Cupertino City Council
June 2, 2026

TABLE 5-SUMMARY OF NON-SFR PARCELS
I Total Total SFE per
land Use Category Parcels* Acres* % I A** Acre
Multi-Family (Apartments) 79 200 65% 6.95
Commefcial /Retail/ Industrial 256 441 85% 9.09
Office 217 372 65% 6.95
C:hurch / Institutional 39 98 55% 5.88
School (w/playfield) 16 329 40% 4.28
Park 3 53 15% 1.60
Vacant (developed) 134 153 5% 0.53
Open Space/ Agricultural 240 1,192 na
TOTAL 984 2,837
• Tota I Pa rce Is and Acres do not factor into th e bas is of the SFE ca I cu l a tion ; they a re shown for info rmationa I purpose s only.
0 %IA is taken fro m Appendix B
Each individual parcel's SFE is then calculated by multiplying the parcel size (in acres9) times the SFE per acre for that land use category, as shown in the following formula:

SFE = Parcel Size (acres) x SFE per Acre
DEVELOPED VACANT10 PARCELS
Developed vacant parcels are devoid of obvious structures or improvements but are distinguished from undeveloped vacant land by one of several characteristics. Typically, a developed vacant parcel has been graded to be ready for building construction (possibly as part of the original subdivision or adjacent street grading). In some cases, the parcel previously contained a structure or improvement that has been removed, but its fundamental alteration from a natural state remains. Although developed vacant parcels may have significant vegetative cover, the underlying soil conditions resulting from grading work or previous improvements usually cause some rainfall to runoff into the storm drainage system.

The %IA for developed vacant parcels is reasonably assumed to be 5%, which is also used as a minimum value of imperviousness for any land use type (excluding open space and agricultural land - see next section). Vacant parcels that have significant impervious paving remaining from prior improvements may be classified as Commercial or some other classification best representing the %IA of the parcel. 9 Parcel size for non-SFR parcels is calculated to the tenth of an acre or portion thereof. 10 "Vacant" in this Report refers to land that is devoid of improvements. It does not refer to land with vacant buildings or improvements, which would continue to shed water to the MS4 the same as if they were occupied.
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OPEN SPACE AND AGRICULTURAL PARCELS ARE Nor CHARGED
The City's storm drain system was developed in response to land development over the many decades. Tracts of land that have not yet been developed, or have been used primarily for agricultural purposes, have not created an impact on the system beyond the natural condition, and are therefore considered to receive no service from the system, In practical terms, these parcels generate no additional storm runoff beyond the natural condition. For these reasons, open space and agricultural parcels are not charged a Fee.

HYBRID PARCELS
Some parcels may have both improvements as well as significant open space areas, For such parcels that contain a residence, the open space acreage does not increase the fee because residential parcels are not charged on a per-acre basis. Rather, they are charged based on the median ISA for that size category.

For such parcels that contain non-residential improvements (which are charged on a peracre basis), the chargeable acreage should be adjusted downward to reflect the improved area only, leaving the open space area "invisible" to the fee calculation. Where parcels have been found in this category, that acreage adjustment has been made.

Low IMPACT DEVELOPMENT RATE ADJUSTMENT

CITY OF CUPERTINO
The current NPDES Permit requires certain properties to construct stormwater treatment and attenuation facilities1 also known as low impact development ("LID"), These facilities are typically designed to capture a portion of the storm flows, retain them, and enable them to infiltrate into the ground. While this is intended to help filter pollutants from the water, it also can reduce the parcel's stormwater runoff quantity to some extent, which in turn can reduce a parcel's impact on the system. In addition to NPDES-required L'ID1 other parcel owners may elect to follow LID guidelines voluntarily.

The section of the MRP that requires LID facilities is Provision C.3 (New Development and Redevelopment). Compliance with C.3 is a well-established and convenient metric on which to base customer activities that further Program goals and affect Program costs. C.3 compliance can have impacts to many of the Program elements. In order to analyze the extent to which C.3 compliance will impact Program costs, each Program element was rated with one of four impact levels: none (0%), minor (25%), medium (50%), and major (80%.).

By applying those impact levels to the costs of each Program element, it was determined that compliance with Provision C.3 equates to approximately 25% of the overall Program costs. Table 6 below shows the results of that analysis.

Based on that analysis, a commensurate reduction in the fees for certain CJ-compliant parcels is warranted. However, C.3 compliance brings with it some additional administrative burdens to verify ongoing compliance. While this burden is relatively minor, for single-family parcels where the annual fee is also relatively small, the administrative burden negates the LID benefits to the program. Therefore, single-family residential parcels do not qualify for the reduced fee. Conversely, C.3 compliance for condominiums is typically accomplished on a collective basis, so the minor administrative burden is spread across many parcels 2019 CLEAN WATER AND STORM PROTECTION FEE REPORT
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making it insignificant. Therefore, a 25% red uction in fees will be applied to all C.3-compliant parcels that are either non-single-family or condominium.

TABLE 6- Low IMPACT DEVELOPMENT RATE ADJUSTMENT ANALYSIS E ... :, ... OJ 0 ·- 0 i
~
C C "'D -
_ _____ MRP Provision ____ L _~ ___ f __ :[ ____ _ __ _ _ Notes _____ _ Operations & Maintenance
Program Management
C.2 Municipal Operations
Clean Water Program
Cl
C.2
C.3
C.4
C.5
C.6
c.7
C.8
C.9
C.10
C.11
C.12
C.13
C.17
Permit Compliance
Municipal Operations
New Development and
Redevelopment
Industrial and Commercial
Site Controls
Illicit Discharge Detection and
Elimination
Construction Site Control
Publlc Information and
Outreach
Water Quality Monitoring
Pesticides Toxicity Control
Trash load Reduction
Mercury Controls
PCBs Controls
Copper Controls
Annua l Reports
Bm Does not lessen Program Management
burden
Reduces storm flows in minor storm,
reducing burden on operations
Is a small part of overall Program
Compliance
Does not lessen Municipal Operations
compliance burden
Is all about C.3
Provides controls
Does not lessen Illicit Discharge burden
Does not lessen Construction Controls
burden
Aids In educating property owners
Does not lessen WQ Monitoring burden
Capture & infiltration may filter out
pesticides
Many C.3 devices are considered a
partial trash capture device
Capture & infiltration may filter out
pollutants
Capture & infiltration may filter out
pollutants
Capture & infiltration may filter out
pollutants
Does not lessen reporting requirements

STORMWATER FEE CALCULATION

CITY OF CUPERTINO
The primary metric in this analysis is the SFE as illustrated above. To arrive at the fee amount for the various land use categories, the total City-wide SFEs must be divided into the total revenue requirement to arrive at the rate per SFE. Using the analysis above, that calculation is represented by the following formula:
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CITY OF CUPERTINO
SFERate
Annual Revenue Requirement
Total SFEs
Or, using numbers from the analysis:

SFE Rate =
$1 ,097,787
24,713.810
= $44.42 per SFE

This SFE rate amount is then multiplied by the SFEs per parcel or acre for the various land use categories to arrive at the Stormwater Fee Rate Schedule shown in Table 7 below.

TABLE 7- PROPOSED 2019 CLEAN WATER & STORM PROTECTION FEE SCHEDULE l Proposed Fee
_ ~ land Use Category SF~_ ~~t_e_ _ FY 2019-_20
Single-Family Residential *
Small (under 0.13 acre) 0.824 $ 36.58 per parcel - Medium (0.13 to 0.22 acre) 1.000 $ 44.42 per parcel Large (0.23 to 0.40 acre) 1.251 $ 55.58 per parcel
Extra Large (over 0.40 acre) 2.396 $ 106.42 per parcel
Condominium 1 (1 story) 0.824 $ 36.58 per parcel -.

Condominium 2+ (2+ stories) 0.270 $ 11.99 per parcel - Non-Single-Family Residential * * Multi-Family Residential 0.695 $ 30.88 per 0.1 acre
Commercial/ Retail/ Industrial 0.909 $ 40.38 per 0.1 acre Office 0.695 $ 30.88 per 0.1 acre
Church/ Institutional 0.588 $ 26.13 per 0.1 acre
School (w/playfield) 0.428 $ 19.00 per 0.1 acre
Park 0.160 $ 7.13 per 0.1 acre
Vacant (developed) 0.053 $ 2.38 per 0.1 acre
Open Space/ Agricultural no charge
Low Impact Development Adjustment • 0 25% Fee Reduction • SFR category also includes duplex, triplex and four-plex units. '* Non-SFR parcel size is calculated to the tenth of an acre or portion thereof. •** Low Impact Development Adjustment only applies to condominium and non-single-family properties.
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P ga 14

ANNUAL COST INDEXING
The 2019 Clean Water and Storm Protection Fee is subject to an annual adjustmen! tied to the Consumer Price lndex~U for the San Jose Area as of December of each succeeding year (the "CPI"), with a maximum annual adjustment not to exceed 3%. Any ,change in the CPI ih excess of 3% shall be cumulatively reserved as the ''Unused CPI" and shalli be used to increase the maximum authorized rate in years in which the CPI is less than 3%. The maximum authorized rate is equal to the maximum rate in the first fiscal year the Fee was approved adjusted annually by the lower of either 3% or the change in the CPI plus any Unused CPI as described above.

MANAGEMENT AND USE OF STORMWATER FUNDS

CITY OF CUPERTINO
The City shall deposit into a separate account(s) all 2019 Clean Water and Storm Protection Fee revenues collected and shall appropriate and expend such funds only for the purposes outlined by this Report. The specific assumptions utilized in this Report, the specific programs and projects listed, and the division of revenues and expenses between the two primary categories (Clean Water and O&M) are used as a reasonable model of future revenue needs and are not intended to be binding on future use of funds , The specific assumptions utilized in this Report, the specific programs or projects listed, and the division of revenues and expenses between the two primary categories (Glean Water and O&M) are used as a reasonable model of future revenue needs and are not intended to be binding on future use of funds.

Dated: February 20, 2019
Engineer of Work
By ?(~
Jerry Bradshaw, License No. C48845
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aeh

APPENDICES

APPENDIX A- REGULATORY ASSESSMENT & COST AND REVENUE ANALYSIS

CITY OF CUPERTINO
On the following pages is a regulatory assessment and cost and revenue analyses, drawn from a technical memorandum prepared for this project by Larry Walker Associates, The information contained in this Appendix forms a basis for the fee calculations in the main body of this Fee Report and is referenced as appropriate.
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Memorandum
DATE :

TO :

SUBJECT:

Cc:

Febmaiy 20, 2019
Susan Barnes, SCI Consulting Group
Fee Study Report: Regulatory Assessment
& Cost and Revenue Analysis
Jerry Bradshaw, SCI Consulting Group
Cheri Donnelly, City of Cupertino
Jo Anne Johnson, City of Cupe1iino
Karen Ashby, Lany Walker Associates

1. INTRODUCTION

L A R R Y
WALKER

ASSOCIATES
Rachel Warren
Airy Krich-Brinton
1480 Drew Ave., Suite 100
Davis, CA 95618
530.753.6400
[email protected]
Alr{[email protected]
In the early l 990s, in response to the federal Clean Water Act (CWA) amendment of l 987 to address urban stonnwater runoff pollution from Municipal Separate Storm Sewer Systems (MS4s) and the pending federal National Pollutant Discharge Elimination System (NPDES) regulations that would implement the amendment, the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) issued municipal stormwater Phase 1 NPDES pennits to the countywide urban areas of Santa Clara, Alameda, San Mateo, and Contra Costa.

These countywide areas had individual pennits until 2009, when the Regional Water Board issued a Mwlicipal Regional Stormwater Pennit (MRP). L The MRP was subsequently reissued in 2015.2
The current MRP regulates stonnwater discharges from municipalities in Alameda, Contra Costa, San Mateo, and Santa Clara counties (including the City of Cupe1ii110 ), as well as the cities of Fairfield, Suisun City, and Vallejo in Solano County. The MRP includes requirements for the following components, including an increased focus on requirements for control of specific pollutants to address some of the more persistent water quality issues:
• C. l Discharge Prohibitions and Receiving Water Limitations • C.2 Municipal Operations
• C.3 New Development and Redevelopment
• C.4 Industrial and Commercial Site Contra.ls
• C.5 Illicit Discharge and Elimination
• C.6 Conshuction Site Controls
• C.7 Public Lnfmmation and Outreach
1 Order R2-2009-0074 .is amended by Order No. R2-201 L-0083 2 Order No. R2-20 IS-0049
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• C.8 Water Quality Monitoring
• C.9 Pesticides Toxicity Controls
• C. l O Trash Reduction
• C.11 Mercury Controls
• C.12 PCB Controls
• C.13 Copper Controls
• C. l 4 Bacterial Controls
• C.15 Exempted and Conditionally Exempted Discharges
• C.16 Discharges to Areas of Special Biological Significance • C.17 Annual Repo1ts
The City of Cupertino (City) is committed to water quality and watershed stewardship by continuing to build a safer, healthier, and more aesthetically pleasing community through programs, initiatives, and ordinances that align with MRP activities. Over the years, the range of actions taken by the City bas greatly increased in response to evolving regulatory requirements and commwtity needs.

As a part of the stormwater program initiative1 tbe City leverages its resomces by paiticipating in a comprehensive effort in the Santa Clara Valley, the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), which was initiated in 1990 and is organized, coordinated, and implemented in accordance with a memorandwn of agreement (MOA) between its 15 member agencies. The Santa Clara Valley collaboration is further supplemented by participation in the regional Bay Area Stormwater Management Agencies Association (BASMAA). In addition to directly benefitting member agencies with access to better science, the regiona] collaborations enhance technical approaches and ensure consistent messaging to the public and community decision makers. Implemented when the fast stonnwater pennits were issued to Santa Clara Valley pe1mittees, the coJlaboration has effectively assisted member agencies in maintaining storm.water programs that achieve federally and State-mandated water quality regulations.

The putpose of this Technical Memorandum is to develop a planning-level cost estimate for the full costs of implementing the stormwater program, which may be used to support a funding measure for the City·s st01m drain operations and maintenance and Clean Water Program needs.

The assessment includes a summary of known revenues and estimates of p1ior year, current year, and future implementation costs of the stormwater program.3 This info1mation may also he used in the future to budget program funding and/or to identify other potential funding sources, This memorandum is organized as follows:
l . Introduction

2. Approach

3. Results and Discussion

3.1. Overall Summary

3.2. City Expenditures
3 Prior year is fiscal year 2017-2018; current is fiscal year 2018-2019; future 1s fiscal years 2019-2020 through 2023-2024.

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2. APPROACH
To understand the funding needs for the stormwater program, the 'true' costs for full implementation of the MR.P requirements must be understood. However, tracking and compiling staff time and resources across multiple departments can be a complex and time-consullling process. To identify the implementation costs for the City as comprehensively and efficiently as possible, an interview was conducted with key City staff, which included stmctured questions and discussions regarding the agency's staffing, implemei1tation approach for the range ofMRF requirements prior and cuiTent stormwater program revenues, and the estimated costs for program implementation. The revenues and expenditures were compiled and assigned to two main categories, which reflects how the City generally allocates funds to implement its day-today stormwater-related operations:
• Operations and Maiutenance (O&M): This includes ongoing and routine ac6vities supp01ti.11g the O&M of the stormwater infrastructure, including inspection and cleaning of storm drain inlets, st01m cl.rain lines, and trash capture devices, as well as street sweeping management (prin1ariJy MRP provision C.2).
• Clean Water Program: This includes ongoing and routine activities that are directly related to water quality improvement., such as implementation of the MRP requirements, participation in the SCVURPPP, clean creek programs, community outreach, business and construction site inspections street sweeping, and implementation of the City's trash reduction plan (all MR.P provisions, with the exception of green infrastructure projects).

3. RESULTS ANO DISCUSSION
A summary and discussion of total City costs for implementation of the MRP during the prior year (2017-2018) current year (2018-2019), and future years (2019-2020 through 2023-2024), is provided within this section. The cost information is presented io two ways: a summary of City expenditures by cost category (O&M and Clean Water Program) (3.1. Overall Summary) and a detailed breakdown of expenditures (3.2. City Expenditures) as they relate to the two cost categories. The approach and assumptions used to develop each of these summaries are desc1ibed below. All costs are in present-value dollars.

3.1. Overall Summary
Costs for the full implementation of the stormwater program were estimated based on budgetary and supplemental infonnation provided by the City, The approach and assumptions used were as follows:
• The revenue and expenditures for 2017-2018 and 2018-2019 were based on the City 's 2018 and 20 I 9 Adopted Budgets.
• Futme revenue was assumed to be the same as that for the ciment fiscal year, 2018-2019 without the transfers in from the General Fund (i.e., $379 000) (Table 1). • The category-specific expenditure totals in Table 2 were taken directly from the detailed City Expenditures for 2017-2018 tlu·ougb 2023-2024 (see Section 3.2, Table 4). • Future cost projections were based on the available costs from 2017-2018, information obtained during City staff interviews, and a percentile multiplier (3% for personnel costs and non-personnel costs and 3.57% for participation in SCVURPPP). Additional details Appendix A 2019 Clean Water and Storm Protection Fee Report Page 18 204
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regarding assumptions for futurn, potential cost i.ncrnases related to specific MRP provisions are provided in 3.2. City Expenditures.

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The estimated revenue for 2017-2018 through 2023-2024 is shown in Table 1 and Figure I.

Table 1. Overall Summary of Revenue
- PriorlaJ CurrentCaJ Future - Projected
Revenue Category 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 O&M Fund 100-85
Total Fund Revenue $1,700 $0 $0 $0 $0 $0 $0
Transfer in (General Fund) $448,250 $476,503 $0 $0 $0 $0 $0 Clean Water Program Fund 230-81
Fines and forfeitures $6,000 $9,000 $9,000 $9,000 $9,000 $9,000 $9,000 Charges for services $380,000 $370,000 $370,000 $370,000 $370,000 $370,000 $370,000 Transfer in (General Fund) $375,720 $341 ,785 $0 $0 $0 $0 $0 Total Revenue $1,211,670 $1,197,288 $379,000 $379,000 $379,000 $379,000 $379,000 [a] Values are from the City's Fiscal Year 2018-2019 Adopted Budget' (2018 Adopted Budget and 2019 Adopted Budget for both Non-Point Source (Fund 230-81 ) (p. 407-409) and Storm Drain Maintenance (Fund 100-85) (p. 434-435)).
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The total estimated expenditures for 2017-2018 and 2018-2019 (based on the 2018 and 2019 Adopted Budgets) and the total estimated expenditures for the next five years, organized by cost category, are shown in Table 2 and Figure 1.

Table 2. Overall Summary of Total Estimated Costs for MRP, by Cost Category and Fiscal Year Prior[a] CurrentCaJ Future - Projected
Cost Category 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 O&M $449,950 $476,503 $552,000 $569,000 $586,000 $603,000 $622,000 F1,md 1 00-S5
Clean Water Program $761,720 $720,785 $891,000 $918,000 $964,000 $994,000 $1,025,000 Fund 230-81 Total Expenses $1,211,670 $1,197,288 $1,443,000 $1,487,000 $1,550,000 $1,598,000 $1,646,000 [a] Values are from the City's Fiscal Year 2018-2019 Adopted Budget' (2018 Adopted Budget and 2019 Adopted Budget for both Non-Point Source (Fund 230-81) (p. 407-409) and Stonn Drain Maintenance (Fund 100-85) (p. 434-435)),
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$1,800,000
$1,600,000
$1,400,000
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
$0
17-18 18-19 19-20 20-21 21-22 22-23 23-24
- o&M, Fund 100-85 - clean Water Program, Fund 230-81 Total Revenue Figure 1. Overall Summary of Total Estimated Costs and Revenue for MRP, by Cost Category and Fiscal Year

3.1.1. Overall Summary: Discussion
Below are a few key observations regarding the overall estimated expenditw·es:
• During the observed time period, the estimated cost of stoimwater program implementation will exceed the estimated, dedicated revenue (Figure 1). • The Clean Water Program costs account for the larger portion (62%, as a seven-year average) of the City's stormwater-related costs.
• Overall, it is anticipated that the City's stormwater program will spend similar percentages on O&M and the Clean Water Program annually. Additional, one-time cost increases are included for the Clean Water Program in FY 2021-2022, based on potential increases in MRP requirements (as described in 3.2. City Expenditures). • Based on the information available and the assumptions made, the total cost of the sto1mwater program is expected to increase by 36% between 2017-2018 and 2023-2024 (Figure 1). However, it should be noted that the cost increase could be greater depending upon the requirements of the final, renewed MRP.
o Between 2018-2019 and 2019-2020, a 21 % increase in the total cost of the sto11nwater program is anticipated to occur. This increase is based on a thorough evaluation of the City personnel and non-personnel costs required to implement the current MRP provisions and provide stmm protection (as described in 3.2. City Expenditures).

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3.2. City Expenditures
osts for the implementation of the storm water program for the MRP were estimated based on budgetaiy and supplemental information provided by the City. When detennining which costs to include, the City consider d, at a rn.inimum, the following:
• Labor·
• Materials;
• Contract Services;
• Contingencies; and
• Cost Allocation.

The following key pieces of infonnation were provided by the City:
• "Fund 230-81 - Environmental Programs FY17 _ 18 Expenctitw·e (Actual)" spreadsheet, which details the expenditures for the Clean Water Program by expense type for FY 2017-2018.
• 'Fund 230-81 - Environmental Programs FY 17 _ 18 Revenue (Actual) ' spreadsheet, which details the revenues for the Clean Water Program by expense type for FY 2017- 2018.
• "Fund 230-81 - Environmental Programs FY] 8 _ 19 Expenditure (Budget)' spreadsheet, which details the amended budget and expenditures to date fol' the Clean Water Program by expense type for FY 2018-2019.
• "Fund 230-81 -Environmental Programs FY18_19 Revenue (Budget)" spreadsheet, which details the amended budget and revenues to date for the Clean Water Program by expense type for FY 2018-2019.
• '100-85-818 FY17 _ 18 Expense (actual)" spreadsheet, which details the expenditures for O&M by expense type for FY 2017-2018.
• '100-85-818 FYl8_19 Expense (Budget)" spreadsheet, which details the amended budget and expenses to date for O&M by expense type for FY 2018-2019. • Hard copy tables describing the staff positions under '230-81-802 Env Mgmt Cln Crk Stnn Drain - Environmental Programs - Non Point Sow·ce'' and FTE- General Fund. ' • Hard copy "Resolution 18-039, Schedule B- Engineering" describing the various fees effective July 1, 2018.
• The City's Fiscal Year 2018-2019 Adopted Budget6 detailing the revenue, expenditure, and General Fund Costs for the 2018 adopted Budget and 2019 Adopted Budget for both Non-Point Source (Fund 230-81) (p. 407-409) and Storm Drain Maintenance (Fund 100- 85) (p. 434-435).
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The approach and assumptions used were as follows:
• All costs were id ntified as O&M Costs or Clean Water Program Costs (Table 4). • The City s "Cost Allocation" for each fund, which includes overhead costs such as Human Resow-ces, Finance1 and lnfo1mation Technology Support, are divided as follows:
o The fulJ Cost Allocation amount for O&M (Fund l 00-85) is accounted for under Provision C.2.
o The Cost Allocation amount for Clean Water Program (Fund 230-81) is allocated propmtionally to specific. !v1RP provisions based on the identified labor costs. • The City's contribution to SCVURPPP was detennined as follows:
o Based on the Memorandum of Agreement, the Cityf s rumual, propo1tional cost share is 2.46% of the annual SCVURPPP Program Budget.
o The City's payment h.istory (JuJy 2008 through July 2018) wa~ used to determine the average annual increase in the City's contribution (3.57%). Thjs multiplier was used to estimate contributions for future years.
o The total SCVURPP contribution was distributed equally amongst the MRP provisions (C.2 through C.13).
• Future costs were projected as follows:
o Future projections were based on the available costs from 2017-2018 and a percentile multiplier (3% for personnel costs and non-personnel costs and 3.57% for participation in S VURPPP). This is based on preliminary feedback from Regional Water Board staff that the MRP should oat change significantly. However, if significant changes are made to the MRP during the renewal process, then the estimates should be modified accordingly.
o Implementation costs for specific MR.P provisions are anticipated to require an additio11al increase dwing the first year of the next l\.1RP tem,.7 These increases were applied as additive percent increases only for FY 2021-2022. These are preliminary estimates, and the actual cost increases are to be detennined upon adoption of the new MRP. These provisions, the anticipated, potential cost increase for each, and the rationale for the potential increase are as follows:
- C.3 New Development and Redevelopment (5%). This estimated increase is based on potential expansion of the C.3 requirements to small projects and single-family residences, which would necessitate updating the application materials and guidance, including the C.3 Technical Guidance. In addition, there will be increased costs associated with enhanced O&M requirements for green infrastmcture projects. This does not include costs for implementation/instatlation of green infrastmcture projects. 7 The cu1Tent NlRP expire on December 31, 2020. If the MRP is reissued on schedule, the new MRP will begin to be implemented on January 1, 2021. The e increases have been applied to the anticipated, first full year of implementation of the new MRP, beginning July I, 2021 .

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- C.10 Trash Load Reduction (7.5°/c>), This estimated increase is based on anticipated, new monitoring/assessment costs and implementation reqt1irements, including the assessment of private catchments. In addition, by 2022, the City wit I need to achieve 100% reduction of the trash load from its base trash generation level; based on the 2017-2018 Annual Report the City is cun-ently achieving 93% reduction.
- C.11 Mercury Controls and C.12 Polychlorioated Bipbenyls (PCBs) Controls (7.5%}. This estimated increase is based on implementation of new programs for building demolition to address mercmy and PCBs. - C.17 Annual Reports (5%). This estimated increase is based on anticipated changes in reporting requirements and the potential for some increased costs related to electronic reporting (via EPA) and cost repmting (via the state). o No incremental projections were made for expenses described as "one-time costs." The total expenditures for 2017-2018 (prio year) and 2018-2019 (cw-rent year), based on the adopted budgets for those years, and the total, estimated expenditmes for the next five years (:fut1ire), organized by cost category (fund) and MRP provision, are shown in Table 4.8 Only total fund values are included foT 2017-2018 and 2018-2019. 8 The total cost for each cost category (fund) are also summarized in Table 2, Appendix A 2019 Clean Water and Storm Protection Fee Report Page 26 212
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Table 4. City Estimated Expenditures for MRP, by Cost Category (Fund) and Fiscal Year PriorlaJ CurrentCaJ
Fund MRP Provision 2017-2018 2018-2019 2019-2020
Fund 100-85, Operations & Maintenance
Program Management $59,000
C.2 Municipal Operations $493,000
Fund Total $449,950 $476,503 $552,000
Fund 230-81, Clean Water Program
C.1 Permit Compliance $23,000
C.2 Municipal Operations $148,000
C.3 New Development and Redevelopment $70,000
C.4 Industrial and Commercial Site Controls $83,000
C.5 Illicit Discharge Detection and Elimination $129,000 C.6 Construction Site Control $43,000
C.7 Public Information and Outreach $118,000
C.8 Water Quality Monitoring $11 ,000
C.9 Pesticides Toxicity Control $21 ,000
C.10 Trash Load Reduction $130,000
C.11 Mercury Controls $24,000
C.12 PCBs Controls $51,000
C.1 3 Copper Controls $11,000
C.17 Annual Reports $29,000
Fund Total $761,720 $720,785 $891,000
Total $1,211,670 $1 ,197,288 $1,443,000
-
2020-2021
Future - Projected£bl
2021-2022
$61 ,000 $63,000
$508,000 $523,000
$569,000 $586,000
$24,000 $25,000
$153,000 $157,000
$72,000 $77,000
$86,000 $88,000
$133,000 $137,000
$44,000 $46,000
$122,000 $126,000
$11,000 $12,000
$21,000 $22,000
$134,000 $148,000
$25,000 $27,000
$52,000 $57,000
$11,000 $12,000
$30,000 $33,000
$918,000 $964,000
$1 ,487,000 $1 ,550,000
202.2-2023 2023-2024
$65,000 $67,000
$539,000 $555,000
$603,000 $622,000
$25,000 $26,000
$162,000 $167,000
$80,000 $82,000
$91,000 $94,000
$141,000 $145,000
$47,000 $49,000
$129,000 $1 33,000
$12,000 $1 3,000
$23,000 $23,000
$152,000 $157,000
$27,000 $28,000
$59,000 $61 ,000
$12,000 $13,000
$34,000 $35,000
$994,000 $1,025,000
$1,598,000 $1,646,000
[a] Values are from the City's Fiscal Year 2018-2019 Adopted Budget" (2018 Adopted Budget and 2019 Adopted Budget for both Non-Point Source (Fund 230-81) (p. 407-409) and Storm Drain Maintenance (Fund 100-85) (p. 434-435)).
[b] Each value for the fiscal years under the "Future - Projected" column is considered to be estimated and has been rounded to the nearest $1 ,000; thus, summing individual values may result in a slightly different total than those shown in the "Fund Total" and "Total" rows. 9 http ://www .cupertino.org/home/ howdocument?id=2 l 776 Appendix A 2019 Clean Water and Storm Protection Fee Report Page 27 213
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PAGE28
APPENDIX 8-PERCENTAGE OF IMPERVIOUS AREA ESTIMATIONS

CITY OF CUPERTINO
Section 2.2.3 of the Storm Drain Master Plan (SDMP, 2018) provided information about the percentage of impermeable area (%IA) for various land use types. Table 8 below summarizes that information.

TABLE 8- PERCENT OF IMPERVIOUS AREA FROM STORM DRAIN MASTER PLAN :Land Use % I A --------------
Commercial/Industrial 85
Very Low Density Res. 35
Low Density Res. 55
Low-Medium Density Res 70
Medium Density Res 80
High Density Res . 75
Medium-High Density Res. 70
Open Water 100
Parks/Open Space 15
Publ ic (Schools, Gov't, etc.) 45
Quasi-Public/Institutional 65
Transportation/Right of Way 90
Undeveloped 0
Several of the SDMP land use types were the same as the rate categories for this Report.

However, some of the rate categories in this Report did not precisely match the land uses in the SDMP, so adjustments were made. Table 9 below shows the SDMP categories on the left side and the Fee Report rate categories on the right side. The ones in green matched sufficiently to use them outright. The ones in beige required some adjustments, which are explained below the Table.
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Pag..i 29
TABLE 9- PERCENTAGE OF IMPERVIOUS SURFACE FROM STORM DRAIN MASTER PLAN I _ Storm_ Drain_Ma_st_e_!_!>lan _ _ ~ __ __fe~ Repo_rt _ Low-Medium IDensity Res 70 7,0 Small SFR
Low Density Res. 55 55 Medil!Jm SFR
45 Large SFR
Very low Density Res. 35 35 Very Large SFR
Quasi-Public/Institutional 65 65 Multi-fam
Colil'lmercial/lndustrial 85 85 Comm/ln€lusl
Ql!lasi-Pul!Jlic/lnstitutional 65 65 €:Jf.fice
Public (Schools, Gov't, etc.) 45 55 Institutional
40 Schools
Parks/Open SJ!)ace 15 Il.5 Pa~~s
Undeveloped 0 5 Vacant
0 Open Space
EXPLANATION OF ADJUSTMENTS TO %IA
• Large Single-Family Residential- This category falls between the Medium and Very Large categories without a corresponding land use in the SDMP. That gap was split evenly to arrive at a %IA of 45%. This created an array of %IA for the residential rate categories that aligns well with other communities and associated fee reports. • Institutional & Schools - The SDMP grouped schools with other governmental uses, however the Fee Report distinguishes between governmental/institutional uses and schools (with play field areas). The SDMP blended rate of 45% was used as a basis to split the Fee Report categories to arrive at %IA values of 55% and 40%, respectively. Again, these values align relatively well with other communities and associated fee reports.
• Vacant & Open Space - The SDMP assigned a value of 0% for the undeveloped land use while the Fee Report distinguishes between open space/natural terrain and vacant land that has been developed (but not improved). It is assumed that the SDMP blended the two categories, which was split for the Fee Report categories to arrive at %IA values of 5% and 0%, respectively. Further justification for the %IA of zero for open space land is provided in the body of the Fee Report. Again, these values align relatively well with other communities and associated fee reports. 2019 CLEAN WATER AND STORM PROTECTION FEE REPORT
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APPENDIX C- ST0RMWATER RATES FROM OTHER MUNICIPALITIES

CITY OF CUPERTINO
There have been relatively few voter-approved local revenue measures in the past 15 years to support stormwater programs in California. A summary of those efforts plus some others in process or being studied is shown in Table 10 on the following page, in roughly chronological order. Amounts are annualized and are for single family residences or the equivalent.
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TABLE 10- RECENT STORM DRAIN BALLOT MEASURES
I Annual
Municipality Status R Year Mechanism ate
San Clemente
Carmel
Palo Alto
Los Angeles
Palo Alto
Rancho Palos Verde
Encinitas
Ross Valley
Santa Monica
San Clemente
Solana Beach
Woodland
Del Mar
Hawthorne
Santa Cruz
Burlingame
Santa Clarita
Stockton
County of Contra Costa
Santa Clara Valley Water
District
City of Berkeley
County of LA
San Clemente
Vallejo San & Flood
Culver City
Palo Alto
Town of Moraga
City of Berkeley
Los Angeles Flood
Control
City of Los Altos
City of Alameda
County of San Joaquin
City of Sacramento
City of Salinas
City of Santa Clara
County of San Mateo
County of El Dorado
County of Orange
County of Ventura
Successful
Unsuccessful
Unsuccessful
Successful
Successful
Successful , then recalled and
reduced
Unsuccessful
Successful, Overturned by
Court of Appeals, Decertified
by Supreme Court
Successful
Successfully renewed
Non-Bal loted, Threatened by
lawsuit, Balloted, Successful
Unsuccessful
Successful
Unsuccessful
Successful
Successful
Successful
Unsuccessful
Unsuccessful
Successful
Successful
Deferred
Successful
Successful
Successful
Successful
Unsuccessful
Successful
Successful
In Process
Studying
Studying
Studying
Studying
Studying
Studying
Studying
Studying
Studying
$
$
s
s

60.15 1

38.00 57.00

28.00 $ 120.00
2002
2003
2003
2004
2005
Balloted Property-Related Fee
Balloted Property-Related Fee
Balloted Property-Related Fee
Special Tax - G. 0. Bond
Balloted Property-Related Fee
S 200.00 2005, 2007 Balloted Property-Related Fee
$ 60.00 2006
s 125.00 2006
s 87.00 2006
s 60.15 2007
s 21.84 2007
s 60.00 2007
$ 163.38 2008
$ 30.00 2008
s 28.00 2008
s 150.00 2009
$ 21.00 2009
s 34.56 2009
s 22.00 2012
s 56.00 2012
varies 2012
$ 54.00 2012
$ 74.76 2013
s 23.00 2015
$ 99.00 2016
s 163.80 2017
$ 120.38 2018
$ 42.89 2018
s 83.00 2018
NA NA
NA NA
NA NA
NA NA
NA NA
NA NA
NA NA
NA NA
NA NA
NA NA
Non-Balloted Property-Related
Fee adopted in 2004,
challenged, balloted and failed
in 2006
Balloted Property-Related Fee
Special Tax
Balloted Property-Related Fee
Non-Balloted & Balloted
Property-Related Fee
Balloted Property-Related Fee
Balloted Property-Related Fee
Balloted Property-Related Fee
Special Tax
Balloted Property-Related Fee
Balloted Property-Related Fee
Balloted Property-Related Fee
Balloted Property-Related Fee
Special Tax
Measure M - GO Bond
NA
Balloted Property-Related Fee
Balloted Property-Related Fee
Special Tax
Balloted Property-Related Fee
Reauthorization of 2005 Fee
Balloted Property-Related Fee
Balloted Property-Related Fee
Special Tax
Balloted Property-Related Fee
Balloted Property-Related Fee
Balloted Property-Related Fee
Balloted Property-Related Fee
NA
Balloted Property-Related Fee
NA
NA
NA
NA
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CITY OF CUPERTINO

In addition to the agencies listed above in Table 10 that have gone to the ballot for new or increased Stormwater Fees, there are several other municipalities throughout the State that have existing Stormwater Fees in place. Some of these rates are summarized in Table 11 below. Amounts are annualized and are for single family residences or the equivalent.

The City's proposed $44.42 SFR rate is well within the range of stormwater rates adopted by other municipalities.

TABLE 11 - SAMPLE OF RATES FROM OTHER MUNICIPALITIES
. . 1. Annual f Munic1pa 1ty Type o Fee
Rate - - - - - - -
Bakersfield $ 200.04 Property-Related Fee
Culver City $ 99.00 Special Tax
Davis $ 84.94 Property-Related Fee
Elk Grove $ 70.08 Property-Related Fee
$ 190.20 Property-Related Fee
Hayward $ 28.56 Property-Related Fee
Los Angeles $ 27.00 Special tax
Palo Alto $ 136.80 Property-Related Fee
Redding $ 15.84 Property-Related Fee
Sacramento (City) $ 135.72 Property-Related Fee
Sacramento (County) $ 70.08 Property-Related Fee
San Bruno $ 46.16 Property-Related Fee
San Clemente $ 60.24 Property-Related Fee
San Jose $ 91.68 Property-Related Fee
Santa Cruz $ 109.08 Special Tax
Stockton* $ 221.37 Property-Related Fee
Vallejo Sanitation and Flood $ 23.64 Property-Related Fee Control District West Sacramento $ 144.11 Property-Related Fee
Woodland $ 5.76 Property-Related Fee
* This is the ca lcu lated average rate for the City of Stockton, which has 15 rate zones with rates ranging from $3.54 to $651.68 per year. 2019 CLEAN WATER AND STORM PROTECTION FEE REPORT
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City of Cupertino
Cupertino, California
Independent Accountant’s Report on
Applying Agreed-Upon Procedures
on 2019 Clean Water and Storm Protection Fee
For the Calendar Year Ended December 31, 2025
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6 Hutton Centre Drive, Suite 1200
Santa Ana, California 92707
INDEPENDENT ACCOUNTANT’S REPORT ON

APPLYING AGREED-UPON PROCEDURES
To the Honorable Mayor and the Members of the City Council of the City of Cupertino
Cupertino, California
We have performed the procedures enumerated below on the City of Cupertino, California (the “City”) in evaluating whether the 2019 Clean Water and Storm Protection Fee is in accordance with the provisions for the calendar year ended December 31, 2025. The City’s management is responsible for receipt of 2019 Clean Water and Storm Protection fees.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of assisting users in understanding the 2019 Clean Water and Storm Protection Fee. The City’s management has agreed to and acknowledged that the procedures performed are appropriate for its purposes. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures and associated findings are as follows:

1. We selected 100% of the revenue transactions recorded in the Environmental Management/Clean Creeks Special Revenue Fund (Fund 230) and recorded in the Charges for Services General Service Fees (GL account #230-81-802-450-405) for the period January 1, 2025 through December 31, 2025 and performed the following procedures:
a. Observed the Clean Water and Storm Protection fees have been deposited and recorded in Fund 230 within the account #230-81-802-450-405 per Section 3.38.160A of the Cupertino Municipal Code. b. Obtained the County tax remittance statement for each specific receipt (as provided by the County) and observed the cash collected in total on the statement agrees to the amount deposited in Fund 230 in accordance with Section 3.38.070 of the Cupertino Municipal Code, which specifies that the City elects to have fees collection on the tax roll in the same manner as property taxes. c. Obtained the City support (e.g., schedule of fees billed to property owners in situation where the fee was not included in the annual tax assessment) and observed the cash collected in total per the Schedule agrees to the amount deposited in Fund 230 in accordance with Section 3.38.090 of the Cupertino Municipal Code, which specifies that the City Finance Department bills out fees to property owners in situations where the fee was not included in the annual tax assessment.

Findings: No exceptions were noted as a result of our procedures. However, the 2025 storm drain fees have not been fully collected, with an outstanding balance of $3,295. 220
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To the Honorable Mayor and the Members of the City Council of the City of Cupertino
Cupertino, California

2. We selected 60% of the non-payroll expenditure transactions recorded in Fund 230 for the period January 1, 2025 thru December 31, 2025 and performed the following procedures:
a. Obtained the City invoices and purchase orders for the expenditures selected, and observed the description of expenditures on the invoice and purchase order, as well as the assigned object code on the purchase order from the City were for allowed purposes per Section 3.38.010B of the Cupertino Municipal Code, which specifies allowable activities are defined as acquisition, construction, reconstruction, maintenance, and operation of the storm drainage system of the City or related green infrastructure or other activities required by the City’s NPDES permits, to repay principal and interest on any bonds which may hereafter be issued for said purposes, to repay loans or advances which may hereafter be made for said purposes.
b. Obtained the City invoices and purchase orders for the nonpayroll expenditures selected and observed the description of expenditures on the invoice and purchase order were for allowed purposes per Section 3.38.0160A and 3.38.0160B of the Cupertino Municipal Code. Section 3.38.160A of the Cupertino Municipal Code specifies allowable from the overall perspective as direct costs and administrative costs, while 3.38.160B of the Cupertino Municipal Code specifically defines direct costs as wages and salaries and costs of employee fringe benefits and mileage reimbursement attributable to said collection activities, with administrative costs as all costs for computer service, materials, postage supplies and equipment.
c. Obtained the City documentation for all refunds issued and observed the Finance Director or equivalent authorized the refund through written approval in accordance with Section 3.38.170 of the Cupertino Municipal Code.

Findings: No exceptions were noted as a result of our procedures.

3. We sampled one pay period (selected on a haphazard basis) between January 1, 2025 and December 31, 2025 to recompute employee allocation in the general ledger for activity recorded in Fund 230 and compared to the City’s calculations as follows:
a. Sampled at least 10% of the time cards of applicable employees charged in Fund 230 to the selected payroll period (selected on a haphazard basis) and observed written approval by supervisors. b. Obtained documentation of the general ledger distribution for the payroll period selected and recalculated the distribution and agreed the results to the budgeted allocation and the functional allocation matrix established by management. The budgeted allocation shall be specified by Cityestablished allocation worksheets used to estimate the amount of actual time spent on the acquisition, construction, reconstruction, maintenance, and operation of the storm drainage system of the City or related green infrastructure or other activities required by the City’s NPDES permits.

Findings: No exceptions were noted as a result of our procedures. 221
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To the Honorable Mayor and the Members of the City Council of the City of Cupertino
Cupertino, California

We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the 2019 Clean Water and Storm Protection Fee.

Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of the members of the City Council and the management of the City and is not intended to be and should not be used by anyone other than these specified parties.

Santa Ana, California
March 19, 2026
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CITY OF CUPERTINO
Agenda Item
26-15006 Agenda Date: 6/2/2026
Agenda #: 15.

Subject: Consider a residential project with 27 three-story townhomes, including 5 affordable units, with associated site improvements and condominium map, to replace a commercial office building on a 1.55-acre site. The project utilizes Senate Bill 330 and provisions of State Density Bonus law. (Application No(s): ASA-2025-016, TM-2025-008, & TR-2025-033; Applicant: SummerHill Homes, LLC; Location: 10268 Bandley Drive; APNs: 326-33-097.)

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

2. Approve the following permits:
a. Adopt Resolution No. 26-069 approving Architectural & Site Approval Permit (ASA-2025-016) (Attachment A);
b. Adopt Resolution No. 26-070 approving Tentative Map (TM-2025-008) (Attachment B); c. Adopt Resolution No. 26-071 approving Tree Removal permit (TR-2025-033) (Attachment C).

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COMMUNITY DEVELOPMENT DEPARTMENT

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

CITY COUNCIL STAFF REPORT
Date: June 2, 2026
Subject
Consider a residential project with 27 three-story townhomes, including 5 affordable units, with associated site improvements and condominium map, to replace a commercial office building on a 1.55-acre site. The project utilizes Senate Bill 330 and provisions of State Density Bonus law. (Application No(s): ASA-2025-016, TM-2025-008, & TR-2025-033; Applicant: SummerHill Homes, LLC; Location: 10268 Bandley Drive; APNs: 326-33-097.)
Recommended Action

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

2. Approve the following permits:
a. Adopt Resolution No. 26-XXX approving Architectural & Site Approval Permit (ASA2025-016) (Attachment A); b. Adopt Resolution No. 26-XXX approving Tentative Map (TM-2025-008) (Attachment B); c. Adopt Resolution No. 26-XXX approving Tree Removal permit (TR-2025-033) (Attachment C).

Executive Summary
This report outlines a project proposed by SummerHill Homes for a 27-unit housing development on an existing commercial/office parcel. The report covers the applicable State laws, including the Housing Accountability Act, Housing Crisis Act, and Density Bonus law, and local standards applicable to the project. The report also includes a summary of the Planning Commission hearing on May 12, 2026, including public comment, and the Planning Commission’s discussion.

Finally, the report summarizes the findings necessary for the Council to act on the project.

Discussion
Project Data
General Plan Land
Use Designation
Office / Industrial / Commercial / Residential with a maximum residential density of 25 du/acre*
Special Planning Area N. De Anza Boulevard Conceptual Plan Zoning Designation P(CG, ML, Res)*
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2 1 The applicable General Plan can be found online at
https://records.cupertino.org/WebLink/DocView.aspx?id=1019620&dbid=0&repo=CityofCupertino&_gl=1*gufghv*_ga* OTc5OTgwMjc4LjE3NDQ3Mzc0NDM.*_ga_NCY1KGMD5Y*czE3NDkwMDIwNzAkbzY2JGcxJHQxNzQ5MDAyMDg wJGo1MCRsMCRoMA.
2 The applicable version of the N. De Anza Conceptual Plan can be found online at. https://www.cupertino.gov/YourCity/Departments/Community-Development/Planning/General-Plan/Land-Use-Plans#docaccess2e6e8012b418820421094c4fbb1bec76a3a7e32aac0c0192cf32549d881c84c8 Lot Area 1.55 acres
Allowed/Required Proposed
Maximum Density Up to 25 units per acre* 17.41 units per acre Height of Structures Max. 45 feet measured from
sidewalk to top of cornice, parapet, or
eave line of a peaked roof.
41’-3”
Setbacks
Front 20 feet from property line 8 feet from property line (Waiver)
Sides First Floor – 10 feet from property line
Upper Floors – 12 feet from property line
13 feet from property line
Rear First Floor – 20 feet or 20% of the lot
depth, whichever is greater. Main
building may encroach as close as 10
feet to rear lot line if a usable rear-yard
setback area of not less than twenty
times the width of the lot is maintained.

Upper Floors – 20 feet or 20% of the lot
depth, whichever is greater.

12.5 feet (Waiver)
Usable Open Space
Private
60 square feet per unit and no dimension
less than 6 feet
68 square feet per unit.

Project Consistency with:

General Plan1 Consistent under SB330 & state density bonus law.

Conceptual Plan2 Consistent under state density bonus law. Density bonus waiver requested for landscape setback.

Zoning Consistent under SB330 and state density bonus law. Density bonus waivers requested for setbacks, parking standards, and landscaping.
* Since the project utilizes the provisions of SB330 (as discussed later in the report) the development standards, regulations & fees applicable at the time of submitting a SB330 preliminary application apply. No changes have been made to the land use and zoning designations of the property since receipt of the SB330 preliminary application on July 15, 2025.
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3 Background
On July 15, 2025, the City received an SB330 pre-application to redevelop the property located at 10268 Bandley Drive. The project site is located within the North De Anza Special Area. The applicant subsequently submitted a formal project application for the proposal on November 6, 2025, within 180 days of the submission of the SB-330 pre-application, which granted it certain vesting rights under State law.

The 1.55-acre property is located mid-block on the eastern side of Bandley Drive between Mariani Avenue and Lazaneo Drive. The site is currently developed with a 20,381 square-foot single-story office building with surface parking. The office space is currently occupied by several office tenants. The project site shares property lines with office uses to the north, south, east and west, across Bandley Drive. Other surrounding uses include the Chinese Church in Christ, also located to the west across Bandley Drive. (See Figure 1). Nearby uses include multifamily four-plexes approximately 250 feet south of the property, commercial uses (Target) approximately 1,000 feet to the south, and, while not directly accessible, single-family homes approximately 450 feet to the west.

The “P” zoning designation is detailed in
Cupertino Municipal Code, Chapter 19.80,
Planned Development Zones. The “P”
zoning designation is intended to provide a
means of guiding land development or
redevelopment within the City that is
uniquely suited for planned coordination of
land uses and land development. Where
residential development is proposed on
properties in the Planned Development
zoning district, and where the Specific Plan
is silent, development is required to follow
Multifamily (R-3) zoning regulations.

Principally, the proposed project consists of
27 townhome-style condominiums. Since
the project is 100% residential, review of the
project is limited by several applicable State
laws, including the Housing Accountability
Act, the Housing Crisis Act (SB330), and
Density Bonus Law (Attachment D).

While the first two State laws apply because
the project meets the definition of a
“housing development project,” State
density bonus law applies because the
project proposes to provide qualifying amounts of affordable housing. It is important to note that, while projects subject to State density bonus law are allowed to increase their maximum density Figure 1 Vicinity map showing the project site and
surrounding land uses and zoning. Most parcels
within the pink areas are office use except for those
specially identified.
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4 and the total number of units proposed, an applicant may elect to utilize waivers, incentives/concessions, or reduced parking standards offered under state law, without providing additional density bonus units, as is the case with the proposed project. With twenty percent, or five (5)3, of the proposed 27 residential units affordable to moderate- and median-income households, consistent with the City’s Below Market Rate (BMR) requirements, the project is eligible for all applicable benefits of State density bonus law. The project includes a request for one concession and four waivers from applicable standards of the General Plan, Zoning Code and N. De Anza Conceptual Plan. These requests are discussed later in this report.

Project Proposal
The project applicant, SummerHill
Homes, is proposing 27 townhome
condominiums. The project consists
of three 6-plex and one 9-plex
buildings (see Attachment G: Site
Plan and Renderings4 and Figure 2).

All four proposed buildings are
three stories high, with units ranging
in size from 2,120 square feet to 2,822
square feet (including garage space).

The applicant also proposes to
remove several on-site trees
Based on the scope of the project, the
City has required the following
entitlements: Architectural and Site
Approval, Tree Removal Permit and
a Vesting Tentative Map.

Architecture and Site Design
The applicant proposes to develop 27 townhome-style condominiums in four three-story buildings on the 1.55-acre site. The project continues to provide access to the site via two driveway curb cuts off Bandley Drive with a shared driveway curb cut with the property to the south, and maintains an ingress/egress driveway with the neighbor to the north.

