CC 04-01-2026 Searchable Packet.pdf — Cupertino City Council, April 1, 2026 (part 9 of 9)

2248
CC 04-01-2026 Searchable Packet
2248 of 2331
City Council Agenda March 3, 2026
[email protected] as follows:
a. E-mail comments must be received by 4:00 p.m. on the day of the meeting in order to be forwarded to the City Council before the meeting.
b. Emailed comments received following agenda publication but prior to, or during, the meeting, will be posted to the City’s website after the meeting. c. These e-mail comments will also be received by each City Councilmember, the City Manager, and the City Clerk’s Office. Comments on non-agenda items sent to any other email address will be included upon the sender's request.

B. Regular mail or hand delivered addressed to the: City Council, City Hall, 10300 Torre Avenue, Cupertino, CA 95014
3) Open Session Teleconference in one of the following ways:

A. Online via Zoom on an electronic device (Audio and Video): Speakers must register in advance by clicking on the link below to access the meeting:
https://cityofcupertino.zoom.us/webinar/register/WN_2vS2KuxbRdKBHwUPA0qDNw a) Registrants will receive a confirmation email containing information about joining the webinar.
b) Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak.
c) Please read the following instructions about technical compatibility carefully: One can directly download the teleconference (Zoom) software or connect to the meeting in their internet browser. If a browser is used, make sure the most current and up-to-date browser, such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+.

Certain functionality may be disabled in older browsers, including Internet Explorer.

B. By Phone (Audio only): No registration is required in advance and speakers may join the meeting as follows:
a) Dial 669-900-6833 and enter WEBINAR ID: 884 0254 3757 b) To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 c) Speakers will be recognized to speak by the last four digits of their phone number.

C. Via an H.323/SIP room system:

Join from an H.323/SIP room system:

H.323:
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 884 0254 3757
SIP: [email protected]
D. Online via the teleconferencing device (Audio and Video) being used to provide access

Page 3 ends

2249
CC 04-01-2026 Searchable Packet
2249 of 2331
City Council Agenda March 3, 2026
to the meeting from a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda. a) Speakers are required to notify the City Clerk via email to [email protected] prior to noon on the date of the meeting during which they plan to participate and comment from the remote location noticed to ensure the City Clerk is prepared to accept their comment. b) If the teleconferencing device malfunctions impeding access to the meeting from the remote location, the speaker may alternatively participate via the other options for remote participation provided above.

NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, March 3, 2026, commencing at 5:30 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): Boca Raton Resort, Hotel Lobby, 501 E Camino Real, Boca Raton, FL 33432. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting."

SPECIAL MEETING
ROLL CALL - 5:30 PM
10350 Torre Avenue and via Teleconference; and Teleconference Location Pursuant to Gov.

Code 54953(b)(2): Boca Raton Resort, Hotel Lobby, 501 E Camino Real, Boca Raton, FL 33432

ACTION CALENDAR

1. Subject: Parkland Ballot Measure - Mapping, Zoning, Legal Review, and Election Considerations (Continued on February 19, 2026).

Recommended Action: Receive the report and provide direction to staff on whether to pursue development of a parkland rezoning ballot measure for consideration at the November 2026 election.

Staff Report (02-19-2026)

STUDY SESSION

2. Subject: Study Session on options to comply with state law related to No Net Loss (SB166) due to the lack of adequate capacity to accommodate the City’s moderate and lower-income Regional Housing Needs Allocation (RHNA).

Recommended Action: Receive staff’s presentation and provide direction on housing site selection strategies to address the lack of adequate capacity to accommodate the City’s moderate and lower-income Regional Housing Needs Allocation (RHNA) as required by state law.

Page 4 ends

2250
CC 04-01-2026 Searchable Packet
2250 of 2331
City Council Agenda March 3, 2026
Staff Report
A – City Council Informational Memo re: No Net Loss dated January 30, 2026

ADJOURNMENT

REGULAR MEETING
CALL TO ORDER - 6:45 PM
10350 Torre Avenue and via Teleconference; and Teleconference Location Pursuant to Gov.

Code 54953(b)(2): Boca Raton Resort, Hotel Lobby, 501 E Camino Real, Boca Raton, FL 33432

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

CEREMONIAL ITEMS

1. Subject: Recognition of March as American Red Cross Month.

Recommended Action: Present proclamation recognizing March as American Red Cross Month.

A - Proclamation

2. Subject: Recognition of March as Youth Art Month.

Recommended Action: Present Proclamation recognizing March as Youth Art Month.

A - Proclamation

POSTPONEMENTS AND ORDERS OF THE DAY

3. Subject: An update on the development of the Active Transportation Plan, including a summary of Phase 2, explanations of plan edits, revised scoring criteria, and next steps. (Continued on February 19, 2026)
Recommended Action: Continue this item to a future meeting date.

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. Oral Communications shall be limited to 30 minutes. Additional speakers wishing to comment on non-agenda items may be given time to speak at the end of the agenda, after the City Manager's report. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly

Page 5 ends

2251
CC 04-01-2026 Searchable Packet
2251 of 2331
City Council Agenda March 3, 2026
respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.

CONSENT CALENDAR (Items 4-6)
Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.

4. Subject: Approval of February 19, 2026 City Council meeting minutes.

Recommended Action: Approve the February 19, 2026 City Council meeting minutes.

A - Draft Minutes

5. Subject: Receive the Monthly Treasurer's Report for January 2026.

Recommended Action: Receive the Monthly Treasurer's Report for January 2026.

Staff Report
A – Report of City-wide Receipts, Disbursements, and Cash Balances January 2026 B – Report of City-wide Fund BalancesNet Position January 2026

6. Subject: Receive the Monthly Treasurer's Investment Report for January 2026.

Recommended Action: Receive the Monthly Treasurer's Investment Report for January 2026.

Staff Report
A - Chandler Investment Report Jan 2026

PUBLIC HEARINGS
Government Code Section 65103.5 limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under Govt. Code Section 65103.5 may make an appointment with the Planning Division to view them at City Hall by sending an email to [email protected]. Plans will also be made available digitally during the hearing to consider the proposal.

7. Subject: Public hearing on the abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 25-101.

Recommended Action: Conduct a public hearing for impacted property owners to contest the matter of proposed abatement and adopt the Resolution No. 26-023 ordering abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 25-101.

Page 6 ends

2252
CC 04-01-2026 Searchable Packet
2252 of 2331
City Council Agenda March 3, 2026
Staff Report
A - Draft Resolution and Exhibit A
B - 2026 Cupertino Commencement Report (Exhibit A)
C – County Letter to Property Owners to Abate Weeds
D – County Hearing Notice to Destroy Weeds and Program Fees E – Minimum Fire Safety Standards Program Brochure
F – Return Reply Form (RRF) Sample
G - City Letter to Property Owners
H - Approved Resolution No. 25-101

8. Subject: Conduct a Noticed Public Hearing to Consider Adopting a Resolution Vacating a Portion of Public Right-of-Way Located Along the Westerly boundary of Mary Avenue (APN 326-27-053).

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

2. Adopt Resolution No. 26-024 approving the vacation of a portion of public right-of-way located along the westerly boundary of Mary Ave (APN 326-27-053).

Staff Report
A - Map of Parcel To Be Vacated
B - Draft Resolution

ACTION CALENDAR

9. Subject: Consider Adopting a Resolution Declaring the Mary Avenue property (APN 326-27-053) Exempt Surplus Land under the California Surplus Land Act.

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

2. Adopt Resolution No. 26-025 declaring the Mary Avenue property (APN 326-37- 053) to be exempt surplus land pursuant to the provision of the Surplus Land Act codified at California Government Code subsection 54221(f)(1)(F)(i).

Staff Report
A - Map of Parcel 1
B - Draft Resolution

10. Subject: Acceptance of City Manager’s Mid-Year Financial Report for Fiscal Year 2025-26; Approval of Budget Modification increasing appropriations by $663,616 and revenues by $149,578.

Recommended Action: 1. Accept the City Manager’s Mid-Year Financial Report for Fiscal Year 2025-26.

2. Adopt Resolution No. 26-026 approving Budget Modification No. 2526-433, increasing appropriations by $663,616 and revenues by $149,578.

Page 7 ends

2253
CC 04-01-2026 Searchable Packet
2253 of 2331
City Council Agenda March 3, 2026
Staff Report
A - FY 2025-26 Mid-Year Financial Report
B – Draft Resolution – Budget Appropriations
C – Description of Carryovers and Adjustments as of December 31, 2025 D – Description of Budget Transfers as of December 31, 2025 E – FY 2025-26 Mid-Year Recommended Adjustments
F – Mid-Year Performance Measures
G – FY 2025-26 Mid-Year Special Projects Update as of December 31, 2025 H - FY 2025-26 Competitive and Non-Competitive Citywide Grants Tracking I – Capital Improvement Program Project Status
J - Draft Resolution – Unrepresented Agreement Update
K – Unrepresented Employees’ Compensation Program (Clean) L – Unrepresented Employees’ Compensation Program (Redline)

11. Subject: Fiscal Year 2026-2027 Capital Improvement Programs and Five-year Plan.

Recommended Action: Receive presentation and approve the Capital Improvement Programs Project Prioritization process and the Fiscal Year 2026-2027 Capital Improvement Programs and Five-Year Plan proposal.

