City of Cupertino
1655 SOUTH DE ANZA BOULEVARD
RESIDENTIAL DEVELOPMENT PROJECT
August 2026 | CEQA Exemption Memorandum
August 2026 | CEQA Exemption Memorandum
1655 SOUTH DE ANZA BOULEVARD
RESIDENTIAL DEVELOPMENT PROJECT
for City of Cupertino
City of Cupertino
Contact: Danielle Condit, Associate Planner
10300 Torre Avenue
Cupertino, California 95014
408.777.3214
Prepared by:
PlaceWorks
Contact: Annika Kiemm, Associate
2040 Bancroft Way #400
Berkeley, California 94704
510.848.3815
www.placeworks.com
AUGUST 2026 i
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..................................................................................................... 5
3. Findings Concerning CEQA Exemption................................................................6
3.1 Public Resources Code Section 21080.66 ............................................................... 6
3.2 Analysis in Support of Findings............................................................................... 6
3.3 Conclusion............................................................................................................. 22 Tables
Table 1Infill Requirements and Project Consistency ...................................................................... 7 Table 2Environmental Criteria and Project Consistency .............................................................. 11 Table 3Tribal Notification, Outreach, and Consultation Initiation................................................ 16
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 1655 South De Anza Boulevard 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 a lead agency determined that an activity is a project subject to CEQA, the lead agency must determine whether the project is exempt from CEQA. Pursuant to State CEQA Guidelines Section 15061(b), a project is exempt from CEQA if at least one of five criteria is met:
1. The project is exempt by statute (see, e.g., Article 18, commencing with Section 15260).
2. The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.
3. The activity is covered by the common-sense exemption that CEQA applies only to projects 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. 1655 SOUTH DE ANZA BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT
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1. INTRODUCTION
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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 State Route 85 (SR-85) via South De Anza Boulevard from the north and Prospect Road from the east. 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 1.67-acre project site is at 1655 South De Anza Boulevard, on the northwest corner of South De Anza Boulevard and Prospect Road, in an urbanized area. The project site is 260 feet north of Cupertino’s southern border with the City of Saratoga, just south of Prospect Road where South De Anza Boulevard turns into Saratoga Sunnyvale Road; and 160 feet west of Cupertino’s eastern border with the City of San José, just east of South De Anza Boulevard.
The project site is currently developed with a commercial building with a surface parking lot with ornamental landscaping. On-site commercial uses include a commercial building housing four commercial units, including two occupied units and two vacant units. The units are occupied by Four Seasons Seafood, a commercial market use, and KML Pharmacy, a commercial pharmacy use. These tenants have been notified of the development application and are on month-to-month leases. The site is bound by commercial development to the north, South De Anza Boulevard and commercial development to the east, commercial development and Prospect Road to the south, and single-family residential development to the west. The project site is within a quarter-mile walking distance of VTA Bus Route 51.
2.3 LAND USE AND ZONING DESIGNATIONS
The project site is assigned Assessor’s Parcel Numbers (APNs) 366-10-061 and 366-10-126. The developer has submitted a preliminary application pursuant to the Housing Crisis Act of 2019, commonly referred to by its legislative number, Senate Bill (SB) 330. This act vests the standards that are in place at the time a preliminary application for a housing project is submitted and 1655 SOUTH DE ANZA BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT
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prevents jurisdictions from imposing or enforcing new design standards on housing projects that are not objective. As such, the proposed project is subject to the regulations in place at the time the project’s preliminary application was submitted on September 12, 2025, and the formal application on September 29, 2025, which are:
General Plan Land Use: Commercial/Office/Residential within the South De Anza Special Area.
Specific Plan: South Sunnyvale-Saratoga Conceptual Plan. Zoning District: Planned Development with General Commercial and Multiple-Family Residential (P[CG, Res 5-15]) within the South Sunnyvale-Saratoga Conceptual Plan. Density: 15 dwelling units per acre (maximum).
Height: 30 feet per General Plan Figure LU-2.
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 density bonus to increase allowed residential density of the project site. A waiver from CMC 19.46.070(B) requiring a maximum floor area ratio (FAR) of 85 percent of the proposed net lot size.
