MEMORANDUM
DATE September 15, 2026
TO Luke Connolly, Assistant Director of Community Development Piu Ghosh, Planning Manager, Community Development Department ADDRESS 10300 Torre Ave
Cupertino, CA 95014
FROM Liza Debies, Associate Principal; Madeline Miller, Associate PlaceWorks
SUBJECT General Plan Health and Safety Element Update
California Environmental Quality Act Exemption Memorandum Introduction
PURPOSE
This Exemption Memorandum shall serve as an evaluation of California Environmental Quality Act (CEQA) compliance for the City of Cupertino (City) General Plan Health and Safety Element Update (proposed project). This Exemption Memorandum was prepared to present the findings resulting from the CEQA compliance review.
STATUTORY AUTHORITY AND REQUIREMENTS
Once a lead agency determines that an activity is a project subject to CEQA, the lead agency must determine whether the project is exempt from CEQA. State CEQA Guidelines, California Code of Regulations, Title 14, Section 15061(b)1 outlines the ways in which a project may be exempt. 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 of the State CEQA Guidelines, 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 to cause 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.
1 California Association of Environmental Professionals (AEP), 2026, 2026 California Environmental Quality Act (CEQA) Statute and Guidelines, https://www.califaep.org/docs/CEQA_Handbook_2026_rev031926_Updated.pdf.
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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 per the common-sense exemption under CEQA Guidelines Section 15061(b)(3) because implementation of the proposed project would not have the potential to cause a significant effect on the environment (criterion 3), as further discussed in the section Findings Concerning CEQA Exemption.
Project Description
REGIONAL LOCATION
Cupertino is a suburban city of 10.9 square miles on the southern portion of the San Francisco Peninsula, in Santa Clara County. The city is approximately 36 miles southeast of downtown San Francisco and 8 miles west of downtown San José. The cities of Los Altos and Sunnyvale are adjacent to the northern city limit, while the cities of Santa Clara and San José lie to the east, and Saratoga lies to the south of Cupertino. Unincorporated areas of Santa Clara County form portions of the western and southern limit of the city. The city is accessed by Interstate 280 (I-280), which functions as a major east to west regional connector and State Route 85 (SR-85), which functions as the main north to south regional connector.
The natural environment in the city includes hillsides, grassland and woodland habitats, and streams.
Approximately 11 square miles of hillsides are located throughout the city and the southwestern portion of the city is in a very high landslide susceptibility class. Additionally, in and around Cupertino are grassland and woodland habitats that provide highly flammable fuel that is conducive to wildfires. The watersheds in the Santa Cruz Mountain Range feed into four major streambeds that traverse the city:
Permanente Creek, Stevens Creek, Regnart Creek, and Calabazas Creek. During heavy rainfall, these creeks create a potential flooding risk in the city as water levels may exceed the top of the creekbank.
PROPOSED PROJECT
Project Background
The Safety Element is a policy document mandated by California Government Code Section 65302(g) that is a component of the General Plan. The Safety Element identifies potential hazards, emergency services, and evacuation constraints that could affect community welfare, public health, and overall safety. The purpose of the Safety Element is to provide a framework for the community to minimize risks from hazards and increase community resilience. The Cupertino General Plan (Community Vision 2015-2040), Chapter 7, Health and Safety Element, was adopted in 2015.
Health and Safety Element Update
The Health and Safety Element includes the City’s goals, policies, and strategies to minimize hazards and increase resilience in Cupertino. Section 65302(g) of the California Government Code requires that the Health and Safety Element contain background information and policies to address multiple natural hazards, an analysis of vulnerabilities from climate change, policies to improve climate change resilience, and an assessment of residential areas with evacuation constraints. Section 65302.15 also requires a
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Safety Element be reviewed and updated to identify evacuation routes and their capacity, safety, and viability and evacuation locations under a range of emergency scenarios.
