1 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com AB 130 QUALIFICATION MEMORANDUM
Date February 18, 2026
To Emi Sugiyama, Senior Planner ([email protected])
Community Development, City of Cupertino
10300 Torre Avenue, Cupertino, CA 95014
From Nick Towstopiat, Project Manager
Kristy Weis, Vice President & Principal Project Manager Subject 10857 Linda Vista Drive Residential Project – AB 130 Qualification I. Background and Purpose
Assembly Bill (AB) 130 exempts qualifying housing projects from the provisions of the California Environmental Quality Act (CEQA). AB 130 became effective on June 30, 2025 and is codified in Public Resources Code (PRC) Section 21080.66. The purpose of this memorandum is to provide substantial evidence documenting whether the proposed project meets the conditions and requirements for a statutory exemption pursuant to AB 130/PRC Section 21080.66.
II. Project Location
The approximately 2.51-net acre project site is an infill site comprised of four parcels located at 10857, 10867, 10877, and 10887 Linda Vista Drive (Assessor’s Parcel Numbers [APNs] 356-06-001, 356-06-002, 356-06-003, and 356-06-004) in an urbanized area in the city of Cupertino. The city of Cupertino is 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, south of the city of Sunnyvale, and west of the city of San José. Regional access to the project site is provided by H
ighway 85 to the east and Stevens Creek Boulevard to the north.
T
he site currently contains four single-family residences, vacant/undeveloped areas, and four unpaved gravel driveways. Adjacent land uses include recreational uses to the north and west (i.e., Stevens Creek Trail, a golf course, and Cupertino Hills Swim and Racquet Club), and single-family residential uses to the east and south. Additional single-family residential uses are present north of the project site, adjacent to the recreational facilities. A vicinity map with the project site’s location is shown on Figure 1. An aerial photograph of the project site and surrounding land uses is shown on Figure 2.
Deep Cliff
Golf Course
Monta Vista
High School
John F. Kennedy
Middle School
Linda Vista DriveBaxley Court
Hyannisport Drive
Rae Lane
McClellan
Road
Linda Vista Drive
Presidio Drive
Fort Baker Drive
Columbus Avenue
Columbus Avenue
ShaƩuck Drive
Rucker Drive
Dryden Avenue
Santa Teresa Dr
ive
W
ilkinson Aven
ue
La Paloma Dri ve
Castleton Street
Rosario Avenue
Riverside Drive
Deep Cliff Dr
ive
Stev
ens Creek
Linda Vista DriveBaxley Court
Hyannisport Drive
Rae Lane
McClellanRoad
Linda Vista Drive
Presidio Drive
Fort Baker Drive
Columbus Avenue
Columbus Avenue
ShaƩuck Drive
Rucker Drive
Dr
yden Avenue
Santa
Teres
aDri
ve
Wi
lkinsonAven
ue
LaPaloma Dri ve
Castleton Street
Rosario Avenue
Riverside Drive
Dee
pCliffDr
ive
Stev
en
sCreek
Project Boundary
Base Map: Esri, ArcGIS
0 50 300 400 600 Feet
VICINITY MAP FIGURE 1
2 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com ResidenƟal
ResidenƟal
ResidenƟal
CuperƟno Hills
Swim & Racquet
Deep Cliff
Golf Course
Stevens Creek Trail
Stevens Creek Trail
Baxley Court
Evulich Court
Evulich Court
Linda Vista Drive Dryden Avenue
ShaƩuck DriveStevensCreekTrail
StevensCreekTrail
Baxley Court
Evulich Court
Evulich Court
Linda Vista Drive Dryden Avenue
ShaƩuck Drive
Photo Date: Apr . 2024
0 25 100 150 200 Feet
Project Boundary
Aerial Source: Google Earth Pro, Jun. 2, 2025.