Each townhome has a private ground-floor entry, three or four bedrooms, and an attached twocar garage. The project contemplates four different floor plans, with habitable space ranging 3 The Project is required to provide 5.4 units (20% of 27 units). Pursuant to the City’s BMR program, five units will be provided on site, and 0.4 units will be paid in in-lieu fee. 4 Due to limitations of Government Code § 65103.5, the distribution of copyrighted material associated with the review of development projects is limited. Plans have been emailed under separate cover to allow the Commissioners to review the proposed plans. Commissioners and Councilmembers cannot share plans with outside parties, including community members. The public is able to make an appointment with the Planning Division to view these plans at City Hall.

Figure 2: Site plan with unit plan types and location of BMR units.
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5 between approximately 1,507 and 2,292 square feet. Covered porches on the first floor, and recessed balconies on the 2nd floors will provide residents with private outdoor space. The project provides five guest parking spaces, in addition to the 2-car garage for each unit for a total of 59 parking spaces for the project. The City does not require guest parking.

The architectural style is a contemporary residential design which utilizes a high-contrast color palette paired with a mix of vertical siding and smooth-finish masonry. The elevations feature staggered building planes and recessed balconies that provide visual depth, while dark-trimmed windows add a modern aesthetic. This approach emphasizes a minimalist aesthetic through simple forms and a cohesive blend of neutral textures.

The landscape design for the project is intended to promote pedestrian circulation through a network of accessible pathways, connecting all residences to the mailbox kiosk, bicycle racks, central amenity area, and the public sidewalk on Bandley Drive. The central amenity area is proposed with an open-air gathering space with enhanced paving material, lounge seating and a seat wall. Evergreen and flowering deciduous trees are proposed for screening, shade and accent.

Evergreen native and nonnative shrubs, succulents, groundcovers and grasses are proposed to provide a lush landscape while adhering to water conservation measures. Plant material is intended to complement the architecture, with a variety of flowering contextual plant massing.

All water treatment areas include a variety of appropriate water treatment shrubs and grasses. A condition of approval requires installation of a sound attenuating fence along the southern property line to address neighbor concerns (see “Public Outreach/Comment” section of report).

Analysis
General Plan Compliance
The proposed project consists of a residential development consistent with the site’s General Plan Land Use Designation of Office/Industrial/Commercial/Residential. The General Plan designation allows a maximum density of 25 dwelling units per acre, or 39 units for the 1.55-acre site. The General Plan does not require a minimum density. The 27 units proposed is below the maximum allowed by the General Plan and the project is, therefore, consistent with the density in effect when the SB330 Preliminary Application was submitted. The proposed buildings meet the height requirements of the General Plan.

Staff has evaluated the project’s consistency with the General Plan and concludes that based on the conformance with the General Plan Land Use designation for the site, the general alignment of design with General Plan requirements, notwithstanding the limitations of State law, and the absence of environmental impacts as analyzed in the Notice of Exemption memo (see Environmental Review section of this Staff Report), the proposed project supports several of the City’s General Plan goals, as outlined below.
• Policy LU-2.2: Pedestrian-Oriented Public Spaces. Require developments to incorporate pedestrian-scaled elements along the street and within the development such as parks, plazas, active uses along the street, active uses, entries, outdoor dining & public art. • Policy LU-3.3: Building Design. Ensure that building layouts and design are compatible with the surrounding environment and enhance the streetscape and pedestrian activity. 228
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6 • Strategy LU-3.3.10: Entrances. In multi-family projects where residential uses may front on streets, require pedestrian-scaled elements such as entries, stoops and porches along the street.
• Policy LU-27.2: Relationship to the Street. Ensure that new development in and adjacent to neighborhoods improve the walkability of neighborhoods by providing inviting entries, stoops and porches along the street frontage, compatible building design and reducing visual impacts of garages.
• Policy INF 2.4.2 Development. Require undergrounding of all utility lines in new developments and highly encourage undergrounding in remodels or redevelopment of major projects.
• Strategy HE-2.3.7: Density Bonus Ordinance. The City will encourage use of density bonuses and incentives, as applicable, for housing developments which include:
o At least 10 percent of the housing units in a for-sale common interest development are restricted to moderate-income residents.

Municipal Code and Zoning Compliance
Since the project is eligible for waivers and incentives under State density bonus law, the waivers from the Municipal Code standards are discussed in the “Density Bonus and Waivers” section of the staff report below. Unless otherwise indicated in that section of the report, the project meets other requirements of the Municipal Code and Zoning.

Tree Removal and Replacement
The project arborist report evaluated the 25 on-site trees and 5 off-site trees on neighboring properties, adjacent to the property lines. The proposal includes the removal of all 25 protected development trees on the site due to construction conflicts. All five offsite development trees, including one native coast live oak, will be retained and protected in place during construction.

The report and peer review concluded that the trees proposed for removal would be within the construction footprint and could not be preserved or adequately protected during construction.

There are currently no street trees along the site’s frontage so the project has been conditioned to plant street trees to enhance the public right-of-way.

The City’s requirements for tree replacement, consistent with Cupertino Municipal Code Section

14.18.160 (A), are as indicated in Table 1 below:

Table 1: Tree Replacement
Diameter of Trunk of
Removed Tree
# of Trees Proposed
for Removal
Replacement Tree
Size Required Replacement Trees
12 inches or less 14 One 24" box tree 14 (24” box trees) Greater than 12 inches and
up to 18 inches 8 Two 24" box trees or One 36" box tree 16 (24” box trees) or
8 – 36” box trees
Greater than 18 inches and
up to 36 inches 2 Two 24" box trees or One 36" box tree 4 - 24” box trees or
2 36” box trees
Over 36 inches 1 One 36" box tree 1 (36” box trees)
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7 The applicant proposes to replace the 25 trees that would be removed through the project’s development with 35 trees of various species. All replacement trees will be planted on-site.

Replacement trees will be a mix of 24-inch and 36-inch box, with a minimum of one 36” box tree, consistent with Municipal Code tree replacement requirements.5 All new development trees and landscaping planted on-site will be considered protected, and a condition of approval has been included to require that an agreement be executed to ensure the ongoing preservation, maintenance, and protection of the new trees and landscaping by future property owners.

Vesting Tentative Map
The Vesting Tentative Map (VTM) application proposes to subdivide the existing lot to create a condominium-type subdivision. The map proposes 27 condominium (air-space) parcels for the proposed townhome units with additional roadway and open space parcels to support the development. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the City's ordinances, policies, and standards in effect at the date the City determined the application was complete.

Park Land Dedication
Under Cupertino Municipal Code Section 13.08.050(A), residential developments must provide park land on site and/or pay an in-lieu fee for the required park land dedication. However, State and local regulations provide that residential developments under 50 units are not subject to parkland dedication requirements but must, instead, pay an in-lieu fee. Since the proposed development consists of 27 townhomes, it is therefore subject to payment of an in-lieu of parkland dedication fee. Furthermore, the City’s Housing Element and BMR Mitigation Manual waives payment of parkland in-lieu fees for deed-restricted affordable units. Therefore, the project is required to pay an in-lieu of fee for only the 22 proposed market rate units, for a total of $1,320,000.6
Density Bonus
The project includes five below-market rate (BMR) units, or 19% of the total number of units proposed under state Density Bonus Law.7 In compliance with the City’s BMR Housing Program, three of the five affordable units will be for sale to median-income households (80-100% of Area Median Income) and the remaining two will be for sale to moderate-income households (100- 120% of Area Median Income). A condition of approval has been included to ensure recordation of an agreement with the City, prior to certificates of occupancy, requiring the designated BMR units to be for-sale to households at the specified income levels for a 99-year term.

Density Bonus and Waiver Requests
The project is eligible for Density Bonus waivers and concessions consistent with the City of Cupertino Municipal Code Chapter (CMC) 19.56 Density Bonus and State Density Bonus Law.

The project includes 4 waiver requests.
5 In total, as currently proposed, 55 trees will be planted onsite, with 52 24-inch box and three 36-inch box. 6 Due to the SB330 nature of the project, the Park Fees payable are those in effect as of July 2025. 7 See Footnote 3 regarding project compliance with City BMR Program. 230
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8 Section 19.56.070 of the City’s Density Bonus Ordinance (“Findings”) requires that, before approving an application which includes a request for a density bonus, waivers, or reduction in parking standards, the decision-making body must determine that the proposal is consistent with State Density Bonus Law by making the following findings8, as applicable:

1. That the housing development is eligible for the density bonus being requested as well as any incentives or concessions, waivers or reductions in parking standards that are requested.

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

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

Waivers Requested
As a density bonus project, the applicant may submit proposals for an unlimited number of waivers, or reduction of development standards, that would have the effect of physically precluding the construction of the project as proposed/designed (Government Code Section 65915(e)). As previously noted, a city may not deny a proposed project based on the theory that another project, with a similar number of units, might be designed differently and accommodated without waivers of development standards. The project requires 4 waivers9 as follows:

1. Front Setback (CMC Table 19.36.070 (C)(1))
Table 19.36.070 of the Cupertino Municipal Code requires a minimum setback of 20 feet on the front. The following table indicates the required and proposed front setback for the project.

Building Required Front Setback Proposed Front Setback
1 20’ from property line 8’ from property line
The applicant states that imposing the front setback requirements would result in the elimination of units, reduced floor areas of units, or a substantial change to the design of the buildings, which is not consistent with the project as proposed. 8 Government Code Section 65915 (d)(4): The city, county, or city and county shall bear the burden of proof for the denial of a requested concession or incentive.
9 The applicant had identified two additional waivers - side yard setbacks and garage size reductions – with their application materials. Upon review, it was determined that the proposed side setbacks conform to the R3 development standards and that the proposed garages exceed the garage/parking requirements for townhome developments. Therefore, no waivers are required for side yard setbacks or garage size. 231
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9 2. Rear Setback (CMC Table 19.36.070 (C)(3))
Table 19.36.070 of the Cupertino Municipal Code requires that developments have a minimum rear setback of 20 feet or 20% of the lot depth, whichever is greater. The following table indicates the required and proposed setback for the building for which waivers are requested.

Building Required Rear Setback Proposed Rear Setback
4 34’ from property line 10 12’6” from property line
The applicant states that imposing the rear setback requirement would result in the elimination of units, reduced floor areas of units, or a substantial change to the design of the buildings, which is not consistent with the project as proposed by the applicant.

3. Landscape Planter (CMC Table 19.124.040 (N)(3) and (7) The Municipal Code requires a three-foot-wide Landscape Planter Strip along the length of the parking area. The guest parking spaces will be surrounded by an access pedestrian path for motorists of the parked vehicles. The applicant states that it is not possible to comply with this requirement without eliminating units, reducing floor area or changing the height and design of the buildings.

4. Landscape Setback and Area (N. De Anza Conceptual Plan) The N. De Anza Conceptual Plan11 requires a landscape area of 25 times the lineal street frontage measured from the curb, with an average setback of 25 feet. As designed, the proposal provides a front setback of 8 feet and the project does not meet this requirement.

The applicant states that it is not possible to comply with this requirement without eliminating units, reducing floor area or substantially changing the design of the project.

Concession Requested
As a density bonus project with 19% of units12 reserved for sale to moderate-income households13, the applicant may request one density bonus concession14. Concessions allow an applicant to deviate from development regulations when such regulations have the potential to make the project economically infeasible to build. The applicant has requested one concession as follows:
10 This is based on 20% lot depth at 170-feet.
11 N. De Anza Conceptual Plan, with amendments, are available online here:
https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning/GeneralPlan/Land-Use-Plans#docaccess-2e6e8012b418820421094c4fbb1bec76a3a7e32aac0c0192cf32549d881c84c8. 12 The project is providing five, or 19%, of the total units, as affordable and paying an in-lieu payment for a fractional 0.4 unit for their 20% BMR requirement in compliance with the City’s BMR mitigation manual. 13 State law considers units offered to households making 80-120% of the Area Median Income as moderateincome units. The City’s BMR program requires for-sale projects to provide affordable units at two income levels - moderate- (80-100% of AMI) and median- (100-120% of AMI). All City BMR units are, therefore, considered moderate-income units under State density bonus law. 14 With 19% of the units affordable to moderate-income households, the project is allowed one concession. 232
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10 1. General Plan Policy LU-21.2: Land Use:

General Plan Policy LU-21.2 requires the North De Anza Special Area to be primarily office, and research and development uses supplemented with limited commercial and residential uses. As a 100% residential development, the proposed project does not comply with Policy LU-21.2: Land Use. The applicant states that incorporating office, research and development space, or other commercial space on the project site as part of the project would not be the most economically viable use of the property and that eliminating this requirement for non-residential uses would result in identifiable and actual cost reductions to provide affordable housing.

State law prohibits the City from requesting any additional information from the applicant to support this claim and the burden of proof to deny this concession would be on the City.

Additionally, since almost all recent new housing development approved in the City would displace non-residential uses, from an empirical perspective it is reasonable to conclude that nonresidential uses are not the most economically viable use of property at this time.

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

As required by the City’s Below Market Rate (BMR) Housing Program, five of the proposed units will be affordable for sale to median- and moderate-income households Consistent with BMR Manual Section 2.3.4, the affordable units would be dispersed through all four townhouse buildings (see Figure 2).

In addition, as seen in Table 2 below, which compares the proposed BMR units to the MarketRate units, the proposed BMR units, while smaller on average, are comparable and generally representative of the proposed Market-Rate units. Both the Market-Rate and BMR units include 3 and 4 bedroom residences.

Table 2: BMR vs. Market-rate Unit comparison
Number of Units Number of Bedrooms Average Unit Size (sq. ft.) BMR Units 2 3 1,507
3 4 1,676
Market-Rate
Units
5 3 1,507
0 4 1,676
9 4 2,152
8 4 2,292
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11 Additionally, there is no indication on the plans that the exterior finishes of the BMR units will be any different from the market rate units. As such, it is expected that they will be of the same quality; however, as allowed in the BMR manual, the affordable units may have different interior finishes.

Other Department/Agency Review
The City’s Building Division, Public Works Department, Environmental Services Division, Cupertino Sanitary District, and the Santa Clara County Fire Department have reviewed and conditioned the project.

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

As analyzed in Section 3.2 of the attached CEQA Exemption Memorandum, Public Resources Code Section 21080.66, the proposed project, including the conditions of approval imposed thereon, meets the criteria for statutory exemption. Accordingly, this document finds that a Notice of Exemption is appropriate for the proposed project pursuant to CEQA Guidelines Section 15062.

City Standard Environmental Requirements
In October 2019, the City adopted Chapter 17.08 of the Municipal Code which outlines standard environmental requirements to address the potential impacts of construction projects on areas of environmental concern, including air quality, hazardous materials, biological resources, cultural resources, water quality, noise, paleontological resources and availability of utilities. Chapter

17.08 also requires the City to conduct a third-party peer review of any applicant- provided reports, with the applicant bearing all associated costs. For this project, the applicant provided a 234
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12 Phase I and Phase II Environmental Site Assessment (ESA), in accordance with Chapter 17.08.

The resultant third-party peer review of Phase I and Phase II ESA reports concluded that there were no hazardous materials that require remediation (see Attachment H)). In addition to the requirement for an ESA, Chapter 17.08 requires that the applicant comply with standard conditions of approval related to Biological Resources, Cultural Resources, Noise, Air Quality, which have been incorporated into the draft resolutions.

Public Outreach and Noticing
The following table is a summary of the noticing done for this project:

Notice of Public Hearing, Site Notice & Legal
Ad
Agenda
 Site Signage (14 days prior to the hearing)  Posted on the City’s official notice bulletin board (five days prior to the hearing)
 Legal ad placed in newspaper (at least 10
days prior to the hearing)
 Posted on the City of Cupertino’s website
(five days prior to the hearing)
 Public hearing notices were mailed to
property owners within a specified area
around the project site which exceeds the
minimum 300-foot radius (10 days prior to
the hearing)
The applicant completed community outreach to residents and property owners on April 3, 2025.

Staff conducted outreach to existing commercial tenants at the project site in April 2026 through business visits, letters, phone calls, and emails. Following this outreach, in May 2026, staff provided interested businesses with follow-up support by sharing information on available commercial leasing opportunities throughout the city, keeping them informed of current vacancies and potential relocation options.

Public Comment
Several comments were received related to the project, which are attached as Attachment F. In summary, two of the commenters were in support of the project; one commenter was not in support of the project due to the potential of residential developments replacing existing commercial/office uses on Bandley Drive; and three commenters expressed neither support nor opposition to the project.

Of the comments received that were neither in support nor opposition of the project, one is a joint email from the adjoining property owners to the north and south, as well as a letter submitted by their respective tenant, requesting that conditions, covenants and restrictions (CC&Rs) for the development disclose to the residents the nature of the non-residential uses on the adjoining properties. Conditions of approval (Condition no. 17) has been added, and amended by Planning Commission, to the draft ASA Resolution to address these concerns by adding a stipulation in the CC&Rs to include a “Notice of Neighboring Uses.” In addition, a large tenant that occupies the building to the south in their letter to City Council, has expressed concerns about complaints from future tenants about existing non-residential uses located adjacent to the development, as 235
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13 well as construction period coordination. Upon discussion with the applicant, a condition of approval has been added (Condition no. 11) to require the installation of a sound attenuating fence along the southern property line.

Planning Commission Review
On May 12, 2026, the Planning Commission conducted a public hearing regarding the proposed project. The Commissioners asked questions which staff, consultants and the applicant responded to, about several topics, including technical details related to the AB130 CEQA exemption memo, standards and requirements within the N. De Anza Conceptual Plan, Phase I & II ESA reports and conclusions, fencing requirements, and concerns about existing nonresidential uses on adjacent properties.

After discussion, the Planning Commission, with a 4-1 vote (No: Rao), adopted resolutions recommending that the City Council approve the project with a modification to Condition 17 (Formation of a Homeowner’s Association) of the Draft Architectural & Site Approval (ASA) Resolution. The modification was to require the applicant, as part of the project CC&R’s, to provide disclosure to future homeowners that the sites (properties) around them are mixed-use residential, industrial, commercial.

Reasons for Recommendation and Available Options
Staff and the Planning Commission recommend approval of the project, as proposed, because the project and its conditions of approval support the findings for approval of the proposed project, consistent with Chapters 14.18, 18.28, 19.56, and 19.168 of the Cupertino Municipal Code.

Sustainability Impact
The project was reviewed by the Sustainability Division and the applicant completed the required Climate Action Plan Consistency Checklist. The project has been found to be exempt from CEQA through a statutory exemption and, therefore, it is expected that there will be no sustainability impact.

Fiscal Impact
A Fiscal Impact Analysis was provided by the applicant and peer reviewed by the City’s thirdparty consultant. The peer review of the Fiscal Impact Analysis concluded that the overall fiscal benefit is net positive. The net impact on the General Fund would be positive $18,700.

City Work Program (CWP) Item/Description
N/A.

Council Goal:

Housing.

California Environmental Quality Act
As discussed in the Environmental Review section of this report (see above), the project is statutorily exempt from the California Environmental Quality Act (CEQA). 236
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14 _____________________________________
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Luke Connolly, Assistant Director of Community Development Benjamin Fu, Director of Community Development
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A. Draft Resolution for ASA-2025-016
B. Draft Resolution for TM-2025-008
C. Draft Resolution for TR-2025-033
D. Summary of Relevant State Law
E. CEQA Exemption and Memorandum
F. Public Comment
G. Project Site Plan and Renderings
H. Phase I and Phase II peer review and reports
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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT
FOR A NEW RESIDENTIAL PROJECT WITH 27 THREE STORY TOWNHOMES, INCLUDING 5 AFFORDABLE UNITS, WITH ASSOCIATED SITE

IMPROVEMENTS AND CONDOMINIUM MAP, TO REPLACE A
COMMERCIAL OFFICE BUILDING ON A 1.55-ACRE SITE
LOCATED AT 10268 BANDLEY DRIVE; APN: 326-33-097
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2025-016
Applicant: SummerHill Homes, LLC
Property Owner: Bandley Center Inc.

Location: 10268 Bandley Drive; APNs: 326-33-097
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:

WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval Permit as described in Section I of this resolution; and
WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a); and
WHEREAS, on May 12, 2026, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and
WHEREAS, on May 12, 2026 the Planning Commission recommended on a 4-1 vote (NO:

Rao) that the City Council approve the Architectural and Site Approval Permit (ASA2025-016) in substantially similar form to the Resolution presented (Resolution No. 2026- 18), approve the Vesting Tentative Map (TM-2025-008) in substantially similar form to the Resolution presented (Resolution No. 2026-16), and approve the Tree Removal Permit (TR-2025-033), in substantially similar form to the Resolution presented (Resolution No. 2026-17);
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Resolution No. 26-___

WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the City Council has held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for 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. The townhomes are site planned to maintain existing easements for egress and ingress, and meet setback requirements from the neighboring office uses. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code. Chapter 17.04. The project has access to all utilities including sewer, water etc. The project must meet all Fire and Building Code requirements, which will be further reviewed prior to issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to public health, safety, general welfare, or convenience.

2. The 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.

All buildings proposed are within the maximum height allowed by the General Plan.

The rear and front setbacks are smaller than those required by the zoning district since the density bonus provisions of state law allow a project which provides a certain percentage of affordable units, to waive any number of development standards which would preclude development of the project as designed. The City does not have the ability to require changes to the project as designed to comply with either the minimum setback requirements. However, the proposed townhomes are proposing to plant trees along Bandley Drive for visual screening.
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Resolution No. 26-___

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 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 architectural style is a contemporary residential design which utilizes a highcontrast color palette paired with a mix of vertical siding and smooth-finish masonry.

The elevations feature staggered building planes and recessed balconies that provide visual depth, while dark-trimmed windows add a modern aesthetic. This approach emphasizes a minimalist aesthetic through simple forms and a cohesive blend of neutral textures. The development will plant replacement trees, which when mature, will help to screen the building mass along Bandley Drive, and from the neighboring properties.

Lighting for the development will be reviewed as part 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 as well. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and
No signage is proposed as part of this project.
d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures.

The project is not within an existing residential neighborhood.

NOW, THEREFORE, BE IT RESOLVED:
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Resolution No. 26-___

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 5 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-2025-016, is hereby approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application no. ASA-2025-016 as set forth in the Minutes of the City Council Meeting of June 2, 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 “10268 Bandley Drive Cupertino” consisting of 75 sheets labeled as, A0.00– A8.1, C1.0 – C7.0, L1.1 – L9.1, INT1 to INT2, PRSL1 to PRSL2, PM, and TM-1, drawn by WHA Architects, Giacalone Design Services, CBG Civil Engineers Surveyors, and R3 Studios, except as may be amended by conditions in this resolution.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TM-2025-008, and TR-2025-033 shall be applicable to this approval.

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

5. DEVELOPMENT APPROVAL
The project is granted approval to construct:
a. 27 townhomes including 5 dedicated as units affordable to moderate- and median-income households;
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b. 5 guest parking spaces;
c. Common private outdoor recreation space;
d. Landscaping in designated locations with the use of the approved plant palette including native and drought-tolerant plants;

6. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state’s Density Bonus law, the project is eligible for one concession and unlimited waivers, as approved via this permit. The project is granted one concession and 4 waivers as requested and indicated on the approved project plans as follows:
a. Waiver to deviate from the front setback identified in the Cupertino Municipal Code; and
b. Waiver to deviate from the rear setback identified in the Cupertino Municipal Code; and
c. Waiver to deviate from the landscape planter requirement identified in the Cupertino Municipal Code.
d. Waiver to deviate from the landscape setback requirement identified in the N.

De Anza Conceptual Plan.
e. Concession to deviate from the General Plan policy for the North De Anza Special Area to maintain a primarily office, and research and development uses.

7. AFFORDABLE UNITS
The project shall include 3 units affordable to median-income (80-100% of Area Median Income) households and 2 units affordable to moderate-income (100-120% of Area Median Income) households as determined by the City’s BMR Mitigation Manual. An in-lieu fee shall be paid for 0.4 units prior to issuance of Building Permits.

8. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any residential building permit, an affordable housing agreement shall be recorded against the property.

The affordable housing agreement shall include, but not be limited to the following, in compliance with the BMR Housing Mitigation Manual:
a. Total number of BMR units, type, location (site map), square footage, number of bedrooms, and construction scheduling of market-rate and BMR units; b. Provisions to ensure concurrent construction and completion of BMR units and market-rate units;
c. Affordability levels for each BMR unit;
d. Price for BMR units as provided for in the BMR mitigation manual; 242
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e. Provisions for income certification and screening of potential occupants of BMR units;
f. Restriction control mechanism;
g. Financing of ongoing administrative and monitoring costs; h. Other reasonably required provisions to implement the Affordable Housing Plan.

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

10. 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 a materials board 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.

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.

11. DESIGN MODIFICATION
Developer shall install a 8 foot tall sound attenuating fence, or other similar noise mitigating features along the southern property line. The fence may be modified to a wooden good neighbor fence in the future, in the event residential uses are approved on the adjoining property.

12. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the project in accordance with the approved plans and with the City’s Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code.
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13. 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.

14. 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 50 feet of any residential property.
f. Any other measures as determined to be appropriate by the Director of Community Development

15. 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 issuance of demolition permit final.

16. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
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 244
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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 the 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. Night time 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.

The applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated.

17. FORMATION OF A HOMEOWNER’S ASSOCIATION
A Homeowner’s Association shall be formed to maintain the common areas of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the Director of Community Development and the City Attorney prior to recordation. The following terms shall be incorporated into the Association’s Conditions, Covenants and Restrictions:
 The members/board shall meet at a minimum of once/year  The Association dues shall cover:
o Maintenance of common area on the property, in compliance with the approved project and conditions of approval, including hardscaping, landscaping (including development trees) private streets, parking, landscaping and accessory facilities and amenities, such as trash bins/areas, common amenity areas, tree grates, outside trash bins, fences, etc. o Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement as necessary to ensure that the property is maintained.
o Permits, including tree removal permits, required for maintenance and repair of facilities and other improvements in the common areas.  Any changes to the CC&R’s must be reviewed and approved by the City.  Disbanding of the Association shall require an amendment to the permit.  Inclusion of a Notice of Neighboring Uses disclosure to residents that are going 245
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to move into the property, disclosing that the sites around them are mixed-use residential, industrial, and commercial.

18. PUBLIC ACCESS REQUIREMENTS
In accordance with Mobility Element Policies M-2.5 and M-3.2 of the 2015-2040 Cupertino General Plan in effect in January 2024, the applicant shall maintain public access to the privately maintained streets and walkways where public access easements are shown on the Vesting Tentative Map.

19. INGRESS EGRESS EASEMENT
The property shall maintain a reciprocal ingress easement access easement for the property owner to the north and shall maintain shared driveway access as approved on the plans for the property owner to the south.

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

Once approved by the Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy.

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

21. PUBLIC ART MAINTENANCE REQUIREMENT
In accordance with the requirements of Municipal Code Chapter 19.128, the property owner shall maintain approved public artwork in good condition continuously after its installation, as determined appropriate by the City.

Maintenance shall include all related landscaping, lighting, and upkeep, including the identification plaque. Artwork required or approved cannot be removed, except for required maintenance or repair, unless approved by the City; at which time the City may require replacement or relocation of the artwork. In the event 246
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that the artwork is relocated in the public right-of-way, a maintenance agreement with the City shall be required.

22. COMMON OPEN SPACE
The residential common open space shall provide amenities for passive and/or active recreation as shown in approved plans and shall not be retained as or converted to only a passive hardscaped or landscaped area.

23. 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.

24. 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.”

25. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted.
a. Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b. Maintenance shall include, but not be limited to, the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning; 247
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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.

26. 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.

27. 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.

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

29. 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 248
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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.

30. TRANSFORMERS ON PRIVATE PROPERTY
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults, inside buildings, or as required by PG&E. 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 shall not encroach into the public right of way and 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, unless it is the only acceptable location allowed by PG&E.

31. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all new utility structures [including, but not limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works, Fire Department, and applicable utility agencies.

32. 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 but may not exceed the overall height approved of that structure. 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.

33. 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 249
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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.

34. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of any demolition, grading and building permit, indicate the following on all construction plans:
a. Demolition, construction, ground-disturbing, and tree removal/pruning activities shall be scheduled to be completed prior to nesting season (February 1 through August 31), if feasible.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities occur during the nesting season (February 1 and August 31), preconstruction surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, grounddisturbing, or tree removal/pruning activities, in order to identify any active nests with eggs or young birds on the site and surrounding area within 100 feet of construction or tree removal activities. ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground-disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction areas for active nests, while ensuring that they do not disturb the nests as follows:
1) For projects that require the demolition or construction one singlefamily 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 250
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sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds.

The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. v. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her designee, through the appropriate permit review process (e.g., demolition, construction, tree removal, etc.), and be completed to the satisfaction of the Community Development Director prior to the start of demolition, construction, ground-disturbing, or tree removal/pruning activities.

35. 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 251
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engineer may be required to submit noise attenuation measures to the satisfaction of the Director of Community Development at the applicant’s expense.

36. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall send notices of the planned activity by first class mail as follows:
a. For projects on sites that are more than 0.5 acres or four or more residential units the notices shall be sent to off-site businesses and residents within 500 feet of the project site;
b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units (not including Accessory Dwelling Units) notices shall be sent to off-site businesses and residents within 250 feet of the project site; or c. For projects on sites less than 0.25 acres or one residential unit, the notices shall be sent to off-site businesses and residents within 100 feet of the project site.

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

37. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall ensure that a sign measuring at least four feet by six feet shall be posted on construction fencing at the entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint; and d. Contact information for City’s and contractor’s authorized representatives that are assigned to respond in the event of a complaint related to fugitive dust, pursuant to the requirements for compliance with BAAQMD’s CEQA Air Quality Guidelines.
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If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the complaint and the action taken to the City within three business days of receiving the complaint.

38. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code.

The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on-site Construction Manager. Noise reduction measures selected and implemented shall be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor(s), site terrain, and other features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law.

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

40. 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.

41. 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.
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iii. Any potential archaeological or tribal cultural resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation forms by a qualified archaeologist. If the resource is a tribal cultural resource, the consulting archaeologist shall consult with the appropriate tribe, as determined by the Native American Heritage Commission, to evaluate the significance of the resource and to recommend appropriate and feasible avoidance, testing, preservation or mitigation measures, in light of factors such as the significance of the find, proposed project design, costs, and other considerations. The archeologist shall perform this evaluation in consultation with the tribe.

42. 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.

43. GREEN BUILDING
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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, be GPR certified at a minimum of 50 points, or an alternative reference standard in accordance with the ordinance since the building size is over 50,000 square feet. Third party LEED or GPR certification or alternative reference standard is required per the ordinance criteria and costs associated with third-party review shall be paid by the applicant.

44. 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.

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

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall 256
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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.

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

SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.

Except for otherwise noted, the following conditions must be completed and/or submitted prior to Final Map recordation.

47. LOT MERGER
Prior to final acceptance of the project, Developer shall merge the parcels created for the private street network into one lot as may be required by the Director of Public Works or shall include language in the Covenants, Conditions, and Restrictions (CC&R) to provide for City Manager review and approval of any amendments to the CC&R.

48. STREET IMPROVEMENTS
Street improvements along the project frontage will be required to the satisfaction of the Director of Public Works. Street improvements, grading and drainage plans must be completed and approved prior to Final map approval. 257
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Street improvements may include, but not be limited to, new detached or meandering sidewalk, new ADA ramp, driveways, utility laterals, and street tree installations. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first.

Additional comments will be provided and shall be incorporated prior to Final Map approval.

49. 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.

50. 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.

51. 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.

52. 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.

53. 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. 258
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54. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works and satisfy any requirements from the environmental analysis. Hydrology and preand 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.

Additional comments will be provided and shall be incorporated prior to Final Map approval.

55. 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.
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If the Project is subject to CC&R and Homeowners Association (HOA), CC&R must also include languages pertaining to the stormwater treatment measures.

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

Fees:
a. Checking & Inspection Fees: Per FY 25-26 fee schedule ($6,203 or 5% of improvement costs)
b. Grading Permit: Per FY 25-26 fee schedule ($5,365 or 6% of improvement costs)
c. Tract Map Fee: Per FY 25-26 fee schedule ($15,013)
d. Storm Drainage Fee: Per FY 25-26 fee schedule ($4,548 per AC + $345 per unit)
e. Transportation Impact Fee: Per FY 25-26 fee schedule: (townhome: $4,215 per unit).
f. Encroachment Permit Fee: Per FY 25-26 fee schedule ($3,895 or 5% of improvement costs)
g. Park Fees: Per FY 25-26 fee schedule: $60,000 per unit ($1,320,000 based on 22 units, 5 BMR units waived)
h. Storm Management Plan Fee: Per FY 25-26 fee schedule ($2,432) i. Street Tree Fee: By Developer or Per FY 25-26 fee schedule:
$562 per tree
Bonds:
a. Faithful Performance Bond: 100% of Off-site Improvements b. Labor & Material Bond: 100% of Off-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.

57. FINAL MAP
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A final map will be subject to City Council approval and shall be recorded prior to issuance of building permits. Existing buildings must be demolished prior to recordation of the final map as building(s) cannot straddle between lot lines.

58. 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).

59. PARKS
The residential units are subject to the payment of parkland fees in-lieu of parkland dedication per Chapter 13.08 and Chapter 18.24 of the Cupertino Municipal Code The Below Market Rate (BMR) Housing Mitigation Program Procedural Manual, which was last amended by City Council on July 2, 2024 per Resolution 24-067, authorizes the waiver of park fees for BMR units. Pursuant to Resolution 24-067, parkland dedication in-lieu fees for the 5 BMR units proposed for this project are hereby waived.

60. 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.

61. 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.

62. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to Final Map approval. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include, but is not limited to, stormwater treatment facilities, landscaping, street trees, sidewalk, pavers, and street lights.
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63. 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.

64. 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.

65. 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 to the satisfaction of the Director of Public Works or his/her designee. 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.

66. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults, or as required by PG&E. 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 not encroach into the public right-of-way and 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.

67. 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.

68. WATER BACKFLOW PREVENTERS
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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 as shown on plans.

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

70. 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).

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

72. 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.

73. 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.

74. 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.

75. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
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Provide California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers prior to Final Map approval.

76. 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.

77. SANITARY DISTRICT
A letter of clearance or sign off of street improvement plans for the project shall be obtained from the Cupertino Sanitary District prior to Final Map approval.

78. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to Final Map approval.

SECTION V: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL

PROGRAMS DIVISION
Except for otherwise noted, the following conditions must be completed and/or submitted prior to Final Map recordation.

79. STORM DRAIN SYSTEM POLLUTANT CONTROLS
Please identify all exterior storm drain inlets, including bioretention area overflow catch basins and linear trench drains, in the Final Stormwater Management Plan (SWMP). Full trash capture systems are required to prevent litter from entering the City’s storm drain system and/or any adjacent creeks or diversion channels.

Systems and devices 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. The systems must be installed and maintained (cleaned) in accordance with the SWMP, manufacturer specifications, and provisions of the San Franscisco Bay RWQCB NPDES permit. The property owner must provide official written record of cleaning and maintenance to the City upon request.

80. DRAIN INLET MARKERS
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 264
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81. FIRE SUPPRESSION SYSTEM OR WATER LINE FLUSHING
If fire suppression system or water line flushing will be conducted as part of the scope of permitted work, complete and submit the Planned Water Discharge Form (www.cupertino.org/greendev) to the Environmental Programs Division several business days in advance of the scheduled discharge.

82. PCB (POLYCHLORINATED BIPHENYLS) MANAGEMENT AND MITIGATION At the time of building permit application, PCB and remediation is required prior to obtaining a demolition permit. Structures built or remodeled between January 1, 1940 and December 31, 1980 must be tested for PCB presence. All demolition permit applicants, including residential, must complete the PCB Screening Assessment Form to determine if the structure being demolished is deemed an applicable structure. Additional information concerning PCB screening requirements may be viewed at www.cupertino.org/greendev. Additional information concerning assessment and testing requirements, qualified consultants to perform sampling, testing, and reporting may be viewed at https://scvurppp.org/pcbs-demo-permit/. No demolition permit will be issued until all required PCB documents have been accurately completed, submitted to, and approved by the Environmental Programs division of the Public Works Department.

83. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING AND RECOVERY At the time of building permit application, a completed construction and demolition (C&D) Debris Recovery Plan (DRP) must be submitted. 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 generation tonnage information. A hold on issuance of the building permit will be placed until the Plan is submitted and approved. A hold will 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.

SECTION VI: CONDITIONS ADMINISTERED BY THE SCC FIRE DEPT.

Except for otherwise noted, the following conditions must be completed and/or submitted prior to Final Map recordation.

84. FIRE FLOW REQUIREMENTS
Fire flow requirement is 2,125 gpm and shall be met from 2 hydrants. Fire flow calcs shown on Preliminary Fire Flow Calculation sheet. Hydrant authorization 265
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for new hydrants shall be approved by CalWater and reviewed by SCCFD prior to combustible construction and building permit approval.

85. FIRE SPRINKLERS
Fire sprinklers noted on sheet C6 as a deferred submittal.

86. FIRE LANE IDENTIFICATION REQUIRED
The minimum clear width of fire department access roads shall be 20 feet. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. Shown on sheet C6.

87. FIRE APPARATUS ACCESS ROADWAY REQUIRED
Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. (CFC Sec. 503). Shown on sheet C6.

88. GROUND LADDER ACCESS REQUIREMENTS
Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2. Shown on sheet C6.

89. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers shall be a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 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.

90. 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.

91. 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 266
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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 1311
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________

Lauren Sapudar, City Clerk
________________________
Date
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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVAL OF A VESTING TENTATIVE MAP FOR A CONDOMINIUM MAP FOR A RESIDENTIAL PROJECT WITH 27 THREE STORY TOWNHOMES, INCLUDING 5 AFFORDABLE UNITS TO REPLACE A COMMERCIAL OFFICE BUILDING ON A 1.55-ACRE SITE LOCATED AT 10268 BANDLEY DRIVE; APN: 326-33-097
SECTION I: PROJECT DESCRIPTION
Application No.: TM-2025-008
Applicant: SummerHill Homes, LLC
Property Owner: Bandley Center Inc.

Location: 10268 Bandley Drive; APNs: 326-33-097
SECTION II: FINDINGS FOR A TENTATIVE MAP:

WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Map as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a); and
WHEREAS, on May 12, 2026, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and
WHEREAS, on May 12, 2026 the Planning Commission recommended on a 4-1 vote (NO:

Rao) that the City Council approve the Architectural and Site Approval Permit (ASA2025-016) in substantially similar form to the Resolution presented (Resolution No. 2026- 18), approve the Vesting Tentative Map (TM-2025-008) in substantially similar form to the Resolution presented (Resolution No. 2026-16), and approve the Tree Removal Permit (TR-2025-033), in substantially similar form to the Resolution presented (Resolution No. 2026-17); and
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WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the City Council has held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Tentative Map; and
WHEREAS, the City Council finds as follows with regard to this application:
a. That the proposed subdivision map is consistent with the City of Cupertino General Plan.

The proposed subdivision map is consistent with the General Plan since density of the proposed project is less than the maximum allowable density of 25 dwelling units an acre. b. That the design and improvements of the proposed subdivision are consistent with the General Plan.

The off-site improvements are consistent with the City’s General Plan policies related to applicable pedestrian and bicycle safety, with improvements made in accordance with the right-of-way design and the urban canopy within the public right-of-way. While the development is required to have a 20-foot setback from the front property line, state density bonus law requires the City to waive local development standards to accommodate a project as designed, and still consider the design consistent with the General Plan. c. That the site is physically suitable for the type of development contemplated under the approved subdivision.

The proposed tentative map is compatible with the adjoining land uses and no physical constraints are present that would conflict with the anticipated land use and development.

Moreover, there are no topographical anomalies that differentiate this property from adjacent properties and the site is located on the valley floor and is not listed within any environmentally sensitive zone.
d. That the site is physically suitable for the intensity of development contemplated under the approved subdivision.

The subject property is physically suitable in size and shape and in conformance to development standards and is configured to accommodate a multi-unit development like the one proposed.
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e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat.

The design of the subdivision and proposed improvements will not injure fish and wildlife or their habitat because the property is a previously developed site, with no fish and wildlife habitat in the vicinity; the site is located in an urbanized area where residential land use is allowed.
f. That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems.

The proposed subdivision design and improvements will not cause serious public health problems. The project has access to sewer connections, water services and electric services.

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

No easement or right-of-way exists currently that would be impeded or conflict with the proposed subdivision. New public access easements will be required to address General Plan Mobility Element Policies M-2.5 and M-3.2, and Land Use Element Strategy LU13.7.3, as identified on the approved map. These easements shall be maintained to allow for public access through the property.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 4 thereof, and those contained in all other Resolutions approved for this Project.

The application for a Vesting Tentative Map, Application No. TM-2025-008, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application No. TM-2025-008 as set forth in the Minutes of the City Council Meeting of June 2, 2026 meeting, and are incorporated by reference as though fully set forth herein. 270
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Approval is based on the plan set entitled “10268 Bandley Drive Cupertino” consisting of 75 sheets labeled as, A0.00– A8.1, C1.0 – C7.0, L1.1 – L9.1, INT1 to INT2, PRSL1 to PRSL2, PM, and TM-1, drawn by WHA Architects, Giacalone Design Services, CBG Civil Engineers Surveyors, and R3 Studios, except as may be amended by conditions in this resolution.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2025-016, and TR-2025-033 shall be applicable to this approval.

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

5. PUBLIC ACCESS REQUIREMENTS
In accordance with Mobility Element Policies M-2.5 and M-3.2 of the 2015-2040 Cupertino General Plan in effect in January 2024, the applicant shall maintain public access to the privately maintained streets and walkways where public access easements are shown on the Vesting Tentative Map.

6. INGRESS EGRESS EASEMENT
The property shall maintain a reciprocal ingress easement access easement for the property owner to the north and shall maintain shared driveway access as approved on the plans for the property owner to the south.

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

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

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

9. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS 272
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The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

CITY ENGINEER'S CERTIFICATE OF

ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conforms to generally accepted engineering practices. ___________________________
Chad Mosley, Assistant Director of Public Works
City Engineer CA License 66077
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
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ATTEST:
________________________
Lauren Sapudar, City Clerk
________________________
Date
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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING A TREE REMOVAL PERMIT FOR THE REMOVAL AND
REPLACEMENT OF 25 DEVELOPMENT TREES
LOCATED AT 10268 BANDLEY DRIVE; APN: 326-33-097
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2025-033
Applicant: SummerHill Homes, LLC
Property Owner: Bandley Center Inc.

Location: 10268 Bandley Drive; APNs: 326-33-097
SECTION II: FINDINGS FOR A TREE REMOVAL PERMIT:

WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree Removal Permit as described in Section I of this resolution; and WHEREAS, the project is determined to be statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a); and
WHEREAS, on May 12, 2026, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and
WHEREAS, on May 12, 2026 the Planning Commission recommended on a 4-1 vote (NO:

Rao) that the City Council approve the Architectural and Site Approval Permit (ASA2025-016) in substantially similar form to the Resolution presented (Resolution No. 2026- 18), approve the Vesting Tentative Map (TM-2025-008) in substantially similar form to the Resolution presented (Resolution No. 2026-16), and approve the Tree Removal Permit (TR-2025-033), in substantially similar form to the Resolution presented (Resolution No. 2026-17);
WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the City Council has held at least one public hearing in regard to this application; and 275
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WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Tree Removal Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
a) That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s).

To accommodate for the new development’s structures, walkways and internal street network to public open spaces, the existing trees cannot be preserved in their current locations. The applicant proposes replacement trees throughout the site in conformance with the Municipal Code Ordinance requirements. The project proposes to locate the replacement trees where tree coverage is needed, while protecting all off-sitetrees adjacent to the project site.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 3 herein, and subject to the conditions contained in all other Resolutions approved for this Project
The application for a Tree Removal Permit, Application No. TR-2025-033, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. TR-2025-033 as set forth in the Minutes of the City Council Meeting of June 2, 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 “10268 Bandley Drive Cupertino” consisting of 75 sheets labeled as, A0.00– A8.1, C1.0 – C7.0, L1.1 – L9.1, INT1 to INT2, PRSL1 to PRSL2, PM, and TM-1, drawn by WHA Architects, Giacalone 276
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Design Services, CBG Civil Engineers Surveyors, and R3 Studios, except as may be amended by conditions in this resolution.

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

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TM-2025-008 and ASA-2025-016 shall be applicable to this approval.

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

5. TREE RETENTION
In accordance with the approved, peer-reviewed arborist report for this project, the applicant is required to protect in place neighboring trees located off-site identified as trees #906-#910.

6. TREE REPLACEMENT SIZE
The applicant shall provide adequate tree replacements for trees proposed to be removed in conformance with the replacement guidelines per Cupertino Municipal Code Section 14.18.160. The required tree replacement for the project is one (1) 36-inch box tree and 34 24-inch box trees, or a combination thereof that meets the minimum requirements of the Municipal Code. If the planting schedule is modified, the size of the proposed replacement trees shall be consistent with the following requirements of the City’s Protected Tree Ordinance unless deemed infeasible by the City’s Consulting Arborist:
• Diameter of trunk size of removed tree up to 12 inches shall be replaced with one 24-inch box tree;
• Over 12 inches and up to 36 inches shall be replaced by two 24-inch box tree or one 36-inch box tree; and
• Over 36 inches shall be replaced with one 36-inch box tree.

Should it be determined that planting of replacement trees in the quantity or a portion of the quantity specified above cannot be accomplished in accordance with best forestry management practices, the applicant shall pay an in-lieu fee for each 277
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tree not replaced on-site in accordance with the in-lieu fee requirements outlined in Municipal Code Section 14.18.160(B).

7. ARBORIST REVIEW
Prior to building permit issuance, any modifications to the approved landscape plan including, but not limited to, the number, location, and species of replacement trees, shall be reviewed and approved by the City in consultation with the City’s Consulting Arborist, at the applicant’s cost. All replacement trees shall be planted prior to final building inspection. The Applicant shall provide the Department of Community Development adequate documentation, including, but not limited to, photographs, receipts or invoices, to verify that replacement trees have been planted. The City’s consulting arborist shall inspect the trees after planting and a report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy for any of the residential units.

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

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

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

11. 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.
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The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

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

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

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2026, by the following vote:

Members of the City Council
AYES:

NOES:
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ABSENT:

ABSTAIN:

SIGNED:
________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________

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

Housing Crisis Act (HCA)
The Housing Crisis Act (HCA), adopted in 2019 under Senate Bill 330, and amended in 2021 by Senate Bill 8, broadly aims to address actions that would decrease or delay the approval and development of new housing by requiring the timely processing of permits by local agencies. Among many components, the law includes a provision to allow applicants to vest ("lock-in") fees, ordinances, policies, and standards that are in effect at the time of submittal of a SB330 preliminary application to the City. Only the limited information specified in State law is required for the submittal of a SB330 preliminary application. Further, the law prohibits the City from conducting more than five hearings, or meetings, in connection with the approval of a housing development project.

State Density Bonus Law (SDBL)
California’s Density Bonus Law (SDBL), codified in California Government Code § 65915- 65918, aims to promote and facilitate the creation of affordable units in new housing projects by allowing:
• A density "bonus" that allows for an increase to a property’s base density (I.e., more market rate units than allowed by the density, as determined by the specific percentage and level of affordability of the affordable units included in a project.); • Unlimited waivers to development standards that would physically preclude the construction of the project as designed (I.e., modifications or elimination of any development standard);
• Concessions that modify development standards to achieve an identifiable and actual cost reduction (i.e., Specified number of incentives as identified in state law based on the level of affordability and percentage of affordable units ); and • Reduced parking standards. Parking standards identified in state law by project type, proximity of transit facilities, affordability level of the development (or affordable units) and/or number of bedrooms ).
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City of Cupertino
10268 BANDLEY DRIVE

RESIDENTIAL DEVELOPMENT PROJECT
May 2026 | CEQA Exemption Memorandum
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May 2026 | CEQA Exemption Memorandum
10268 BANDLEY DRIVE

RESIDENTIAL DEVELOPMENT PROJECT
for City of Cupertino
City of Cupertino
Contact: Gian Martire, Senior Planner
10300 Torre Avenue
Cupertino, California 95014
408.777.3319
Prepared by:

PlaceWorks
Contact: Rachel Goren, Associate
2040 Bancroft Way #400
Berkeley, California 94704
510.848.3815
www.placeworks.com
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TABLE OF CONTENTS

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

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

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

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

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

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

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

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

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

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

3.3 Conclusion ........................................................................................................... 19

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

SOURCES
All documents cited in this report and used in its preparation are hereby incorporated by reference into this document. Copies of documents referenced herein are available for review at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014.
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1. INTRODUCTION
This section describes the standards for determining a significant effect on the environment from construction and operation of the proposed 10268 Bandley Drive Residential Development (proposed project) pursuant to the requirements of the California Environmental Quality Act (CEQA). The City of Cupertino (City) is the lead agency for the proposed project.

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

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

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

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

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

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

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

This document has been prepared to demonstrate CEQA compliance as it pertains to the proposed project. This document also provides information to decision makers regarding a finding that the proposed project is exempt under CEQA. 287
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1. INTRODUCTION
2 PlaceWorks
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2. PROJECT DESCRIPTION

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

2.2 PROJECT SITE
The 1.55-acre project is at 10268 Bandley Drive, in an urbanized area. The project site is developed with commercial buildings and a surface parking lot with ornamental landscaping.

The site is surrounded by commercial development on all sides, with residential development east of North De Anza Boulevard and west of Bandley Drive.

According to Plan Bay Area, the project site is within a Santa Clara VTA City Cores, Corridors & Station Areas Priority Development Area (PDA) and a Transit Priority Area (TPA). The project site is within a quarter mile walking distance from VTA Bus Routes 23, 25, 51, and 55, which are considered major transit stops.

