COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3200
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Meeting: October 20, 2026
Subject
General Plan Amendment to adopt amendments to Chapter 7 (Health and Safety) and Appendices D (Community Noise Fundamentals), and E (Geologic and Seismic Hazards) of the Cupertino General Plan: 2015-2040 Community Vision, and a new Appendix H (Health and Safety Background Report) (Application No(s): GPA-2025-001; Applicant: City of Cupertino; APN(s)/Location: citywide).
Recommended Action
Adopt Resolution 26-_______ (Attachment A) to:
1. Adopt amendments to Chapter 7 (Health and Safety) and Appendices D (Community Noise Fundamentals) and E (Geologic and Seismic Hazards), and a new Appendix H (Health and Safety Background Report); and
2. Find the actions exempt from CEQA.
Executive Summary
State law requires the City to amend the Health and Safety Element periodically. The updated Health and Safety Element has completed an extensive public and State agency review process and is ready for City Council adoption. Staff recommends adoption of a State-compliant framework that strengthens Cupertino's resilience to current and future hazards while avoiding changes that could require additional State review and delay the project.
Background
The Health and Safety Element is a State-mandated element of the General Plan that addresses the threats posed by natural and human-caused hazards to Cupertino and establishes goals and policies to reduce risk to the community. The current Health and Safety Element was adopted in 2014. Since that time, State law has expanded requirements related to wildfire, flooding, climate change adaptation, and evacuation planning. The California Government Code Section 65302(g) requires all local jurisdictions to review and, as necessary, update their Safety Element upon each revision of the Housing Element or Local Hazard Mitigation Plan (LHMP), or at least once every eight years. The City‘s 2024 Housing Element update and adoption of the Cupertino Annex of the Santa Clara Multi-Jurisdictional Hazard Mitigation Plan triggered the current Safety Element update.
In 2025, City and PlaceWorks staff presented the broad policy areas described in the September 15, 2026 PlaceWorks memo (see Attachment B) that would be the subject of the update to the Planning Commission and Public Safety Commission at scheduled study sessions.
Commissioners and members of the public provided comments on several policy areas, including clarification of distinctions between new and existing development standards, evacuation planning and emergency access, wildfire risk reduction and defensible space, emergency preparedness staffing and coordination, and climate resilience strategies, many of which were incorporated into the Public Draft.
The Public Draft Health and Safety Element, released on February 11, 2026, was developed to ensure compliance with current State law, integrate climate vulnerability findings, incorporate detailed evacuation capacity analysis and mapping, reflect updated wildfire hazard designations, and strengthen policies addressing both new and existing developments across all major hazard categories. The Planning Commission held a study session on March 9, 2026, at which it recommended that the draft Element be revised to incorporate additional strategies from the evacuation study to increase evacuation route capacity, and to strengthen policies related to extreme heat.
After close to two months of public review, the Public Draft was presented to the City Council at Study Sessions on May 19, 2026 and July 7, 2026. Councilmembers and members of the public provided verbal comments at the meetings and submitted written comments to City staff.
Comments focused on emergency preparedness, evacuation, defensible space and wildfire risk reduction, extreme heat mitigation, community and freeway noise, and hazardous materials/contamination mapping and disclosure. City staff prepared a matrix of comments for the second City Council Study Session, summarizing the public comments received and Staff’s recommended revisions. Staff also presented an updated Public Draft reflecting those recommendations. The City Council reviewed the revised draft Health and Safety Element on July 7, 2026 and directed staff to submit it for required State agency reviews.
Following direction at the July 7, 2026 City Council Study Session, staff submitted the draft Health and Safety Element for mandatory review by State agencies. Pursuant to Government Code Section 65302(g), jurisdictions that contain State Responsibility Area lands or Very High Fire Hazard Severity Zones in the Local Responsibility Area must submit draft Safety Element updates to the Board of Forestry and Fire Protection (Board of Forestry) for review to ensure that wildfire policies are consistent with State fire hazard mapping, defensible space requirements, ignition-resistant construction standards, evacuation planning requirements, and other wildfire risk reduction provisions. This review process has two phases: an informal review by CAL FIRE staff and a formal review by the Board of Forestry’s Resource Protection Committee.
The City submitted the Health and Safety Element to CAL FIRE staff on July 13th. CAL FIRE staff evaluated whether the Health and Safety Element adequately addresses wildfire hazards and incorporates appropriate policies consistent with State law. During this review process, CAL FIRE staff comments resulted in the following changes to the Draft Health and Safety Element:
Background Section:
Updated the web link to the Evacuation Route Capacity Assessment. Added a description of the CZU Lightning Complex fire. Added language confirming that no areas of Cupertino lack coverage for fire protection services.
Policies:
Revised policies for new development and subdivisions in High and Very High Fire Hazard Severity Zones.
Added policies to ensure adequate access and road maintenance in hillside areas. Revised policies for defensible space and roadside vegetation management. Revised policies to ensure coordination of anticipated future locations of water supplies.