AERIAL PHOTOGRAPH AND SURROUNDING LAND USES FIGURE 2
3 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com 4 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com III. Project Description
The project site is designated as Priority Housing Sites 29 through 32 in city of Cupertino’s 6th Cycle Housing Element Update. In May 2024, the site was rezoned from R1-7.5 to R3/TH. The applicant submitted a preliminary application under the Housing Crisis Act of 2019 (SB 330) on October 9, 2024, vesting the development standards in effect at that time and limiting the application of new, non-objective design standards. Accordingly, the project is subject to the regulations in place when the preliminary application was submitted.
T
he proposed project includes the demolition of the existing improvements on-site and construction of a residential development that would include 51 townhouse units across 10, three- story buildings. The project would result in the provision of 10 townhouse units with deed- restrictions at median and moderate levels of income affordability. In addition, the project would result in the completion of the planned improvements to pave the remaining portion of a public street (Evulich Court) in the center of the site that would provide access via five shared driveways leading to the individual townhouse units. The applicant proposes to subdivide the property as condominium units with shared interest in the common areas. To accommodate the proposed project, the applicant would utilizing waivers and incentives allowed under the State Density Bonus law to waive requirements of the General Plan and zoning designations to: increase the maximum height of the buildings, increase the maximum floor area ratio (FAR), reduce the street-side side- yard setback requirement, reduce the minimum size requirements for private outdoor space, and reduce the minimum parking space size. The primary project components are described below.
Primary Project Components
Residential Development
The project proposal includes 51 townhouse condominium units that would be split between 10 residential buildings (Buildings 1 through 10). Each building would be three stories and reach a maximum height of approximately 38 feet above the proposed grade on-site (or approximately 41 feet above the existing grade on-site) and have a floor area ratio (FAR) of 1.36. The ground floor of each unit would contain a private, two-car garage.
R
esidential Amenities
The project includes an average of approximately 200 square feet of private usable open space per unit. In addition, the project includes approximately 30,782 square feet of common landscaped area, not including landscaped areas within required setbacks, throughout the site, comprising of landscaped areas in front of each unit and around the perimeter of the site. This common landscaped area also contains two paseos - one between Buildings 3 and 4 and another between Buildings 8 and 9 – with seating and gathering areas. These paseos would be reserved for residents and their guests and would be accessible via pedestrian connections from Evulich Court. 5 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Site Access and Parking
The project would result in the removal of all the existing driveways and driveway curb cuts. The project proposes the extension of the paved portion of Evulich Court through the center of the site, which is an area currently dedicated to the city of Cupertino for a public street. Five private driveways would connect to Evulich Court and provide direct access to the private garages on the ground floor of each unit. The private driveways would be 22 feet wide. Evulich Court would have a width of 20 feet adjacent to the intersection with Linda Vista Drive and would expand to a width of 36 feet near the intersections with the private driveways in the interior of the site. The wider portion of the extended segment of Evulich Court would include space for 10 on-street parking stalls. Evulich Court, the public street, would end in a cul-de-sac on the western portion of the site; however, fire trucks and other large vehicles would be able to use the westernmost private driveway to turn around.
T
he project would include a total of 102 on-site parking spaces, all of which would be located in the private garages of each unit. The private garages would also provide long-term bicycle storage spaces for each unit. The project would also include 12 short-term bicycle parking spaces on racks adjacent to the paseo entrances on Evulich Court. Pedestrian access to the project site would continue to be provided via sidewalks (which would be reconstructed as part of the project, as described below) on Linda Vista Drive. In addition, the project would include the construction of new sidewalks on the extended, paved segment of Evulich Court that would connect to the on-site pedestrian walkways leading to each of the units.
U
tility and Right-of-Way Improvements
The proposed project includes the construction of lateral connections from the new buildings to the two new eight-inch water sanitary sewer lines that would be installed in the extended segment of Evulich Court. These new lines would connect with the existing eight-inch water main and eight-inch sanitary sewer main in Linda Vista Drive. The project would also include the construction of an approximately 160-foot extension from the existing 12-inch storm drain main line in Linda Vista Drive to the south allowing for two new lateral connections from the proposed buildings to be made. The project would include the installation of a new fire hydrant on Linda Vista Drive adjacent to the project frontage north of Evulich Court and two new fire hydrants on Evulich Court.