2.3 LAND USE AND ZONING DESIGNATIONS
The project site is assigned Assessor’s Parcel Number (APN) 326-33-097. The project site is subject to the following:
 General Plan Land Use. Office/Industrial/Commercial/Residential.  Specific Plan. North DeAnza Boulevard Special Area.
 Zoning District. Mixed Use Planned Development with General Commercial, Light Industrial, and Residential (P(CG, ML, Res)).
 Residential Density. 25 dwelling units per acre (maximum).  Height. 45 feet.
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2. PROJECT DESCRIPTION
4 PlaceWorks
Pursuant to the State Density Bonus Law and the City’s Density Bonus ordinance (Cupertino Municipal Code [CMC] Chapter 19.56, Density Bonus), the project applicant has requested the following, to the extent needed to comply with applicable objective standards:
 A concession or incentive to eliminate the requirement to include a retail, commercial, or other mixed-use component in the proposed project.
 Waivers or reduction of development standards to reduce the front and rear setbacks for portions of the proposed project.
 A waiver or reduction of development standards to reduce the planter strip requirement.  A waiver or reduction of development standards in the landscape setback and area.

2.4 PROPOSED PROJECT
The project applicant, SummerHill Homes, is proposing a residential development that would involve the demolition of the existing commercial building and parking lot and the construction of 27 new townhome-style condominiums in four buildings. The proposed project would total 67,668 gross square feet.

The townhomes would be three stories and range in size from 1,507 to 2,292 square feet, with private outdoor space and garages. Three of the buildings would be 40 feet tall and one building would be just over 41 feet tall. The proposed project would provide 59 on-site vehicle parking spaces, with each unit having a 2-car garage and 5 additional guest spaces provided on-site. 290
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3. FINDINGS CONCERNING CEQA EXEMPTION

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

3.2 ANALYSIS IN SUPPORT OF FINDINGS
Infill Requirements
Table 1, Infill Requirements and Project Consistency, demonstrates that the project meets the requirements of PRC Section 21080.66(a), which specifically defines a “housing development project” in Government Code Sections 65905.5(b) and 65589.5(h)(2). 291
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3. FINDINGS CONCERNING CEQA EXEMPTION
6 PlaceWorks
Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
PRC Section 21080.66(a). Use Type.

The project meets the definition of a “housing development project” pursuant to Government Code Sections 65905.5(b) and 65589.5(h)(2).

The project meets any of the following criteria for a housing development:
 Residential units only
 Mixed-use development which includes residential and non-residential uses that meet any of the following criteria:
o At least two-thirds of the project's new or converted square footage is designated for residential use
o At least 50 percent of the project's new or converted square footage is designated for residential use and the project meets both of the following:
- The project includes at least 500 net new residential units - No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging1

o At least 50 percent of the net new or converted square footage is designated for residential use and the project meets all of the following:
- The project includes at least 500 net new residential units - The project includes the demolition or conversion of at least 100,000 square feet of non-residential use
- The project includes the demolition of at least 50 percent of the existing non-residential uses on the site
- No portion of the project is designated for transient lodging, except a portion of the project may be designated for use as a residential hotel (as described above)
 Transitional housing or supportive housing; or
 Farmworker housing, as defined in California Health and Safety Code Section 50199.7(h)
Consistent. The proposed project includes the construction of 27 residential units only.
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MAY 2026 7
Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
PRC Section 21080.66(a)(1): Size.

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

Consistent. The project site is 1.55 acres.

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

PRC Section 21080.66(a)(3): Urban Development. The project site meets any of the following criteria:
 The site has been previously developed with an urban use;  At least 75 percent of the perimeter of the site adjoins parcels developed with urban uses;
 At least 75 percent of the area within a one-quarter mile radius of the site is developed with urban uses;
 At least three sides of the site are developed with urban uses and at least two-thirds of the site’s perimeter adjoins parcels that are developed with urban uses (for sites with four sides)
Consistent. The project site is developed with an existing commercial building and a paved surface parking lot. The site is surrounded by urban uses and paved public streets. In addition, surrounding land uses within one-quarter mile of the site are developed with urban uses. 293
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8 PlaceWorks
Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
PRC Section 21080.66(a)(4): General Plan or Zoning Consistency. The project is consistent with the applicable general plan or zoning ordinance, and any local coastal program as applicable.

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

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

Consistent. The project site is within the General Plan North DeAnza Boulevard Special Area and the General Plan land use designation is Office/Industrial/Commercial/Residential. The zoning district is Mixed Use Planned Development with General Commercial, Light Industrial, and Residential (P(CG, ML, Res)). The General Plan land use designation allows residential development and an established residential density of up to 25 dwelling units per acre. The North DeAnza Boulevard Special Area, which is consistent with the General Plan assumptions for the site, includes residential as a supporting use and allows for fully residential development through the use of a Density Bonus Concession. In addition, the project site’s zoning district allows for residential development on the property. The proposed project would provide a residential density of 17.4 dwelling units per acre, which is within the density allowed for the project site under the General Plan.

The proposed maximum building height of 41 feet is consistent with the General Plan’s 45-foot height limit allowed for the site.

PRC Section 21080.66(a)(5): Density. The project will be at least one-half of the following applicable density specified in Government Code Section 65583.2(c)(3)(B), to accommodate housing for lower income households3  At least 15 units per acre allowed for sites within an incorporated city within a non-metropolitan county and for a non-metropolitan county that has a micropolitan area
 At least 10 units per acre allowed for sites within an unincorporated area in a non-metropolitan county not included in the above requirement
 At least 20 units per acre allowed for sites within suburban jurisdictions  At least 30 units per acre allowed for sites within a jurisdiction in a metropolitan county.

Consistent. The project site is in a metropolitan county (i.e., Santa Clara County). Therefore, the minimum density requirement under PRC Section 21080.66(a)(5) is at least one half of 30 dwelling units per acre.

The project would have a residential density of 17.4 dwelling units per acre.
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Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
PRC Section 21080.66(a)(8): Lodging Uses.

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

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

Notes:
1 For a project that was deemed complete pursuant to Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. Other transient lodging does not include either of the following: a residential hotel, as defined in Section 50519 of the Health and Safety Code, or a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code.
2 United States Census Bureau, 2026, March 19 (accessed), Redefining Urban Areas following the 2020 Census, https://www.census.gov/newsroom/blogs/randomsamplings/2022/12/redefining-urban-areas-following-2020-census.html. 3 California Legislative Information, 2026, March 19 (accessed), Government Code – GOV: ARTICLE 10.6. Housing Elements [65580 - 65589.11], https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65583.2.&nodeTreePath=12.1.10.10&lawCode=GOV. 295
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Environmental Criteria
Pursuant to PRC Section 21080.66(a), the project site must meet the environmental criteria identified in Government Code Section 65913.4(a)(6) in addition to PRC Section 21080.66(a)(7).

These environmental criteria and the proposed project’s consistency are detailed in Table 2, Environmental Criteria and Project Consistency. As shown in Table 2, the project site would meet the environmental criteria.

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

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

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

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

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

Consistent. The United States Fish and Wildlife
Service does not identify any wetlands on or
near the project site.3
Fire Hazard Severity Zone. The project site cannot
be within a very high fire hazard severity zone
(FHSZ), as determined by the Department of
Forestry and Fire Protection (CAL FIRE) pursuant to
Government Code Section 51178, or within a high
or very high FHSZ as indicated on maps adopted by
CAL FIRE pursuant to PRC Section 4202. This
requirement does not apply to sites that have
adopted fire hazard mitigation measures pursuant
Consistent. The project site is not within a very
high FHSZ, as designated by CAL FIRE. It is
approximately 2.8 miles east of a high FHSZ in
a Local Responsibility Area, and 3 miles east of
lands that CAL FIRE designates as a high FHSZ
in a State Responsibility Area.4
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Table 2 Environmental Criteria and Project Consistency
Environmental Criteria Consistency Determination
to existing building standards or state fire
mitigation measures applicable to the
development.

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

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

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

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

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

Consistent. A small portion of Cupertino is in
the Santa Clara Valley Habitat Plan; however,
the project site is approximately 1 mile north
of the boundaries of the plan.
13 Special Status Species Habitat. The project site
cannot be in a habitat for protected species
identified as candidate, sensitive, or species of
special status by state or federal agencies, fully
protected species, or species protected by the
federal Endangered Species Act of 1973, the
California Endangered Species Act, or the Native
Plant Protection Act.

Consistent. The Classification and Assessment
with Landsat of Visible Ecological Groupings
habitat mapping program classifies the project
site as an “Developed, High Intensity,” which
tends to have low to poor wildlife habitat value
due to replacement of natural communities,
fragmentation of remaining open space areas
and parks, and intensive human disturbance.

The California Natural Diversity Database has
no record of special-status plant and animal
species on the project site or urbanized areas
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Table 2 Environmental Criteria and Project Consistency
Environmental Criteria Consistency Determination
within a one-mile area surrounding the site.14
There are no natural lands within a one-mile
area of the project site. Accordingly, the
project site has no value as habitat for
endangered, rare, or threatened species.

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

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

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

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

1. California Coastal Commission, 2019, Maps: Coastal Zone Boundary, https://www.coastal.ca.gov/maps/czb/, accessed March 19, 2026.

2. California Department of Conservation, 2022, California Important Farmland Finder, https://maps.conservation.ca.gov/DLRP/CIFF/, accessed March 19, 2026.

3. United States Fish and Wildlife Service, 2026, March 19 (accessed), National Wetlands Inventory, https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/.

4. California Department of Forestry and Fire Protection, 2026, March 19 (accessed), Fire Hazard Severity Zone Viewer, https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazardseverity-zones.

5. California Department of Toxic Substances Control, 2026, March 19 (accessed), Hazardous Waste and Substances Site List (Cortese),
https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS &status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29.

6. California Environmental Protection Agency, 2026, March 19 (accessed), Cortese List Data Resources, https://calepa.ca.gov/SiteCleanup/CorteseList/.

7. State Water Resources Control Board, 2026, March 19 (accessed), GeoTracker, https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=10268+bandley+drive.

8. California Environmental Protection Agency, 2026, March 19 (accessed), Sites Identified with Waste Constituents Above Hazardous Waste Levels Outside the Waste Management Unit, https://calepa.ca.gov/wpcontent/uploads/2026/02/CorteseList-Solid-Waste-Facilities_2026.pdf.

9. California Environmental Protection Agency, 2026, March 19 (accessed), List of “active” CDO and CAO from Water Board, https://calepa.ca.gov/wp-content/uploads/2026/03/2026_scp_cortese.list_lat.long_.pdf. 299
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10. California Environmental Protection Agency, 2026, March 19 (accessed), Cortese List: Section 65962.5(a), https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/.

11. California Geological Survey, 2026, March 19 (accessed), Earthquake Zones of Required Investigation, https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/.

12. Federal Emergency Management Agency, 2009, May 18, FEMA Flood Map Service Center: Search By Address, https://msc.fema.gov/portal/search?AddressQuery=10268%20bandley%20Dr%2C%20Cupertino%2C%20CA%2 095014, accessed March 19, 2026.

13. Santa Clara Valley Habitat Agency, 2013, Santa Clara Valley Habitat Plan Geobrowser, https://scvha.maps.arcgis.com/apps/webappviewer/index.html?id=f2268679c2fa49489e3f7d6e8377837e, accessed March 19, 2026.

14. California Natural Diversity Database, 2026, March 19 (accessed), CNDDB Maps and Data, https://apps.wildlife.ca.gov/bios6/?tool=cnddbqv.

15. National Park Service, 2024, July 10, National Register of Historic Places, https://www.nps.gov/subjects/nationalregister/database-research.htm#table, accessed March 19, 2026.

16. California Office of Historic Preservation, 2026, March 19 (accessed), California Historical Resources, https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43.

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

4.4-8 to 4.4-12.

Tribal Cultural Resources

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

Tribal Notification
The City received a request to be notified about projects in the city of Cupertino from the Tamien Nation on May 28, 2021, as the city is within the geographic area with which they are traditionally and culturally affiliated. The City routinely notifies the Tamien Nation of all applicable projects pursuant to the Native American Historic Resource Protection Act, commonly referred to as its legislative bill number, AB 52. In addition, the City sent a request to 300
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the Native American Heritage Commission (NAHC) for a Tribal Contacts List on August 4, 2025.

The NAHC provided a consultation list with a total of 23 contacts for nine tribes that are traditionally and culturally affiliated with the geographic area of the city of Cupertino on August 5, 2025:
 Amah Mutsun Tribal Band  Muwekma Ohlone Tribe of the SF Bay Area  Amah Mutsun Tribal Band of Mission San
Juan Bautista
 Northern Valley Yokut / Ohlone Tribe
 Tamien Nation
 Costanoan Rumsen Carmel Tribe  The Ohlone Indian Tribe  Indian Canyon Mutsun Band of Costanoan  Wuksachi Indian Tribe/Eshom Valley Band SummerHill Homes notified the City that the proposed project is eligible to be exempt pursuant to PRC Section 21080.66 on November 6, 2025. On November 19, 2025, the City sent outreach request letters via certified mail and email for each tribal contact provided. Table 3, Tribal Notification, Outreach, and Consultation Initiation, shows the contacts that requested consultation.

Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact
Date of
Response
Date of
Consultation
Initiation
Amah Mutsun Tribal Band Ed Ketchum, Vice-Chairperson -- -- Amah Mutsun Tribal Band Valentin Lopez, Chairperson -- -- Amah Mutsun Tribal Band of
Mission San Juan Bautista
Garry Zimmer, Senior Cultural
Monitor and Consultant -- --
Amah Mutsun Tribal Band of
Mission San Juan Bautista
Christopher Zimmer, Senior
Cultural Monitor and
Consultant, Councilman
-- --
Amah Mutsun Tribal Band of
Mission San Juan Bautista
Michelle Zimmer, Senior Cultural
Monitor and Consultant -- --
Amah Mutsun Tribal Band of
Mission San Juan Bautista Irenne Zwierlein, Chairperson -- -- Amah Mutsun Tribal Band of
Mission San Juan Bautista
Shelby Brown, Senior Cultural
Monitor and Consultant,
Councilwoman
-- --
Costanoan Rumsen Carmel Tribe Carla Munoz, Tribal Council -- -- Costanoan Rumsen Carmel Tribe Samuel Rodriguez, Cultural Resource Officer -- --
Costanoan Rumsen Carmel Tribe Henry Muñoz, Cultural Resource Officer -- --
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Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact
Date of
Response
Date of
Consultation
Initiation
Indian Canyon Mutsun Band of
Costanoan
Ann Marie Sayers, Retired
Honorable Elder -- --
Indian Canyon Mutsun Band of
Costanoan
Kanyon Sayers-Roods, Tribal
Chairwoman
1/6/2026 1/7/2026
Muwekma Ohlone Tribe of the SF
Bay Area
Richard Massiatt,
Councilmember/MLD Tribal Rep. 11/19/25 11/25/2025
Muwekma Ohlone Tribe of the SF
Bay Area Charlene Nijmeh, Chairperson 11/19/25 11/25/2025 Northern Valley Yokut / Ohlone
Tribe Katherine Perez, Chairperson -- --
Northern Valley Yokut / Ohlone
Tribe
Timothy Perez, Tribal
Compliance Officer -- --
Tamien Nation Lillian Camarena, Secretary 12/2/2025
No
consultation
requested
Tamien Nation Quirina Geary, Chairperson 12/2/2025
No
consultation
requested
Tamien Nation Johnathan Wasaka Costillas,

THPO -- --
The Ohlone Indian Tribe Desiree Vigil, THPO -- --
The Ohlone Indian Tribe Andrew Galvan, Chairperson -- -- The Ohlone Indian Tribe Vincent Medina, Cultural Leader -- -- Wuksachi Indian Tribe/ Eshom
Valley Band Kenneth Woodrow, Chairperson -- --
Source: Native American Heritage Commission, August 2025.

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

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

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

Environmental Assessment (Hazardous Materials)

PHASE I ENVIRONMENTAL SITE ASSESSMENT
PRC Section 21080.66(c)(1)(A) states that local government shall require the project applicant to complete a Phase I Environmental Site Assessment (ESA) as a condition of approval for the development, as defined in Section 78090 of the Health and Safety Code. Based on PRC Section 21080.66(c)(1)(B), if a recognized environmental condition (REC) is found, the project applicant shall complete a preliminary endangerment assessment1 (in accordance with the California Health and Safety Code Section 78095), prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. Pursuant to PRC Section 21080.66(c)(1)(C), if release of a hazardous substance is found to exist on the site, the release shall be removed, or any effects of the release shall be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy. Pursuant to PRC Section 21080.66(c)(1)(D), if a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall 1 Based on the California Health and Safety Code Section 78095, preliminary endangerment assessment includes the following activities: Sampling and analysis of a site; a preliminary determination of the type and extent of hazardous material contamination of a site; and a preliminary evaluation of the risks the hazardous materials contamination of a site may pose to public health or the environment. 303
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be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy.

A Phase I ESA was prepared and third-party peer reviewed as part of the City’s requirements in Cupertino Municipal Code Chapter 17.04, Standard Environmental Protection Requirements, that identifies standard environmental protection requirements that all construction projects must meet. The results of the Phase I ESA did not find any RECs. However, a business environmental risk (BER), a condition that can have a material environmental or environmentally driven impact on the business associated with the current or planned use of commercial real estate, was identified. A limited Phase II Investigation was prepared and thirdparty peer reviewed that concluded there is not an unacceptable human health risk to future residents in regard to metals and Organochlorine Pesticides (OCPs) from past agricultural orchard use and no further investigation is recommended for the site. Accordingly, the project has complied with the requirements of PRC Section 21080.66(c)(1) regarding hazardous materials.

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

Project Consistency. The project site is approximately 0.4 miles (2,200 feet) away from the freeway; therefore, the proposed project is not subject to PRC Section 21080.66(c)(2) criteria.

Other Requirements

LABOR CODE
PRC Section 21080.66(d) includes additional labor requirements for housing development projects, including:
 The payment of at least the general prevailing rate of per-diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations, to construction 304
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workers employed in the execution of a 100 percent affordable housing development project.
 Compliance with the labor standards outlined in Government Code Section 65913.4(a)(8) for buildings over 85 feet in height above grade.
 Compliance with the labor standards of Government Code Section 65912.130 for projects of 50 units or greater in the city and county of San Francisco, for any construction craft where at least 50 percent of the units in market-rate multifamily housing projects that received their certificate of occupancy between 2022 and 2024, inclusive, were built by workers that were paid not less than the general prevailing rate of per-diem wages.  Extension of Labor Code Section 218.8 to the project applicant in addition to the direct contractor or subcontractor.
 Allowance of a joint labor-management cooperation committee to undertake specific actions to court.

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

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

3.3 CONCLUSION
As analyzed in Section 3.1, Public Resources Code Section 21080.66, the proposed project meets the criteria for statutory exemption. Accordingly, this document finds that a Notice of Exemption is appropriate for the proposed project pursuant to CEQA Guidelines Section 15062. 305
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May 26, 2026
City of Cupertino City Council
10300 Torre Avenue
Cupertino, CA 95014
Re: SummerHill TownHomes at 10268 Bandley Drive (ASA-2025-016, TM-2025-008, TR-2025-033) — Comments on Land Use Compatibility Dear Mayor and Councilmembers,
We submit the following comments in connection with the above-referenced applications.

Long-Term Use Compatibility. Introducing residential uses into a predominantly non-residential corridor is typically undesirable and could create a sensitive interface. Well established existing commercial and industrial operations are characteristics of this part of the City and may not align with typical residential expectations. If the City decides to approve this project, proactive mitigation measures such as enhanced sound attenuation (windows/walls) and ample landscaping buffers (along the side/rear project boundaries), and strategic placement of upper floor residential windows are recommended conditions of approval.

Construction Period Coordination. Construction staging, access, and heavy equipment from the project could impact existing adjacent business operations. We recommend requiring a construction management plan as a condition of approval that mandates proactive neighbor notification, defined coordination protocols, and protections for shared access points and the maintenance of existing rights-of-way throughout construction.

Pre-Occupancy Disclosure. Future residents, owners, and/or tenants should be formally informed of the existing area's non-residential character before occupancy. Recorded disclosures or CC&R provisions should clearly communicate the operational realities of adjacent uses, not limited to:
approved trash/loading areas, permitted uses, hours of activity, delivery schedules, and associated noise levels to set appropriate expectations.

Addressing these matters as conditions of approval will protect incoming residents, preserve the operational continuity of existing businesses, and 307
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support a stable land use environment over time. We appreciate the Commission's consideration on this matter.

Respectfully submitted,
Gary Chao
Development & Global Transport Services
 Places
iPhone 408-828-5770
[email protected]
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P. 415.946.8777 Bay Area Council Bay Area Council Bay Area Council www.bayareacouncil.org The Historic Klamath PO Box 5135 1215 K Street, Suite 2220 Pier 9, The Embarcadero Berkeley, CA 94705 Sacramento, CA 95814 San Francisco, CA 94111
April 30, 2026
Mayor and Members of the City Council
City of Cupertino
10300 Torre Avenue Cupertino, CA 95014
Support for Proposed Housing Project at 10268 Bandley Drive Dear Mayor and Members of the Council,
On behalf of the Bay Area Council, I write in strong support of the proposed 27-unit townhome development at 10268 Bandley Drive. This project represents exactly the kind of thoughtful, well-located infill housing the region needs to address our ongoing affordability and supply crisis.

The Bay Area Council is a business-sponsored public policy organization representing more than 370 of the largest employers in the Bay Area. Our members employ over 4.5 million workers across the region, and we are deeply committed to expanding housing production at all income levels to keep the Bay Area economically competitive and livable. The Bandley Drive project merits enthusiastic support because it drives this goal forward for several reasons.

First, the location is ideal for new housing. The site sits within an office park surrounded by Apple facilities, meaning residents will be close to thousands of jobs. The site is also remarkably amenity-rich. Future residents will enjoy walkable access (under one half mile) to shopping and restaurants along Stevens Creek Boulevard and De Anza Boulevard, including a Target store less than a quarter mile away. William Faria Elementary and Lawson Middle Schools are both within one mile, and Cupertino Memorial Park along with the Quinlan Community Center sit roughly one half mile from the site. This degree of walkable access to daily needs, schools, and parks is exactly what good infill housing looks like.

Second, the project conforms fully with the city's General Plan and zoning. The site is designated Mixed Use Planned Development, which permits residential density up to 25 dwelling units per acre. The applicant proposes a modest 17 units per acre, well within allowable limits. The 27 townhomes will offer a mix of three-bedroom and four-bedroom layouts in a clean modern architectural style suitable for families. Townhomes are this generation’s starter home and we need to build a lot more of them for them to become more affordable.

Third, the project includes meaningful affordability. Five of the 27 homes will be deedrestricted below market rate, with two reserved for median-income households and three for moderate-income households. Cupertino, like the rest of the region, faces an acute shortage of family-sized homes attainable for teachers, nurses, public safety workers, and other middleincome earners. This project helps meet that need.

Fourth, the project takes advantage of AB 130's CEQA exemption pathway, allowing it to move forward efficiently while still meeting all underlying zoning, design, and building code requirements. Streamlined approvals for code-compliant infill housing are essential if Cupertino 309
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P. 415.946.8777 Bay Area Council Bay Area Council Bay Area Council www.bayareacouncil.org The Historic Klamath PO Box 5135 1215 K Street, Suite 2220 Pier 9, The Embarcadero Berkeley, CA 94705 Sacramento, CA 95814 San Francisco, CA 94111
is to meet its Regional Housing Needs Allocation and broader state housing goals. While this is not a Housing Element site, the project advances the same objectives by delivering ownership housing in a high-opportunity, transit-served, amenity-rich location.

For these reasons, the Bay Area Council respectfully urges the City of Cupertino to approve the proposed development at 10268 Bandley Drive. We commend the applicant for delivering a project that is well-designed, well-located, and fully consistent with community and regional goals. Thank you for your consideration.

Sincerely,
Louis Mirante
Senior Vice President of Public Policy
[email protected]
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Prometheus Real Estate Group Develops Franco Park With City of Cupertino 5/5/26, 1:26 PM https://www.prnewswire.com/news-releases/prometheus-real-estate-group-develops-franco-park-with-city-of-cupertino-116418424.html Page 1 of 2 Prometheus Real Estate Group
Develops Franco Park With City of
Cupertino
Cupertino's newest park adjoins Markham
Apartments
Prometheus Real Estate Group
SAN FRANCISCO, Feb. 17, 2011 /PRNewswire/ -- The city of Cupertino unveils a new city park developed in partnership with Prometheus Real Estate Group Inc.

Franco Park adjoins Prometheus' Markham Apartments, on the corner of Homestead Road. At a little over a half acre, the park has been nearly three years in the making and was developed along with the addition of 116 residential units at Markham Apartments. Named in memory of PW Market owner Joey Franco, Franco Park features a modern play structure and manicured lawns.

Cupertino Mayor Gilbert Wong performed the ribbon cutting ceremony January 22, under sunny skies with children standing by ready to play in the new park. "Cupertino is very famous for its schools and Apple Computer for high-tech," said Wong. "The quality of life is also very important in the community. You can have good jobs, good schools, but you need amenities, like libraries and parks. This is a great partnership that we can work together with a private company like Prometheus and the city to build a public park," said Wong.
"Franco Park is an excellent example of how a public private partnership can 313
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Prometheus Real Estate Group Develops Franco Park With City of Cupertino 5/5/26, 1:26 PM https://www.prnewswire.com/news-releases/prometheus-real-estate-group-develops-franco-park-with-city-of-cupertino-116418424.html Page 2 of 2 result in an absolute win win for everyone--for the City, our residents at Markham Apartments and the greater community of citizens in Cupertino," said Executive Vice President, Jonathan Moss. "We are grateful to the City of Cupertino for its collaborative efforts in creating a very special place for generations to come."
About Prometheus
Prometheus Real Estate Group is the largest private owner of multi-family properties in the San Francisco Bay Area with a growing portfolio of more than 18,000 metropolitan-area apartments in the Seattle, Portland, Ore., and Los Angeles communities. Since its inception in 1965, Prometheus Real Estate Group has specialized in the acquisition, development and management of high quality residential and commercial properties throughout the Western United States. Prometheus has a long history of award-winning approaches to development, management and general excellence. Recent recognition includes: 2010 MHN Best Property Management Company of the Year, three Gold Nugget Awards and one Grand Award from the Pacific Coast Builder's Conference, First Place in Customer Service and Experience from For Rent Magazine, a California Landscape Association Trophy Award, a Rosey Award from the Portland Advertising Federation and the Multi-Housing News Design Excellence Award. For more information, visit http://prometheusreg.com, Facebook, Twitter, or Linkedin.

SOURCE Prometheus Real Estate Group
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From: Jack Farrell <[email protected]>
Sent: Monday, May 11, 2026 10:03 AM
To: Gian Martire <[email protected]>
Subject: Letter of Support for 10268 Bandley Drive
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good morning,
Please find attached YIMBY Law's letter of support for Item 2 of the 5/12/26 Planning Commission hearing.

Sincerely,
Jack Farrell he/him
Research Attorney
267-218-1147
Check out everything we achieved in 2025!
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May 11, 2026
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposed Housing Development at 10268 Bandley Drive By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
Dear Cupertino Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of its obligation to abide by all relevant state laws when evaluating the proposed 27-unit housing development project at 10268 Bandley Drive, which includes 5 median- and moderate-income units. These laws include the Housing Accountability Act (“HAA”), the Density Bonus Law (“DBL”), and AB 130.

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

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

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

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

CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org. 2 of 3
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Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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From: Cathy Helgerson <[email protected]>
Sent: Monday, May 11, 2026 1:27 PM
To: Tracy Kosolcharoen <[email protected]>; [email protected]; David Fung <[email protected]>; Seema Lindskog <[email protected]>; Santosh Rao <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Gian Martire <[email protected]>; Nicky Vu <[email protected]>
Cc: Kitty Moore <[email protected]>; Liang Chao <[email protected]>; Sheila Mohan <[email protected]>; J.R. Fruen <[email protected]>; R "Ray" Wang <[email protected]>
Subject: 10268 Bandley Drive Public Hearing
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello ALL,
My name is Cathy Helgerson. I live at 20697 Dunbar Drive, Cupertino, Ca. I have lived at this address for 46 years and still counting. I have come to this meeting to voice my objections to this build at 10268 Bandley Drive, Cupertino, Ca. The development of 27 three story townhome condominiums, including 5 affordable units, with associated site improvement, to replace a commercial office building on a 1.55-acre site, located midblock on Bandley Drive between Mariani Avenue and Lazaneo Drive. The Planning Commission has scheduled a public hearing to review this possible build at Bandley Drive in Cupertino. My concerns are many and I will try and cover most of them in this email.

My home is on the other side of the proposed build further down the road over the wall. 319
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Apple Computer has a Research and Development lab building and has been there for over 30 years and counting. My concern has been that later and who really knows when that there could be additional builds proposed and that maybe more commercial buildings will be taken over by this housing build requirements. Years ago Better Cupertino sent me a photo they made with a 5 story building built right where Apple Computer has their R & D Lab and they mentioned that this build could happen right next to my property over the wall. I was very alarmed over this and got involved in city and county matters over the years.

My fear now is that once the City of Cupertino accepts projects like this one on the other side of Bandley Drive that soon they will start to open up things and could possibly develop the other side of the road. This could be a very serious problem with the people that live next to the wall. Single family homes could be endangered by high rise buildings.

The Bandley Drive Road building project is listed as Residential R-2 Development. The buildings on Bandley Drive are Commercial Buildings and have been for decades. I ask that the zoning be limited to Commercial Buildings and the Residential category zoning be taken out. We need the Commercial Buildings which are very important to the city.

I attended the Economic Development Committee meeting that was just recently formed again. They are looking at adding and encouraging businesses to come to Cupertino to set up businesses. There will be a meeting again in July and I will be attending and I think they will have monthly meetings after that.

We should look at the builds on Stevens Creek Blvd. that the City of Cupertino has approved that will be replacing the Pizza Hut, Staples Store and Fontana's Restaurant.

They will be gone which is a real shame. Many people have lost their jobs at Staples Store and complained but no one listened. There is also on the other side of Stevens Creek Blvd. another approved build that will be replacing the Voyager Coffee shop and the Panera Bread this is another build. This building will also replace the Daycare Center and Office Center. The Cupertino small offices at this site are necessary to the city. We need this Daycare Center. This has all been approved. This is all so sad and the public really did not get a chance to stop this terrible tragedy.

My feeling now is that I have to comment by asking the question: how can Cupertino attract any new businesses if in fact there could be a possibility that once they establish themselves and set up their businesses all that would have been in vain. A housing project could come up and they would have to move. Or never to be heard of again. The 320
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question I asked at the Economic Development Committee meeting was how can you think that any business would want to come to Cupertino if they knew that once they got their business established that they may have to move out because of the housing quota requirements. How can the Economic Development Committee even function after that? I am sure they have to look at this great problem.

I pulled off a report on the web titled Major Residential Projects Cupertino, Ca. This report shows a list of housing projects that have been approved or reviewed still pending. It left out some key details that I have contacted staff to see if they can put the details in. These details would include how many units at each location and the date that the projects were approved. This report should also include where we stand with the quota ongoingly. There is a lot of information that needs to be added. The building quota over all of Cupertino at this time is 4,600 units; the city zoning can allow for over 5,800 units exceeding the minimum state requirements by roughly 28%. This could be just for one year. Each year there is a new quota. The SB 330 bill is set for a period of 8 years and the information should be listed for each build on a formal report that goes to the State Senator. We also should take into account the total number of units each quarter.

It should also be noted that the key project, "The Rise" (Formally Vallco), is currently slated to provide 2,669 units of housing that is not listed on the City of Cupertino's Major Projects list. As of April 2025 the City of Cupertino at this site has approved 2,852 units of housing and has 424 additional units under review, totalling 3,267 units of housing.

This is roughly 70% of the goal certified between 2023-2031 Housing Element to comply with the State Regional Housing Needs Allocation (RHNA). Of these, approximately 1,880 units must be affordable to lower-income households. How is the quota really decided? Who is in charge of that determination?
I contacted Cupertino's District 13 Senator Josh Becker's office and spoke to Alex Kobayashi who told me that the last count of housing that they had received from Cupertino was 254 units. So it seems they receive a report every year. This is not accurate by any means. I would suggest and it sure would be nice to send out this report quarterly to the Senator and other Senators from other cities. How can the housing requirements be held if the reports are not accurate and up to date? I have to ask when was this housing unit quota established? How are the quotas for every city, especially Cupertino established? The bill established by the Senate only lasts 8 years I guess or does it? Where are we now in the calculations? This should all be public information and it is not.

The quotas set for housing do not take into account what will happen with the traffic 321
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gridlock. They do not consider the additional resources that the cities will have to take on because of these builds. We will probably need more Sherriffs. I was told we only have 3 as of now. The city has a problem paying them now. What will happen later? Will the city hire their own police?
There are many commercial properties and restaurants that have closed down because of many reasons and it is time to look at these properties with jobs lost. The City needs to take into account what will happen when the traffic problems are way out of control and there is no Mono Rail system. Highways 85, 280 and 101 are overwhelmed by the traffic and at some times backed up considerably. Vallco (Rise) will bring in many people from all over the valley, other states and other countries this will cause traffic and other problems. There was a shooting at the WestGate Shopping Center not long ago that was really scary, and so I do not shop there anymore. The shops are too expensive and most people go there for the food court anyway.

We must look at the big picture. Do we want Cupertino and other cities to become ghettos? People will come here from all over the United States and from other countries.

This is already a reality. More people mean more crime, violence, disease, crowding, gridlock traffic problems, more taxes to support the poor and homeless, higher prices, more pollution and many other problems. The projects in New York City started in this way one at a time slowly creating a very sad situation. People used to say they lived in a ghetto and the projects turned into ghetto's. I do not want our great city of Cupertino and other cities to turn into a ghetto nor should anyone.

I will be working on these problems and hope that others will join me. I do not want this 27 three story townhome condominiums project to be approved. Keep Bandley Drive Commercial buildings only no Residential Housing change the zoning. Stop killing good businesses of restaurants, coffee shops, and commercial buildings with these housing projects that are not what the public wants.

I hope that the Planning Commissions and the City Council will listen to my plea. Please do not approve this Bandley Drive housing project. No more residential units on Bandley Drive.

I have sent this e-mail message to the City of Cupertino's City council in hopes that they will listen to my plea.

Thanks you,
Cathy Helgerson - 408-253-0490
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1 Lindsay Nelson
From: Rhonda L <[email protected]>
Sent: Monday, May 11, 2026 3:25 PM
To: City of Cupertino Planning Commission
Cc: Rhonda Lukich; Gian Martire
Subject: Comments to proposed development, 10268 Bandley Drive CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To:

City of Cupertino Planning Commission
From:

Rhonda Lukich, Owner/Manager, Boyer Family Partnership I, 20605 Lazaneo Drive David Wollenberg, President of The Cortana Corporation, Managing General Partner of Cupertino Industrial Associates, Owner, 10460 Bandley Drive
Date:
5/11/26
Subject:

Proposed Summerhill Development, 10268 Bandley Drive, Cupertino Hello,
As the Planning Commission considers Summerhill Development Company’s proposed residential project of 27 three story townhomes at 10268 Bandley Drive, I’d like to introduce factors that could potentially have negative impacts on our properties which are adjacent to the project and and most importantly, our Tenant. We understand the State's need for more housing and the pressure the City of Cupertino is under to satisfy the State’s mandated goals. That being said, this property is first and foremost a commercial business park. When it was developed, back in 1977 there was never any intention of residential housing like this proposed development of fitting into this environment. If this development passes, future residents of these units must be made aware before purchasing that our Tenant is likely to have business related activities that could very well be unappealing to residential housing including evening and overnight noise from generators, air-conditioners and various other commercial related operations, deliveries and potential future remodeling projects.

Factors that should be considered in Summerhill’s proposal are:
1)
A construction mgmt. plan should be made available for surrounding properties to review. 2)
No parking on our properties before, during or after construction, into perpetuity. 3)
CC&R’s and marketing materials need to include and be clear on the fact that his is a commercial business park first and foremost. Future residents cannot come back and complain to the City about commercial activity and/noise.
4)
CC&R’s need to be clear that residents will be restricted from using Tenant's leased property as a passthrough to other streets.
5)
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2 Signs need to be installed that designate our parcels as private property and that violators risk being towed.
6)
CC&R’s need to be written to strictly enforce parking restrictions, trash removal, landscape maintenance and keeping their space clean and in an orderly manner. 7)
Strong HOA needs to have strong enforcement mechanisms in their CC&R’s. 8)
A 7’ noise barrier wall, preferably concrete, should be installed to protect everyone’s interests.

We are hopeful that the incorporation of the above comments into Summerhill’s development plans will bring peace of mind for us as owners and Apple. Our priority is to protect our Tenant’s rights as they have the right to quiet enjoyment of their buildings.

Thank you for your consideration.

Rhonda Lukich
David Wollenberg
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3 Lindsay Nelson
From: James Lloyd <[email protected]>
Sent: Monday, May 11, 2026 3:26 PM
To: City of Cupertino Planning Commission; Santosh Rao; Tracy Kosolcharoen; David Fung; Seema Lindskog; Steven Scharf
Cc: Piu Ghosh (she/her); City Attorney's Office; Cupertino City Manager's Office; City Clerk; City of Cupertino Planning Dept.

Subject: public comment re item 2 for the 5/12/26 Planning Commission hearing Attachments: Cupertino - 10268 Bandley Drive - HAA Letter.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits the attached public comment letter in support of item 2 for the 5/12/26 Planning Commission hearing, the proposed 27-unit housing development project at 10268 Bandley Drive, which includes 5 median- and moderate-income units.

Sincerely,
James M. Lloyd
Director of Planning and Investigations
California Housing Defense Fund
[email protected]
CalHDF is grant & donation funded
Donate today - https://calhdf.org/donate/
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May 11, 2026
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposed Housing Development at 10268 Bandley Drive By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
Dear Cupertino Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of its obligation to abide by all relevant state laws when evaluating the proposed 27-unit housing development project at 10268 Bandley Drive, which includes 5 median- and moderate-income units. These laws include the Housing Accountability Act (“HAA”), the Density Bonus Law (“DBL”), and AB 130.

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

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

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

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

CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org. 2 of 3
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Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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A0.2
April 17, 2026
© 2026 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA | 2024406 Cupertino, California
10268 BANDLEY DRIVE
© 2026 SummerHill Homes LLC. All rights reserved. Distribution subject to Government Code Section 65103.5 0 10 20 40

ILLUSTRATIVE SITE PLAN
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A0.6
April 17, 2026
© 2026 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA | 2024406 Cupertino, California
10268 BANDLEY DRIVE
© 2026 SummerHill Homes LLC. All rights reserved. Distribution subject to Government Code Section 65103.5 0 10 20 40

ARCHITECTURAL SITE PLAN
UNIT # PLAN TYPE

NUMBER OF

BEDRROOMS

LIVING AREA
(SF)
80%-100% OF
AMI
100%-120%
OF AMI
20, 26 PLAN 1 3 1,507 2
2 PLAN 1X 4 1,676 1
5, 17 PLAN 1X 4 1,676 2

BEDROOMS UNITS PERCENTAGE UNITS PERCENTAGE
3 BEDROOMS 7 26% 2 40%
4 BEDROOMS 20 74% 3 60%
TOTAL 27 100% 5 100%

UNITS PERCENTAGE
3 60%
2 40%
5 100%
Note: All units are for sale.
100%-120% OF AMI
TOTAL

BMR UNIT SUMMARY

ELIGILE HOUSEHOLD

PROJECT MIX BMR MIX

ELIGIBLE HOUSEHOULD INCOME
80% - 100% OF AMI
AU
AU
AU
AU
LEGEND:

W/H
© 2026 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA.

April 15, 2026
Cupertino, California
10268 BANDLEY DRIVE
| 2024406
Notes:
- Refer to Civil Sheets for all property lines, easements, site dimensions, accessible unit locations, etc.
- Refer to project data Sheet A0.8 for all site data information - Refer to Landscape sheets for landscape design, dimensions and detailed information
1 2 3 4 5 6
12 11 10 9 8 7
13 14 15 16 17 18
27 26 25 24 23 22 21 20 19
BLDG 1
BLDG 2
BLDG 3
BLDG 4

X UNIT NUMBER
PLAN 1
PLAN 1X
PLAN 2
PLAN 3

ADAPTABLE

BELOW-MARKET RATE UNIT
Moderate Income
Median Income
BMR
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A0.11
0 4 8 16
April 17, 2026
© 2026 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA | 2024406 Cupertino, California
10268 BANDLEY DRIVE
© 2026 SummerHill Homes LLC. All rights reserved. Distribution subject to Government Code Section 65103.5

STREETSCENE AND PHOTO SIMULATION

BANDLY DRIVE - EXISTING SITE

BANDLY DRIVE -PHOTO SIMULATION
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BANDLEY DRIVE
BLDG 4
BLDG 1
BLDG 2
BLDG 3
AU
AU
AU
1 2 3 4 5 6
12 11 10 9 8 7
13 14 15 16 17 18
27 26 25 24 23 22 21 20 19
TYPICAL 22' TRC-TRC ALLEY SECTION
TYPICAL 30' TC-TC STREET SECTION
TYPICAL 28' STREET SECTION

BANDLEY ROAD

BANDLEY ROAD
April 17, 2026
Cupertino, California
10268 BANDLEY DRIVE
© 2026 SummerHill Homes LLC. All rights reserved.

Distribution subject to Government Code Section 65103.5 LEGEND
1 ABBREVIATIONS
PRELIMINARY SITE PLAN C2.0

GRAPHIC SCALE
20' 0' 10' 20' 40'
AU
BLDG 1
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1 Rachel Goren
From: Cathy Fitzgerald
Sent: Wednesday, January 21, 2026 1:50 PM
To: Rachel Goren
Cc: Terri McCracken
Subject: RE: 10268 Bandley Drive Phase 1 and 2 ESA Peer Review Follow Up Flag: Follow up
Flag Status: Flagged
Rachel,
The reports by Roux were very thorough and well written. They addressed all of my comments, but I have one outstanding comment, similar to the one for the previous Phase I ESA (COCU-36).

Phase I ESA: The Phase I ESA has addressed all of PlaceWorks comments and meets the City’s planning requirements. However, if the Phase I ESA is to be used in a property transfer (it doesn’t appear from accessing the Santa Clara County assessor’s oƯice that a property transfer has yet occurred), then the Phase I ESA would need to be updated with new interviews, record searches, and a new site inspection of the subject property. Revised record searches, interviews, and a site reconnaissance were not included in the revised Phase I ESA.

Limited Phase II Investigation: All of PlaceWorks comments were addressed. No further changes are needed.

Cathy
CATHLEEN M. FITZGERALD, DEnv, PE, QSD/QSP
Senior Engineer
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2965.0029S100/ESA
Environmental Consulting
& Management
+1.800.322.ROUX
rouxinc.com
Phase I Environmental Site
Assessment
________________________________
10268 Bandley Drive
Cupertino, California 94583
January 13, 2026
Prepared for:

SummerHill Homes LLC
Prepared by:

Roux Associates, Inc.
555 12th Street, Suite 250
Oakland, California 94607
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | i Table of Contents
Executive Summary ................................................................................................................................. 1 Introduction ........................................................................................................................................ 1

1.1 ASTM Definitions ..................................................................................................................... 1

1.2 Phase I ESA Elements and User Responsibilities ................................................................... 2 Methods of Investigation .................................................................................................................... 4

2.1 General .................................................................................................................................... 4

2.2 Review of Readily Available Information ................................................................................. 4

2.3 Property and Surrounding Area Reconnaissance ................................................................... 4

2.4 Out of Scope Services ............................................................................................................. 5 Property Description .......................................................................................................................... 6

3.1 Property Location and Description ........................................................................................... 6

3.2 Surrounding Area Uses ............................................................................................................ 6

3.3 Topographic and Hydrogeologic Setting .................................................................................. 6 Property History ................................................................................................................................. 8

4.1 Historical Sources Summary.................................................................................................... 8

4.2 EDR Database Search ........................................................................................................... 11

4.2.1 Subject Property Listings ............................................................................................. 15

4.2.2 Off-Subject Property Listings Indicative of a Potential Release .................................. 16

4.2.3 Additional Off-Subject Property Sites Indicative of a Potential Release ...................... 18

4.3 Vapor Encroachment Screening ............................................................................................ 20

4.4 FOIA/Public Records ............................................................................................................. 21

4.4.1 BAAD 22

4.4.2 CalGEM GIS Well Finder ............................................................................................. 22

4.4.3 California GAMA Groundwater Information System .................................................... 22

4.4.4 City of Cupertino .......................................................................................................... 23

4.4.5 DTSC 23

4.4.6 RWQCB 23

4.4.7 Santa Clara County ...................................................................................................... 23

4.4.8 Santa Clara Valley Water District ................................................................................. 24

4.4.9 USEPA 24

4.5 User-Provided Documents ..................................................................................................... 24

4.6 Records Review Summary .................................................................................................... 24

4.6.1 Subject Property Review Summary ............................................................................. 24

4.6.2 Off-Subject Property Review Summary ....................................................................... 24 Subject Property Reconnaissance .................................................................................................. 27

5.1 Utilities .................................................................................................................................... 27

5.2 Hazardous Substances .......................................................................................................... 28

5.3 Polychlorinated Biphenyls ...................................................................................................... 28

5.4 Staining and Stressed Vegetation ......................................................................................... 28

5.5 Drains and Sumps ................................................................................................................. 28

5.6 Solid Waste ............................................................................................................................ 28

5.7 Wastewater ............................................................................................................................ 28

5.8 Wells 28

5.9 Other 28

5.10 Inaccessible Area ................................................................................................................... 28 Phase I ESA Conclusions ................................................................................................................ 29 339
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | ii Report Assumptions and Limitations ............................................................................................... 30 Tables (embedded in text)
A. Surrounding Property Uses
B. Subject Property and Vicinity History
C. EDR Listings for Facilities Within 1 Mile of the Subject Property D. EDR Listings for Facilities of Potential Environmental Concern Adjacent to or <1/2 Mile Upgradient of the Subject Property
E. Regulatory Agencies Contacted and Responses
Figures

1. Subject Property Location Map

2. Subject Property Plan and Features
Appendices
A. EDR Radius Map Report with GeoCheck
B. EDR Historical Topographic Maps
C. EDR Historical Aerial Photographs
D. EDR City Directory Image Report
E. EDR Sanborn Maps
F. Freedom of Information Act (FOIA) Responses
G. User-Provided Documents
H. Subject Property Photographs
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 1 Executive Summary
Roux Associates, Inc. (Roux) performed a Phase I Environmental Site Assessment (Phase I ESA) for the property located at 10268 Bandley Drive, Cupertino, California (Subject Property). This Phase I ESA was performed on behalf of SummerHill Homes LLC (“User”). The Subject Property occupies approximately 1.55 acres of land and is associated with the Assessor’s Parcel Number (APN) 326-33-97 in Santa Clara County.

The Subject Property is currently improved with a single-story office building and associated parking. The proposed redevelopment plan for the Subject Property is residential and includes the construction of 32 townhomes.

This Phase I ESA was performed to identify Recognized Environmental Conditions (RECs), controlled RECs (CRECs), and/or historical RECs (HRECs) at the Subject Property, indicating past, current, or material threats of the release of hazardous materials or petroleum hydrocarbons to the Subject Property’s soil, groundwater, soil vapor, or surface water. This Phase I ESA was conducted by investigating past Subject Property uses, reviewing the results of a search of environmental databases, reviewing records at relevant government agencies, and performing a reconnaissance of the Subject Property and surrounding area.

No REC, CRECs, or HRECs, were identified for the Subject Property during the Phase I ESA. In addition, No de minimis concerns1 were identified.

A business environmental risk (BER) is a condition that can have a material environmental or environmentally driven impact on the business associated with the current or planned use of commercial real estate, not necessarily related to those environmental issues required to be investigated in this practice. One BER was identified for the Subject Property:
• The Subject Property was historically used for agricultural purposes from at least 1939 through at least 1980. Roux’s document review and site reconnaissance found no evidence that agricultural chemicals were applied in noncompliance to labeling requirements, or stored in large quantities, spilled, transported, or formulated on the Subject Property. In addition, there was no evidence that past usage of pesticides, herbicides, or other agricultural chemicals were mixed, formulated, or disposed of at the Subject Property. Therefore, this is not considered a REC based on Legal Appendix X1.1.4.3.4 of ASTM E1527-21 but is considered a BER due to potential impacts to soil from pesticides, herbicides, and metals to shallow soils across the Subject Property.

One data gap2 was identified:
• Enjoy Dance Studio (Suite 107) was not accessible at the time of the site reconnaissance.

Photographs were taken from the windows, looking into the dance studio space and the suite appeared to be mostly open space. A co-owner of the Subject Property explained that the dance studio consists of two dance rooms, an open office area, and a small storage room. Given the use of this suite, it is not expected that this data gap would significantly alter the findings of the Phase I ESA.

Based on the findings of this Phase I ESA and the planned use of the Subject Property, Roux recommends a Limited Phase II Environmental Subsurface Investigation to assess the impacts of historical pesticide use at the Subject Property.
1 A de minimis concern is a condition that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Conditions determined to be de minimis conditions are not RECs, CRECs, or HRECs. 2 A data gap is a lack of or inability to obtain information required by this practice despite good faith efforts by the environmental professional to gather such information.
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 1 Introduction
Roux Associates, Inc. (Roux) performed a Phase I Environmental Site Assessment (Phase I ESA) for the property located at 10268 Bandley Drive in Cupertino, California (Subject Property). The location of the Subject Property is shown on Figure 1. This Phase I ESA was performed on behalf of SummerHill Homes LLC (“User”)1. The Subject Property occupies approximately 1.55 acres of land, associated with the Assessor’s Parcel Number (APN) 326-33-97 in Santa Clara County. The Subject Property is currently improved with one single-story office building and associated parking. The proposed redevelopment plan is residential and includes the construction of 32 townhomes.

The Phase I ESA was conducted in general accordance with the ASTM International Standard Practice E1527-21 (referred to hereinafter as “ASTM E1527-21”)) based on Roux’s understanding that User desires to complete “all appropriate inquiries into the previous ownership and uses of the Property” in order to qualify for liability protection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).2 Use of ASTM E1527-21 is consistent with the United States Environmental Protection Agency (EPA) Standards and Practices for All Appropriate Inquiries (AAI) Rule (40 CFR Part 312, Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA; Final Rule3), as amended effective February 13, 20234.

In accordance with ASTM E1527-21, the goal of the Phase I ESA is to identify any “recognized environmental conditions” that may exist at the Subject Property.

