Cupertino Health & Safety Element Update – Councilmember Comments and Responses 1 Topic / Section Comments and source Staff Comments and Recommendation Emergency
Management as a
Pillar
Commissioner: Add emergency
management and operations as an
explicit pillar in the “Looking
Forward” section (page 50).
Add “Emergency Management and
Operations” as a pillar in the Looking
Forward section (see Page 50 of draft
Element).
Mandatory vs.
Discretionary
Language
Public: Draft uses flexible, non-binding
verbs like "encourage," "support,"
"consider," and "where feasible".
Systematically review and transition
key safety policies from discretionary
to mandatory, non-discretionary, and
objective standards (e.g., dual access,
Phase I ESAs, PFAS limits, and Zone 0
perimeters).
While the draft was prepared with the
suggested framework and does consider
the mandatory vs. flexible nature of
policies and strategies depending on the
topic, staff has gone through the draft
again and has proposed some additional
edits throughout the draft as applicable
(see highlighted text on various pages of
draft Element).
Annual Element
Implementation
Reporting
Public: Mandate an annual Health and
Safety Element implementation report
delivered publicly to the Planning
Commission to track time-bound
strategy completions, monitoring data,
and evacuation planning progress.
Such reports are already required as
part of the City’s annual General Plan
progress report. No changes
recommended.
Groundwater
PFAS
Protections
Public: Goal HS-5 addresses
hazardous materials generally but
does not explicitly name PFAS.
Add an explicit strategy directing the
City to partner with Valley Water and
the RWQCB to monitor, map, and
communicate PFAS contamination in
Cupertino's basin, and require
disclosure in CEQA/environmental
review documents.
The State Water Quality Control Board
has established notification and
response levels for multiple types of
PFAS. Public water systems must
conduct monitoring, publicly report
results, and conduct treatment activities
as needed. This regulation currently
covers PFOA, PFOS, PFBS, PFHxS, and
PFHxA. The State also plans to establish
similar standards for PFHpA.
Staff recommends a new Policy (HS-
1.9.1) with associated strategy related to
PFAS contamination. (See page 54 of the
Draft Element)
Cumulative
Health Impacts
Public: Draft addresses noise, hazards,
heat, and fire in separate silos without
examining combined impacts on
sensitive groups.
Add a Climate-Integrated Cumulative
Health Impacts section mapping
where multiple hazards overlap (e.g.,
The “Climate Change Resilience”
section notes the increased risks
associated with overlapping hazards.
Staff will explore preparation and
inclusion of figures that illustrate
overlapping hazards.
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 2 Topic / Section Comments and source Staff Comments and Recommendation freeway corridors with concurrent
high noise and severe urban heat
island exposure) to prioritize
mitigation investments.
As is current practice, the City’s online
mapping platform
(
https://gis.cupertino.org/servicefinder/)
will be updated to include the updated
maps in the HSE, including constrained
residential parcels and all hazard maps.
The City will also update the online
mapping platform to include best
available spatial data for extreme heat
exposure. This has been added as a new
strategy HS-2.7.6 (see page 58 of draft
Element)
Evacuation Map
Usability &
Communication
Public: 34 PDF evacuation maps
(CUP-E001 to E034) exist but lack
neighborhood labels or contextual
references.
(a) Label evacuation maps with
neighborhood names, major
intersections, and landmarks; (b)
publish an interactive, address-
searchable online zone tool ; and (c)
conduct annual outreach.
Overlapping Commissioner
Discussion: Communicate and
publish information about who Block
Leaders are, as there are concerns that
the Block Leader program is
underrepresented and under-
published.
While the specific comment relates to
maps found in the Emergency
Operations Plan and not the proposed
Health and Safety Element, staff
proposes the following. The City’s
online mapping platform
(
https://gis.cupertino.org/servicefinder/)
will be updated to include the maps
updated in the HSE, including
constrained residential parcels, and a
new strategy is proposed (HS-2.12.1) to
maintain the availability of evacuation
mapping information online (see Page
60 of draft element). In addition,
Planning staff has shared feedback
related to the mapping concerns
identified in this comment with
Emergency Management staff.
Revisions proposed to address
promotion of the Block Leader Program
(HS-2.4.7 and HS-2.4.8). (see page 56 of
the draft Element)
Increase public
awareness
Fruen: Provide increased public
awareness of wildfire, earthquake, and
evacuation issues.
Add a specific strategy or program to
increase public awareness of wildfire
Staff recommends revising proposed
Policy HS-2.8.and Strategy HS-2.8.1 to
address outreach and resilience to all
hazards for inclusion of wildfire,
earthquake risk, and evacuation routes.
(See page 58 of the draft Element)
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 3 Topic / Section Comments and source Staff Comments and Recommendation and earthquake risk and evacuation
routes.
School & Visitor
Evacuation
Coordination
Chao: Evacuation communication/
coordination with school districts and
visitors is not fully integrated.
Add new Policy " School and Visitor
Evacuation Coordination
Coordinate with schools, parks,
preserves, golf courses, and open-
space managers in the evacuation area
to prepare site-specific evacuation
plans, parent reunification plans, bus
or shuttle staging plans, and traffic-
control protocols."
Overlapping Commissioner
Discussion: Expand communication
channels for emergency operations to
include schools and the senior center.