T
he project would include the demolition and reconstruction of portions of the existing sidewalk on Linda Vista Drive along the site frontage. The project would also include the replacement of an existing streetlight on Linda Vista Drive adjacent to the frontage of the site, south of Evulich Court, retrofit of an existing streetlight on Linda Vista Drive across from the frontage of the site, north of Evulich Court, and installation of two new streetlights on Evulich Court. The project would include the dedication of the portion of the site containing the extended segment of Linda Vista Drive to the city of Cupertino. A conceptual site plan is shown on Figure 3 and the proposed utility improvements are shown below on Figure 4 below.
Source: SDG Architects, Inc., January 12, 2026.
0 20 40 60 Feet
CONCEPTUAL SITE PLAN FIGURE 3
6 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com ! 0 10 20 40 60 Feet
UTILITY PLAN FIGURE 4
7 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com
8 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Landscaping
There are 36 trees on-site, including nine protected trees as defined in Section 14.18.050 of the CMC, and six off-site trees with canopies that hang over the site (five of which are considered protected trees).1 The project proposal includes the removal of 35 trees on-site (including nine protected trees) and planting of 50 on-site replacement trees. No off-site trees would be affected by the project. In addition to the replacement trees, the project would include other landscaping, including shrubs and groundcover. The landscaping would incorporate low to moderate water use plants and California native species.
Stormwater Treatment
The proposed project would result in an increase of impervious area by 66,994 square feet (or 61 percent) compared to existing conditions. To control the amount of stormwater runoff from the site, the project would include approximately 4,900 square feet of bioretention facilities throughout the site where stormwater would be directed.
Green Building and Energy Efficiency Measures
The project would be built in accordance with the California Green Building Standards Code (CALGreen) requirements. The project would incorporate green building features, including drought-tolerant landscaping, water-efficient fixtures, electric vehicle charging infrastructure, and high-efficiency appliances. The project would be all-electric.
Construction
Project construction activities would include demolition, site preparation, grading and excavation, building construction, architectural coatings, and paving. The total duration of construction on-site would be approximately 39 months; however, there could be overlap in the construction of site improvements (e.g., utility trenching and street improvements) and the proposed buildings which would result in a shorter overall timeline. The project would require excavation at a maximum depth of 10 feet below the ground surface for utility trenching. Construction would require up to 2,500 cubic yards of soil to be exported from the site. Construction materials would be staged on- site.
1 Section 14.18.050 of the CMC defines protected trees as, A) Heritage trees in all zoning districts; B) All mature specimen trees of the following species on private property: 1.Quercus (native oak tree species), including: 1a.
Quercus agrifolia (Coast Live Oak), 1b. Quercus lobata (Valley Oak), 1c. Quercus kelloggii (Black Oak), 1d. Quercus douglasii (Blue Oak), 1e. Quercus wislizeni (Interior Live Oak); 2. Aesculus californica (California Buckeye); 3. Acer macrophyllum (Big Leaf Maple); 4. Cedrus deodara (Deodar Cedar); 5. Cedrus atlantica 'Glauca' (Blue Atlas Cedar);
6. Umbellularia californica (Bay Laurel or California Bay); and 7. Platanus racemosa (Western Sycamore).; C) Approved development trees(s); and D) Approved privacy protection planting in R-1 zoning districts.
9 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com IV. AB 130 Qualification
AB 130 includes specific conditions and requirements that must be met for a project to be exempt from CEQA. The project’s conformance with each of the eligibility conditions for housing projects under AB 130 are discussed in detail in Table 1 below. The project’s conformance with each requirement under AB 130 are discussed in detail in Table 2 below.
Table 1: Project Qualification with AB 130 Conditions
Statutory Exemption Condition
Does the Project
Meet this Condition? Analysis
Yes No N/A
1. The project meets the
definition of a “housing
development project”
pursuant to Government
Code Sections 65905.5(b)
and 65589.5(h)(2). [PRC
Section 21080.66(a)]
The project meets the definition of a “housing
development project” pursuant to Government Code
Sections 65905.5(b) and 65589.5(h)(2) as it contains
residential units only.