1.1 ASTM Definitions
This Phase I ESA will identify Recognized Environmental Conditions (RECs), Controlled Recognized Environmental Conditions (CRECs), Historical Recognized Environmental Conditions (HRECs), and/or de minimis conditions that may exist at the Subject Property in accordance with the following definitions contained within ASTM E1527-21.

RECs are defined by ASTM E1527-21 as:
(1) the presence of hazardous substances or petroleum products, in, on, or at the subject property due a release to the environment; (2) the likely presence of hazardous substances or petroleum products in, or at the subject property due to a release of likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment.

CRECs are defined by ASTM E1527-21 as:

Recognized environmental condition affecting the Subject Property that has been addressed to the satisfaction of the applicable regulatory authority or authorities with hazardous substances or petroleum products allowed to remain in place subject to implementation of required controls (for example, activity and use limitations or other property use limitations) 1 In accordance with ASTM Standard Practice E1527-21, “’User’ is defined as…the party seeking to use [ASTM Standard] Practice E1527 to complete an environmental site assessment of the property. A user may include, without limitation, a potential purchaser of property, a potential tenant of property, an owner of property, a lender, or a property manager.” 2 Due to the User’s ASTM E1527-21 responsibilities, Roux makes no guaranties or warranties, expressed or implied, that this Phase I ESA will in fact qualify User for a defense to CERCLA liability. 3 Federal Register: December 30, 2013 (Volume 78, Number 250) page 79319. 4 Federal Register: December 30, 2013 (Volume 78, Number 250) page 79319. 342
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 2 HRECs are defined by ASTM E1527-21 as:

A previous release of hazardous substances or petroleum products affecting the subject property that has been addressed to the satisfaction of the applicable regulatory authority or authorities and meeting unrestricted use criteria established by the applicable regulatory authority or authorities without subjecting the Subject Property to any controls (for example, activity and use limitations or other property use limitations). A historically recognized environmental condition is not a recognized environmental condition.

De minimis conditions are defined by ASTM E1527-21 as:

A condition related to a release that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. A condition determined to be a de minimis condition is not a recognized environmental condition nor a controlled recognized environmental condition.

1.2 Phase I ESA Elements and User Responsibilities
In order to identify RECs/HRECs/CRECs that may exist at the Subject Property in accordance with ASTM E1527-21, the Phase I ESA conducted by Roux’s Environmental Professional5 will include the following four elements:
• Records review;
• Visual Inspection of Subject Property and adjoining properties; • Interviews; and
• Preparation of a Phase I ESA Report.

In addition, Roux will evaluate any information provided by the User pursuant to the User’s responsibilities under ASTM E1527-21. Several Phase I ESA tasks are the specific responsibility of the User of the Phase I ESA and should be reported to the Environmental Professional performing the Phase I ESA6. A partial list of these requirements is included herein by way of illustration only. ASTM E1527-21 should be referenced for the complete list of User’s responsibilities.
• Communicate any information, based on the User’s specialized knowledge or experience that is material to RECs in connection with the Property, to the Roux Environmental Professional performing the Phase I ESA (“Roux” is substituted hereinafter in this section for the “environmental professional” as used in ASTM E1527-21) prior to the performance of the site reconnaissance. • Communicate to Roux prior to the performance of the site reconnaissance such actual knowledge User has of any environmental liens or activity and use limitations (AULs) encumbering the Property or in connection with the Property.
• Inform Roux if the User believes that the purchase price of the Property is lower than the fair market value due to contamination.
• Communicate to Roux prior to the performance of the site reconnaissance any commonly known or reasonably ascertainable information within the local community about the Property that is material to RECs in connection with the Property of which User is aware. • Communicate to Roux the reason User wants to have the Phase I ESA performed. 5 Environmental Professional is defined as a person meeting the education, training, and experience requirements as set forth in 40 CFR 312.10(b).
6 ASTM E1527-21 provides an optional questionnaire to assist the User in conducting the necessary inquiries required by 40 C.F.R. 312.25, 312.28, 312.28, 312.29, 312.30, and 312.31.
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 3 • Completion of searches for recorded environmental liens is a User responsibility and should be provided to Roux.

Roux’s Vice President and Principal Engineer, Angela Liang Cutting, Ph.D., P.E.-CA, Senior Geologist I, Emily Siegel, P.G.-CA, and Staff Geologist II, Jessica Aguayo, served as the Environmental Professionals who conducted the Phase I ESA. Ms. Cutting, Ms. Siegel, and Ms. Aguayo possess sufficient specific education, training, and experience to exercise professional judgment to develop opinions and conclusions regarding conditions indicative of releases or threatened releases, as defined in 40 CFR §312.1I on, at, in, or to a Subject Property, sufficient to meet the objectives and performance factors in 40 CFR §312.20I and (f).
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 4 Methods of Investigation
The methods of investigation used to conduct this Phase I ESA are outlined in the following sections.

2.1 General
The activities performed in conjunction with the Phase I ESA of the Property include:
• Review of federal, state, and local environmental regulatory agency databases provided by Environmental Data Resources, Inc. of Milford, Connecticut (EDR), indicating locations of environmental concern within specified radii from the Subject Property and adjoining properties; • Review of historical information for the Subject Property, adjoining properties, and surrounding area, including aerial photographs, topographic maps, City Directory data, and other relevant historical information sources;
• Submission of FOIA requests/public requests and inquiries to federal, state, and local regulatory agencies;
• Reconnaissance of the Subject Property and surrounding areas and interview with key Subject Property representative; and,
• Submission of a User Questionnaire.

2.2 Review of Readily Available Information
The resources compiled and reviewed by Roux to-date include the following:
• EDR Radius Report with GeoCheck®, dated January 27, 2025 (Appendix A); • EDR United States Geological Survey Historical Topographic Maps: Palo Alto 15-minute dated 1897, 1899, 1943, 1947, and 1948; Santa Cruz 30-minute dated 1902; Cupertino 7.5-minute dated 1953, 1961, 1968, 1973, 1980, 1995, 2012, 2015, 2018, and 2021 (Appendix B); • EDR aerial photographs dated 1939, 1948, 1950, 1956, 1963, 1968, 1974, 1982, 1998, 2006, 2009, 2012, 2016, and 2020 (Appendix C);
• EDR City Directory Image Report, dated January 29, 2025 (Appendix D); • EDR Certified Sanborn® Map Report dated January 27, 2025 (Appendix E); • Public records from the public agencies listed in Table E in Section 4.3. and relevant documents obtained from public records review (Appendix F); and
• User questionnaire and User-provided documents (Appendix G).

2.3 Property and Surrounding Area Reconnaissance
Pursuant to ASTM Standard Practice E1527-21, Roux conducted a reconnaissance of the Subject Property and surrounding area on February 6, 2025, to identify, investigate, and assess potential RECs and other potential environmental concerns. The reconnaissance included observation of the Subject Property, including all structures and buildings, and surrounding area to determine the current use and condition of the Subject Property, indications of past uses of the Subject Property, and current uses of adjoining properties and the surrounding area.

Roux placed particular emphasis on identifying the following features listed in ASTM E1527-21, if present and viewable from the public right of ways:
• Hazardous substances and petroleum products in connection with identified uses; • Storage tanks;
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 5 • Odors;
• Pools of liquid;
• Drums;
• Hazardous substances and petroleum products containers; • Unidentified substance containers;
• Polychlorinated biphenyls (PCBs);
• Heating and cooling systems;
• Stains or corrosion;
• Drains and sumps;
• Pits, ponds, or lagoons;
• Stained soil or pavement;
• Stressed vegetation;
• Solid waste;
• Wastewater;
• Wells; and,
• Septic systems.

In addition, observation of the general topographic setting of the Subject Property was made, and inquiry was made into the source of potable water for the Subject Property and other utilities, as presented in Section

5.0. Photographs from the reconnaissance are presented in Appendix H.

2.4 Out of Scope Services
Roux did not conduct a visual inspection for asbestos-containing materials (ACM) or lead-based paints (LBP) in structures at the Subject Property because this environmental area is considered “out of scope” under ASTM E1527-21. No out-of-scope services were provided.
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 6 Property Description
Descriptions of the Subject Property and surrounding facilities are included in the following sections. Figure 1 presents the location of the Subject Property in the general context of the City of Cupertino. Figure 2 presents an aerial view of the Subject Property and the surrounding area.

3.1 Property Location and Description
The Subject Property is located in a mixed residential and commercial neighborhood in Cupertino, California.

The Subject Property is currently developed with one commercial building and associated parking areas, and small strips of landscaped planters. The Subject Property is bordered by commercial buildings to the north and south, a parking lot to the east, and Bandley Drive to the west as shown on Figure 2.

3.2 Surrounding Area Uses
The Subject Property is located in a mixed residential and commercial area of Cupertino, California. Table A below lists the surrounding area uses.

Table A. Surrounding Property Uses
Direction Use
North North of the Subject Property are commercial office buildings and associated parking lots.

Interstate-280 (I-280) is located approximately 0.4 miles north of the Subject Property.

South
Immediately south of the Subject Property is a commercial office building, followed by Lazaneo Drive, beyond which are commercial buildings including a market, small restaurants, banks, office spaces, and associated parking lots. A four-lane major road, Stevens Creek Boulevard, is located approximately 0.3 miles south of the Subject Property.

East
Immediately east of the Subject Property is a parking lot, east of which is an 8-lane major road, N De Anza Boulevard, commercial buildings, and a residential neighborhood. Sam H Lawson Middle School is located approximately 0.25 miles to the east of the Subject Property.

West
Immediately west of the Subject Property is Bandley Drive, beyond which are various commercial buildings, including offices, a music school, a church, and associated parking lots. West of these commercial spaces is a residential neighborhood.

3.3 Topographic and Hydrogeologic Setting
According to the EDR Radius Map Report (Appendix A), the Subject Property is at an elevation of approximately 245 feet above mean sea level (amsl). The general topography in the vicinity of the Subject Property slopes gently to the east-northeast. The Subject Property falls within the Santa Clara Valley Water District’s West Valley Watershed,7 which flows north into the San Francisco Bay. According to the U.S. Fish and Wildlife Service National Wetlands Inventory (NWI)8, the nearest surface water bodies include a freshwater pond located approximately 0.7 miles southwest (however, it should be noted that this pond does 7 Santa Clara Valley Water District. Watersheds of Santa Clara Valley, West Valley Watershed Fast Facts. Accessed February 11, 2025. (https://www.valleywater.org/learning-center/watersheds-santa-clara-valley/west-valley-watershed-fast-facts). 8 U.S. Fish and Wildlife Service. National Wetlands Inventory (NWI), Wetlands Mapper. Accessed February 6, 2024. (https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/). 347
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 7 not appear in recent aerial photographs), Regnart Creek located approximately 0.8 miles south, Calabazas Creek located approximately 1.2 miles southeast, and Stevens Creek located approximately 1.4 miles east.

According to the U.S. Geological Survey (USGS), the geology in the vicinity of the Subject Property primarily consists of Holocene alluvial fan deposits and late Pleistocene alluvial terrace deposits.9 Surface soils in the vicinity of the Subject Property are generally characterized as sandy loam. The clay loam extends to a depth of approximately 9 inches below ground surface (bgs), underlain by silty clay loam to 41 inches bgs, and sandy clay loam to 76 inches bgs.10
The Subject Property is situated within the Santa Clara Valley Groundwater Basin in the Santa Clara Valley subbasin.11,12 Based on groundwater data from a nearby site in 2006, located at 20755 Stevens Creek Blvd (southwest of the Subject Property) and groundwater data from a nearby site in 2009, located at 10165 North De Anza Blvd (southwest of the Subject Property), depth to groundwater in the vicinity of the Subject Property can range from approximately 115 to 120 feet bgs. Groundwater generally flows to the north-northeast; however, some southeast orientations have also been documented. In some areas of the valley floor, the groundwater gradient is essentially flat, resulting in great variability and significant seasonal changes in site specific groundwater flow directions. 13,14
9 Dibblee, T.W., et al., 2007. Geologic map of Cupertino and San Jose West quadrangles, Santa Clara and Santa Cruz Counties, California. Scale 1:24,000. U.S. Geological Survey National Geologic Map Database. (Available online at <https://ngmdb.usgs.gov/Prodesc/proddesc_83442.htm>)
10 Appendix A. EDR Radius Map Report.
11 California Department of Water Resources, 2003. California’s Groundwater (Bulletin 118). Available online at:
<https://water.ca.gov/programs/groundwater-management/bulletin-118> 12 California Department of Water Resources. Groundwater Basin Boundary Assessment Tool. Accessed on February 11, 2025. (https://gis.water.ca.gov/app/bbat/)
13 County of Santa Clara Department of Environmental Health, 2006. Case Closure Summary, Leaking Underground Fuel Storage Tank Program, ConocoPhillips, 20755 Stevens Creek Blvd, Cupertino, CA 95014 (T0608574700). August 18. (https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/5188601434/CLOS_L_2006-12-01.pdf) 14 Groundwater Cleaners Inc. 2009. Second Quarter 2009 Groundwater Monitoring and Remediation Progress Report. June 11.

Available online at:
https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/3535708367/GWM_R_2009-06-11.pdf 348
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 8 Property History
The historical and current uses of the Subject Property and surrounding sites were researched by reviewing historical aerial photographs, historical topographic maps, city directories, the EDR Radius Map Report, information gathered from government agencies, and User provided documentation. The review summaries are presented in the following sections.

4.1 Historical Sources Summary
The land use history of the Subject Property was developed by searching historical topographic maps, city directories, and aerial photographs. No Sanborn Maps were available for the Subject Property. Historical research documentation is provided in Appendices B through E. Based on the available sources, the following chronology of the Subject Property and surrounding vicinity was developed (Table B).

Table B. Subject Property and Vicinity History
Source Year Status
Topographic Map
1897,
1899,
1902
In the 1897, 1899 and 1902 topographic maps, the Subject Property appears to be undeveloped. The surrounding vicinity is developed with roads and various small buildings, assumed to be residential homes. Calabazas Creek is depicted approximately 1 mile east-southeast of the Subject Property.

Aerial Photograph 1939
The Subject Property and surrounding vicinity appear to be used primarily for agricultural purposes, specifically as orchards. Few small buildings, likely residences, are depicted in the vicinity and as close as 150 feet from the Subject Property.

Topographic Map 1943,
1947,
Additional development has occurred in the vicinity of the Subject Property.

Some nearby roads have been reworked, the current-day streets N De Anza Boulevard and Stevens Creek Boulevard are shown. A single-track railroad trending generally northwest to southeast (Southern Pacific) is depicted approximately 1 mile southwest of the Subject Property. The 1943 and1947 topographic maps are otherwise consistent with previous topographic maps.

Orchards are depicted to approximately 0.75 miles and beyond to the southwest and west of the Subject Property.

Topographic Map 1948
Orchards are depicted on the Subject Property and surrounding vicinity.

Various small buildings are still shown near the Subject Property. The 1948 topographic maps are otherwise consistent with previous topographic maps.

Aerial Photograph 1948
The Subject Property and surrounding vicinity remain primarily agricultural with orchards. The 1948 aerial photograph is otherwise consistent with the 1939 aerial photograph.

Aerial Photograph 1950
Additional buildings have been built in the vicinity of the Subject Property.

The 1950 aerial photograph is otherwise consistent with the 1948 aerial photograph.

Topographic Map 1953
Residential neighborhoods and commercial developments have been constructed within a mile of the Subject Property. The 1953 and 1961 topographic maps are otherwise consistent with previous topographic maps.

Topographic Map 1961
A small building appears on the northeast corner of the Subject Property.

Additional buildings are depicted to the north of the Subject Property, within

0.25-mile. The 1961 topographic map is otherwise consistent with previous topographic maps
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 9 Source Year Status
Aerial Photograph 1956
The small building shown on the northeastern corner of the Subject Property in the 1961 topographic map is shown directly outside of the Subject Property boundary in the 1956 aerial photograph. Small buildings are shown east adjacent to the Subject Property. Orchards approximately 400 feet to the west of the Subject Property and 0.4-mile to the south of the Subject Property have been developed into residential neighborhoods. The 1956 aerial photograph is otherwise consistent with the 1950 aerial photograph.

Aerial Photograph 1963
Additional residential neighborhoods and commercial buildings have been developed within ½ of a mile to the southwest of the Subject Property. The 1963 aerial photograph is otherwise consistent to the 1956 aerial photograph.

Aerial Photograph 1968
A few additional buildings have been constructed with residences 150 feet southwest of the Subject Property and commercial buildings within 0.2 miles to the southeast and southwest of the Subject Property. I-280 is shown going in the west-east direction, approximately 0.5 mile north from the Subject Property. The 1968 aerial is otherwise consistent with the 1963 aerial photograph.

Topographic Map 1968
Additional development has occurred in the vicinity of the Subject Property.

I-280 is shown going in the west-east direction, approximately 0.5 mile north of the Subject Property.

Topographic Map 1973
A portion of California State Route 85 (CA-85), going in the north-south direction, has been constructed off of I-280, approximately 1 mile northwest of the Subject Property.

Aerial Photograph 1974
Additional commercial buildings and associated parking lots have been developed within 0.5 mile to the south and east of the Subject Property. The 1974 aerial photograph is otherwise consistent with the 1968 aerial photograph.

City Directory 1976
There is no listing for the Subject Property. Nearby property occupants include the following:
• “Egenhoff Frank C” and “Smart Clinic” at 10627 Bandley Drive Topographic Map 1980
Orchards are no longer depicted on the Subject Property or surrounding vicinity. A building, appearing in the configuration of the current building, is now shown on the Subject Property. Additional development has occurred in the vicinity of the Subject Property, including a large building to the south of the Subject Property, and three large buildings across the street west of the Subject Property.

City Directory 1981
There is no listing for the Subject Property. Adjacent property occupants include the following:
• “Apple Computer Inc” at 10260 Bandley Drive
• “Intl Memories Inc” at 10381 Bandley Drive
• “Zytron Data Systems” and “Zytron Graphics” at 10441 Bandley Drive
Other listed properties in the vicinity are commercial retailers including restaurants, a grocery store, a medical clinic, and offices. Other listed properties include “Berg & Berg Indstrl” at 10375 Bandley Drive, Aerial Photograph 1982
The Subject Property surrounding ½ of a mile vicinity has been fully developed, most buildings are consistent with their current configurations.

There are no visible orchards, and the surrounding area is now primarily mixed residential and commercial.

City Directory 1985
There is no listing for the Subject Property. Adjacent property occupants include the following:
• “Dorado Micro Systms” and “1 MI”, Intl Memories Inc” at 10381 Bandley Drive
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 10 Source Year Status
• “Acctex Corporation” and “Imedia Corporation” 10441 Bandley Drive
Other listed properties in the vicinity are commercial retailers including restaurants, offices, hair salons, and a possible dry cleaner, “Delias Cleaners Inc” at 10118 Bandley Drive. “Berg & Berg Indstrl” is still listed at 10375 Bandley Drive.

Aerial Photograph 1998
Buildings adjacent to the Subject Property are consistent with their current configurations. There have been some additional building redevelopments within 0.5-mile from the Subject Property. The 1998 aerial photograph is otherwise consistent with the 1982 aerial photograph.

Topographic Map 1995 The 1995 topographic map appears consistent with the 1980 topographic map.

City Directory 2000
There is no listing for the Subject Property. Adjacent property occupants include:
• “CKS Interactive” and “CKS Pictures” at 10443 Bandley Drive • “Automated Power Exchange”, “Pluris Incorporated”, “Sager, Glenn T” at 10455 Bandley Drive
• “Extreme Networks” at 10460 Bandley Drive
Other listed properties include a manufacturing company “Ewing Foley”, at 10495 Bandley Drive.

City Directory 2005
There is no listing for the Subject Property. Adjacent property occupants include:
• “4 Everfit Personal Training” at 10441 Bandley Drive
• “Ducati North America Inc” at 10443 Bandley Drive, which appears to be the company’s office headquarters
• “Chinese Church in Christ Cupertino” and “JM & LMS” at 10455 Bandley Drive
Other listed properties in the vicinity included a church.

Aerial Photograph 2006,
2009
The 2006 and 2009 aerial photographs appear consistent with the 1998 aerial photograph.

City Directory 2010
The Subject Property is listed under “De Anza Learning Ctr”, “Jessie Ho Law Office”, “Kung Fu Direct”, “Mays Tax & Business Svc”, “Mays Tech Accounting Svc”, “Professional Design”, “Sin Yee Co”, and “United Systems Technology”. Adjacent Property occupants include the following:
• Chinese Church in Christ”, “JMLMS”, “Little Mustard Seed Campus Inc”, and “Sutton Swim School” at 10455 Bandley Drive
There were no other listings in the surrounding vicinity.

Topographic Map 2012
CA-85, approximately 1 mile west of the Subject Property, has been extended further to the south, going in the southeastern-northwest direction.

The 2012 topographic map is otherwise consistent with previous topographic maps.

Topographic Map 2015 The 2015 topographic map appears consistent with previous topographic maps.

Aerial Photograph 2012,
2016
The 2012 and 2016 aerial photographs appear consistent with the previous aerial photographs.

City Directory 2014
The Subject Property is listed under “ADT Security Services”, “Business Builders”, “Cupertino Driving School”, “De Anza Learning Center”, “Ho Jessie Law Office of”, “Mays Tax Service”, “Professional Design”, and “United Systems Technology”. Adjacent property occupants include the following:
• “Bandley Drive” at 10441 Bandley Drive
• “Ducati North America” at 10443 Bandley Drive
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 11 Source Year Status
• “Chinese Church in Christ Cupertino”, “JM LMS”, and “Sutton Swim School” at 10455 Bandley Drive
There were no other listings in the surrounding vicinity.

Topographic Map 2018 The 2018 topographic map appears consistent with previous topographic maps.

City Directory 2017
The Subject Property is listed under “Business Builders”, “Cupertino Driving School”, “De Anza Learning Center”, “Ho Jessie Law Office”, “Mays Tax Service”, “Professional Design”, and “United Systems Technology”. Adjacent property occupants include the following:
• “Bandley Drive” at 10441 Bandley Drive
• “Ducati North America” at 10443 Bandley Drive
• “Chinese Church in Christ Cupertino” and “JM LMS” at 10455 Bandley Drive
There were no other listings in the surrounding vicinity.

City Directory 2020
The Subject Property is listed under “Business Builders”, “De Anza Learning Ctr”, “Ho Jessie Law Office”, “Mays Tax Svc”, “Neo Assets Management Inc”, “Neuronbasic Technology Inc”, “Old Soul Scents Inc”, “Passage 2 Prosperity Inc”, “Professional Design”, and “Z Kitchen & Bath Inc”. Adjacent property occupants include the following:
• “4 Ever-Fit Personal Training” and “County of Santa Clara” at 10441 Bandley Drive
• “Bevel Heaven” at 10443 Bandley Drive
• “Brilliant Biotech Corp”, “Chinese Church in Christ-Cprtn”, “JMLMS”, and “Joyful Melodies Music School” at 10455 Bandley Drive
There were no other listings in the surrounding vicinity.

Aerial Photograph 2020 The 2020 aerial photograph appears consistent with previous aerial photographs.

Topographic Map 2021 The 2021 topographic map appears consistent with previous topographic maps.

The Subject Property appears to have been used for agricultural purposes as orchards from at least 1939 through at least 1980. According to the City Directory, the Subject Property was occupied by commercial use tenants, primarily as offices and retail shops, from 2010 through 2020.

The surrounding vicinity appears to have been used primarily as orchards from at least 1939 through the mid-1950s. Beginning in the 1950s, the surrounding area began to be converted into mixed residential and commercial neighborhoods. Adjacent property occupants dating back to 1976 include commercial retailers, such as offices, a grocery store, a gym, and churches.

4.2 EDR Database Search
Roux used a computerized environmental database and radius map report prepared by EDR to conduct a government records database search of sites of potential environmental concern within a one-mile radius of the Subject Property. Appendix A contains a complete copy of the EDR Radius Map Report with GeoCheck.

Table C shows the search results for all the pertinent databases that indicated potential environmental concerns at the Subject Property and sites within a one-mile radius of the Subject Property. A description of the databases can be found in the EDR Radius Report (Appendix A). 352
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 12 Table C. EDR Listings for Facilities Within 1-mile of the Subject Property Database15 Subject
Property <1/8 mile 1/8 – 1/4 mile
1/4 – 1/2
mile
1/2 – 1
mile Total
CORRACTS 0 0 0 1 0 1
RCRA-LQG 0 0 1 1 0 2
RCRA-SQG 0 2 1 1 0 4
ENVIROSTOR 0 0 0 2 0 2
E MANIFEST 0 10 9 0 0 19
LUST 0 3 1 19 1 24
CPS-SLIC 0 0 0 4 0 4
HIST LUST 0 2 1 12 0 15
UST 0 0 1 0 0 1
BROWNFIELDS 0 0 0 1 0 1
CERS HAZ WASTE 0 4 2 5 0 11
CERS 0 6 3 13 1 23
CHMIRS 0 0 1 0 0 1
CIWQS 0 0 1 0 0 1
DRYCLEANERS 0 0 0 1 0 1
SWEEPS UST 0 1 1 7 0 9
HIST UST 0 1 2 4 1 8
CA FID UST 0 1 1 1 0 3
CERS TANKS 0 0 0 2 0 2
RCRA NonGen / NLR 0 20 13 1 0 34
RCRA-TSDF 0 0 0 1 0 1
FINDS 0 6 2 1 0 9
ECHO 0 6 2 2 0 10
EMI 0 0 1 1 0 2
Cortese 0 2 1 12 1 16
CUPA Listings 0 6 5 6 0 17
HIST CORTESE 0 1 2 8 0 11
HWP 0 0 0 1 0 1
HWTS 0 3 1 6 0 10
HAZNET 0 3 1 2 0 6
Notify 65 0 0 0 0 1 1
NPDES 0 0 1 0 0 1
UST FINDER RELEASE 0 2 1 9 0 12
SEMS 0 0 0 1 0 1
SEMS-ARCHIVE 0 0 0 1 0 1
TOTAL: 0 79 55 126 5 265
15 Descriptions of the EDR databases can be found in the EDR Radius Map Report (Appendix A). 353
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 13 Based on the EDR listings provided in Table C, only the Subject Property and the offsite facilities that meet the criteria presented below are discussed further in Sections 4.2.1 and 4.2.2. • Facilities located immediately adjacent to the Subject Property were examined due to their proximity to the Subject Property and the potential for surface water discharges (e.g., stormwater runoff, surface water effluent discharges) to enter the Subject Property or through the migration of groundwater or soil vapor.
• Facilities within 1/2-mile of the Subject Property located topographically or hydraulically upgradient of the Subject Property were examined due to their potential environmental impact to the Subject Property through the migration of contaminated surface water, groundwater, and/or soil vapor. As discussed in Section 3.3, groundwater flow direction in the vicinity of the Subject Property flows northeast according to data from GeoTracker.
• For upgradient or adjacent facilities, the review is focused on database listings at off-site facilities that may be indicative of a release that could impact the Subject Property. Facilities with records in databases where listings are only for regular site operations, with no evidence of release, are not by themselves considered to represent potential RECs for the Subject Property, (e.g., listings in a database of hazardous waste manifests, or of hazardous materials use.) The following databases contain such record: FINDS, ECHO, EMI, HAZNET, HWTS, RCRA NonGen / NLR, RCRA-SQG, RCRA-LQG, CERS, and CERS HAZ WASTE. If no release has specifically been reported in another database, then the presence of a facility with listings only in these following databases is assumed not to represent a potential REC for the Subject Property, and listings for those facilities are not included for further review in this Section.
• As such, facility listings located on the Subject Property, immediately adjacent to the Subject Property, or within 1/2-mile upgradient of the Subject Property are discussed as having a potential impact on subsurface conditions at the Subject Property.

Table D. EDR Listings for Facilities of Potential Environmental Concern Adjacent to or <1/2-Mile Upgradient of the Subject Property (SP) Address Distance/ Orientation
to SP Site Name Databases16
Indicative
of a
Release?
10260 Bandley Dr 0 ft SW Apple Computer
Bandley Inc

SWEEPS UST, CA

FID UST, RCRA

NONGEN / NLR,

FINDS, ECHO
No
10260 Bandley Dr 0 ft SW Apple Computer HWTS, HAZNET No 10275 N De Anza
Blvd 161 ft SW Apple Computer RCRA NONGEN / NLR, FINDS, ECHO No 10460 Bandley Dr 170 ft N Apple Inc RCRA NONGEN /
NLR No
10460 Bandley Dr 170 ft N Apple Inc RCRA NONGEN /
NLR No
16 Descriptions of the databases can be found in the EDR Radius Map Report (Appendix A). 354
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 14 Address Distance/ Orientation
to SP Site Name Databases16
Indicative
of a
Release?
20605 Lazaneo Dr 193 ft S Apple Inc

RCRA-SQR, FINDS,

ECHO, E

MANIFEST
No
20605 Lazaneo 193 ft S
Boyer Family
Limited Partnership
I

RCRA NONGEN /
NLR No
20605 Lazaneo Dr 193 ft S Boyer Family
Partnership I, LP

RCRA NONGEN /
NLR No
20605 Lazaneo Dr 193 ft S Apple-Lazaneo

CERS HAZ WASTE,

CUPA LISTINGS,

HWTS, HAZNET
No
20605 Lazaneo Dr 193 ft S Apple Inc RCRA NONGEN /
NLR No
10385 Bandley Dr 245 ft SW Apple Inc RCRA NONGEN /
NLR No
10441 Bandley Dr 247 ft SE Apple Inc (BA04) RCRA NONGEN / NLR No
20696 Hanford Dr 471 ft W Tracy Hsu RCRA NONGEN /
NLR, E MANIFEST No
10250 Bandley Dr 658 ft S Apple Inc (BA09) RCRA NONGEN / NLR, E MANIFEST No
10162 Park Circle
West #2 and 4 787 ft SW Undine Tsai RCRA NONGEN / NLR No 10118 Bandley Dr 957 ft SSW Ben Shyy PHD,
DDS

RCRA NONGEN /
NLR No
10118 Bandley Dr 957 ft SSW Ben Shyy PHD,
DDS CUPA LISTING No
20745 Stevens
Creek Blvd Ste B 1241 ft SW CVS Pharmacy #16114 CUPA LISTINGS No 20745 Stevens
Creek Blvd Ste B 1241 ft SW CVS Pharmacy #16114

CHMIRS, CUPA

LISTINGS, EMI,

HWTS, HAZNET
No
20745 Stevens
Creek Blvd 1241 ft SW Target T0323 CERS HAZWASTE, CIWQS, CERS No 355
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 15 Address Distance/ Orientation
to SP Site Name Databases16
Indicative
of a
Release?
20745 Stevens
Creek Blvd 1241 ft SW Qualex (Inside Target #323)

CUPA LISTINGS,
NPDES No
20745 Stevens
Creek Blvd 1241 ft SW Firestone #3655 HIST UST No
20745 Stevens
Creek Blvd 1241 ft SW Target Store T0323

RCRA-LQG, FINDS,

ECHO, E

MANIFEST
No
20745 Stevens
Creek Blvd Ste B 1241 ft SW CVS Pharmacy #16114

RCRA NONGEN /
NLR, FINDS, ECHO Yes
20755 Stevens
Creek Blvd 1601 ft SW Conocophillips LUST, HIST LUST Yes 20755 Stevens
Creek Blvd 1601 ft SW Unocal Station #7000

LUST, SWEEPS

UST, HIST UST,

HIST CORTESE,

CORTESE
Yes
20955 Stevens
Creek Blvd 2223 ft SW Anderson of Cupertino

ENVIROSTOR,

LUST, HIST LUST,

SWEEPS LUST,

CORTESE, HIST

CORTESE, CERS,

UST FINDER

RELEASE
Yes
20999 Stevens
Creek Blvd 2473 ft SW Shell

UST FINDER

RELEASE, LUST,

HIST LUST,

CORTESE
Yes
20999 Stevens
Creek Blvd 2473 ft SW De Anza Shell

LUST, CERS HAZ

WASTE, SWEEPS

UST, CA FID UST,

CUPA LISTINGS,

EMI, HWTS, CERS
Yes
Stevens Creek/
Stelling Road 2630 ft SW Arco #5333 LUST, HIST LUST, CORTESE Yes ft = feet
Relevant EDR database listings for the Subject Property and off-Subject Property facilities are provided and discussed in Sections 4.2.1. and 4.2.2.

4.2.1 Subject Property Listings
The Subject Property is not listed under any database of Additional Environmental Records in the EDR Radius Map Report. The Subject Property was not identified in any of the databases of Standard Environmental Records, which are those required for review under the ASTM Standard for Phase I ESAs, or in any EDR Historical Records.
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4.2.2 Off-Subject Property Listings Indicative of a Potential Release Off-Subject Property listings indicative of a documented potential release are discussed below. There are no immediately adjacent sites with listings indicative of a release.

CVS Pharmacy #16114 at 20755 Stevens Creek Blvd – 1,240 ft southwest (upgradient) This facility was listed under the California Hazardous Material Incident Report System (CHMIRS) database due to a hydrochloric acid spill at the Target Store dock (presumably with a CVS Pharmacy within the Target Store). Two gallons of the substance were released after a container fell and broke, Target arranged for the spill clean-up. No other information was available related to this listing.17 Given the small quantity of the spill and the immediate cleanup response, it is not expected that this facility represents an environmental concern for the Subject Property.

Unocal Station / ConocoPhillips / Union Oil at 20755 Stevens Creek Blvd – 1,600 ft southwest (upgradient)
This facility appears to have been a former gasoline service station, based on the EDR HIST AUTO listings from the 1990s through the early 2010s. The facility is associated with a closed leaking underground storage tank (LUST) case, opened in June 2003, regarding a 1985 release of gasoline during construction activities.

According to GeoTracker, in February 1986, three 10,000-gallon underground storage tanks (USTs) were removed from the property, and soil samples were collected from beneath the removed USTs at 15 to 19 feet bgs. Concentrations of total petroleum hydrocarbons as gasoline (TPH-g) in the samples ranged from 5 to 73 milligrams per kilogram (mg/kg). In 1993, the product lines and fuel dispensers at the facility were replaced and additional soil samples were collected from the product line trenches and adjacent to dispenser islands and analyzed for TPH-g, benzene, toluene, ethylbenzene, and xylenes (BTEX). None of the analyzed compounds were detected above laboratory reporting limits.

Additional soil samples were collected in 2003, which indicated low levels of methyl tert-butyl ether (MTBE) and tert butyl alcohol (TBA) in soil between 95 and 100 feet bgs. Quarterly groundwater sampling was conducted at this facility between 2004 and 2006 from groundwater monitoring wells screened between 138 and 158 feet bgs, which indicated maximum concentrations of 58 micrograms per liter (µg/L) TPH-g, 0.65 µg/L MTBE, and 150 µg/L TBA in groundwater. The case was closed in December 2006, with the County of Santa Clara Department of Environmental Health (DEH) concluding that there is no significant threat to groundwater, human health, or the environment at this facility.18 Given the significant distance of this facility relative to the Subject Property, low concentrations of petroleum contaminants in groundwater, significant depth to groundwater, and the case closure status, it is not expected that this facility represents a significant environmental concern for the Subject Property.

Anderson of Cupertino at 20955 Stevens Creek Blvd – 2,225 ft southwest (upgradient) This facility formerly operated as an automobile service and dealership. In 1998, a leak was reported and a 550-gallon used oil UST was removed at the facility. The UST appeared to be in good condition with no holes.

Soil samples were collected from the UST excavation. TPH as motor oil (TPH-mo) was detected at a 17 Appendix A. EDR Radius Map Report.
18 County of Santa Clara Department of Environmental Health (DEH), 2006. Fuel Leak Site Closure, ConocoPhillips, 20755 Stevens Creek Blvd., Cupertino, CA (T0608574700). December 1.
https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/5188601434/CLOS_L_2006-12-01.pdf 357
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 17 concentration of 140 mg/kg. The Santa Clara Valley Water District determined the small amount of soil contamination did not pose a threat to groundwater and issued case closure that same year.19 A soil investigation was conducted in 2006 to provide confirmation sampling data following the removal of a hydraulic lift and clarifier. Soils with concentrations exceeding San Francisco Bay Regional Water Quality Control Board (RWQCB) Environmental Screening Levels (ESLs) for TPH-mo were over excavated and removed. Confirmation soil samples were collected throughout the site and the sampling results were below the laboratory reporting limits. The consultant, EFI Global, recommended no further sampling.

Given the significant distance of this facility relative to the Subject Property and the case closure status, it is not expected that this facility represents a significant environmental concern for the Subject Property.

Shell / De Anza Shell at 20999 Stevens Creek Blvd – 2,475 ft southwest (upgradient) This facility operates as a Shell service station. In 1998, a dispenser release was discovered during station upgrades at the facility. Soil samples were collected. The reported maximum concentrations were15,000 mg/kg for TPH-d, 740 mg/kg for TPH-g, 0.0052 mg/kg for benzene, and 0.36 mg/kg for MTBE. Approximately 125 tons of soil was excavated from the product line and dispenser areas. In 1999, exploratory borings were advanced for soil samples and a groundwater monitoring well was installed. Concentrations in soil were reported at 59.9 mg/kg (TPH-d), and 3.81 mg/kg (MTBE), and below the laboratory reporting limits for TPHg or benzene. MTBE was detected in groundwater at 6.02 µg/L.

The Santa Clara Valley Water District concluded that the residual petroleum hydrocarbons at this facility do not pose a threat to groundwater or human health, and the case was closed in 2000. However, Santa Clara Valley Water District recommended environmental monitoring to proactively monitor MTBE in groundwater and detect any new releases.20 Reports available on GeoTracker suggest voluntary monitoring occurred from 2002 to 2008, with MTBE concentrations below the laboratory reporting limits during the last 2008 sampling.21 Given the significant distance of this facility relative to the Subject Property, the case closure status, and the last available groundwater monitoring results, it is not expected that this facility represents a significant environmental concern for the Subject Property.

Arco #5333 at Stevens Creek / Stelling Road – 2,630 ft southwest (upgradient) This former gas station had a leak reported in 1989. The site had three USTs, product lines, and one waste oil tank removed. Soil in the vicinity of the USTs and piping was over excavated to non-detectable levels.

Water samples collected at the site did not contain detectable concentrations of dissolved hydrocarbons. The Santa Clara Valley Water District closed the case in 1990, agreeing that groundwater beneath the site had not been contaminated.22
19 Santa Clara Valley Water District. 1998. Fuek Leak Site Closure- Anderson of Cuertino, 20955 Stevens Creek Boulevard, Cupertino, CA: Case No. 07S2W13E03f. July 30.
https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/2790011346/CLOS_L_1988-07-30.pdf 20 Santa Clara Valley Water District. 2000. Fuel Leak Site Closure, Shell, 20999 Stevens Creek Boulevard, Cupertino, CA; Case No. 19-102. June 27.
https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/8988616764/CLOS_L_2000-06-27.pdf 21 Shell Oil Products US. 2009. Annual GRASP Monitoring Report, Shell Service Station, 20999 Stevens Creek Boulevard, Cupertino, California. October 30.
https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/6995147526/GWM_R_2009-10-30.pdf 22 S tate of California Regional Water Quality Control Board. 1990. Arco Station #5333, 21000 Stevens Creek Road, Cupertino, Santa Clara County, Site Code: 22A. November 16.
https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/1886701285/CLOS_L_1990-11-16.pdf 358
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 18 Given the significant distance of this facility relative to the Subject Property and the case closure status, it is not expected that this facility represents a significant environmental concern for the Subject Property.

4.2.3 Additional Off-Subject Property Sites Indicative of a Potential Release Additional Off-Subject Property sites were evaluated on databases not otherwise included above in EDR Database searches (i.e. GeoTracker and EnviroStor), for listings indicative of a documented potential release. The following sites were identified and discussed below.

Apple Computer at 10500 North De Anza Boulevard – 430 ft northeast (downgradient) The Apple Computer site, which operated as Apple’s networking and communications and systems engineering building housed a 1,000-gallon diesel UST for emergency generator use. In 1988, the UST was removed and there were over-excavations of the surrounding soil to remove identified staining of soil from a small hole in the bottom of the tank. Confirmation soil sampling showed there were no residual concentrations of petroleum hydrocarbons. Santa Clara Valley Water District determined there was no threat to groundwater and this LUST cleanup case was closed in 1991.23
Based on the soil confirmation sampling, the impacted soil was removed and there was no residual COCs remaining in the soil, the potential for petroleum vapors to migrate from this facility to the Subject Property is relatively low. Therefore, the vapor migration pathway is considered incomplete. It is not expected that this facility represents a significant environmental concern for the Subject Property.

Cupertino Nursery at 10431 North De Anza Boulevard – 510 ft north-northeast (downgradient) Cupertino Nursery had a reported gasoline leak from a former 500-gallon UST. In 1991, the UST was removed and there was an over excavation of the surrounding soil. Soil samples collected confirmed that the contaminated soil has been removed. This LUST cleanup case was closed in 1992.24 Based on the soil confirmation sampling, the impacted soil was removed and there was no residual COCs remaining in the soil, the potential for petroleum vapors to migrate from this facility to the Subject Property is relatively low. Therefore, the vapor migration pathway is considered incomplete. It is not expected that this facility represents a significant environmental concern for the Subject Property.

Cupertino Clean Scene at 10165 North De Anza Boulevard – 600 ft southeast (cross-gradient) Cupertino Clean Scene formerly operated as a car wash station and had a reported UST fuel release.

Investigations at this site took place beginning in 1998 and included the removal of three 10,000-gallon diesel USTs and one 10,000-gallon gasoline UST, soil excavations, soil sampling, the installation and sampling of onsite and offsite groundwater monitoring wells, soil vapor well installation, and a soil vapor extraction system. Maximum initial concentrations in soil samples were detected at 2,100 mg/kg (TPH-g), 370 mg/kg (TPH-d), 1.3 mg/kg (benzene), 15 mg/kg (toluene), 160 mg/kg (xylene), 26 mg/kg (ethylbenzene), 14 mg/kg (lead), 0.17 mg/kg (MTBE), and 24 mg/kg (1,2-DCA). Maximum initial concentrations in groundwater samples were detected at 120,000 µg/L (TPH-g), 15,000 µg/L (TPH-d), 13,000 µg/L (benzene), 16,000 µg/L (toluene), 21,000 µg/L (xylene), 4,000 µg/L (ethylbenzene), 20 µg/L (MTBE) and 1200 µg/L (1,2-DCA). 23 Santa Clara Valley Water District. 1992. Case Closure for Apple Computer, 10500 North DeAnza Boulevard, Cupertino -Site Code No. 56G. January 17.
https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/4028584122/CLOS_L_1992-01-17.pdf 24 Santa Clara Valley Water District. 1992. Case Closure for Cupertino Nursery, 10431 North DeAnza Boulevard, Cupertino -Site Code No. 16F. January 24.
https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/6706501603/0004.pdf 359
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 19 A pulsed soil vapor extraction (SVE) system operated from 2008 through 2010 and removed approximately 7,721 pounds of TPH. Periodic groundwater monitoring occurred from 2001 through 2011. In 2011, the last round of groundwater samples collected at the facility had no chemicals of concern (COCs) detected.

In 2011, two 1,000-gallon gasoline USTs and piping were removed, and soil samples were collected within the removal explanation. The last soil samples collected had concentrations at 166 mg/kg (TPH-g), 370 mg/kg (TPH-d), 0.359 mg/kg (benzene), 12.1 mg/kg (toluene), 107 mg/kg (xylene), 27.9 mg/kg (ethylbenzene), and 14 mg/kg (lead). Soil samples showed significantly lower COC concentrations in soil samples compared to previously reported concentrations. Though residual COC concentrations were expected to remain in soil at depths greater than 30 feet bgs, where the soil contamination was primarily encountered, it was assumed that the levels of residual contamination and would reduce by natural attenuation. Santa Clara County Department of Environmental Health determined that the residual contamination at the facility did not pose a significant threat to groundwater resources, human health or the environment, and the LUST cleanup case was closed in 2011.25 Based on the soil confirmation sampling, the impacted soil was removed and there was no residual COCs remaining in the soil, the potential for petroleum vapors to migrate from this facility to the Subject Property is relatively low. Therefore, the vapor migration pathway is considered incomplete. It is not expected that this facility represents a significant environmental concern for the Subject Property.Missionwest Properties / Dade Behring at 20400 Mariani Avenue – 1,380 ft northeast (downgradient)
Missionwest Properties / Dade Behring manufactured clinical diagnostic instruments from 1977 to 2008. In 2007, trichloroethene (TCE) was identified in soil. Contaminated soil was removed, and a sub-grade passive ventilation system was installed during redevelopment of the property. TCE concentrations in sub-slab soil vapor and indoor air decreased with the installation of the ventilation system and in 2010, this cleanup program case was closed. 26
Given the downgradient location of this facility relative to the Subject Property and the case closure status, it is not expected that this facility represents a significant environmental concern for the Subject Property.

Four Phase Systems at 10700 North De Anza Boulevard – 1,730 ft northeast (downgradient) Four Phase Systems was listed in Envirostor having operated from 1977 to 1984 as a semiconductor manufacturer. Four Phase used a number of hazardous materials and generated, stored, and treated hazardous waste. The California Department of Health Services certified closure in 198727 and the property is now currently owned by Apple and operates as Apple Computer headquarters. A soil investigation conducted by consultant Dames & Moore in 1992 confirmed that no significant levels of volatile organic 25 County of Santa Clara Department of Environmental Health (DEH). 2011. Fuel Leak Site Case Closure Cupertino Clean Scene, 10165 North De Anza Boulevard, CA: Case No. 14-443, SCVWDID No. 07S2W13F02f. June 15. https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/1680236637/Closure.pdf 26 California Regional Water Quality Control Board. 2010. Approval of No Further Action for the Mission West Properties Site (Former Dade Behring Building), 20400 Mariani Avenue, Cupertino, Santa Clara County. September 30. https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/7859084904/Mission%20West%20Properties %20-%20NFA%20package%209-30-10_1.pdf
27 ICF Technology Incorporated. 1991. RCRA Preliminary Assessment, Motorola Computer Systems, 10700 North De Anza Boulevard, Cupertino, California, Santa Clara County. August 27. https://www.envirostor.dtsc.ca.gov/getfile?filename=/public%2Fdeliverable_documents%2F6593340814%2FMotorola_PA_08.27.1 991.pdf
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 20 compounds (VOCs) were present and TPH-g, semi-volatile organic compounds (SVOCs), and metals were detected in trace amounts, considered to be background contamination levels.28 Given the downgradient location of this facility relative to the Subject Property and the closure status, it is not expected that this facility represents a significant environmental concern for the Subject Property.

Chevron #9-5954 at 10023 South De Anza Boulevard – 1,730 ft south-southeast (cross-gradient) The Chevron #9-5954 site is associated with a LUST case which was closed as of August 2002. In 1988, three gasoline USTs and a waste oil tank were removed from the site. The tanks were found in good condition with no holes. Soil samples were collected at the time of the excavation and detected concentrations at 20 mg/kg in total oil and grease, and 8.6 mg/kg in TPH-g.29 In 2000, a soil and groundwater investigation was conducted at the site for groundwater data and additional soil data. Soil analytical results indicated that MTBE and other petroleum hydrocarbons did not extend below 75 feet bgs. Groundwater was encountered at approximately 117 feet bgs and no petroleum hydrocarbons were detected. Reports available on GeoTracker suggest quarterly groundwater monitoring occurred at the Site from 2001 to 2002, with MTBE and other petroleum hydrocarbons at non-detectable levels during the final sampling in 2002.30 According to GeoTracker, the case was closed in 2002 by the RWQCB.

Given the significant distance between this facility and the Subject Property, and the case closure status, it is not expected that this facility represents a significant environmental concern for the Subject Property.

4.3 Vapor Encroachment Screening
Additional Off-Subject Property sites located within a 1/3-mile screening radius were evaluated for potential vapor encroachment. The following sites were identified and discussed below. The Off-Subject Property sites located within a 1/10-mile screening radius were evaluated for petroleum hydrocarbons, which have been discussed in Section 4.2.3.

Delias Cleaners Inc. at 10118 Bandley Drive – 777 ft south (upgradient) Delias Cleaners Inc. was listed in the City Directory in year of 1985. No other records are available for this facility.

DryClean-Pro at 20379 Stevens Creek Boulevard – 1,580 ft southeast (cross-gradient) DryClean-Pro is listed as an active facility in the EDR Radius Map Report. No records indicate a release of this facility.

Given the lack of evidence of any historical or active release, the potential for COCs associated with the drycleaner operation to migrate from these facilities to the Subject Property is relatively low. Therefore, the vapor migration pathway is considered incomplete. It is not expected that these two facilities represent a significant environmental concern for the Subject Property. 28 Dames & Moore. 1992. Phase II Environmental Assessment, Motorola, Inc. 10700 North De Anza Boulevard, Cupertino, California. January 6.
https://www.envirostor.dtsc.ca.gov/getfile?filename=/public%2Fdeliverable_documents%2F9529144108%2FMotorola_Phase%20I I%20EA_01.06.1992.pdf
29 California Regional Water Quality Control Board. 1996. Remedial Action Completion Certificate for Chevron Service Station 9- 5954 at 10023 De Anza Boulevard, Cupertino, California. October 15. https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/9565032064/CLOS_L_1996-10-15.pdf 30 Gettler-Ryan Inc. 2002. Third Quarter Event of August 7, 2002. September 20. https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/9812499105/GWM_R_2002-09-30.pdf 361
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4.4 FOIA/Public Records
FOIA/public records requests for the Subject Property were submitted to federal, state, and local regulatory agencies and are summarized in Table E.

Table E. Regulatory Agencies Contacted and Responses
Agency Status
Bay Area Air District (BAAD) Records requested on January 27, 2025.

Response received February 2, 2025, stating no
records were available for the Subject Property.

California Geologic Energy Management
Division (CalGEM) GIS Well Finder
Database queried on February 11, 2025. No wells
were identified on the Subject Property.

California State Water Resources Control
Board GAMA Groundwater Information
System
Database queried on February 11, 2025. No wells
were identified on the Subject Property; however,
seven wells were identified in the vicinity of the
Subject Property.

Additionally, we reviewed the RWQCB’s
GeoTracker per- and polyfluoroalkyl substances
(PFAS) Map for existing PFAS data in the vicinity
of the Subject Property. Based on our review, the
nearest reported PFAS data was approximately 0.7
miles away to the north-northwest, generally
downgradient to cross-gradient relative to the
Subject Property.