Schools are required to have evacuation
plans in place, including providing
sufficient transportation for students
and procedures on how to handle
reunification with parents or guardians.
The City can continue to support
coordination and education. New
strategies proposed (HS-2.8.1 and HS-
2.12.2) to target distribution of
emergency management materials to
schools and through City channels and
to coordinate directly with schools,
parks, golf courses, etc. (see pages 58
and 60 of the draft Element)
Emergency
Vehicle Access,
Evacuation and
Infrastructure
projects
Chao: Add standards for city
infrastructure projects involving
roadway changes.
Add new policy: Emergency Access
Standards for City Infrastructure
Projects Involving Roadway Changes
City infrastructure projects involving
roadway changes, including lane
narrowing, road diets, protected bike
lanes, raised bike-lane dividers,
medians, curb extensions, traffic
calming, resurfacing, restriping, or
other changes to the public right-of-
way, shall maintain adequate
emergency vehicle access, fire
apparatus access, ambulance access,
and emergency vehicle maneuvering.
Such projects shall meet applicable
California Fire Code, California Fire
Safe Regulations, Santa Clara County
Fire Department standards, and City
standards for unobstructed roadway
Staff and City consultants follow
applicable federal, State, and municipal
requirements and guidance when
designing and constructing roadway
and mobility infrastructure projects. In
addition to ensuring roadway and
related mobility infrastructure design
and construction conform to federal,
State, and local regulations, policies, and
codes, emergency responders serving
the City currently evaluate all proposed
changes to City roadways to ensure the
changes do not conflict with emergency
ingress and egress, including response
times.
In addition to complying with
regulations, policies, codes, and
professional guidance, all City projects
are planned, designed, and constructed
to meet multiple City goals, including
those found in other elements of the
General Plan; the Health and Safety
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 4 Topic / Section Comments and source Staff Comments and Recommendation width, vertical clearance, grade,
turning radius, right-turn movements,
turnaround access, load-bearing
surface, fire-lane parking controls,
hydrant access, and emergency vehicle
maneuvering.
No raised divider, curb extension,
median, traffic-calming device, or
protected bike-lane barrier shall be
installed where it would prevent the
design fire apparatus or ambulance
from meeting required turning
movements, right-turn movements,
turnaround movements, or minimum
clear access width, unless the City
Council makes findings, based on
substantial evidence and after
consultation with the Santa Clara
County Fire Department, that
equivalent or improved emergency
access and emergency response
performance will be maintained
through other design or operational
measures.
Projects shall not reduce emergency
access, fire apparatus access,
ambulance access, emergency
response times, or evacuation route
capacity unless the City demonstrates,
in consultation with the Santa Clara
County Fire Department, that
equivalent or improved emergency
access and evacuation performance
will be maintained through other
design or operational measures.
For designated evacuation routes,
projects shall preserve the City’s
ability to implement temporary
evacuation traffic controls, including
managed outbound flow, lane
Element must maintain consistency with
other elements of the General Plan.
Staff does not recommend the proposed
changes due to the potential to conflict
with adopted regulations, policies, and
guidance; however, staff proposes
revisions to Strategy HS-2.11.1 to
reinforce the review of roadway projects
(see Page 59 of draft Element), to add a
new strategy HS-2.11.4 (see next item
and Page 59 of draft Element) to require
a citywide dynamic evacuation study,
revisions to HS-3.9 regarding access for
emergency response vehicles (see Page
65 of draft Element), and Policy HSE 4.4
regarding response times for emergency
responders (see Page 69 of draft
Element).
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 5 Topic / Section Comments and source Staff Comments and Recommendation conversion, turn restrictions,
emergency shoulder use, or other
evacuation operations.
Evacuation Route
Assessment &
Modeling
Moore: Strategy HS-2.3.3 calls for
periodic review using older planning-
level V/C ratio methodology with
year-2000 capacity data.
Require a Dynamic Traffic Assignment
(DTA) evacuation study updated to
reflect post-rezoning buildout
conditions by 2028, and repeat it with
each General Plan update. Model
time-to-safety, scenario simulations
(Red Flag, school-day, signal failure),
and phased evacuation.
Chao Add new Policy: "Evacuation
Route Capacity and Bottleneck
Reduction. Maintain and periodically
update an evacuation route capacity
assessment that evaluates evacuation
routes, roadway capacity, safety,
viability, evacuation locations, and
distance to evacuation gateways under
a range of emergency scenarios,
including wildfire, earthquake,
roadway closures, school-day
conditions, visitor activity, and power
outage conditions.
For purposes of this policy, an
evacuation route segment shall be
considered at capacity when its V/C
ratio is 1.0 or greater, over capacity
when its V/C ratio is 1.5 or greater,
severely over capacity when its V/C
ratio is 2.0 or greater, and a critical
bottleneck when its V/C ratio is 3.0 or
greater under any adopted evacuation
scenario.
The City shall prioritize mitigation,
operational strategies, and emergency
The draft does not have a Strategy HS-
2.3.3. A new strategy HS-2.11.4 is
proposed to conduct a Dynamic Traffic
Assignment evacuation study (see Page
59 of draft Element). The study
conducted under this proposed strategy
would evaluate all areas of Cupertino,
not only the fire hazard severity zones.