As noted in Section III. Project Description, the
project consists of the construction of 51 residential
units. Therefore, the project is consistent with this
condition.
2. The project is within the
appropriate maximum lot
size. [PRC Section 21080.66
(a) (1)]
As noted in Section III. Project Description, the
project site is 2.51 acres in size, which is less than the 20-acre maximum lot size condition. Therefore, the
project is consistent with this condition.
3. The project is located in an
incorporated municipality
or urban area. [PRC Section
21080.66 (a) (2)]
The project site is located within the limits of the city of Cupertino, an incorporated municipality.
Therefore, the project is consistent with this section.
4. The project site meets any
of the following criteria for
previous development on-
and surrounding the site:
▪ 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;
or
The site currently contains four single-family
residences and an unpaved gravel driveway.
Adjacent land uses include recreational uses to the
north and west, and single-family residential uses to
the east and south. In addition, surrounding land
uses within one-quarter mile of the site are
developed with urban uses. For the reasons
described above, the project meets this condition.
10 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Statutory Exemption Condition
Does the Project
Meet this Condition? Analysis
Yes No N/A
▪ 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) [PRC Section
21080.66 (a) (3)]
5. The project is consistent
with the existing General
Plan or Zoning for the site,
and any applicable local
coastal program. [PRC
Section 21080.66 (a) (4)]
The project site has a General Plan land use
designation for the site is Residential – Medium/High
Density and a zoning designation of Multi-Family
Residential/Townhome (R3/TH). The TH combining
district allows for construction of townhomes on-
site, and the required residential density for the
site’s land use designation is between 20.01 to 35
units per acre. The project would result in a
development density of approximately 20.3 dwelling
units per acre, which is consistent with this
requirement and the density requirements
established for this designation in the General Plan.
The project is consistent with the objective design
requirements in the CMC, except that it would utilize
five waivers allowed under the State Density Bonus
law to: increase the maximum height of the
buildings, increase the maximum FAR, reduce the
street-side side-yard setback requirement, reduce
the minimum size requirements for private outdoor
space, and reduce the minimum parking space size.
These waivers and incentives are allowed by law;
therefore, the project would be consistent with the
existing General Plan and Zoning for the site.
The project site is inland and not subject to a local
coastal program.
For the reasons discussed above, the project meets
this condition.
6. The project includes at
least 15 dwelling units per
acre. [PRC Section
21080.66 (a) (5)]
The project site is in a metropolitan county (i.e.,
Santa Clara County). As discussed in Section III.
Project Description, the project would result in a
11 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Statutory Exemption Condition
Does the Project
Meet this Condition? Analysis
Yes No N/A
density of approximately 20.3 dwelling units per
acre. Therefore, the project meets this condition.
7. The project is not located
on a site that is any of the
following: an area of the
coastal zone; either prime
farmland or farmland of
statewide importance;
wetlands; within a Very
High Fire Hazard Severity
Zone; a hazardous waste
site included on the
Cortese list; within a
delineated earthquake
fault zone; within a special
flood hazard area; within a
regulatory floodway; lands
identified for conservation;
habitat for protected
species; or lands under a
conservation easement.
[PRC Section 21080.66 (a)
(6)]
The project site is located at 10857, 10867, 10877,
and 10887 Linda Vista Drive in Cupertino,
approximately 19 miles from the Pacific Ocean and
8.5 miles from the San Francisco Bay. The proposed
development would not be located in a coastal zone
or subject to a certified local coastal program.
The site is currently developed with a residential use
and is not designated as Prime Farmland or Farmland
of Statewide Importance.
2 There are no wetlands on-
site.3
The California Department of Forestry and Fire
Protection (CAL FIRE) is responsible for designating
fire hazard severity zones in State Responsibility
Areas and recommending designations for Local
Responsibility Areas. Most of the project site is
located within a Very High Fire Hazard Severity Zone,
except for the northeast corner of the site which is in a High Fire Hazard Severity Zone.