Following CAL FIRE staff’s informal review, the City submitted the draft Element to the Board of Forestry and Fire Protection (BOF) on August 21st for formal review. At its September 22nd meeting, BOF reviewed the Draft Element (see Attachment B), recommended no additional changes, and provided written confirmation that it was satisfied with the quality of the document.
With BOF’s review complete, staff advises against revising the Draft’s emergency preparedness, evacuation, and wildfire protection content because significant revisions could trigger a second review by CAL FIRE and BOF, adding 45 to 90 days to the project schedule and resulting in additional costs.
In addition, as required by State law, the City consulted with the California Geological Survey (CGS) and the California Governor’s Office of Emergency Services (Cal OES). CGS provides technical comments regarding seismic and geologic hazard policies, including provisions addressing earthquake fault zones, liquefaction, landslides, and other geologic risks. The purpose of this review is to ensure that the Safety Element appropriately considers available mapping and current scientific information related to geologic and seismic hazards. Cal OES primarily provides comments regarding hazard mitigation coordination. This review supports alignment between the Safety Element, the local hazard mitigation plan, and broader emergency management and hazard mitigation planning efforts. Staff sent the Health and Safety Element to both agencies for review on July 14th. City staff did not receive comments from CGS, and was notified by Cal OES on July 22nd that the draft Element is consistent with AB 2140’s guidance for integrating the Hazard Mitigation Plan into the General Plan. Cal OES will provide a formal letter to confirm AB 2140 compliance following City Council adoption of the Element.
Finally, pursuant to SB 18, City staff conducted formal consultation with California Native American tribes. Staff sent a request for the list of tribes to the California Native Heritage Commission (NAHC) on May 18, 2026. NAHC provided a list of nine tribes to contact. Letters were sent via mail and email to each contact provided on June 4, 2026. Staff received a response from the Tamien Nation on June 12, 2026. Staff initiated the consultation process with the Tribe on July 9, 2026 and met with a member of the Tamien Nation on August 28, 2026. The representative of the Tribe indicated that because the proposed amendments do not involve development that cause ground-disturbing activities, the Tribe had no comments. The consultation meeting did not result in changes to the draft Health and Safety Element.
In addition to the adoption of the updated Health and Safety Element and associated background report, non-substantial amendments are being adopted to:
1. Appendix D: Community Noise Fundamentals, where an updated map is being adopted in compliance with state law, and
2. Appendix E: Geologic and Seismic Hazards, where minor edits are being proposed to clarify existing language and reflect updated mapping.
The Planning Commission reviewed the project at its September 22, 2026 meeting and adopted Resolution XX-XXXX recommending that the City Council adopt the Draft Health and Safety Element with modifications as discussed below. Attachment C, the redlined Draft Element, consolidates all edits as a result of CAL Fire staff review described above (shown in blue highlights), three of the four Planning Commission recommendations (shown in yellow highlights) and non-substantive additional changes to include minor spelling and grammar revisions. The reasons for staff’s recommendation are explained below.
Reasons for Recommendation and Available Options
The updated Health and Safety Element and new Appendix H: Health and Safety Background Report ensure compliance with current State law, integrates climate vulnerability findings, incorporates detailed evacuation capacity analysis and mapping, reflects updated wildfire hazard designations, integrates the hazard mitigation plan, and strengthens policies addressing both new and existing development across all major hazard categories. The attached memorandum from the City’s Consultant, PlaceWorks, summarizes the applicable California Government Code requirements, describes how the updated draft Health and Safety Element satisfies those requirements, and highlights key updates in the draft (Attachment B).
As mentioned earlier, the Planning Commission recommended four amendments to the proposed Draft at its September 22, 2026 meeting as follows:
1. Add new strategy in Policy 2.11: Prioritize evacuation capacity analysis for any roadway changes that reduce capacity in evacuation constrained corridors as identified in the October 2025 evacuation study Pass 3-2 (Noes: Lindskog; Fung)
2. Add sentence to “Local Emergency Response” Section: The primary responsibility of the Santa Clara County Sheriff’s office in Cupertino is the safety and security of the Cupertino community, which funds its operations. Pass 4-1 (No: Fung)
3. Amend policy HS-10.8 as follows: Prior to approving noise generating uses, including public or private recreational uses within or adjacent to established residential areas, ensure require the proposed noise generating use to prepare an acoustical analysis, which includes adequate identifies appropriate noise mitigation measures, including, but not limited to, posted rules and regulations which limit hours of operation, to meet the City’s adopted noise standards. Pass 4-1 (No: Fung)
4. Amend Policy HS-10.7: Reduction of Noise from Trucking Operations: Conduct interagency coordination with Santa Clara County: Work to carry out noise mitigation measures to diminish noise along Foothill and Stevens Creek Boulevards from the quarry and cement plant trucking operations. These measures include regulation of truck speed, the volume of truck activity, and trucking activity hours to avoid late evening, and early morning and the weekend. Alternatives to truck transport, specifically rail, are strongly encouraged when feasible. Pass 4-1 (No: Fung)
Recommendations #2-4 have been incorporated into the proposed draft. This is indicated in Attachment C in yellow highlights. However, the draft currently does not include recommendation #1.