A waiver from General Plan Figure LU-2 requiring a 30-foot height maximum development standard.
A waiver from Condition of Approval (COA) (18)(a) of the S. Sunnyvale-Saratoga Conceptual Plan and CMC section 19.46.070, which limits building heights to three stories. A waiver from CMC 19.36.070(C)(1) requiring that developments have a minimum front setback of 35 feet from face of street curb if the project site abuts an arterial street or major collector.
A waiver from CMC 19.36.070(C)(1) requiring that developments not located on an arterial or major collector street, shall have a minimum front setback of 20 feet from the front property line.
A waiver from CMC 19.46.070(F)(1) requiring that new developments select at least two design features from the three identified, including front architectural feature, stairway with at least three stairs leading to the front entrance, and pitched roof with a slope of at least 3:12.
A waiver from COA 17 of the S. Sunnyvale-Saratoga Conceptual Plan requiring that developments provide a 20-foot landscape buffer between parking lots and existing singlefamily development. A waiver from COA 19 of the S. Sunnyvale-Saratoga Conceptual Plan requiring that developments provide a 15- to 20-foot landscape buffer between new buildings and existing 1655 SOUTH DE ANZA BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT
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single-family residential areas to minimize privacy intrusion into adjoining rear yards of single-family homes.
A waiver from COA 18 of the S. Sunnyvale-Saratoga Conceptual Plan requiring a 50-foot setback for third floor portions of buildings.
A waiver from COA 19(a) and (c) of the S. Sunnyvale-Saratoga Conceptual Plan requiring new development to provide landscaped setback areas adjacent to the public right-of-way. A waiver from COA 24(c) of the S. Sunnyvale-Saratoga Conceptual Plan requiring a 10- to 15- foot landscape parkway strip on S. De Anza Boulevard.
A waiver from General Plan, Figure LU-2 for building planes maintained under a 1:1 slope line.
One (1) concession to not have to provide commercial uses on the site.
2.4 PROPOSED PROJECT
The project applicant, Dividend Homes, Inc., is proposing a residential development that would involve the demolition of the existing commercial building and the construction of 35 units in five, seven-plex townhome buildings. The proposed project would include 30 market-rate units, three units at the very low-income level, and two units at a moderate-income level, with a total building floor area of 94,215 square feet.
The townhomes would have three to four bedrooms and 2.5 to 3.5 bathrooms ranging in size from 2,137 to 2,704 square feet, with two-car garages. Each building would be three to four stories and a maximum of 44 feet, 9 inches tall at the highest point as measured from the finished floor. The proposed project would provide 77 on-site vehicle parking spaces, with private two-car parking spaces for each unit and seven additional guest spaces. Each unit would have a second-floor balcony and roof deck, providing 327 to 515 square feet of private outdoor space per unit.
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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 proposed 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). 1655 SOUTH DE ANZA BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT
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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
Consistent. The proposed project includes the construction of 35 residential units only.
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Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
Farmworker housing, as defined in California Health and Safety Code Section 50199.7(h)
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 1.67 acres and does not exceed 20 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 project 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 urban uses, including an existing commercial building and a paved surface parking lot. The project site is surrounded by urban uses and paved public streets, including commercial and residential uses that adjoin the northern and western boundaries of the site, South De Anza Boulevard and commercial development, which adjoin the eastern boundary of the site, and Prospect Road and commercial development that adjoin the southern boundary of the site. In addition, surrounding land uses within one-quarter mile of the site are developed with urban uses. 1655 SOUTH DE ANZA BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT
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Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
PRC Section 21080.66(a)(4): General Plan or Zoning Consistency. The project is consistent with the applicable general plan or zoning ordinance, and any local coastal program as applicable.
If the zoning and general plan are not consistent with one another, the project would satisfy this requirement if it were consistent with one.
The approval of a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios shall not be the basis for determining that the project is inconsistent with this requirement.