4 Per PRC Section 21080.66 (a) (6), the project must
satisfy the requirements specified in paragraph (6) of
subdivision (a) of Section 65913.4 of the
Government Code. A project can be located within a
Very High Fire Hazard Severity Zone if it adopts fire
hazard mitigation measures pursuant to existing
building standards or state fire mitigation measures
applicable to the development.
The project would implement various strategies and
measures to reduce potential risks associated with
wildfire, including:
• Designing the project to comply with
Chapter 7A of the California Building Code,
2 California Department of Conservation. Santa Clara County Important Farmland 2022. Accessed December 9, 2025.
3 United States Fish and Wildlife Service. National Wetland Inventory. Accessed December 9, 2025. https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/ 4 CAL FIRE. Santa Clara County State Responsibility Area Fire Hazard Severity Zones. February 24, 2025.
12 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Statutory Exemption Condition
Does the Project
Meet this Condition? Analysis
Yes No N/A
• Installing non-combustible landscaping
material around the perimeter of the site,
• Installing fire sprinklers in each covered
porch and deck area within 30 feet of the
property line, and
• Utilizing exterior building materials with
enhanced fire resistance ratings within 30
feet of the property line.
To accommodate the design of the project, the
project received approval of alternative means or
methods from the Santa Clara County Fire
Department to reduce the typically required 30-foot
setback from adjacent buildings. The Santa Clara
County Fire Department accepted this request after
considering the location of the site and the design
measures proposed by the project to reduce
potential wildfire risk.5 Based on a review of the
project plans and proposed design features, the
Santa Clara County Fire Department has determined
that appropriate fire hazard mitigation measures
have been incorporated by the project.
The site is not: identified as a hazardous site on the
Cortese list;6, 7, 8, 9 or located within an earthquake fault zone,10 special flood hazard area,11 or
regulatory floodway.12 The project site is not
identified for conservation or under a conservation
easement. The Santa Clara Valley Habitat Plan
boundaries cover a small portion of Cupertino;
5 Santa Clara County Fire Department. Fire Prevention Plan Review Comments. January 27, 2026. 6 California Department of Toxic Substances Control. “EnviroStor Database.” Accessed December 9, 2025. https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=10857+linda+vista+drive 7 State Water Board. “Geotracker.” Accessed December 9, 2025. https://geotracker.waterboards.ca.gov/map/?myaddress=California&from=header&cqid=7253385245 8 State Water Board. “List of solid waste disposal sites identified by Water Board with waste constituents above hazardous waste levels outside the waste management unit.” Accessed December 9, 2025. https://calepa.ca.gov/wp-content/uploads/2016/10/SiteCleanup-CorteseList-CurrentList.pdf 9 State Water Board. List of “active” CDO and CAO from Waterboard. Accessed December 9, 2025. https://calepa.ca.gov/wp-content/uploads/2016/10/SiteCleanup-CorteseList-CDOCAOList.xlsx 10 California Department of Conservation. “Earthquake Zones of Required Investigation.” Accessed December 10, 2025. https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/ 11 Federal Emergency Management Agency. Flood Insurance Rate Map: Number 06085C0216H. May 18, 2009. 12 Ibid.
13 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Statutory Exemption Condition
Does the Project
Meet this Condition? Analysis
Yes No N/A
however, the project site is approximately 1.4 miles
west of the boundaries of the plan and is not
covered by the requirements of the Santa Clara
Valley Habitat Plan.13 The site is partially developed
with urban uses and does not contain any sensitive
habitat (such as wetlands) that would be habitat for
protected species. In addition, a Technical Biological
Report was prepared for the project site which
concluded that there was no habitat for special
status plant species on-site and that the project
would not result in the loss of habitat for special
status animal species.
