shall be durable, of good quality and consistent with the contemporary standards of new housing.

11. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any building permit, an affordable housing agreement shall be recorded against the property. The affordable housing agreement shall include, but not be limited to the following, in compliance with the BMR Housing Mitigation Manual:
a. Total number of BMR units, type, location (site map), square footage, number of bedrooms, and construction scheduling of market-rate and BMR units; b. Provisions to ensure concurrent construction and completion of BMR units and market-rate units;
c. Affordability levels for each BMR unit;
d. Prices for BMR units as provided for in the BMR mitigation manual; e. Provisions for income certification and screening of potential occupants of BMR units;
f. Restriction control mechanisms;
g. Financing of ongoing administrative and monitoring costs; h. Other reasonably required provisions to implement the Affordable Housing Plan.

12. BMR UNIT TERMS OF AFFORDABILITY
Prior to occupancy, the proposed project shall record covenants that require the units to be sold at prices that are affordable to moderate and median levels for a period not less than 99 years from the date of first occupancy of the unit.

13. PUBLIC ART REQUIREMENT
Public art shall be provided for the project in accordance with General Plan Policy 2- 66 and the City’s Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal 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 607
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advance of final occupancy. Once approved by the Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy.

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

14. PUBLIC ART MAINTENANCE REQUIREMENT
In accordance with the requirements of Municipal Code Chapter 19.128, the property owner shall maintain approved public artwork in good condition continuously after its installation, as determined appropriate by the City. Maintenance shall include all related landscaping, lighting, and upkeep, including the identification plaque.

Artwork required or approved cannot be removed, except for required maintenance or repair, unless approved by the City; at which time the City may require replacement or relocation of the artwork. In the event that the artwork is relocated in the public right-of-way, a maintenance agreement with the City shall be required.

15. 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.

16. 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.

17. 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 608
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control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction.

18. 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.

19. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of any demolition, grading and building permit, indicate the following on all construction plans:
a. Demolition, construction, ground-disturbing, and tree removal/pruning activities shall be scheduled to be completed prior to nesting season (February 1 through August 31), if feasible.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities occur during the nesting season (February 1 and August 31), preconstruction surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, grounddisturbing, or tree removal/pruning activities, in order to identify any active nests with eggs or young birds on the site and surrounding area within 100 feet of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground-disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction 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. 609
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iii. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, grounddisturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active.
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.

20. 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 610
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pertaining to these resources, and procedures for protecting these resources as follows:
a. Basic archaeological site indicators that may include, but are not limited to, darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials, either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural resources on site.
c. The laws protecting these resources and associated penalties, including, but not limited to, the Native American Graves Protection and Repatriation Act of 1990, Public Resources Code Section 5097, and California Health and Safety Code Section 7050 and Section 7052.
d. The protection procedures to follow should construction crews discover cultural resources during project-related earthwork, include the following:
i. All soil disturbing work within 25 feet of the find shall cease. ii. The project applicant shall retain a qualified archaeologist to provide and implement a plan for survey, subsurface investigation, as needed, to define the deposit, and assessment of the remainder of the site within the project area to determine whether the resource is significant and would be affected by the project.
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.

21. 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.
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a. In the event of discovering human remains during construction activities, there shall be no further excavation or disturbance of the site within a 100-foot radius of the remains, or any nearby area reasonably suspected to overlie adjacent remains.
b. The Santa Clara County Coroner shall be notified immediately and shall make a determination as to whether the remains are Native American. c. If the Santa Clara County Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission (NAHC) within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of the deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site to make recommendations or preferences regarding the disposition of the remains.

If the Most Likely Descendant does not make recommendations within 48 hours after being allowed access to the project site, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance and provide documentation about this determination and the location of the remains to the NAHC and the City of Cupertino. Alternatively, if the owner does not accept the Most Likely Descendant’s recommendations, the owner or the descendent may request mediation by the NAHC. Construction shall halt until the mediation has concluded.

22. 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 612
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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.

23. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on-site Construction Manager. Noise reduction measures selected and implemented shall be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor(s), site terrain, and other features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase.
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.

24. EXCESSIVE NOISE AND VIBRATIONS
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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.

25. 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.
f. Any other measures as determined to be appropriate by the Director of Community Development

26. 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. 614
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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.

27. 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.

28. 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.

29. 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, 615
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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.

30. 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.

31. 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.

32. 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 616
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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 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.

33. 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. 617
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SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS

DEPARTMENT

34. 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.

35. 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.

36. 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.

37. 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.

38. STREET LIGHTING INSTALLATION
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Street lighting shall be installed and shall be as approved by the Director of Public Works. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located.

39. 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.

40. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works.

Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. 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.

41. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 5,000 S.F. or more of impervious surface, collectively over the entire project site. The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works.

The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan and 619
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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.

42. SUBDIVISION IMPROVEMENT AGREEMENT
The project developer shall enter into a Subdivision Improvement Agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, transportation impact fees, park dedication fees and fees for under grounding of utilities. Said agreement and fees shall be executed and paid prior to Final map approval.

Fees:

Checking & Inspection Fees: Per current fee schedule ($5,655 or 5% of improvement costs)
Grading Permit: Per current fee schedule ($4,891 or 6% of improvement costs)
Final Map Fee: Per current fee schedule ($13,687)
Storm Drainage Fee: Per current fee schedule ($4,584 per AC + $347 per unit)
Transportation Impact Fee: Per current fee schedule: ($4,215 per unit) Encroachment Permit Fee: Per current fee schedule ($3,551 or 5% of improvement costs)
Park Fees: Per current fee schedule: $54,000 per unit
($2,430,000 based on 45 new units, 12 BMR
units waived)
Storm Management Plan Fee: Per current fee schedule ($2,217) Street Tree Fee: By Developer or Per current fee schedule: $513 per tree
Developer Contribution: $75,000 (Stevens Creek Blvd Class IV Separated Bike Lane frontage improvements)
Bonds:
a. Encroachment Bond: 100% of Off-site Improvements
b. On-site Grading Bond: 100% of site improvements
c. On-site Grading Bond: 100% of site improvements.
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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.

43. 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.

44. 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.

45. PARKS
The residential units are subject to the payment of parkland fees in-lieu of parkland dedication per Chapter 13.08 and Chapter 18.24 of the Cupertino Municipal Code.

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 6 BMR units proposed for this project are hereby waived.

46. 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.

47. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City’s “Public Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is required prior to obtaining a building permit. (CMC 9.18.210 H & K) 621
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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.

48. 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.

49. 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.

50. 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.

51. 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.

52. 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.
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53. 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.

54. 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.

55. 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.

56. 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.

57. 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.

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

59. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant).
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60. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed.

61. 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.

62. 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.

63. 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.

64. 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

65. 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.

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

67. PLANS
The property owner shall provide Utility Plan and Profile sheets and shall provide Plat & Legal description of the Public Sanitary Sewer Easement for District’s Review.

Building Permit approval will be pending allowable system capacity at the time of review.
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68. PROPERTY LINE CLEANOUT
Each Unit will need its own separate Property Line Cleanout on the laterals. Also, please ensure 10’ horizontal separation between sewer and water service lines.

SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY

FIRE DEPARTMENT

69. 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. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2

70. FIRE ALARM REQUIREMENTS
Will be determined during building permit.

71. FIRE HYDRANT SYSTEMS REQUIRED
Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official. Exception: For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet. [CFC, Section 507.5.1].

72. REQUIRED FIRE FLOW
The fire flow for this project is 3250 GPM at 20 psi residual pressure. If an automatic fire sprinkler system will be installed, the fire flow will be reduced by 25%, establishing a required adjusted fire flow of 2437 GPM at 20 psi residual pressure.

Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1. Coordinate with California Water Company to verify fireflow for the hydrants. Provide current fireflow data. If required fireflow can 625
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not be met, contact California Water Company for upgrade or submit Alternative Mean and Method (AMMR) application to SCCFD office directly.

73. FIRE DEPARTMENT CONNECTION
The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard].

74. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND REQUIRED Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. Provide an approved fire department engine roadway turnaround with a minimum radius of 50 feet outside and 30 feet inside and a maximum slope of 5% in any direction.

Installations shall conform with Fire Department Standard Details and Specification sheet A-1. Turnaround is required when roadway travel distance is more than 150ft.120’ Hammerhead turnaround shown on sheet C7.0. List turnaround dimension on plan and clarify if it is paved all weather surface, able to support 75,000 lbs and how it will be marked.

75. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED
Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 30 feet inside, 50 feet outside, and a maximum slope of 15%. Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.

Clarify if all fire apparatus roadway will be all weather surface and support 75,000 lbs.

76. REQUIRED AERIAL ACCESS
Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by 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. Exception: Where approved by the fire code official, buildings of Type IA, Type IB or Type IIA construction equipped throughout with an automatic sprinkler system in accordance 626
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with Section 903.3.1.1 and having firefighter access through an enclosed stairway with a Class I stand pipe from the lowest level of fire department vehicle access to all roof surfaces. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official [CFC Chp. 5 and SCCFD SD&S A-1]. Demonstrate unobstructed aerial access by use of sectional view and elevations for each structures. Include any trees that are along the required access side of the building. Sheet A.41 and Sheet L2.0 LIN trees appears to obstruct building 4,5,6 &7 and Tree CC appears to obstruct building 1,2,3 when full grown, revise design.

77. FIRE LANES REQUIRED
The minimum clear width of fire department access roads shall be 20 feet. The minimum outside turning radius is 50 feet for required circulating access roadways.

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. Show on plan how fire lane will be marked either with red curb or signs.

78. GROUND LADDER ACCESS
Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. With the climbing angle of seventy five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1031.2 NFPA 1932 Sec. 5.1.8 through 5.1.9.2. Show how ground ladder will be provided on plans.

79. PARKING
When parking is permitted on streets, in both residential/commercial applications, it shall conform to the following:
• Parking is permitted both sides of the street with street widths of 36 feet or more • Parking is permitted on one side of the street with street widths of 28 – 35 feet • No parking is permitted when street widths are less than 28 feet NOTE: Fire lane and turnaround striping shall be provided and verified by site inspection.
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80. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.

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. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response.

Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure.

Address numbers shall be maintained. CFC Sec. 505.1.

82. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Ch. 33.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of January, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:
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ABSTAIN:

OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 57 TOWNHOMES, INCLUDING 11 AFFORDABLE UNITS, REPLACING TWO OFFICE BUILDINGS ON A 2.6-ACRE SITE, LOCATED ON THE NORTH SIDE OF STEVENS CREEK BLVD BETWEEN RANDY LANE AND N. BLANEY AVE.

LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316-23-025, -026) SECTION I: PROJECT DESCRIPTION
Application No.: U-2025-006
Applicant: Dividend Homes
Property Owner: Long River Investment LLC
Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) SECTION II: FINDINGS FOR A USE 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 statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and
WHEREAS, on December 9, 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 December 9, 2025 the Planning Commission recommended on a 4-1 vote that the City Council approve the Development Permit (DP-2025-001) in substantially similar form to the Resolution presented (Resolution No. 2025-02), approve the Architectural and Use Permit (U-2025-006) in substantially similar form to the Resolution presented (Resolution No. 2025-24), approve the Architectural and Site Approval Permit (ASA-2024-016) in substantially similar form to the Resolution presented (Resolution No. 2025-21), approve the Vesting Tentative Map (TM-2024-010), in substantially similar form to the Resolution presented (Resolution No. 2025-22), approve the Tree Removal Permit (TR-2024-045), in substantially similar form to the Resolution presented (Resolution No. 2025-23); and
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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:

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.

A SB330 Preliminary Application was submitted for this project in June 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 21.5 dwelling units per acre is consistent with the General Plan in terms of density pursuant to state law, even though a portion of the property has a higher density at the date of approval of this project. The applicant is requesting 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 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, the proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(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).
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NOW, THEREFORE, BE IT RESOLVED:

The application for a Use Permit, Application No. U-2025-007, 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-2025- 007 as set forth in the Minutes of the City Council Meeting of January 21, 2026 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-2025-002, TM-2024-010, TR2024-045, and ASA-2024-016, shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.
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5. 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 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.
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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 21st day of January, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
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________________________
Lauren Sapudar, Acting City Clerk
________________________
Date
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RESOLUTION NO. 26-_________

OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 57 TOWNHOMES, INCLUDING 11
AFFORDABLE UNITS, REPLACING TWO OFFICE BUILDINGS ON A 2.6-ACRE

SITE, LOCATED ON THE NORTH SIDE OF STEVENS CREEK BLVD BETWEEN RANDY LANE AND N. BLANEY AVE. LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316-23-025, -026)
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2024-016
Applicant: Dividend Homes
Property Owner: Long River Investment LLC
Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:

WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval Permit as described in Section I of this resolution; and
WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and
WHEREAS, on December 9, 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 December 9, 2025 the Planning Commission recommended on a 4-1 vote that the City Council approve the Development Permit (DP-2025-001) in substantially similar form to the Resolution presented (Resolution No. 2025-02), approve the Architectural and Use Permit (U-2025-006) in substantially similar form to the Resolution presented (Resolution No. 2025-24), approve the Architectural and Site Approval Permit (ASA-2024-016) in substantially similar form to the Resolution presented (Resolution No. 2025-21), approve the Vesting Tentative Map (TM-2024-010), in substantially similar form to the Resolution presented (Resolution No. 2025-22), approve the Tree Removal Permit (TR-2024-045), in substantially similar form to the Resolution presented (Resolution No. 2025-23); and
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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, the proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(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 two office buildings (the tallest of which was approximately 35 feet) with ten, new, three-story townhome-style buildings.

The adjacent 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 building to the west. Additionally, the townhomes are setback from the street and have vegetation and trees planted along Stevens Creek Boulevard in accordance with the Heart of the City Specific Plan for visual screening. There is also landscaping proposed at the perimeter which will help reduce the apparent mass and bulk of the proposed buildings.
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b) In order to preserve design harmony between new and existing 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 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 north, it is surrounded on all other sides by commercial and office uses. The townhome buildings have been designed in accordance with many of the non-objective design guidelines outlined in the Heart of the City Specific Plan. Further, the project incorporates a row of evergreen trees along the rear property line to provide privacy screening and a larger setback between the four buildings closest to the adjacent single-family residential 638
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neighborhood/properties. The project has further been conditioned to reduce the height of the units abutting the single-family residences along Wheaton Drive to two stories.

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-2025-004, 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-2025-004 as set forth in the Minutes of the City Council Meeting of January 21, 2026 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-2025-006, TM-2024-010, TR2024-045, and DP-2025-001, shall be applicable to this approval. 639
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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. DESIGN MODIFICATIONS
Developer shall reduce the 4 units that are abutting Wheaton drive to two floors, and consider including hedges and additional trellising on the fences on the back wall along the north rear property line

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. 641
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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 642
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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 21st day of January, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A VESTING TENTATIVE MAP FOR A 57-UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.:
316-23-025, -026)
SECTION I: PROJECT DESCRIPTION
Application No.: TM-2024-010
Applicant: Dividend Homes
Property Owner: Long River Investment LLC
Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) SECTION II: FINDINGS FOR A TENTATIVE MAP:

WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Map as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and
WHEREAS, on December 9, 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 December 9, 2025 the Planning Commission recommended on a 4-1 vote that the City Council approve the Development Permit (DP-2025-001) in substantially similar form to the Resolution presented (Resolution No. 2025-02), approve the Architectural and Use Permit (U-2025-006) in substantially similar form to the Resolution presented (Resolution No. 2025-24), approve the Architectural and Site Approval Permit (ASA-2024-016) in substantially similar form to the Resolution presented (Resolution No. 2025-21), approve the Vesting Tentative Map (TM-2024-010), in substantially similar form to the Resolution presented (Resolution No. 2025-22), approve the Tree Removal Permit (TR-2024-045), in substantially similar form to the Resolution presented (Resolution No. 2025-23); and
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WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Tentative Map; and
WHEREAS, the City Council finds as follows with regard to this application:
a. That the proposed subdivision map is consistent with the City of Cupertino General Plan.

The subject property is consistent with the General Plan since the property is permitted to have up to 25 dwelling units an acre pursuant to the vesting provisions of SB330 which vested the development standards to those that were in place in January 2024. b. That the design and improvements of the proposed subdivision are consistent with the General Plan.

The off-site improvements are consistent with the City’s General Plan and Heart of the City Specific Plan policies related to applicable pedestrian and bicycle safety with improvements made in accordance with the right-of-way design and 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.
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The design of the subdivision and proposed improvements will not injure fish and wildlife or their habitat because the property is a previously developed site, with no fish and wildlife habitat in the vicinity; the site is located in an urbanized area where residential land use is allowed.
f. That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems.

The proposed subdivision design and improvements will not cause serious public health problems. The proposed development is consistent with the intent of the policies of the General Plan for a development of this density on this site, and the on-site and off-site improvements improve neighborhood walkability through improved sidewalk construction with sizeappropriate driveway curb-cuts and street and private trees planting. g. That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

No easement or right-of-way exists currently that would be impeded or conflict with the proposed subdivision.

NOW, THEREFORE, BE IT RESOLVED:

The application for a Vesting Tentative Map, Application No. TM-2025-002, 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-2025-002 as set forth in the Minutes of the City Council Meeting of January 21, 2026 meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Approval is based on the plan set entitled “20111 & 20085 Stevens Creek Blvd., Major Architectural and Site Approval Application, Cupertino, CA” dated November 14, 2025 consisting of 74 sheets labeled as, A.1– A.42, TM1.0, C2.0 – 648
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C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0, drawn by Dahlin, BKF, and Michael Arnone & Associates., except as may be amended by conditions in this resolution.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2025-006, DP-2025-001, TR2024-045, and ASA-2024-016, 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 649
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incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

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
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(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
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of January, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A TREE REMOVAL PERMIT TO REMOVE AND REPLACE FIFTYNINE (59) DEVELOPMENT TREES TO ACCOMMODATE A PROPOSED RESIDENTIAL DEVELOPMENT WITH 57 TOWNHOME STYLE CONDOMINIUM UNITS LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316-23-025, - 026)
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2024-045
Applicant: Dividend Homes
Property Owner: Long River Investment LLC
Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026) SECTION II: FINDINGS FOR A TENTATIVE MAP:

WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree Removal Permit as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines; and
WHEREAS, on December 9, 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 December 9, 2025 the Planning Commission recommended on a 4-1 vote that the City Council approve the Development Permit (DP-2025-001) in substantially similar form to the Resolution presented (Resolution No. 2025-02), approve the Architectural and Use Permit (U-2025-006) in substantially similar form to the Resolution presented (Resolution No. 2025-24), approve the Architectural and Site Approval Permit (ASA-2024-016) in substantially similar form to the Resolution presented (Resolution No. 2025-21), approve the Vesting Tentative Map (TM-2024-010), in substantially similar form to the Resolution presented (Resolution No. 2025-22), approve the Tree Removal Permit (TR-2024-045), in substantially similar form to the Resolution presented (Resolution No. 2025-23); and
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WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Tree Removal Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
a) That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s).

To accommodate for the new development’s structures, walkways and internal street network to public open spaces, the existing trees cannot be preserved in their locations. The applicant proposes 46 replacement trees throughout the site in conformance with the Municipal Code Ordinance requirements and proposes to locate the replacements where tree coverage is needed, while preserving virtually all the trees that are not within the development area of the project site.

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 2 herein, and subject to the conditions contained in all other Resolutions approved for this Project
The application for a Tree Removal Permit, Application No. TR-2025-002, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. TR-2025-002 as set forth in the Minutes of the City Council Meeting of January 21, 2026 Meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
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2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible for verifying all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2025-006, TM-2024-010, DP2025-001, and ASA-2024-016, shall be applicable to this approval.

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

5. TREE REPLACEMENT SIZE
The applicant shall provide adequate tree replacements for trees proposed to be removed in conformance with the replacement guidelines per Cupertino Municipal Code Section 14.18.160. The size of the proposed replacement trees shall be modified as follows to be consistent with the City’s Protected Tree Ordinance unless deemed infeasible by the City’s Consulting Arborist:
a. Diameter of trunk size of removed tree up to 12 inches shall be replaced with one 24-inch box tree;
b. Over 12 inches and up to 36 inches shall be replaced by two 24-inch box tree or one 36-inch box tree; and
c. Over 36 inches shall be replaced with one 36-inch box tree.

If it is determined that it is physically not feasible to plant the required replacement trees, the Applicant may pay in-lieu fees determined to be appropriate by the Community Development Director.

6. TREE PROTECTION
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a. As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added, at a minimum, to the protection plan:
 For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work.  No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist.
 No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City’s consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree.
 Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth.
 Tree protection conditions shall be posted on the required tree protection barriers.
 Retained trees shall be watered to maintain them in good health.  A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy.
b. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits.
c. The City’s consulting arborist, retained at the applicant’s expense, shall inspect the trees to be retained and the tree protection measures, and shall provide reviews prior to issuance of demolition, grading or building permits. d. A report ascertaining the good health of the trees mentioned above shall be provided by the applicant’s arborist, to be peer reviewed by the City’s Consulting Arborist, prior to issuance of final occupancy.