Consistent. The project site is within the General Plan South De Anza Special Area, and the General Plan land use designation is Commercial/Office/Residential. The project site is also within the South Sunnyvale-Saratoga Conceptual Zoning Plan, and the zoning district is Planned Development with General Commercial and Multiple-Family Residential (P[CG, Res 5-15]). The General Plan land use designation allows residential development at a density of up to 15 dwelling units per acre, and the zoning district allows residential development.
Consistent with the General Plan, the South De Anza Special Area allows residential development at a density of 5 to 15 dwelling units per acre for parcels south of SR-85. As proposed, 11.5 percent of the residential units are very low income, which correlates to a 35 percent density bonus per the State Density Bonus Law and CMC Chapter
19.56. Accordingly, the project would result in a residential density of
26.5 dwelling units per acre, which is within the density allowed for the project site under the density bonus, which allows for up to 36 units.
The proposed maximum building height of 44 feet, 9 inches, is consistent with the General Plan’s 30-foot height limit allowed for the site with the applicable density bonus waiver.
PRC Section 21080.66(a)(5): Density. The project will be at least one-half of the following applicable density specified in Government Code Section 65583.2(c)(3)(B), to accommodate housing for lower income households3 At least 15 units per acre allowed for sites within an incorporated city within a non-metropolitan county and for a non-metropolitan county that has a micropolitan area
At least 10 units per acre allowed for sites within an unincorporated area in a non-metropolitan county not included in the above requirement
Consistent. The proposed 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 26.5 dwelling units per acre.
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Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
At least 20 units per acre allowed for sites within suburban jurisdictions At least 30 units per acre allowed for sites within a jurisdiction in a metropolitan county.
PRC Section 21080.66(a)(8): Lodging Uses.
For a project that was deemed complete pursuant Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. For the purposes of this section, “other transient lodging” does not include either of the following:
A residential hotel, as defined in Section 50519 of the Health and Safety Code.
After the issuance of a certificate of occupancy, a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, in a manner consistent with local law.
Consistent. The proposed project would not include hotel, motel, bed and breakfast inn, or other transient lodging uses.
Notes:
1 For a project that was deemed complete pursuant to Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. Other transient lodging does not include either of the following: a residential hotel, as defined in 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, April 7 (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, April 7 (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. 1655 SOUTH DE ANZA BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT
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Environmental Criteria
Pursuant to PRC Section 21080.66(a), the project site must meet the environmental criteria identified in Government Code Section 65913.4(a)(6). These environmental criteria and the proposed project’s 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 U.S. Fish and Wildlife Service
does not identify any wetlands on 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 to existing building standards or
Consistent. The project site is not within a
very high FHSZ, as designated by CAL FIRE. It
is approximately 1.5 miles southeast of a very
high FHSZ in a Local Responsibility Area, and 2
miles east of lands that CAL FIRE designates
as a very high FHSZ in a State Responsibility
Area.4
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Table 2 Environmental Criteria and Project Consistency
Environmental Criteria Consistency Determination
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 Department of Toxic Substances
Control (DTSC) EnviroStor database5
List of Leaking Underground Storage Tank
sites from the State Water Board’s
GeoTracker database7
List of solid waste disposal sites identified
by the Water Board with waste
constituents above hazardous waste levels
outside the waste management unit8
List of Site Cleanup Program Sites on the
Cortese List from the Water Boards9
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
designates the project site as an Area of
Minimal Flood Hazard, Zone X. The project
site is not within a regulatory floodway.12
Conservation Plan. The project site cannot be on
lands identified for conservation in an adopted
natural community conservation plan pursuant to
the Natural Community Conservation Planning Act,
habitat conservation plan pursuant to the federal
Endangered Species Act of 1973, or other adopted
natural resource protection plan.
Consistent. The Santa Clara Valley Habitat
Plan boundaries cover a small portion of
Cupertino. The project site is immediately
adjacent to the western boundary of the plan
area but is entirely outside the boundaries of
the plan area.