The City’s October 2025 evacuation
route study complies with the
requirements of the California
Government Code Section 65302.15,
which requires jurisdictions to evaluate
citywide evacuation routes - their
capacity, safety, and viability with any
update to the Safety Element, and is also
consistent with guidance from the
Governor’s Office of Land Use and
Climate Innovation.
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 6 Topic / Section Comments and source Staff Comments and Recommendation planning for route segments meeting
these thresholds, especially routes
serving neighborhoods with limited
evacuation alternatives, longer
distances to evacuation gateways,
schools, vulnerable populations, or
visitor-serving open-space areas.”
Councilmember Comment:
Councilmember Shelia Mohan
comments that the evacuation report
should provide evacuation solutions
for all parts of Cupertino.
Single-Egress
Parcels
Public: Draft does not explicitly
identify or inventory parcels with
constrained single-egress access.
Complete a GIS-based inventory of all
residential parcels in FHSZs with only
a single point of vehicular egress,
publish it publicly, and use it to
prioritize infrastructure investments.
A GIS-based inventory of constrained
residential parcels has been completed
as required by Government Code
Section 65302(g)(5). This requirement
applies with each review and update of
the Health and Safety Element, not less
than once every eight years. Most of the
ingress/egress constrained parcels are
located on a cul-de-sac.
Community education is already
addressed by Policy HS-2.12.
The use of the constrained residential
parcel analysis to inform infrastructure
investments is proposed to be addressed
in a new strategy (HS-2.11.5) (see Page
59 of the draft Element).
Dual
Ingress/Egress
Mandate
Moore: Current Policy HS-3.4.1 lists
"more than one point of ingress and
egress" as a plan requirement but does
not specify dimensions or mandate
enforcement.
Adopt objective standards requiring
that all new residential developments
of 5 or more units in High/Very High
Fire Hazard Severity Zones (FHSZs)
provide a minimum of two
independent, paved access points each
The 2025 State Building Standards Code,
effective January 1, 2026, includes a new
section, the Wildland-Urban Interface
(WUI) Code, which bring togethers State
requirements previously found in
various regulations into a single
location. The new WUI Code addresses
access (ingress/egress), site plans,
landscaping, irrigation, water supply,
ignition-resistant exterior building
materials and construction, vegetation
and defensible space, and similar issues.
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 7 Topic / Section Comments and source Staff Comments and Recommendation at least 20 feet wide as a non-
discretionary condition of approval.
Chao: Add evacuation route study
and mitigation when necessary
Revise language: Review in High and
Very High Fire Hazard Severity
Zones.
For proposed development in High
and Very High Fire Hazard Severity
Zones identified by CAL FIRE, prior to
issuance of the first permit, whether
ministerial or discretionary, plans
shall include, at a minimum:
• Site plan, planting plan, planting
palette, and irrigation plan with
designs to reduce the risk of fire
hazards and with consideration of
site conditions, including slope,
structures, and adjacencies.
• Development and maintenance of
defensible space.
• More than one point of ingress
and egress to improve
evacuation, emergency response,
and fire equipment access, and
adequate water infrastructure for
water supply and fire flow that
meets or exceeds the standards in
the California State Minimum
Fire Safe Regulations, including
Subchapter 2, Articles 1–
5, commencing with Section 1270,
and Subchapter 3, Article 3,
commencing with Section
1299.01.
• An evacuation-route assessment
when the project would add
residential units, increase
occupancy, or intensify land use
in an area served by an
evacuation route segment
These standards apply to structures in
the relevant Fire Hazard Severity Zones,
and select standards also apply to
additions and remodels. Some WUI
Code standards may only apply to the
Very High Fire Hazard Severity Zones,
while others may apply to the High
zones, or to all three zones (Very High,
High, and Moderate). Project applicants
must comply with the applicable
requirements of the building code,
residential code, fire code, and WUI
code in addition to other requirements
in the City’s Municipal Code and
General Plan. Many of the suggested
revisions for development in the High
and Very High FHSZ are required by
one or more parts of the Building
Standards Code.
Staff recommends revisions to Policies
HS-2.13, HS-2.14 and HS-2.15 to address
evacuation-related recommendations
not covered by the code or other
proposed HSE policies or strategies (see
Policy HS-2.15 has been combined with
HS-2.13. The proposed revisions clarify
when secondary ingress/egress is
required (new development in certain
areas) and when it is encouraged
(existing development in evacuation
constrained areas and new development
outside of certain areas).
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 8 Topic / Section Comments and source Staff Comments and Recommendation classified as at capacity or over
capacity under the City’s adopted
evacuation route capacity
assessment. For purposes of this
review, an evacuation route
segment shall be considered at
capacity when the V/C ratio is 1.0
or greater, over capacity when the
V/C ratio is 1.5 or greater,
severely over capacity when the
V/C ratio is 2.0 or greater, and a
critical bottleneck when the V/C
ratio is 3.0 or greater.
• Where a project would add
evacuation demand to an at-
capacity or over-capacity route,
plans shall identify feasible
measures to avoid, reduce, or
offset added evacuation
constraints, such as additional
ingress and egress, emergency
access improvements, site design
changes, evacuation management
plans, parking management,
traffic-control measures, or
evacuation-route improvements.
• Class A roofing assemblies for
new and replacement roofs.
• Location and source of
anticipated water supply.”
Overlapping Commissioner
Discussion: Consider requiring
secondary access (ingress/egress) for
new development rather than
encouraging it (Policy HS-2.14).
Clarify whether this means two
different exit points from a
development or access to two different
streets. Be clear about the specific
number of residential units where this
applies.
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 9 Topic / Section Comments and source Staff Comments and Recommendation Councilmember comment: (Shelia
Mohan) suggested that Policy HS-2.13
be “encourage” rather than “require”.
Street-Level
Modeling for
High V/C FHSZs
Moore: Draft Does not distinguish
between evacuation zones inside/
outside FHSZs for modeling depth.
Add a strategy requiring street-level
traffic modeling for any evacuation
zone within a Moderate, High, or Very
High FHSZ that has a V/C ratio
exceeding 1.0, calling out Zones
CUP016, CUP017, CUP029, and
CUP032 for immediate priority.
Staff recommends that this be addressed
through a future dynamic traffic
assignment evacuation study (see
above) (see Page 59 of draft Element).
No additional changes are
recommended.
Development
Review &
Evacuation
Thresholds
Public: For projects of 10+ units in
High/Very High FHSZs, require
applicants to demonstrate via traffic
analysis that the project won't degrade
time-to-safety performance below an
established threshold (e.g., 90% of
residents reaching safety within 60
minutes of a Red Flag Warning).
Chao: Add new policy: "Development
Review in Evacuation-Constrained
Areas. Require discretionary
development in wildfire hazard areas
or evacuation-constrained areas to
evaluate whether the project would
increase evacuation demand on any
evacuation route segment classified as
at capacity, over capacity, severely
over capacity, or a critical
bottleneck under the City’s adopted
evacuation route capacity assessment.
Where a project would add evacuation
demand to such a route segment, the
City shall require feasible measures to
avoid, reduce, or offset added
evacuation constraints, such as
improved emergency access, site
design changes, evacuation
Staff recognizes the importance of
clarifying what types of projects would
be required to provide more than one
egress/ingress route and to conduct
evacuation analyses. Staff proposes a
new Policy (HS-2.16) and associated
strategy related to Evacuation Route
Assessment that complement proposed
revisions to Strategies HS 2.11.4 and HS
2.11.5 and Policies HS-2.13, HS-2.14 and
HS-2.15 (see Pages 59-61 of draft
Element).
Staff does not recommend including
mitigation measures in the strategy as
the best practices for addressing
evacuation demand will change over
time as improvements are made and
community conditions change. At this
time, staff recommends that the specifics
of evacuation times and thresholds be
evaluated and established at the time of
completion of the dynamic traffic
assignment evacuation study (new
strategy HS-2.11.4 proposed, see Page 59
of draft Element)
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 10 Topic / Section Comments and source Staff Comments and Recommendation management plans, traffic-control
measures, parking management,
transportation demand management,
one-car-per-household evacuation
planning, shelter-in-place or nearby
shelter strategies where appropriate,
or contributions to evacuation-route
improvements."
Overlapping Commissioner
Discussion: Consider establishing
clear thresholds on the level of
development which triggers
evacuation route requirements, and
whether clearer thresholds are needed
across the Element (Policy HS-2.11).
Zone 0 Non-
Combustible
Perimeters
Moore: Draft references defensible
space generally but lacks the 5-foot
ember-resistant perimeter from 2021
CAL FIRE updates.
Add a strategy under Policy HS-3.4 or
Policy 3.7 explicitly requiring a 5-foot
Zone 0 non-combustible perimeter for
all new construction and significant
remodels in Moderate, High, and Very
High FHSZs.
Overlapping Commissioner
Discussion: Clarify triggers on
wildfire safety requirements related to
remodels vs. new build/construction
(Policy HS-3.4.1).
These details are typically in
implementation documents such as
Ordinances, including Section 604 of the
California Wildland-Urban Interface
Code, incorporated into the Cupertino
Municipal Code as Chapter 16.10.
California law requires that Zones 1 (out
to 30 feet around a home, removal of
debris and flammable materials) and 2
(30 to 100 feet around a home, removal
of debris and limits to flammable
materials) defensible space be
established by new development and
maintained by existing development.
The Zone 0 (ember-resistant zone, out to
5 feet around a home) requirements,
which are currently being developed by
the California Board of Forestry and Fire
Protection, would require Zone 0 to be
established and maintained for all new
development immediately, and would
have to be established and maintained
for all existing development within 3-5
years.
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 11 Topic / Section Comments and source Staff Comments and Recommendation A new Policy HS-3.9.2 (see Page 65 of
draft Element) is recommended to
reinforce the City’s commitment to
apply State and Municipal Code
requirements in the various Fire Hazard
Severity Zones.
Wildfire
Development
Standards
Mohan: Prohibiting or avoiding
additional residential developments in
Fire Severity Zones may contradict
State Housing laws. Suggest the report
include the reality that laws may be
contrary to City policy.
The City’s General Plan is the
appropriate policy document to direct
where and how the City should
develop, and how resources should be
used to support that development.
To ensure that the proposed Health and
Safety Element does not contradict State
regulations in place now or in the
future, staff proposes revisions to
Policies HS-3.5 and HS-3.6. (see Page 64
of the draft Element) Staff also proposes
revisions to HSE Policies 3.4, 3.8, and 3.9
to remove unnecessary detail and to
ensure compliance with State and
Municipal Code requirements in Fire
Hazard Severity Zones (see Pages 63-65
of the draft Element).
Support for
Defensible Space
and Home
Hardening
Fruen: Include a home-hardening,
defensible space, and wildfire
resilience strategy that commits the city
to exploring means for providing
financial assistance to residents,
especially those on restricted incomes,
to improve their homes' resistance to
wildfire spread. Such a strategy could
include direct grants, the establishment
of a low-interest loan fund, and
subsidies for brush abatement, among
other options.
Staff recommends the addition of a new
strategy (see Page 64 of draft Element).
Emergency
Vehicle Access
Chao: Revise language: Require
proposed development to provide
adequate access for fire and
emergency vehicles and equipment
that meets or exceeds the California
It is not recommended that all current
requirements of the relevant state
standards be listed in General Plan
policies since these state requirements
may change over time.
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 12 Topic / Section Comments and source Staff Comments and Recommendation State Fire Safe Regulation standards,
Santa Clara County Fire Department
standards, and City standards. These
standards are found in two parts of the
California Fire Safe Regulations
(California Code of Regulations, Title
14, Division 1.5, Chapter 7):
Subchapter 2, Articles 1-5
(commencing with Section 1270, SRA
Fire Safe Regulations); and Subchapter
3, Article 3 (commencing with Section
1299.01, Fire Hazard Reduction
Around Buildings and Structures
Regulations). Developments must also
comply with the applicable provisions
of the California Fire Code (California
Code of Regulations, Title 24, Part 9) to
ensure fire safety measures, including
emergency access, fire protection
systems, and defensible space
requirements, align with statewide fire
prevention standards and include
adequate unobstructed roadway
width, vertical clearance, grade,
turning radius, turnarounds, load-
bearing surface, fire lane parking
controls, and emergency access
easements, as applicable, to allow fire
engines and aerial apparatus to safely
access and maneuver, including right-
turn and turnaround movements, as
approved by the Fire Code Official.
For development in Fire Hazard
Severity Zones, hillside areas,
evacuation-constrained areas, or areas
served by private or dead-end roads,
require confirmation that fire engines
and aerial apparatus can safely access
and maneuver on-site and off-site,
including right-turn and turnaround
movements, through compliance with
When the draft Element was prepared
in late 2025, the updated Wildland
Urban Interface (WUI) Code had not yet
been adopted by the State, which is why
several separate and various sections of
the Fire Code were referenced in the
proposed policy, based on the
Consultant’s prior experience with Cal
Fire staff’s review. However, the WUI
Code was adopted by the State in
January 2026. As a result, staff proposes
revisions to simplify Policy HS-3.9 (see
Policy HS-3.14 and associated strategies
(see Page 67 of draft Element) already
address fire safe roadways. No other
changes are recommended.
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 13 Topic / Section Comments and source Staff Comments and Recommendation adopted fire access standards or a
turning-movement analysis approved
by the Fire Code Official.
Firefighting
infrastructure
Wang: Specify a minimum flow rate
for fire hydrants of 1,000 gallons per
minute at 20 pounds per square inch
with a dual port “steamer” connection,
that hydrants be “steamer” hydrants
with 4 ½-inch and 2 ½-inch outlets,
that water suppliers upgrade pipes as
needed to accommodate these
hydrants, that hydrants be spaced
apart 500-800 feet as density demands,
that the hydrants be positioned on a
hard all-weather surface with a clear
radius around it, and that hydrant
locations be marked with a reflective
blue marker in the center of the road
or other location
Policies HS-3.11, HS-3.12, and HS-3.13
(see Pages 66-67 of draft Element) and
associated strategies already address
and require adequate water supply by
referencing the standards and
requirements of the Fire Department.
Adequate water supply and minimum
flow are also a requirement of the
California WUI Code, incorporated into
the Cupertino Municipal Code as
Chapter 16.10. No changes are
recommended.
Evacuation
Corridor Design
Standards
Chao: Evacuation Corridor Design
Standards not explicitly detailed for
specific roadway geometric
configurations.
Add new policy: Evacuation Corridor
Design Standards. When resurfacing,
redesigning, or improving critical
evacuation corridors, evaluate design
treatments that preserve or increase
emergency evacuation capacity, such
as mountable or painted medians,
emergency shoulder use, emergency
vehicle access features, traffic signal
backup power, and designs that can
support temporary traffic control
during evacuations.
Staff and City consultants follow
applicable federal, State, and municipal
requirements and guidance when
designing and constructing roadway
and mobility infrastructure projects. In
addition to ensuring roadway and
related mobility infrastructure design
and construction conform to federal,
State, and local regulations, policies, and
codes, emergency responders serving
the City currently evaluate all proposed
changes to City roadways to ensure the
changes do not conflict with emergency
ingress and egress, including response
times. No changes are recommended.
New Public
Safety Facilities
Mohan: Remove Strategy HS-1.3.4, as
infrastructure and operational issues
for the Santa Clara County Fire
Department and the Sheriff's
Department are not evaluated by the
City. Both fall under the authority of
The strategy does not suggest that the
City has any direct authority or
decision-making abilities on these items.
It calls for coordination with relevant
agencies. No changes are recommended.
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 14 Topic / Section Comments and source Staff Comments and Recommendation the County. HS 1.3 refers to Public
Agency Cooperation, but it is not
realistic to assume the City will have a
role in decision making pertaining to
infrastructure.
Law
Enforcement
Response Times
Commissioner comment: Clarify
emergency response standards for law
enforcement response times under
Policy HS-4.4.
Staff prepared the policies and strategies
related to response times in
coordination with the Santa Clara
Sheriff’s office and Fire Department,
based on information provided by those
agencies. Details on the current response
times are provided in the text on pages
5, 6, and 8 of the draft Element.
Staff recommends a revision to Policy
HS-4.4 (see Pages 69-70 of draft
Element) to focus on police services and
move Fire Department response time
language to Policy 3.2 (see Page 62 of
draft Element).
Carbon-neutral
resilience
Fruen: Provide a specific strategy to
offset any loss to carbon-fixing
vegetation as part of the creation of
defensible space in FHSZs to align
HSE policies, strategies, and programs
with the city's Climate Action Plan 2.0,
and the city's planned tree canopy
council work program item.
The City’s Climate Action Plan (CAP)
includes several specific measures to
improve health and safety by reducing
greenhouse gas emissions to enhance
climate resilience.
Staff recommends a new policy HS-9.11
and two new strategies (see Page 83 of
the draft Element) to align the General
Plan Health and Safety Element with the
CAP 2.0 (see Page 88 of draft Element).
The proposed policy and draft strategies
aim to enhance carbon sequestration.
Seismic Retrofit
of City Hall /
EOC
Public: Seismic Retrofit of City
Hall/EOC is not “required.”
Add an objective strategy to complete
a full seismic retrofit of City Hall and
the Torre Annex to Essential Facility
standards (CBC Occupancy Category
IV) with a funded capital
improvement plan adopted by 2027.
Recommend revising Strategy HS-2.3.1
related to seismic retrofits of City
facilities, including City Hall and the
Torre Annex (see Page 55 of draft
Element).
Phase I & II
Environmental
Public: Policy HS-5 calls for agency
coordination but does not mandate
Strategy HS-6.2.1 in the draft Element
already requires that environmental site
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 15 Topic / Section Comments and source Staff Comments and Recommendation Site Assessments
(ESAs)
site assessments as a condition of
development approval.
Require a Phase I ESA prior to
entitlement approval for any
development application on a parcel
with a documented history of
industrial or commercial land use, and
a Phase II ESA if recognized
environmental conditions are found.
assessment, which includes Phase I and
Phase II ESA (if required), be completed
prior to project approval for all
properties.
Staff recommends new language to
clarify the intention and application of
the strategy (see Page 73 of the draft
Element).
Hazardous
Materials
Thresholds &
Regulations
Public: No numeric cleanup
thresholds set in connection with
development approvals.
Prohibit certificates of occupancy for
residential use on previously
contaminated sites until
soil/groundwater contaminants are
remediated to or below California
Human Health Screening Levels
(CHHSL) for residential use,
referencing PFAS, PCE, and TCE.
Overlapping Commissioner
Discussion: Consider incorporating
federal (EPA) standards for hazardous
materials management.
The City is obligated to implement
federal, State, and County regulations
related to hazardous materials
management. These regulations may
change and it is not advisable to add the
requested prohibition of uses. Staff
recommends a new strategy that
continues the City’s enforcements of
these requirements (see Page 74 of draft
Element).
Flood Safety &
FEMA Ratings
Commissioner Comment: Add
language about maintaining and
improving the City’s FEMA
Community Rating System (CRS)
score, noting that the City has recently
improved its rating.
paragraph about the CRS program. Staff
recommends adding information about
the City’s updated CRS rating in the
paragraph as requested (see edits on
page 35 and 36 of draft Element).
Strategy HS-7.4.3 directs the City to
continue participation in the National
Flood Insurance Program CRS rating
system. No changes are proposed to
policies and strategies.
State Extreme
Heat Action Plan
Commissioner Comment: Integrate
appropriate actions from the 2026
draft California Extreme Heat Action
Plan into the Health and Safety
Element.
Staff reviewed the State’s draft update
of the Extreme Heat Action Plan. Most
actions are focused on State authorities
and programs. It is recommended that
only those new actions that do not
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 16 Topic / Section Comments and source Staff Comments and Recommendation overlap with other existing policies,
address matters that are within the
City’s purview, and are of appropriate
scope for the General Plan be integrated
into the Health and Safety Element. (see
Policies 9.4 revised or new Strategies
9.4.1, 9.4.2, and 9.4.3 on Page 81 of the
draft Element
While the Vulnerability Assessment
prepared for this Health and Safety
Element update relied on best,
currently, available data and identified
populations and assets vulnerable to
extreme heat, spatial data for
identification of vulnerable populations
is limited due to limited data sources.
However, as the State expands its
resources for extreme heat, staff expect
future updates of the Vulnerability
Assessment will include better spatial
data on vulnerable populations and
neighborhoods, allowing for more
tailored policy and program responses.
Artificial Turf &
Synthetic
Surfaces
(Hazmat/Heat) -
Moore/Public: Draft Element does not
mention artificial turf or synthetic
surfaces.
Hazmat: Prohibit new City-funded
installations of artificial turf or
poured-in-place rubberized surfaces
on public property, parks, and schools;
inventory existing turf for PFAS and
replace with natural/PFAS-free options
at end-of-life; discourage residential
use via public education.
Moore: Stormwater/Microplastics:
Require microplastics impact analysis
for new synthetic installations on
public property; note that synthetic
surfaces shed microplastics into
stormwater.
Staff recommends adding a new
strategy HS-9.5.5 (see Page 82 of draft
Element) that would direct City
resources to assess the impacts and
considerations with use of artificial turn
or poured-in-place rubberized surfaces
and to then update the municipal code
or City policies, as needed. The
assessment of artificial turf and specific
triggers is outside the scope of this
update.
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 17 Topic / Section Comments and source Staff Comments and Recommendation Moore: Heat Risk: Note surface
temperature hazards (160–180°F) as an
extreme heat risk under Policy HS-9.4.
Cooling Center
Performance
Standards
Moore: Require completion of the
Heat Action Plan within 18 months,
ensuring no resident is $>1$ mile from
a cooling center. Mandate minimum
hours (8 AM–8 PM) when
temperatures exceed 95°F, require
ADA accessibility, incorporate
transportation assistance, and partner
with school districts (CUSD/FUHSD)
for gym access.
A source of state climate data, the
California 5th Climate Change
Assessment will be available in Fall
2026, and it is recommended that the
City wait on this updated information
before establishing extreme temperature
thresholds.
Revisions are proposed to Strategy HS-
9.4.1 to clarify the Heat Action Plan
would be an annex of the Emergency
Operations Plan to allow an assessment
of a temperature threshold, operation of
cooling centers, and coordination with
community service providers,
emergency managers, and public health
staff (see Page 81 of draft Element).
Green Roofs &
Living Walls
Moore: Policy 9.9 encourages nature-
based solutions but features no explicit
metrics or targets
Target green roofs or living walls on at
least 25% of qualifying new
commercial and multi-family
developments of 20,000 sq ft or more,
tracking citywide cool-surface
coverage.
California law requires that all new
roofs meet minimum thermal
requirements to minimize heat
absorption and their contributions to
heat islands (Title 24, Part 6, Sections
110.8, 120.7, 140.3, and 160.1, among
others). There are also voluntary
standards for vegetated roofs and walls
in Title 24, Part 11. No changes are
recommended.
Public Space
Cooling
Infrastructure
Moore: Strategies target shading at
transit stops and parking lots, but skip
active cooling in public gathering
spots.
Install active cooling (misting/
evaporative features) paired with
shade structures in high-use public
hubs like town centers, parks, and
school-adjacent zones, prioritizing
senior and youth traffic.
Typical single family residential
developments do not include parking
lots, though multifamily development
could have parking areas. Staff
recommends revisions that would align
development related strategies with a
new policy for clarify and to split the
previous strategy into three strategies to
address different development types –
new non-residential and multi-family
development, existing non-residential
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 18 Topic / Section Comments and source Staff Comments and Recommendation Overlapping Commissioner
Discussion: Clarify that shading
requirements apply only to parking
lots and commercial development, not
residential development (Policy HS-
9.4.2).
and multi-family development, and
existing parking lots (see Page 81 of
draft Element).
VTA
Rubberized
Asphalt
Advocacy
Moore: Add a strategy explicitly
directing the City to formally advocate
with VTA for the use of rubberized
asphalt on I-280 within Cupertino’s
geographic limits.
The draft Element has a policy to
minimize noise when the freeways are
designed or improved. However, to
address this comment Staff
recommends revising Policy HS-8.4 (see
page 78 of draft Element).
Truck Traffic
Noise Standards
Moore: Policy HS-8.7 restricts truck
hours on major boulevards but relies
on 24-hour average CNEL standards,
obscuring single-event peaks.
Add a strategy establishing a
Maximum Noise Level ($L_{max}$)
standard not to exceed 65 dB for
industrial trucks operating in or
adjacent to residential zones between
10 PM and 6 AM.
Overlapping Commissioner
Discussion: Consider establishing
objective noise standards for trucks in
residential areas.
Policy HS-8.7 does not reference 24-hour
average CNEL standards. Also, while
noise standards for trucks may not be
practical to implement and enforce,
ensuring that new development is
designed to implement indoor noise
standards in the Building Code is more
practical.
The draft Health and Safety Element
includes a policy to post signage in the
right of way for routes accessible to
quarry trucks to establish “quiet hours.”
This could be used to regulate truck
activity to the extent permitted by state
law. Revisions are proposed to Policy
HS-8.2.2 to ensure that Building Code
requirements are implemented related
to interior noise standards (see page 77
in draft Element).
Noise
Environment
Mohan: Mention lawn mowers and
leaf blowers in the Noise section.
The City’s Municipal Code includes
regulations regarding noise generating
lawn equipment, including lawn
mowers and leaf blowers. A new policy
HS-8.9 is proposed to reference these
standards (see page 79 of draft Element).
Freeway Corridor
Noise Barriers -
Moore: Policy HS-8.4 mentions
rubberized asphalt but lacks systematic
The sponsorship process for evaluation
related to soundwalls is established by
VTA and Caltrans. Two new strategies
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 19 Topic / Section Comments and source Staff Comments and Recommendation noise barrier evaluation or Caltrans
advocacy language.
Direct the City to formally request a
Caltrans eligibility evaluation under
the Retrofit Noise Barrier Program for
I-280 and SR-85 within 12 months.
Evaluate alternative buffers (sound
fences, acoustic panels, vegetation)
where soundwalls are geometrically
infeasible.
are proposed to be added to address
freeway soundwalls (see Page 78 of
draft Element).
Interchange Zone
Noise Mitigation
Public: Does not specifically address
noise exposure gaps at freeway
interchanges where soundwall
geometry is interrupted by ramps.
Recognize freeway interchange zones
as a distinct residential noise exposure
category; require any future Caltrans
or VTA interchange project
within/adjacent to Cupertino to
include a noise impact analysis and
mitigation plan as a condition of City
cooperation.
Noise impact analysis is already
required under both NEPA and CEQA
requirements, and the City has
historically coordinated with VTA and
Caltrans on freeway, including
interchange, projects. A new strategy is
proposed to support continued
participation and coordination with
Caltrans and VTA on future interchange
projects in the city.
Noise
Monitoring
Program
Moore: Lacks ongoing noise
monitoring or community reporting
mechanisms.
Establish a periodic (biennial) ambient
noise monitoring program at 5 to 10
noise-sensitive locations (along
highways and near industrial sites)
with public web dashboard reporting.
A noise monitoring program without
any targets does not achieve any goals.
No changes recommended.
Exemptions for
Existing
Development.
PC Rao (Email 3/9/26): Draft lacks
explicit language to exempt Single
Family Residential Remodels from
requirements of the Building and WUI
Codes and from Geotechnical Review
standards. Request to include the
following exceptions for single-family
remodels:
Existing Non-Conforming Use
Protection: “Legally established uses
The requested changes to exempt
existing single-family residential
structures and potential remodels or
renovations from proposed HS policies
and strategies could conflict with the
requirements of the California Building
Standards Code (Cal. Code Regs., Title
24), including the WUI Code –
particularly in the Very High and High
Fire Hazard Severity Zones. The City
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 20 Topic / Section Comments and source Staff Comments and Recommendation and structures existing prior to the
adoption of this General Plan or
subsequent amendments shall be
considered conforming and may
continue provided they are
maintained in accordance with
applicable codes. Minor repairs and
maintenance to existing structures
shall not trigger compliance with new
development standards.”
Substantial Improvement Threshold
Exemption: “Remodels or additions
comprising less than 50% of the
existing structure’s assessed valuation
or floor area, as determined by the
Building Official, shall be exempt from
full compliance with current seismic,
fire, and geologic standards applicable
to new construction.”
Hillside Grandfathering Precedent:
“Single-family residences constructed
prior to [effective date] in the
Residential Hillside (RHS) overlay
zone shall be grandfathered from new
grading, access, and vegetation
management requirements unless the
project constitutes a substantial
remodel exceeding 50% of the original
floor area.”
Code Compliance Trigger Language:
“Routine maintenance, replacement in-
kind, and interior remodels not
expanding habitable space or exterior
wall area shall not trigger review
under Policies HS-5.1, HS-3.4, or HS-
3.7. Only substantial improvements
exceeding 50% of assessed value or
creating new safety risks shall require
full code compliance.”
Floodplain Existing Structures:
“Existing residential structures in the
adopted the 2025 BSC, which became
effective in January 2026.
As presented in previous responses, the
City may not adopt standards that are
less stringent than the minimum
standards established in the BSC.
However, revisions are suggested to
multiple policies and actions to clarify
application as indicated in earlier
responses. No additional changes
recommended.
Cupertino Health & Safety Element Update – Councilmember Comments and Responses 21 Topic / Section Comments and source Staff Comments and Recommendation 100-year floodplain legally constructed
prior to current Flood Damage
Prevention Ordinance amendments
shall continue to be permitted for
maintenance and minor improvements
without elevation requirements,
provided no increase in flood risk to
surrounding properties occurs.”
Public Health and
Vulnerable
Populations.
City staff identified opportunities to
add clarifying text and a strategy to
further emphasize issues of
importance to vulnerable populations,
including air quality, health, and food
security during the event of an
emergency.
Revise Policy HS-2.7, Hazard
Preparedness, (see Page 57 of draft
Element)) to include “poor air quality”
in the list of hazard scenarios which
would include impacts from wildfire
smoke, among other harmful pollutants.
A new Policy HS-2.7.5, Critical Needs
for Vulnerable Populations During
Emergencies, is proposed to emphasize
the role of the City and community
service providers in meeting the critical
needs of vulnerable residents during
emergencies. (see Page 58 of draft
Element).
Climate Change
Resilience and
Climate Action
Plan
Staff identified opportunities to:
1. Align the draft Health and Safety
Element with policies from the
CAP 2.0 in the Water Conservation
area.
2. Suggest modified language
regarding electrification.
Two new strategies have been added to
Policy HS-9.3 related to water
conservation for consistency with CAP
2.0. (see Page 85 of draft Element)
Strategy HS-9.6.1 related to
decarbonization has been updated to
more modern language and to be
consistent with CAP 2.0 (see Page 87 of
draft Element).