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

8. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.
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9. 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 that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

10. 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 656
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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 21st day of January, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Lauren Sapudar, Acting City Clerk
________________________
Date
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City of Cupertino
20085 AND 20111 STEVENS CREEK BOULEVARD
RESIDENTIAL PROJECT (PHASE 1)
December 2025 | CEQA Exemption Memorandum
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December 2025 | CEQA Exemption Memorandum
20085 AND 20111 STEVENS CREEK BOULEVARD
RESIDENTIAL PROJECT (PHASE 1)
for City of Cupertino
City of Cupertino
Contact: Gian Martire, Senior Planner
10300 Torre Avenue
Cupertino, California 95014
408.777.3319
Prepared by:

PlaceWorks
Contact: Rachel Goren, Associate
2040 Bancroft Way #400
Berkeley, California 94704
510.848.3815
www.placeworks.com
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DECEMBER 2025 i
Section Page

1. Introduction ......................................................................................................1

1.1 Statutory Exemptions.............................................................................................. 1

2. Project Description............................................................................................3

2.1 Regional Location.................................................................................................... 3

2.2 Project Site .............................................................................................................. 3

2.3 Land Use and Zoning Designations......................................................................... 3

2.4 Proposed Project..................................................................................................... 4

3. Findings Concerning CEQA Exemption................................................................5

3.1 Public Resources Code Section 21080.66 ............................................................... 5

3.2 Analysis in Support of Findings............................................................................... 5

3.3 Conclusion............................................................................................................. 19 Tables
Table 1 Infill Requirements and Project Consistency ................................................................ 6 Table 2 Environmental Criteria and Project Consistency ........................................................ 10 Table 3 Tribal Notification, Outreach, and Consultation Initiation ......................................... 15

SOURCES
All documents cited in this report and used in its preparation are hereby incorporated by reference into this document. Copies of documents referenced herein are available for review at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014.
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20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1)

CEQA EXEMPTION MEMORANDUM

CITY OF CUPERTINO

TABLE OF CONTENTS
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DECEMBER 2025 1

1. INTRODUCTION
This section describes the standards for determining a significant effect on the environment from construction and operation of the proposed 20085 and 20111 Stevens Creek Boulevard Residential Development Phase 1 (proposed project) pursuant to the requirements of the California Environmental Quality Act (CEQA). The City of Cupertino (City) is the lead agency for the proposed project.

1.1 STATUTORY EXEMPTIONS
Once it is determined that an activity is a project subject to CEQA, it is then determined whether the project is exempt from CEQA. Pursuant to State CEQA Guidelines Section 15061(b), a project is exempt from CEQA if:

1. The project is exempt by statute (see, e.g., Article 18, commencing with Section 15260).

2. The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.

3. The activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

4. The project will be rejected or disapproved by a public agency (see Section 15270(b)).

5. The project is exempt pursuant to the provisions of Article 12.5 of Chapter 3.

The proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a), as further discussed in Section 3, Findings Concerning CEQA Exemption.

This document has been prepared to demonstrate CEQA compliance as it pertains to the proposed project. This document also provides information to decision makers regarding a finding that the proposed project is exempt under CEQA. 662
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20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1)

PROJECT CEQA EXEMPTION MEMORANDUM

CITY OF CUPERTINO

1. INTRODUCTION
2 PlaceWorks
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DECEMBER 2025 3

2. PROJECT DESCRIPTION

2.1 REGIONAL LOCATION
The project site is in the city of Cupertino, approximately 38 miles southeast of the city and county of San Francisco. Cupertino is on the western edge of Santa Clara County and north of the city of Saratoga, east of unincorporated Santa Clara County, south of the city of Sunnyvale, and west of the city of San José. Regional access to the project site is provided by Interstate 280 (I-280) via North Wolfe Road or North De Anza Boulevard to the north, and by Highway 85 via Stevens Creek Boulevard to the west. The City is also supported by Santa Clara Valley Transportation Authority (VTA) bus service and Caltrain via the Sunnyvale, Lawrence, and Santa Clara Caltrain Stations.

2.2 PROJECT SITE
The 2.69-acre project is at 20085 and 20111 Stevens Creek Boulevard, between North Blaney Avenue and Randy Lane, in an urbanized area. The project site is developed with office buildings and a surface parking lot with ornamental landscaping. The site is bounded by single-family residences to the north, commercial development to the east, Stevens Creek Boulevard to the south, and commercial development to the west.

According to Plan Bay Area, the project site is within a Santa Clara VTA City Cores, Corridors & Station Areas Priority Development Area (PDA) and a Transit Priority Area (TPA). The project site is on Stevens Creek Boulevard, which is a high transit corridor, and within a half-mile walking distance from the VTA Bus Routes 23 and 55, which are considered major transit stops.

2.3 LAND USE AND ZONING DESIGNATIONS
The project site is assigned Assessor’s Parcel Numbers (APNs) 316-23-025 and 316-23-026, and the latter is identified as Housing Site 8 in Cupertino’s Housing Element. 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. This act 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, 664
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20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1)

CEQA EXEMPTION MEMORANDUM

CITY OF CUPERTINO

2. PROJECT DESCRIPTION
4 PlaceWorks
the proposed project is subject to the regulations in place at the time the project’s preliminary application was submitted, on June 27, 2024, which are:
▪ General Plan Land Use. Commercial/Office/Residential General Plan within the Heart of the City Special Area
▪ Specific Plan. Heart of the City Specific Plan
▪ Zoning District. Planned Development with General Commercial Residential (P(CG, Res)) ▪ Density. 25 dwelling units per acre (maximum)
▪ Height. 45 feet (maximum)
Pursuant to the State Density Bonus Law and the City’s Density Bonus ordinance (Cupertino Municipal Code 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 and to increase height allowance. ▪ A waiver for vehicle parking standards pursuant to Government Code Section 65915(p). ▪ A waiver for the parkland dedication development standard. ▪ A waiver to the Heart of the City Specific Plan Design Guidelines for Common Open Space.

2.4 PROPOSED PROJECT
The project applicant, Dividend Homes, is proposing a residential development that would involve the demolition of the existing office buildings and the construction of 10 new residential buildings. The proposed project would include a total of 57 townhomes made up of 11 belowmarket-rate and 46 market-rate units ranging from 1,548 to 2,156 square feet. Each townhome would have three stories with a roof deck and would be approximately 45 feet tall at the highest point. The proposed project would provide 124 vehicle parking spaces and 8 bicycle parking spaces. Each townhome would include private open space via a roof deck, averaging 60 square feet per unit. No common usable open space is proposed. 665
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DECEMBER 2025 5

3. FINDINGS CONCERNING CEQA EXEMPTION

3.1 PUBLIC RESOURCES CODE SECTION 21080.66
Assembly Bill (AB) 130, signed into law on June 30, 2025, and codified in Public Resources Code (PRC) Section 21080.66, exempts qualifying infill housing development from CEQA review, creating a new statutory exemption. This exemption applies to any required permits, entitlements, or other discretionary approvals for a broad range of housing types. This section demonstrates that the proposed project meets the requirements of PRC Section 21080.66 and is organized as follows:
▪ Infill Criteria. This section describes the project’s consistency with the allowed housing development type defined in PRC Section 21080.66(a), subdivisions (1) through (5) and (8). ▪ Environmental Criteria. This section describes the individual environmental requirements pursuant to PRC Section 21080.66(a), subdivisions (6) and (7). ▪ Tribal Cultural Resources. This section describes the tribal notification and outreach requirements pursuant to PRC Section 21080.66(b).
▪ Hazardous Materials. This section describes the requirements for the identification and treatment of hazardous materials pursuant to PRC Section 21080.66(c). ▪ Other Requirements. This section describes the Labor Code requirements and eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to PRC Sections 21080.66(d) and (e), respectively.

3.2 ANALYSIS IN SUPPORT OF FINDINGS
Infill Requirements
Table 1, Infill Requirements and Project Consistency, demonstrates that the project meets the requirements of PRC Section 21080.66(a), which specifically defines a “housing development project” in Government Code Sections 65905.5(b) and 65589.5(h)(2). 666
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20085 AND 20111 STEVENS CREEK BOULEVARD RESIDENTIAL PROJECT (PHASE 1)

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CITY OF CUPERTINO

3. FINDINGS CONCERNING CEQA EXEMPTION
6 PlaceWorks
Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
PRC Section 21080.66(a). Use Type.

The project meets any of the following for a definition of a “housing development project” pursuant to Government Code Sections 65905.5(b) and 65589.5(h)(2):
▪ Residential units only
▪ Mixed-use development which includes residential and non-residential uses that meet any of the following criteria:
o At least two-thirds of the project's new or converted square footage is designated for residential use
o At least 50 percent of the project's new or converted square footage is designated for residential use and the project meets both of the following:
- The project includes at least 500 net new residential units - No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging
1 o At least 50 percent of the net new or converted square footage is designated for residential use and the project meets all of the following:
- The project includes at least 500 net new residential units - The project includes the demolition or conversion of at least 100,000 square feet of non-residential use
- The project includes the demolition of at least 50 percent of the existing non-residential uses on the site
- No portion of the project is designated for transient lodging, except a portion of the project may be designated for use as a residential hotel (as described above)
▪ Transitional housing or supportive housing; or
▪ Farmworker housing, as defined in California Health and Safety Code Section 50199.7(h)
Consistent. The proposed project includes the construction of 57 townhome units only.
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3. FINDINGS CONCERNING CEQA EXEMPTION
DECEMBER 2025 7
Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
PRC Section 21080.66(a)(1): Size.

A project site does not exceed 20 acres or five acres for a builder’s remedy project as defined in Government Code Section 65589.5(h)(11), or a housing development project or emergency shelter that meets the criteria in Government Code Section 65589.5(d)(5) as it read before January 1, 2025.

Consistent. The size of the project site is 2.69 acres.

PRC Section 21080.66(a)(2): Location. The project site is within the boundaries of an incorporated municipality or an urban area, as defined by the United States Census Bureau. Based on the U.S. Census Bureau’s criteria for urban areas, an area must encompass at least 5,000 people or at least 2,000 housing units to be considered an urban area. In addition, an area must have 425 housing units per square mile, which defines the initial urban core. Two hundred (200) units per square mile shall fill in the remainder of the urban area. Each urban area shall contain at least one high-density nucleus, with 1,275 housing units per square mile. 2 Consistent. The site is located within the city of Cupertino, an incorporated city.

PRC Section 21080.66(a)(3): Urban Development. The project site meets any of the following criteria:
▪ The site has been previously developed with an urban use; ▪ At least 75 percent of the perimeter of the site adjoins parcels developed with urban uses;
▪ At least 75 percent of the area within a one-quarter mile radius of the site is developed with urban uses;
▪ At least three sides of the site are developed with urban uses and at least two-thirds of the site’s perimeter adjoins parcels that are developed with urban uses (for sites with four sides)
Consistent. The project site is developed with existing commercial buildings and a paved surface parking lot. The site is surrounded by urban uses and paved public streets, including commercial and residential uses that adjoin the northern, eastern, and western boundaries of the site, and Stevens Creek Boulevard, which adjoins the southern boundary of the site. In addition, surrounding land uses within one-quarter mile of the site are developed with urban uses. 668
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Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
PRC Section 21080.66(a)(4): General Plan or Zoning Consistency. The project is consistent with the applicable general plan or zoning ordinance, and any local coastal program as applicable.

If the zoning and general plan are not consistent with one another, the project would satisfy this requirement if it were consistent with one.

The approval of a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios shall not be the basis for determining that the project is inconsistent with this requirement.

Consistent. The project site is within the General Plan Heart of the City Special Area and the General Plan land use designation is Commercial/Office/Residential. The zoning district is Planned Development with General Commercial and Residential (P (CG, Res)) zoning district.

The General Plan land use designation allows residential development and an established residential density of up to 25 dwelling units per acre. The Heart of the City Specific Plan, which is consistent with the General Plan assumptions for the site, includes residential as a supporting use and allows for fully residential development through the approval of a Conditional Use Permit. The project site’s zoning district allows for residential development on the property.

The proposed project would provide a residential density of 21 dwelling units per acre, which is within the density allowed for the project site under the General Plan. The proposed maximum building height of 45 feet, 10.5 inches, is consistent with the General Plan’s 45- foot height limit allowed for the site with the applicable density bonus waiver.

PRC Section 21080.66(a)(5): Density. The project will be at least one-half of the following applicable density specified in Government Code Section 65583.2(c)(3)(B), to accommodate housing for lower income households3 ▪ At least 15 units per acre allowed for sites within an incorporated city within a non-metropolitan county and for a non-metropolitan county that has a micropolitan area
Consistent. The project site is in a metropolitan county (i.e., Santa Clara County). Therefore, the minimum density requirement under PRC 21080.66 (a)(5) is one half of 30 dwelling units per acre. The project would have a residential density of 21 dwelling units per acre. 669
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Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
▪ At least 10 units per acre allowed for sites within an unincorporated area in a non-metropolitan county not included in the above requirement
▪ At least 20 units per acre allowed for sites within suburban jurisdictions ▪ At least 30 units per acre allowed for sites within a jurisdiction in a metropolitan county.

PRC Section 21080.66(a)(8): Lodging Uses.

For a project that was deemed complete pursuant Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. For the purposes of this section, “other transient lodging” does not include either of the following:
▪ A residential hotel, as defined in Section 50519 of the Health and Safety Code.
▪ After the issuance of a certificate of occupancy, a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, in a manner consistent with local law.

Consistent. The proposed project would not include hotel, motel, bed and breakfast inn, or other transient lodging uses.

Notes:
1 For a project that was deemed complete pursuant to Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. Other transient lodging does not include either of the following: a residential hotel, as defined in Health and Safety Code Section 50519 or a resident’s use or marketing of a unit as short-term lodging, as defined in the Business and Professions Code, Section 17568.8.
2 United States Census Bureau, 2025, August 21 (accessed). Redefining Urban Areas following the 2020 Census. https://www.census.gov/newsroom/blogs/randomsamplings/2022/12/redefining-urban-areas-following-2020-census.html. 3 California Legislative Information, 2025, August 21 (accessed). Government Code – GOV: ARTICLE 10.6. Housing Elements [65580 - 65589.11]. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65588.&article=10.6.&highlight=true&keyword=housing+element. 670
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Environmental Criteria
Pursuant to PRC Section 21080.66(a), the project site must meet the environmental criteria identified in Government Code Section 65913.4(a)(6). These environmental criteria and the proposed project’s compliance are detailed in Table 2, Environmental Criteria and Project Consistency. As shown in Table 2, the project site would meet the environmental criteria.

Table 2 Environmental Criteria and Project Consistency
Environmental Criteria Consistency Determination
PRC Section 21080.66(a)(6)
Coastal Zone. The project site cannot be located in
a coastal zone, as defined in the Public Resources
Code (PRC) Division 20.

Consistent. The project site is not in a coastal
zone. The site is approximately 20 miles east of
the Pacific Ocean. The California Coastal
Commission designates the boundary of
coastal zones to extend 3 nautical miles
offshore and does not include the project site.1
Farmland. The project site cannot be located on
either prime farmland or farmland of statewide
importance, as defined pursuant to United States
Department of Agriculture land inventory and
monitoring criteria, as modified for California, and
designated on the maps prepared by the Farmland
Mapping and Monitoring Program of the
Department of Conservation, or land zoned or
designated for agricultural protection or
preservation by a local ballot measure that was
approved by the voters of that jurisdiction.

Consistent. The project site is not on prime
farmland or farmland of statewide importance.

The California Department of Conservation
designates the city of Cupertino as Urban and
Built-Up Land.2Additionally, as discussed in
Section 2.3, Land Use and Zoning Designations,
the project site is not zoned for agricultural
uses.

Wetlands. The project site cannot be located on
wetlands, as defined in the United States Fish and
Wildlife Service Manual, Part 660 FW 2.

Consistent. The United States Fish and Wildlife
Service does not identify any wetlands on or
near the project site.3
Fire Hazard Severity Zone. The project site cannot
be within a very high fire hazard severity zone
(FHSZ), as determined by the Department of
Forestry and Fire Protection (CAL FIRE) pursuant to
Government Code Section 51178, or within a high
or very high FHSZ as indicated on maps adopted by
CAL FIRE pursuant to PRC Section 4202. This
requirement does not apply to sites excluded from
the specified hazard zones by a local agency, or
sites that have adopted fire hazard mitigation
Consistent. The project site is not within a very
high FHSZ as designated by CAL FIRE. It is
approximately 2 miles northeast of a very high
FHSZ in a Local Responsibility Area, and 3 miles
northeast of lands that CAL FIRE designates as
a very high FHSZ in a State Responsibility
Area.
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Table 2 Environmental Criteria and Project Consistency
Environmental Criteria Consistency Determination
measures pursuant to existing building standards
or state fire mitigation measures applicable to the
development.

Hazardous Waste Site. The project site cannot be
on a hazardous waste site that is listed pursuant
to Government Code Section 65962.5 (Cortese
List) or a hazardous waste site designated by the
Department of Toxic Substances Control (DTSC)
pursuant to Health and Safety Code Section 25356
(EnviroStor online database), unless DTSC has
cleared the site for residential use or residential
mixed uses.

Consistent. The project site is not included on
the Hazardous Waste and Substances Site List
(Cortese), pursuant to Government Code
Section 65962.5.5 Additionally, the project site
is not listed on any of the following California
Environmental Protection Agency’s (CalEPA)
Cortese List Data Resources:6
▪ List of Hazardous Waste and Substances
sites from DTSC EnviroStor database5
▪ List of Leaking Underground Storage Tank
Sites (LUSTs) from the State Water
Resources Control Board’s (SWRCB’s)
GeoTracker7
▪ List of solid waste disposal sites identified by
SWRCB with waste constituents above
hazardous waste levels outside the waste
management unit8
▪ List of “active” Cease and Desist Orders and
Cleanup and Abatement Orders from
SWRCB9
▪ List of hazardous waste facilities subject to
corrective action pursuant to Section
25187.5 of the Health and Safety Code,
identified by DTSC10
Earthquake Fault Zone. The project site cannot be
within a delineated earthquake fault zone as
determined by the State Geologist in any official
maps published by the State Geologist, unless the
development complies with applicable seismic
protection building code standards adopted by the
California Building Standards Commission under
the California Building Standards Law of Health
and Safety Code Division 13, and by any local
building department under Title 2 of the
Government Code, Division 1, Chapter 12.2.

Consistent. The California Geological Survey
does not map an earthquake fault zone in or
near the project site. 11
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Table 2 Environmental Criteria and Project Consistency
Environmental Criteria Consistency Determination
Federal Emergency Management Agency (FEMA)
Designations. The project site cannot be within a
special flood hazard area subject to inundation by
the 1 percent annual chance flood (100-year flood)
as determined by FEMA in any official maps
published by FEMA, unless either of the following
are met:
▪ The site has been subject to a Letter of Map
Revision prepared by FEMA and issued to the
local jurisdiction.
▪ The site meets FEMA requirements necessary
to meet minimum flood plain management
criteria of the National Flood Insurance
Program.

The project site also cannot be within a regulatory
floodway as determined by FEMA in any official
maps published by FEMA, unless the development
has received a no-rise certification in accordance
with Title 44 of the Code of Federal Regulations,
Section 60.3(d)(3).

Consistent. FEMA’s Flood Insurance Rate Map
(FIRM) designates the project site as Zone X,
which is defined as areas with a 0.2% annual
chance of flood. The project site is also not
within a regulatory floodway.12
Conservation Plan. The project site cannot be on
lands identified for conservation in an adopted
natural community conservation plan pursuant to
the Natural Community Conservation Planning Act,
habitat conservation plan pursuant to the federal
Endangered Species Act of 1973, or other adopted
natural resource protection plan.

Consistent. The Santa Clara Valley Habitat Plan
boundaries cover a small portion of Cupertino;
however, the project site is approximately 0.9
miles north of the boundaries of the plan.13
Special-Status Species Habitat. The project site
cannot be in a habitat for protected species
identified as candidate, sensitive, or species of
special status by state or federal agencies, fully
protected species, or species protected by the
federal Endangered Species Act of 1973, the
California Endangered Species Act, or the Native
Plant Protection Act.

Consistent. The Classification and Assessment
with Landsat of Visible Ecological Groupings
habitat mapping program classifies the project
site as an “urban area,” which 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 has
no record of special-status plant and animal
species on the project site or urbanized areas
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Table 2 Environmental Criteria and Project Consistency
Environmental Criteria Consistency Determination
within a one-mile area surrounding the site.14
There are no natural lands within a one-mile
area of the project site. Accordingly, the
project site has no value as habitat for
endangered, rare, or threatened species.

Lands under Conservation Easement. The project
site cannot be on lands under conservation
easement.

Consistent. The project site is not within a
conservation easement.

PRC Section 21080.66(a)(7)
Historic Structure. Pursuant to PRC Section
21080.66(a)(7), the project cannot require the
demolition of a historic structure that was placed
on a national, State, or local historic register before the date a preliminary application was submitted
for the project.

Consistent. The project would include the
demolition of the site’s existing commercial
building. The existing building on the project
site is not currently listed on the National
Register of Historic Places15 or the list of
California Register of Historical Resources,16 or
the most recent list of Cupertino historically
significant resources.17
Sources:

1. California Coastal Commission, 2019, Maps: Coastal Zone Boundary, https://www.coastal.ca.gov/maps/czb/, accessed August 21, 2025.

2. California Department of Conservation, 2022, California Important Farmland Finder, https://maps.conservation.ca.gov/DLRP/CIFF/, accessed August 21, 2025.

3. United States Fish and Wildlife Service, 2025, August 21 (accessed), National Wetlands Inventory, https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/.

4. California Department of Forestry and Fire Protection, 2025, August 21 (accessed), Fire Hazard Severity Zone Viewer, https://experience.arcgis.com/experience/6a9cb66bb1824cd98756812af41292a0.

5. California Department of Toxic Substances Control, 2025, August 21 (accessed), Hazardous Waste and Substances Site List (Cortese),
https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS &status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29.

6. California Environmental Protection Agency, 2025, August 21 (accessed), Cortese List Data Resources, https://calepa.ca.gov/SiteCleanup/CorteseList/.

7. State Water Resources Control Board, 2025, August 21 (accessed), GeoTracker, https://geotracker.waterboards.ca.gov/search?CMD=search&case_number=&business_name=&main_street_n ame=&city=&zip=&county=&SITE_TYPE=LUFT&oilfield=&STATUS=&BRANCH=&MASTER_BASE=&Search=Search.

8. California Environmental Protection Agency, 2025, August 21 (accessed), Sites Identified with Waste Constituents Above Hazardous waste Levels Outside the Waste Management Unit, https://calepa.ca.gov/wpcontent/uploads/2016/10/SiteCleanup-CorteseList-CurrentList.pdf.

9. California Environmental Protection Agency, 2025, August 21 (accessed), List of “active” CDO and CAO from Water Board, https://calepa.ca.gov/wp-content/uploads/2016/10/SiteCleanup-CorteseList-CDOCAOList.xlsx. 674
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10. California Environmental Protection Agency, 2025, August 21 (accessed), Cortese List: Section 65962.5(a), https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/.

11. California Geological Survey, 2025, August 21 (accessed), Earthquake Zones of Required Investigation, https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/.

12. Federal Emergency Management Agency, 2009, May 18 (accessed August 21, 2025), FEMA Flood Map Service Center: Search By Address,
https://msc.fema.gov/portal/search?AddressQuery=10065%20E%20Estates%20Dr%2C%20Cupertino%2C%20C A%2095014.

13. Santa Clara Valley Habitat Agency, 2013 (accessed August 21, 2025), Santa Clara Valley Habitat Plan Geobrowser,
https://scvha.maps.arcgis.com/apps/webappviewer/index.html?id=f2268679c2fa49489e3f7d6e8377837e.

14. California Natural Diversity Database, 2025, August 21 (accessed), CNDDB Maps and Data, https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data.

15. National Park Service, 2024, July 10 (accessed August 21, 2025), National Register of Historic Places, https://www.nps.gov/subjects/nationalregister/database-research.htm#table.

16. California Office of Historic Preservation, 2025, August 21 (accessed), California Historical Resources, https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43.

17.City of Cupertino, 2015, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, Chapter 4.5, Cultural Resources, Table 4.4-2, Cultural Resources in the Project Study Area and Vicinity, pages

4.4-8 to 4.4-12.

Tribal Cultural Resources

TRIBAL OUTREACH AND CONSULTATION
PRC Section 21080.66(b) requires local government to provide formal notification via certified mail and email to each California Native American tribe that is traditionally and culturally affiliated with the project site as an invitation to consult on the proposed project, its location, and the potential for the project to impact tribal cultural resources pursuant to one of the following deadlines:
▪ Within 14 days of the application for the project being deemed complete pursuant to Government Code Section 65589.5(h)(5).
▪ Within 14 days of notifying the local government that the project is eligible to be exempt from this division pursuant to this section for projects whose applications were deemed complete before July 1, 2026.

Tribal Notification
The City received a request to be notified about projects in the city of Cupertino from the Tamien Nation on May 28, 2021, as the city is within the geographic area with which they are traditionally and culturally affiliated. The City routinely notifies the Tamien Nation of all applicable projects pursuant to the Native American Historic Resource Protection Act, 675
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commonly referred to as it’s legislative bill number AB 52. In addition, the City sent a request to the Native American Heritage Commission (NAHC) for a Tribal Contacts List on August 4, 2025.

The NAHC provided a consultation list with a total of 23 contacts for 9 tribes that are traditionally and culturally affiliated with the geographic area of the city of Cupertino on August 5, 2025, as listed.
▪ Amah Mutsun Tribal Band ▪ Muwekma Ohlone Tribe of the SF Bay Area ▪ Amah Mutsun Tribal Band of Mission San
Juan Bautista
▪ Northern Valley Yokut / Ohlone Tribe
▪ Tamien Nation
▪ Costanoan Rumsen Carmel Tribe ▪ The Ohlone Indian Tribe ▪ Indian Canyon Mutsun Band of Costanoan ▪ Wuksachi Indian Tribe/Eshom Valley Band On August 6, 2025, the City sent outreach request letters via certified mail and email for each tribal contact provided. Table 3, Tribal Notification, Outreach, and Consultation Initiation, shows the contacts that requested consultation.

Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact
Date of
Response
Date of
Consultation
Initiation
Amah Mutsun Tribal Band Ed Ketchum, Vice-Chairperson -- -- Amah Mutsun Tribal Band Valentin Lopez, Chairperson -- -- Amah Mutsun Tribal Band of
Mission San Juan Bautista
Garry Zimmer, Senior Cultural
Monitor and Consultant -- --
Amah Mutsun Tribal Band of
Mission San Juan Bautista
Christopher Zimmer, Senior Cultural
Monitor and Consultant,
Councilman
-- --
Amah Mutsun Tribal Band of
Mission San Juan Bautista
Michelle Zimmer, Senior Cultural
Monitor and Consultant -- --
Amah Mutsun Tribal Band of
Mission San Juan Bautista Irenne Zwierlein, Chairperson -- -- Amah Mutsun Tribal Band of
Mission San Juan Bautista
Shelby Brown, Senior Cultural
Monitor and Consultant,
Councilwoman
-- --
Costanoan Rumsen Carmel Tribe Carla Munoz, Tribal Council -- -- 676
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Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact
Date of
Response
Date of
Consultation
Initiation
Costanoan Rumsen Carmel Tribe Samuel Rodriguez, Cultural Resource Officer -- --
Costanoan Rumsen Carmel Tribe Henry Muñoz, Cultural Resource Officer -- --
Indian Canyon Mutsun Band of
Costanoan
Ann Marie Sayers, Retired
Honorable Elder -- --
Indian Canyon Mutsun Band of
Costanoan
Kanyon Sayers-Roods, Tribal
Chairwoman
8/6/2025 8/20/2025
Muwekma Ohlone Tribe of the SF
Bay Area
Richard Massiatt, Councilmember/
MLD Tribal Rep. 8/6/2025 8/20/2025
Muwekma Ohlone Tribe of the SF
Bay Area Charlene Nijmeh, Chairperson -- --
Northern Valley Yokut / Ohlone
Tribe Katherine Perez, Chairperson -- --
Northern Valley Yokut / Ohlone
Tribe
Timothy Perez, Tribal Compliance
Officer -- --
Tamien Nation Lillian Camarena, Secretary 8/28/2025 9/9/2025 Tamien Nation Quirina Geary, Chairperson 8/28/2025 9/9/2025 Tamien Nation Johnathan Wasaka Costillas, THPO -- --
The Ohlone Indian Tribe Desiree Vigil, THPO -- --
The Ohlone Indian Tribe Andrew Galvan, Chairperson -- -- The Ohlone Indian Tribe Vincent Medina, Cultural Leader -- -- Wuksachi Indian Tribe/ Eshom
Valley Band Kenneth Woodrow, Chairperson -- --
Source. Native American Heritage Commission, August 2025.

Note. Where no dates are identified, no response was received so consultation was not initiated.

Sacred Lands File Search
Concurrently with the tribal contact list request on August 4, 2025, the City also requested a Sacred Lands File (SLF) search. There are no known cultural resources on the project site and the results of the SLF search conducted by Mathew Lin, MPP, Cultural Resources Analyst, NAHC, on August 5, 2025, were negative.
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PROTECTION OF TRIBAL CULTURAL RESOURCES
Pursuant to PRC Section 21080.66(b)(4)(A), the project applicant is required to comply with any enforceable agreements reached during the project consultation. Because no agreements, enforceable or otherwise, were requested during project consultation, no requirements were added to the proposed project. Further, pursuant to PRC Section 21080.66(b)(4)(B), a mutual agreement between the California Native American tribes that consulted, and the project applicant was made; thus, none of the measures pursuant to PRC Section 21080.66(b)(4)(B) are required.

TRIBAL CULTURAL RESOURCES CONSISTENCY SUMMARY
The City completed the tribal outreach requirements pursuant to PRC Section 21080.66(b)(1) through (3) and the requirements of PRC Section 21080.66(b)(4) do not need to be included as a binding condition. As such, the project is consistent with the tribal outreach and consultation and protection of tribal cultural resources requirements described in PRC Section 21080.66(b).

Environmental Assessment (Hazardous Materials)

PHASE I ENVIRONMENTAL SITE ASSESSMENT
PRC Section 21080.66(c)(1)(A) states that local government shall require the project applicant to complete a Phase I Environmental Site Assessment (ESA) as a condition of approval for the development, as defined in Section 78090 of the Health and Safety Code. Based on PRC Section 21080.66(c)(1)(B), if a recognized environmental condition (REC) is found, the project applicant shall complete a preliminary endangerment assessment1(in accordance with the California Health and Safety Code Section 78095), prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. Pursuant to PRC Section 21080.66(c)(1)(C), if a release of a hazardous substance is found to exist on the site, the release shall be removed, or any effects of the release shall be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy. Pursuant to PRC Section 21080.66(c)(1)(D), if a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall 1 Based on the California Health and Safety Code Section 78095, preliminary endangerment assessment includes the following activities: sampling and analysis of a site; a preliminary determination of the type and extent of hazardous material contamination of a site; and a preliminary evaluation of the risks the hazardous materials contamination of a site may pose to public health or the environment. 678
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be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy.

HAZARDOUS MATERIALS CONSISTENCY REQUIREMENTS
A Phase I ESA was prepared and third-party peer reviewed as part of the City’s requirements in Cupertino Municipal Code Chapter 17.04, Standard Environmental Protection Requirements, that identifies standard environmental protection requirements that all construction projects must meet. The results of the Phase I ESA did not find any RECs. Accordingly, the project is consistent with the PRC Section 21080.66(c)(1) criteria regarding hazardous materials.

PROXIMITY TO FREEWAYS
For projects within 500 feet of a freeway, PRC Section 21080.66(c)(2) requires:
▪ The building shall have a centralized heating, ventilation, and air-conditioning (HVAC) system.
▪ The outdoor air intakes for the HVAC system shall face away from the freeway. ▪ The building shall provide air filtration media for outside and return air that provides a minimum efficiency reporting value of 16.
▪ The air filtration media shall be replaced at the manufacturer’s designated interval. ▪ The building shall not have any balconies facing the freeway.

Project Consistency. The project site is approximately 0.7 miles (3,700 feet) away from the freeway; therefore, the proposed project is not subject to PRC Section 21080.66(c)(2) criteria.

Other Requirements

LABOR CODE
PRC Section 21080.66(d) includes additional labor requirements for housing development projects, including:
▪ The payment of at least the general prevailing rate of per-diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations, to construction workers employed in the execution of a 100 percent affordable housing development project.
▪ Compliance with the labor standards outlined in Government Code Section 65913.4(a)(8) for buildings over 85 feet in height above grade.
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3. FINDINGS CONCERNING CEQA EXEMPTION
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▪ Compliance with the labor standards of Government Code Section 65912.130 for projects of 50 units or greater in the city and county of San Francisco, for any construction craft where at least 50 percent of the units in market-rate multifamily housing projects that received their certificate of occupancy between 2022 and 2024, inclusive, were built by workers that were paid not less than the general prevailing rate of per-diem wages. ▪ Extension of Labor Code Section 218.8 to the project applicant in addition to the direct contractor or subcontractor.
▪ Allowance of a joint labor-management cooperation committee to undertake specific actions to court.

Project Consistency. The proposed project is not a 100 percent affordable housing development, over 85 feet in height above grade, or in the city or county of San Francisco. The proposed project would comply with the Labor Code and the Business and Professions Code described.

ELIGIBILITY FOR MODIFICATIONS OF DEVELOPMENT STANDARDS
As stated in PRC Section 21080.66(e), this PRC section does not affect the eligibility of a housing development project for a density bonus, incentives or concessions, waivers, or reductions of development standards, and reduced parking ratios pursuant to Government Code Section 65915. Therefore, the applicability of this statutory exemption does not prohibit the proposed project from requesting the waivers, exception, and reduction described in Section 2.3, Land Use and Zoning Designations.

3.3 CONCLUSION
As analyzed in Section 3.1, Public Resources Code Section 21080.66, the proposed project meets the criteria for statutory exemption. Accordingly, this document finds that a Notice of Exemption is appropriate for the proposed project pursuant to CEQA Guidelines Section 15062. 680
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From: Whitney McNair
To: City of Cupertino Planning Commission; Santosh Rao; Tracy Kosolcharoen; David Fung; Seema Lindskog; Steven Scharf
Cc: Gian Martire; City of Cupertino Planning Dept.; City of Cupertino Planning Dept.; [email protected]; [email protected]
Subject: December 9, 2025, Planning Commission Hearing for 20045 & 20065 Stevens Creek Blvd.

Date: Wednesday, December 3, 2025 10:57:32 AM
Attachments: image.png
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Dear Chair Rao, Vice-Chair Kosolcharoen, and Commissioners Fung, Lindskog, and Scharf:

RE: Application #: DP-2025-002, ASA-2025-004, TM-2025-002, TR-2025-005, & U-2025-007 Location: 20045 & 20065 Stevens Creek Blvd. (APN: 316-23-095, -096) We are long-standing homeowners, having resided at 20074 Wheaton Drive for nearly 25 years. We are writing to urge you to consider changes to the proposed 32-unit project, which is located directly behind our home. Although this letter focuses on the 32-unit project, the comments can be applied to the project at 20085 & 20111 Stevens Creek Blvd.

The two projects directly abut my neighbors along Wheaton Drive, all of whom are longtime residents.

I have been a city planner for 30 years and have a long history of supporting context-based designed housing projects throughout Cupertino and the region. However, the proposed project does not take into consideration standard planning principles, and more specifically, the residential site planning considerations outlined in the Heart of the City Specific Plan, which aim to address the relationship between commercial properties and existing single-family homes. The changes we are requesting help ensure the project is sensitive to the existing residential uses, meets the intention of the Specific Plan, without impacting unit density or the developer's ability to develop the property.

The Heart of the City Specific Plan requires a use permit for housing projects that are not part of the City’s Housing Element. This site is not a Housing Element site and, therefore, is subject to a use permit and conditions of approval. That is to say, this is not a by-right development, and the City may impose conditions.

Heart of the City Specific
Plan
Proposed
Project
Requested Changes
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Building forms shall be
such that buildings
adjacent to residentially
developed parcels shall be
stepped back or terraced
or have adequate setback
so that privacy is
maintained. Buildings
requiring terracing shall
have a 1.5:1 setback-toheight ratio.

A vertical
43’, 3-story,
4-bedroom
unit plus a
roof deck,
13’ from the
property
line.

There is no
terracing,
sensitivity to
privacy, or
an adequate
setback-toheight ratio.

Require the units along the rear property line
(units 26 and 27) to be reduced to 2 stories,
providing the required terracing for privacy.

Additionally, prohibit a roof deck.

The minimum rear setback
shall be equal to one and
one-half (1.5) times the
height of the building with
a minimum setback of 20’.

Based on the design, the
project should be setback
approximately 60’.

The project
proposes a
rear setback
of only 13.4’
The proposed project utilizes a combination
of narrower units with a tandem two-car
garage (14’) and wider units with a standard
two-car garage (21’). We request that
buildings 4 & 5 be redesigned with the
narrower tandem garages, reducing the
building footprint by approximately 21’. This
would allow for a rear setback of
approximately 34’ (13’ + 21’).

Adjacent to developed
residential properties,
attractive screen fencing
or walls shall be provided
along the side or rear
property lines to screen
buildings; a minimum of 5’
planting area shall be
established within and
adjacent to the fence or
wall with evergreen trees
planted at a minimum
spacing of 25’ on center.

Only two 24”
box Laurus
Saratoga
(Saratoga
Laurel) will
be planted
to screen
building 4,
unit 26.

A double row of evergreen screen trees
should be planted across the entire rear
property line to provide maximum screening,
at a minimum spacing of 25’ on center, even
in the areas designated “private yard.” Trees
should be required to be maintained for the
life of the project, even if they are located in
a private yard. Only the homes on the end
facing the rear property line have private
yards. Consider making the landscape
setback at the rear of the site common
property to be maintained by the HOA.
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Where a commercial and
residential property share
a common property line,
the sound wall separating
the uses shall have a
minimum height of 8’. The
sound wall may be taller
than 8’.

The project
proposes to
keep the
existing 6’
soundwall
across the
rear property
line, but
build a new
8’ soundwall
on the
interior
property
line.

For
reference,
the mixeduse project
at the corner
of Blaney
and Stevens
Creek
installed an
8’ soundwall
along the
rear property
line as a
condition of
the project.

Build a new 8’ soundwall to match the
proposed soundwall along the interior
property line. Require the developer to
replace any landscaping damaged on the
adjacent properties as a result of the
construction.

Clear
windows
facing the
existing
single-family
homes
Require windows facing the rear property
line to be opaque.

Proposed Section
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The proposed section provides a sense of the project's scale in relation to the adjacent single-story, single-family homes. We’ve personally invested in solar panels on our southfacing roof that will be directly impacted by the proposed development should the proposed changes not be implemented. Impacts to our solar installation and the ability to generate solar power have a direct financial impact on us.

We request a solar analysis to show the impact of the proposed housing on our ability to generate solar energy.

We request that the Commission impose the requested changes as conditions of approval to the building design noted above.

It is worth noting that Dividend Homes has a similar development with similar site characteristics in Palo Alto, called Acacia:
https://www.dividendhomes.com/communities/acacia/. In this case, the developer chose to design a more context-sensitive project - something they chose not to do here. The project is located near El Camino Real with adjacent single-family homes along one property line. Here, Dividend Homes increased the setback and built two-story units along the property line shared with single-family homes (designated as units with a “2”). Below is a copy of the site plan for that project. We are requesting that they have the same respect for the adjacent homeowners here in Cupertino.
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Homes in the North Blaney neighborhood are designed with privacy in mind. The main living space, kitchen, living room, and primary bedroom all face the rear yard, minimizing the impact on adjacent neighbors. The proposed project - 43’ in height, 13’ from the rear property line with its primary living space on the second and third stories, with an added roof deck - will directly impact our primary living space.

It is vital to provide housing throughout the region to a wide range of prospective owners and renters. The residents will be part of an existing community, one that we’ve been proud to be part of for nearly 25 years. However, the project should be designed in a manner that is sensitive to all adjacent properties. Maximizing the financial benefit to the developer should not outweigh the concerns of longtime residents who have vested financial interests of their own. The project's design doesn’t take into account the sensitivities of the adjacent properties, nor does it comply with the site planning standards outlined in the existing Specific Plan.

The requested changes fall within the purview of the Planning Commission and should be requirements of the use permit.

We thank you for considering these modest changes to the proposed project, which aim to ensure that all Cupertino residents enjoy well-intentioned and thoughtfully designed housing.

Whitney & Todd McNair
20074 Wheaton Drive
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From: Jennifer Griffin
To: City of Cupertino Planning Commission
Cc: [email protected]
Subject: SB 330 Projects on Stevens Creek Blvd. (Agenda Items 2 & 3) Planning Commission Meeting on Dec. 9, 2025 Date: Friday, December 5, 2025 1:51:49 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Planning Commission:

There are two SB 330 projects on Stevens Creek Blvd. being considered for the Planning Commission meeting on December 9, 2025. These are Agenda Item # 2 (10085 Stevens Creek Blvd. https://linkprotect.cudasvc.com/url?
a=https%3a%2f%2fet.al&c=E,1,MtrnVTKbPXWwB66AgdY8GrcMbwzhbKyQUgR_Nh4q8Yl1p0jDuleY7A94AaitTzd9vL0mZ_qS5_gbm2Y0g5hyP6Lm5j9nwa13rEu2n_6GQy94qbBCLcsCZj6n&typo=1) and Agenda Item # 3 (10045 Stevens Creek Blvd. https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fet.al&c=E,1,- F7aAZ_Ni_EU9BLBEKE4pY3K60mOcVpyFJZ5CLPbS7hzgLkAN06kM7tBKCHfayfn5ddTEjNhSbw-PHhi9ZgaKAspBr2BfSK95GG5ElcFUSs,&typo=1 ).

I have some questions about these two projects. Both of these projects are in the Heart of the City area.

1. How many street trees are being considered for removal from these two projects? The Heart of the City stipulates a 35 foot setback from Stevens Creek Blvd. with street trees. Is this being honored?

2. Is the building massing consistent with the Heart of the City concept idea of stepping the Second and third storeys back to have a pleasant, unimposing presence in the tree-lined Avenue effect of Heart of the City?

3. Are the projects providing enough setbacks from adjacent neighbors that the buildings Will not intrude on the neighbors? There have been problems in previous SB 330 projects where the back of the proposed projects were mere feet from surrounding neighbors, causing Privacy and noise issues for neighbors. This has precipitated the potential need to close adjacent Streets due to privacy concerns.

4. Will there be disruption to traffic on Stevens Creek Blvd. by the projects being planned on These sites? How is the traffic flow from these two sites being handled as it exits and enters From Stevens Creek Blvd? If bike barriers are installed along Stevens Creek Blvd. in front of These two projects, will this affect the traffic flow exiting these complexes onto Stevens Creek Blvd. and traffic entering the complexes from Stevens Creek Blvd.? There has been significant Traffic issues at the Shane Company store across Stevens Creek Blvd. from these two projects.

5. How many students will be generated by these two projects and what schools will they attend?

6. How many active retail businesses will be impacted by these projects and can these businesses be relocated in Cupertino?

7. Can the retail stay on-site at the projects until the projects are built? This will help the retailers To remain longer and it can help the city keep its businesses taxes. The retailers will have time to look for new retail sites in Cupertino. The city should require the businesses to not be evicted until The projects are ready to be built. This way the retail stays at the location, even if the projects are never built.

Thank you.

Best regards,
Jennifer Griffin
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Dear City Planner
I am a residence on Wheaton Dr. and got the said project design plan from the developer and have concerns about it because it would affect our life quality seriously. My main concerns are:

1. Privacy: the buildings look too tall, 40+ feet, and too close to our backyard fence, (by the plan picture, it looks like barely about 1/3 of the distance of my house to the fence). The tenants from the higher units would be easily looking through our house window.

2. Life quality: It would block sunshine, especially in winter, and the wind flow, especially in summer. And we just signed a contract with Tesla to install solar panel on our roof and worried that it may be affected.

3. Security: not like backyard fence shared with a single house or a business, this project would have so many units and tenants. And our fence is kind of low; one could easily get over it even without a ladder. Depends on the tenant’s quality it could be a security concern.

I have heard from my neighbors who all have all the same concerns, and some have more. I don't know how much our opinion could do. But for your consideration, below are my thoughts that may be help in solving the problem.

1. Instead to make all building the same height make the buildings that face Stevens Creek Blvd taller, and the buildings next to our backyard lower. I noticed there is a newly developed residential community on Stevens Creek close to freeway 85 where there is a Five story building face Stevens Creek and all the other behind only Three stories. I think the same idea could be used in this project as well, for example, to build Four or more story buildings in front and Two stories behind.

2. By the current plan the most north buildings are too close to the fence, it should require a much bigger setback distance between the building and our backyard fence.

3. All the windows, if any, facing our backyard should be designed taller enough so that the tenant would not be able to look down and view easily inside of our house. The best would be no window at all on the higher floors like my current neighbor's 2 story house where no windows on the side facing our house.

Thank you very much in advance if you could take our concerns into your kind consideration and help keeping our normal life would not be affected too much and so badly.

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the senderand know the content is safe.

From: J. Su <[email protected]>
Sent: Monday, December 8, 2025 1:42 AM
To: City of Cupertino Planning Dept. <[email protected]> Subject: comments on project of 20085 project
Jerry Su
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From: Jennifer Griffin
To: City of Cupertino Planning Commission
Cc: [email protected]; City Council
Subject: Cumulative Impacts of Successive SB 330 Projects on Stevens Creek Blvd.

Date: Tuesday, December 9, 2025 10:37:47 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Planning Commission:
(Please consider the following input as public input for Agenda Item Number 2 (10085 Stevens Creek Blvd.

Et al.) and Agenda Item Number 3 (10045 Stevens Creek Blvd. Et al.) on the Planning Commission Agenda for the 12/9/25 Planning Commission meeting).

There are already two SB 330 projects in progress for Stevens Creek Blvd, the Staples SB 330 Project and the United Furniture SB 330 Project. Now we have two more SB 330 Housing Projects being proposed, 10085 Plus Stevens Creek Blvd. and 10045 Plus Stevens Creek Blvd. All of these housing projects are being proposed In a fairly short sequence of distance on Stevens Creek Blvd.

There is a concept called Cumulative Impact which can be a very serious consequence of this many projects Being proposed for such a short distance of roadway. One project (Staples) might disrupt local traffic patterns etc. This could be mitigated by studying adjacent traffic patterns and taking appropriate action By adding traffic signals or adding crosswalks etc. to help reduce the impacts on adjacent roadways or intersections.

This type of mitigation gets more complicated when you have another project introduced (United Furniture) That can potentially not only affect its local traffic patterns, but also the traffic patterns of the first project (Staples). The impact to traffic grows cumulatively. Then you add a third project (10085 Plus) and a fourth Project (10045 Plus) and now you have many levels of cumulative impact. The ability to mitigate the Effects of these projects on traffic become more and more difficult.

It is of utmost importance that adequate traffic studies on Stevens Creek Blvd. be calculated and analyzed before any more SB 330 projects are built along Stevens Creek Blvd. There is another proposed SB 330 Project for Stevens Creek Blvd. which would be a fifth large housing project proposed on less than a mile Of Stevens Creek Blvd. frontage in the busy Historic Cupertino Downtown Shopping Corridor. This Corridor is heavily used by much of the population of Cupertino and other cities. It has been called The Cross Roads for over one hundred years. There are many streets that cross Stevens Creek Blvd. and their traffic loads could be affected by too much cumulative impacts of too many SB 330 Housing Projects on Stevens Creek Blvd. in just one mile.

The SB 330 bill says housing projects are subject to CEQA review and CEQA review involves traffic impacts.

This type of potential cumulative impact from so many SB 330 housing projects does not lend itself To ministerial review of these projects from CEQA.

Thank you.

Best regards,
Jennifer Griffin
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From: ED HSIAO
To: City of Cupertino Planning Commission
Subject: Concerns Regarding 20045 & 20065 Stevens Creek Blvd Proposal Date: Tuesday, December 9, 2025 10:41:03 AM
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Dear Planning Commission,
My name is Ed Hsiao, and I am a homeowner at 20054 Wheaton Drive, where my family and I have lived for 35 years. Our home sits directly behind the proposed Dividend Homes development on Stevens Creek Boulevard, and I am writing to share concerns about the current site plan—particularly the height of Buildings 4 and 5 at 20045 & 20065 Steven Creek Blvd., and the limited setback distance between these buildings and the Wheaton Drive property line.

After reviewing the project documents, I am concerned that these two buildings are positioned far too close to the backyards of the existing homes on Wheaton Drive. As currently designed, they would stand approximately 43 feet tall and three stories high, which would significantly impact the privacy and daily living environment of residents whose yards would be directly overlooked.

I respectfully request that the Planning Commission consider requiring a greater setback from the Wheaton Drive properties—ideally a minimum of 40 feet, which is approximately where the existing building on the site is currently situated, and a reduction in height to two stories, consistent with the height of the existing buildings.

These adjustments would help the project better integrate with the established neighborhood and preserve the privacy that current homeowners have relied on for decades.

Thank you for your time and consideration.

Sincerely,
Ed Hsiao
Homeowner, 20054 Wheaton Drive
Cupertino, CA
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Dec 9, 2025
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposed Housing Development at 20045-20065 Stevens Creek Blvd.

By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
Dear Cupertino Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of its obligation to abide by all relevant state laws when evaluating the proposed 32-unit housing development project at 20045-20065 Stevens Creek Blvd, which includes three median-income units and three moderate-income units. These laws include the Housing Accountability Act (“HAA”), the Density Bonus Law (“DBL”), Housing Element Law, AB 130, and California Environmental Quality Act (“CEQA”) guidelines.

The HAA provides the project legal protections. It requires approval of zoning and general plan compliant housing development projects unless findings can be made regarding specific, objective, written health and safety hazards. (Gov. Code, § 65589.5, subd. (j).) The HAA also bars cities from imposing conditions on the approval of such projects that would reduce the project’s density unless, again, such written findings are made. (Ibid.) As a development with at least two-thirds of its area devoted to residential uses, the project falls within the HAA’s ambit, and it complies with local zoning code and the City’s general plan.

Increased density, concessions, and waivers that a project is entitled to under the DBL (Gov.

Code, § 65915) do not render the project noncompliant with the zoning code or general plan, for purposes of the HAA (Gov. Code, § 65589.5, subd. (j)(3)). The HAA’s protections therefore apply, and the City may not reject the project except based on health and safety standards, as outlined above. Furthermore, if the City rejects the project or impairs its feasibility, it must conduct “a thorough analysis of the economic, social, and environmental effects of the action.” (Id. at subd. (b).)
2201 Broadway, PH1, Oakland, CA 94612
www.calhdf.org
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CalHDF also writes to emphasize that the DBL offers the proposed development certain protections. The City must respect these protections. In addition to granting the increase in residential units allowed by the DBL, the City must not deny the project the proposed waivers and concessions with respect to building bulk; front, side, and rear setbacks; building forms; lot coverage; parking requirements; mixed-use retail requirements; and common open space requirements. If the City wishes to deny requested waivers, Government Code section 65915, subdivision (e)(1) requires findings that the waivers would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. If the City wishes to deny requested concessions, Government Code section 65915, subdivision (d)(1) requires findings that the concessions would not result in identifiable and actual cost reductions, that the concessions would have a specific, adverse impact on public health or safety, or that the concessions are contrary to state or federal law. The City, if it makes any such findings, bears the burden of proof. (Gov. Code, § 65915, subd. (d)(4).) Of note, the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions. (Id. at subd. (p).) Additionally, the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL, the City “may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes ‘amenities’ beyond the bare minimum of building components.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 775.) Finally, the project is exempt from state environmental review pursuant to AB 130 (Pub. Res.