14 8. If demolition is required,
the project only involves
demolition of structure(s)
not placed on a national,
state, or local historic
register. [PRC Section
21080.66 (a) (7)]
The project site, including the existing building on-
site, are not listed in the National Register of Historic Places,
15 California Register of Historic Properties,16
or the current list of Cupertino historically significant resources.17 Therefore, the project meets this
condition.
9. The project excludes
Transient Lodging. [PRC
Section 21080.66 (a) (8)]
No hotel, motel, bed and breakfast inn, or other
transient lodging such as a residential hotel or short- term lodging is proposed on the project site. For
these reasons, the project meets this condition.
13 Santa Clara Valley Habitat Agency. “Santa Clara Valley Habitat Plan Geobrowser v2.0.” Accessed December 10, 2025. https://scvha.maps.arcgis.com/apps/webappviewer/index.html?id=f2268679c2fa49489e3f7d6e8377837e 14 Live Oak Associates, Inc. 10857 Linda Vista Drive Project Technical Biological Report. August 5, 2025. 15 National Parks Service. National Register of Historic Places. Accessed December 10, 2025. 16 California Department of Parks and Recreation. California Historical Resources. Accessed December 10, 2025. 17 City of Cupertino. General Plan Amendment, Housing Element Update, and Associated Rezoning EIR. Table 4.4-2, Cultural Resources in the Project Study Area and Vicinity. 2015.
14 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Table 2: Project Conformance with AB 130 Requirements
Statutory Exemption
Requirement
Does the Project Meet
this Condition? Analysis
Yes No N/A
1. Tribal Consultation has
been completed. [PRC
Section 21080.66 (b)]
Sacred Lands File Search
A request for a Sacred Lands File (SLF) search was
submitted to the Native American Heritage
Commission (NAHC) on December 3, 2025. The
results of the SLF search shared by the NAHC on
December 10, 2025, were negative.
Native American Tribal Consultation
The proposed project was deemed complete on
March 19, 2025 and the applicant requested to
process a statutory exemption under AB 130 on
September 12, 2025. On September 25, 2025, the
city of Cupertino notified the 25 tribal contacts
traditionally or culturally affiliated with the project area about the proposed project via certified mail
and/or email. The Muwekma Ohlone Tribe of the
San Francisco Bay Area responded with a request
to consult on the project; however, no formal
consultation meeting with the tribe transpired
after repeated outreach attempts by the city of
Cupertino. A response was also received from
representatives of Tamien Nation to initiate the
formal consultation process. A meeting was held
on December 3, 2025 between city of Cupertino
staff and representatives of Tamien Nation to
discuss the project, potential sensitivity of the
area, and measures that would reduce potential
impacts to cultural and tribal cultural resources, if
present on-site. The tribal consultation period
concluded on January 6, 2026 without mutual
agreement for alternative conditions having been
reached. Subsequent to that date, Tamien Nation
provided alternative conditions, but did not
confirm that those conditions were specific to this
project. On February 13, 2026, the city of
Cupertino provided a final notice to Tamien Nation
that the project would be subject to the standard
conditions described below.
As no agreement on alternative conditions was
reached through consultation with Tamien Nation,
the city of Cupertino will require implementation
15 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Statutory Exemption
Requirement
Does the Project Meet
this Condition? Analysis
Yes No N/A
of the binding conditions of approval outlined in
PRC Section 21080.66 (b) (4) and the permit
conditions outlined in Chapter 17.04 of the
Cupertino Municipal Code regarding
archaeological educational materials that must be
distributed to contractors and construction crews
prior to initiation of ground disturbing activities.
Therefore, the project meets this condition.
2. A Phase I Environmental
Assessment has been
prepared for the project
or required as a condition
of approval. [PRC Section
21080.66 (c)]
A Phase I Environmental Site Assessment (Phase I
ESA)
18 and Limited Phase II Subsurface
Investigation Report (Phase II)19 were completed
for the proposed project on January 10, 2024 and
October 18, 2023, respectively. The Phase I ESA
identified one Recognized Environmental
Condition (REC), which was the presence of
multiple Underground Storage Tanks (USTs) on-
site. In addition, one Other Environmental Concern
(OEC) was identified regarding the site’s historic
use for agricultural activities which could have
resulted in the remnants of organochlorine
pesticides (OCPs), lead, and arsenic in the shallow
soil on-site.