Staff Report
A - CIP projects Prioritization Process
B - FY26-27 CIP projects Prioritization Matrix
C - FY 26-27 CIP New Project Narratives
D - Mid-Year CIP status report
E - Master Plans Project Lists

ITEMS REMOVED FROM THE CONSENT CALENDAR

CITY MANAGER REPORT

12. Subject: City Manager Report
A - City Manager's Report

ORAL COMMUNICATIONS - CONTINUED

COUNCILMEMBER REPORTS

13. Subject: Councilmember Reports
A - Councilmember Report, Fruen
B - Councilmember Report, Mohan
C - Councilmember Report, Moore

FUTURE AGENDA ITEMS
The Upcoming Draft Agenda Items Report is a tentative council meeting agenda calendar that lists upcoming City Council meeting dates and tentative agenda items, all of which are subject to change.

14. Subject: Upcoming Draft Agenda Items Report

Page 8 ends

2254
CC 04-01-2026 Searchable Packet
2254 of 2331
City Council Agenda March 3, 2026
A - Upcoming Draft Agenda Items

ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists.

For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email [email protected]; and website: www.cupertino.org/lobbyist.

The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.

Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site.

IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section

2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made

Page 9 ends

2255
CC 04-01-2026 Searchable Packet
2255 of 2331
City Council Agenda March 3, 2026
publicly available on the City website.

Page 10 ends

2256
CC 04-01-2026 Searchable Packet
2256 of 2331

THE CITY COUNCIL AND STAFF

CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five‐member City Council with the Mayor as the presiding officer. City Council members are elected at‐large to four‐year, overlapping terms. Each November a mayor and a vice‐mayor are selected by the City Council for a one‐ year term.

The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council.

These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission.

Council members also serve on a variety of regional bodies, including:
∙ Association of Bay Area Governments
∙ League of California Cities
∙ Santa Clara County (SCC) Cities Association
∙ SCC Emergency Preparedness Council
∙ SCC Library District
∙ SCC Emergency Preparedness Commission
∙ Santa Clara Valley Water Commission and Water District ∙ SCC Transportation Authoritym
∙ West Valley Mayors and Managers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole.

TYPES OF COUNCIL ACTIONS

ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a “first reading." At a subsequent Council meeting, there will be a “second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.

RESOLUTIONS
Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted.

APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision.

RECONSIDERATION
Prior to seeking judicial review of any adjudicatory (quasi‐judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision.

Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.
2257
CC 04-01-2026 Searchable Packet
2257 of 2331
COMMUNICATING WITH COUNCIL
(408) 777‐1389
(408) 777‐3192
(408) 777‐1316
(408) 777-1326
(408) 777‐3138
(408) 777‐3139
All Council members:

Kitty Moore
Liang Chao
J.R. Fruen
Sheila Mohan
R "Ray" Wang
Executive Assistant
City Hall
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
www.cupertino.gov (408) 777‐CITY
Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.

NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e‐notification of agendas, elections, and other news on the city website at www.cupertino.gov/notify

TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times:

Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.

Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.

INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings".

News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements.

USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777‐CITY Fire (Emergency) Santa Clara County Fire Dept.  dispatch     911 Fire (Non‐Emergency ) Santa Clara County Fire Dept. (408) 378‐4010 Garbage         Recology South Bay (408) 725‐4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1‐800‐743‐5000 Recreation & Community Quinlan Community Center (408) 777‐3120 Services
Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non‐Emergency) Santa Clara County Sheriff (408) 868‐6600 Public Health          Santa Clara County Public Health (408) 732‐3720 Sanitary Sewers        Cupertino Sanitary District         (408) 253‐7071 Water San Jose Water        (408) 279‐7900
California Water        (650) 917‐0152
2258
CC 04-01-2026 Searchable Packet
2258 of 2331
CC 3-3-2026
9 Mary Avenue property
Exempt Surplus Land
Presentation
2259
CC 04-01-2026 Searchable Packet
2259 of 2331
Mary Avenue
Surplus Land Act Declaration
March 3, 2026
Cupertino
City Council 2260
CC 04-01-2026 Searchable Packet
2260 of 2331
Subject
Consider Adopting a Resolution Declaring the Mary
Avenue Property Located Along the Westerly Edge of
Mary Avenue (APN 326-27-053) Exempt Surplus Land
under the California Surplus Land Act
Recommended Action
1) Adopt a Resolution declaring the Mary Avenue
property located along the westerly edge of Mary
Avenue (APN 326-27-053) to be exempt surplus land
pursuant to California Government Code Section
54221(f)(1)(F)
Tonight’ s Action
2261
CC 04-01-2026 Searchable Packet
2261 of 2331
Parcel Map & APN Map of Property
2262
CC 04-01-2026 Searchable Packet
2262 of 2331
Aerial of Property
Property
2263
CC 04-01-2026 Searchable Packet
2263 of 2331
FY 21-22 City Work Program initiated Project
2023 Parcel was created
2024 Re-zoned with Housing Element
2/ 3/ 26 Low-income housing project approved by
City Council, contingent upon this
decision, among other actions
Area mostly serves as parking stalls
Underutilized parking except for festivals (9 days/ year) Property Background & Status
2264
CC 04-01-2026 Searchable Packet
2264 of 2331
Proposed Section of Property and Roadway
2265
CC 04-01-2026 Searchable Packet
2265 of 2331
Gov. Code § 54221(b)(1) defines “ Surplus Land” as land owned in fee simple that is not necessary for agency’ s use.

Agency’ s use” includes land used, or planned to be used, for agency work or operations pursuant to a written plan adopted by the governing body (Gov. Code §
54221(b)(2); HCD Guidelines §104). The property is not
currently used for City operations and is not identified in an adopted plan for future City work and operational use
A local agency is not required to find that land is of no public use in order to determine that it is surplus (See Airport Business Center v. City of Santa Rosa, 116
Cal.App.5th 501(2025)
Surplus Land Act Declaration
2266
CC 04-01-2026 Searchable Packet
2266 of 2331
Pursuant to Gov. Code § 65583.2(b)(3), when a publicly owned, nonvacant site is to be included in a Housing Element, the City must describe the existing use, disclose any plans to dispose of the property during the planning period, and explain how it will comply with the Surplus Land Act.

HCD found the City’ s Housing Element in substantial compliance pursuant to Government Code § 65585, which necessarily
includes review of the site’ s suitability and availability for residential development.

Accordingly, Based on (1) the site’ s identification for an affordable housing project, (2) its underutilized parking condition, and (3) the City’s adopted housing policies, the Council may determine that the project site is surplus land under the Surplus Land Act Surplus Land Act Declaration Continued
2267
CC 04-01-2026 Searchable Packet
2267 of 2331
Gov. Code § 54221(f)(1)(F) exempts the disposition of surplus land for a housing development in which:
100% of residential units are restricted to low or moderate income households
At least 75% of units are restricted to lower income
Affordability is secured by a recorded covenant for a
minimum of 55 years
Accordingly, the Council may determine that the project qualifies as exempt surplus land under the Surplus Land Act.

Exemption to Surplus Land Act
2268
CC 04-01-2026 Searchable Packet
2268 of 2331
Subject
Consider Adopting a Resolution Declaring the Mary
Avenue Property Located Along the Westerly Edge of
Mary Avenue (APN 326-27-053) Exempt Surplus Land
under the California Surplus Land Act
Recommended Action
1) Adopt a Resolution declaring the Mary Avenue
property located along the westerly edge of Mary
Avenue (APN 326-27-053) to be exempt surplus land
pursuant to California Government Code Section
54221(f)(1)(F)
Tonight’ s Action
2269
CC 04-01-2026 Searchable Packet
2269 of 2331
CC 3-3-2026
8 Vacating a Portion of
Public Right-of-Way on
Mary Avenue
Presentation
2270
CC 04-01-2026 Searchable Packet
2270 of 2331
Mary Avenue
Right -of-Way Vacation
March 3, 2026
Cupertino
City Council 2271
CC 04-01-2026 Searchable Packet
2271 of 2331
Subject
Conduct a Noticed Public Hearing to Consider
Adopting a Resolution Vacating a Portion of Public
Right-of-Way Located Along the Westerly Edge of
Mary Avenue (APN 326-27-053)
Recommended Action
1) Find the project exempt from the California
Environmental Quality Act (CEQA)
2) Adopt a Resolution approving the vacation of a
portion of public right-of-way located along the
westerly edge of Mary Avenue (APN 326 -27-053)
Tonight’s Action
2272
CC 04-01-2026 Searchable Packet
2272 of 2331
Parcel Map & APN Map of Property
2273
CC 04-01-2026 Searchable Packet
2273 of 2331
Aerial of Property
Property
2274
CC 04-01-2026 Searchable Packet
2274 of 2331
FY 21-22 City Work Program initiated Project
2023 Parcel was created
2024 Re-zoned with Housing Element
2/ 3/ 26 Low-income housing project approved by
City Council
Property currently designated as Right -of-Way
Area mostly serves parking stalls
Underutilized parking except for festivals (9 days/ year) Property Background & Status
2275
CC 04-01-2026 Searchable Packet
2275 of 2331
Proposed Section of Property and Roadway
2276
CC 04-01-2026 Searchable Packet
2276 of 2331
Construction of housing project requires the Vacation
2/ 10/ 26: General Plan Conformity by Planning Commission Intention to Vacate was properly noticed
Utility Companies provided consent for Vacation
Adequate Right-of-Way remains to serve public access
and accommodate traffic
Based on these facts, Council can determine that the Rightof-Way within the Property Limits is Unnecessary for Present or Prospective Public Purposes.

It is in the Public’ s Interest to Proceed to Order Vacation.

Right-of-Way Vacation
2277
CC 04-01-2026 Searchable Packet
2277 of 2331
Subject
Conduct a Noticed Public Hearing to Consider
Adopting a Resolution Vacating a Portion of Public
Right-of-Way Located Along the Westerly Edge of
Mary Avenue (APN 326-27-053)
Recommended Action
1) Find the project exempt from the California
Environmental Quality Act (CEQA)
2) Adopt a Resolution approving the vacation of a
portion of public right-of-way located along the
westerly edge of Mary Avenue (APN 326 -27-053)
Tonight’s Action
2278
CC 04-01-2026 Searchable Packet
2278 of 2331

APPROVED MINUTES

CUPERTINO CITY COUNCIL
Tuesday, March 3, 2026
At 5:32 p.m., Mayor Moore called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): Boca Raton Resort, Hotel Lobby, 501 E Camino Real, Boca Raton, FL 33432.

ROLL CALL

Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang (participated virtually).

Councilmember Wang confirmed that he was in the noticed public location, that he had posted the notice of the meeting at his remote location and that no other individuals over the age of 18 were with him and that no one had indicated to him that they were intending to make public comment or address the Council.

ACTION CALENDAR

1. Subject: Parkland Ballot Measure - Mapping, Zoning, Legal Review, and Election Considerations (Continued on February 19, 2026).

Recommended Action: Receive the report and provide direction to staff on whether to pursue development of a parkland rezoning ballot measure for consideration at the November 2026 election.

Written communications for this item included emails to Council.

Acting Director of Administrative Services Jonathan Orozco gave a verbal report.

Councilmembers asked questions and made comments.

Mayor Moore opened the public hearing and the following members of the public spoke:
2279
CC 04-01-2026 Searchable Packet
2279 of 2331
City Council Minutes March 3, 2026

Page 2 ends

Jennifer Griffin
Jean Bedord
Peggy Griffin
Lisa Warren (virtually)
Planning Commissioner San Rao (representing self) (virtually) Councilmembers asked questions and made comments.

Mayor Moore closed the public hearing.

Council conducted the following straw poll:
• Moore and Chao supported the measure.
• Wang supported if recreational facilities were included. • Mohan supported but questioned urgency.
• Fruen opposed, but if measure proceeds, forgo polling due to cost concerns.

Council unanimously consented to provide the following direction to staff:
• Return to Council to consider existing designations, zoning corrections, and state law protections for recreational facilities and parkland sites. • Prepare a plan for a proposed parkland ballot measure, to be brought forward at a future date.
• Return to Council with a recommended scope of work for consultant services, including a proposed budget appropriation, a detailed work plan, and a timeline. o Provide options for Council to refine the consultant’s performance, specifically evaluating whether to proceed with polling or to move directly into community outreach.
• Include language regarding the inclusion of facilities and whether the way it is written could cause the ballot measure not to pass, and asked to review the wording to determine if it would create any issues.

STUDY SESSION

Written communications for this item included emails to Council and staff presentation.
2280
CC 04-01-2026 Searchable Packet
2280 of 2331
City Council Minutes March 3, 2026

Page 3 ends

Assistant Director of Community Development Luke Connelly gave a presentation.

Councilmembers asked questions and made comments.

Mayor Moore opened the public comment period and the following members of the public spoke:

Greg Endom
Jennifer Griffin
Peggy Griffin
Lisa Warren (virtually)
Planning Commissioner San Rao (representing self) (virtually) Councilmembers asked questions and made comments.

Mayor Moore closed the public comment period.

Council unanimously consented to provide the following direction to staff:
• Authorize staff to hire a consultant to assist in the site identification and rezoning process.
• Maintain active dialogue with HCD (California Department of Housing and Community Development) to document the City's progress in addressing capacity deficiencies.
• Expand the scope of the current work program to research best practices and broader options for preserving retail beyond the ballot measure framework. • Investigate implementing maximum unit size limits to manage the scale of future projects.
• Proactively identify large-acreage or underutilized parcels and reach out to property owners to determine development interest.

ADJOURNMENT
At 6:56 p.m., Mayor Kitty Moore adjourned the Special City Council Meeting.

REGULAR MEETING
At 7:02p.m., Mayor Moore called the Regular City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): Boca Raton Resort, Hotel Lobby, 501 E Camino Real, Boca Raton, FL 33432.
2281
CC 04-01-2026 Searchable Packet
2281 of 2331
City Council Minutes March 3, 2026

Page 4 ends

ROLL CALL

Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang (participated virtually).

CLOSED SESSION REPORT - None

CEREMONIAL ITEMS

1. Subject: Recognition of March as American Red Cross Month.

Recommended Action: Present proclamation recognizing March as American Red Cross Month.

American Red Cross Silicon Valley Chapter Board Member Stuart Chessen received the proclamation and provided a presentation.

Mayor Moore presented the proclamation recognizing March as American Red Cross Month.

2. Subject: Recognition of March as Youth Art Month.

Recommended Action: Present Proclamation recognizing March as Youth Art Month.

Santa Clara County Office of Education Arts Coordinator Sofia Fojas received the proclamation and provided remarks. The following 2025 Artist Award winners were recognized: Khushi Somesh, Anahi Shaikh, Lingshan Guan, Ivy Ma, and Iris Zheng.

Arts and Culture Commission Chair David Wang and Vice Chair Kiran Varshneya Rohra were present.

Mayor Moore presented the proclamation recognizing March as Youth Art Month.

POSTPONEMENTS AND ORDERS OF THE DAY

Written communications for this item included emails to Council. 2282
CC 04-01-2026 Searchable Packet
2282 of 2331
City Council Minutes March 3, 2026

Page 5 ends

MOTION: Moore moved and Mohan seconded to continue this item to a future date.

The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan and Wang. Noes: None. Abstain: None. Absent: None.

ORAL COMMUNICATIONS
Written communications for this item included emails to the Council.

The following members of the public spoke:

Jennifer Griffin discussed business displacement at the Super Kyo-Po shopping center in Santa Clara.

Rhoda Fry discussed the Linda Vista/Evulich development project.

Mark Fantozzi discussed the Linda Vista/Evulich development project.

DerChang Kau and Alice Lin discussed the Linda Vista/Evulich development project.

Chris Satterlee discussed staff’s work on the pickleball attenuation project.

Lisa Warren (virtually) discussed road narrowing and housing growth on traffic.

Call-In User_2 (virtually) discussed a code enforcement matter involving their home.

Planning Commissioner San Rao (representing self) (virtually) discussed De Anza Boulevard lanes and housing element sites.

David Y (virtually) discussed the Linda Vista/Evulich development project.

Louise Saadati (virtually) discussed the Cupertino for All organization and housing.

Vikram Saxena (virtually) discussed the Linda Vista/Evulich development project.

CONSENT CALENDAR (Items 4-6)
Mayor Moore opened the public comment period and, seeing no one, closed the public comment period.

MOTION: Fruen moved and Mohan seconded to approve Consent Calendar Items 4-6. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan and Wang. Noes:

None. Abstain: None. Absent: None.

4. Subject: Approval of February 19, 2026 City Council meeting minutes.

Recommended Action: Approve the February 19, 2026 City Council meeting minutes. 2283
CC 04-01-2026 Searchable Packet
2283 of 2331
City Council Minutes March 3, 2026

Page 6 ends

5. Subject: Receive the Monthly Treasurer's Report for January 2026.

Recommended Action: Receive the Monthly Treasurer's Report for January 2026.

6. Subject: Receive the Monthly Treasurer's Investment Report for January 2026.

Recommended Action: Receive the Monthly Treasurer's Investment Report for January 2026.

PUBLIC HEARINGS

7. Subject: Public hearing on the abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 25-101.

Acting City Clerk Lauren Sapudar gave a verbal report.

Councilmembers asked questions and made comments.

Mayor Moore opened the public hearing and the following members of the public spoke:

Anne Chiang, 10213 Minor Place
County of Santa Clara Weed Abatement Manager Garik Iosilevsky answered Council questions.

Councilmembers asked questions and made comments.

Mayor Moore closed the public hearing.

MOTION: Mohan moved and Chao seconded the staff recommendation, as amended, to adopt Resolution No. 26-023 ordering abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 25-101 with an amendment to remove the property located at 10213 Minor Place. APN 316-26-065 from the list. The amended motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan and Wang. Noes: None. Abstain:

None. Absent: None.
2284
CC 04-01-2026 Searchable Packet
2284 of 2331
City Council Minutes March 3, 2026

Page 7 ends

8. Subject: Conduct a Noticed Public Hearing to Consider Adopting a Resolution Vacating a Portion of Public Right-of-Way Located Along the Westerly boundary of Mary Avenue (APN 326-27-053).

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

2. Adopt Resolution No. 26-024 approving the vacation of a portion of public right-of-way located along the westerly boundary of Mary Ave (APN 326-27-053).

Written communications for this item included emails to Council and staff presentation.

Councilmembers disclosed ex-parte communications.

Senior Civil Engineer Jennifer Chu gave a staff presentation.

Councilmembers asked questions and made comments.

Mayor Moore opened the public hearing and the following members of the public spoke:

Jennifer Griffin
Michael Chu
Paul Krupka
Mahesh Gurikar
Ranjan Desai
Lina
Janet Van Zoeren, Cindy Van Zoeren, Gia Pham and Nader V.

David Hollister
Pradeep
Housing Commissioner Connie Cunningham (representing self) Jean Bedord
Yvonne Thorstenson
Planning Commissioner San Rao (representing self) (virtually) Planning Commissioner Seema Lindskog (representing self) (virtually) Mark (virtually)
Louise Saadati (virtually)
Councilmembers asked questions and made comments.

Mayor Moore closed the public hearing.

MOTION: Fruen moved and Mohan seconded the staff recommendation to adopt 2285
CC 04-01-2026 Searchable Packet
2285 of 2331
City Council Minutes March 3, 2026

Page 8 ends

Resolution No. 26-024 approving the vacation of a portion of public right-of-way located along the westerly boundary of Mary Ave (APN 326-27-053). The motion passed with the following vote: Ayes: Moore, Fruen, and Mohan. Noes: Chao and Wang. Abstain: None. Absent: None.

ACTION CALENDAR

9. Subject: Consider Adopting a Resolution Declaring the Mary Avenue property (APN 326-27-053) Exempt Surplus Land under the California Surplus Land Act.

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

Written communications for this item included emails to Council and staff presentation.

City Attorney Floy Andrews gave a presentation.

Councilmembers asked questions and made comments.

Mayor Moore opened the public comment period and the following members of the public spoke:

Jennifer Griffin
Sunil
Ranjan Desai
Housing Commissioner Connie Cunningham (representing self) Lina
Jean Bedord
Yvonne Thorstenson
Pradeep
Kiran Varshneya
Planning Commissioner San Rao (representing self) (virtually) Louise Saadati (virtually)
Councilmembers asked questions and made comments.

Mayor Moore closed the public comment period.

MOTION: Fruen moved and Moore seconded the staff recommendation as amended to 2286
CC 04-01-2026 Searchable Packet
2286 of 2331
City Council Minutes March 3, 2026

Page 9 ends

adopt Resolution No. 26-025 declaring the Mary Avenue property (APN 326-27-053) to be exempt surplus land pursuant to the provision of the Surplus Land Act codified at California Government Code subsection 54221(f)(1)(F)(i) with an amendment to add additional language in the resolution at the end of Section 3 to include: “although a portion of the Property has been used for public purposes, it is not essential for the agency’s operational needs and thus appropriately declared as surplus land. (See Airport Business Center v. City of Santa Rosa et al. 2025 116 Cal.App.5th 501)”. The motion as amended passed with the following vote: Ayes: Moore, Fruen, and Mohan. Noes: Chao and Wang.

Abstain: None. Absent: None.

At 9:53 p.m., Mayor Moore recessed the meeting. The meeting reconvened at 10:01 p.m. with all Councilmembers present (Wang virtually).

10. Subject: Acceptance of City Manager’s Mid-Year Financial Report for Fiscal Year 2025-26; Approval of Budget Modification increasing appropriations by $663,616 and revenues by $149,578.

Recommended Action: 1. Accept the City Manager’s Mid-Year Financial Report for Fiscal Year 2025-26.

2. Adopt Resolution No. 26-026 approving Budget Modification No. 2526-433, increasing appropriations by $663,616 and revenues by $149,578 Written communications for this item included a staff presentation and a revised staff presentation.

Acting Director of Administrative Services Jonathan Orozco gave a presentation.

Acting Budget Manager Toni Oasay-Anderson provided the mid-year financial update portion of the presentation.

Councilmembers asked questions and made comments.

Mayor Moore opened the public comment period and, seeing no one, closed the public comment period.

Mayor Moore closed the public comment period.

MOTION: Chao moved and Wang seconded the revised staff recommendation to accept the City Manager’s Mid-Year Financial Report for Fiscal Year 2025-26 and adopt Resolution No. 26-026 approving Budget Modification No. 2526-433, increasing appropriations by $653,155 and revenues by $149,578 resulting in use of $503,577 in one-time unassigned fund balance. The motion, as revised, passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan and Wang. Noes: None. Abstain: None. 2287
CC 04-01-2026 Searchable Packet
2287 of 2331
City Council Minutes March 3, 2026

Page 10 ends

Absent: None.

11. Subject: Fiscal Year 2026-2027 Capital Improvement Programs and Five-year Plan.

Written communications for this item included a staff presentation and supplemental reports to include revised Staff Report, revised CIP Projects Prioritization Process, revised FY 26-27 CIP projects Prioritization Matrix, and revised FY 26-27 CIP New Project Narratives.

CIP Manager Susan Michael gave a presentation.

Councilmembers asked questions and made comments.

Mayor Moore opened the public comment period and the following members of the public spoke:

Planning Commissioner San Rao (representing self) (virtually) MOTION: Moore moved and Fruen seconded to extend the meeting past 11:00 p.m. to continue hearing Item No. 11. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan and Wang. Noes: None. Abstain: None. Absent: None.

Mayor Moore closed the public comment period.

MOTION: Chao moved and Mohan seconded the revised staff recommendation to approve the Capital Improvement Programs Project Prioritization process and the Fiscal Year 2026-2027 Capital Improvement Programs and Five-Year Plan proposal. The motion, as revised, passed with the following vote: Ayes: Moore, Chao, Fruen, and Mohan. Noes: Wang. Abstain: None. Absent: None.

FRIENDLY AMENDMENT: Wang made a friendly amendment to take the queued projects in the Prioritization Matrix Appendix B and cut anything ranked below 300, and did not support the pickleball sound project. (Chao did not accept the friendly amendment and it was not included in the motion).

ITEMS REMOVED FROM THE CONSENT CALENDAR – None

CITY MANAGER REPORT

12. Subject: City Manager Report
2288
CC 04-01-2026 Searchable Packet
2288 of 2331
City Council Minutes March 3, 2026

Page 11 ends

City Manager Tina Kapoor reported on recent highlights and upcoming events as provided in the published agenda.

ORAL COMMUNICATIONS - CONTINUED – None

COUNCILMEMBER REPORTS

13. Subject: Councilmember Reports
Councilmembers reported on their various committees and events as provided in the published agenda.

FUTURE AGENDA ITEMS
Council did not hear this item.

14. Subject: Upcoming Draft Agenda Items Report
A tentative council meeting agenda calendar was provided in the published agenda.

ADJOURNMENT
Mayor Moore adjourned in memory of Cupertino resident Boris Stanley.

At 11:11 p.m., Mayor Kitty Moore adjourned the Regular City Council Meeting.

Minutes prepared by:
_ ______
Lauren Sapudar, City Clerk
2289
CC 04-01-2026 Searchable Packet
2289 of 2331

01276.0036 2089268.2
RESOLUTION NO. 26-016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO
CONSIDER THE DEVELOPMENT OF A 40-UNIT BELOW MARKET RATE

DEVELOPMENT (MARY AVENUE VILLAS PROJECT) ON A HOUSING ELEMENT SITE, OF WHICH 19 UNITS ARE DEDICATED TO THE INTELLECTUALLY DEVELOPMENTALLY DISABLED AND 21 UNITS RESERVED FOR EXTREMELY

LOW AND VERY LOW INCOME RESIDENTS OF THE COMMUNITY LOCATED WITHIN THE MARY AVENUE RIGHT-OF-WAY (A.P.N.: 326-27-053) SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2025-006
Applicant: Charities Housing
Property Owner: City of Cupertino
Location: Mary Avenue Right-Of-Way (A.P.N.: 326-27-053) SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:

WHEREAS, California Government Code § 65583.2(i) and City Code Section 19.12.030, the proposed entitlement is not considered a "project" subject to CEQA. The development meets all statutory requirements for this exemption, specifically regarding its location on a Housing Element site, its programming as a 100% affordable status, and it’s with a density of over 20 dwelling units per acre; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for an Architectural and Site Approval Permit; and
WHEREAS, the City Council finds as follows with regard to this application:

1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience;
The project is consistent with the land use designations in the General Plan, and Zoning Ordinance. It has been designed to be compatible with adjoining land uses, including the multi-family and townhome residences in the vicinity. The property will modify Mary Ave to a complete street design with the addition of a sidewalk along the western edge where one currently does not exist. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. The project must meet all 2290
CC 04-01-2026 Searchable Packet
2290 of 2331
Resolution 26-016

Page 2 ends

01276.0036 2089268.2
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 the development of 40 affordable multi-family units within two, two-story buildings. The Glenbrook Apartments across Mary Avenue and the adjacent townhomes south of the project(Westport) are 2-3 stories in height, respectively.

The proposed residential buildings are approximately 23 feet in height, well below the 70- foot height maximum for R4 zoned properties. Additionally, the development will have vegetation and trees planted along Mary Avenue for visual screening. There is also landscaping proposed at the perimeter which will help reduce the apparent mass and bulk of the proposed buildings.
b) In order to preserve design harmony between new and existing building and in order to preserve and enhance property values, the materials, textures and colors of new building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided.

Lighting for the development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill-over light to adjoining property owners.

The design quality of the development is consistent with the high-quality standards identified in the General Plan. 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 2291
CC 04-01-2026 Searchable Packet
2291 of 2331
Resolution 26-016

Page 3 ends

01276.0036 2089268.2
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 bird-safe ordinance. 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.

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.

The buildings have been designed in accordance with many standards in the municipal code that require visual screening and light source mitigation, including but limited to street trees and Dark Sky lighting.

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-2025-006, 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-2025-006 as set forth in the Minutes of the City Council Meeting of February 3, 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 “Mary Avenue Affordable Housing” dated July 24, 2024 (with resubmittal dates) consisting of 43 sheets labeled as, AS0.0- AS9.4, C-000.0 – C-005.0, – C7.3, L-1 – L-2, and DD-1.0 – DD-1.3, drawn by Ko Architects, Kimley Horn, Keith Willig Landscape Architects, and Vizion Utility Partners, except as may be amended by conditions in this resolution. 2292
CC 04-01-2026 Searchable Packet
2292 of 2331
Resolution 26-016

Page 4 ends

01276.0036 2089268.2

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. 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.

4. 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.

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 a 40 unit multi-family development subject to the affordability standards set forth in Condition .

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

If the SCCDEH determines that residual contamination remains on-site at concentrations that require engineering controls, vapor mitigation systems, or ongoing monitoring, the applicant shall comply with all post-remediation monitoring, reporting, and maintenance requirements imposed by the SCCDEH. 2293
CC 04-01-2026 Searchable Packet
2293 of 2331
Resolution 26-016

Page 5 ends

01276.0036 2089268.2
The applicant shall provide the City of Cupertino Community Development Department with copies of all ongoing monitoring reports, system performance data, and final closure documentation, as applicable, until the oversight agency issues a final case closure or no further action determination for the site.

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

8. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state’s Density Bonus law, the project is granted waivers and concessions as follows:
a. Waiver to reduce front, side, and rear setbacks;
b. Waivers for elimination of the private outdoor space requirement; c. Waiver of the reduction of number of vehicles in the front or side street setback;
d. Waiver to alternate the bicycle parking requirement; e. Concession to deviate from the Electric Vehicle Charging requirement; f. Concession to eliminate the artwork requirement.

9. BMR AGREEMENT
Prior to the 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;
b. Provisions to ensure concurrent construction and completion of BMR units and market-rate units;
c. Affordability levels for each BMR unit;
d. Rents 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.
2294
CC 04-01-2026 Searchable Packet
2294 of 2331
Resolution 26-016

Page 6 ends

01276.0036 2089268.2

10. BMR UNIT TERMS OF AFFORDABILITY
Prior to occupancy, the proposed project shall record covenants that require the units to be rented at prices that are affordable to Extremely Low, Very Low, and Low Income levels for a period not less than 99 years from the date of first occupancy of the unit.

11. 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.

12. 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.”

13. 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.
2295
CC 04-01-2026 Searchable Packet
2295 of 2331
Resolution 26-016

Page 7 ends

01276.0036 2089268.2
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.

14. 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.

15. 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.

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

17. 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 2296
CC 04-01-2026 Searchable Packet
2296 of 2331
Resolution 26-016

Page 8 ends

01276.0036 2089268.2
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.

18. 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 report from a licensed lighting engineer may be required to confirm all exterior lighting throughout the site complies with the City’s Ordinance.

19. 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.

20. 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 2297
CC 04-01-2026 Searchable Packet
2297 of 2331
Resolution 26-016

Page 9 ends

01276.0036 2089268.2
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.

21. 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.

22. 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.

23. 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.

24. 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. 2298
CC 04-01-2026 Searchable Packet
2298 of 2331
Resolution 26-016

Page 10 ends

01276.0036 2089268.2

25. 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.

26. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District’s Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction.

27. 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.

28. 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:
2299
CC 04-01-2026 Searchable Packet
2299 of 2331
Resolution 26-016

Page 11 ends

01276.0036 2089268.2
1) For projects that require the demolition or construction one single-family residence, ground disturbing activities affecting areas of up to 500 square feet, or the removal of up to three trees, the property owner or a tree removal contractor, if necessary, is permitted to conduct the preconstruction surveys to identify if there are any active nests. If any active nests with eggs or young birds are identified, the project applicant shall retain a qualified ornithologist or biologist to identify protective measures. 2) For any other demolition, construction and ground disturbing activity or the removal of four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys. iii. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, grounddisturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active.
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, 2300
CC 04-01-2026 Searchable Packet
2300 of 2331
Resolution 26-016

Page 12 ends

01276.0036 2089268.2
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.

29. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES Prior to the issuance of any demolition, grading or building permit involving soil disturbance, the project applicant shall provide written verification, including the materials provided to contractors and construction crews, to the City confirming that contractors and construction crews have been notified of basic archaeological site indicators, the potential for discovery of archaeological resources, laws pertaining to these resources, and procedures for protecting these resources as follows:
a. Basic archaeological site indicators that may include, but are not limited to, darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials, either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural resources on site.
c. The laws protecting these resources and associated penalties, including, but not limited to, the Native American Graves Protection and Repatriation Act of 1990, Public Resources Code Section 5097, and California Health and Safety Code Section 7050 and Section 7052.
d. The protection procedures to follow should construction crews discover cultural resources during project-related earthwork, include the following:
i. All soil disturbing work within 25 feet of the find shall cease. ii. The project applicant shall retain a qualified archaeologist to provide and implement a plan for survey, subsurface investigation, as needed, to define the deposit, and assessment of the remainder of the site within the project area to determine whether the resource is significant and would be affected by the project.
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 2301
CC 04-01-2026 Searchable Packet
2301 of 2331
Resolution 26-016

Page 13 ends

01276.0036 2089268.2
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.

30. HUMAN REMAINS AND NATIVE AMERICAN BURIALS
Prior to issuance of the any demolition, grading and building permits that involve soil disturbance, include on plans a note that, during project construction, the project applicant shall comply with California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.98.
a. In the event of discovering human remains during construction activities, there shall be no further excavation or disturbance of the site within a 100-foot radius of the remains, or any nearby area reasonably suspected to overlie adjacent remains.
b. The Santa Clara County Coroner shall be notified immediately and shall make a determination as to whether the remains are Native American. c. If the Santa Clara County Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission (NAHC) within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of the deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site to make recommendations or preferences regarding the disposition of the remains.

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

31. 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:
2302
CC 04-01-2026 Searchable Packet
2302 of 2331
Resolution 26-016

Page 14 ends

01276.0036 2089268.2
a. For projects on sites that are more than 0.5 acres or four or more residential units the notices shall be sent to off-site businesses and residents within 500 feet of the project site;
b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units (not including Accessory Dwelling Units) notices shall be sent to off-site businesses and residents within 250 feet of the project site; or c. For projects on sites less than 0.25 acres or one residential unit, the notices shall be sent to off-site businesses and residents within 100 feet of the project site.

The notification shall include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration. The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. The City will provide mailing addresses for the Applicant’s use. The project applicant shall provide the City with evidence of mailing of the notice, upon request. If pile driving, see additional noticing requirements below.

32. 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.
2303
CC 04-01-2026 Searchable Packet
2303 of 2331
Resolution 26-016

Page 15 ends

01276.0036 2089268.2
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.

33. EXCESSIVE NOISE AND VIBRATIONS
Per General Plan Policy HS-8.3, construction contractors shall use the best available technology to minimize excessive noise and vibration from construction equipment such as pile drivers, jack hammers, and vibratory rollers during construction.

34. 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 5 feet of any residential property.
f. Any other measures as determined to be appropriate by the Director of Community Development

35. 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 2304
CC 04-01-2026 Searchable Packet
2304 of 2331
Resolution 26-016

Page 16 ends

01276.0036 2089268.2
and grading permits, and in the construction management plan(s), unless otherwise indicated.
a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.

Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Nighttime construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions.

36. 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.

37. 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.
2305
CC 04-01-2026 Searchable Packet
2305 of 2331
Resolution 26-016

Page 17 ends

01276.0036 2089268.2

38. 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.

39. 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.

40. 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 2306
CC 04-01-2026 Searchable Packet
2306 of 2331
Resolution 26-016

Page 18 ends

01276.0036 2089268.2
applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

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

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.t Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS

DEPARTMENT

41. RIGHT-OF-WAY VACATION
Prior to issuance of any construction permits, City Council shall adopt a resolution to vacate the right-of-way within the limits of the development property boundary.

42. DOG PARK SIDEWALK CONNECTION
Developer shall design and construct a new sidewalk extension from the northerly limits of the project’s property frontage to the existing sidewalk at the dog park north of the project site to the satisfaction of the Director of Public Works.

Additional comments will be provided and shall be incorporated prior to Building Permit approval.
2307
CC 04-01-2026 Searchable Packet
2307 of 2331
Resolution 26-016

Page 19 ends

01276.0036 2089268.2

43. CALTRANS RIGHT-OF-WAY
Caltrans permits and/or approvals are required for any work within Caltrans right-of-way.

44. STREET IMPROVEMENTS
Roadway 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 issuance of Building Permit. All necessary easements and vacations for the project shall be approved prior to issuance of Building Permit or when required by the Director of Public Works.

Street improvements may include, but not be limited to, new curb, gutter, attached sidewalk, ADA ramp, driveways, stormwater treatment facilities, utility laterals, street tree installations, restriping, and street lights. 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 Building Permit approval.

45. 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.

46. 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.

47. 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.
2308
CC 04-01-2026 Searchable Packet
2308 of 2331
Resolution 26-016

Page 20 ends

01276.0036 2089268.2
The Transportation Study prepared by Hexagon Transportation Consultants, Inc., dated November 13, 2025 recommends the turning radii of the reverse curves on the north end of the project site to be 18’ minimum and signage to be added ahead of the curves to inform cyclists to slow down to 10 mph. The City recommends 25’ minimum. The project shall incorporate this recommendation and any other improvements required by the Transportation Consultant, including but not limited to line of site modifications to on street parking or to the satisfaction of the Director of Public Works, into the street improvement design prior to Building Permit approval.

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

49. 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.

50. 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. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten percent flood water surface elevation to the satisfaction of the Director of Public Works.

Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible.

All storm drain inlets shall be clearly marked with the words “No Dumping – Flows to Creek” using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division.
2309
CC 04-01-2026 Searchable Packet
2309 of 2331
Resolution 26-016

Page 21 ends

01276.0036 2089268.2
Additional comments will be provided and shall be incorporated prior to Building Permit approval.

51. 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 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 (Covenants, Conditions, and Restrictions (CC&R) and Homeowners Association (HOA), CC&R must also include languages pertaining to the stormwater treatment measures.

52. INSTALLATION AGREEMENT
The project developer shall enter into an Installation 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 issuance of Building permit.

Fees:
a. Checking & Inspection Fees: Per current fee schedule ($5,655 or 5% of improvement costs)
b. Grading Permit: Per current fee schedule ($4,891 or 6% of improvement costs)
c. Storm Drainage Fee: Per current fee schedule ($4,584 per AC + $347 per DU)
d. Transportation Impact Fee: Per current fee schedule: ($4,215 per DU) e. Storm Management Plan Fee Per current fee schedule ($2,217) f. Street Tree Fee: By Developer or Per current fee schedule:
$513 per tree
2310
CC 04-01-2026 Searchable Packet
2310 of 2331
Resolution 26-016

Page 22 ends

01276.0036 2089268.2
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements.

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

53. 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 may also be 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(s) as a result of the transportation analysis.

54. 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.

55. 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)
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.

56. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City before issuance of a building permit approval. The Agreement shall include the 2311
CC 04-01-2026 Searchable Packet
2311 of 2331
Resolution 26-016

Page 23 ends

01276.0036 2089268.2
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.

57. 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.

58. 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.

59. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company.

60. 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.

61. 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. 2312
CC 04-01-2026 Searchable Packet
2312 of 2331
Resolution 26-016

Page 24 ends

01276.0036 2089268.2

62. 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.

63. 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.

64. 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.

65. 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.

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

67. 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).

68. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed.
2313
CC 04-01-2026 Searchable Packet
2313 of 2331
Resolution 26-016

Page 25 ends

01276.0036 2089268.2

69. SAN JOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection to existing facilities, service capability and location and layout of water lines and backflow preventers before issuance of a building permit approval.

70. 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.

71. 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 issuance of building permits.

72. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and San Jose Water Company, and/or equivalent agencies) will be required prior to issuance of building permits.

SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY

DISTRICT

73. STORMWATER POLLUTION MANAGEMENT

1. Copper metal roofing, copper granule containing asphalt shingles, copper gutters and downspouts, and/or other exterior ornamental copper are not permitted for use on any commercial or industrial building.

2. All exterior storm drain inlets, including bioretention area overflow catch basins and linear trench drains must be treated with full trash capture systems to prevent litter from entering the City’s storm drain system and/or any adjacent creeks or diversion channels. Systems and devices used must be approved by the California State Regional Water Quality Control Board (RWQCB) and selected from the San Francisco Bay RWQCB Certified Full Capture System List of Trash Treatment Control Devices which may be viewed at:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_i mplementation.html
2314
CC 04-01-2026 Searchable Packet
2314 of 2331
Resolution 26-016

Page 26 ends

01276.0036 2089268.2
Each inlet being treated must be identified on the civil drawings and the specific type of treatment control device labeled.

3. At the time of building permit plan submittal, the manufacturer specification sheet for all trash capture system(s) used must be included. As a condition of approval, the systems must be installed and maintained (cleaned) in accordance with the project SWMP, manufacturer specifications, and provision of the California RWQCB San Francisco Bay Region Municipal Regional Stormwater NPDES Permit. The property owner must provide official written record of cleaning and maintenance to the City upon request.

4. All exterior storm drain inlets on the parcel must be clearly marked with “No Dumping Flows To Creek” or “No Dumping Flows To Bay”. An example of drain inlet markers may be viewed at the following:
www.cupertino.org/greendev (Waste and Stormwater Management).

74. COVERED WASTE TRIOS AND CIGARETTE FILTER MANAGEMENT One permanently installed waste trio including an enclosed cigarette urn which is designed for exterior use is required and must be included on the site plan. A waste trio is a set of outdoor receptacles positioned side-by-side which are clearly individually labeled “RECYCLING, COMPOST, TRASH” and include covers to prevent rainwater intrusion. An example of waste trios may be viewed at the following: www.cupertino.org/greendev (Waste and Stormwater Management). The trio and cigarette urn must be situated on private property adjacent to the sidewalk for customer and public pedestrian use. The trio and cigarette urn shall be maintained by the private property owner in perpetuity for which this building permit is issued. The location of the trios/urns must conform to the City of Cupertino Sidewalk Clearance at Driveways Standard Detail www.cupertino.org.greendev (Waste and Stormwater Management  Helpful Links) and compliance demonstrated on the resubmitted plans. The placement of the trios and cigarette urns must conform to the Cupertino Municipal Code (Section 10.90) and other state codes regulating smoking. If exterior furnishings (benches, bicycle racks, pole lights, etc.) are required for this project, the waste trios and cigarette urns must match material, color, and style to the maximum extent practicable.

75. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING AND RECOVERY A completed construction and demolition (C&D) Debris Recovery Plan (DRP) must be submitted at the time of project plan submittal. All debris disposal and recycling from the construction project must be tracked throughout the duration of the project. Project applicants and contractors must use Green Halo cupertino.wastetracking.com to create their Plan and to submit all construction waste 2315
CC 04-01-2026 Searchable Packet
2315 of 2331
Resolution 26-016

Page 27 ends

01276.0036 2089268.2
generation tonnage information. A hold on issuance of the building permit will be placed until the Plan is submitted and approved. A hold will also be placed on the final inspection until all waste tonnage information for the project has been entered into Green Halo and approved by the Environmental Programs Division.

Your response below must identify the Green Halo Tracking Number (e.g. GH123- 456-7890) and date the DRP was submitted to Green Halo.

For additional information, please visit cupertino.org/greendev (Waste and Stormwater Management).

SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA

COUNTY FIRE DEPARTMENT

76. FIRE SPRINKLERS REQUIRED
Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. 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.

77. FIRE ALARM REQUIREMENTS
Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop drawings (3 sets) and a permit application to the SCCFD for approval before installing or altering any system. Call (408) 341-4420 for more information. Fire alarm requirement will be determined during building permit.

78. BUILDINGS AND FACILITIES ACCESS
Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1].
2316
CC 04-01-2026 Searchable Packet
2316 of 2331
Resolution 26-016

Page 28 ends

01276.0036 2089268.2

79. KNOX KEY BOXES/LOCKS WHERE REQUIRED FOR ACCESS
Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for lifesaving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The Knox Key Box shall be a of an approved type and shall contain keys to gain necessary access as required by the fire code official. Locks.

An approved Knox Lock shall be installed on gates or similar barriers when required by the fire code official. Key box maintenance. The operator of the building shall immediately notify the fire code official and provide the new key when a lock is changed or re-keyed. The key to such lock shall be secured in the key box. [CFC Sec. 506].

80. GROUND LADDER ACCESS
Ground-ladder rescue from second and third floor rooms with egress windows, 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. Ladder access (one for each emergency egress window) of an all-weather supportive surface along with an approved access walkway leading from the fire apparatus access road to them, shall be provided.

81. 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].

82. PUBLIC FIRE HYDRANT REQUIRED
Provide a public fire hydrant at a final location to be determined jointly by the Fire Department and San Jose Water Company. Maximum distance of 250 feet from the building frontage, 500 ft between hydrants and a maximum of 100 feet from the FDC, with a minimum hydrant flow of 1687 GPM @ 20 psi residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C. 2317
CC 04-01-2026 Searchable Packet
2317 of 2331
Resolution 26-016

Page 29 ends

01276.0036 2089268.2

83. REQUIRED FIRE FLOW
The fire flow for this project is 2,250 GPM at 20 psi residual pressure. Since an automatic fire sprinkler system will be installed, the fire flow will be reduced by 25%, establishing a required adjusted fire flow of 1,687 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.

84. 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]. 2 Hydrants required for both structures. Show hydrant location on plans. Clarify on sheet C003.0 if hydrant on sheet C003.0 is either new or existing. New hydrant on sheet C003.0 shown in front of building 2B. Make a note on sheet AS0.0 that new hydrant will be provided. New hydrant shall meet the required fireflow.

85. 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). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.

86. 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 2318
CC 04-01-2026 Searchable Packet
2318 of 2331
Resolution 26-016

Page 30 ends

01276.0036 2089268.2
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 4 inches (101.6 mm) 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.

87. 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 Chp. 33.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of February, 2026, by the following vote:

Members of the City Council
AYES: Moore, Fruen, Mohan
NOES: Wang
ABSENT: None
ABSTAIN: Chao
SIGNED:
________
Kitty Moore, Mayor
City of Cupertino
__2/18/2026______________________
Date
ATTEST:
________
Lauren Sapudar, Acting City Clerk
__2/18/2026______________________
Date
2319
CC 04-01-2026 Searchable Packet
2319 of 2331
RESOLUTION NO. 26-024

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

VACATING A PORTION OF PUBLIC RIGHT- OF-WAY LOCATED
ALONG THE WESTERLY EDGE OF MARY AVENUE ( APN 326- 27-053) AS PROVIDED IN SECTIONS 8320- 8325 OF

CALIFORNIA STREETS AND HIGHWAYS CODE
WHEREAS, the real property at issue is wholly owned by the City of Cupertino and is situated along the westerly edge of Mary Avenue, between Stevens Creek Boulevard and Lubec Street, in the City of Cupertino ( APN 326- 27- 053)(“ Property”). The Property is more particularly described as Parcel 1 shown on that certain Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on May 2, 2023, in Book 953 of Maps, Pages 53 and 54 (“ Parcel Map”), attached hereto and as further described in Exhibit A; and
WHEREAS, all of Parcel 1 contained within the current public right-of-way is depicted on the Parcel Map, which shall be vacated (“ Vacation Area”) to allow for the construction of an affordable housing project identified in the Housing Element of the City’ s General Plan as the Mary Avenue project; and WHEREAS, the City previously entered into a Disposition and Development Agreement (“ DDA”) pertaining to the Mary Avenue project, which prior decision to enter into the DDA has no binding effect or limitation on the City Council’ s ability to exercise its discretion with regard to the current design as to whether the Vacation Area is unnecessary for a present or prospective public use as the City entered into the DDA with the clear understanding that the DDA is contingent upon the City separately finding the Vacation Area to be unnecessary for the present or prospective public use, pursuant to California Streets and Highways Code section 8324( b);
WHEREAS, on February 10, 2026, the Planning Commission found the Vacation Area of the proposed vacation to be consistent with the City’ s adopted General Plan pursuant to California Government Code section 65402 and adopted Planning Commission Resolution No. 2026- 01 so finding; and WHEREAS, the proposed roadway design after the Vacation Area is vacated from the public right-of-way incorporates sidewalks, roadway lanes, and 2320
CC 04-01-2026 Searchable Packet
2320 of 2331
Resolution No. 26-024

Page 2 ends

bicycle lanes that meet all applicable design standards, including requirements for width and materials. The design maintains adequate access throughout the area and does not result in any obstruction to public access; and WHEREAS, all public utilities having any right, title, or interest in the right-of-way have been notified of the City’ s planned vacation, including AT&T, Comcast, Cupertino Sanitary District, PG& E, and San Jose Water Company, and no-objection” letters have been obtained from each entity.

WHEREAS, a city may initiate vacation proceedings by noticing a public hearing and posting signs as to the date, time, and place of the public hearing at which the city will consider said vacation, in accordance with California Streets and Highways Code sections 8320; 8322; and 8323; and
WHEREAS, pursuant to California Streets and Highways Code section 8324( a), a public hearing was held on March 3, 2026 at which time the City Council received testimony and evidence from all persons interested in the proposed street vacation who indicated their desire to be heard, from all persons protesting the same who indicated their desire to be heard, and from members of City staff, wherein this City Council considered all of the evidence submitted concerning the proposed vacation of the Vacation Area; and
WHEREAS, the City Council now desires to approve the vacation of the Vacation Area subject to the reservations, conditions and exemptions set forth herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find and resolve as follows:

Section 1: The City Council has duly considered the full record before it, including the staff report and presentation, facts, exhibits, public testimony, the findings of the Planning Commission contained in the adopted Planning Commission Resolution No. 2026- 01, and other evidence and materials submitted or provided to the Council, in compliance with California Streets and Highways Code section 8324( a), and the City Council understood at the time the Council approved the DDA, that the legal effect of the DDA would be contingent upon independently finding the Vacation Area unnecessary for present or prospective public use. 2321
CC 04-01-2026 Searchable Packet
2321 of 2331
Resolution No. 26-024

Page 3 ends

Section 2: The recitals set forth above are found to be true and correct and are incorporated herein by reference.

Section 3: The City has performed an environmental assessment for the Mary Avenue housing project, and the City hereby determines that it falls within the Categorical Exemption set forth in Section 15332 of the Guidelines for Implementation of the California Environmental Quality Act (“ CEQA Guidelines”) which exempts Class 32 Infill Development Projects because ( a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; ( b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the project site has no value, as habitat for endangered, rare or threatened species; ( d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300. 2 apply to this project and, specifically, this project does not present any unusual circumstances. The proposed vacation of the Vacation Area does not constitute a separate project under CEQA and is an implementation action within the scope of the affordable housing development project. Based on the whole of the administrative record, the City Council determines the project is categorically exempt from CEQA pursuant to the Class 32 exemption.

Section 4. The City Clerk published notice and posted signs declaring said intention, and the date, time, and place of a public hearing to be held to consider said vacation of the Vacation Area, in accordance with California Streets and Highways Code sections 8320, 8322, and 8323; and
Section 5. The proposed roadway design incorporates sidewalks, roadway lanes, and bicycle lanes that meet all applicable design standards, including requirements for width and materials. The design maintains adequate access throughout the area and does not result in any obstruction to public access.

Section 6: Based on all the evidence submitted, the Vacation Area as described in the notice of hearing is unnecessary for present or prospective public use, pursuant to California Streets and Highways Code section 8324( b). 2322
CC 04-01-2026 Searchable Packet
2322 of 2331
Resolution No. 26-024

Page 4 ends

Section 7. The City Council does hereby vacate the Vacation Area, as described and depicted on the Parcel Map.

Section 8. Pursuant to California Streets and Highways Code section 8340( c), the City of Cupertino reserves for the benefit of public utility companies and excepts from the foregoing vacation the permanent public utility easement shown on the Parcel Map, and its correlating rights in connection with such easement existing in, under, or over the Vacation Area, unless quitclaimed or released by the owner thereof. The correlated rights include, but are not limited to, at any time, and from time to time, to excavate for, construct, reconstruct, maintain, operate, replace, remove, renew, inspect and use the public utility facilities, including, but not limited to electric, gas and communication facilities, the ingress to and egress from the public utility facilities, and also the right to trim and cut down trees and other vegetation that may be a hazard to the public utility facilities. The area shall be kept open and free of buildings, structures, wells or other obstructions.