Other PFAS data near the vicinity of the Subject
Property was approximately 0.9 miles away to the
northeast, generally downgradient relative to the
Subject Property.

Relevant information from these databases is
summarized in the following sections.

City of Cupertino Requests Center Records requested on January 27, 2025.

Response received February 6, 2025, releasing
documents associated with the Subject Property.

City of Cupertino Building Department Records requested on January 27, 2025. As of the date of this report, no response has been received.

City of Cupertino City Clerk Records requested on February 11, 2025. As of the date of this report, no response has been received.

City of Cupertino Environmental Services
Department
Records requested on January 27, 2025. As of the
date of this report, no response has been received.

City of Cupertino Planning Department Records requested on January 27, 2025. As of the date of this report, no response has been received.

Department of Toxic Substance Control
(DTSC), including online Envirostor and
Hazardous Waste Tracking System
(HWTS) files
Records requested on January 27, 2025.

Response received on January 28, 2025, stating no
records were available for the Subject Property.

Online Envirostor and HWTS databases queried on
February 7, 2025. Relevant information from these
databases is summarized in the following sections.

RWQCB, including online GeoTracker
and SMARTS files
Records requested on January 27, 2025.

Response received on February 4, 2025, stating no
records were available for the Subject Property.

Online GeoTracker and HWTS databases queried
on February 3, 2025. Relevant information from
these databases is summarized in the following
sections.
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Santa Clara County Department of
Environmental Health (DEH) Hazardous
Materials Compliance Division
Records requested on January 27, 2025.

Response received on January 30, 2025, stating no
records were available.

Santa Clara County Fire Department Records requested on January 27, 2025.

Response was received on February 13, 2025,
stating no records were available.

Santa Clara County Local Oversight
Program (LOP)
Records requested on January 27, 2025. As of the
date of this report, no response has been received.

Santa Clara Valley Water District
(SCVWD) and online historic solvent case
files
Records requested on February 11, 2025.

Response received February 11, 2025, directing
requesters to query online databases. Historic
solvent case files database queried on
February 11, 2025, and no records were identified
for the Subject Property.

United States Environmental Protection
Agency (USEPA) online Envirofacts,
Enforcement and Compliance History
Online (ECHO), and Facility Registry
Service (FRS) files
Databases queried on February 11, 2025. No
records were found for the Subject Property.

Information obtained from all agencies and correspondence is included in Appendix F and is summarized below.

4.4.1 BAAD
A response received February 2, 2025, stating no records were available for the Subject Property.

4.4.2 CalGEM GIS Well Finder
The CalGEM Well Finder database was queried February 11, 2025. No wells were found in the vicinity of the Subject Property.

4.4.3 California GAMA Groundwater Information System
The GAMA Groundwater Information System database was queried on February 11, 2025. No wells were found on the Subject Property.

Seven wells were identified within 0.5 of a mile from the Subject Property. Two wells, located about 1,000 feet to the northwest of the Subject Property, were categorized as municipal wells. One well, located about 1,500 northwest of the Subject Property, was categorized as a water supply well. Three wells, located about 1,600 feet southwest of the Subject Property, were categorized as remediation/groundwater monitoring wells, associated with the Unocal Station / ConocoPhillips at 20755 Stevens Creek Blvd, further described in Section 4.2.2. One well, located about 1,800 feet south-southeast of the Subject Property, was categorized as a remediation/groundwater monitoring well, associated with the Chevron #9-5954 at 10023 S De Anza Blvd, located cross-gradient from the Subject Property, further discussed in Section 4.2.3.

Additionally, we reviewed the RWQCB’s GeoTracker PFAS Map for existing PFAS data in the vicinity of the Subject Property. Based on our review, the nearest reported PFAS data is approximately 0.7-miles away to the north-northwest, generally downgradient to cross-gradient relative to the Subject Property, where PFAS data was collected from two public drinking water wells associated with the City of Cupertino and PFAS was not detected above laboratory reporting limits. Two other PFAS data points were located approximately 0.9- miles away to the northeast, generally downgradient relative to the Subject Property, where PFAS data was 363
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 23 collected from two public drinking water wells associated with Cal Water’s Los Altos Suburban District and PFAS was not detected above laboratory reporting limits.

4.4.4 City of Cupertino
Requests Center
A response was received on February 6, 2025, releasing documents associated with the Subject Property.

These redacted documents included proposed building plans for the Subject Property and south adjacent property, electric kiln installation plans for the current clay studio, and permits for building revisions including roofing work, door and wall improvements. Documents dated back to 1977 and up to 2022.

Building Department
As of the date of this report, no response has been received.

City Clerk
As of the date of this report, no response has been received.

Environmental Services Department
As of the date of this report, no response has been received.

Planning Department
As of the date of this report, no response has been received.

4.4.5 DTSC
A response was received on January 28, 2025, stating no records were available for the Subject Property.

Online Envirostor and HWTS databases were queried on February 7, 2025. No records were identified for the Subject Property.

The HWTS database was queried on February 11, 2025. No records were identified for the Subject Property.

4.4.6 RWQCB
A response was received on February 4, 2025, stating that no records were available for the Subject Property.

The GeoTracker database was queried February 7, 2025. No records were identified for the Subject Property.

The SMARTS database was queried on February 11, 2025. No listings were found for the Subject Property.

4.4.7 Santa Clara County
Department of Environmental Health (DEH) Hazardous Materials Compliance Division A response received on January 30, 2025, stating no records were available.

Fire Department
As of the date of this report, no response has been received.

Local Oversight Program (LOP)
As of the date of this report, no response has been received. 364
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4.4.8 Santa Clara Valley Water District
A response was received on February 11, 2025, directing requesters to query online databases. The SCVWD historic solvent case files database was queried on February 11, 2025, and no records were identified for the Subject Property.

4.4.9 USEPA
The Envirofacts, ECHO, and FRS databases were queried on February 11, 2025. No records were identified for the Subject Property.

4.5 User-Provided Documents
The only document provided by the User is a completed User Questionnaire (Appendix G). The User indicated that no environmental liens or activity and AULs were identified for the Subject Property. The User is also not aware of any conditions indicative of releases or threatened releases on the Subject Property. No additional information was provided by the User.

4.6 Records Review Summary

4.6.1 Subject Property Review Summary
The Subject Property appears to have been used for agricultural purposes as orchards from at least 1939 through at least 1980 at which time a building was constructed in its current arrangement on the Subject Property. According to the City Directory, the Subject Property was occupied by commercial use tenants, primarily as offices and retail shops, from 2010 through 2020.

The Subject Property was not identified in any of the databases in the EDR Radius Map Report. According to records received by the City of Cupertino, the building was constructed in around 1977 and had minor renovations from 2005 to 2022 including reroofing, the installation of electrical kilns, and wall and window improvements.

4.6.2 Off-Subject Property Review Summary
There are several properties with documented releases in the vicinity of the Subject Property, summarized below:
• Cupertino Nursery located at 10431 North De Anza Blvd (510 ft north-northeast [downgradient]), had a gasoline leak from a UST that was later removed along with contaminated soil. The LUST cleanup case was closed in 1992. This facility is not expected to represent a significant environmental concern for the Subject Property based on the downgradient location of this facility relative to the Subject Property and the case closure status.
• Cupertino Clean Scene at 10165 De Anza Boulevard (600 ft southeast [cross-gradient]) had a UST fuel release that prompted investigations at the site. Investigations included the removal of gasoline and diesel USTs, soil excavations, soil sampling, the installation and sampling of onsite and offsite groundwater monitoring wells, soil vapor well installation, and a soil vapor extraction system. The latest analytical results indicated no COCs were present in groundwater, and decreased residual amounts of COCs in soil, which were assumed to continue to decrease with natural attenuation. The LUST cleanup case was closed in 2011. This facility is not expected to represent a significant environmental concern for the Subject Property based on the location of this facility relative to the Subject Property being cross-gradient and the case closure status. 365
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 25 • Apple Computer at 10500 North De Anza Blvd (430 ft northeast [downgradient]) had a diesel leak from a UST that was later removed with contaminated soil. The LUST cleanup case was closed in 1991. This facility not expected to represent a significant environmental concern for the Subject Property based on the downgradient location of this facility relative to the Subject Property and the case closure status.
• CVS Pharmacy #16114 located at 20755 Stevens Creek Blvd (1,240 ft southwest [upgradient]) had a small hydrochloric acid spill at the store’s loading dock which was addressed and cleaned up. This facility is not expected to represent a significant environmental concern for the Subject Property based on the small quantity of the spill and the immediate cleanup response. • Missionwest Properties / Dade Behring at 20400 Mariani Avenue (1,380 ft northeast [downgradient]) had TCE detected in soil, which was removed and treated with a sub-grade passive ventilation system. TCE concentrations decreased on site and the cleanup program case was closed in 2010.

This facility is not expected to represent a significant environmental concern for the Subject Property based on the downgradient location of this facility relative to the Subject Property and the case closure status.
• Unocal Station / ConocoPhillips at 20755 Stevens Creek Blvd (1,600 ft southwest [upgradient]) had a gasoline leak from a UST. Multiple USTs were removed from the site and confirmation soil samples collected in the area showed no COC detections. Quarterly groundwater sampling took place at the site and data suggested there was no threat to groundwater, human heath, or the environment. The case was closed in 2006. This facility is not expected to represent a significant environmental concern for the Subject Property based on the distance between this facility and the Subject Property, and the case closure status.
• Four Phase Systems at 10700 North De Anza Boulevard (1,730 ft northeast [downgradient]), was listed in Envirostor. The facility operated from 1977 to 1984 as a semiconductor manufacturer. A soil investigation conducted in 1992 confirmed that no significant levels of VOCs were present and TPHg, SVOCs, and metals were detected in trace amounts, considered to be background contamination levels. The facility obtained closure in 1987. This facility is not expected to represent a significant environmental concern for the Subject Property based on the downgradient location of this facility relative to the Subject Property and the closure status. • Chevron #9-5954 at 10023 South De Anza Blvd (1,730 ft south-southeast [cross-gradient]) was associated with a LUST case. USTs holding gasoline and used oil onsite were removed and the latest soil samples collected indicated that MTBE and other petroleum hydrocarbons were not detected below 75 feet. Quarterly groundwater monitoring took place on site from 2001 to 2002 and concluded that no contamination remained in groundwater, thus the case was closed in 2002. This facility is not expected to represent a significant environmental concern for the Subject Property based on the distance between this facility relative to the Subject Property and the case closure status.
• Anderson of Cupertino at 20955 Stevens Creek Blvd (2,225 ft southwest [upgradient]) had a leak from a used oil UST, which was later removed. Soil samples collected at the site suggested the small amounts of soil contamination did not pose a threat to groundwater and the case was closed in 1998.

Additional samples were taken following a hydraulic lift and clarifier removal and confirmed that impacted soils had been removed during the excavation. This facility is not expected to represent a significant environmental concern for the Subject Property based on the distance of this facility relative to the Subject Property and the case closure status. • Shell / De Anza Shell at 20999 Stevens Creek Blvd (2,475 southwest [upgradient]) had a dispenser release discovered during facility upgrades that prompted further investigation onsite. Contaminated soil was excavated to residual amounts and the case was closed in 2000. Voluntary groundwater monitoring took place at the site from 2002 to 2008 and there appeared to be no contamination to groundwater. This facility is not expected to represent a significant environmental concern for the 366
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 26 Subject Property based on the significant distance of this facility relative to the Subject Property, case closure status, and the absence of petroleum hydrocarbons and MTBE in groundwater. • Arco #5333 / Arco at 21000 Stevens Creek Boulevard (2,630 ft southwest [upgradient]) had a leak from a UST, which was later removed along with contaminated soils. Water samples collected at the site also showed no contamination in its analytical results. The case was closed in 1990. This facility is not expected to represent a significant environmental concern for the Subject Property based on the significant distance of this facility relative to the Subject Property and the case closure status. 367
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 27 Subject Property Reconnaissance
Roux conducted a reconnaissance of the Subject Property on February 6, 2025. The objective of the reconnaissance was to check for visual evidence of past/present use or storage of hazardous materials that could potentially affect the soil, groundwater, soil vapor, or surface water quality at the Subject Property.

Mr. David Yocke, the Subject Property User representative, and seven co-owners of the Subject Property were present to provide access to the Subject Property and answer questions. During the reconnaissance, all general areas, except for Suite 107 (occupied by Enjoy Dance Studio), were accessible, as described below in Section 5.10. Photographs taken during reconnaissance are provided in Appendix H and described below.

The Subject Property consists of approximately 1.55 acres of land and is currently developed with one singlestory commercial building at the center, and associated parking and landscaped areas surrounding the building. (Appendix H, Photographs 1 through 4).

The building is divided into seven suites: 101, 102, 103, 105, 106, 107, and 108. Suite 101 is occupied by Law Office of Jessie Ho, is carpeted, and consists of three office rooms and one storage room (Appendix H, Photographs 7 and 8). Suite 102 is occupied by Lilly Studio Building Construction and Design, is carpeted, and consists of an open office space and smaller conference room (Appendix H, Photographs 9 and 10).

Suite 103 is occupied by Capybara Clay Studio. This studio has both carpet and hardwood floors and consists of multiple rooms used for crafting and storage. Two of the craft rooms had mobile utility sinks, with an attached wastewater tank and freshwater tank. There were no drains observed below these sinks. Typical household cleaning supplies were observed in their storage space, as well as two electric kilns (Appendix H, Photographs 11 through 15). Suites 105 and 106 are occupied by De Anza Learning Center, have hardwood floors and multiple classrooms for children (Appendix H, Photographs 16- 20). Suite 107 is occupied by Enjoy Dance Studio and appeared to have tile and linoleum floors. This suite was inaccessible at the time of the Subject Property Reconnaissance and is further described in Section 5.10 (Appendix H, Photographs 21 and 22). Suite 108 is divided into two spaces, one occupied by May’s Tax and Accounting Services, and the other by Mirai Gakuen Japanese Class. Both suites have carpet and hardwood floors. May’s Tax and Accounting Services has office spaces and a small kitchen area, where various household cleaning supplies are stored (Appendix H, Photographs 23 through 27). Mirai Gakuen Japanese Class is mostly an open classroom space, with smaller rooms for storage (Appendix H, Photographs 29 and 30). All of the building suites share two restrooms, a janitor room and a mechanical room, located at the center of the building. Two covered dumpsters were observed in the parking area east of the building, next to a pad-mounted electrical transformer. This area appeared to be in good condition, no staining was observed here or throughout the Subject Property.

The Subject Property is bordered by a commercial building to the north and south, a parking lot to the east, and Bandley Drive to the west. The topographic gradient of the Subject Property was observed to be generally flat, sloping slightly to the northeast.

5.1 Utilities
Pacific Gas & Electric provides gas and electricity, and California Water Service (Cal Water) provides the water for the Subject Property.
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5.2 Hazardous Substances
Most suites stored general household cleaning products such as hand soap, disinfecting/sanitizing sprays and wipes, muti-purpose cleaners, and rubbing alcohol (Photograph 26). The stored products were generally observed to be in good condition with no evident spills or odors.

Suite 103, Capybara Clay Studio, had a few interior, exterior, and craft paints stored within the studio. Craft studio rooms also had mobile utility sinks set up with wastewater and freshwater tanks. The owner of this suite was unsure of the disposal of the wastewater, however, presumed that it may be disposed of through the building’s utility room drains. No leaks were observed from these utility sinks.

5.3 Polychlorinated Biphenyls
One pad-mounted transformer was observed to be present in the parking lot area east of the building. (Photographs 5 and 6). No non-PCB label was observed; however, the transformer was observed to be in good condition, pad-mounted, and with no evidence of a release.

5.4 Staining and Stressed Vegetation
It should be noted that the ground was wet due to rain at the time of Subject Property reconnaissance, however, no significant staining in the parking lot or stressed vegetation was observed.

5.5 Drains and Sumps
No active sumps were observed during the Subject Property reconnaissance. Floor drains were observed in the restrooms of the building. Multiple storm drains were identified along the perimeters of the Subject Property. The storm drains were observed to be in generally good condition with minor debris present.

5.6 Solid Waste
Covered dumpsters were observed in the parking lot area east of the building. Garbage and recycling for the Subject Property is managed by Recology.

5.7 Wastewater
No wastewater treatment processes were observed during Subject Property reconnaissance.

5.8 Wells
No wells were observed during Subject Property reconnaissance.

5.9 Other
No other features indicative of a release or a risk of a release were identified during Subject Property reconnaissance.

5.10 Inaccessible Area
Suite 107, Enjoy Dance Studio, was not accessible at the time of the Subject Property reconnaissance.

Photographs were taken from the outside building windows, looking into the dance studio space. The suite appeared to be mostly open space, and one Subject Property co-owner explained that the dance studio consists of two dance rooms, an open office area, and a small storage room. 369
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 29 Phase I ESA Conclusions
Roux performed a Phase I ESA at the Subject Property on behalf of the User. The Phase I ESA was conducted by investigating past Subject Property uses, reviewing the results of a search of environmental databases, reviewing records at relevant government agencies, and performing a reconnaissance of the Subject Property and surrounding area. This Phase I ESA was performed in general accordance with ASTM International Standard Practice E1527-21 to identify RECs, CRECs, and/or HRECs at the Subject Property indicating past, current, or material threats of the release of hazardous materials or petroleum hydrocarbons to the Subject Property’s soil, groundwater, soil vapor, or surface water.

The Subject Property consists of approximately 1.55 acres of land and is currently developed with one singlestory commercial building at the center, with associated parking and landscaped areas surrounding the building. (Appendix H, Photographs 1 through 4) The Subject Property appears to have been used for agricultural purposes as orchards from at least 1939 through at least 1980. According to the City Directory, the Subject Property was occupied by commercial use tenants, primarily as offices and retail shops, from 2010 through 2020.

The surrounding vicinity appears to have been used primarily as orchards from at least 1939 through the mid-1950s. Beginning in the 1950s, the surrounding area began to be converted into mixed residential and commercial neighborhoods. Adjacent property occupants dating back to 1976 include commercial retailers, such as offices, a gym, and churches.

No REC, CRECs, or HRECs, were identified for the Subject Property during the Phase I ESA.

A de minimis concern is a condition that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Conditions determined to be de minimis conditions are not RECs, CRECs, or HRECs. No de minimis concerns were identified.

A business environmental risk (BER) is a condition that can have a material environmental or environmentally-driven impact on the business associated with the current or planned use of commercial real estate, not necessarily related to those environmental issues required to be investigated in this practice. One BER was identified for the Subject Property:
• The Subject Property was historically used for agricultural purposes from at least 1939 through at least 1980. Roux’s document review and site reconnaissance found no evidence that agricultural chemicals were applied in noncompliance to labeling requirements, or stored in large quantities, spilled, transported, or formulated on the Subject Property. In addition, there was no evidence that past usage of pesticides, herbicides, or other agricultural chemicals were mixed, formulated, or disposed of at the Subject Property. Therefore, this is not considered a REC based on Legal Appendix X1.1.4.3.4 of ASTM E1527-21 but is considered a BER due to potential impacts to soil from pesticides, herbicides, and metals to shallow soils across the Subject Property.

A data gap is a lack of or inability to obtain information required by this practice despite good faith efforts by the environmental professional to gather such information. One data gap was identified:
• Suite 107, Enjoy Dance Studio, was not accessible at the time of the Subject Property reconnaissance. Photographs were taken from the outside building windows, looking into the dance studio space and the suite appeared to be mostly open space. A Subject Property co-owner explained that the dance studio consists of two dance rooms, an open office area, and a small storage room. Given the use of this suite, it is not expected that this data gap would significantly alter the findings of the Phase I ESA.
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 30 Based on the findings of this Phase I ESA and the planned use of the Subject Property, Roux recommends a Limited Phase II Environmental Subsurface Investigation to assess the impacts of historical pesticide use on the Subject Property.
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 30 Report Assumptions and Limitations
The Phase I ESA described herein was conducted by Roux in accordance with ASTM Standard Practice E1527-21, which is consistent with the regulatory requirements for conducting all appropriate inquiries (40 CFR Part 312, Standards and Practices for All Appropriate Inquiries; Final Rule33), as amended effective February 13, 202334.

It is Roux’s understanding that this Phase I ESA was requested by the User Representative so that the User may qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on liability under CERCLA. One of the requirements that a person acquiring real property must meet in order to qualify for one of these limitations on liability under CERCLA is to perform all appropriate inquiries in conformance with the AAI Rule (or the ASTM Standard Practice E1527-21) prior to acquisition of the property. User Representative has acknowledged that, under the AAI Rule, Roux’s performance of the Phase I ESA described herein will not alone result in User Representative satisfying all of the requirements of the AAI Rule and provide a defense to CERCLA liability. Further, User Representative has acknowledged that the AAI Rule requires that certain additional inquiries be undertaken to satisfy the CERCLA AAI requirements. Accordingly, Roux makes no guarantees or warranties, expressed or implied, regarding this Phase I ESA, including without limitation, any warranty that this Phase I ESA will in fact qualify User Representative for a defense to CERCLA liability.

Roux has performed this Phase I ESA in a professional manner using that degree of skill and care exercised for similar projects under similar conditions by reputable and competent environmental consultants.

Professional judgments expressed herein are based on the facts currently available to Roux. This Phase I ESA does NOT include consideration of matters specifically excluded by ASTM E1527-21, including but not limited to, asbestos-containing building materials, radon, lead-based paint and/or lead in drinking water, wetlands, regulatory compliance, fluorescent lighting, and mold. Emerging contaminants that are not defined as hazardous substances under CERCLA are outside the scope of the Phase I ESA.

This Phase I ESA does NOT include the completion of searches for recorded environmental liens.

It should be noted that Roux has not conducted any intrusive activities on the Subject Property during the preparation of this Phase I ESA and is relying on information presented by others, often in preliminary, draft, or verbal form. By referencing this information, Roux does not accept responsibility for the accuracy of the underlying data, sampling methods, laboratory analysis, or documentation.

The AAI Rule requires, and the conclusions stated herein represent the application of a variety of engineering and technical disciplines to material facts and conditions associated with the Subject Property. As such, these conclusions are based on subjective interpretations and the exercise of discretion. Many of these facts and conditions are subject to change over time. Accordingly, the conclusions must be considered within this context.

User Representative has agreed that Roux shall not be responsible for conditions or consequences arising from relevant facts that were concealed, withheld, or not fully disclosed at the time the Phase I ESA was performed. To the extent practicable, Roux has identified data gaps and has evaluated the potential significance of such data gaps. Recommendations to address those data gaps are presented herein and are based on the data available at the time of the performance of the Phase I ESA. Implementation of the recommendations may not fully address the data gaps as the information obtained from execution of those 33 Final Rule and information available at www.epa.gov/swerosps/bf/regneg.htm#final_rule, and https://federalregister.gov/a/2013- 31112.
34 Federal Register: December 15, 2022 (Volume 87, Number 240) page 76578-76581. 372
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2965.0029S100/ESA Phase I Environmental Site Assessment | ROUX | 31 recommendations may alter or modify the interpretation of the Subject Property conditions and conclusions regarding the data gaps.

This Phase I ESA Report should not be considered a legal interpretation of existing environmental laws and regulations. The Phase I ESA was conducted with a reasonable degree of inquiry to identify RECs, but uncertainty is not eliminated. No Phase I ESA can wholly eliminate uncertainty regarding the potential for RECs in connection with a property. The Phase I ESA process is intended to reduce, but not eliminate, the uncertainty involved with identifying RECs.

This Phase I ESA Report is not an appraisal or value judgment of the Subject Property. User Representative has agreed that Roux shall not be liable for any use of the Phase I ESA as an appraisal or value judgment of the Subject Property.

The Phase I ESA has been prepared for the exclusive use of User Representative for specific application to the Subject Property. User Representative has agreed that any third-party use of this Phase I ESA, with exception of the User, is User Representative’s sole responsibility and sole liability.

In order to satisfy the requirements of AAI pursuant to CERCLA section 101(35)(B), the Phase I ESA must be conducted not more than one year prior to the date of the acquisition or transaction (“transaction date”) with the following specific components updated within 180 days of and prior to the date of acquisition of the Subject Property:
• Interviews.
• Review of government records;
• Visual inspections; and,
• Declaration of the environmental professional.

The report will be considered valid for 180 days from the earliest of the previously listed components.

I declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in §312.10 of 40 CFR 312; and I have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property.

Roux developed and performed all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR 312.

Respectfully submitted,
ROUX ASSOCIATES, INC.

Angela Liang Cutting, Ph.D., P.E.

Vice President/Principal Engineer
Emily Siegel, P.G.

Senior Geologist I
Jessica Aguayo
Staff Geologist II
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FIGURES

1. Subject Property Location Map

2. Subject Property Plan and Features

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S:\CLIENTS\SUMMERHILL\40-BANDLEY CUPERTINO\2-PHASE I ESA\0_GIS\2965.0040S000_FIGURE1.MXD

QUADRANGLE LOCATION
"

SITE LOCATION MAP
10268 BANDLEY DRIVE

CUPERTINO, CALIFORNIA
1 SUMMERHILL HOMES LLC
Prepared for:

Title:

File: 2965.0040S000_Figure1.mxd
Date: 02/11/25 FIGURE
Scale: AS SHOWN
Project: 2965.0040S000
Prepared by: K.G.

Project Mgr: X.X.

Compiled by: K.G.
1,000 0 1,000'
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Source: Esri, Maxar, Earthstar Geographics, and the
S:\CLIENTS\SUMMERHILL\40-BANDLEY CUPERTINO\2-PHASE I ESA\0_GIS\2965.0040S000_FIGURE2.MXD 250 0 250'

SUBJECT PROPERTY PLAN

AND FEATURES
10268 BANDLEY DRIVE

CUPERTINO, CALIFORNIA
2 SUMMERHILL HOMES LLC
Prepared for:

Title:

File: 2965.0040S000_Figure2.mxd
Date: 03/03/25 FIGURE
Scale: AS SHOWN
Project: 2965.0040S000
Prepared by: K.G.

Project Mgr: E.S.

Compiled by: K.G.

LEGEND

SUBJECT PROPERTY BOUNDARY

COMMERCIAL

BUILDING (APPLE)

COMMERCIAL

BUSINESSES

COMMERCIAL

BUSINESSES

DUMPSTER AREA AND

PAD-MOUNTED

TRANSFORMER

COMMERCIAL

BUILDING (APPLE)

COMMERCIAL

BUILDING (APPLE)

COMMERCIAL

BUILDING (APPLE)

COMMERCIAL

BUILDING (APPLE)

LAZANEO DRIVE

BANDLEY DRIVE

ALVES DRIVE

N DE ANZA BOULEVARD

BEARDON DRIVE

GREENLEAF DRIVE MARIANI AVE

GARDEN GATE DRIVE

HANFORD DRIVE

FARGO DRIVE

DUNBAR DRIVE

PARLETT PLAZA
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APPENDICES
A. EDR Radius Map Report with GeoCheck
B. EDR Historical Topographic Maps
C. EDR Historical Aerial Photographs
D. EDR City Directory Abstract
E. EDR Sanborn Maps
F. Freedom of Information Act (FOIA) Responses
G. User-Provided Documents
H. Subject Property Photographs

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APPENDIX A
EDR Radius Map Report with GeoCheck

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FORM-LBC-JBR
®kcehCoeG htiw tropeR ™paM suidaR RDE ehT
6 Armstrong Road, 4th floor
Shelton, CT 06484
Toll Free: 800.352.0050
www.edrnet.com
10268 Bandley Drive
10268 Bandley Drive
CUPERTINO, CA 95014
Inquiry Number: 7880943.2s
January 27, 2025
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TABLE OF CONTENTS

SECTION PAGE
Executive Summary ES1
Overview Map 2
Detail Map 3
Map Findings Summary 4
Map Findings 9
Orphan Summary 516
Government Records Searched/Data Currency Tracking GR-1

GEOCHECK ADDENDUM
Physical Setting Source Addendum A-1
Physical Setting Source Summary A-2
Physical Setting Source Map A-8
Physical Setting Source Map Findings A-9
Physical Setting Source Records Searched PSGR-1
Thank you for your business.

Please contact EDR at 1-800-352-0050
with any questions or comments.

Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, LLC. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. This Report is provided on an "AS IS", "AS AVAILABLE" basis. NO WARRANTY EXPRESS OR IMPLIED IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, LLC AND ITS SUBSIDIARIES,

AFFILIATES AND THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, OF ANY KIND OR NATURE, EXPRESS OR IMPLIED,

ARISING OUT OF OR RELATED TO THIS REPORT OR ANY OF THE DATA AND INFORMATION PROVIDED IN THIS REPORT,

INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS,

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RESOURCES, LLC OR ITS SUBSIDIARIES, AFFILIATES OR THIRD PARTY SUPPLIERS BE LIABLE TO ANYONE FOR ANY DIRECT,

INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, OR LOSS OF DATA) INFORMATION PROVIDED IN THIS REPORT. Any analyses, estimates, ratings, environmental risk levels, or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property.

Only an assessment performed by a qualified environmental professional can provide findings, opinions or conclusions regarding the environmental risk or conditions in, on or at any property.

Copyright 2025 by Environmental Data Resources, LLC. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, LLC, or its affiliates, is prohibited without prior written permission.

EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, LLC or its affiliates. All other trademarks used herein are the property of their respective owners.

TC7880943.2s Page 1
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EXECUTIVE SUMMARY
TC7880943.2s EXECUTIVE SUMMARY 1
A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).

The report was designed to assist parties seeking to meet the search requirements of EPA’s Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E1527 - 21), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E2247 - 16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E1528 - 22) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate.

TARGET PROPERTY INFORMATION

ADDRESS
10268 BANDLEY DRIVE
CUPERTINO, CA 95014

COORDINATES
Latitude (North): 37.3275960 - 37˚ 19’ 39.34’’
Longitude (West): 122.0337840 - 122˚ 2’ 1.62’’
Universal Tranverse Mercator: Zone 10
UTM X (Meters): 585603.1
UTM Y (Meters): 4131448.2
Elevation: 240 ft. above sea level

USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map: 50005309 CUPERTINO, CA
Version Date: 2021

AERIAL PHOTOGRAPHY IN THIS REPORT
Portions of Photo from: 20200525
Source: USDA
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D39 CUPERTINO CLEAN SCEN 10165 DE ANZA BOULEV UST FINDER RELEASE Lower 703, 0.133, SSE D38 CUPERTINO CLEAN SCEN 10165 DE ANZA BLVD LUST, HIST LUST, SWEEPS UST, CA FID UST, Cortese,... Lower 694, 0.131, SSE D37 CUPERTINO CLEAN SCEN 10165 N DE ANZA BL UST Lower 685, 0.130, SSE D36 CLEAN SCENE CAR WASH 10165 N DE ANZA BLVD HIST UST Lower 685, 0.130, SSE D35 ALOFT CUPERTINO 10165 N. DE ANZA BLV RCRA NonGen / NLR, E MANIFEST Lower 685, 0.130, SSE D34 PETER LAN 10201 PARLETT PLACE RCRA NonGen / NLR, E MANIFEST Lower 662, 0.125, SE 33 APPLE INC (BA09) 10250 BANDLEY DR RCRA NonGen / NLR, E MANIFEST Higher 658, 0.125, South D32 CUPERTINO SERVICE 10212 N DE ANZA BL CUPA Listings Lower 545, 0.103, SE C31 APPLE INC 10500 N DE ANZA BLVD LUST, HIST LUST, RCRA NonGen / NLR, FINDS, ECHO,... Lower 532, 0.101, NE C30 BERG & BERG LLC 10500 N DE ANZA BLVD RCRA NonGen / NLR Lower 532, 0.101, NE C29 APPLE INC 10500 N. DE ANZA BLV RCRA NonGen / NLR, E MANIFEST Lower 532, 0.101, NE C28 APPLE-DE ANZA 3 10500 N DE ANZA BL 3 CERS HAZ WASTE, CUPA Listings, CERS Lower 532, 0.101, NE C27 APPLE COMPUTER 10500 N DE ANZA BLVD UST FINDER RELEASE Lower 532, 0.101, NE C26 FOUR-PHASE SYSTEMS 10500 N DE ANZA BLVD LUST, HIST UST Lower 532, 0.101, NE C25 CUPERTINO NURSERY 10431 N DE ANZA BLVD UST FINDER RELEASE Lower 510, 0.097, NNE C24 CUPERTINO NURSERY 10431 N DE ANZA BLVD LUST, HIST LUST, Cortese, HIST CORTESE, CERS Lower 510, 0.097, NNE C23 APPLE INC (DA07) 10431 N DE ANZA BLVD RCRA NonGen / NLR, E MANIFEST Lower 510, 0.097, NNE E22 APPLE-BANDLEY 5 10475 BANDLEY DR CERS HAZ WASTE, CUPA Listings, CERS Lower 484, 0.092, NNW E21 APPLE, INC 10475 BANDLEY DR. RCRA-SQG, FINDS, ECHO, E MANIFEST Lower 484, 0.092, NNW D20 APPLE INC 10201 N DE ANZA BLVD CUPA Listings, EMI, HWTS, HAZNET, CERS Lower 478, 0.091, SSE D19 APPLE INC 10201 N DE ANZA BLVD RCRA NonGen / NLR, FINDS, ECHO Lower 478, 0.091, SSE D18 APPLE INC 10201 NORTH DE ANZA RCRA NonGen / NLR, E MANIFEST Lower 478, 0.091, SSE D17 ROBERT GRANUM 10201 NORTH DE ANZA RCRA NonGen / NLR, E MANIFEST Lower 478, 0.091, SSE D16 APPLE-DE ANZA 2 10201 N DE ANZA BLVD CERS HAZ WASTE, CERS Lower 478, 0.091, SSE C15 HENRY’S 76 #255428 10490 DE ANZA BL CUPA Listings Lower 477, 0.090, NE 14 TRACY HSU 20696 HANFORD DR RCRA NonGen / NLR, E MANIFEST Higher 471, 0.089, West 13 SNEHAL THAKKAR 10321 PARLETT PLACE RCRA NonGen / NLR, E MANIFEST Lower 444, 0.084, ENE A12 APPLE INC. (BA04) 10441 BANDLEY DR RCRA NonGen / NLR Higher 247, 0.047, SSW A11 APPLE INC. 10385 BANDLEY DR. RCRA NonGen / NLR Higher 245, 0.046, WSW A10 APPLE INC 20605 LAZANEO DR. RCRA NonGen / NLR Higher 193, 0.037, South A9 APPLE-LAZANEO 20605 LAZANEO DR CERS HAZ WASTE, CUPA Listings, HWTS, HAZNET Higher 193, 0.037, South A8 BOYER FAMILY PARTNER 20605 LAZANEO RCRA NonGen / NLR Higher 193, 0.037, South A7 BOYER FAMILY LIMITED 20605 LAZANEO RCRA NonGen / NLR Higher 193, 0.037, South A6 APPLE INC 20605 LAZANEO DRIVE RCRA-SQG, FINDS, ECHO, E MANIFEST Higher 193, 0.037, South B5 APPLE INC. 10460 BANDLEY DR. RCRA NonGen / NLR Lower 170, 0.032, NNW B4 APPLE INC. 10460 BANDLEY DR RCRA NonGen / NLR Lower 170, 0.032, NNW 3 APPLE COMPUTER 10275 N DE ANZA BLVD RCRA NonGen / NLR, FINDS, ECHO Lower 161, 0.030, SE A2 APPLE COMPUTER 10260 BANDLEY DR HWTS, HAZNET Higher 1 ft.

A1 APPLE COMPUTER 10260 BANDLEY DR SWEEPS UST, CA FID UST, RCRA NonGen / NLR, FINDS,... Higher 1 ft.

MAPPED SITES SUMMARY
Target Property Address:
10268 BANDLEY DRIVE
CUPERTINO, CA 95014
Click on Map ID to see full detail.

MAP RELATIVE DIST (ft. & mi.)

ID DATABASE ACRONYMS ELEVATION DIRECTION SITE NAME ADDRESS 382
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N78 CONOCOPHILLIPS 20755 STEVENS CREEK UST FINDER RELEASE Higher 1601, 0.303, SSW N77 UNOCAL STATION #7000 20755 STEVENS CREEK LUST, SWEEPS UST, HIST UST, HIST CORTESE Higher 1601, 0.303, SSW N76 CONOCOPHILLIPS 20755 STEVENS CREEK LUST, HIST LUST Higher 1601, 0.303, SSW L75 ARCO 10625 DE ANZA HIST CORTESE Lower 1554, 0.294, NNE L74 ARCO #6111 10625 N DE ANZA BLVD UST FINDER RELEASE Lower 1539, 0.291, NNE L73 ARCO #6111 10625 N DE ANZA BLVD LUST, HIST LUST, Cortese Lower 1539, 0.291, NNE L72 GREAT GAS CUPERTINO 10625 N DE ANZA BL LUST, CERS HAZ WASTE, SWEEPS UST, HIST UST, CERS... Lower 1539, 0.291, NNE K71 CHEVRON 10023 DE ANZA HIST LUST, HIST CORTESE Lower 1538, 0.291, South M70 TIMEX CORPORATION 20650 VALLEY GREEN D CPS-SLIC Lower 1531, 0.290, North M69 TIMEX CORPORATION 20650 VALLEY GREEN D CPS-SLIC, CERS Lower 1531, 0.290, North M68 TIMEX 20650 VALLEY GREEN D SEMS-ARCHIVE, RCRA NonGen / NLR Lower 1531, 0.290, North L67 FOUR-PHASE SYSTEMS I 10700 N DE ANZA BLVD HIST UST, HWP, CERS Lower 1489, 0.282, NNE L66 FOUR-PHASE SYSTEMS I 10700 N DE ANZA BLVD ENVIROSTOR Lower 1489, 0.282, NNE L65 MOTOROLA FOUR PHASE 10700 N DE ANZA BLVD CORRACTS, RCRA-TSDF, RCRA-SQG, FINDS, ECHO Lower 1489, 0.282, NNE K64 TEXACO 10002 DE ANZA BLVD UST FINDER RELEASE Lower 1488, 0.282, SSE 63 APPLE INC 20400 MARIANI AVENUE RCRA-LQG, CPS-SLIC, BROWNFIELDS, FINDS, ECHO, EMI,...Lower 1378, 0.261, NE 62 LIZ WU 20705 ACADIA COURT RCRA NonGen / NLR, E MANIFEST Lower 1285, 0.243, NNW J61 CVS PHARMACY #16114 20745 STEVENS CREEK RCRA NonGen / NLR, FINDS, ECHO Higher 1241, 0.235, SSW J60 TARGET STORE T0323 20745 STEVENS CREEK RCRA-LQG, FINDS, ECHO, E MANIFEST Higher 1241, 0.235, SSW J59 FIRESTONE # 3655 20745 STEVENS CREEK HIST UST Higher 1241, 0.235, SSW J58 QUALEX (INSIDE TARGE 20745 STEVENS CREEK CUPA Listings, NPDES Higher 1241, 0.235, SSW J57 TARGET T0323 20745 STEVENS CREEK CERS HAZ WASTE, CIWQS, CERS Higher 1241, 0.235, SSW J56 CVS PHARMACY #16114 20745 STEVENS CREEK CHMIRS, CUPA Listings, EMI, HWTS, HAZNET Higher 1241, 0.235, SSW J55 CVS PHARMACY #16114 20745 STEVENS CREEK CUPA Listings Higher 1241, 0.235, SSW 54 DELORES MARIK 10286 VIRGINIA SWAN RCRA NonGen / NLR, E MANIFEST Lower 1201, 0.227, East I53 BEN SHYY PHD DDS 10118 BANDLEY DR F CUPA Listings Higher 957, 0.181, South I52 BEN SHYY PHD, DDS 10118 BANDLEY DR RCRA NonGen / NLR Higher 957, 0.181, South 51 APPLE COMPUTER INC 10500 DE ANZA HIST CORTESE Lower 948, 0.180, NE G50 SREEHARSHA UKKADAM 10314 MINER PLACE RCRA NonGen / NLR, E MANIFEST Lower 931, 0.176, East H49 MARIANI DRIVE HOLDCO 20525 MARIANI AVE. RCRA NonGen / NLR Lower 896, 0.170, North H48 APPLE-MARIANI 1 20525 MARIANI AV CERS HAZ WASTE, CUPA Listings, CERS Lower 896, 0.170, North H47 APPLE INC (MARIANI 1 20525 MARIANI AVE RCRA-SQG, FINDS, ECHO, E MANIFEST Lower 896, 0.170, North 46 MAHAN DUTT 10254 MINER PLACE RCRA NonGen / NLR, E MANIFEST Lower 892, 0.169, ESE 45 UNDINE TSAI 10162 PARK CIRCLE WE RCRA NonGen / NLR Higher 787, 0.149, SW F44 GONG, SHERMAN 10202 PARLETT PL RCRA NonGen / NLR Lower 769, 0.146, SE G43 CHETAN BHADRICHA 10273 MINER PLACE RCRA NonGen / NLR, E MANIFEST Lower 766, 0.145, ESE G42 LAXMINARAYAN BHAT 10313 MINER PLACE RCRA NonGen / NLR, E MANIFEST Lower 743, 0.141, East 41 APPLE INC 10495 N DE ANZA BLVD RCRA NonGen / NLR, E MANIFEST Lower 732, 0.139, NNE F40 PRASANNA, MALAVIKA 10212 PARLETT PLACE RCRA NonGen / NLR, E MANIFEST Lower 726, 0.138, SE

MAPPED SITES SUMMARY
Target Property Address:
10268 BANDLEY DRIVE
CUPERTINO, CA 95014
Click on Map ID to see full detail.

MAP RELATIVE DIST (ft. & mi.)

ID DATABASE ACRONYMS ELEVATION DIRECTION SITE NAME ADDRESS 383
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105 SHELL 19990 STEVENS CREEK LUST, HIST UST, Cortese, Notify 65, CERS Lower 3457, 0.655, ESE U104 ARCO #5333 STEVENS CREEK/STELLI LUST, HIST LUST, Cortese Higher 2630, 0.498, SW U103 ARCO #5333 STEVENS CREEK/STELLI LUST Higher 2611, 0.495, SW U102 ARCO 21000 STEVENS CREEK HIST CORTESE Higher 2584, 0.489, SW U101 DE ANZA SHELL 20999 STEVENS CREEK LUST, CERS HAZ WASTE, SWEEPS UST, CA FID UST, CUPA...Higher 2473, 0.468, SW U100 SHELL 20999 STEVENS CREEK LUST, HIST LUST, Cortese Higher 2473, 0.468, SW U99 SHELL 20999 STEVENS CREEK LUST, HIST UST Higher 2473, 0.468, SW U98 SHELL 20999 STEVENS CREEK UST FINDER RELEASE Higher 2473, 0.468, SW T97 HALLER LUMBER 20195 STEVENS CREEK LUST, HIST LUST, Cortese, HIST CORTESE, CERS Lower 2402, 0.455, SE T96 HALLER LUMBER 20195 STEVENS CREEK UST FINDER RELEASE Lower 2402, 0.455, SE S95 ANDERSON OF CUPERTIN 20955 STEVENS CREEK UST FINDER RELEASE Higher 2223, 0.421, SW S94 ANDERSON OF CUPERTIN 20955 STEVENS CREEK ENVIROSTOR, LUST, HIST LUST, SWEEPS UST, Cortese,... Higher 2223, 0.421, SW R93 CUPERTINO FIRE STATI 20215 STEVENS CREEK LUST, HIST LUST, SWEEPS UST Lower 2189, 0.415, SE R92 CUPERTINO FIRE STATI 20215 STEVENS CREEK SEMS Lower 2189, 0.415, SE R91 CUPERTINO FIRE STATI 20215 STEVENS CREEK LUST, CERS Lower 2189, 0.415, SE R90 CUPERTINO FIRE STATI 20215 STEVENS CREEK UST FINDER RELEASE Lower 2189, 0.415, SE R89 CUPERTINO FIRE STATI 20215 STEVENS CREEK Cortese, HWTS, HAZNET Lower 2189, 0.415, SE Q88 CUPERTINO UNIFIED SC 10301 VISTA DR UST FINDER RELEASE Lower 1905, 0.361, East Q87 CUPERTINO UNIFIED SC 10301 10301 VISTA DR LUST Lower 1905, 0.361, East Q86 CUPERTINO UNIFIED SC 10301 VISTA DR LUST, CPS-SLIC, HIST LUST, CERS HAZ WASTE, SWEEPS... Lower 1905, 0.361, East P85 CUPERTINO CITY CENTE 20430 STEVENS CREEK UST FINDER RELEASE Lower 1887, 0.357, SSE P84 CUPERTINO CITY CENTE 20430 STEVENS CREEK LUST, HIST LUST, Cortese, HIST CORTESE, CERS Lower 1887, 0.357, SSE P83 DRYCLEAN-PRO 20379 STEVENS CREEK CERS HAZ WASTE, CUPA Listings, DRYCLEANERS, HIST... Lower 1802, 0.341, SE O82 CHEVRON #9-5954 10023 S DE ANZA BLVD UST FINDER RELEASE Lower 1731, 0.328, South O81 CHEVRON #9-5954 10023 S DE ANZA BLVD LUST, HIST LUST, CERS HAZ WASTE, SWEEPS UST, CERS...Lower 1731, 0.328, South K80 TEXACO 10002 DE ANZA BLVD LUST, HIST LUST, Cortese, HIST CORTESE, CERS Lower 1643, 0.311, SSE N79 CONOCOPHILLIPS 20755 STEVENS CREEK LUST, Cortese Higher 1601, 0.303, SSW

MAPPED SITES SUMMARY
Target Property Address:
10268 BANDLEY DRIVE
CUPERTINO, CA 95014
Click on Map ID to see full detail.

MAP RELATIVE DIST (ft. & mi.)

ID DATABASE ACRONYMS ELEVATION DIRECTION SITE NAME ADDRESS 384
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TARGET PROPERTY SEARCH RESULTS
The target property was not listed in any of the databases searched by EDR.

DATABASES WITH NO MAPPED SITES
No mapped sites were found in EDR’s search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases:

STANDARD ENVIRONMENTAL RECORDS
Lists of Federal NPL (Superfund) sites
NPL National Priority List
Proposed NPL Proposed National Priority List Sites
NPL LIENS Federal Superfund Liens
Lists of Federal Delisted NPL sites
Delisted NPL National Priority List Deletions
Lists of Federal sites subject to CERCLA removals and CERCLA orders FEDERAL FACILITY Federal Facility Site Information listing Lists of Federal RCRA generators
RCRA-VSQG RCRA - Very Small Quantity Generators (Formerly Conditionally Exempt Small Quantity Generators)
Federal institutional controls / engineering controls registries LUCIS Land Use Control Information System
US ENG CONTROLS Engineering Controls Sites List
US INST CONTROLS Institutional Controls Sites List
Federal ERNS list
ERNS Emergency Response Notification System
Lists of state- and tribal (Superfund) equivalent sites RESPONSE State Response Sites
Lists of state and tribal landfills and solid waste disposal facilities SWF/LF Solid Waste Information System
Lists of state and tribal leaking storage tanks
INDIAN LUST Leaking Underground Storage Tanks on Indian Land 385
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Lists of state and tribal registered storage tanks
FEMA UST Underground Storage Tank Listing
AST Aboveground Petroleum Storage Tank Facilities
INDIAN UST Underground Storage Tanks on Indian Land
Lists of state and tribal voluntary cleanup sites
INDIAN VCP Voluntary Cleanup Priority Listing
VCP Voluntary Cleanup Program Properties

ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS A Listing of Brownfields Sites
Local Lists of Landfill / Solid Waste Disposal Sites
WMUDS/SWAT Waste Management Unit Database
SWRCY Recycler Database
HAULERS Registered Waste Tire Haulers Listing
INDIAN ODI Report on the Status of Open Dumps on Indian Lands ODI Open Dump Inventory
DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations IHS OPEN DUMPS Open Dumps on Indian Land
Local Lists of Hazardous waste / Contaminated Sites
US HIST CDL Delisted National Clandestine Laboratory Register HIST Cal-Sites Historical Calsites Database
SCH School Property Evaluation Program
CDL Clandestine Drug Labs
Toxic Pits Toxic Pits Cleanup Act Sites
US CDL National Clandestine Laboratory Register
Local Lists of Registered Storage Tanks
CERS TANKS California Environmental Reporting System (CERS) Tanks Local Land Records
LIENS Environmental Liens Listing
LIENS 2 CERCLA Lien Information
DEED Deed Restriction Listing
Records of Emergency Release Reports
HMIRS Hazardous Materials Information Reporting System
CHMIRS California Hazardous Material Incident Report System LDS Land Disposal Sites Listing
MCS Military Cleanup Sites Listing
SPILLS 90 SPILLS 90 data from FirstSearch
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Other Ascertainable Records
FUDS Formerly Used Defense Sites
DOD Department of Defense Sites
SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing US FIN ASSUR Financial Assurance Information

EPA WATCH LIST EPA WATCH LIST
2020 COR ACTION 2020 Corrective Action Program List
TSCA Toxic Substances Control Act
TRIS Toxic Chemical Release Inventory System
SSTS Section 7 Tracking Systems
ROD Records Of Decision
RMP Risk Management Plans
RAATS RCRA Administrative Action Tracking System
PRP Potentially Responsible Parties
PADS PCB Activity Database System
ICIS Integrated Compliance Information System
FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act)
MLTS Material Licensing Tracking System
COAL ASH DOE Steam-Electric Plant Operation Data
COAL ASH EPA Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER PCB Transformer Registration Database
RADINFO Radiation Information Database
HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS Incident and Accident Data
CONSENT Superfund (CERCLA) Consent Decrees
INDIAN RESERV Indian Reservations
FUSRAP Formerly Utilized Sites Remedial Action Program
UMTRA Uranium Mill Tailings Sites
LEAD SMELTERS Lead Smelter Sites
US AIRS Aerometric Information Retrieval System Facility Subsystem US MINES Mines Master Index File
ABANDONED MINES Abandoned Mines
MINES MRDS Mineral Resources Data System
DOCKET HWC Hazardous Waste Compliance Docket Listing
UXO Unexploded Ordnance Sites
FUELS PROGRAM EPA Fuels Program Registered Listing
PFAS NPL Superfund Sites with PFAS Detections Information PFAS FEDERAL SITES Federal Sites PFAS Information
PFAS TRIS List of PFAS Added to the TRI
PFAS TSCA PFAS Manufacture and Imports Information
PFAS RCRA MANIFEST PFAS Transfers Identified In the RCRA Database Listing PFAS ATSDR PFAS Contamination Site Location Listing
PFAS WQP Ambient Environmental Sampling for PFAS

PFAS PROJECT NORTHEASTERN UNIVERSITY PFAS PROJECT
PFAS NPDES Clean Water Act Discharge Monitoring Information PFAS ECHO Facilities in Industries that May Be Handling PFAS Listing PFAS ECHO FIRE TRAIN Facilities in Industries that May Be Handling PFAS Listing PFAS PT 139 AIRPORT All Certified Part 139 Airports PFAS Information Listing AQUEOUS FOAM NRC Aqueous Foam Related Incidents Listing BIOSOLIDS ICIS-NPDES Biosolids Facility Data
UST FINDER UST Finder Database
PFAS PFAS Investigation Site Location Listing
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AQUEOUS FOAM Former Fire Training Facility Assessments Listing CA BOND EXP. PLAN Bond Expenditure Plan
CHROME PLATING Chrome Plating Facilities Listing
DRYCLEANERS Cleaner Facilities
EMI Emissions Inventory Data
ENF Enforcement Action Listing
Financial Assurance Financial Assurance Information Listing ICE Inspection, Compliance and Enforcement
HWT Registered Hazardous Waste Transporter Database
MINES Mines Site Location Listing
MWMP Medical Waste Management Program Listing
NPDES NPDES Permits Listing
PEST LIC Pesticide Regulation Licenses Listing
PROC Certified Processors Database
HAZMAT Hazardous Material Facilities
UIC UIC Listing

UIC GEO UIC GEO (GEOTRACKER)
WASTEWATER PITS Oil Wastewater Pits Listing
WDS Waste Discharge System
WIP Well Investigation Program Case List

MILITARY PRIV SITES MILITARY PRIV SITES (GEOTRACKER)

PROJECT PROJECT (GEOTRACKER)
WDR Waste Discharge Requirements Listing
CIWQS California Integrated Water Quality System

CERS CERS

NON-CASE INFO NON-CASE INFO (GEOTRACKER)

OTHER OIL GAS OTHER OIL & GAS (GEOTRACKER)

PROD WATER PONDS PROD WATER PONDS (GEOTRACKER)

SAMPLING POINT SAMPLING POINT (GEOTRACKER)
WELL STIM PROJ Well Stimulation Project (GEOTRACKER)

EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP EDR Proprietary Manufactured Gas Plants
EDR Hist Auto EDR Exclusive Historical Auto Stations
EDR Hist Cleaner EDR Exclusive Historical Cleaners

EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA LF Recovered Government Archive Solid Waste Facilities List RGA LUST Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS
Surrounding sites were identified in the following databases.

Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property.

Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed.

Sites listed in bold italics are in multiple databases.

Unmappable (orphan) sites are not considered in the foregoing analysis. 388
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STANDARD ENVIRONMENTAL RECORDS
Lists of Federal sites subject to CERCLA removals and CERCLA orders SEMS: SEMS (Superfund Enterprise Management System) tracks hazardous waste sites, potentially hazardous waste sites, and remedial activities performed in support of EPA’s Superfund Program across the United States. The list was formerly know as CERCLIS, renamed to SEMS by the EPA in 2015. The list contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This dataset also contains sites which are either proposed to or on the National Priorities List (NPL) and the sites which are in the screening and assessment phase for possible inclusion on the NPL.

A review of the SEMS list, as provided by EDR, and dated 12/19/2024 has revealed that there is 1 SEMS site within approximately 0.5 miles of the target property.

Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CUPERTINO FIRE STATI 20215 STEVENS CREEK SE 1/4 - 1/2 (0.415 mi.) R92 471 Site ID: 0908415
EPA Id: CAN000908415
Lists of Federal CERCLA sites with NFRAP
SEMS-ARCHIVE: SEMS-ARCHIVE (Superfund Enterprise Management System Archive) tracks sites that have no further interest under the Federal Superfund Program based on available information. The list was formerly known as the CERCLIS-NFRAP, renamed to SEMS ARCHIVE by the EPA in 2015. EPA may perform a minimal level of assessment work at a site while it is archived if site conditions change and/or new information becomes available. Archived sites have been removed and archived from the inventory of SEMS sites. Archived status indicates that, to the best of EPA’s knowledge, assessment at a site has been completed and that EPA has determined no further steps will be taken to list the site on the National Priorities List (NPL), unless information indicates this decision was not appropriate or other considerations require a recommendation for listing at a later time. The decision does not necessarily mean that there is no hazard associated with a given site; it only means that. based upon available information, the location is not judged to be potential NPL site.

A review of the SEMS-ARCHIVE list, as provided by EDR, and dated 12/19/2024 has revealed that there is 1 SEMS-ARCHIVE site within approximately 0.5 miles of the target property.

Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ TIMEX 20650 VALLEY GREEN D N 1/4 - 1/2 (0.290 mi.) M68 364 Site ID: 0901648
EPA Id: CAD088844345
Lists of Federal RCRA facilities undergoing Corrective Action CORRACTS: CORRACTS is a list of handlers with RCRA Corrective Action Activity. This report shows which nationally-defined corrective action core events have occurred for every handler that has had corrective action activity.

A review of the CORRACTS list, as provided by EDR, and dated 09/16/2024 has revealed that there is 1 389
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CORRACTS site within approximately 1 mile of the target property.

Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ MOTOROLA FOUR PHASE 10700 N DE ANZA BLVD NNE 1/4 - 1/2 (0.282 mi.) L65 350 EPA ID:: CAD990794158
Lists of Federal RCRA TSD facilities
RCRA-TSDF: RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste.

A review of the RCRA-TSDF list, as provided by EDR, and dated 09/16/2024 has revealed that there is 1 RCRA-TSDF site within approximately 0.5 miles of the target property.

Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ MOTOROLA FOUR PHASE 10700 N DE ANZA BLVD NNE 1/4 - 1/2 (0.282 mi.) L65 350 EPA ID:: CAD990794158
Lists of Federal RCRA generators
RCRA-LQG: RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Large quantity generators (LQGs) generate over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month.

A review of the RCRA-LQG list, as provided by EDR, and dated 09/16/2024 has revealed that there is 1 RCRA-LQG site within approximately 0.25 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ TARGET STORE T0323 20745 STEVENS CREEK SSW 1/8 - 1/4 (0.235 mi.) J60 303 EPA ID:: CAR000050864
RCRA-SQG: RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Small quantity generators (SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month.

A review of the RCRA-SQG list, as provided by EDR, and dated 09/16/2024 has revealed that there are 3 RCRA-SQG sites within approximately 0.25 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE INC 20605 LAZANEO DRIVE S 0 - 1/8 (0.037 mi.) A6 22 390
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EPA ID:: CAD981386246
Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE, INC 10475 BANDLEY DR. NNW 0 - 1/8 (0.092 mi.) E21 127 EPA ID:: CAD981386600
APPLE INC (MARIANI 1 20525 MARIANI AVE N 1/8 - 1/4 (0.170 mi.) H47 256 EPA ID:: CAD060704780
Lists of state- and tribal hazardous waste facilities
ENVIROSTOR: The Department of Toxic Substances Control’s (DTSC’s) Site Mitigation and Brownfields Reuse Program’s (SMBRP’s) EnviroStor database identifes sites that have known contamination or sites for which there may be reasons to investigate further. The database includes the following site types: Federal Superfund sites (National Priorities List (NPL)); State Response, including Military Facilities and State Superfund; Voluntary Cleanup; and School sites. EnviroStor provides similar information to the information that was available in CalSites, and provides additional site information, including, but not limited to, identification of formerly-contaminated properties that have been released for reuse, properties where environmental deed restrictions have been recorded to prevent inappropriate land uses, and risk characterization information that is used to assess potential impacts to public health and the environment at contaminated sites.

A review of the ENVIROSTOR list, as provided by EDR, and dated 10/21/2024 has revealed that there are 2 ENVIROSTOR sites within approximately 1 mile of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ ANDERSON OF CUPERTIN 20955 STEVENS CREEK SW 1/4 - 1/2 (0.421 mi.) S94 473 Facility Id: 60001047
Status: Refer: 1248 Local Agency
Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ FOUR-PHASE SYSTEMS I 10700 N DE ANZA BLVD NNE 1/4 - 1/2 (0.282 mi.) L66 357 Facility Id: 80001514
Status: No Action Required
Lists of state and tribal leaking storage tanks
LUST: Leaking Underground Storage Tank (LUST) Sites included in GeoTracker. GeoTracker is the Water Boards data management system for sites that impact, or have the potential to impact, water quality in California, with emphasis on groundwater.

A review of the LUST list, as provided by EDR, has revealed that there are 23 LUST sites within approximately 0.5 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CONOCOPHILLIPS 20755 STEVENS CREEK SSW 1/4 - 1/2 (0.303 mi.) N76 399 Database: LUST REG 2, Date of Government Version: 09/30/2004 391
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Facility Status: Preliminary site assessment underway
UNOCAL STATION #7000 20755 STEVENS CREEK SSW 1/4 - 1/2 (0.303 mi.) N77 400 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Date Closed: 01/05/1998
Date Closed: 12/01/2006
SCVWD ID: 07S2W13Q02F
SCVWD ID: 07S2W13F04F
CONOCOPHILLIPS 20755 STEVENS CREEK SSW 1/4 - 1/2 (0.303 mi.) N79 403 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Global Id: T0608574700
ANDERSON OF CUPERTIN 20955 STEVENS CREEK SW 1/4 - 1/2 (0.421 mi.) S94 473 Database: LUST REG 2, Date of Government Version: 09/30/2004 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Facility Status: Case Closed
Date Closed: 07/30/1998
Global Id: T0608502120
SCVWD ID: 07S2W13E03F
date9: 7/30/1998
SHELL 20999 STEVENS CREEK SW 1/4 - 1/2 (0.468 mi.) U99 484 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Global Id: T0608502366
SHELL 20999 STEVENS CREEK SW 1/4 - 1/2 (0.468 mi.) U100 487 Database: LUST REG 2, Date of Government Version: 09/30/2004 Facility Status: Case Closed
date9: 6/27/2000
DE ANZA SHELL 20999 STEVENS CREEK SW 1/4 - 1/2 (0.468 mi.) U101 488 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Date Closed: 06/27/2000
SCVWD ID: 07S2W13E04F
ARCO #5333 STEVENS CREEK/STELLI SW 1/4 - 1/2 (0.495 mi.) U103 504 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Date Closed: 11/16/1990
Global Id: T0608500168
SCVWD ID: 07S2W13E02F
ARCO #5333 STEVENS CREEK/STELLI SW 1/4 - 1/2 (0.498 mi.) U104 507 Database: LUST REG 2, Date of Government Version: 09/30/2004 Facility Status: Case Closed
date9: 11/16/1990
Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CUPERTINO NURSERY 10431 N DE ANZA BLVD NNE 0 - 1/8 (0.097 mi.) C24 155 Database: LUST REG 2, Date of Government Version: 09/30/2004 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
392
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Facility Status: Case Closed
Date Closed: 01/24/1992
Global Id: T0608500480
SCVWD ID: 07S2W13C01F
date9: 1/24/1992
FOUR-PHASE SYSTEMS 10500 N DE ANZA BLVD NE 0 - 1/8 (0.101 mi.) C26 160 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Global Id: T0608500147
APPLE INC 10500 N DE ANZA BLVD NE 0 - 1/8 (0.101 mi.) C31 182 Database: LUST REG 2, Date of Government Version: 09/30/2004 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Facility Status: Preliminary site assessment underway
Date Closed: 01/17/1991
SCVWD ID: 07S2W12Q01F
date9: 1/17/1991
CUPERTINO CLEAN SCEN 10165 DE ANZA BLVD SSE 1/8 - 1/4 (0.131 mi.) D38 202 Database: LUST REG 2, Date of Government Version: 09/30/2004 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Facility Status: Pollution Characterization
Date Closed: 06/15/2011
Global Id: T0608502052
SCVWD ID: 07S2W13F02F
GREAT GAS CUPERTINO 10625 N DE ANZA BL NNE 1/4 - 1/2 (0.291 mi.) L72 369 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Date Closed: 06/27/2001
Global Id: T0608500155
SCVWD ID: 07S2W12P01F
ARCO #6111 10625 N DE ANZA BLVD NNE 1/4 - 1/2 (0.291 mi.) L73 397 Database: LUST REG 2, Date of Government Version: 09/30/2004 Facility Status: Case Closed
date9: 6/27/2001
TEXACO 10002 DE ANZA BLVD SSE 1/4 - 1/2 (0.311 mi.) K80 409 Database: LUST REG 2, Date of Government Version: 09/30/2004 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Facility Status: Case Closed
Date Closed: 10/18/1996
Global Id: T0608501414
SCVWD ID: 07S2W13G02F
date9: 10/18/1996
CHEVRON #9-5954 10023 S DE ANZA BLVD S 1/4 - 1/2 (0.328 mi.) O81 413 Database: LUST REG 2, Date of Government Version: 09/30/2004 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Facility Status: Case Closed
Date Closed: 08/13/2002
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Global Id: T0608500327
SCVWD ID: 07S2W13F03F
date9: 8/13/2002
CUPERTINO CITY CENTE 20430 STEVENS CREEK SSE 1/4 - 1/2 (0.357 mi.) P84 449 Database: LUST REG 2, Date of Government Version: 09/30/2004 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Facility Status: Case Closed
Date Closed: 01/22/2002
Global Id: T0608571092
SCVWD ID: 07S2W13G01F
date9: 1/22/2002
CUPERTINO UNIFIED SC 10301 VISTA DR E 1/4 - 1/2 (0.361 mi.) Q86 455 Database: LUST REG 2, Date of Government Version: 09/30/2004 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Facility Status: Case Closed
Global Id: T0608502456
date9: 4/14/2000
CUPERTINO UNIFIED SC 10301 10301 VISTA DR E 1/4 - 1/2 (0.361 mi.) Q87 462 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Date Closed: 04/14/2000
SCVWD ID: 07S2W13H02F
CUPERTINO FIRE STATI 20215 STEVENS CREEK SE 1/4 - 1/2 (0.415 mi.) R91 468 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Date Closed: 05/16/2002
Global Id: T0608568663
SCVWD ID: 07S2W13J01F
CUPERTINO FIRE STATI 20215 STEVENS CREEK SE 1/4 - 1/2 (0.415 mi.) R93 472 Database: LUST REG 2, Date of Government Version: 09/30/2004 Facility Status: Case Closed
date9: 5/16/2002
HALLER LUMBER 20195 STEVENS CREEK SE 1/4 - 1/2 (0.455 mi.) T97 479 Database: LUST REG 2, Date of Government Version: 09/30/2004 Database: LUST SANTA CLARA, Date of Government Version: 03/03/2014 Database: LUST, Date of Government Version: 08/28/2024
Status: Completed - Case Closed
Facility Status: Case Closed
Date Closed: 07/02/1991
Global Id: T0608500705
SCVWD ID: 07S2W13H01F
date9: 7/2/1991
CPS-SLIC: Cleanup Program Sites (CPS; also known as Site Cleanups [SC] and formerly known as Spills, Leaks, Investigations, and Cleanups [SLIC] sites) included in GeoTracker. GeoTracker is the Water Boards data management system for sites that impact, or have the potential to impact, water quality in California, with emphasis on groundwater.

A review of the CPS-SLIC list, as provided by EDR, has revealed that there are 4 CPS-SLIC sites 394
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within approximately 0.5 miles of the target property.

Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE INC 20400 MARIANI AVENUE NE 1/4 - 1/2 (0.261 mi.) 63 331 Database: CPS-SLIC, Date of Government Version: 08/28/2024 Global Id: SL0608533305
Facility Status: Completed - Case Closed
TIMEX CORPORATION 20650 VALLEY GREEN D N 1/4 - 1/2 (0.290 mi.) M69 367 Database: SLIC REG 2, Date of Government Version: 09/30/2004 Facility Id: 43-1927
TIMEX CORPORATION 20650 VALLEY GREEN D N 1/4 - 1/2 (0.290 mi.) M70 368 Database: CPS-SLIC, Date of Government Version: 08/28/2024 Global Id: T0608591755
Facility Status: Completed - Case Closed
CUPERTINO UNIFIED SC 10301 VISTA DR E 1/4 - 1/2 (0.361 mi.) Q86 455 Database: CPS-SLIC, Date of Government Version: 08/28/2024 Global Id: T10000005106
Facility Status: Completed - Case Closed
HIST LUST: A listing of open and closed leaking underground storage tanks. This listing is no longer updated by the county. Leaking underground storage tanks are now handled by the Department of Environmental Health.

A review of the HIST LUST list, as provided by EDR, and dated 03/29/2005 has revealed that there are 15 HIST LUST sites within approximately 0.5 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CONOCOPHILLIPS 20755 STEVENS CREEK SSW 1/4 - 1/2 (0.303 mi.) N76 399 SCVWD ID: 07S2W13F04
ANDERSON OF CUPERTIN 20955 STEVENS CREEK SW 1/4 - 1/2 (0.421 mi.) S94 473 SCVWD ID: 07S2W13E03
SHELL 20999 STEVENS CREEK SW 1/4 - 1/2 (0.468 mi.) U100 487 SCVWD ID: 07S2W13E04
ARCO #5333 STEVENS CREEK/STELLI SW 1/4 - 1/2 (0.498 mi.) U104 507 SCVWD ID: 07S2W13E02
Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CUPERTINO NURSERY 10431 N DE ANZA BLVD NNE 0 - 1/8 (0.097 mi.) C24 155 SCVWD ID: 07S2W13C01
APPLE INC 10500 N DE ANZA BLVD NE 0 - 1/8 (0.101 mi.) C31 182 SCVWD ID: 07S2W12Q01
CUPERTINO CLEAN SCEN 10165 DE ANZA BLVD SSE 1/8 - 1/4 (0.131 mi.) D38 202 SCVWD ID: 07S2W13F02
CHEVRON 10023 DE ANZA S 1/4 - 1/2 (0.291 mi.) K71 369
SCVWD ID: 07S2W13F01
ARCO #6111 10625 N DE ANZA BLVD NNE 1/4 - 1/2 (0.291 mi.) L73 397 SCVWD ID: 07S2W12P01
TEXACO 10002 DE ANZA BLVD SSE 1/4 - 1/2 (0.311 mi.) K80 409 395
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SCVWD ID: 07S2W13G02
CHEVRON #9-5954 10023 S DE ANZA BLVD S 1/4 - 1/2 (0.328 mi.) O81 413 SCVWD ID: 07S2W13F03
CUPERTINO CITY CENTE 20430 STEVENS CREEK SSE 1/4 - 1/2 (0.357 mi.) P84 449 SCVWD ID: 07S2W13G01
CUPERTINO UNIFIED SC 10301 VISTA DR E 1/4 - 1/2 (0.361 mi.) Q86 455 SCVWD ID: 07S2W13H02
CUPERTINO FIRE STATI 20215 STEVENS CREEK SE 1/4 - 1/2 (0.415 mi.) R93 472 SCVWD ID: 07S2W13J01
HALLER LUMBER 20195 STEVENS CREEK SE 1/4 - 1/2 (0.455 mi.) T97 479 SCVWD ID: 07S2W13H01
Lists of state and tribal registered storage tanks
UST: The Underground Storage Tank database contains registered USTs. USTs are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The data come from the State Water Resources Control Board’s Hazardous Substance Storage Container Database.

A review of the UST list, as provided by EDR, has revealed that there is 1 UST site within approximately 0.25 miles of the target property.

Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CUPERTINO CLEAN SCEN 10165 N DE ANZA BL SSE 1/8 - 1/4 (0.130 mi.) D37 201 Database: UST, Date of Government Version: 08/28/2024
Facility Id: 29
Lists of state and tribal brownfield sites
BROWNFIELDS: A listing of sites the SWRCB considers to be Brownfields since these are sites have come to them through the MOA Process.

A review of the BROWNFIELDS list, as provided by EDR, and dated 09/16/2024 has revealed that there is 1 BROWNFIELDS site within approximately 0.5 miles of the target property.

Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE INC 20400 MARIANI AVENUE NE 1/4 - 1/2 (0.261 mi.) 63 331

ADDITIONAL ENVIRONMENTAL RECORDS
Local Lists of Hazardous waste / Contaminated Sites
CERS HAZ WASTE: List of sites in the California Environmental Protection Agency (CalEPA) Regulated Site Portal which fall under the Hazardous Chemical Management, Hazardous Waste Onsite Treatment, Household Hazardous Waste Collection, Hazardous Waste Generator, and RCRA LQ HW Generator programs.

A review of the CERS HAZ WASTE list, as provided by EDR, and dated 10/15/2024 has revealed that there 396
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are 6 CERS HAZ WASTE sites within approximately 0.25 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE-LAZANEO 20605 LAZANEO DR S 0 - 1/8 (0.037 mi.) A9 43 TARGET T0323 20745 STEVENS CREEK SSW 1/8 - 1/4 (0.235 mi.) J57 296 Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE-DE ANZA 2 10201 N DE ANZA BLVD SSE 0 - 1/8 (0.091 mi.) D16 106 APPLE-BANDLEY 5 10475 BANDLEY DR NNW 0 - 1/8 (0.092 mi.) E22 145 APPLE-DE ANZA 3 10500 N DE ANZA BL 3 NE 0 - 1/8 (0.101 mi.) C28 164 APPLE-MARIANI 1 20525 MARIANI AV N 1/8 - 1/4 (0.170 mi.) H48 270 Local Lists of Registered Storage Tanks
SWEEPS UST: Statewide Environmental Evaluation and Planning System. This underground storage tank listing was updated and maintained by a company contacted by the SWRCB in the early 1990’s. The listing is no longer updated or maintained. The local agency is the contact for more information on a site on the SWEEPS list.

A review of the SWEEPS UST list, as provided by EDR, and dated 06/01/1994 has revealed that there are 2 SWEEPS UST sites within approximately 0.25 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE COMPUTER 10260 BANDLEY DR 0 - 1/8 (0.000 mi.) A1 9 Status: A
Tank Status: A
Comp Number: 612
Comp Number: 93485
Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CUPERTINO CLEAN SCEN 10165 DE ANZA BLVD SSE 1/8 - 1/4 (0.131 mi.) D38 202 Status: A
Tank Status: A
Comp Number: 12702
HIST UST: Historical UST Registered Database.

A review of the HIST UST list, as provided by EDR, and dated 10/15/1990 has revealed that there are 3 HIST UST sites within approximately 0.25 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ FIRESTONE # 3655 20745 STEVENS CREEK SSW 1/8 - 1/4 (0.235 mi.) J59 303 Facility Id: 00000005838
Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ FOUR-PHASE SYSTEMS 10500 N DE ANZA BLVD NE 0 - 1/8 (0.101 mi.) C26 160 Facility Id: 00000006819
CLEAN SCENE CAR WASH 10165 N DE ANZA BLVD SSE 1/8 - 1/4 (0.130 mi.) D36 200 397
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Facility Id: 00000012702
CA FID UST: The Facility Inventory Database contains active and inactive underground storage tank locations. The source is the State Water Resource Control Board.

A review of the CA FID UST list, as provided by EDR, and dated 10/31/1994 has revealed that there are 2 CA FID UST sites within approximately 0.25 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE COMPUTER 10260 BANDLEY DR 0 - 1/8 (0.000 mi.) A1 9 Facility Id: 43004927
Status: A
Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CUPERTINO CLEAN SCEN 10165 DE ANZA BLVD SSE 1/8 - 1/4 (0.131 mi.) D38 202 Facility Id: 43012308
Status: A
Other Ascertainable Records
RCRA NonGen / NLR: RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Non-Generators do not presently generate hazardous waste.

A review of the RCRA NonGen / NLR list, as provided by EDR, and dated 09/16/2024 has revealed that there are 34 RCRA NonGen / NLR sites within approximately 0.25 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE COMPUTER 10260 BANDLEY DR 0 - 1/8 (0.000 mi.) A1 9 EPA ID:: CAD981386667
BOYER FAMILY LIMITED 20605 LAZANEO S 0 - 1/8 (0.037 mi.) A7 38 EPA ID:: CAC003248744
BOYER FAMILY PARTNER 20605 LAZANEO S 0 - 1/8 (0.037 mi.) A8 40 EPA ID:: CAC003026580
APPLE INC 20605 LAZANEO DR. S 0 - 1/8 (0.037 mi.) A10 87 EPA ID:: CAL000357833
APPLE INC. 10385 BANDLEY DR. WSW 0 - 1/8 (0.046 mi.) A11 92 EPA ID:: CAC003145799
APPLE INC. (BA04) 10441 BANDLEY DR SSW 0 - 1/8 (0.047 mi.) A12 95 EPA ID:: CAL000457964
TRACY HSU 20696 HANFORD DR W 0 - 1/8 (0.089 mi.) 14 102 EPA ID:: CAC003115947
APPLE INC (BA09) 10250 BANDLEY DR S 0 - 1/8 (0.125 mi.) 33 187 EPA ID:: CAL000449969
UNDINE TSAI 10162 PARK CIRCLE WE SW 1/8 - 1/4 (0.149 mi.) 45 250 398
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EPA ID:: CAC003020365
BEN SHYY PHD, DDS 10118 BANDLEY DR S 1/8 - 1/4 (0.181 mi.) I52 281 EPA ID:: CAL000099102
CVS PHARMACY #16114 20745 STEVENS CREEK SSW 1/8 - 1/4 (0.235 mi.) J61 323 EPA ID:: CAR000258830
Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE COMPUTER 10275 N DE ANZA BLVD SE 0 - 1/8 (0.030 mi.) 3 15 EPA ID:: CAD981386543
APPLE INC. 10460 BANDLEY DR NNW 0 - 1/8 (0.032 mi.) B4 18 EPA ID:: CAC003031979
APPLE INC. 10460 BANDLEY DR. NNW 0 - 1/8 (0.032 mi.) B5 20 EPA ID:: CAC003147682
SNEHAL THAKKAR 10321 PARLETT PLACE ENE 0 - 1/8 (0.084 mi.) 13 98 EPA ID:: CAC003179328
ROBERT GRANUM 10201 NORTH DE ANZA SSE 0 - 1/8 (0.091 mi.) D17 108 EPA ID:: CAC002987494
APPLE INC 10201 NORTH DE ANZA SSE 0 - 1/8 (0.091 mi.) D18 112 EPA ID:: CAL000349787
APPLE INC 10201 N DE ANZA BLVD SSE 0 - 1/8 (0.091 mi.) D19 117 EPA ID:: CAD981386782
APPLE INC (DA07) 10431 N DE ANZA BLVD NNE 0 - 1/8 (0.097 mi.) C23 150 EPA ID:: CAL000402019
APPLE INC 10500 N. DE ANZA BLV NE 0 - 1/8 (0.101 mi.) C29 167 EPA ID:: CAL000251661
BERG & BERG LLC 10500 N DE ANZA BLVD NE 0 - 1/8 (0.101 mi.) C30 179 EPA ID:: CAC003044236
APPLE INC 10500 N DE ANZA BLVD NE 0 - 1/8 (0.101 mi.) C31 182 EPA ID:: CAD981386485
PETER LAN 10201 PARLETT PLACE SE 1/8 - 1/4 (0.125 mi.) D34 192 EPA ID:: CAC003093305
ALOFT CUPERTINO 10165 N. DE ANZA BLV SSE 1/8 - 1/4 (0.130 mi.) D35 196 EPA ID:: CAC003175838
PRASANNA, MALAVIKA 10212 PARLETT PLACE SE 1/8 - 1/4 (0.138 mi.) F40 220 EPA ID:: CAC003254561
APPLE INC 10495 N DE ANZA BLVD NNE 1/8 - 1/4 (0.139 mi.) 41 224 EPA ID:: CAL000361949
LAXMINARAYAN BHAT 10313 MINER PLACE E 1/8 - 1/4 (0.141 mi.) G42 239 EPA ID:: CAC003180951
CHETAN BHADRICHA 10273 MINER PLACE ESE 1/8 - 1/4 (0.145 mi.) G43 243 EPA ID:: CAC003261107
GONG, SHERMAN 10202 PARLETT PL SE 1/8 - 1/4 (0.146 mi.) F44 248 EPA ID:: CAC003299187
MAHAN DUTT 10254 MINER PLACE ESE 1/8 - 1/4 (0.169 mi.) 46 252 EPA ID:: CAC003051723
MARIANI DRIVE HOLDCO 20525 MARIANI AVE. N 1/8 - 1/4 (0.170 mi.) H49 274 399
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EPA ID:: CAC003304810
SREEHARSHA UKKADAM 10314 MINER PLACE E 1/8 - 1/4 (0.176 mi.) G50 276 EPA ID:: CAC003020221
DELORES MARIK 10286 VIRGINIA SWAN E 1/8 - 1/4 (0.227 mi.) 54 283 EPA ID:: CAC003275996
LIZ WU 20705 ACADIA COURT NNW 1/8 - 1/4 (0.243 mi.) 62 327 EPA ID:: CAC003174254
FINDS: The Facility Index System contains both facility information and "pointers" to other sources of information that contain more detail. These include: RCRIS; Permit Compliance System (PCS); Aerometric Information Retrieval System (AIRS); FATES (FIFRA [Federal Insecticide Fungicide Rodenticide Act] and TSCA Enforcement System, FTTS [FIFRA/TSCA Tracking System]; CERCLIS; DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes); Federal Underground Injection Control (FURS); Federal Reporting Data System (FRDS); Surface Impoundments (SIA); TSCA Chemicals in Commerce Information System (CICS); PADS; RCRA-J (medical waste transporters/disposers); TRIS; and TSCA. The source of this database is the U.S. EPA/NTIS.

A review of the FINDS list, as provided by EDR, and dated 08/13/2024 has revealed that there is 1 FINDS site within approximately 0.001 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE COMPUTER 10260 BANDLEY DR 0 - 1/8 (0.000 mi.) A1 9 Registry ID:: 110002689573
ECHO: ECHO provides integrated compliance and enforcement information for about 800,000 regulated facilities nationwide.

A review of the ECHO list, as provided by EDR, and dated 12/21/2024 has revealed that there is 1 ECHO site within approximately 0.001 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE COMPUTER 10260 BANDLEY DR 0 - 1/8 (0.000 mi.) A1 9 Registry ID: 110002689573
UST FINDER RELEASE: US EPA’s UST Finder data is a national composite of leaking underground storage tanks.

This data contains information about, and locations of, leaking underground storage tanks. Data was collected from state sources and standardized into a national profile by EPA’s Office of Underground Storage Tanks, Office of Research and Development, and the Association of State and Territorial Solid Waste Management Officials.

A review of the UST FINDER RELEASE list, as provided by EDR, and dated 06/08/2023 has revealed that there are 13 UST FINDER RELEASE sites within approximately 0.5 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CONOCOPHILLIPS 20755 STEVENS CREEK SSW 1/4 - 1/2 (0.303 mi.) N78 402 ANDERSON OF CUPERTIN 20955 STEVENS CREEK SW 1/4 - 1/2 (0.421 mi.) S95 478 SHELL 20999 STEVENS CREEK SW 1/4 - 1/2 (0.468 mi.) U98 483 Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CUPERTINO NURSERY 10431 N DE ANZA BLVD NNE 0 - 1/8 (0.097 mi.) C25 159 400
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EXECUTIVE SUMMARY
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Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE COMPUTER 10500 N DE ANZA BLVD NE 0 - 1/8 (0.101 mi.) C27 163 CUPERTINO CLEAN SCEN 10165 DE ANZA BOULEV SSE 1/8 - 1/4 (0.133 mi.) D39 219 TEXACO 10002 DE ANZA BLVD SSE 1/4 - 1/2 (0.282 mi.) K64 350 ARCO #6111 10625 N DE ANZA BLVD NNE 1/4 - 1/2 (0.291 mi.) L74 398 CHEVRON #9-5954 10023 S DE ANZA BLVD S 1/4 - 1/2 (0.328 mi.) O82 442 CUPERTINO CITY CENTE 20430 STEVENS CREEK SSE 1/4 - 1/2 (0.357 mi.) P85 454 CUPERTINO UNIFIED SC 10301 VISTA DR E 1/4 - 1/2 (0.361 mi.) Q88 463 CUPERTINO FIRE STATI 20215 STEVENS CREEK SE 1/4 - 1/2 (0.415 mi.) R90 467 HALLER LUMBER 20195 STEVENS CREEK SE 1/4 - 1/2 (0.455 mi.) T96 479 E MANIFEST: EPA established a national system for tracking hazardous waste shipments electronically.

This system, known as ?e-Manifest,? will modernize the nation?s cradle-to-grave hazardous waste tracking process while saving valuable time, resources, and dollars for industry and states.

A review of the E MANIFEST list, as provided by EDR, and dated 09/16/2024 has revealed that there are 21 E MANIFEST sites within approximately 0.25 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE INC 20605 LAZANEO DRIVE S 0 - 1/8 (0.037 mi.) A6 22 TRACY HSU 20696 HANFORD DR W 0 - 1/8 (0.089 mi.) 14 102 APPLE INC (BA09) 10250 BANDLEY DR S 0 - 1/8 (0.125 mi.) 33 187 TARGET STORE T0323 20745 STEVENS CREEK SSW 1/8 - 1/4 (0.235 mi.) J60 303 Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ SNEHAL THAKKAR 10321 PARLETT PLACE ENE 0 - 1/8 (0.084 mi.) 13 98 ROBERT GRANUM 10201 NORTH DE ANZA SSE 0 - 1/8 (0.091 mi.) D17 108 APPLE INC 10201 NORTH DE ANZA SSE 0 - 1/8 (0.091 mi.) D18 112 APPLE, INC 10475 BANDLEY DR. NNW 0 - 1/8 (0.092 mi.) E21 127 APPLE INC (DA07) 10431 N DE ANZA BLVD NNE 0 - 1/8 (0.097 mi.) C23 150 APPLE INC 10500 N. DE ANZA BLV NE 0 - 1/8 (0.101 mi.) C29 167 PETER LAN 10201 PARLETT PLACE SE 1/8 - 1/4 (0.125 mi.) D34 192 ALOFT CUPERTINO 10165 N. DE ANZA BLV SSE 1/8 - 1/4 (0.130 mi.) D35 196 PRASANNA, MALAVIKA 10212 PARLETT PLACE SE 1/8 - 1/4 (0.138 mi.) F40 220 APPLE INC 10495 N DE ANZA BLVD NNE 1/8 - 1/4 (0.139 mi.) 41 224 LAXMINARAYAN BHAT 10313 MINER PLACE E 1/8 - 1/4 (0.141 mi.) G42 239 CHETAN BHADRICHA 10273 MINER PLACE ESE 1/8 - 1/4 (0.145 mi.) G43 243 MAHAN DUTT 10254 MINER PLACE ESE 1/8 - 1/4 (0.169 mi.) 46 252 APPLE INC (MARIANI 1 20525 MARIANI AVE N 1/8 - 1/4 (0.170 mi.) H47 256 SREEHARSHA UKKADAM 10314 MINER PLACE E 1/8 - 1/4 (0.176 mi.) G50 276 DELORES MARIK 10286 VIRGINIA SWAN E 1/8 - 1/4 (0.227 mi.) 54 283 LIZ WU 20705 ACADIA COURT NNW 1/8 - 1/4 (0.243 mi.) 62 327 Cortese: The sites for the list are designated by the State Water Resource Control Board (LUST), the Integrated Waste Board (SWF/LS), and the Department of Toxic Substances Control (Cal-Sites).

A review of the Cortese list, as provided by EDR, and dated 09/16/2024 has revealed that there are 14 Cortese sites within approximately 0.5 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CONOCOPHILLIPS 20755 STEVENS CREEK SSW 1/4 - 1/2 (0.303 mi.) N79 403 401
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EXECUTIVE SUMMARY
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Cleanup Status: COMPLETED - CASE CLOSED
ANDERSON OF CUPERTIN 20955 STEVENS CREEK SW 1/4 - 1/2 (0.421 mi.) S94 473 Cleanup Status: COMPLETED - CASE CLOSED
SHELL 20999 STEVENS CREEK SW 1/4 - 1/2 (0.468 mi.) U100 487 Cleanup Status: COMPLETED - CASE CLOSED
ARCO #5333 STEVENS CREEK/STELLI SW 1/4 - 1/2 (0.498 mi.) U104 507 Cleanup Status: COMPLETED - CASE CLOSED
Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CUPERTINO NURSERY 10431 N DE ANZA BLVD NNE 0 - 1/8 (0.097 mi.) C24 155 Cleanup Status: COMPLETED - CASE CLOSED
APPLE INC 10500 N DE ANZA BLVD NE 0 - 1/8 (0.101 mi.) C31 182 Cleanup Status: COMPLETED - CASE CLOSED
CUPERTINO CLEAN SCEN 10165 DE ANZA BLVD SSE 1/8 - 1/4 (0.131 mi.) D38 202 Cleanup Status: COMPLETED - CASE CLOSED
ARCO #6111 10625 N DE ANZA BLVD NNE 1/4 - 1/2 (0.291 mi.) L73 397 Cleanup Status: COMPLETED - CASE CLOSED
TEXACO 10002 DE ANZA BLVD SSE 1/4 - 1/2 (0.311 mi.) K80 409 Cleanup Status: COMPLETED - CASE CLOSED
CHEVRON #9-5954 10023 S DE ANZA BLVD S 1/4 - 1/2 (0.328 mi.) O81 413 Cleanup Status: COMPLETED - CASE CLOSED
CUPERTINO CITY CENTE 20430 STEVENS CREEK SSE 1/4 - 1/2 (0.357 mi.) P84 449 Cleanup Status: COMPLETED - CASE CLOSED
CUPERTINO UNIFIED SC 10301 VISTA DR E 1/4 - 1/2 (0.361 mi.) Q86 455 Cleanup Status: COMPLETED - CASE CLOSED
CUPERTINO FIRE STATI 20215 STEVENS CREEK SE 1/4 - 1/2 (0.415 mi.) R89 464 Cleanup Status: COMPLETED - CASE CLOSED
HALLER LUMBER 20195 STEVENS CREEK SE 1/4 - 1/2 (0.455 mi.) T97 479 Cleanup Status: COMPLETED - CASE CLOSED
CUPA Listings: A listing of sites included in the county’s Certified Unified Program Agency database.

California’s Secretary for Environmental Protection established the unified hazardous materials and hazardous waste regulatory program as required by chapter 6.11 of the California Health and Safety Code. The Unified Program consolidates the administration, permits, inspections, and enforcement activities.

A review of the CUPA Listings list, as provided by EDR, has revealed that there are 11 CUPA Listings sites within approximately 0.25 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE-LAZANEO 20605 LAZANEO DR S 0 - 1/8 (0.037 mi.) A9 43 Database: CUPA SANTA CLARA, Date of Government Version: 08/12/2024 BEN SHYY PHD DDS 10118 BANDLEY DR F S 1/8 - 1/4 (0.181 mi.) I53 283 Database: CUPA SANTA CLARA, Date of Government Version: 08/12/2024 CVS PHARMACY #16114 20745 STEVENS CREEK SSW 1/8 - 1/4 (0.235 mi.) J55 287 Database: CUPA SANTA CLARA, Date of Government Version: 08/12/2024 CVS PHARMACY #16114 20745 STEVENS CREEK SSW 1/8 - 1/4 (0.235 mi.) J56 287 Database: CUPA SANTA CLARA, Date of Government Version: 08/12/2024 QUALEX (INSIDE TARGE 20745 STEVENS CREEK SSW 1/8 - 1/4 (0.235 mi.) J58 302 Database: CUPA SANTA CLARA, Date of Government Version: 08/12/2024 402
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EXECUTIVE SUMMARY
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Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ HENRY’S 76 #255428 10490 DE ANZA BL NE 0 - 1/8 (0.090 mi.) C15 106 Database: CUPA SANTA CLARA, Date of Government Version: 08/12/2024 APPLE INC 10201 N DE ANZA BLVD SSE 0 - 1/8 (0.091 mi.) D20 120 Database: CUPA SANTA CLARA, Date of Government Version: 08/12/2024 APPLE-BANDLEY 5 10475 BANDLEY DR NNW 0 - 1/8 (0.092 mi.) E22 145 Database: CUPA SANTA CLARA, Date of Government Version: 08/12/2024 APPLE-DE ANZA 3 10500 N DE ANZA BL 3 NE 0 - 1/8 (0.101 mi.) C28 164 Database: CUPA SANTA CLARA, Date of Government Version: 08/12/2024 CUPERTINO SERVICE 10212 N DE ANZA BL SE 0 - 1/8 (0.103 mi.) D32 186 Database: CUPA SANTA CLARA, Date of Government Version: 08/12/2024 APPLE-MARIANI 1 20525 MARIANI AV N 1/8 - 1/4 (0.170 mi.) H48 270 Database: CUPA SANTA CLARA, Date of Government Version: 08/12/2024 HIST CORTESE: The sites for the list are designated by the State Water Resource Control Board [LUST], the Integrated Waste Board [SWF/LS], and the Department of Toxic Substances Control [CALSITES]. This listing is no longer updated by the state agency.

A review of the HIST CORTESE list, as provided by EDR, and dated 04/01/2001 has revealed that there are 12 HIST CORTESE sites within approximately 0.5 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ UNOCAL STATION #7000 20755 STEVENS CREEK SSW 1/4 - 1/2 (0.303 mi.) N77 400 Reg Id: 43-0444
ANDERSON OF CUPERTIN 20955 STEVENS CREEK SW 1/4 - 1/2 (0.421 mi.) S94 473 Reg Id: 43-2307
ARCO 21000 STEVENS CREEK SW 1/4 - 1/2 (0.489 mi.) U102 504 Reg Id: 43-0100
Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ CUPERTINO NURSERY 10431 N DE ANZA BLVD NNE 0 - 1/8 (0.097 mi.) C24 155 Reg Id: 43-0430
CUPERTINO CLEAN SCEN 10165 DE ANZA BLVD SSE 1/8 - 1/4 (0.131 mi.) D38 202 Reg Id: 43-2234
APPLE COMPUTER INC 10500 DE ANZA NE 1/8 - 1/4 (0.180 mi.) 51 280 Reg Id: 43-0079
CHEVRON 10023 DE ANZA S 1/4 - 1/2 (0.291 mi.) K71 369
Reg Id: 43-0270
ARCO 10625 DE ANZA NNE 1/4 - 1/2 (0.294 mi.) L75 399
Reg Id: 43-0087
TEXACO 10002 DE ANZA BLVD SSE 1/4 - 1/2 (0.311 mi.) K80 409 Reg Id: 43-1443
DRYCLEAN-PRO 20379 STEVENS CREEK SE 1/4 - 1/2 (0.341 mi.) P83 443 Reg Id: 3049
CUPERTINO CITY CENTE 20430 STEVENS CREEK SSE 1/4 - 1/2 (0.357 mi.) P84 449 Reg Id: 43-0428
HALLER LUMBER 20195 STEVENS CREEK SE 1/4 - 1/2 (0.455 mi.) T97 479 403
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EXECUTIVE SUMMARY
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Reg Id: 43-0674
HWP: Detailed information on permitted hazardous waste facilities and corrective action ("cleanups") tracked in EnviroStor.

A review of the HWP list, as provided by EDR, and dated 08/12/2024 has revealed that there is 1 HWP site within approximately 1 mile of the target property.

Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ FOUR-PHASE SYSTEMS I 10700 N DE ANZA BLVD NNE 1/4 - 1/2 (0.282 mi.) L67 359 EPA ID: CAD990794158
Cleanup Status: CLOSED
HWTS: DTSC maintains the Hazardous Waste Tracking System that stores ID number information since the early 1980s and manifest data since 1993. The system collects both manifest copies from the generator and destination facility.

A review of the HWTS list, as provided by EDR, and dated 07/19/2024 has revealed that there is 1 HWTS site within approximately 0.001 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE COMPUTER 10260 BANDLEY DR 0 - 1/8 (0.000 mi.) A2 12 HAZNET: The data is extracted from the copies of hazardous waste manifests received each year by the DTSC. The annual volume of manifests is typically 700,000-1,000,000 annually, representing approximately 350,000-500,000 shipments. Data from non-California manifests & continuation sheets are not included at the present time. Data are from the manifests submitted without correction, and therefore many contain some invalid values for data elements such as generator ID, TSD ID, waste category, & disposal method. The source is the Department of Toxic Substance Control is the agency. This database begins with calendar year 1993.

A review of the HAZNET list, as provided by EDR, and dated 12/31/2023 has revealed that there is 1 HAZNET site within approximately 0.001 miles of the target property.

Equal/Higher Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ APPLE COMPUTER 10260 BANDLEY DR 0 - 1/8 (0.000 mi.) A2 12 GEPAID: CAC000889376
Notify 65: Listings of all Proposition 65 incidents reported to counties by the State Water Resources Control Board and the Regional Water Quality Control Board. This database is no longer updated by the reporting agency.

A review of the Notify 65 list, as provided by EDR, and dated 09/05/2024 has revealed that there is 1 Notify 65 site within approximately 1 mile of the target property.

Lower Elevation Address Direction / Distance Map ID Page ____________________ ________ ___________________ _____ _____ SHELL 19990 STEVENS CREEK ESE 1/2 - 1 (0.655 mi.) 105 508 404
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EXECUTIVE SUMMARY
TC7880943.2s EXECUTIVE SUMMARY 25
Due to poor or inadequate address information, the following sites were not mapped. Count: 1 records.