Code, § 21080.66), which was signed into law on June 30, 2025 and effective immediately (Assembly Bill No. 130, 2025-2026 Regular Session, Sec. 74, available here). Caselaw from the California Court of Appeal affirms that local governments err, and may be sued, when they improperly refuse to grant a project a CEQA exemption or streamlined CEQA review to which it is entitled. (Hilltop Group, Inc. v. County of San Diego (2024) 99 Cal.App.5th 890, 911.) As you are well aware, California remains in the throes of a statewide crisis-level housing shortage. New housing such as this is a public benefit: by providing affordable housing, it will mitigate the state’s homelessness crisis; it will increase the city’s tax base; it will bring new customers to local businesses; and it will reduce displacement of existing residents by reducing competition for existing housing. It will also help cut down on transportation-related greenhouse gas emissions by providing housing in denser, more urban areas, as opposed to farther-flung regions in the state (and out of state). While no one project will solve the statewide housing crisis, the proposed development is a step in the right direction. CalHDF urges the City to approve it, consistent with its obligations under state law.

CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org. 2 of 3
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Dec 9, 2025
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposed Housing Development at 20085-20111 Stevens Creek Blvd.

By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
Dear Cupertino Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of its obligation to abide by all relevant state laws when evaluating the proposed 57-unit housing development project at 20085-20111 Stevens Creek Blvd, which includes six median- and five moderate-income units. These laws include the Housing Accountability Act (“HAA”), the Density Bonus Law (“DBL”), Housing Element Law, AB 130, and California Environmental Quality Act (“CEQA”) guidelines.

Increased density, concessions, and waivers that a project is entitled to under the DBL (Gov.

Code, § 65915) do not render the project noncompliant with the zoning code or general plan, for purposes of the HAA (Gov. Code, § 65589.5, subd. (j)(3)). The HAA’s protections therefore apply, and the City may not reject the project except based on health and safety standards, as outlined above. Furthermore, if the City rejects the project or impairs its feasibility, it must conduct “a thorough analysis of the economic, social, and environmental effects of the action.” (Id. at subd. (b).)
2201 Broadway, PH1, Oakland, CA 94612
www.calhdf.org
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CalHDF also writes to emphasize that the DBL offers the proposed development certain protections. The City must respect these protections. In addition to granting the increase in residential units allowed by the DBL, the City must not deny the project the proposed waivers and concessions with respect to height limits, front, side, and rear setbacks, building form, building bulk, lot coverage, parking requirements, mixed-use retail requirements, and common open space requirements. If the City wishes to deny requested waivers, Government Code section 65915, subdivision (e)(1) requires findings that the waivers would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. If the City wishes to deny requested concessions, Government Code section 65915, subdivision (d)(1) requires findings that the concessions would not result in identifiable and actual cost reductions, that the concessions would have a specific, adverse impact on public health or safety, or that the concessions are contrary to state or federal law. The City, if it makes any such findings, bears the burden of proof. (Gov. Code, § 65915, subd. (d)(4).) Of note, the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions. (Id. at subd. (p).) Additionally, the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL, the City “may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes ‘amenities’ beyond the bare minimum of building components.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 775.)
Finally, the project is eligible for a statutory exemption from CEQA pursuant to AB 130 (Pub.

Res. Code, § 21080.66), which was signed into law on June 30, 2025 and effective immediately (Assembly Bill No. 130, 2025-2026 Regular Session, Sec. 74, available here). Caselaw from the California Court of Appeal affirms that local governments err, and may be sued, when they improperly refuse to grant a project a CEQA exemption or streamlined CEQA review to which it is entitled. (Hilltop Group, Inc. v. County of San Diego (2024) 99 Cal.App.5th 890, 911.) As you are well aware, California remains in the throes of a statewide crisis-level housing shortage. New housing such as this is a public benefit: by providing affordable housing, it will mitigate the state’s homelessness crisis; it will increase the city’s tax base; it will bring new customers to local businesses; and it will reduce displacement of existing residents by reducing competition for existing housing. It will also help cut down on transportation-related greenhouse gas emissions by providing housing in denser, more urban areas, as opposed to farther-flung regions in the state (and out of state). While no one project will solve the statewide housing crisis, the proposed development is a step in the right direction. CalHDF urges the City to approve it, consistent with its obligations under state law.
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CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org.

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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From: Jennifer Griffin
To: City of Cupertino Planning Commission
Cc: [email protected]
Subject: Fwd: SB 330 Moratorium because of Traffic Load Problems on Stevens Creek Blvd.

Date: Tuesday, December 9, 2025 11:53:04 AM
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FYI.
-------- Original Message --------
Subject: SB 330 Moratorium because of Traffic Load Problems on Stevens Creek Blvd.

From: Jennifer Griffin <[email protected]>
Sent: Tuesday, December 9, 2025, 11:46 AM
To: [email protected]
CC: [email protected],[email protected]
Dear City Council:
(Please include the following as public input for the Cupertino City Council meeting on Dec. 16,
2025.)
There are an every expanding proliferation of SB 330 Housing Projects on a one mile section of Stevens Creek Blvd. in the Historic Cross Roads Shopping Area of Stevens Creek Blvd.

It has escalated to five large housing projects. SB 330 does not take into account the implications
Of large amounts of its successive projects, especially in one area.

This type of future disaster is teetering on the brink in Cupertino in this one busy section Of Stevens Creek Blvd. There are so many housing projects planned along this corridor that the
City must think very carefully about the implications to traffic movement on Stevens Creek Blvd.
as a whole. We could potentially be shutting down all movement on this section of roadway.

It is becoming apparent that there needs to be some sort of moratorium on any more SB 330 Projects on Stevens Creek Blvd. in Cupertino until adequate traffic studies can be performed to
Study this situation. The city cannot afford to adversely affect traffic flow on Stevens Creek Blvd
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Any more than it already is.

SB 330 is a bill that tries to expedite housing construction, but it has potentially been causing a disaster when it allows too many housing projects to be streamlined in one area.

The city needs to be able to adequately study the ramifications of so many housing projects at one
time on one heavily utilized section of roadway in the city.

A moratorium on SB 330 projects should be called until the Stevens Creek Blvd. roadway impacts
from these SB 330 projects can be studied and the city can decide the best course of action for everyone
Involved.

The city should have town halls and study sessions on the traffic impacts from so many SB 330 projects
On Stevens Creek Blvd. in the near future to help mitigate and analyze and remedy the everexpanding situation.

Thank you for your attention to this matter.

Best regards,
Jennifer Griffin
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From: Pam Hershey
To: City of Cupertino Planning Commission
Subject: Agenda 2 and 3
Date: Tuesday, December 9, 2025 4:01:41 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Planning Commission Chair and Commissioners,
A moratorium on SB 330 projects should be called on Stevens Creek Blvd. because the impacts all the projects will have on main road Stevens Creek Blvd at the same time.

Was there a traffic or school studies done on the Town House Projects on Agenda Item #2 and #3?
10045 Stevens Creek and 10085 Stevens Creek
How many students will be attending the already impacted schools near these two projects? My neighbor has to drive their daughter to Eaton School as Collins does not have any room for her. This will cause more traffic along SCB as the parents will be driving their children to a school that can accommodate them.

Please consider the consequences of the two proposed projects With he impact of the neighbors that live within half of a mile from many building projects at this time.

Regards,
Pamela Hershey
Wheaton Dr.
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5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
297.094
11-14-2025
JOB NO.

DATE
A.32
DAHLIN GROUP ARCHITECTURE | PLANNING | INTERIORS
20111 & 20085 STEVENS CREEK BLVD

CUPERTINO, CA I DIVIDEND HOMES
WWW.DAHLINGROUP.COM

STEVENS CREEK BOULEVARD
STREET PERSPECTIVE 1
NOTE: LANDSCAPE SHOWN FOR GRAPHICAL REPRESENTATION ONLY. SEE LANDSCAPE DRAWINGS FOR MORE INFO. 699
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5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
297.094
11-14-2025
JOB NO.

DATE
A.33
DAHLIN GROUP ARCHITECTURE | PLANNING | INTERIORS
20111 & 20085 STEVENS CREEK BLVD

CUPERTINO, CA I DIVIDEND HOMES
WWW.DAHLINGROUP.COM

STEVENS CREEK BOULEVARD
STREET PERSPECTIVE 2
NOTE: LANDSCAPE SHOWN FOR GRAPHICAL REPRESENTATION ONLY. SEE LANDSCAPE DRAWINGS FOR MORE INFO. 700
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UPUPUPUP

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PAC
LS

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CC
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LIT
CC CC
LIT
CN
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CN
CN
AM
AM
AM
CN
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LEP
LEP

LEP LEP LEP LEP
LEP
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PCH PCH PCH PCH PCH PCH PCH
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LIT LIT
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PRELIMINARY SITE PLAN
C3.0

MATCH LINE, SEE ABOVE

MATCH LINE, SEE BELOW
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Memorandum
To: Gian Martire, Senior Planner
From: Economic & Planning Systems, Inc. (EPS)
Subject: Fiscal Impact Peer Review for Cupertino Dividend Homes EPS #251059
Date: December 17, 2025
This memorandum provides a third-party peer review of a fiscal impact analysis concerning the proposed residential projects on two adjacent sites at 20045 & 20065 and 20085 & 20111 Stevens Creek Boulevard (“Project”) from Dividend Homes (“Developer” or “Applicant”). The goal of the review is to evaluate the assumptions, findings, and methodology of a report (“Report”) prepared by Keyser Marston Associates (“KMA”) for the Applicant.1 The City of Cupertino (City) engaged Economic & Planning Systems, Inc. (EPS) to conduct this peer review.

The KMA fiscal impact analysis estimates the effect of a proposed residential development on the City of Cupertino’s General Fund budget, accounting for both new tax revenues and incremental public service costs. The analysis provides an estimate of ongoing net fiscal impact at project stabilization, once the project is fully built and occupied. All fiscal impact estimates cited are in constant dollars.

For this peer review, EPS prepared an independent fiscal impact analysis to evaluate KMA’s results, and to test assumptions related to the Project and analytical baseline (i.e., existing office uses). EPS compares its analysis results to KMA’s reported results. This memorandum describes key affirmations or differences in assumptions, methodology, and findings. The Appendix to this memorandum contains a table set that details the EPS fiscal analysis. 1 The original report is titled “Fiscal Impacts of the Proposed Dividend Homes Redevelopment Project to the City of Cupertino” (“Report”), dated December 12, 2024.
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Fiscal Impact Peer Review for Cupertino Dividend Homes

Page 2 ends

Cupertino City CouncilJanuary 21, 2026

Cupertino City Council
January 21, 2026