Staff does not recommend adding the strategy recommended by the Planning Commission because, as proposed, it does not provide clear or new direction to staff and could result in potentially significant new resource commitments to City roadway projects. The Santa Clara County Sheriff’s Office and Santa Clara County Fire Department currently evaluate proposed changes to roadways to ensure that they do not conflict with emergency ingress and egress requirements. The proposed strategy does not define what it means to reduce capacity, which means that even a minor change, such as adding or removing a stop sign, could be interpreted as a reduction in capacity. In addition to understanding the capacity of a roadway designated as an evacuation route, it is also important to assess viability of the roadway as an evacuation route, which is not addressed in the proposed strategy.
It should be noted that during the public review period, comments were received about similar concerns regarding roadway changes on evacuation constrained routes. These were addressed in the revised draft presented to the City Council in July 2026 as a “suite” of revisions to strategies and the addition of new strategies to support Policy 2.11. Policy 2.11, Evacuation Routes, is the City’s commitment to ensure adequate capacity, safety, and viability of evacuation routes in the event of an emergency, and that evacuation route designations are reviewed and updated, as needed. In July, staff updated Strategy 2.11.1, Evacuation Route Coordination, to ensure that any roadway changes would continue to require coordination with emergency responders, the County, and Caltrans to ensure that routes are designed to remain accessible during evacuations and that any proposed changes continue to maintain emergency ingress and egress. This policy continues to allow Council the authority to deny any changes it believes would be detrimental to emergency evacuation rather than prohibit such changes. Other supportive strategies for Policy
2.11 include an update of the citywide dynamic traffic assignment evacuation study no less than every 8 years (Strategy 2.11.4, Dynamic Traffic Assignment) and prioritization of infrastructure improvements in evacuation constrained areas (Strategy 2.11.5, Infrastructure Prioritization).
These revisions were reviewed by the City Council at its July 2026 Study Session.
In the event the City Council wishes to retain the policy proposed by the Planning Commission, staff recommends that the strategy be revised to state: “Prioritize evacuation capacity analysis for any roadway changes that reduce roadway capacity in evacuation constrained corridors as identified in the October 2025 most recent City-sponsored evacuation study.” This change would allow the City to utilize the most up to date study, should revisions occur.
Available Options:
Adopt the draft resolution per staff’s recommendation without any changes or Adopt the draft resolution with amendments to add a new strategy in Policy 2.11 to reflect the Planning Commission’s Recommendation #1, with edits proposed by staff; or Adopt the draft resolution with amendments to reject the Planning Commission’s recommendations #1-#4; or
Adopt the draft resolution with further amendments proposed by City Council at the upcoming meeting. (Note: revisions made to certain sections of the Element may require additional review by CAL Fire staff and BOF and additional revisions may also require a budget amendment to the City’s contract with PlaceWorks for this project.)
Sustainability Impact
The policies in the Health and Safety Element will support a sustainable and resilient community by ensuring that development, where permitted, appropriately addresses risks associated with hazard-susceptible areas and by advancing the City’s climate resilience.
Fiscal Impact
No fiscal impact.
City Work Program (CWP) Item/Description
None
Council Goal:
Quality of Life, Environmental Sustainability, Fiscal Strategy TBD Item:
No
California Environmental Quality Act
The Health and Safety Element update qualifies for a CEQA exemption under the common-sense exemption set forth in CEQA Guidelines Section 15061(b)(3). This exemption applies where it can be seen with certainty that there is no possibility the activity may have a significant effect on the environment. The CEQA Exemption Memorandum is provided as Attachment D. Key findings include:
The Health and Safety Element update is a program-level policy document establishing a framework for addressing hazards and does not commit the jurisdiction to any specific development action.
The update does not include land use or zoning changes, does not increase development potential, and does not grant entitlements for development projects. No provisions of the update would result in direct or indirect population growth or place additional demands on natural resources, public services, or infrastructure. Future implementation actions that could affect the environment, such as code amendments, capital projects, or other physical improvements, would be subject to separate CEQA review at the time they are prepared, as applicable. _____________________________________
Prepared by: Piu Ghosh, Planning Manager
Luke Connolly, Assistant Director of Community Development Jacqueline Protsman-Rohr, Senior Associate I
Eli Krispi, Senior Associate
Tammy L. Seale, Principal
Reviewed by: Benjamin Fu, Director of Community Development Floy Andrews, Interim City Attorney
Kirsten Squarcia, Deputy City Manager
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Draft Resolution with Exhibits GPA-1 through GPA-4
B – Memo from PlaceWorks dated September 15, 2026
C – Redlined General Plan Policy Chapter 7 and Appendix E D – CEQA Exemption memo dated September 15, 2026