13 Special Status Species Habitat. The project site
cannot be located 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 U.S. Forest Service Existing
Vegetation: Region 05 mapping program
classifies the project site as “urban,” 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.14 The California Natural
Diversity Database has no record of specialstatus plant and animal species on the project site or urbanized areas within a one-mile area
surrounding the site.15, 16 There are no natural
lands within a one-mile area of the project
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Table 2 Environmental Criteria and Project Consistency
Environmental Criteria Consistency Determination
site. The project site consists of commercial
development and a surface parking lot, and
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.17
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 existing commercial
building on the project site. The existing
building on the project site is not currently
listed on the National Register of Historic
Places18 or the list of California Register of
Historical Resources,19 or the most recent list
of Cupertino historically significant
resources.20
Sources:
1. California Coastal Commission, 2019, Maps: Coastal Zone Boundary, April 1, 2026 (accessed), https://www.coastal.ca.gov/maps/czb/.
2. California Department of Conservation, 2022, California Important Farmland Finder, April 1, 2026 (accessed), https://maps.conservation.ca.gov/DLRP/CIFF/.
3. United States Fish and Wildlife Service, National Wetlands Inventory, 2026, April 1 (accessed), https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/.
4. California Department of Forestry and Fire Protection, 2026, April 1 (accessed), Fire Hazard Severity Zone Viewer, https://experience.arcgis.com/experience/6a9cb66bb1824cd98756812af41292a0.
5. California Department of Toxic Substances Control, 2026, April 1 (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, April 1 (accessed), Cortese List Data Resources, https://calepa.ca.gov/SiteCleanup/CorteseList/.
7. State Water Resources Control Board, 2026, April 1 (accessed), GeoTracker, https://geotracker.waterboards.ca.gov/search?CMD=search&case_number=&business_name=&main_street_n ame=&city=&zip=&county=&SITE_TYPE=LUFT&oilfield=&STATUS=&BRANCH=&MASTER_BASE=&Search=Search.
8. California Environmental Protection Agency, 2026, April 1 (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. 1655 SOUTH DE ANZA BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT
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9. California Environmental Protection Agency, 2026, April 1 (accessed), 2026 Cortese List – Site Cleanup Program, https://calepa.ca.gov/wp-content/uploads/2026/03/2026_scp_cortese.list_lat.long_.pdf.
10. California Environmental Protection Agency, 2026, April 1 (accessed), Cortese List: Section 65962.5(a), https:// calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/.
11. California Geological Survey, 2026, April 1 (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, April 1, 2026 (accessed),
https://msc.fema.gov/portal/search.
13. Santa Clara Valley Habitat Agency, 2013, Santa Clara Valley Habitat Plan Geobrowser, April 1, 2026 (accessed), https://scvha.maps.arcgis.com/apps/webappviewer/index.html?id=f2268679c2fa49489e3f7d6e8377837e.
14. U.S. Forest Service, 2026, April 1 (accessed), Existing Vegetation: Region 05, https://usfs.maps.arcgis.com/apps/mapviewer/index.html?layers=760dce5f2a0648d7a92d2a5499b8d566.
15. California Natural Diversity Database, 2026, April 3 (accessed), CNDDB Maps and Data, https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data.
16. City of Cupertino, 2024, June 18, General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, State Clearinghouse No. 2014032007, Chapter 4.3, Biological Resources, Figure 4.3-2, SpecialStatus Plant and Animal Species, page 4.3-10.
17. California Natural Resources Agency, 2026, April 1 (accessed), California Conservation Easement Database (CCED) Viewer, https://gis.cnra.ca.gov/apps/cced/.
18. National Park Service, 2025, August 5, National Register of Database and Research, April 1, 2026 (accessed), https://www.nps.gov/subjects/nationalregister/database-research.htm#table.
19. California Office of Historic Preservation, 2026, April 2 (accessed), California Historical Resources, https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43.
20. City of Cupertino, 2024, Cupertino General Plan: Community Vision 2015-2040, Chapter 3, Land Use and Community Character Element, Figure LU-3, Historic Resources, page LU-26, https://www.cupertino.gov/YourCity/Departments/Community-Development/Planning/General-Plan/General-Plan-CommunityVision#docaccess-f0c70bca2c8cfef3d8c6b45c2850dbf0651f7ba00a4e143071328fcb941a7c44.
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).
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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 it’s legislative bill number, AB 52. In addition, the City sent a request to the Native American Heritage Commission (NAHC) for a Tribal Contacts List on August 4, 2025.
The NAHC provided a consultation list with a total of 22 contacts for 9 tribes that are traditionally and culturally affiliated with the geographic area of the city of Cupertino on August 5, 2025, as listed:
Amah Mutsun Tribal Band Muwekma Ohlone Tribe of the SF Bay Area Amah Mutsun Tribal Band of Mission San
Juan Bautista
Northern Valley Yokut / Ohlone Tribe
Tamien Nation
Costanoan Rumsen Carmel Tribe The Ohlone Indian Tribe Indian Canyon Mutsun Band of Costanoan Wuksachi Indian Tribe/Eshom Valley Band The applicant notified the City that the proposed project is eligible to be exempt pursuant to PRC Section 21080.66 on February 2, 2026. On February 16, 2026, 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 of
Mission San Juan Bautista
Garry Zimmer, Senior Cultural Monitor
and Consultant -- --
Amah Mutsun Tribal Band of
Mission San Juan Bautista
Shelby Brown, Senior Cultural Monitor
& Consultant, Councilwoman -- --
Amah Mutsun Tribal Band of
Mission San Juan Bautista
Christopher Zimmer, Senior Cultural
Monitor and Consultant, Councilman -- --
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Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact
Date of
Response
Date of
Consultation
Initiation
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 -- -- 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 -- --
Indian Canyon Mutsun Band of
Costanoan
Ann Marie Sayers, Retired Honorable
Elder -- --
Indian Canyon Mutsun Band of
Costanoan
Kanyon Sayers-Roods, Tribal
Chairwoman 3/17/26 3/31/2026
Muwekma Ohlone Tribe of the
SF Bay Area Bernadette Quiroz, MLD Tribal Rep. 2/23/26 3/9/26 Muwekma Ohlone Tribe of the
SF Bay Area Charlene Nijmeh, Chairperson -- --
Northern Valley Yokut / Ohlone
Tribe Katherine Perez, Chairperson -- --
Northern Valley Yokut / Ohlone
Tribe
Timothy Perez, Tribal Compliance
Officer -- --
Tamien Nation Lillian Camarena, Secretary 3/5/26 3/19/26 Tamien Nation Quirina Geary, Chairperson -- --
Tamien Nation Johnathan Wasaka Costillas, THPO -- --
The Ohlone Indian Tribe Desiree Vigil, THPO -- --
The Ohlone Indian Tribe Andrew Galvan, Chairperson -- -- The Ohlone Indian Tribe Vincent Medina, Cultural Leader -- -- Wuksachi Indian Tribe/ Eshom
Valley Band Kenneth Woodrow, Chairperson -- --
Source: Native American Heritage Commission, August 2025.
Note. Where no dates are identified, no response was received so consultation was not initiated. 1655 SOUTH DE ANZA BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT
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Sacred Lands File Search
Concurrently with the tribal contact list provided on February 12, 2026, 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 February 12, 2026, were negative.
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.
As a result of project consultation, the Muwekma Ohlone Tribe of the SF Bay Area formally recommended: (1) tribal monitoring during all ground-disturbing activities; and (2) implementation of cultural sensitivity training for all project personnel prior to the start of work.
In addition, the Tamien Nation formally recommended: (1) tribal cultural monitoring for all ground disturbing activities; (2) tribal cultural awareness training; and (3) archaeological monitoring. The Indian Canyon Mutsun Band of Costanoan did not provide a response to the opportunity to formally consult with the City during the 45-day period following the initial request for consultation.
No mutual agreement between the California Native American tribes and the project applicant was made . Thus, pursuant to PRC Section 21080.66(b)(4)(B), the following measures are required as a binding condition to be completed by the project applicant prior to issuance of building permits:
Monitor and Avoid Tribal Cultural Resources. Pursuant to PRC Section 21080.66(b)(4)(B)(i), (ii), (iii), (iv), and (vi), the following measures are required for the protection of tribal cultural resources:
Tribal Monitor. The project shall include tribal monitoring during all grounddisturbing activities, as follows:
- The California Native American tribe shall designate the monitor. - The tribal monitor shall comply with the applicant’s site access and workplace safety requirements.
- The applicant shall compensate the tribal monitor at a reasonable rate, determined in good faith, that aligns with customary compensation for cultural resource monitoring, considering factors such as the scope and duration of the project.
Avoid Tribal Cultural Resources. Tribal cultural resources shall be avoided where feasible, in accordance with PRC Section 21084.3(a). In furtherance of this 1655 SOUTH DE ANZA BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT
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requirement, where feasible, the project applicant shall provide deference to tribal preferences regarding access to spiritual, ceremonial, and burial sites, and incorporate tribal traditional knowledge in the protection and sustainable use of tribal cultural resources and landscapes.
Treatment and Documentation. All treatment and documentation of tribal cultural resources shall be conducted in a culturally appropriate manner, consistent with PRC Section 21083.9.
Records Search. A California Historical Resources Information System archaeological records search and a tribal cultural records search shall be completed for the project site.
Human Remains. The project shall comply with Section 7050.5 of the Health and Safety Code and Section 5097.98, including immediate work stoppage upon discovery of human remains or burial grounds, and treatment in accordance with applicable law and in consultation with the affected California Native American tribe.
As explained in the Tribal Outreach and Consultation section, pursuant to PRC Section 21080.66(b)(4)(B)(v), a Sacred Lands Inventory request was completed, and this requirement has been fulfilled for the proposed project. No enforceable agreements meeting the definition as provided in PRC Section 21080.66(b)(5)(B) were agreed upon during the consultation period.
TRIBAL CULTURAL RESOURCES CONSISTENCY SUMMARY
The City completed the tribal outreach requirements pursuant to PRC Section 21080.66(b)(1) through (3) and conditioned the project to implement the requirements of PRC Section 21080.66(b)(4). 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 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. 1655 SOUTH DE ANZA BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT
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the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. Pursuant to PRC Section 21080.66(c)(1)(C), if a release of a hazardous substance is found to exist on the site, the release shall be removed, or any effects of the release shall be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy. Pursuant to PRC Section 21080.66(c)(1)(D), if a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy.
HAZARDOUS MATERIALS CONSISTENCY REQUIREMENTS
A Phase I ESA was prepared and third-party peer reviewed as part of the City’s requirements in Cupertino Municipal Code Chapter 17.04, Standard Environmental Protection Requirements, that identifies standard environmental protection requirements that all construction projects must meet. The results of the Phase I ESA did not find any RECs. The Phase I ESA identified a historical REC (HREC) on the property adjoining the project to the south. In 2004, Santa Clara County issued a closure letter for the property. As a result, the Phase I ESA concluded that no further investigation is recommended. Accordingly, the project is consistent with the PRC Section 21080.66(c)(1) criteria regarding hazardous materials.
PROXIMITY TO FREEWAYS
For projects within 500 feet of a freeway, PRC Section 21080.66(c)(2) requires:
The building shall have a centralized heating, ventilation, and air-conditioning (HVAC) system.
The outdoor air intakes for the HVAC system shall face away from the freeway. The building shall provide air filtration media for outside and return air that provides a minimum efficiency reporting value of 16.
The air filtration media shall be replaced at the manufacturer’s designated interval. The building shall not have any balconies facing the freeway.
Project Consistency. The project site is approximately 1,700 feet west of SR-85, which is the nearest freeway to the project site; therefore, the proposed project is not subject to PRC Section 21080.66(c)(2) criteria.
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Other Requirements
LABOR CODE
PRC Section 21080.66(d) includes additional labor requirements for housing development projects, including:
The payment of at least the general prevailing rate of per-diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations, to construction workers employed in the execution of a 100 percent affordable housing development project.
Compliance with the labor standards outlined in Government Code Section 65913.4(a)(8) for buildings over 85 feet in height above grade.
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 waivers, exceptions, or reductions described in Section 2.3, Land Use and Zoning Designations.
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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. 1655 SOUTH DE ANZA BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT
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