The Phase II prepared for the project determined
that arsenic and lead were not detected above the
known background level concentrations or
applicable environmental screening limits (ESLs).
Therefore, arsenic and lead concentrations in the
soil on-site were not determined to be a significant
concern. In addition, OCPs were either not
detected above laboratory limits or were detected
below the Residential Direct Exposure ESLs. The
Phase II also sampled the soils for potential
contaminants that would have indicated a past
release from the USTs on-site; however, the Phase
II concluded that there were no signs of a
significant release from the USTs that were
previously utilized on-site.
18 AEI Consultants. Phase I Environmental Site Assessment, 10857, 10867, 10877 and 10887 Linda Vista Drive.
January 10, 2024.
19 AEI Consultants. Limited Phase II Subsurface Investigation Report, 10857, 10867, 10877 and 10887 Linda Vista Drive. October 18, 2023.
16 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Statutory Exemption
Requirement
Does the Project Meet
this Condition? Analysis
Yes No N/A
A peer review of the Phase I ESA and Phase II was
completed on May 30, 2025.20 The peer review
confirmed the applied methodologies in the
reports were appropriate and recommended the
following measures:
1) Documented removal of the two USTs should
be conducted. The formerly abandoned-in-
place USTs should be removed and properly
disposed of, and the surrounding soils should
be assessed through sampling and analytical
testing.
2) A Soil Management Plan should be developed
to establish response measures for addressing
unknown subsurface conditions encountered
during construction.
Following the conclusion of the Phase I and Phase
II ESAs, the property owner obtained clearances
and permits to remove the two USTs in 2025,
thereby addressing recommendation 1. Based on
the soil sampling conducted after removal of the
USTs were completed, no evidence of prior
petroleum release on-site was found. Therefore,
preparation of the Soil Management Plan as noted
in recommendation 2 would not be necessary.
As a Condition of Approval, if any unanticipated
structure or evidence of contamination is
discovered during construction activities on-site,
the project shall halt work in the area of the
discovery and a qualified professional shall
prepare a Soil Management Plan. The Soil
Management Plan (if required) shall be reviewed
and approved by the city of Cupertino’s third-party
consultant. This would ensure that any potential
contaminants of concern in the soil on-site, if
present, are handled appropriately and risks to
construction workers, future residents on-site, and
the environment are reduced to a less than
significant level and being mitigated to levels
required by current federal and state statutory and
20 Farallon Consulting. Third Party Review – 10857 10867, 10877 and 10887 Linda Vista Drive. May 30, 2025.
17 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Statutory Exemption
Requirement
Does the Project Meet
this Condition? Analysis
Yes No N/A
regulatory standards. For these reasons, the
project meets this condition.
3. The project site is located
more than 500 feet from
a freeway or, if the
project is located within
500 feet of a freeway, the
project includes the
required design
measures. [PRC Section
21080.66 (c) (2)]
The nearest freeway to the project site is State
Route 85, which is located approximately 0.8 miles
(or over 4,200 feet) east of the project site.
Therefore, this requirement is not applicable to
the project.
4. The project does not
contain 100 percent
affordable units or, if the
project contains 100
percent affordable units
or is over 85 feet in
height above grade, the
project will comply with
prevailing wage
requirements. [PRC
Section 21080.66 (d) (1)]
As noted in Section III. Project Description, the
proposed project would include 51 residential
units, 10 (or approximately 20 percent) of which
would be affordable units, with a maximum height
of 38 feet. Therefore, the requirements of this
section do not apply.
V. Conclusion
As documented in Section IV. AB 130 Qualification, with the identified conditions of approval, the project qualifies for a statutorily exemption pursuant to AB 130. Accordingly, this document finds that a Notice of Exemption is appropriate for the proposed project pursuant to CEQA Guidelines Section 15062.