Site Name Database(s)
____________ ____________

FRANCISCO A SERRANO LUST, HIST LUST, HIST UST,
Cortese
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EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc. 70-138 kV
Natu
2 0 0
2 0 0
2 0 0
2 4 0 2 4 0
2 4 0
2 8 0
2 8 0
3 2 0
406
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EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc. 407
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MAP FINDINGS SUMMARY
Search
Distance Target Total
Database Property (Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

STANDARD ENVIRONMENTAL RECORDS
Lists of Federal NPL (Superfund) sites
NPL 1.000 0 0 0 0 NR 0
Proposed NPL 1.000 0 0 0 0 NR 0
NPL LIENS 1.000 0 0 0 0 NR 0
Lists of Federal Delisted NPL sites
Delisted NPL 1.000 0 0 0 0 NR 0
Lists of Federal sites subject to
CERCLA removals and CERCLA orders
FEDERAL FACILITY 0.500 0 0 0 NR NR 0
SEMS 0.500 0 0 1 NR NR 1
Lists of Federal CERCLA sites with NFRAP
SEMS-ARCHIVE 0.500 0 0 1 NR NR 1
Lists of Federal RCRA facilities
undergoing Corrective Action
CORRACTS 1.000 0 0 1 0 NR 1
Lists of Federal RCRA TSD facilities
RCRA-TSDF 0.500 0 0 1 NR NR 1
Lists of Federal RCRA generators
RCRA-LQG 0.250 0 1 NR NR NR 1
RCRA-SQG 0.250 2 1 NR NR NR 3
RCRA-VSQG 0.250 0 0 NR NR NR 0
Federal institutional controls /
engineering controls registries
LUCIS 0.500 0 0 0 NR NR 0
US ENG CONTROLS 0.500 0 0 0 NR NR 0
US INST CONTROLS 0.500 0 0 0 NR NR 0
Federal ERNS list
ERNS 0.001 0 NR NR NR NR 0
Lists of state- and tribal
(Superfund) equivalent sites
RESPONSE 1.000 0 0 0 0 NR 0
Lists of state- and tribal
hazardous waste facilities
ENVIROSTOR 1.000 0 0 2 0 NR 2
Lists of state and tribal landfills
and solid waste disposal facilities
SWF/LF 0.500 0 0 0 NR NR 0
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MAP FINDINGS SUMMARY
Search
Distance Target Total
Database Property (Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted Lists of state and tribal leaking storage tanks
LUST 0.500 3 1 19 NR NR 23
INDIAN LUST 0.500 0 0 0 NR NR 0
CPS-SLIC 0.500 0 0 4 NR NR 4
HIST LUST 0.500 2 1 12 NR NR 15
Lists of state and tribal registered storage tanks
FEMA UST 0.250 0 0 NR NR NR 0
UST 0.250 0 1 NR NR NR 1
AST 0.250 0 0 NR NR NR 0
INDIAN UST 0.250 0 0 NR NR NR 0
Lists of state and tribal voluntary cleanup sites
INDIAN VCP 0.500 0 0 0 NR NR 0
VCP 0.500 0 0 0 NR NR 0
Lists of state and tribal brownfield sites
BROWNFIELDS 0.500 0 0 1 NR NR 1

ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS 0.500 0 0 0 NR NR 0
Local Lists of Landfill / Solid
Waste Disposal Sites
WMUDS/SWAT 0.500 0 0 0 NR NR 0
SWRCY 0.500 0 0 0 NR NR 0
HAULERS 0.001 0 NR NR NR NR 0
INDIAN ODI 0.500 0 0 0 NR NR 0
ODI 0.500 0 0 0 NR NR 0
DEBRIS REGION 9 0.500 0 0 0 NR NR 0
IHS OPEN DUMPS 0.500 0 0 0 NR NR 0
Local Lists of Hazardous waste /
Contaminated Sites
US HIST CDL 0.001 0 NR NR NR NR 0
HIST Cal-Sites 1.000 0 0 0 0 NR 0
SCH 0.250 0 0 NR NR NR 0
CDL 0.001 0 NR NR NR NR 0
CERS HAZ WASTE 0.250 4 2 NR NR NR 6
Toxic Pits 1.000 0 0 0 0 NR 0
US CDL 0.001 0 NR NR NR NR 0
Local Lists of Registered Storage Tanks
SWEEPS UST 0.250 1 1 NR NR NR 2
HIST UST 0.250 1 2 NR NR NR 3
CA FID UST 0.250 1 1 NR NR NR 2
CERS TANKS 0.250 0 0 NR NR NR 0
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MAP FINDINGS SUMMARY
Search
Distance Target Total
Database Property (Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted Local Land Records
LIENS 0.001 0 NR NR NR NR 0
LIENS 2 0.001 0 NR NR NR NR 0
DEED 0.500 0 0 0 NR NR 0
Records of Emergency Release Reports
HMIRS 0.001 0 NR NR NR NR 0
CHMIRS 0.001 0 NR NR NR NR 0
LDS 0.001 0 NR NR NR NR 0
MCS 0.001 0 NR NR NR NR 0
SPILLS 90 0.001 0 NR NR NR NR 0
Other Ascertainable Records
RCRA NonGen / NLR 0.250 19 15 NR NR NR 34
FUDS 1.000 0 0 0 0 NR 0
DOD 1.000 0 0 0 0 NR 0
SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0
US FIN ASSUR 0.001 0 NR NR NR NR 0
EPA WATCH LIST 0.001 0 NR NR NR NR 0
2020 COR ACTION 0.250 0 0 NR NR NR 0
TSCA 0.001 0 NR NR NR NR 0
TRIS 0.001 0 NR NR NR NR 0
SSTS 0.001 0 NR NR NR NR 0
ROD 1.000 0 0 0 0 NR 0
RMP 0.001 0 NR NR NR NR 0
RAATS 0.001 0 NR NR NR NR 0
PRP 0.001 0 NR NR NR NR 0
PADS 0.001 0 NR NR NR NR 0
ICIS 0.001 0 NR NR NR NR 0
FTTS 0.001 0 NR NR NR NR 0
MLTS 0.001 0 NR NR NR NR 0
COAL ASH DOE 0.001 0 NR NR NR NR 0
COAL ASH EPA 0.500 0 0 0 NR NR 0
PCB TRANSFORMER 0.001 0 NR NR NR NR 0
RADINFO 0.001 0 NR NR NR NR 0
HIST FTTS 0.001 0 NR NR NR NR 0
DOT OPS 0.001 0 NR NR NR NR 0
CONSENT 1.000 0 0 0 0 NR 0
INDIAN RESERV 1.000 0 0 0 0 NR 0
FUSRAP 1.000 0 0 0 0 NR 0
UMTRA 0.500 0 0 0 NR NR 0
LEAD SMELTERS 0.001 0 NR NR NR NR 0
US AIRS 0.001 0 NR NR NR NR 0
US MINES 0.250 0 0 NR NR NR 0
ABANDONED MINES 0.250 0 0 NR NR NR 0
MINES MRDS 0.250 0 0 NR NR NR 0
FINDS 0.001 1 NR NR NR NR 1
DOCKET HWC 0.001 0 NR NR NR NR 0
UXO 1.000 0 0 0 0 NR 0
ECHO 0.001 1 NR NR NR NR 1
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MAP FINDINGS SUMMARY
Search
Distance Target Total
Database Property (Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted FUELS PROGRAM 0.250 0 0 NR NR NR 0
PFAS NPL 0.250 0 0 NR NR NR 0
PFAS FEDERAL SITES 0.250 0 0 NR NR NR 0
PFAS TRIS 0.250 0 0 NR NR NR 0
PFAS TSCA 0.250 0 0 NR NR NR 0
PFAS RCRA MANIFEST 0.250 0 0 NR NR NR 0
PFAS ATSDR 0.250 0 0 NR NR NR 0
PFAS WQP 0.250 0 0 NR NR NR 0
PFAS PROJECT 0.250 0 0 NR NR NR 0
PFAS NPDES 0.250 0 0 NR NR NR 0
PFAS ECHO 0.250 0 0 NR NR NR 0
PFAS ECHO FIRE TRAIN 0.250 0 0 NR NR NR 0
PFAS PT 139 AIRPORT 0.250 0 0 NR NR NR 0
AQUEOUS FOAM NRC 0.250 0 0 NR NR NR 0
BIOSOLIDS 0.001 0 NR NR NR NR 0
UST FINDER RELEASE 0.500 2 1 10 NR NR 13
UST FINDER 0.250 0 0 NR NR NR 0
E MANIFEST 0.250 9 12 NR NR NR 21
PFAS 0.250 0 0 NR NR NR 0
AQUEOUS FOAM 0.250 0 0 NR NR NR 0
CA BOND EXP. PLAN 1.000 0 0 0 0 NR 0
CHROME PLATING 0.500 0 0 0 NR NR 0
Cortese 0.500 2 1 11 NR NR 14
CUPA Listings 0.250 6 5 NR NR NR 11
DRYCLEANERS 0.250 0 0 NR NR NR 0
EMI 0.001 0 NR NR NR NR 0
ENF 0.001 0 NR NR NR NR 0
Financial Assurance 0.001 0 NR NR NR NR 0
ICE 0.001 0 NR NR NR NR 0
HIST CORTESE 0.500 1 2 9 NR NR 12
HWP 1.000 0 0 1 0 NR 1
HWT 0.250 0 0 NR NR NR 0
HWTS 0.001 1 NR NR NR NR 1
HAZNET 0.001 1 NR NR NR NR 1
MINES 0.250 0 0 NR NR NR 0
MWMP 0.250 0 0 NR NR NR 0
NPDES 0.001 0 NR NR NR NR 0
PEST LIC 0.001 0 NR NR NR NR 0
PROC 0.500 0 0 0 NR NR 0
Notify 65 1.000 0 0 0 1 NR 1
HAZMAT 0.250 0 0 NR NR NR 0
UIC 0.001 0 NR NR NR NR 0
UIC GEO 0.001 0 NR NR NR NR 0
WASTEWATER PITS 0.500 0 0 0 NR NR 0
WDS 0.001 0 NR NR NR NR 0
WIP 0.250 0 0 NR NR NR 0
MILITARY PRIV SITES 0.001 0 NR NR NR NR 0
PROJECT 0.001 0 NR NR NR NR 0
WDR 0.001 0 NR NR NR NR 0
CIWQS 0.001 0 NR NR NR NR 0
CERS 0.001 0 NR NR NR NR 0
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MAP FINDINGS SUMMARY
Search
Distance Target Total
Database Property (Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted NON-CASE INFO 0.001 0 NR NR NR NR 0
OTHER OIL GAS 0.001 0 NR NR NR NR 0
PROD WATER PONDS 0.001 0 NR NR NR NR 0
SAMPLING POINT 0.001 0 NR NR NR NR 0
WELL STIM PROJ 0.001 0 NR NR NR NR 0

EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP 1.000 0 0 0 0 NR 0
EDR Hist Auto 0.125 0 NR NR NR NR 0
EDR Hist Cleaner 0.125 0 NR NR NR NR 0

EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA LF 0.001 0 NR NR NR NR 0
RGA LUST 0.001 0 NR NR NR NR 0
- Totals -- 0 57 47 73 1 0 178
NOTES:

TP = Target Property
NR = Not Requested at this Search Distance
Sites may be listed in more than one database
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Map ID MAP FINDINGS
Direction
Distance EDR ID Number
Elevation Site Database(s) EPA ID Number
Contact: Not reported
Mailing City,St,Zip: CUPERTINO 95014
Mailing Address 2: Not reported
Mailing Address: 10260 BUBB RD
Mail To: Not reported
Facility Phone: 4089743410
SIC Code: Not reported
Cortese Code: Not reported
Regulated ID: CAD981386
Regulated By: UTNKA
Facility ID: 43004927
CA FID UST:

Number Of Tanks: 1
Content: DIESEL
STG: P
Tank Use: M.V. FUEL
Active Date: 08-06-90
Capacity: 1000
Tank Status: A
SWRCB Tank Id: 43-012-093485-000001
Owner Tank Id: 1
Created Date: 03-08-94
Action Date: 03-08-94
Referral Date: 08-07-90
Board Of Equalization: Not reported
Number: 1
Comp Number: 93485
Status: Active
City: CUPERTINO
Address: 10260 BANDLEY DR
Name: APPLE COMPUTER, INC.

Number Of Tanks: 1
Content: DIESEL
STG: P
Tank Use: M.V. FUEL
Active Date: 09-20-90
Capacity: 1000
Tank Status: A
SWRCB Tank Id: 43-000-000612-000001
Owner Tank Id: Not reported
Created Date: 09-20-90
Action Date: 09-20-90
Referral Date: 09-20-90
Board Of Equalization: Not reported
Number: 1
Comp Number: 612
Status: Active
City: CUPERTINO
Address: 10260 BANDLEY DR
Name: APPLE COMPUTER BANDLEY INC
SWEEPS UST:

Site 1 of 9 in cluster A ECHO
1 ft. FINDS
Relative:

Higher
Actual:
242 ft.
< 1/8 CUPERTINO, CA 95014 RCRA NonGen / NLR
10260 BANDLEY DR CA FID UST CAD981386667
A1 APPLE COMPUTER SWEEPS UST 1000279126
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Non-TSDFs Where RCRA CA has Been Imposed Universe: No
Subject to Corrective Action Universe: No
202 GPRA Corrective Action Baseline: No
2018 GPRA Renewals Baseline: Not on the Baseline
2018 GPRA Permit Baseline: Not on the Baseline
Sub-Part K Indicator: Not reported
Hazardous Secondary Material Indicator: N
Federal Facility Indicator: Not reported
Active Site State-Reg Handler: ---
Federal Universal Waste: No
Universal Waste Destination Facility: No
Universal Waste Indicator: No
Off-Site Waste Receipt: No
Underground Injection Control: No
Smelting Melting and Refining Furnace Exemption: No
Small Quantity On-Site Burner Exemption: No
Recycler Activity with Storage: No
Transfer Facility Activity: No
Transporter Activity: No
Mixed Waste Generator: No
Importer Activity: No
Short-Term Generator Activity: No
Operator Type: Private
Operator Name: Not Required
Owner Type: Private
Owner Name: Apple Computer Inc
Mailing City,State,Zip: CUPERTINO, CA 95014
Mailing Address: STEVENS CREEK 76 EHS
State District: 2
State District Owner: Ca
Active Site Indicator: Not reported
Accessibility: Not reported
Biennial Report Cycle: Not reported
Non-Notifier: Not reported
Federal Waste Generator Description: Not a generator, verified Land Type: Private
EPA Region: 09
Contact Title: Not reported
Contact Email: Not reported
Contact Fax: Not reported
Contact Telephone: 408-973-6959
Contact City,State,Zip: CUPERTINO, CA 95014
Contact Address: 20450 STEVENS CREEK 76 EHS
Contact Name: VICTORIA WELLS
EPA ID: CAD981386667
Handler City,State,Zip: CUPERTINO, CA 95014
Handler Address: Bandley Dr
Handler Name: Apple Computer
Date Form Received by Agency: 19950111
RCRA Listings:

Status: Active
Comments: Not reported
EPA ID: Not reported
NPDES Number: Not reported
DUNs Number: Not reported
Contact Phone: Not reported
APPLE COMPUTER (Continued) 1000279126
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Current Record: Yes
Spent Lead Acid Battery Exporter: No
Spent Lead Acid Battery Importer: No
Recognized Trader Exporter: No
Recognized Trader Importer: No
Large Quantity Handler of Universal Waste: No
State District Owner: Ca
Federal Waste Generator Description: Not a generator, verified Handler Name: APPLE COMPUTER
Receive Date: 19950111
Historic Generators:

Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 415-555-1212
Owner/Operator City,State,Zip: NOT REQUIRED, ME 99999
Owner/Operator Address: NOT REQUIRED
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Private
Owner/Operator Name: NOT REQUIRED
Owner/Operator Indicator: Operator
Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 408-555-1212
Owner/Operator City,State,Zip: CUPERTINO, CA 95014
Owner/Operator Address: 20525 MARIANI AVE
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Private
Owner/Operator Name: APPLE COMPUTER INC
Owner/Operator Indicator: Owner
Handler - Owner Operator:

Sub-Part P Indicator: No
Manifest Broker: No
Recycler Activity Without Storage: No
Exporter of Spent Lead Acid Batteries: No
Importer of Spent Lead Acid Batteries: No
Recognized Trader-Exporter: No
Recognized Trader-Importer: No
Handler Date of Last Change: 20000915
Financial Assurance Required: Not reported
Significant Non-Complier With a Compliance Schedule Universe: No Addressed Significant Non-Complier Universe: No
Unaddressed Significant Non-Complier Universe: No
Significant Non-Complier Universe: No
Groundwater Controls Indicator: N/A
Human Exposure Controls Indicator: N/A
Institutional Control Indicator: No
Environmental Control Indicator: No
Corrective Action Priority Ranking: No NCAPS ranking
APPLE COMPUTER (Continued) 1000279126
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City,State,Zip: CUPERTINO, CA 95014
Address: 10260 BANDLEY DR
Name: APPLE COMPUTER
DFR URL:

Registry ID: 110002689573
Envid: 1000279126
ECHO:
additional FINDS: detail in the EDR Site Report.

Click this hyperlink while viewing on your computer to access storers, and disposers of hazardous waste.
types of information about generators, transporters, treaters, Hazardous and Solid Waste Amendments (HSWA) of 1984. It tracks many Resource Conservation and Recovery Act (RCRA) of 1976 and the (RCRAInfo) is EPA’s comprehensive information system in support of the The Resource Conservation and Recovery Act Information System Environmental Interest/Information System:

Click Here for FRS Facility Detail Report:

Registry ID: 110002689573
FINDS:

Evaluations: No Evaluations Found
Evaluation Action Summary:

Violations: No Violations Found
Facility Has Received Notices of Violations:

NAICS Codes: No NAICS Codes Found
List of NAICS Codes and Descriptions:

Electronic Manifest Broker: Not reported
Non Storage Recycler Activity: Not reported
APPLE COMPUTER (Continued) 1000279126
Mailing City,State,Zip: CUPERTINO, CA 950140000
Mailing Address 2: Not reported
Mailing Address: 20450 STEVENS CREEK BL 76-EHS
Mailing Name: Not reported
Last Act Date: Not reported
Create Date: 04/10/1987
Inactive Date: 01/01/1995
EPA ID: CAD981386667
City,State,Zip: CUPERTINO, CA 95014
Address 2: Not reported
Address: 10260 BANDLEY DR
Name: APPLE COMPUTER
HWTS:

Site 2 of 9 in cluster A
1 ft.

Relative:

Higher
Actual:
242 ft.
< 1/8 CUPERTINO, CA 95014
10260 BANDLEY DR HAZNET N/A
A2 APPLE COMPUTER HWTS S112850351
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Mailing Address: 20450 STEPHENS CRK BLVD
Mailing Name: Not reported
Telephone: 4089742299
Contact: VICTORIA WELLS-ENVIRO SPEC
City,State,Zip: CUPERTINO, CA 950140000
Address 2: Not reported
Address: 10260 BANDLEY DR
Name: APPLE COMPUTER
HAZNET:

Longitude: -122.034363
Latitude: 37.326383
Category: STATE
Facility Type: TEMPORARY
Facility Status: Inactive
Contact Fax: Not reported
Contact Phone: Not reported
City,State,Zip: CUPERTINO, CA 950140000
Contact Address 2: Not reported
Contact Address: 20450 STEPHENS CRK BLVD
Contact Name: VICTORIA WELLS-ENVIRO SPEC
Owner Fax: Not reported
Owner Phone: Not reported
Owner City,State,Zip: CUPERTINO, CA 950140000
Owner Address 2: Not reported
Owner Address: 20450 STEPHENS CRK BLVD
Owner Name: APPLE COMPUTER INC
Mailing City,State,Zip: CUPERTINO, CA 950140000
Mailing Address 2: Not reported
Mailing Address: 20450 STEPHENS CRK BLVD
Mailing Name: Not reported
Last Act Date: Not reported
Create Date: 03/03/1995
Inactive Date: 10/25/2000
EPA ID: CAC000889376
City,State,Zip: CUPERTINO, CA 95014
Address 2: Not reported
Address: 10260 BANDLEY DR
Name: APPLE COMPUTER
Longitude: -122.034703
Latitude: 37.326156
Category: FEDERAL
Facility Type: PERMANENT
Facility Status: Inactive
Contact Fax: Not reported
Contact Phone: Not reported
City,State,Zip: Not reported
Contact Address 2: Not reported
Contact Address: Not reported
Contact Name: INACT PER SURVEY 1/3L/95 CM
Owner Fax: Not reported
Owner Phone: Not reported
Owner City,State,Zip: Not reported
Owner Address 2: Not reported
Owner Address: Not reported
Owner Name: Not reported
APPLE COMPUTER (Continued) S112850351
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Trans 2 EPA ID: Not reported
Trans Name: Not reported
Trans EPA ID: CAD004771168
Manifest ID: 93620314
Receipt Date: 19950406
Creation Date: 10/23/1995 0:00:00
Shipment Date: 19950406
Additional Code 5: Not reported
Additional Code 4: Not reported
Additional Code 3: Not reported
Additional Code 2: Not reported
Additional Code 1: Not reported
Quantity Unit: P
Waste Quantity: 1000
Quantity Tons: 0.5
Meth Code: R01 - Recycler
RCRA Code: Not reported
Waste Code Description: 512 - Other empty containers 30 gallons or more TSDF Alt Name: Not reported
TSDF Alt EPA ID: Not reported
Trans Name: Not reported
TSDF EPA ID: CAD004771168
Trans 2 Name: Not reported
Trans 2 EPA ID: Not reported
Trans Name: Not reported
Trans EPA ID: CAD004771168
Manifest ID: 93620314
Receipt Date: 19950406
Creation Date: 10/23/1995 0:00:00
Shipment Date: 19950406
Gen EPA ID: CAC000889376
Year: 1995
Additional Information:

Tons: 0.5
Disposal Method: R01 - Recycler
CA Waste Code: 512 - Other empty containers 30 gallons or more TSD EPA ID: CAD004771168
Gepaid: CAC000889376
Year: 1995
Tons: 0.25
Disposal Method: -
CA Waste Code: 513 - Empty containers less than 30 gallons TSD EPA ID: CAD004771168
Gepaid: CAC000889376
Year: 1995
Tons: 2.085
Disposal Method: R01 - Recycler
CA Waste Code: 223 - Unspecified oil-containing waste
TSD EPA ID: CAD083166728
Gepaid: CAC000889376
Year: 1995
APPLE COMPUTER (Continued) S112850351
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Additional Code 5: Not reported
Additional Code 4: Not reported
Additional Code 3: Not reported
Additional Code 2: Not reported
Additional Code 1: Not reported
Quantity Unit: G
Waste Quantity: 500
Quantity Tons: 2.085
Meth Code: R01 - Recycler
RCRA Code: Not reported
Waste Code Description: 223 - Unspecified oil-containing waste TSDF Alt Name: Not reported
TSDF Alt EPA ID: Not reported
Trans Name: Not reported
TSDF EPA ID: CAD083166728
Trans 2 Name: Not reported
Trans 2 EPA ID: Not reported
Trans Name: Not reported
Trans EPA ID: CAD004771168
Manifest ID: 93620298
Receipt Date: 19950405
Creation Date: 10/23/1995 0:00:00
Shipment Date: 19950404
Additional Code 5: Not reported
Additional Code 4: Not reported
Additional Code 3: Not reported
Additional Code 2: Not reported
Additional Code 1: Not reported
Quantity Unit: P
Waste Quantity: 500
Quantity Tons: 0.25
Meth Code: - Not reported
RCRA Code: Not reported
Waste Code Description: 513 - Empty containers less than 30 gallons TSDF Alt Name: Not reported
TSDF Alt EPA ID: Not reported
Trans Name: Not reported
TSDF EPA ID: CAD004771168
Trans 2 Name: Not reported
APPLE COMPUTER (Continued) S112850351
Contact Fax: Not reported
Contact Telephone: 408-973-6959
Contact City,State,Zip: CUPERTINO, CA 95014
Contact Address: 10275 N DE ANZA BLVD
Contact Name: VICTORIA WELLS
EPA ID: CAD981386543
Handler City,State,Zip: CUPERTINO, CA 95014
Handler Address: 10275 N De Anza Blvd
Handler Name: Apple Computer
Date Form Received by Agency: 19941206
RCRA Listings:
161 ft.

0.030 mi.

Relative:

Lower
Actual:
237 ft.
< 1/8 CUPERTINO, CA 95014 ECHO
SE 10275 N DE ANZA BLVD FINDS CAD981386543
3 APPLE COMPUTER RCRA NonGen / NLR 1000279124
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Sub-Part P Indicator: No
Manifest Broker: No
Recycler Activity Without Storage: No
Exporter of Spent Lead Acid Batteries: No
Importer of Spent Lead Acid Batteries: No
Recognized Trader-Exporter: No
Recognized Trader-Importer: No
Handler Date of Last Change: 20020627
Financial Assurance Required: Not reported
Significant Non-Complier With a Compliance Schedule Universe: No Addressed Significant Non-Complier Universe: No
Unaddressed Significant Non-Complier Universe: No
Significant Non-Complier Universe: No
Groundwater Controls Indicator: N/A
Human Exposure Controls Indicator: N/A
Institutional Control Indicator: No
Environmental Control Indicator: No
Corrective Action Priority Ranking: No NCAPS ranking
Non-TSDFs Where RCRA CA has Been Imposed Universe: No
Subject to Corrective Action Universe: No
202 GPRA Corrective Action Baseline: No
2018 GPRA Renewals Baseline: Not on the Baseline
2018 GPRA Permit Baseline: Not on the Baseline
Sub-Part K Indicator: Not reported
Hazardous Secondary Material Indicator: N
Federal Facility Indicator: Not reported
Active Site State-Reg Handler: ---
Federal Universal Waste: No
Universal Waste Destination Facility: No
Universal Waste Indicator: No
Off-Site Waste Receipt: No
Underground Injection Control: No
Smelting Melting and Refining Furnace Exemption: No
Small Quantity On-Site Burner Exemption: No
Recycler Activity with Storage: No
Transfer Facility Activity: No
Transporter Activity: No
Mixed Waste Generator: No
Importer Activity: No
Short-Term Generator Activity: No
Operator Type: Private
Operator Name: Not Required
Owner Type: Private
Owner Name: Apple Computer Inc
Mailing City,State,Zip: CUPERTINO, CA 95014
Mailing Address: 20450 STEVENS CREEK BLVD
State District: 2
State District Owner: Ca
Active Site Indicator: Not reported
Accessibility: Not reported
Biennial Report Cycle: Not reported
Non-Notifier: Not reported
Federal Waste Generator Description: Not a generator, verified Land Type: Private
EPA Region: 09
Contact Title: Not reported
Contact Email: Not reported
APPLE COMPUTER (Continued) 1000279124
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Click Here for FRS Facility Detail Report:

Registry ID: 110002689537
FINDS:

Evaluations: No Evaluations Found
Evaluation Action Summary:

Violations: No Violations Found
Facility Has Received Notices of Violations:

NAICS Codes: No NAICS Codes Found
List of NAICS Codes and Descriptions:

Electronic Manifest Broker: Not reported
Non Storage Recycler Activity: Not reported
Current Record: Yes
Spent Lead Acid Battery Exporter: No
Spent Lead Acid Battery Importer: No
Recognized Trader Exporter: No
Recognized Trader Importer: No
Large Quantity Handler of Universal Waste: No
State District Owner: Ca
Federal Waste Generator Description: Not a generator, verified Handler Name: APPLE COMPUTER
Receive Date: 19941206
Historic Generators:

Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 415-555-1212
Owner/Operator City,State,Zip: NOT REQUIRED, ME 99999
Owner/Operator Address: NOT REQUIRED
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Private
Owner/Operator Name: NOT REQUIRED
Owner/Operator Indicator: Operator
Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 408-555-1212
Owner/Operator City,State,Zip: CUPERTINO, CA 95014
Owner/Operator Address: 20450 STEVENS CREEK BLVD
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Private
Owner/Operator Name: APPLE COMPUTER INC
Owner/Operator Indicator: Owner
Handler - Owner Operator:

APPLE COMPUTER (Continued) 1000279124
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City,State,Zip: CUPERTINO, CA 95014
Address: 10275 N DE ANZA BLVD
Name: APPLE COMPUTER
DFR URL:

Registry ID: 110002689537
Envid: 1000279124
ECHO:
additional FINDS: detail in the EDR Site Report.

Click this hyperlink while viewing on your computer to access storers, and disposers of hazardous waste.
types of information about generators, transporters, treaters, Hazardous and Solid Waste Amendments (HSWA) of 1984. It tracks many Resource Conservation and Recovery Act (RCRA) of 1976 and the (RCRAInfo) is EPA’s comprehensive information system in support of the The Resource Conservation and Recovery Act Information System Environmental Interest/Information System:

APPLE COMPUTER (Continued) 1000279124
Transporter Activity: No
Mixed Waste Generator: No
Importer Activity: No
Short-Term Generator Activity: No
Operator Type: Other
Operator Name: Kevin Sung
Owner Type: Other
Owner Name: Apple Inc.

Mailing City,State,Zip: CUPERTINO, CA 95014
Mailing Address: ONE APPLE PARK WAY
State District: Not reported
State District Owner: Not reported
Active Site Indicator: Not reported
Accessibility: Not reported
Biennial Report Cycle: Not reported
Non-Notifier: Not reported
Federal Waste Generator Description: Not a generator, verified Land Type: Not reported
EPA Region: 09
Contact Title: Not reported
Contact Email: [email protected]
Contact Fax: Not reported
Contact Telephone: 408-908-0167
Contact City,State,Zip: CUPERTINO, CA 95014
Contact Address: ONE APPLE PARK WAY
Contact Name: KEVIN SUNG
EPA ID: CAC003031979
Handler City,State,Zip: CUPERTINO, CA 95014
Handler Address: 10460 Bandley Dr
Handler Name: Apple Inc.

Date Form Received by Agency: 20190830
RCRA Listings:
170 ft. Site 1 of 2 in cluster B

0.032 mi.

Relative:

Lower
Actual:
239 ft.
< 1/8 CUPERTINO, CA 95014
NNW 10460 BANDLEY DR CAC003031979
B4 APPLE INC. RCRA NonGen / NLR 1025851849
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Owner/Operator Address: ONE APPLE PARK WAY
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Other
Owner/Operator Name: APPLE INC.

Owner/Operator Indicator: Owner
Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 408-908-0167
Owner/Operator City,State,Zip: CUPERTINO, CA 95014
Owner/Operator Address: ONE APPLE PARK WAY
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Other
Owner/Operator Name: KEVIN SUNG
Owner/Operator Indicator: Operator
Handler - Owner Operator:

Sub-Part P Indicator: No
Manifest Broker: No
Recycler Activity Without Storage: No
Exporter of Spent Lead Acid Batteries: No
Importer of Spent Lead Acid Batteries: No
Recognized Trader-Exporter: No
Recognized Trader-Importer: No
Handler Date of Last Change: 20190910
Financial Assurance Required: Not reported
Significant Non-Complier With a Compliance Schedule Universe: No Addressed Significant Non-Complier Universe: No
Unaddressed Significant Non-Complier Universe: No
Significant Non-Complier Universe: No
Groundwater Controls Indicator: N/A
Human Exposure Controls Indicator: N/A
Institutional Control Indicator: No
Environmental Control Indicator: No
Corrective Action Priority Ranking: No NCAPS ranking
Non-TSDFs Where RCRA CA has Been Imposed Universe: No
Subject to Corrective Action Universe: No
202 GPRA Corrective Action Baseline: No
2018 GPRA Renewals Baseline: Not on the Baseline
2018 GPRA Permit Baseline: Not on the Baseline
Sub-Part K Indicator: Not reported
Hazardous Secondary Material Indicator: N
Federal Facility Indicator: Not reported
Active Site State-Reg Handler: ---
Federal Universal Waste: No
Universal Waste Destination Facility: No
Universal Waste Indicator: No
Off-Site Waste Receipt: No
Underground Injection Control: No
Smelting Melting and Refining Furnace Exemption: No
Small Quantity On-Site Burner Exemption: No
Recycler Activity with Storage: No
Transfer Facility Activity: No
APPLE INC. (Continued) 1025851849
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Evaluations: No Evaluations Found
Evaluation Action Summary:

Violations: No Violations Found
Facility Has Received Notices of Violations:

NAICS Description: ELECTRONIC COMPUTER MANUFACTURING
NAICS Code: 334111
List of NAICS Codes and Descriptions:

Electronic Manifest Broker: Not reported
Non Storage Recycler Activity: Not reported
Current Record: Yes
Spent Lead Acid Battery Exporter: No
Spent Lead Acid Battery Importer: No
Recognized Trader Exporter: No
Recognized Trader Importer: No
Large Quantity Handler of Universal Waste: No
State District Owner: Not reported
Federal Waste Generator Description: Not a generator, verified Handler Name: APPLE INC.

Receive Date: 20190830
Historic Generators:

Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 408-908-0167
Owner/Operator City,State,Zip: CUPERTINO, CA 95014
APPLE INC. (Continued) 1025851849
Accessibility: Not reported
Biennial Report Cycle: Not reported
Non-Notifier: Not reported
Federal Waste Generator Description: Not a generator, verified Land Type: Not reported
EPA Region: 09
Contact Title: Not reported
Contact Email: [email protected]
Contact Fax: Not reported
Contact Telephone: 408-908-0167
Contact City,State,Zip: CUPERTINO, CA 95014
Contact Address: 1 APPLE PARK WAY, MS 319-5EHS
Contact Name: KEVIN SUNG
EPA ID: CAC003147682
Handler City,State,Zip: CUPERTINO, CA 95014
Handler Address: 10460 Bandley Dr.

Handler Name: Apple Inc.

Date Form Received by Agency: 20211109
RCRA Listings:
170 ft. Site 2 of 2 in cluster B

0.032 mi.

Relative:

Lower
Actual:
239 ft.
< 1/8 CUPERTINO, CA 95014
NNW 10460 BANDLEY DR. CAC003147682
B5 APPLE INC. RCRA NonGen / NLR 1027075915
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Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Other
Owner/Operator Name: APPLE INC.

Owner/Operator Indicator: Owner
Handler - Owner Operator:

Sub-Part P Indicator: No
Manifest Broker: No
Recycler Activity Without Storage: No
Exporter of Spent Lead Acid Batteries: No
Importer of Spent Lead Acid Batteries: No
Recognized Trader-Exporter: No
Recognized Trader-Importer: No
Handler Date of Last Change: 20211109
Financial Assurance Required: Not reported
Significant Non-Complier With a Compliance Schedule Universe: No Addressed Significant Non-Complier Universe: No
Unaddressed Significant Non-Complier Universe: No
Significant Non-Complier Universe: No
Groundwater Controls Indicator: N/A
Human Exposure Controls Indicator: N/A
Institutional Control Indicator: No
Environmental Control Indicator: No
Corrective Action Priority Ranking: No NCAPS ranking
Non-TSDFs Where RCRA CA has Been Imposed Universe: No
Subject to Corrective Action Universe: No
202 GPRA Corrective Action Baseline: No
2018 GPRA Renewals Baseline: Not on the Baseline
2018 GPRA Permit Baseline: Not on the Baseline
Sub-Part K Indicator: Not reported
Hazardous Secondary Material Indicator: N
Federal Facility Indicator: Not reported
Active Site State-Reg Handler: ---
Federal Universal Waste: No
Universal Waste Destination Facility: No
Universal Waste Indicator: No
Off-Site Waste Receipt: No
Underground Injection Control: No
Smelting Melting and Refining Furnace Exemption: No
Small Quantity On-Site Burner Exemption: No
Recycler Activity with Storage: No
Transfer Facility Activity: No
Transporter Activity: No
Mixed Waste Generator: No
Importer Activity: No
Short-Term Generator Activity: No
Operator Type: Other
Operator Name: Kevin Sung
Owner Type: Other
Owner Name: Apple Inc.

Mailing City,State,Zip: CUPERTINO, CA 95014
Mailing Address: 1 APPLE PARK WAY, MS 319-5EHS
State District: Not reported
State District Owner: Not reported
Active Site Indicator: Not reported
APPLE INC. (Continued) 1027075915
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Evaluations: No Evaluations Found
Evaluation Action Summary:

Violations: No Violations Found
Facility Has Received Notices of Violations:

REPRODUCING
NAICS Description: SOFTWARE AND OTHER PRERECORDED COMPACT DISC, TAPE, AND RECORD NAICS Code: 334614
List of NAICS Codes and Descriptions:

Electronic Manifest Broker: No
Non Storage Recycler Activity: No
Current Record: Yes
Spent Lead Acid Battery Exporter: No
Spent Lead Acid Battery Importer: No
Recognized Trader Exporter: No
Recognized Trader Importer: No
Large Quantity Handler of Universal Waste: No
State District Owner: Not reported
Federal Waste Generator Description: Not a generator, verified Handler Name: APPLE INC.

Receive Date: 20211109
Historic Generators:

Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 408-908-0167
Owner/Operator City,State,Zip: CUPERTINO, CA 95014
Owner/Operator Address: 1 APPLE PARK WAY, MS 319-5EHS
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Other
Owner/Operator Name: KEVIN SUNG
Owner/Operator Indicator: Operator
Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 408-908-0167
Owner/Operator City,State,Zip: CUPERTINO, CA 95014
Owner/Operator Address: 1 APPLE PARK WAY, MS 319-5EHS
APPLE INC. (Continued) 1027075915
Handler City,State,Zip: CUPERTINO, CA 95014
Handler Address: Lazaneo Drive
Handler Name: Apple Inc (Lz01)
Date Form Received by Agency: 20240809
RCRA Listings:
193 ft. Site 3 of 9 in cluster A

0.037 mi. E MANIFEST
Relative:

Higher
Actual:
241 ft.
< 1/8 CUPERTINO, CA 95014 ECHO
South 20605 LAZANEO DRIVE FINDS CAD981386246
A6 APPLE INC RCRA-SQG 1000279119
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Recognized Trader-Importer: No
Handler Date of Last Change: 20240815
Financial Assurance Required: Not reported
Significant Non-Complier With a Compliance Schedule Universe: No Addressed Significant Non-Complier Universe: No
Unaddressed Significant Non-Complier Universe: No
Significant Non-Complier Universe: No
Groundwater Controls Indicator: N/A
Human Exposure Controls Indicator: N/A
Institutional Control Indicator: No
Environmental Control Indicator: No
Corrective Action Priority Ranking: No NCAPS ranking
Non-TSDFs Where RCRA CA has Been Imposed Universe: No
Subject to Corrective Action Universe: No
202 GPRA Corrective Action Baseline: No
2018 GPRA Renewals Baseline: Not on the Baseline
2018 GPRA Permit Baseline: Not on the Baseline
Sub-Part K Indicator: Not reported
Hazardous Secondary Material Indicator: N
Federal Facility Indicator: Not reported
Active Site State-Reg Handler: ---
Federal Universal Waste: No
Universal Waste Destination Facility: No
Universal Waste Indicator: No
Off-Site Waste Receipt: No
Underground Injection Control: No
Smelting Melting and Refining Furnace Exemption: No
Small Quantity On-Site Burner Exemption: No
Recycler Activity with Storage: No
Transfer Facility Activity: No
Transporter Activity: No
Mixed Waste Generator: No
Importer Activity: No
Short-Term Generator Activity: No
Operator Type: Private
Operator Name: Apple Inc
Owner Type: Private
Owner Name: Apple Inc
Mailing City,State,Zip: CUPERTINO, CA 95014
Mailing Address: APPLE PARK WAY
State District: 2
State District Owner: Ca
Active Site Indicator: Handler Activities
Accessibility: Not reported
Biennial Report Cycle: Not reported
Non-Notifier: Not reported
Federal Waste Generator Description: Small Quantity Generator Land Type: Private
EPA Region: 09
Contact Title: Not reported
Contact Email: [email protected]
Contact Fax: Not reported
Contact Telephone: 408-300-8995
Contact City,State,Zip: CUPERTINO, CA 95014
Contact Address: APPLE PARK WAY
Contact Name: STEPHEN KELLY
EPA ID: CAD981386246
APPLE INC (Continued) 1000279119
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Date Became Current: 20100701
Legal Status: Private
Owner/Operator Name: APPLE INC
Owner/Operator Indicator: Operator
Owner/Operator Email: [email protected]
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 503-789-8763
Owner/Operator City,State,Zip: BEND, OR 97707
Owner/Operator Address: PO BOX 4779
Date Ended Current: Not reported
Date Became Current: 20080404
Legal Status: Private
Owner/Operator Name: BOYER FAMILY PARTNERSHIP I LP
Owner/Operator Indicator: Owner
Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 415-555-1212
Owner/Operator City,State,Zip: NOT REQUIRED, ME 99999
Owner/Operator Address: NOT REQUIRED
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Private
Owner/Operator Name: NOT REQUIRED
Owner/Operator Indicator: Operator
Handler - Owner Operator:

Waste Description: Methyl Ethyl Ketone
Waste Code: D035
Waste Description: Mercury
Waste Code: D009
Waste Description: Lead
Waste Code: D008
Waste Description: Chromium
Waste Code: D007
Waste Description: Corrosive Waste
Waste Code: D002
Waste Description: Ignitable Waste
Waste Code: D001
Hazardous Waste Summary:

Sub-Part P Indicator: No
Manifest Broker: No
Recycler Activity Without Storage: No
Exporter of Spent Lead Acid Batteries: No
Importer of Spent Lead Acid Batteries: No
Recognized Trader-Exporter: No
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Owner/Operator Indicator: Owner
Owner/Operator Email: [email protected]
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 503-789-8763
Owner/Operator City,State,Zip: BEND, OR 97707
Owner/Operator Address: PO BOX 4779
Date Ended Current: Not reported
Date Became Current: 20080404
Legal Status: Private
Owner/Operator Name: BOYER FAMILY PARTNERSHIP I LP
Owner/Operator Indicator: Owner
Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 408-555-1212
Owner/Operator City,State,Zip: CUPERTINO, CA 95014
Owner/Operator Address: 20525 MARIANI AVE
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Private
Owner/Operator Name: APPLE COMPUTER INC
Owner/Operator Indicator: Owner
Owner/Operator Email: [email protected]
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 408-996-1010
Owner/Operator City,State,Zip: CUPERTINO, CA 95014
Owner/Operator Address: 1 APPLE PARK WAY
Date Ended Current: Not reported
Date Became Current: 20100701
Legal Status: Private
Owner/Operator Name: APPLE INC
Owner/Operator Indicator: Owner
Owner/Operator Email: [email protected]
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 408-974-5170
Owner/Operator City,State,Zip: CUPERTINO, CA 95014
Owner/Operator Address: 1 INFINITE LOOP
Date Ended Current: Not reported
Date Became Current: 20100701
Legal Status: Private
Owner/Operator Name: APPLE INC C/O JOHN SHULL
Owner/Operator Indicator: Operator
Owner/Operator Email: [email protected]
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 408-996-1010
Owner/Operator City,State,Zip: CUPERTINO, CA 95014
Owner/Operator Address: 1 APPLE PARKWAY
Date Ended Current: Not reported
APPLE INC (Continued) 1000279119
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Spent Lead Acid Battery Importer: No
Recognized Trader Exporter: No
Recognized Trader Importer: No
Large Quantity Handler of Universal Waste: No
State District Owner: Ca
Federal Waste Generator Description: Large Quantity Generator Handler Name: APPLE INC (LAZANEO 1)
Receive Date: 20171002
Electronic Manifest Broker: Not reported
Non Storage Recycler Activity: Not reported
Current Record: No
Spent Lead Acid Battery Exporter: No
Spent Lead Acid Battery Importer: No
Recognized Trader Exporter: No
Recognized Trader Importer: No
Large Quantity Handler of Universal Waste: No
State District Owner: Ca
Federal Waste Generator Description: Not a generator, verified Handler Name: APPLE COMPUTER
Receive Date: 19950111
Historic Generators:

Owner/Operator Email: [email protected]
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 408-996-1010
Owner/Operator City,State,Zip: CUPERTINO, CA 95014
Owner/Operator Address: 1 APPLE PARK WAY
Date Ended Current: Not reported
Date Became Current: 20100701
Legal Status: Private
Owner/Operator Name: APPLE INC
Owner/Operator Indicator: Operator
Owner/Operator Email: [email protected]
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 408-996-1010
Owner/Operator City,State,Zip: CUPERTINO, CA 95014
Owner/Operator Address: 1 APPLE PARKWAY
Date Ended Current: Not reported
Date Became Current: 20100701
Legal Status: Private
Owner/Operator Name: APPLE INC
Owner/Operator Indicator: Operator
Owner/Operator Email: [email protected]
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 503-789-8763
Owner/Operator City,State,Zip: BEND, OR 97707
Owner/Operator Address: PO BOX 4779
Date Ended Current: Not reported
Date Became Current: 20080404
Legal Status: Private
Owner/Operator Name: BOYER FAMILY PARTNERSHIP I LP
APPLE INC (Continued) 1000279119
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Evaluations: No Evaluations Found
Evaluation Action Summary:

Violations: No Violations Found
Facility Has Received Notices of Violations:

NAICS Description: SOFTWARE PUBLISHERS
NAICS Code: 513210
NAICS Description: ELECTRONIC COMPUTER MANUFACTURING
NAICS Code: 334111
List of NAICS Codes and Descriptions:

Electronic Manifest Broker: No
Non Storage Recycler Activity: No
Current Record: Yes
Spent Lead Acid Battery Exporter: No
Spent Lead Acid Battery Importer: No
Recognized Trader Exporter: No
Recognized Trader Importer: No
Large Quantity Handler of Universal Waste: No
State District Owner: Ca
Federal Waste Generator Description: Small Quantity Generator Handler Name: APPLE INC (LZ01)
Receive Date: 20240809
Electronic Manifest Broker: No
Non Storage Recycler Activity: No
Current Record: No
Spent Lead Acid Battery Exporter: No
Spent Lead Acid Battery Importer: No
Recognized Trader Exporter: No
Recognized Trader Importer: No
Large Quantity Handler of Universal Waste: No
State District Owner: Ca
Federal Waste Generator Description: Small Quantity Generator Handler Name: APPLE INC (LAZANEO 1)
Receive Date: 20231211
Electronic Manifest Broker: No
Non Storage Recycler Activity: No
Current Record: No
Spent Lead Acid Battery Exporter: No
Spent Lead Acid Battery Importer: No
Recognized Trader Exporter: No
Recognized Trader Importer: No
Large Quantity Handler of Universal Waste: No
State District Owner: Ca
Federal Waste Generator Description: Large Quantity Generator Handler Name: APPLE INC (LAZANEO 1)
Receive Date: 20190225
Electronic Manifest Broker: No
Non Storage Recycler Activity: No
Current Record: No
Spent Lead Acid Battery Exporter: No
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The California Environmental Protection Agency (CalEPA) has recently compliance monitoring.
programs, including incident tracking, compliance assistance, and track other activities that support compliance and enforcement Federal actions already in the system. ICIS also has the capability to completely replace PCS and will integrate that information with Regional offices and it at Headquarters. A future release of ICIS will System (NPDES). This information is maintained in ICIS by EPA in the (PCS), which supports the National Pollutant Discharge Elimination enforcement actions and a subset of the Permit Compliance System Currently, ICIS contains all Federal Administrative and Judicial enforcement data with a single repository for that information.

ICIS is to replace EPA’s independent databases that contain compliance information across most of EPA’s programs. The vision for database that, when complete, will contain integrated enforcement and The Integrated Compliance Information System (ICIS) provides a (PCBs), asbestos, radon and lead-based paint.
disposal of specific chemicals including polychlorinated biphenyls and pesticides. TSCA addresses the production, importation, use, and excluded from TSCA, including, among others, food, drugs, cosmetics chemical substances and/or mixtures. Certain substances are generally record-keeping and testing requirements, and restrictions relating to 1976, which provides EPA with authority to require reporting, The database that supports the Toxic Substances Control Act (TSCA) of

IDENTIFY DUPLICATE OR MISSING FACILITIES

STABLE IDENTIFIERS TO IMPROVE CONTINUITY FROM YEAR TO YEAR AND TO HELP

INVENTORY DATA ARE KEPT SEPARATE FROM THE EMISSIONS DATA AND HAVE RELEASE POINTS, CONTROL APPROACHES, AND REGULATIONS. FACILITY

AND THEIR PHYSICAL LOCATION, EMISSIONS UNITS, EMISSIONS PROCESSES, POINT POLLUTANT EMITTERS. IT CONTAINS INFORMATION ABOUT FACILITY SITES

STATIONARY SOURCES AND VOLUNTARILY-REPORTED SMALLER SOURCES OF AIR

THE EMISSION INVENTORY SYSTEM (EIS) MAINTAINS AN INVENTORY OF LARGE within the RCRA Information (RCRAInfo) database
Recovery Act (RCRA) Hazardous Waste Report. This data is processed used to create the National Biennial Resource Conservation and Administrator at least once every two years. The data collected is who handle hazardous waste are required to report to the EPA All generators and treatment, storage, and disposal (TSD) facilities environmental programs.
consistent regulatory activities for six state and federal (Unified Program Agencies - UPAs) consolidate, coordinate and provide law. Under oversight by Cal/EPA, certified local governing agencies waste and compliance and enforcement data as mandated by California collecting and reporting significant hazardous materials, hazardous regulated businesses and over 130 local agencies in electronically web-based user and information exchange system to support over 140,000 The California Environmental Reporting System (CERS) is a statewide Environmental Interest/Information System:

Click Here for FRS Facility Detail Report:

Registry ID: 110002689396
Environmental Interest/Information System:

Click Here for FRS Facility Detail Report:

Registry ID: 110071752307
FINDS:

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Designated Facility Location Street Number: 1704
Designated Facility Mail State: CA
Designated Facility Mail Zip: 91702
Designated Facility Mail City: AZUSA
Designated Facility Mail Street 2: SOUTH MOTOR AVENUE
Designated Facility Mail Street 1: Not reported
Designated Facility Mail Street Number: 107
Designated Facility Name: Veolia Es Technical Solutions Llc Designated Facility EPA ID: CAD008302903
Generator Contact Company Name: Not reported
Generator Mail State: CA
Generator Mail Zip: 95014
Generator Mail City: Cupertino
Generator Mail Street 2: Not reported
Generator Mail Street 1: 20605 Lazaneo Drive
Generator Mail Street Number: Not reported
Generator Location Zip: 95014
Generator Location State: CA
Generator Location City: CUPERTINO
Generator Location Street 2: Not reported
Generator Location Street 1: 20605 LAZANEO DRIVE
Generator Location Street Number: Not reported
Generator Name: Apple Inc (Lazaneo 1)
Generator EPA ID: CAD981386246
Origin Type: Service
Submission Type: DataImage5Copy
Manifest Status: Corrected
Received Date: 20200622
Shipped Date: 20200529
Last Updated Date: 20210618
Manifest Tracking Number: 014161317FLE
E MANIFEST:

City,State,Zip: CUPERTINO, CA 95014
Address: 20605 LAZANEO DRIVE
Name: APPLE, INC
DFR URL:

Registry ID: 110002689396
Envid: 1000279119
ECHO:
additional FINDS: detail in the EDR Site Report.

Click this hyperlink while viewing on your computer to access storers, and disposers of hazardous waste.
types of information about generators, transporters, treaters, Hazardous and Solid Waste Amendments (HSWA) of 1984. It tracks many Resource Conservation and Recovery Act (RCRA) of 1976 and the (RCRAInfo) is EPA’s comprehensive information system in support of the The Resource Conservation and Recovery Act Information System Inventory (TRI).