The proposed project is an update of goals, policies, strategies, maps, and technical information that identify and address the potential risks associated with natural and human-caused hazards to meet the requirements of California Government Code Section 65302(g). These include actions the City can take to reduce these risks and prevent or minimize injuries to life and damages to property. The proposed project provides a policy framework for addressing hazards, which includes regional coordination, emergency preparedness and response, fire safety, public safety, geologic and seismic hazards, hazardous materials, flooding, extreme heat, climate change resilience, and noise.
A Health and Safety Element Background Report, which discusses emergency preparedness and response, climate change vulnerabilities, evacuation constraints, and natural and human-caused hazards that can affect the city, was prepared as an appendix to the existing Community Vision 2015-2040 General Plan to meet California Government Code Section 65302(g) requirement. An Evacuation Route Capacity Assessment was prepared pursuant to California Government Code Section 65302.15, identifying evacuation routes and their capacity, safety, and viability, and evacuation locations under wildfire and earthquake scenarios. Updates to the Safety Element were made so all safety-related topics are up to date and consistent with the California Government Code Section.
Additionally, General Plan Appendix E, Geologic and Seismic Hazards, has been updated to be consistent with the updated Safety Element, including new mapping and building code requirements. This includes minor text revisions, figure updates, and a new development review section.
General Plan Appendix D, Community Noise Fundamentals, has also been updated with a revised Figure D-2, Future Noise Contours, showing noise contours along the city roadway network based on the buildout of the General Plan Land Use map updated in May 2024.
Findings Concerning CEQA Exemption
SECTION 15061(B)(3): COMMON-SENSE EXEMPTION
The proposed project is exempt as a common-sense exemption under State CEQA Guidelines Section 15061(b)(3). This exemption applies because the proposed project does not have the potential to cause a significant effect on the environment.
ANALYSIS IN SUPPORT OF FINDINGS
The proposed project is a program-level policy document that includes goals, policies, and strategies intended to minimize health and safety hazards and increase resilience in Cupertino. The proposed project establishes a framework for how to achieve its goals through policies and strategies to improve public health and safety by complying with new State laws, incorporating policies from other local and regional plans, and responding to community goals and priorities. The proposed project does not include land use or zoning changes that would result in direct or indirect growth or changes in building density and intensity. The proposed project would not implement provisions that would result in direct or indirect population growth and thus would not place additional demands on natural resources, public services, or infrastructure. In addition, the proposed project does not include any site-specific designs or proposals to develop specific projects, nor does it grant any entitlements for development projects.
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There is precedent for Health and Safety Elements to be exempt pursuant to CEQA Guidelines Section 15061(b)(3). Recent filings with the Office of Land Use and Climate Innovation for such exemptions include, but are not limited to:
» City of Poway, City of Poway General Plan Public Safety Element, Notice of Exemption under CEQA Guidelines Section 15061(b)(3); filed May 20, 2026.2
» City of Etna, General Plan Introduction, Land Use Element, and Safety Element Updates, Notice of Exemption under CEQA Guidelines Section 15061(b)(3); filed November 25, 2025.3 » City of Dorris, General Plan Safety Element Update, Notice of Exemption under CEQA Guidelines Section 15061(b)(3); filed October 7, 2025.4
» Solano County, Solano County Public Health and Safety Element Update, Notice of Exemption under CEQA Guidelines Section 15061(b)(3); filed December 12, 2024.5 Given the similarity between the legal background, scope, and nature of the Health and Safety Element update to be adopted by the City of Cupertino and those adopted by jurisdictions statewide, PlaceWorks concludes adoption of the Health and Safety Element by the City is exempted from environmental review and does not warrant further environmental review. Therefore, it can be seen with certainty that the proposed project would not have a significant effect on the environment and is exempt from CEQA review.
2 City of Poway, 2026, May, City of Poway General Plan Public Safety Element, https://ceqanet.lci.ca.gov/2026050810. 3 City of Etna, 2025, November, General Plan Introduction, Land Use Element, and Safety Element Updates. https://ceqanet.lci.ca.gov/2025111063. 4 City of Dorris, 2025, October, General Plan Safety Element Update, https://ceqanet.lci.ca.gov/2025100331. 5 Solano County, 2024, December, Solano County Public Health and Safety Element Update, https://ceqanet.lci.ca.gov/2024120507.