Section 9. City staff is directed to cause a certified copy of this Resolution, attested by the City Clerk under the seal of the City, to be recorded in the Office of the County Recorder of Santa Clara County, upon notification from the Director of Public Works that the Developer of the Mary Avenue Project, as defined in that certain Disposition and Development Agreement executed on February 3, 2026 and approved by City Council Resolution No. 26-018, has met all precedent conditions as set forth therein.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of March, 2026, by the following vote:

Members of the City Council
AYES: Moore, Fruen, Mohan
NOES: Chao, Wang
ABSENT: None
ABSTAIN: None
2323
CC 04-01-2026 Searchable Packet
2323 of 2331
Resolution No. 26-024

Page 5 ends

SIGNED:

Kitty Moore, Mayor
City of Cupertino
3/5/2026____________________
Date
ATTEST:

Lauren Sapudar, Acting City Clerk
3/5/2026______________________
Date
2324
CC 04-01-2026 Searchable Packet
2324 of 2331
2325
CC 04-01-2026 Searchable Packet
2325 of 2331
RESOLUTION NO. 26-025

A RESOLUTION OF THE CUPERTINO CITY COUNCIL DECLARING

CERTAIN CITY-OWNED REAL PROPERTY LOCATED AT MARY AVENUE, IN THE CITY OF CUPERTINO ( APN: 326- 27-053) TO BE EXEMPT SURPLUS

LAND UNDER THE SURPLUS LAND ACT
WHEREAS, the real property at issue is situated along the westerly edge of Mary Avenue, between Stevens Creek Boulevard and Lubec Street, in the City of Cupertino ( APN 326-27-053) (“ Property”); is more particularly described as Parcel 1 shown on that certain Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on May 2, 2023, in Book 953 of Maps, Pages 53 and 54 (“ Parcel Map”), attached hereto and as further shown in Exhibit A; and is wholly owned in fee simple by the City of Cupertino; and WHEREAS, the City of Cupertino (“ City”) is considering issuing a declaration that the Property is “ exempt surplus land” to allow the Property to be developed as the Mary Avenue housing project, which is included in the City of Cupertino General Plan ( Community Vision 2015- 2040) and the associated Housing Element, which lists the Property as priority housing Site 10; and WHEREAS, the Housing Element indicates that priority housing Site 10 is a new parcel carved out from unused right-of-way owned by the City of Cupertino and adjacent to Highway 85 that includes on-street parking. The City’ s Housing Element anticipates the disposition of the Property, including the vacation of the on-street parking for the purpose of developing a 40-unit, two-story affordable 100% Low and Very Low Income) housing project, consisting of 39 below market residential units, of which 19 units will be reserved for residents with intellectual or developmental disabilities, and one manager’ s unit; and WHEREAS, the Surplus Land Act ( California Government Code section 54220 et seq.) governs the disposition of a city’ s surplus land and imposes upon a city the requirement that the city declare the land to be either “ surplus land” or exempt surplus land” under California Government Code section 54221( b)(1), and if not exempt, the city must comply with certain noticing procedures before disposing of the surplus land; and
WHEREAS, if surplus land meets the specific conditions for the exemption in the Surplus Land Act, codified at California Government Code subsection 2326
CC 04-01-2026 Searchable Packet
2326 of 2331
Resolution No. 26-025

Page 2 ends

54221( f)(1)(F)(i) (the “ Exemption”), the city is relieved of those noticing procedures, and
WHEREAS, that Exemption applies if (i) the surplus land is to be used for the development of a housing project that restricts 100 percent of the residential rentable units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households at an affordable rent for at least 55 years, as well as capping the maximum affordable rent at less than 20 percent below of the median market rents for the neighborhood in which the housing is located; and (ii) a covenant or restriction declaring those restrictions is recorded against the Property, which covenant must run with the land and be enforceable against the Property and the owner of the Property during the term of the covenant; and
WHEREAS, the City previously entered into a Disposition and Development Agreement ( the “ DDA”) pertaining to the Mary Avenue housing project, which prior decision to enter into the DDA has no binding effect on the City Council’ s ability to exercise its discretion with regard to the current decision of whether to declare the land to be exempt surplus land as the City entered into the DDA with the clear understanding that the DDA is contingent upon the City separately finding the land to be exempt surplus land under California Government Code section 54221( b)(1);
WHEREAS, the City now desires to declare the Property to be “ exempt surplus land” as the Property is not necessary for the City’ s use and the conditions for the Exemption will be met, as the Property is slated to be conveyed to a California non-profit limited partnership, Mary Avenue L.P., that plans to develop the Project as 100% affordable housing, which satisfies the requirements of the Exemption including entering into a Regulatory Agreement containing covenants so restricting the Property, which will be recorded against the Property and will be enforceable against any owner who violates the covenant and each successor in interest who continues the violation;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby find and report as follows:

Section 1: The City Council has duly considered the full record before it, including the staff report and presentation, facts, exhibits, public testimony and other evidence and materials submitted or provided to the Council. Furthermore, the 2327
CC 04-01-2026 Searchable Packet
2327 of 2331
Resolution No. 26-025

Page 3 ends

recitals set forth above are found to be true and correct and are incorporated herein by reference.

Section 2: The City has performed an environmental assessment for the Mary Avenue housing project, and the City hereby determines that it falls within the Categorical Exemption set forth in Section 15332 of the Guidelines for Implementation of the California Environmental Quality Act (“ CEQA Guidelines”) which exempts Class 32 Infill Development Projects because ( a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; ( b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; ( c) the project site has no value, as habitat for endangered, rare or threatened species; ( d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300. 2 apply to this project and, specifically, this project does not present any unusual circumstances. The proposed declaration of exempt surplus land does not constitute a separate project under CEQA and is an implementation action within the scope of the affordable housing development project. Based on the whole of the administrative record, the City Council determines the project is categorically exempt from CEQA pursuant to the Class 32 exemption.

Section 3. The Property is not necessary for the City’ s use, pursuant to California Government Code section 54221( b)(1) as 1) the City has previously designated the property for development of a 100 percent affordable housing project with dedicated units for persons with intellectual or developmental disabilities, and 2) the portions of the current public right-of-way which will be vacated (“ Vacation Area”) proposed roadway design containing portions of the public right-of-way after the Vacation Area is vacated from the public right-of-way incorporates sidewalks, roadway lanes, and bicycle lanes that meet all applicable design standards, including requirements for width and materials. The design maintains adequate access throughout the area and does not result in any obstruction to public access, and 3) although a portion of the Property has been used for public parking purposes, it is not essential for the agency’ s operational needs and thus appropriately declared as surplus land. (See Airport Business Center v. City of Santa Rosa et al. (2025) 116 Cal.App.5th 501.)
2328
CC 04-01-2026 Searchable Packet
2328 of 2331
Resolution No. 26-025

Page 4 ends

Section 4. In accordance with state law, based on the evidence in the public record, the Property will developed as a 100 percent affordable housing project with all rentable residential units restricted to persons and families of low or moderate income, such that at least 75 percent of the rentable residential units will be restricted to lower income households at an affordable rent for more than 55 years and in no event shall the maximum affordable rent level be higher than 20 percent below the median market rents for the local neighborhood, in compliance with the exemption codified at California Government Code subsection 54221( f)(1)(F)(i).

Section 5: The City’ s General Plan and associated Housing Element explicitly anticipate the disposition of the Property, including vacation of the on-street parking for the purpose of developing a 40-unit, two-story affordable ( 100% Low and Very Low Income) housing project, consisting of 39 below market residential units, of which 19 units will be reserved for residents with intellectual or developmental disabilities, and 1 manager’ s unit.

Section 6: The proposed roadway design after development incorporates sidewalks, roadway lanes, and bicycle lanes that meet all applicable design standards, including requirements for width and materials. The design maintains adequate access throughout the area and does not result in any obstruction to public access.

Section 7: The Property is “ exempt surplus land”, as the Property is to be conveyed in fee to a nonprofit developer for the development of affordable housing that will be governed by a Regulatory Agreement, attached hereto as Attachment B, in accordance with the requirements of California Government Code section 54221( f)(1)(F)(i), that shall be recorded against the Property when the Property is transferred to the developer and which ( i) restricts the affordability of the residential rental units for 99 years; ( ii) prevents the maximum affordable rent level from being higher than 20 percent below the median market rents for the neighborhood in which the site is located, and (iii) shall run with the land and be enforceable against the Property and any owner of the Property who violates the covenant.

Section 8: The City Manager or her designee is authorized to do all things which she may deem necessary or proper to effectuate the purposes of this Resolution.

Such actions include, but are not limited to, filing appropriate information with 2329
CC 04-01-2026 Searchable Packet
2329 of 2331
Resolution No. 26-025

Page 5 ends

the California Department of Housing and Community Development in accordance with the Act.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of March, 2026 by the following vote:

Members of the City Council
AYES: Moore, Fruen, Mohan
NOES: Chao, Wang
ABSENT: None
ABSTAIN: None
Kitty Moore, Mayor
City of Cupertino
3/5/2026_____________________
Date
ATTEST:

Lauren Sapudar, Acting City Clerk Date
3/5/2026
2330
CC 04-01-2026 Searchable Packet
2330 of 2331
2331
CC 04-01-2026 Searchable Packet
2331 of 2331

Cupertino City CouncilApril 1, 2026

Cupertino City Council
April 1, 2026