California Integrated Water Quality System (CIWQS), andToxic Release Environmental Reporting System (CERS),EnviroStor, GeoTracker, systems managed within CalEPA. The five systems are: California combines and merges facility and site information from five different implemented a new data warehouse system (nSite). This data warehouse APPLE INC (Continued) 1000279119
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Generator EPA ID: CAD981386246
Origin Type: Service
Submission Type: DataImage5Copy
Manifest Status: Signed
Received Date: 20200831
Shipped Date: 20200824
Last Updated Date: 20200922
Manifest Tracking Number: 014565004FLE
Rejection Indicator: N
Manifest Residue Indicator: N
Designated Facility Contact Company Name: Not reported
Designated Facility Location State: CA
Designated Facility Location Zip: 91702
Designated Facility Location City: AZUSA
Designated Facility Location Street 2: Not reported
Designated Facility Location Street 1: W FIRST ST
Designated Facility Location Street Number: 1704
Designated Facility Mail State: CA
Designated Facility Mail Zip: 91702
Designated Facility Mail City: AZUSA
Designated Facility Mail Street 2: SOUTH MOTOR AVENUE
Designated Facility Mail Street 1: Not reported
Designated Facility Mail Street Number: 107
Designated Facility Name: Veolia Es Technical Solutions Llc Designated Facility EPA ID: CAD008302903
Generator Contact Company Name: Not reported
Generator Mail State: CA
Generator Mail Zip: 95014
Generator Mail City: Cupertino
Generator Mail Street 2: Not reported
Generator Mail Street 1: 20605 Lazaneo Drive
Generator Mail Street Number: Not reported
Generator Location Zip: 95014
Generator Location State: CA
Generator Location City: CUPERTINO
Generator Location Street 2: Not reported
Generator Location Street 1: 20605 LAZANEO DRIVE
Generator Location Street Number: Not reported
Generator Name: Apple Inc (Lazaneo 1)
Generator EPA ID: CAD981386246
Origin Type: Service
Submission Type: DataImage5Copy
Manifest Status: Corrected
Received Date: 20200818
Shipped Date: 20200730
Last Updated Date: 20210614
Manifest Tracking Number: 014564956FLE
Rejection Indicator: N
Manifest Residue Indicator: N
Designated Facility Contact Company Name: Not reported
Designated Facility Location State: CA
Designated Facility Location Zip: 91702
Designated Facility Location City: AZUSA
Designated Facility Location Street 2: Not reported
Designated Facility Location Street 1: W FIRST ST
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Designated Facility Mail Street Number: 107
Designated Facility Name: Veolia Es Technical Solutions Llc Designated Facility EPA ID: CAD008302903
Generator Contact Company Name: Not reported
Generator Mail State: CA
Generator Mail Zip: 95014
Generator Mail City: Cupertino
Generator Mail Street 2: Not reported
Generator Mail Street 1: 20605 Lazaneo Drive
Generator Mail Street Number: Not reported
Generator Location Zip: 95014
Generator Location State: CA
Generator Location City: CUPERTINO
Generator Location Street 2: Not reported
Generator Location Street 1: 20605 LAZANEO DRIVE
Generator Location Street Number: Not reported
Generator Name: Apple Inc (Lazaneo 1)
Generator EPA ID: CAD981386246
Origin Type: Service
Submission Type: DataImage5Copy
Manifest Status: Corrected
Received Date: 20200908
Shipped Date: 20200814
Last Updated Date: 20210609
Manifest Tracking Number: 014565005FLE
Rejection Indicator: N
Manifest Residue Indicator: N
Designated Facility Contact Company Name: Not reported
Designated Facility Location State: CA
Designated Facility Location Zip: 90222-0000
Designated Facility Location City: COMPTON
Designated Facility Location Street 2: Not reported
Designated Facility Location Street 1: N. ALAMEDA STREET Designated Facility Location Street Number: 2000
Designated Facility Mail State: CA
Designated Facility Mail Zip: 90222
Designated Facility Mail City: COMPTON
Designated Facility Mail Street 2: N. ALAMEDA STREET
Designated Facility Mail Street 1: CA90222 CA037US 2000 Designated Facility Mail Street Number: 2000
Designated Facility Name: World Oil Recycling
Designated Facility EPA ID: CAT080013352
Generator Contact Company Name: Not reported
Generator Mail State: CA
Generator Mail Zip: 95014
Generator Mail City: CUPERTINO
Generator Mail Street 2: Not reported
Generator Mail Street 1: 1 APPLE PARKWAY M/S 1 19-EG&S
Generator Mail Street Number: Not reported
Generator Location Zip: 95014
Generator Location State: CA
Generator Location City: CUPERTINO
Generator Location Street 2: Not reported
Generator Location Street 1: 20605 LAZANEO DRIVE
Generator Location Street Number: Not reported
Generator Name: Apple Inc
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Last Updated Date: 20210607
Manifest Tracking Number: 014565094FLE
Rejection Indicator: N
Manifest Residue Indicator: N
Designated Facility Contact Company Name: Not reported
Designated Facility Location State: CA
Designated Facility Location Zip: 91702
Designated Facility Location City: AZUSA
Designated Facility Location Street 2: Not reported
Designated Facility Location Street 1: W FIRST ST
Designated Facility Location Street Number: 1704
Designated Facility Mail State: CA
Designated Facility Mail Zip: 91702
Designated Facility Mail City: AZUSA
Designated Facility Mail Street 2: SOUTH MOTOR AVENUE
Designated Facility Mail Street 1: Not reported
Designated Facility Mail Street Number: 107
Designated Facility Name: Veolia Es Technical Solutions Llc Designated Facility EPA ID: CAD008302903
Generator Contact Company Name: Not reported
Generator Mail State: CA
Generator Mail Zip: 95014
Generator Mail City: Cupertino
Generator Mail Street 2: Not reported
Generator Mail Street 1: 20605 Lazaneo Drive
Generator Mail Street Number: Not reported
Generator Location Zip: 95014
Generator Location State: CA
Generator Location City: CUPERTINO
Generator Location Street 2: Not reported
Generator Location Street 1: 20605 LAZANEO DRIVE
Generator Location Street Number: Not reported
Generator Name: Apple Inc (Lazaneo 1)
Generator EPA ID: CAD981386246
Origin Type: Service
Submission Type: DataImage5Copy
Manifest Status: Corrected
Received Date: 20200921
Shipped Date: 20200829
Last Updated Date: 20210610
Manifest Tracking Number: 014565054FLE
Rejection Indicator: N
Manifest Residue Indicator: N
Designated Facility Contact Company Name: Not reported
Designated Facility Location State: CA
Designated Facility Location Zip: 91702
Designated Facility Location City: AZUSA
Designated Facility Location Street 2: Not reported
Designated Facility Location Street 1: W FIRST ST
Designated Facility Location Street Number: 1704
Designated Facility Mail State: CA
Designated Facility Mail Zip: 91702
Designated Facility Mail City: AZUSA
Designated Facility Mail Street 2: SOUTH MOTOR AVENUE
Designated Facility Mail Street 1: Not reported
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Generator Mail City: Cupertino
Generator Mail Street 2: Not reported
Generator Mail Street 1: 20605 Lazaneo Drive
Generator Mail Street Number: Not reported
Generator Location Zip: 95014
Generator Location State: CA
Generator Location City: CUPERTINO
Generator Location Street 2: Not reported
Generator Location Street 1: 20605 LAZANEO DRIVE
Generator Location Street Number: Not reported
Generator Name: Apple Inc
Generator EPA ID: CAD981386246
Origin Type: Service
Submission Type: DataImage5Copy
Manifest Status: Signed
Received Date: 20201119
Shipped Date: 20200923
Last Updated Date: 20201214
Manifest Tracking Number: 014565125FLE
Rejection Indicator: N
Manifest Residue Indicator: N
Designated Facility Contact Company Name: Not reported
Designated Facility Location State: CA
Designated Facility Location Zip: 91702
Designated Facility Location City: AZUSA
Designated Facility Location Street 2: Not reported
Designated Facility Location Street 1: W FIRST ST
Designated Facility Location Street Number: 1704
Designated Facility Mail State: CA
Designated Facility Mail Zip: 91702
Designated Facility Mail City: AZUSA
Designated Facility Mail Street 2: SOUTH MOTOR AVENUE
Designated Facility Mail Street 1: Not reported
Designated Facility Mail Street Number: 107
Designated Facility Name: Veolia Es Technical Solutions Llc Designated Facility EPA ID: CAD008302903
Generator Contact Company Name: Not reported
Generator Mail State: CA
Generator Mail Zip: 95014
Generator Mail City: Cupertino
Generator Mail Street 2: Not reported
Generator Mail Street 1: 20605 Lazaneo Drive
Generator Mail Street Number: Not reported
Generator Location Zip: 95014
Generator Location State: CA
Generator Location City: CUPERTINO
Generator Location Street 2: Not reported
Generator Location Street 1: 20605 LAZANEO DRIVE
Generator Location Street Number: Not reported
Generator Name: Apple Inc (Lazaneo 1)
Generator EPA ID: CAD981386246
Origin Type: Service
Submission Type: DataImage5Copy
Manifest Status: Corrected
Received Date: 20201008
Shipped Date: 20200911
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Designated Facility Location State: CA
Designated Facility Location Zip: 91702
Designated Facility Location City: AZUSA
Designated Facility Location Street 2: Not reported
Designated Facility Location Street 1: W FIRST ST
Designated Facility Location Street Number: 1704
Designated Facility Mail State: CA
Designated Facility Mail Zip: 91702
Designated Facility Mail City: AZUSA
Designated Facility Mail Street 2: SOUTH MOTOR AVENUE
Designated Facility Mail Street 1: Not reported
Designated Facility Mail Street Number: 107
Designated Facility Name: Veolia Es Technical Solutions Llc Designated Facility EPA ID: CAD008302903
Generator Contact Company Name: Not reported
Generator Mail State: CA
Generator Mail Zip: 95014
Generator Mail City: Cupertino
Generator Mail Street 2: Not reported
Generator Mail Street 1: 20605 Lazaneo Drive
Generator Mail Street Number: Not reported
Generator Location Zip: 95014
Generator Location State: CA
Generator Location City: CUPERTINO
Generator Location Street 2: Not reported
Generator Location Street 1: 20605 LAZANEO DRIVE
Generator Location Street Number: Not reported
Generator Name: Apple Inc (Lazaneo 1)
Generator EPA ID: CAD981386246
Origin Type: Service
Submission Type: DataImage5Copy
Manifest Status: Corrected
Received Date: 20201012
Shipped Date: 20200923
Last Updated Date: 20210607
Manifest Tracking Number: 014565126FLE
Rejection Indicator: N
Manifest Residue Indicator: N
Designated Facility Contact Company Name: Not reported
Designated Facility Location State: AR
Designated Facility Location Zip: 71730
Designated Facility Location City: El Dorado
Designated Facility Location Street 2: Not reported
Designated Facility Location Street 1: 309 American Circle Designated Facility Location Street Number: Not reported Designated Facility Mail State: AR
Designated Facility Mail Zip: 71730
Designated Facility Mail City: El Dorado
Designated Facility Mail Street 2: 309 American Circle
Designated Facility Mail Street 1: Not reported
Designated Facility Mail Street Number: Not reported
Designated Facility Name: Clean Harbors El Dorado Llc
Designated Facility EPA ID: ARD069748192
Generator Contact Company Name: Apple Inc
Generator Mail State: CA
Generator Mail Zip: 95014
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Generator Location City: CUPERTINO
Generator Location Street 2: Not reported
Generator Location Street 1: 20605 LAZANEO DRIVE
Generator Location Street Number: Not reported
Generator Name: Apple Inc (Lazaneo 1)
Generator EPA ID: CAD981386246
Origin Type: Service
Submission Type: DataImage5Copy
Manifest Status: Signed
Received Date: 20201221
Shipped Date: 20201207
Last Updated Date: 20210111
Manifest Tracking Number: 014565344FLE
Rejection Indicator: N
Manifest Residue Indicator: N
Designated Facility Contact Company Name: Not reported
Designated Facility Location State: CA
Designated Facility Location Zip: 90222-0000
Designated Facility Location City: COMPTON
Designated Facility Location Street 2: Not reported
Designated Facility Location Street 1: N. ALAMEDA STREET Designated Facility Location Street Number: 2000
Designated Facility Mail State: CA
Designated Facility Mail Zip: 90222
Designated Facility Mail City: COMPTON
Designated Facility Mail Street 2: N. ALAMEDA STREET
Designated Facility Mail Street 1: CA90222 CA037US 2000 Designated Facility Mail Street Number: 2000
Designated Facility Name: World Oil Recycling
Designated Facility EPA ID: CAT080013352
Generator Contact Company Name: Not reported
Generator Mail State: CA
Generator Mail Zip: 95014
Generator Mail City: CUPERTINO
Generator Mail Street 2: Not reported
Generator Mail Street 1: ONE APPLE WAY M/S 1119-EH&S
Generator Mail Street Number: Not reported
Generator Location Zip: 95014
Generator Location State: CA
Generator Location City: CUPERTINO
Generator Location Street 2: Not reported
Generator Location Street 1: 20605 LAZANEO DRIVE
Generator Location Street Number: Not reported
Generator Name: Apple Inc
Generator EPA ID: CAD981386246
Origin Type: Service
Submission Type: DataImage5Copy
Manifest Status: Signed
Received Date: 20201026
Shipped Date: 20201013
Last Updated Date: 20201116
Manifest Tracking Number: 014565194FLE
Rejection Indicator: N
Manifest Residue Indicator: N
Designated Facility Contact Company Name: Not reported
APPLE INC (Continued) 1000279119
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Designated Facility Mail State: UT
Designated Facility Mail Zip: 84029
Designated Facility Mail City: Grantsville
Designated Facility Mail Street 2: PO Box 1339
Designated Facility Mail Street 1: Not reported
Designated Facility Mail Street Number: Not reported
Designated Facility Name: Clean Harbors Aragonite Llc
Designated Facility EPA ID: UTD981552177
Generator Contact Company Name: Apple Inc
Generator Mail State: CA
Generator Mail Zip: 95014
Generator Mail City: Cupertino
Generator Mail Street 2: Not reported
Generator Mail Street 1: 20605 Lazaneo Drive
Generator Mail Street Number: Not reported
Generator Location Zip: 95014
Generator Location State: CA
Generator Location City: CUPERTINO
Generator Location Street 2: Not reported
Generator Location Street 1: 20605 LAZANEO DRIVE
Generator Location Street Number: Not reported
Generator Name: Apple Inc
Generator EPA ID: CAD981386246
Origin Type: Service
Submission Type: DataImage5Copy
Manifest Status: Signed
Received Date: 20210113
Shipped Date: 20201207
Last Updated Date: 20210202
Manifest Tracking Number: 014565345FLE
Rejection Indicator: N
Manifest Residue Indicator: N
Designated Facility Contact Company Name: Not reported
Designated Facility Location State: CA
Designated Facility Location Zip: 90222-0000
Designated Facility Location City: COMPTON
Designated Facility Location Street 2: Not reported
Designated Facility Location Street 1: N. ALAMEDA STREET Designated Facility Location Street Number: 2000
Designated Facility Mail State: CA
Designated Facility Mail Zip: 90222
Designated Facility Mail City: COMPTON
Designated Facility Mail Street 2: N. ALAMEDA STREET
Designated Facility Mail Street 1: CA90222 CA037US 2000 Designated Facility Mail Street Number: 2000
Designated Facility Name: World Oil Recycling
Designated Facility EPA ID: CAT080013352
Generator Contact Company Name: Not reported
Generator Mail State: CA
Generator Mail Zip: 95014
Generator Mail City: CUPERTINO
Generator Mail Street 2: Not reported
Generator Mail Street 1: 1 APPLE PARKWAY
Generator Mail Street Number: Not reported
Generator Location Zip: 95014
Generator Location State: CA
APPLE INC (Continued) 1000279119
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Acute Waste Quantity, in Tons: 0
Waste Quantity, in Tons: 0.442
Quantity Unit of Measure Description: Pounds
Quantity Unit of Measure Code: P
Waste Quantity: 884
Container Type Description: Fiber or plastic boxes, cartons, cases Container Type Code: CF
Number of Containers: 2
Non-Hazardous Waste Description: Not reported
U.S. DOT Description: Na3077, Hazardous Waste, Solid, N.O.S. (Chromium), 9, Iii U.S. DOT ID Number: NA3077
U.S. DOT Hazardous Indicator: Y
Waste Line Number: 1
Manifest Tracking Number: 014565346FLE
Waste Line:

Transporter Name: Veolia Es Technical Solutions Corp
Transporter EPA ID: NJD080631369
Transporter Line Number: 2
Manifest Tracking Number: 014565346FLE
Transporter Name: Advanced Chemical Transport
Transporter EPA ID: CAR000070540
Transporter Line Number: 1
Manifest Tracking Number: 014565346FLE
Transporter:

State Waste: Empty containers less than 30 gallons
State Waste Code: 513
State Waste Code Owner: CA
Waste Line Number: 1
Manifest Tracking Number: 014565346FLE
State Waste: Other organic solids
State Waste Code: 352
State Waste Code Owner: CA
Waste Line Number: 1
Manifest Tracking Number: 014565346FLE
State Waste:

Federal Waste: CHROMIUM
Federal Waste Code: D007
Waste Line Number: 1
Manifest Tracking Number: 014565346FLE
Federal Waste:

Rejection Indicator: N
Manifest Residue Indicator: N
Designated Facility Contact Company Name: Not reported
Designated Facility Location State: UT
Designated Facility Location Zip: 84029
Designated Facility Location City: Grantsville
Designated Facility Location Street 2: Not reported
Designated Facility Location Street 1: 11600 North Aptus Road Designated Facility Location Street Number: Not reported APPLE INC (Continued) 1000279119
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96 additional US EManifest: record(s) in the EDR Site Report.

Click this hyperlink while viewing on your computer to access EPA Waste Indicator: Y
Consent Number: Not reported
Waste Minimization Code Description: Not reported
Waste Minimization Code: Not reported
Source Code Description: Not reported
Source Code: Not reported
Form Code Description: Not reported
Form Code: Not reported
Waste Density Unit of Measure Description: Not reported Waste Density Unit of Measure Code: Not reported
Waste Density: Not reported
Waste Type Discrepancy Indicator: N
Quantity Discrepancy Indicator: N
Waste Residue Indicator: N
Management Method Description: STORAGE, BULKING AND/OR TRANSFER OFF SITE Management Method Code: H141
Non-Acute Waste Quantity, in Kilorgrams: 400.9073
Acute Waste Quantity, in Kilograms: 0
Waste Quantity, in Kilograms: 400.9073
Non-Acute Waste Quantity, in Tons: 0.442
APPLE INC (Continued) 1000279119
Operator Type: Other
Operator Name: Rhonda Lukich
Owner Type: Other
Owner Name: Boyer Family Paratnership I
Mailing City,State,Zip: BEND, OR 97707
Mailing Address: P.O. BOX 4779
State District: Not reported
State District Owner: Not reported
Active Site Indicator: Not reported
Accessibility: Not reported
Biennial Report Cycle: Not reported
Non-Notifier: Not reported
Federal Waste Generator Description: Not a generator, verified Land Type: Not reported
EPA Region: 09
Contact Title: Not reported
Contact Email: [email protected]
Contact Fax: Not reported
Contact Telephone: 503-789-8763
Contact City,State,Zip: BEND, OR 97707
Contact Address: 55128 FOREST LANE
Contact Name: RHONDA LUKICH
EPA ID: CAC003248744
Handler City,State,Zip: CUPERTINO, CA 95014
Handler Address: 20605 Lazaneo
Handler Name: Boyer Family Limited Partnership I
Date Form Received by Agency: 20230825
RCRA Listings:
193 ft. Site 4 of 9 in cluster A

0.037 mi.

Relative:

Higher
Actual:
241 ft.
< 1/8 CUPERTINO, CA 95014
South 20605 LAZANEO CAC003248744
A7 BOYER FAMILY LIMITED PARTNERSHIP I 1028887862 RCRA NonGen / NLR TC7880943.2s Page 38
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Owner/Operator Name: RHONDA LUKICH
Owner/Operator Indicator: Operator
Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 503-789-8763
Owner/Operator City,State,Zip: BEND, OR 97707
Owner/Operator Address: P.O. BOX 4779
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Other
Owner/Operator Name: BOYER FAMILY PARATNERSHIP I
Owner/Operator Indicator: Owner
Handler - Owner Operator:

Sub-Part P Indicator: No
Manifest Broker: No
Recycler Activity Without Storage: No
Exporter of Spent Lead Acid Batteries: No
Importer of Spent Lead Acid Batteries: No
Recognized Trader-Exporter: No
Recognized Trader-Importer: No
Handler Date of Last Change: 20230825
Financial Assurance Required: Not reported
Significant Non-Complier With a Compliance Schedule Universe: No Addressed Significant Non-Complier Universe: No
Unaddressed Significant Non-Complier Universe: No
Significant Non-Complier Universe: No
Groundwater Controls Indicator: N/A
Human Exposure Controls Indicator: N/A
Institutional Control Indicator: No
Environmental Control Indicator: No
Corrective Action Priority Ranking: No NCAPS ranking
Non-TSDFs Where RCRA CA has Been Imposed Universe: No
Subject to Corrective Action Universe: No
202 GPRA Corrective Action Baseline: No
2018 GPRA Renewals Baseline: Not on the Baseline
2018 GPRA Permit Baseline: Not on the Baseline
Sub-Part K Indicator: Not reported
Hazardous Secondary Material Indicator: N
Federal Facility Indicator: Not reported
Active Site State-Reg Handler: ---
Federal Universal Waste: No
Universal Waste Destination Facility: No
Universal Waste Indicator: No
Off-Site Waste Receipt: No
Underground Injection Control: No
Smelting Melting and Refining Furnace Exemption: No
Small Quantity On-Site Burner Exemption: No
Recycler Activity with Storage: No
Transfer Facility Activity: No
Transporter Activity: No
Mixed Waste Generator: No
Importer Activity: No
Short-Term Generator Activity: No
BOYER FAMILY LIMITED PARTNERSHIP I (Continued) 1028887862 TC7880943.2s Page 39
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Evaluations: No Evaluations Found
Evaluation Action Summary:

Violations: No Violations Found
Facility Has Received Notices of Violations:

NAICS Description: RESEARCH AND DEVELOPMENT IN NANOTECHNOLOGY NAICS Code: 541713
List of NAICS Codes and Descriptions:

Electronic Manifest Broker: No
Non Storage Recycler Activity: No
Current Record: Yes
Spent Lead Acid Battery Exporter: No
Spent Lead Acid Battery Importer: No
Recognized Trader Exporter: No
Recognized Trader Importer: No
Large Quantity Handler of Universal Waste: No
State District Owner: Not reported
Federal Waste Generator Description: Not a generator, verified Handler Name: BOYER FAMILY LIMITED PARTNERSHIP I
Receive Date: 20230825
Historic Generators:

Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 503-789-8763
Owner/Operator City,State,Zip: BEND, OR 97707
Owner/Operator Address: 55128 FOREST LANE
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Other
BOYER FAMILY LIMITED PARTNERSHIP I (Continued) 1028887862 Land Type: Not reported
EPA Region: 09
Contact Title: Not reported
Contact Email: [email protected]
Contact Fax: Not reported
Contact Telephone: 503-789-8763
Contact City,State,Zip: BEND, OR 97707
Contact Address: P.O. BOX 44779
Contact Name: RHONDA LUKICH
EPA ID: CAC003026580
Handler City,State,Zip: CUPERTINO, CA 95014
Handler Address: 20605 Lazaneo
Handler Name: Boyer Family Partnership I, Lp
Date Form Received by Agency: 20190729
RCRA Listings:
193 ft. Site 5 of 9 in cluster A

0.037 mi.

Relative:

Higher
Actual:
241 ft.
< 1/8 CUPERTINO, CA 95014
South 20605 LAZANEO CAC003026580
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Owner/Operator Indicator: Owner
Handler - Owner Operator:

Sub-Part P Indicator: No
Manifest Broker: No
Recycler Activity Without Storage: No
Exporter of Spent Lead Acid Batteries: No
Importer of Spent Lead Acid Batteries: No
Recognized Trader-Exporter: No
Recognized Trader-Importer: No
Handler Date of Last Change: 20190910
Financial Assurance Required: Not reported
Significant Non-Complier With a Compliance Schedule Universe: No Addressed Significant Non-Complier Universe: No
Unaddressed Significant Non-Complier Universe: No
Significant Non-Complier Universe: No
Groundwater Controls Indicator: N/A
Human Exposure Controls Indicator: N/A
Institutional Control Indicator: No
Environmental Control Indicator: No
Corrective Action Priority Ranking: No NCAPS ranking
Non-TSDFs Where RCRA CA has Been Imposed Universe: No
Subject to Corrective Action Universe: No
202 GPRA Corrective Action Baseline: No
2018 GPRA Renewals Baseline: Not on the Baseline
2018 GPRA Permit Baseline: Not on the Baseline
Sub-Part K Indicator: Not reported
Hazardous Secondary Material Indicator: N
Federal Facility Indicator: Not reported
Active Site State-Reg Handler: ---
Federal Universal Waste: No
Universal Waste Destination Facility: No
Universal Waste Indicator: No
Off-Site Waste Receipt: No
Underground Injection Control: No
Smelting Melting and Refining Furnace Exemption: No
Small Quantity On-Site Burner Exemption: No
Recycler Activity with Storage: No
Transfer Facility Activity: No
Transporter Activity: No
Mixed Waste Generator: No
Importer Activity: No
Short-Term Generator Activity: No
Operator Type: Other
Operator Name: Rhonda Lukich
Owner Type: Other
Owner Name: Boyer Family Partnership I, Lp
Mailing City,State,Zip: BEND, OR 97707
Mailing Address: P.O. BOX 4779
State District: Not reported
State District Owner: Not reported
Active Site Indicator: Not reported
Accessibility: Not reported
Biennial Report Cycle: Not reported
Non-Notifier: Not reported
Federal Waste Generator Description: Not a generator, verified BOYER FAMILY PARTNERSHIP I, LP (Continued) 1025846654
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Evaluations: No Evaluations Found
Evaluation Action Summary:

Violations: No Violations Found
Facility Has Received Notices of Violations:

NAICS Description: LESSORS OF RESIDENTIAL BUILDINGS AND DWELLINGS NAICS Code: 531110
List of NAICS Codes and Descriptions:

Electronic Manifest Broker: Not reported
Non Storage Recycler Activity: Not reported
Current Record: Yes
Spent Lead Acid Battery Exporter: No
Spent Lead Acid Battery Importer: No
Recognized Trader Exporter: No
Recognized Trader Importer: No
Large Quantity Handler of Universal Waste: No
State District Owner: Not reported
Federal Waste Generator Description: Not a generator, verified Handler Name: BOYER FAMILY PARTNERSHIP I, LP
Receive Date: 20190729
Historic Generators:

Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 503-789-8763
Owner/Operator City,State,Zip: BEND, OR 97707
Owner/Operator Address: P.O. BOX 44779
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Other
Owner/Operator Name: RHONDA LUKICH
Owner/Operator Indicator: Operator
Owner/Operator Email: Not reported
Owner/Operator Fax: Not reported
Owner/Operator Telephone Ext: Not reported
Owner/Operator Telephone: 503-789-8763
Owner/Operator City,State,Zip: BEND, OR 97707
Owner/Operator Address: P.O. BOX 4779
Date Ended Current: Not reported
Date Became Current: Not reported
Legal Status: Other
Owner/Operator Name: BOYER FAMILY PARTNERSHIP I, LP
BOYER FAMILY PARTNERSHIP I, LP (Continued) 1025846654
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machining, and painting. Facility used to generate more RCRA waste product realization lab that generates wastes related to 3D printing, Eval Notes: Inspection commenced on 6/3/19 and concluded today. Facility is a Eval Type: Routine done by local agency
Violations Found: Yes
Eval Date: 06-06-2019
Eval General Type: Compliance Evaluation Inspection
Eval Source: CERS,
Eval Program: HMRRP
Eval Division: Santa Clara County Fire Department
Eval Notes: Occupancy ID: 3156
Eval Type: Routine done by local agency
Violations Found: No
Eval Date: 10-23-2014
Eval General Type: Compliance Evaluation Inspection
Evaluation:

Violation Source: CERS,
Violation Program: HW
Violation Division: Santa Clara County Environmental Health coordinators.
buildings. Plan does not currently list an address for emergency to emergency response equipment located at the Infinite Loop emergency response equipment located on-site. Current plan only refers this boiler plate, at a minimum, ensure that plan refers to the a contingency plan for this location. If facility continues to use CERS is a boiler plate plan that is not specific enough to be used as Violation Notes: Returned to compliance on 06/20/2019. Contingency plan uploaded to hazardous waste management provisions.)
plan, the owner or operator need only amend that plan to incorporate Countermeasures (SPCC) Plan or some other emergency or contingency operator has already prepared a Spill Prevention, Control, and capabilities, evacuation plan, and OES phone number. (If the owner or emergency equipment and their physical description, location and coordinators including name, addresses & phone numbers, list of emergency, arrangements with local authorities, list of emergency description of actions personnel will take in response to a release or Violation Description: Failure to include all of the following in the Contingency Plan:
15, Section(s) 66265.52
Citation: 22 CCR 15 66265.52 - California Code of Regulations, Title 22, Chapter Violation Date: 06-06-2019
Site Name: APPLE-LAZANEO
Site ID: 702783
Violations:

CERS Description: Hazardous Waste Generator
CERS ID: 10349035
Site ID: 702783
City,State,Zip: CUPERTINO, CA 95014
Address: 20605 LAZANEO DR
Name: APPLE-LAZANEO
CERS HAZ WASTE:
193 ft. Site 6 of 9 in cluster A

0.037 mi. HAZNET
Relative:

Higher
Actual:
241 ft.
< 1/8 CUPERTINO, CA 95014 HWTS
South 20605 LAZANEO DR CUPA Listings N/A
A9 APPLE-LAZANEO CERS HAZ WASTE S121789288
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Eval Notes: Occupany ID: 3156
Eval Type: Routine done by local agency
Violations Found: No
Eval Date: 11-17-2020
Eval General Type: Compliance Evaluation Inspection
Eval Source: CERS,
Eval Program: HMRRP
Eval Division: Santa Clara County Fire Department
Eval Notes: Occupancy ID: 3156
Eval Type: Routine done by local agency
Violations Found: No
Eval Date: 12-02-2016
Eval General Type: Compliance Evaluation Inspection
Eval Source: CERS,
Eval Program: HMRRP
Eval Division: Santa Clara County Fire Department
Eval Notes: Occupancy ID: 3156
Eval Type: Routine done by local agency
Violations Found: No
Eval Date: 11-27-2018
Eval General Type: Compliance Evaluation Inspection
Eval Source: CERS,
Eval Program: HMRRP
Eval Division: Santa Clara County Fire Department
Eval Notes: Occupancy ID: 3156
Eval Type: Routine done by local agency
Violations Found: No
Eval Date: 11-19-2013
Eval General Type: Compliance Evaluation Inspection
Eval Source: CERS,
Eval Program: HMRRP
Eval Division: Santa Clara County Fire Department
Eval Notes: Occupancy ID: 3156
Eval Type: Routine done by local agency
Violations Found: No
Eval Date: 10-17-2017
Eval General Type: Compliance Evaluation Inspection
Eval Source: CERS,
Eval Program: HW
Eval Division: Santa Clara County Environmental Health
resins mixed with waste liquid IPA (SLA [Truncated]
parts, including waste resins from printers (Eden and connex), waste printing lab (rm 132): Generates wastes related to cleaning 3D printed walk-through of the following areas: PR cleanup room and adjoining California LQG and RCRA small quantity generator. Inspection included containing machines that exceed 1000 kgs per shipment. Facility is a of this waste from periodic (3-5x/year) clean-outs of coolant approximately 1753 kg per month of all wastes. Facility generates most generating and average of 130 kg of RCRA waste per month, and cutting to be done on one specific CNC. Currently, facility is significantly reduced their waste by designating all brass and copper (coolant contaminated with lead from machining brass), but APPLE-LAZANEO (Continued) S121789288
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Entity Title: Not reported
Entity Name: Santa Clara County Environmental Health
Affiliation Type Desc: CUPA District
Affiliation Phone: (408) 974-3333,
Affiliation Zip: Not reported
Affiliation Country: Not reported
Affiliation State: Not reported
Affiliation City: Not reported
Affiliation Address: Not reported
Entity Title: Not reported
Entity Name: Apple, Inc.

Affiliation Type Desc: Operator
Affiliation Phone: ,
Affiliation Zip: Not reported
Affiliation Country: Not reported
Affiliation State: Not reported
Affiliation City: Not reported
Affiliation Address: Not reported
Entity Title: Not reported
Entity Name: BSI
Affiliation Type Desc: Document Preparer
Affiliation:

Longitude: -122.033770
Latitude: 37.326930
Ref Point Type Desc: Center of a facility or station.,
Coord Name: Not reported
Program ID: 10349035
Env Int Type Code: HMBP
Facility Name: APPLE-LAZANEO
Site ID: 702783
Coordinates:

Eval Source: CERS,
Eval Program: HMRRP
Eval Division: Santa Clara County Fire Department
Eval Notes: Occupany ID: 3156
Eval Type: Routine done by local agency
Violations Found: No
Eval Date: 12-12-2019
Eval General Type: Compliance Evaluation Inspection
Eval Source: CERS,
Eval Program: HMRRP
Eval Division: Santa Clara County Fire Department
Eval Notes: Occupancy ID: 3156
Eval Type: Routine done by local agency
Violations Found: No
Eval Date: 12-07-2015
Eval General Type: Compliance Evaluation Inspection
Eval Source: CERS,
Eval Program: HMRRP
Eval Division: Santa Clara County Fire Department
APPLE-LAZANEO (Continued) S121789288
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Affiliation Phone: ,
Affiliation Zip: Not reported
Affiliation Country: Not reported
Affiliation State: Not reported
Affiliation City: Not reported
Affiliation Address: Not reported
Entity Title: Not reported
Entity Name: Jacob Cunningham
Affiliation Type Desc: Identification Signer
Affiliation Phone: ,
Affiliation Zip: 95014
Affiliation Country: Not reported
Affiliation State: CA
Affiliation City: Cupertino
Affiliation Address: One Apple Park Way, M/S 319-3EHS
Entity Title: Not reported
Entity Name: Celine Granger
Affiliation Type Desc: Environmental Contact
Affiliation Phone: ,
Affiliation Zip: Not reported
Affiliation Country: Not reported
Affiliation State: Not reported
Affiliation City: Not reported
Affiliation Address: Not reported
Entity Title: Not reported
Entity Name: APPLE INC
Affiliation Type Desc: Parent Corporation
Affiliation Phone: ,
Affiliation Zip: 95014
Affiliation Country: Not reported
Affiliation State: CA
Affiliation City: Cupertino
Affiliation Address: One Apple Park Way, M/S 319-3EHS
Entity Title: Not reported
Entity Name: Mailing Address
Affiliation Type Desc: Facility Mailing Address
Affiliation Phone: (408) 996-1010,
Affiliation Zip: 95014
Affiliation Country: United States
Affiliation State: CA
Affiliation City: Cupertino
Affiliation Address: One Apple Park Way, M/S 319-3EHS
Entity Title: Not reported
Entity Name: APPLE, INC
Affiliation Type Desc: Legal Owner
Affiliation Phone: (408) 918-3400,
Affiliation Zip: 95112-2716
Affiliation Country: Not reported
Affiliation State: CA
Affiliation City: San Jose
Affiliation Address: 1555 Berger Drive, Suite 300
APPLE-LAZANEO (Continued) S121789288
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Facility City: CUPERTINO
Facility Address 2: Not reported
Facility Address: 20605 LAZANEO DR
Facility Name: APPLE INC (LAZANEO 1)
Inactive Date: Not reported
Issued EPA ID Date: 1987-04-10 00:00:00
NAICS Description: Electronic Computer Manufacturing
NAICS Code: 334111
Create Date: 2017-10-06 16:23:45.773
EPA ID: CAD981386246
NAICS:

Longitude: -122.03268
Latitude: 37.32646
Category: FEDERAL
Facility Type: PERMANENT
Facility Status: Active
Contact Fax: Not reported
Contact Phone: Not reported
City,State,Zip: CUPERTINO, CA 95014
Contact Address 2: Not reported
Contact Address: ONE APPLE PARK WAY, M/S 319-5EHS
Contact Name: KEVIN SUNG
Owner Fax: Not reported
Owner Phone: Not reported
Owner City,State,Zip: CUPERTINO, CA 950142083
Owner Address 2: Not reported
Owner Address: ONE APPLE PARK WAY, M/S 319-5EHS
Owner Name: APPLE, INC.

Mailing City,State,Zip: CUPERTINO, CA 95014
Mailing Address 2: Not reported
Mailing Address: ONE APPLE PARK WAY, M/S 319-5EHS
Mailing Name: Not reported
Last Act Date: Not reported
Create Date: 04/10/1987
Inactive Date: Not reported
EPA ID: CAD981386246
City,State,Zip: CUPERTINO, CA 95014
Address 2: Not reported
Address: 20605 LAZANEO DR
Name: APPLE INC (LAZANEO 1)
HWTS:

Facility ID: FA0257826
Record ID: PR0429589
Longitude: -122.03407
Latitude: 37.326689
Program Identifier: DEH PERMIT-HAZ WASTE GENERATOR PROGRAM Program Description: GENERATES 100 KG TO < 5 TONS/YEAR
PE#: 2205
UDF Email: [email protected]; [email protected] Telephone: 4089748238
Region: SANTA CLARA
City,State,Zip: CUPERTINO, CA 95014
Address: 20605 LAZANEO DR
Name: APPLE-LAZANEO
CUPA SANTA CLARA:

APPLE-LAZANEO (Continued) S121789288
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TSD EPA ID: UTD981552177
Gepaid: CAD981386246
Year: 2020
Tons: 0.2135
Regeneration, Organics Recovery Ect
Disposal Method: H039 - Other Recovery Of Reclamation For Reuse Including Acid CA Waste Code: 331 - Off-specification, aged or surplus organics TSD EPA ID: CAT080013352
Gepaid: CAD981386246
Year: 2020
Tons: 2.201
Treatment/Reovery (H010-H129) Or (H131-H135)
Disposal Method: H141 - Storage, Bulking, And/Or Transfer Off Site--No CA Waste Code: 352 - Other organic solids
TSD EPA ID: CAD008302903
Gepaid: CAD981386246
Year: 2020
Tons: 0.0045
Treatment/Reovery (H010-H129) Or (H131-H135)
Disposal Method: H141 - Storage, Bulking, And/Or Transfer Off Site--No CA Waste Code: 331 - Off-specification, aged or surplus organics TSD EPA ID: UTD981552177
Gepaid: CAD981386246
Year: 2020
Tons: 1.0625
Treatment/Reovery (H010-H129) Or (H131-H135)
Disposal Method: H141 - Storage, Bulking, And/Or Transfer Off Site--No CA Waste Code: 343 - Unspecified organic liquid mixture TSD EPA ID: UTD981552177
Gepaid: CAD981386246
Year: 2020
Tons: 0.0135
Disposal Method: H040 - Incineration--Thermal Destruction Other Than Use As A Fuel CA Waste Code: 343 - Unspecified organic liquid mixture TSD EPA ID: ARD069748192
Gepaid: CAD981386246
Year: 2020
Mailing Address: ONE APPLE PARK WAY M/S 319-5EHS
Mailing Name: Not reported
Telephone: 6692279347
Contact: KEVIN SUNG
City,State,Zip: CUPERTINO, CA 950140000
Address 2: Not reported
Address: 20605 LAZANEO DR
Name: APPLE INC (LAZANEO 1)
HAZNET:

Facility Zip: 950140000
Facility State: CA
Facility County: Not reported
APPLE-LAZANEO (Continued) S121789288
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Map ID MAP FINDINGS
Direction
Distance EDR ID Number
Elevation Site Database(s) EPA ID Number
Transporter Name: ADVANCED CHEMICAL TRANSPORT
Transporter 1 EPA ID: CAR000070540
Contact Email: Not reported
Contact Telephone: 415-756-4329
Contact: Not reported
Telephone: Not reported
City,State,Zip: CUPERTINO, CA 95014
Address 2: Not reported
Address: 20605 LAZANEO DRIVE
Name: APPLE INC (LAZANEO 1)
Generator EPA ID: CAD981386246
Manifest Number: 014565126FLE
Receipt Date: 10/12/2020
Shipment Date: 9/23/2020
Shipment Date: 9/23/2020
EM Manifest ID: Not reported
Year: 2020
Additional Information:
32 additional CA HAZNET: record(s) in the EDR Site Report.

Click this hyperlink while viewing on your computer to access Tons: 0.529
Regeneration, Organics Recovery Ect
Disposal Method: H039 - Other Recovery Of Reclamation For Reuse Including Acid CA Waste Code: 221 - Waste oil and mixed oil
TSD EPA ID: CAT080013352
Gepaid: CAD981386246
Year: 2020
Tons: 0.0005
Disposal Method: H040 - Incineration--Thermal Destruction Other Than Use As A Fuel CA Waste Code: 343 - Unspecified organic liquid mixture TSD EPA ID: UTD981552177
Gepaid: CAD981386246
Year: 2020
Tons: 6.749
Treatment/Reovery (H010-H129) Or (H131-H135)
Disposal Method: H141 - Storage, Bulking, And/Or Transfer Off Site--No CA Waste Code: 343 - Unspecified organic liquid mixture TSD EPA ID: CAD008302903
Gepaid: CAD981386246
Year: 2020
Tons: 0.4185
Treatment/Reovery (H010-H129) Or (H131-H135)
Disposal Method: H141 - Storage, Bulking, And/Or Transfer Off Site--No CA Waste Code: 181 - Other inorganic solid waste
TSD EPA ID: CAD008302903
Gepaid: CAD981386246
Year: 2020
Tons: 0.1135
Disposal Method: H040 - Incineration--Thermal Destruction Other Than Use As A Fuel CA Waste Code: 551 - Laboratory waste chemicals
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Map ID MAP FINDINGS
Direction
Distance EDR ID Number
Elevation Site Database(s) EPA ID Number
Shipment Date: 9/23/2020
Shipment Date: 9/23/2020
EM Manifest ID: Not reported
Year: 2020
Quantity Unit: P
Waste Quantity: 27
Quantity Tons: 0.0135
Meth Code: H040 - Not reported
RCRA Code: Not reported
Waste Code Description: 343 - Not reported
TSDFA EPA ID: Not reported
TSDF Telephone: Not reported
TSDF City,State,Zip: El Dorado, AR 71730
TSDF Address 2: Not reported
TSDF Address 1: 309 American Circle
TSDF Name: Clean Harbors El Dorado LLC
TSDF EPA ID: ARD069748192
Transporter 2 Emergency Number: Not reported
Transporter Name 2: Clean Harbors Environmental Services, Inc.

Transporter 2 EPA ID: MAD039322250
Transporter 1 Emergency Number: Not reported
Transporter Name: Advanced Chemical Transport Inc. DBA Actenviro Transporter 1 EPA ID: CAR000070540
Contact Email: Not reported
Contact Telephone: 408-548-5050
Contact: Juliana Cayetano
Telephone: Not reported
City,State,Zip: CUPERTINO, CA 95014
Address 2: Not reported
Address: 20605 LAZANEO DRIVE
Name: APPLE INC
Generator EPA ID: CAD981386246
Manifest Number: 014565125FLE
Receipt Date: 11/19/2020
Shipment Date: 9/23/2020
Shipment Date: 9/23/2020
EM Manifest ID: Not reported
Year: 2020
Quantity Unit: P
Waste Quantity: 148
Quantity Tons: 0.074
Meth Code: H141 - Not reported
RCRA Code: D007,D008
Waste Code Description: 181 - Not reported
TSDFA EPA ID: Not reported
TSDF Telephone: Not reported
TSDF City,State,Zip: AZUSA, CA 91702
TSDF Address 2: Not reported
TSDF Address 1: W FIRST ST
TSDF Name: VEOLIA ES TECHNICAL SOLUTIONS LLC
TSDF EPA ID: CAD008302903
Transporter 2 Emergency Number: Not reported
Transporter Name 2: VEOLIA ES TECHNICAL SOLUTIONS CORP
Transporter 2 EPA ID: NJD080631369
Transporter 1 Emergency Number: Not reported
APPLE-LAZANEO (Continued) S121789288
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Map ID MAP FINDINGS
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Distance EDR ID Number
Elevation Site Database(s) EPA ID Number
TSDF City,State,Zip: AZUSA, CA 91702
TSDF Address 2: Not reported
TSDF Address 1: W FIRST ST
TSDF Name: VEOLIA ES TECHNICAL SOLUTIONS LLC
TSDF EPA ID: CAD008302903
Transporter 2 Emergency Number: Not reported
Transporter Name 2: VEOLIA ES TECHNICAL SOLUTIONS CORP
Transporter 2 EPA ID: NJD080631369
Transporter 1 Emergency Number: Not reported
Transporter Name: ADVANCED CHEMICAL TRANSPORT
Transporter 1 EPA ID: CAR000070540
Contact Email: Not reported
Contact Telephone: 415-756-4329
Contact: Not reported
Telephone: Not reported
City,State,Zip: CUPERTINO, CA 95014
Address 2: Not reported
Address: 20605 LAZANEO DRIVE
Name: APPLE INC (LAZANEO 1)
Generator EPA ID: CAD981386246
Manifest Number: 014565126FLE
Receipt Date: 10/12/2020
Shipment Date: 9/23/2020
Shipment Date: 9/23/2020
EM Manifest ID: Not reported
Year: 2020
Quantity Unit: P
Waste Quantity: 128
Quantity Tons: 0.064
Meth Code: H141 - Not reported
RCRA Code: D007
Waste Code Description: 352,513 - Not reported
TSDFA EPA ID: Not reported
TSDF Telephone: Not reported
TSDF City,State,Zip: AZUSA, CA 91702
TSDF Address 2: Not reported
TSDF Address 1: W FIRST ST
TSDF Name: VEOLIA ES TECHNICAL SOLUTIONS LLC
TSDF EPA ID: CAD008302903
Transporter 2 Emergency Number: Not reported
Transporter Name 2: VEOLIA ES TECHNICAL SOLUTIONS CORP
Transporter 2 EPA ID: NJD080631369
Transporter 1 Emergency Number: Not reported
Transporter Name: ADVANCED CHEMICAL TRANSPORT
Transporter 1 EPA ID: CAR000070540
Contact Email: Not reported
Contact Telephone: 415-756-4329
Contact: Not reported
Telephone: Not reported
City,State,Zip: CUPERTINO, CA 95014
Address 2: Not reported
Address: 20605 LAZANEO DRIVE
Name: APPLE INC (LAZANEO 1)
Generator EPA ID: CAD981386246
Manifest Number: 014565126FLE
Receipt Date: 10/12/2020
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Map ID MAP FINDINGS
Direction
Distance EDR ID Number
Elevation Site Database(s) EPA ID Number
Contact: Not reported
Telephone: Not reported
City,State,Zip: CUPERTINO, CA 95014
Address 2: Not reported
Address: 20605 LAZANEO DRIVE
Name: APPLE INC (LAZANEO 1)
Generator EPA ID: CAD981386246
Manifest Number: 014565094FLE
Receipt Date: 10/8/2020
Shipment Date: 9/11/2020
Shipment Date: 9/11/2020
EM Manifest ID: Not reported
Year: 2020
Quantity Unit: P
Waste Quantity: 155
Quantity Tons: 0.0775
Meth Code: H141 - Not reported
RCRA Code: D007
Waste Code Description: 352,513 - Not reported
TSDFA EPA ID: Not reported
TSDF Telephone: Not reported
TSDF City,State,Zip: AZUSA, CA 91702
TSDF Address 2: Not reported
TSDF Address 1: W FIRST ST
TSDF Name: VEOLIA ES TECHNICAL SOLUTIONS LLC
TSDF EPA ID: CAD008302903
Transporter 2 Emergency Number: Not reported
Transporter Name 2: VEOLIA ES TECHNICAL SOLUTIONS CORP
Transporter 2 EPA ID: NJD080631369
Transporter 1 Emergency Number: Not reported
Transporter Name: ADVANCED CHEMICAL TRANSPORT
Transporter 1 EPA ID: CAR000070540
Contact Email: Not reported
Contact Telephone: 415-756-4329
Contact: Not reported
Telephone: Not reported
City,State,Zip: CUPERTINO, CA 95014
Address 2: Not reported
Address: 20605 LAZANEO DRIVE
Name: APPLE INC (LAZANEO 1)
Generator EPA ID: CAD981386246
Manifest Number: 014565094FLE
Receipt Date: 10/8/2020
Shipment Date: 9/11/2020
Shipment Date: 9/11/2020
EM Manifest ID: Not reported
Year: 2020
Quantity Unit: P
Waste Quantity: 2800
Quantity Tons: 1.4
Meth Code: H141 - Not reported
RCRA Code: Not reported
Waste Code Description: 343 - Not reported
TSDFA EPA ID: Not reported
TSDF Telephone: Not reported
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Map ID MAP FINDINGS
Direction
Distance EDR ID Number
Elevation Site Database(s) EPA ID Number
Quantity Unit: P
Waste Quantity: 93
Quantity Tons: 0.0465
Meth Code: H141 - Not reported
RCRA Code: D007
Waste Code Description: 352,513 - Not reported
TSDFA EPA ID: Not reported
TSDF Telephone: Not reported
TSDF City,State,Zip: AZUSA, CA 91702
TSDF Address 2: Not reported
TSDF Address 1: W FIRST ST
TSDF Name: VEOLIA ES TECHNICAL SOLUTIONS LLC
TSDF EPA ID: CAD008302903
Transporter 2 Emergency Number: Not reported
Transporter Name 2: VEOLIA ES TECHNICAL SOLUTIONS CORP
Transporter 2 EPA ID: NJD080631369
Transporter 1 Emergency Number: Not reported
Transporter Name: ADVANCED CHEMICAL TRANSPORT
Transporter 1 EPA ID: CAR000070540
Contact Email: Not reported
Contact Telephone: 415-756-4329
Contact: Not reported
Telephone: Not reported
City,State,Zip: CUPERTINO, CA 95014
Address 2: Not reported
Address: 20605 LAZANEO DRIVE
Name: APPLE INC (LAZANEO 1)
Generator EPA ID: CAD981386246
Manifest Number: 014565054FLE
Receipt Date: 9/21/2020
Shipment Date: 8/29/2020
Shipment Date: 8/29/2020
EM Manifest ID: Not reported
Year: 2020
Quantity Unit: P
Waste Quantity: 852
Quantity Tons: 0.426
Meth Code: H141 - Not reported
RCRA Code: Not reported
Waste Code Description: 343 - Not reported
TSDFA EPA ID: Not reported
TSDF Telephone: Not reported
TSDF City,State,Zip: AZUSA, CA 91702
TSDF Address 2: Not reported
TSDF Address 1: W FIRST ST
TSDF Name: VEOLIA ES TECHNICAL SOLUTIONS LLC
TSDF EPA ID: CAD008302903
Transporter 2 Emergency Number: Not reported
Transporter Name 2: VEOLIA ES TECHNICAL SOLUTIONS CORP
Transporter 2 EPA ID: NJD080631369
Transporter 1 Emergency Number: Not reported
Transporter Name: ADVANCED CHEMICAL TRANSPORT
Transporter 1 EPA ID: CAR000070540
Contact Email: Not reported
Contact Telephone: 415-756-4329
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Map ID MAP FINDINGS
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Distance EDR ID Number
Elevation Site Database(s) EPA ID Number
TSDF EPA ID: CAT080013352
Transporter 2 Emergency Number: Not reported
Transporter Name 2: Not reported
Transporter 2 EPA ID: Not reported
Transporter 1 Emergency Number: Not reported
Transporter Name: ADVANCED CHEMICAL TRANSPORT INC. DBA ACTENVIRO Transporter 1 EPA ID: CAR000070540
Contact Email: Not reported
Contact Telephone: 408-904-9872
Contact: Not reported
Telephone: Not reported
City,State,Zip: CUPERTINO, CA 95014
Address 2: Not reported
Address: 20605 LAZANEO DRIVE
Name: APPLE INC
Generator EPA ID: CAD981386246
Manifest Number: 014565004FLE
Receipt Date: 8/31/2020
Shipment Date: 8/24/2020
Shipment Date: 8/24/2020
EM Manifest ID: Not reported
Year: 2020
Quantity Unit: P
Waste Quantity: 1100
Quantity Tons: 0.55
Meth Code: H141 - Not reported
RCRA Code: Not reported
Waste Code Description: 343 - Not reported
TSDFA EPA ID: Not reported
TSDF Telephone: Not reported
TSDF City,State,Zip: AZUSA, CA 91702
TSDF Address 2: Not reported
TSDF Address 1: W FIRST ST
TSDF Name: VEOLIA ES TECHNICAL SOLUTIONS LLC
TSDF EPA ID: CAD008302903
Transporter 2 Emergency Number: Not reported
Transporter Name 2: VEOLIA ES TECHNICAL SOLUTIONS CORP
Transporter 2 EPA ID: NJD080631369
Transporter 1 Emergency Number: Not reported
Transporter Name: ADVANCED CHEMICAL TRANSPORT
Transporter 1 EPA ID: CAR000070540
Contact Email: Not reported
Contact Telephone: 415-756-4329
Contact: Not reported
Telephone: Not reported
City,State,Zip: CUPERTINO, CA 95014
Address 2: Not reported
Address: 20605 LAZANEO DRIVE
Name: APPLE INC (LAZANEO 1)
Generator EPA ID: CAD981386246
Manifest Number: 014565054FLE
Receipt Date: 9/21/2020
Shipment Date: 8/29/2020
Shipment Date: 8/29/2020
EM Manifest ID: Not reported
Year: 2020
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Map ID MAP FINDINGS
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Distance EDR ID Number
Elevation Site Database(s) EPA ID Number
Name: APPLE INC (LAZANEO 1)
Generator EPA ID: CAD981386246
Manifest Number: 012673420FLE
Receipt Date: 9/26/2019
Shipment Date: 9/6/2019
Shipment Date: 9/6/2019
EM Manifest ID: 779296
Year: 2019
Additional Information: