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PC 03-11-2025 Searchable PacketCITY OF CUPERTINO PLANNING COMMISSION AGENDA 10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, March 11, 2025 6:45 PM IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall. Members of the audience who address the Commission must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 2) E-mail comments by 5:00 p.m. on Tuesday, March 11 to the Commission at planningcommission@cupertino.org. These e-mail comments will be received by the commission members before the meeting and posted to the City’s website after the meeting. Members of the public may provide oral public comments in person during the meeting as follows: Comments may be made during “Oral Communications” for matters not on the agenda, and during the public comment period for each agenda item. If you wish to provide oral communications, please complete a speaker request card located in front of the Commission and deliver it to staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. Members of the public that wish to share a document when providing oral comments may do so at the overhead projector at the podium or email the document to planningcommission@cupertino.gov by 5:00p.m. Page 1 1 PC 03-11-2025 1 of 77 Planning Commission Agenda March 11, 2025 Documents received by email will be posted to the City website after the meeting. Please limit your comments to three (3) minutes or less. Teleconferencing Instructions To address the Commission, click on the link below to register in advance and access the meeting: Online: Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_nsYaZs0TTo2q24T1AX-SWw Phone Dial: 669-900-6833 and enter WEBINAR ID: 977 5710 3299 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 144.195.19.161 (US West) 206.247.11.121 (US East) Meeting ID: 977 5710 3299 SIP: 97757103299@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Chair calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before their turn to speak. Page 2 2 PC 03-11-2025 2 of 77 Planning Commission Agenda March 11, 2025 4. When speaking, please limit your remarks to three (3) minutes or less and the specific agenda topic. 5. Members of the public that wish to share a document when providing oral comments by teleconference must email the document to planningcommission@cupertino.gov by 5:00 p.m. These documents will be posted to the City website after the meeting. PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1.Subject: Approval of the February 25, 2025 Planning Commission Minutes Recommended Action: Approve the February 25, 2025 Planning Commission Minutes 1 - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. CONSENT CALENDAR - None Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. PUBLIC HEARINGS 2.Subject: Hillside Exception to consider the construction of a new single-family residence on a vacant hillside property with cumulative disturbance exceeding 500 square feet on slopes greater than or equal to 30%. (Application No(s).: EXC-2023-001; Applicant(s): Zhaoguang Lei and Weiju Zhang; Location: 22346 Regnart Road; APN(s): 366 40 005) Recommended Action: That the Planning Commission adopt the proposed draft resolution to: 1. Find the project exempt from CEQA; and 2. Approve the Hillside Exception (EXC-2023-001) (Attachment 1) Page 3 3 PC 03-11-2025 3 of 77 Planning Commission Agenda March 11, 2025 Staff Report 1 - PC Resolution 2 - Site Plan 3.Subject: Use Permit Modification, Architectural and Site Approval, and Tree Removal Permit for the construction of a 275-crypt garden Mausoleum and removal and replacement of 5 development trees. (Application No.: M-2024-002, ASA-2024-002, & TR-2024-023; Applicant: Gates of Heaven Cemetery; Location: 22557 Cristo Rey Drive; APN: 342-63-002) RECOMMENDED ACTIONS That the Planning Commission adopt the proposed draft resolutions (Attachment 1 -3) to: 1. Find the project exempt from CEQA and approve the Use Permit Modification (M- 2024-002); 2. Approve the Architectural and Site Approval Permit (ASA-2024-002); and 3. Approve the Tree Removal Permit (TR-2024-023). Staff Report 1 - Draft Resolution for M-2024-002 2 - Draft Resolution for ASA-2024-002 3 - Draft Resolution for TR-2024-003 4 - Santa Clara County Use Permit 5 - Site Plans Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. OLD BUSINESS - None NEW BUSINESS - None STAFF AND COMMISSION REPORTS This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the Commission and for Commissioners to report on any Commission related activities they have taken part in since the prior regularly scheduled meeting. FUTURE AGENDA SETTING This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be brief and without discussion by the Commission. Page 4 4 PC 03-11-2025 4 of 77 Planning Commission Agenda March 11, 2025 ADJOURNMENT If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Planning Commission after publication of the packet will be made available for public inspection in the Community Development Department located at City Hall, 10300 Torre Avenue, Cupertino, California 95014 during normal business hours and in Planning packet archives linked from the agenda/minutes page on the City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100, written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 5 5 PC 03-11-2025 5 of 77 CITY OF CUPERTINO Agenda Item 25-13793 Agenda Date: 3/11/2025 Agenda #: 1. Subject:Approval of the February 25, 2025 Planning Commission Minutes Approve the February 25, 2025 Planning Commission Minutes CITY OF CUPERTINO Printed on 3/6/2025Page 1 of 1 powered by Legistar™6 PC 03-11-2025 6 of 77 DRAFT MINUTES CUPERTINO PLANNING COMMISSION Tuesday, February 25, 2025 At 6:45 p.m. Chair Santosh Rao called the Regular Planning Commission meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference. ROLL CALL Present: Chair Santosh Rao, Vice Chair Tracy Kolsolcharoen, and Commissioners David Fung and Steven Scharf. Commissioner Seema Lindskog attended remotely. APPROVAL OF MINUTES 1. Subject: Approval of the December 10, 2024 Planning Commission Minutes Recommended Action: Approve December 10, 2024 Planning Commission Minutes Chair Rao opened the public comment period and, seeing no one, closed the public comment period. MOTION: Fung moved and Scharf seconded to approve the December 10, 2024 Planning Commission Minutes. The motion carried with the following vote: Ayes: Kolsolcharoen, Fung, Lindskog, Scharf. Noes: None. Abstain: Rao. Absent: None. 2. Subject: Approval of February 11, 2025 Planning Commission Minutes Recommended Action: Approve February 11, 2025 Planning Commission Minutes Chair Rao opened the public comment period and, seeing no one, closed the public comment period. MOTION: Scharf moved and Rao seconded to approve the February 11, 2025 Planning Commission Minutes. The motion carried with the following vote: Ayes: Rao, Kolsolcharoen, Fung, Scharf. Noes: None. Abstain: Lindskog. Absent: None. 7 PC 03-11-2025 7 of 77 POSTPONEMENTS – None ORAL COMMUNICATIONS Jennifer Griffin spoke about Housing Bill SB-79 and her concerns related to the bill. CONSENT CALENDAR- None PUBLIC HEARINGS – None OLD BUSINESS – None NEW BUSINESS – 3. Subject: 2024 General Plan Report Recommended Action: Receive the General Plan Report Planning Manager Piu Ghosh delivered the staff report. Chair Rao asked staff clarifying questions. Chair Rao opened the floor for Commissioner questions. Commissioners asked questions, which staff responded to. Chair Rao opened the public comment period and the following people spoke: • Jennifer Griffin. Chair Rao closed the public comment period. The Commissioners discussed the report and asked questions, which staff responded to. Chair Rao asked Commissioner Lindskog if she had any questions. Lindskog stated she did not have questions. STAFF AND COMMISSION REPORTS Planning Manager Piu Ghosh stated that the waitlist for the Planning Commissioner Academy was closed – and staff would do more research and bring that information back to the Planning Commission on other training options, if available. Chair Rao asked if it was possible to get slides from the event or other information from the event. Planning Manager Piu Ghosh noted that staff would investigate options to get training for 8 PC 03-11-2025 8 of 77 the Commissioners. Commissioner Scharf stated that he met with the owner of the Atria parcel at Westport, and that he met with residents at the North Portal Area. FUTURE AGENDA SETTING Commissioner Scharf also stated that he wants the Planning Commission to reconsider the number of ADUs allowed on properties since the City allows more than the number required under state law. Chair Rao requested clarification. The item was seconded by Vice Chair Kolsolcharoen. Vice Chair Kolsolcharoen asked about the subcommittees that Commissioner Scharf proposed as future agenda items at the previous meeting. Chair Rao stated that they would need to work through future agenda items, then come back to that and work through the logistics. ADJOURNMENT At 7:09 p.m., Chair Rao adjourned the Regular Planning Commission Meeting. Minutes prepared by: Lindsay Nelson, Administrative Assistant 9 PC 03-11-2025 9 of 77 CITY OF CUPERTINO Agenda Item 25-13794 Agenda Date: 3/11/2025 Agenda #: 2. Subject: Hillside Exception to consider the construction of a new single-family residence on a vacant hillside property with cumulative disturbance exceeding 500 square feet on slopes greater than or equal to 30%. (Application No(s).: EXC-2023-001; Applicant(s): Zhaoguang Lei and Weiju Zhang; Location: 22346 Regnart Road; APN(s): 366 40 005) That the Planning Commission adopt the proposed draft resolution to: 1. Find the project exempt from CEQA; and 2. Approve the Hillside Exception (EXC-2023-001) (Attachment 1) CITY OF CUPERTINO Printed on 3/6/2025Page 1 of 1 powered by Legistar™10 PC 03-11-2025 10 of 77 PLANNING COMMISSION STAFF REPORT Meeting Date: March 11, 2025 SUBJECT Hillside Exception to consider the construction of a new single-family residence on a vacant hillside property with cumulative disturbance exceeding 500 square feet on slopes greater than or equal to 30%. (Application No(s).: EXC-2023-001; Applicant(s): Zhaoguang Lei and Weiju Zhang; Location: 22346 Regnart Road; APN(s): 366 40 005) RECOMMENDED ACTIONS That the Planning Commission adopt the proposed draft resolution to: 1. Find the project exempt from CEQA; and 2. Approve the Hillside Exception (EXC-2023-001) (Attachment 1) DISCUSSION Project Data: General Plan Designation: Very Low Density (5-20 Acre Slope Density Formula) Zoning Designation: RHS-120 (Residential Hillside with minimum net lot area of 120,000 sq.ft.) Net Lot Area 132,432 sq. ft. (3.04 acres) Project Data Required Proposed Maximum Allowable Development 6,500 sq. ft. max. 6,436 sq. ft. Building Height 30’ max. 29’ Setbacks 1st Floor 2nd Floor 1st Floor 2nd Floor Front 10’ 25’ 26’-6” 26’-6” Sides 10’ 15’ 68’ 74’ Rear 20’ 25’ 335’ 340’ Grading Quantity (cubic yards) 2,500 cubic yards max. (excluding basements) 1,254 cubic yards Total Flat Yard Area 2,500 square feet max. (excluding driveways) 2,351 square feet 11 PC 03-11-2025 11 of 77 Parking 6 spaces min. 6 spaces Project Consistency with: General Plan: Yes Zoning: Yes, with approved Hillside Exception Environmental Assessment: Categorically Exempt per Section 15303 (Class 3) of the California Environmental Quality Act (CEQA) construction or conversion of small facilities or structures. Background: The project site (Figure 1) is located within the South Monta Vista neighborhood in a Residential Hillside (RHS) zoning district and is surrounded by hillside single-family residences. The RHS district is intended to balance residential uses while preserving natural settings and protecting life and property from natural hazards. The vacant property sits near the terminus of a privately maintained extension of Regnart Road. The lot was created as part of the 24-lot Regnart Ridge subdivision in 1979. No previous construction has been proposed on this site and the property is not on a prominent ridgeline. Application Request: The applicants and property owners, Zhaoguang Lei and Weiju Zhang, are proposing the construction of a new, two-story, single-family residence. The proposed residence will be 6,436 square feet and consists of a 2,996 square foot lower story living area with an 877 square foot garage and a 2,563 square foot upper story living area. Much of the property faces downhill. A downhill, rear yard facing deck wraps the majority of the upper story. The parcel will have six parking spaces as required by the Parking Ordinance, Chapter 19.124 of the Cupertino Municipal Code, three enclosed (inside garage) and three driveway parking spaces. As part of the project, the applicant is required to improve the existing private street, which serves this and neighboring properties, pursuant to the Fire Department requirements. The applicant is required to widen the existing private street Figure 1 Site Aerial 12 PC 03-11-2025 12 of 77 along their front property line and construct an improved fire turn-around at the terminus of the street. Analysis: Hillside Exception The RHS Ordinance, Chapter 19.40 of the Cupertino Municipal Code, prohibits any structures or improvements over 500 square feet in area on slopes greater than 30% unless an exception is granted. The intent of the requirement is to minimize and discourage unnecessary hillside grading activities and visual disturbances. However, if the project/property presents unique circumstances or hardships (typically physical/topographic challenges), then the City may consider an exception provided that the project is designed to minimize the extent of the exception and impacts to the surrounding hillside. The City has historically granted exceptions to allow reasonable development of steeper hillside properties planned for residential or allowed accessory uses. Much of the property has slopes greater than 30%, with the entire site having an average slope of 45%. Therefore, almost any development on the property or grading will require the City to consider a hillside exception request. The proposed residence will be located on the least sloping portion of the property with an average slope of 36% within the area of work. The residence has been located adjacent to the existing private street in order to avoid excessive grading of the site. The proposed residence is largely located on less steep slopes; however, portions of the house and the proposed leach field lines are on the steeper slopes. Cumulatively, the area of development on slopes greater than 30% exceeds 500 square feet and requires an exception. Other homes in the neighborhood have been developed with similar floor areas and on similar slopes, with two residences requiring approval of a Hillside Exception along the shared private road. Other properties within the neighborhood have similar slopes, however, residences on these properties were developed prior to the Residential Hillside standards being put into place and, therefore, did not require a Hillside Exception. The total grading for the development on the property is 1,254 cubic yards (cut and fill), within the maximum allowable grading limits of the Residential Hillside Ordinance of 2,500 cubic yards. Except for development that impacts more than 500 square feet on slopes greater than 30%, the proposed residence complies with all other aspects of the RHS zone’s site development regulations. The development will be constructed with appropriate geotechnical review and inspections as described below. 13 PC 03-11-2025 13 of 77 Geological Review The property is in a slope instability hazard zone. The City’s consulting geologist, Cotton Shires Associates, has peer reviewed the geotechnical and geologic report submitted by the project geologist, Associated Terra Consultants, Inc. The peer review concludes that the report provided is reasonable and adequate, and the project is geotechnically feasible. The City’s geologist recommended that geotechnical plan review and geotechnical construction inspections occur at the time a Building Permit is processed. These recommendations are incorporated as project conditions of approval. Design The residence complies with the RHS design standards as it generally follows the primary natural contour of the lot, is designed to present a low, single-story profile from the adjoining roadway, and incorporates natural earth tones with low light reflectivity values of 60 or less. Generally, color reflectivity is measured on a scale from 0 (i.e. black, no light reflection) to 100 (i.e. white, all light reflected). A low to medium reflectivity value is in the 0-60 range, comprising of darker and warmer colors that absorb more light. Existing trees and proposed landscaping, including additional trees and ground covering plants and grasses provide additional assurance of eliminating visual impacts. The subject site is not located within an identified ridgeline and the highest point of the site is located approximately 40 feet below the nearest ridgeline. Thus, the proposed project will not consist of structures which would disrupt the natural silhouette of ridgelines as viewed from established vantage points on the valley floor. Trees and Landscaping The project is located in a manner to avoid the removal of any protected trees. The construction will result in the removal of two, non-protected trees (Eastern White Pine) within the area of disturbance. An existing 15-inch oak tree will be protected in place and conditions of approval are incorporated as part of the project approval to ensure that proper tree protection measures are installed and that the tree is monitored during construction. Approximately 14,500 square feet of landscaping, using low water use plant species, is proposed to re-landscape the areas disturbed by project grading. Road Improvements The project includes required improvements to the private street to meet fire safety access requirements and storm drainage needs. The improvements have been reviewed by the Public Works Department and County Fire Department. No protected trees will be removed due to the street improvements. Findings and Conclusion The Cupertino Municipal Code includes ‘findings’ for approval of various permits necessary to approve the proposed project. These provide a framework for making 14 PC 03-11-2025 14 of 77 decisions and facilitating an orderly analysis of the review of a proje ct. The findings for the Hillside Exception sought by the applicant that the City must make in rendering a decision whether to grant an exception on this project have been outlined and responded to in the proposed resolution (Attachment 1). In summary, the lot is surrounded by existing hillside single-family residences. Most onsite development would result in disturbance of more than 500 square feet on slopes exceeding 30% and would require a Hillside Exception. Development cannot feasibly occur on the property without a Hillside Exception request as the site is constrained by steep slopes that limit areas on the parcel where development may occur. The siting and design of the proposed residence will follow the contours of the site to minimize grading, minimize the removal of landscaping and reduce the visibility of retaining walls necessary on site to develop the property in a manner consistent with the Residential Hillside Ordinance. A geotechnical study has been conducted for the proposed project and all recommendations of the geotechnical consultant have been incorporated into the development conditions of the approval. Therefore, staff recommends approval of the Hillside Exception since the plans and conditions of approval address all concerns related to the proposed project and all of the findings for approval of the proposed project, consistent with Chapter 19.40 of the Cupertino Municipal Code, have been met. Environmental Assessment: The project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), pursuant to CEQA Guidelines section 15303. The exemption applies to new construction or conversion of small facilities or structures, including single-family residences (see CEQA Guidelines § 15303(a)) and none of the exceptions to the categorical exemptions in CEQA Guidelines section 15300.2 apply. Other Department/Agency Review: The City’s Building Division, Public Works Department, and the Santa Clara County Fire Department have reviewed and conditionally approved the project. Their pre-hearing comments/conditions have been incorporated as conditions of approval in the draft resolution (Attachment 1). PUBLIC NOTICING & OUTREACH The table on the following page is a brief summary of the noticing done for this project: 15 PC 03-11-2025 15 of 77 Public Notice Agenda  Site Signage (14 days prior to the hearing)  Legal ad placed in newspaper (at least 10 days prior to the hearing)  8 public hearing notices mailed to property owners within 300 feet of the project site (10 days prior to the hearing)  Posted on the City’s official notice bulletin board (one week prior to the hearing)  Posted on the City of Cupertino’s website (one week prior to the hearing) No public comments have been received as of the date of production of this staff report (February 28, 2025). NEXT STEPS Should the project be approved, the Planning Commission’s decision on this proposal is final unless an appeal is filed within 14-calendar days of the date of the mailing of the decision on March 11, 2025. The applicant may apply for building and other permits at the end of the appeal period. This approval expires on March 11, 2027, at which time the applicant may apply for a one-year extension. Prepared by: Emi Sugiyama, Associate Planner Reviewed by: Piu Ghosh, Planning Manager Approved by: Luke Connolly, Assistant Director of Community Development ATTACHMENTS 1 – Draft Resolution for EXC-2023-001 2 – Site Plan 16 PC 03-11-2025 16 of 77 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2025-XX OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE WITH CUMULATIVE DISTURBANCE EXCEEDING 500 SQUARE FEET ON SLOPES GREATER THAN OR EQUAL TO 30% LOCATED AT 22346 REGNART ROAD SECTION I: PROJECT DESCRIPTION Application No.: EXC-2023-001 Applicants: Zhaoguang Lei and Weiju Zhang Location: 22346 Regnart Road (APN 366 40 005) SECTION II: FINDINGS FOR A HILLSIDE EXCEPTION: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Hillside Exception as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 153 03 for the reasons set forth in the staff report dated March 11, 2025 and incorporated herein; and WHEREAS, on March 11, 2025, the Planning Commission held a duly noticed public hearing to receive public testimony on the Project, including the categorical CEQA exemption in CEQA Guidelines section 15303, and reviewed and considered the information contained in the staff report pertaining to the Project, all other pertinent documents, and all written and oral statements received by the Planning Commission at or prior to the public hearing; and 17 PC 03-11-2025 17 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 2 of 29 WHEREAS, the applicant has met the burden of proof required t o support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: 1. The proposed development will not be injurious to property or improvements in the area nor be detrimental to public health and safety; The proposed site is situated on a private road to the north of Regnart Road. The previously undeveloped lot is surrounded by existing hillside single-family residences. A geotechnical study has been conducted for the proposed project and all recommendations of the geotechnical consultant have been incorporated into the development conditions of the approval. In addition, the development is required to meet the Best Management Practices (BMPs), as required by the State Water Resources Control Board and the Bay Area Air Quality Management District’s (BAAQMD) air quality standards for construction activities. The project is also required to adhere to the City’s C.3 Municipal Permit for stormwater runoff management. Therefore, the development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. 2. The proposed development will not create a hazardous condition for pedestrian or vehicular traffic; The proposed residence will be serviced by a new driveway located off of an existing shared private road. A portion of the private road is located on the subject site. The location of the driveway is not unique from the location of the driveways of other properties that share the private road. The addition of the driveway for one single family home is not expected to create a hazardous condition for pedestrian or vehicular traffic. During construction, the developer must also submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. Therefore, the development will not create a hazardous condition for pedestrian or vehicular traffic. 3. The proposed development has legal access to public streets and public services are available to serve the development; The property will be accessed by an existing shared private road off of Regnart Road. A shared maintenance agreement is already recorded for the maintenance and use of the private road. In addition, water connections are available in the street and the project incorporates a private septic system to treat wastewater. The project has been reviewed by the County Fire Department for fire access and requirements from the Fire Department have been incorporated into the projects design. Therefore, the development has legal access to public streets and public services to serve the development. 18 PC 03-11-2025 18 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 3 of 29 4. The proposed development requires an exception which involves the least modification of, or deviation from, the development regulations prescribed in this chapter necessary to accomplish a reasonable use of the parcel; As the parcel is steep, with an average slope of 45%, any development onsite that affects more than 500 square feet of the slope (e.g. any home, structure or driveway construction in an area over 500 s.f.) would require a Hillside Exception. The proposed residence is sited on the flattest portion of the lot, adjacent to the existing private road. The siting and design of a proposed house will follow the contours of the site to minimize grading, minimize the removal of oak trees and reduce the visibility of retaining walls necessary on site to develop the property in a manner consistent with the Residential Hillside ordinance. Aside from the exception to allow more than 500 s.f. of construction on slopes greater than 30%, the proposed development will comply with all other development regulations of the RHS zoning district including, but not limited to, building heigh t, setbacks, and floor area. The development involves the least modification of the prescribed development regulations necessary to accomplish a reasonable use of the parcel. 5. All alternative locations for development on the parcel have been considered and have been found to create greater environmental impacts than the location of the proposed development; As the parcel is steep, with an average slope of 45%, any development onsite, whether that of a home, garage, or even, a driveway, that is over 500 square feet would require a Hillside Exception. The siting and design of a proposed house will follow the contours of the site to minimize grading, minimize the removal of oak trees and reduce the visibility of all retaining walls necessary to develop the property in a manner consistent with the purpose of the Hillside Ordinance. Other alternative locations for development on the parcel would result in greater grading on the site, grading of steeper slopes, an increased removal of additional native trees than currently proposed, and an increased number and height of retaining walls required to accommodate the development. The proposed development has been located to minimize environmental and grading impacts on the site. 6. The proposed development does not consist of structures on or near known geological or environmental hazards which have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein (See General Plan Policy 2-49); The geotechnical report and peer review do not indicate any conflicts with geological or environmental hazards. Additionally, all recommendations of the geotechnical engineers have been incorporated into the conditions of approval in order to ensure structural stability of the 19 PC 03-11-2025 19 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 4 of 29 proposed building. Therefore, the proposed development does not consist of structures that have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. 7. The proposed development includes grading and drainage plans which will ensure that erosion and scarring of the hillsides caused by necessary construction of roads, housing sites, and improvements will be minimized (See General Plan Policies 2-53, 2-54 and 2-57); The proposed development follows, as closely as possible, the primary natural contours of the lot to minimize erosion and scarring of the hillsides caused by necessary construction of the housing site and improvements. Drainage and grading plans have been reviewed, and will continue to be reviewed, by the City Engineer and the City’s consultant geotechnical engineers to ensure the safety of the development and of those neighboring residences. 8. The proposed development does not consist of structures which would disrupt the natural silhouette of ridgelines as viewed from established vantage points on the valley floor unless either: a. The location of a structure on a ridgeline is necessary to avoid greater negative environmental impacts; or b. The structure could not otherwise be physically located on the parcel and the size of the structure is the minimum which is necessary to allow for a reasonable use of the parcel (See General Plan Policies 2-46, 2-47 and 2-48); The subject site is not located within an identified ridgeline and the highest point of the site is located approximately 40 feet below the nearest ridgeline. Thus, the proposed project will not consist of structures which would disrupt the natural silhouette of ridgelines as viewed from established vantage points on the valley floor. 9. The proposed development consists of structures incorporating designs, colors, materials, and outdoor lighting which blend with the natural hillside environment and which are designed in such a manner as to reduce the effective visible mass, including building height, as much as possible without creating other negative environmental impacts (See General Plan Policies 2-46, 2-50, 2-51 and 2-52); including The applicant is required to use natural earth tone and/or vegetation colors, which blend with the natural hillside environment (as a condition of approval) and has designed the project in such a manner as to reduce the effective visible mass to surrounding neighbors as much as possible. In addition, the applicant has proposed to plant additional trees within the area of disturbance and retain many of the existing trees on in order to further reduce the effective visible mass of the proposed home. 20 PC 03-11-2025 20 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 5 of 29 10. The proposed development is located on the parcel as far as possible from public open space preserves or parks (if visible there from), riparian corridors, and wildlife habitats unless such location will create other, more negative environmental impacts (See General Plan Policies 2-55, 5-14 and 5-28); The project is within the vicinity of the Coyote Ridge Trail and may be visible from certain vantage points along a nearby portion of the trail. However, the project has been proposed along the furthest property line from the trail and the existing trees and vegetation are expected to lessen the potential visual impacts from the residence. The parcel is not located adjacent to a riparian corridor or wildlife habitat and is adjacent to other developed properties with a similar zoning. Since wildlife (particularly deer) are expected to traverse the property, the development has been required as a condition of approval (and mitigation measure) to limit the fencing allowed on site in order to allow the migration of wildlife habitats. 11. The proposed development includes a landscape plan, which retains as many specimen trees as possible, which utilizes drought-tolerant native plants and ground covers consistent with nearby vegetation, and which minimizes lawn areas (See General Plan Policies 2-54, 5-15 and 5-16); A preliminary landscape plan has been provided and evaluated, and the project is conditioned to provide a landscape plan to be reviewed and approved prior to Building Permit issuance. The proposed project preserves the vast majority of the existing natural landscape on the site. The project is required to comply with Chapter 14.15: Landscape Ordinance of the City of Cupertino’s Municipal Code (CMC) and additionally required to minimize turf areas on hillsides, with turf being completely disallowed on slopes greater than 25%. Also, since the site is located within in an area designated Wildland Urban Interface by CMC Chapter 16.74, fire-prone plant materials and highly flammable mulches are strongly discouraged. Plants will be selected, arranged, and maintained to provide defensible space for wildfire protection, in conformance with California Public Resources Code Section 4291. The installation of invasive plant species and noxious weeds is prohibited. Through the proposed site design and conditions of approval, which limit invasive species of plants and turf areas, a balance between the residential development and preservation of the natural hillside setting will be maintained. 12. The proposed development confines solid fencing to the areas near a structure rather than around the entire site (See General Plan Policy 5-17); and Since wildlife (particularly deer) are expected to traverse the property and to allow free movement of animals, only 5,000 square feet (excluding the principal building) of net lot area may be enclosed with solid fencing. 21 PC 03-11-2025 21 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 6 of 29 13. The proposed development is otherwise consistent with the City's General Plan and with the purposes of this chapter as described in Section 19.40.010. The development meets all the development standards for RHS zoned properties and is consistent with the City's General Plan and with the purposes of Chapter 19.40 as described in Section 19.40.010. These have been described in detail in each of the findings above. WHEREAS, the Planning Commission has independently reviewed and considered the Project and the basis for the exemption prior to taking any approval actions on the Project, and exercising its independent judgment, based upon the entire record before it, has determined that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15303, which applies to new construction or conversion of single-family residences and accessory structures; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the following actions: 1. Exercises its independent judgment and determines that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15303. The exemption in CEQA Guidelines section 15303 applies to new construction or conversion of single-family residences and accessory structures. The proposed project is a new single-family residence. 2. Approves the application for a Hillside Exception, Application no. EXC-2023-001 subject to the conditions which are enumerated in this Resolution beginning on PAGE 6 thereof. The conclusions and sub-conclusions upon which the findings and conditions specified in this resolution are based, including those contained in the Public Hearing record concerning Application no. EXC-2023-001 as set forth in the Minutes of Planning Commission Meeting of March 11, 2025, are hereby incorporated by reference as though fully set forth herein. NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing recitals are true and correct and are included herein by reference as findings. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. General Conditions of Approval 1. APPROVED EXHIBITS Approval is based on the plan set consisting of thirty-six (36) sheets, labeled Sheets A1 through A14, C1 through C6, L1 through L12, MB1, SP1, SP2, and T1, submitted by the Applicants, which indicate the maximum extent of development on the site 22 PC 03-11-2025 22 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 7 of 29 and includes a grading quantity except as may be amended by conditions in this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 3. BUILDING PERMITS The applicant shall consult with the City Building Division to obtain the necessary building permits prior to commencement of work. 4. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible for verifying all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 5. PREVIOUS CONDITIONS OF APPROVAL All previous conditions of approval from TM-1977-10 shall remain in effect unless superseded by or in conflict with subsequent conditions of approval, including the conditions contained herein in this resolution. 6. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The exterior colors and materials shall be natural earth tones and have low light reflectivity values of 60 or less. The final building exterior plan shall closely resemble the details shown on the original approved plans. Any exterior changes determined to be substantial by the Director of Community Development shall require a minor modification approval with neighborhood input. 7. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or a gencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 23 PC 03-11-2025 23 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 8 of 29 Conditions Prior to Building Permit Issuance 8. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN Prior to commencement of construction activities, the applicant shall arrange for a pre-construction meeting with the pertinent departments (including, but not limited to, Building, Planning, Public Works, Santa Clara County Fire Department), prior to issuance of grading and/or building permits, to review an applicant-prepared construction management plan including, but not limited to: a. Plan for compliance with conditions of approval b. Plan for public access during work in the public right-of-way, if applicable c. Construction staging area d. Construction schedule and hours e. Construction phasing plan, if any f. Contractor parking area g. Tree preservation/protection plan h. Site dust, noise and storm run-off management plan i. Emergency/complaint and construction site manager contacts 9. BIRD SAFE COMPLIANCE Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved plans to comply with development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all necessary documentation required to determine compliance with the Municipal Code. 10. DARK SKY COMPLIANCE Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with development standards of Cupertino Municipal Code Section 19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all documentation required to determine compliance with the Municipal Code. 11. TREE PROTECTION BOND Prior to grading permit issuance, a tree protection bond is required for all trees slated for preservation. The bond shall be for an amount equivalent to their replacement. 24 PC 03-11-2025 24 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 9 of 29 12. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per section 14.15.040 of the Landscaping Ordinance. The Water- Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. 13. LANDSCAPE INSTALLATION REPORT A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed and prior to final occupancy. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule. The landscape installation report shall include the following statement: “The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit.” 14. GEOTECHNICAL PLAN REVIEW AND SUPPLEMENTAL GEOTECHNICAL CONSIDERATIONS The applicant's geotechnical consultant shall review and approve all geotechnical aspects of the development plans (i.e., including site preparation and grading, site drainage improvements and design parameters for building foundations and retaining walls) to ensure that their recommendations have been properly incorporated. The following should be specifically addressed:  The Project Geotechnical Consultant should review the Civil Plans, and in particular the grading, drainage, landscape, and septic layout, and assure that the proposed grading, and introduction of landscape water and septic effluent will not alter the stability state of the hillside below acceptable levels. The consultant shall specifically address this in their plan review letter.  Update/review the seismic design criteria data, to include the site as a Class C site, and evaluate the anticipated PGA values, which appear low. 25 PC 03-11-2025 25 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 10 of 29 The Geotechnical Plan Review shall be submitted to the City for review by City Staff and City Geotechnical Consultant prior to issuance of building permits. 15. SEPTIC SYSTEM Prior to building permit issuance, the applicant/property owner shall be required to comply with the current requirements of the Santa Clara County Department of Environmental Health for use of a septic system to serve the property. 16. TRASH PICKUP PLAN Prior to building permit issuance, the applicant shall provide a trash pickup plan. 17. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining de velopments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 18. HOUSING MITIGATION FEES The applicant shall participate in the City’s Below Market Rate (BMR) Housing Program by paying the housing mitigation fees as per the Housing Mitigation Manual, prior to building permit issuance. The estimated mitigation fee for this project is $140,755.32 based on the 2024-2025 fiscal year rate of $21.87 per square foot of residential area. 19. COORDINATION OF OFF-SITE IMPROVEMENTS The applicant shall communicate and coordinate all off-site road improvements and utility extensions with affected adjacent property owners. The applicant shall also submit to the City written confirmation from the owner/trustee of the property to the west that he/she has reviewed the development plans and is agreeable to the improvements in the easement area. 20. SCREENING OF RETAINING WALLS As part of the building permit submittal the applicant shall prepare a landscape plan that screens visible retaining walls and grading scars from public street views. The screening shall be accomplished through a combination of trees, shrubs and vines and pigmented concrete matched to the surrounding soils for the review and approval of the Director of Community Development. 26 PC 03-11-2025 26 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 11 of 29 21. EXTERIOR COLORS/TREATMENTS Prior to issuance of the building permit, final colors and materials shall be assembled and included with the construction plans. 22. FUGITIVE DUST CONTROL Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District’s Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction. 23. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT Prior to issuance of the first building permit, the Applicant shall include a note on all plans where paint specifications or other design specifications are listed, that the project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or less) for interior and exterior wall architectural coatings. 24. NOISE DURING CONSTRUCTION Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity: a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on-site Construction Manager. Noise reduction measures selected and implemented shall be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor(s), site terrain, and other features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits. 27 PC 03-11-2025 27 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 12 of 29 b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase. c. Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes. d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law. 25. PALEONTOLOGICAL RESOURCES Prior to issuance of the any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall implement the following measures: a. If paleontological resources are encountered during ground disturbing and/or other construction activities, all construction shall be temporarily halted or redirected to allow a qualified paleontologist, which shall be retained by the project applicant, to assess the find for significance and the Applicant shall notify the City. b. If paleontological resources are found to be significant, the paleontological monitor shall determine appropriate actions, in coordination with a qualified paleontologist, City staff, and property owner. Appropriate actions may include, but are not limited to, a mitigation plan formulated pursuant to guidelines developed by the Society of Vertebrate Paleontology and implemented to appropriately protect the significance of the resource by preservation, documentation, and/or removal, prior to recommencing activities. Measures may include, but are not limited to, salvage of unearthed fossil remains and/or traces (e.g., tracks, trails, burrows); screen washing to recover small specimens; preparation of salvaged fossils to a point of being ready for curation (e.g., removal of enclosing matrix, stabilization and repair of specimens, and construction of reinforced support cradles); and identification, cataloging, curation, and provision for repository storage of prepared fossil specimens. 28 PC 03-11-2025 28 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 13 of 29 26. AVOID NESTING BIRDS DURING CONSTRUCTION Prior to issuance of the any demolition, grading and building permit, indicate the following on all construction plans: a. Demolition, construction, ground-disturbing, and tree removal/pruning activities shall be scheduled to be completed prior to nesting season (F ebruary 1 through August 31), if feasible. b. If demolition, construction, ground-disturbing, or tree removal/pruning activities occur during the nesting season (February 1 and August 31), preconstruction surveys shall be conducted as follows: i. No more than 7 days prior to the start of demolition, construction, ground- disturbing, or tree removal/pruning activities, in order to identify any active nests with eggs or young birds on the site and surrounding area within 100 feet of construction or tree removal activities. ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground-disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction areas for active nests, while ensuring that they do not disturb the nests as follows: 1) For projects that require the demolition or construction one single-family residence, ground disturbing activities affecting areas of up to 500 square feet, or the removal of up to three trees, the property owner or a tree removal contractor, if necessary, is permitted to conduct the preconstruction surveys to identify if there are any active nests. If any active nests with eggs or young birds are identified, the project applicant shall retain a qualified ornithologist or biologist to identify protective measures. 2) For any other demolition, construction and ground disturbing activity or the removal of four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys. iii. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, ground- disturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found 29 PC 03-11-2025 29 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 14 of 29 sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds. iv. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throug hout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. v. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her designee, through the appropriate permit review p rocess (e.g., demolition, construction, tree removal, etc.), and be completed to the satisfaction of the Community Development Director prior to the start of demolition, construction, ground-disturbing, or tree removal/pruning activities. 27. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES Prior to the issuance of any demolition, grading or building permit involving soil disturbance, the project applicant shall provide written verification, including the materials provided to contractors and construction crews, to the City confirming that contractors and construction crews have been notified of basic archaeological site indicators, the potential for discovery of archaeological resources, laws pertaining to these resources, and procedures for protecting these resources as follows: 30 PC 03-11-2025 30 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 15 of 29 a. Basic archaeological site indicators that may include, but are not limited to, darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials, either human or animal. b. The potential for undiscovered archaeological resources or tribal cultural resources on site. c. The laws protecting these resources and associated penalties, including, but not limited to, the Native American Graves Protection and Repatriation Act of 1990, Public Resources Code Section 5097, and California Health and Safety Code Section 7050 and Section 7052. d. The protection procedures to follow should construction crews discover cultural resources during project-related earthwork, include the following: 1. All soil disturbing work within 25 feet of the find shall cease. 2. The project applicant shall retain a qualified archaeologist to provide and implement a plan for survey, subsurface investigation, as needed, to define the deposit, and assessment of the remainder of the site within the project area to determine whether the resource is significant and would be affected by the project. 3. Any potential archaeological or tribal cultural resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation forms by a qualified archaeologist. If the resource is a tribal cultural resource, the consulting archaeologist shall consult with the appropriate tribe, as determined by the Native American Heritage Commission, to evaluate the significance of the resource and to recommend appropriate and feasible avoidance, testing, preservation or mitigation measures, in light of factors such as the significance of the find, proposed project design, costs, and other considerations. The archeologist shall perform this evaluation in consultation with the tribe. 28. HUMAN REMAINS AND NATIVE AMERICAN BURIALS Prior to issuance of the any demolition, grading and building permits that involve soil disturbance, include on plans a note that, during project construction, the project applicant shall comply with California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.98. a. In the event of discovering human remains during construction activities, there shall be no further excavation or disturbance of the site within a 100 -foot radius of the remains, or any nearby area reasonably suspected to overlie adjacent remains. 31 PC 03-11-2025 31 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 16 of 29 b. The Santa Clara County Coroner shall be notified immediately and shall make a determination as to whether the remains are Native American. c. If the Santa Clara County Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission (NAHC) within 24 hours. d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of the deceased Native American. e. The Most Likely Descendant has 48 hours following access to the project site to make recommendations or preferences regarding the disposition of the remains. If the Most Likely Descendant does not make recommendations within 48 hours after being allowed access to the project site, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance and provide documentation about this determination and the location of the remains to the NAHC and the City of Cupertino. Alternatively, if the owner does not accept the Most Likely Descendant’s recommendations, the owner or the descendent may request mediation by the NAHC. Construction shall halt until the mediation has concluded. 29. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 30. TRANSFORMERS Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area. 32 PC 03-11-2025 32 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 17 of 29 31. TREE PROTECTION As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for protected trees as applicable. In addition, the following measures shall be added to the protection plan:  For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work.  No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist.  No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City’s consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree.  Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth.  Tree protection conditions shall be posted on the tree protection barriers.  Retained trees shall be watered to maintain them in good health.  A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City’s consulting arborist shall inspect the trees to be retained and shall provide reviews prior to issuance of demolition, grading or building permits. Conditions During Construction 32. FIELD MOCK-UP OF EXTERIOR COLORS/TREATMENTS After the framing inspection and prior to installation, the exterior colors and materials shall be mocked-up in the field for the review and approval of the Director of Community Development. 33. CONSTRUCTION HOURS The applicant shall comply with any applicable standards in Chapter 10.48, Community Noise Control, of the Cupertino Municipal Code. The developer shall be responsible for educating all contractors and subcontractors of said construction restrictions. Rules and regulation pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of a developer appointed disturbance coordinator, shall be posted in a prominent 33 PC 03-11-2025 33 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 18 of 29 location at the entrance to the job site and along Regnart Road, prior to commencement of demolition and/or grading activities. 34. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible to the satisfaction of the Building Official. The applicant shall provide evidence that materials were recycled prior to final sign off of demolition/grading permits. 35. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. The applicant shall annotate all permit plans with the above requirements and shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated. 36. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: 34 PC 03-11-2025 34 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 19 of 29 a. Water all exposed surfaces areas (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. The applicant shall incorporate the City’s construction best management practices into the building permit plan set prior to any grading, excavation, foundation or building permit issuance. 37. NESTING BIRDS Nests of raptors and other birds shall be protected when in active use, as required by the federal Migratory Bird Treaty Act and the California Department of Fish and Game Code. 35 PC 03-11-2025 35 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 20 of 29 a. Construction and tree removal/pruning activities shall be scheduled to avoid the nesting season to the extent feasible. If feasible, tree removal and/or pruning shall be completed before the start of the nesting season to help preclude nesting. The nesting season for most birds and raptors in the San Francisco Bay area extends from February 1 through August 31. Preconstruction surveys (described below) are not required for tree removal or construction activities outside the nesting period. b. If construction activities and any required tree removal occur during the nesting season (February 1 and August 31), a qualified ornithologist shall be required to conduct surveys prior to tree removal or construction activities. Preconstruction surveys shall be conducted no more than 14 days prior to the start of tree removal, pruning or construction. Preconstruction surveys shall be repeated at 14-day intervals until construction has been initiated in the area after which surveys can be stopped. During this survey, the ornithologist shall inspect all trees and other possible nesting habitats in and immediately adjacent to the construction areas for nests. c. If the survey does not identify any nesting birds that would be affected by construction activities, no further mitigation is required. If an active nest containing viable eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented and protective measures implemented under the direction of the qualified ornithologist until the nests no longer contain eggs or young birds. d. Protective measures shall include establishment of clearly delineated exclusion zones (i.e. demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), 36 PC 03-11-2025 36 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 21 of 29 shall be submitted to the Planning Manager, through the building permit review process, and be completed to the satisfaction of the Community Development Director prior to the start of grading. 38. NOISE AND VIBRATION NOTICE At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall send notices of the planned activity by first class mail as follows: a. For projects on sites that are more than 0.5 acres or four or more residential units the notices shall be sent to off-site businesses and residents within 500 feet of the project site; b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units (not including Accessory Dwelling Units) notices shall be sent to off-site businesses and residents within 250 feet of the project site; or c. For projects on sites less than 0.25 acres or one residential unit, the notices shall be sent to off-site businesses and residents within 100 feet of the project site. The notification shall include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration. The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. The City will provide mailing addresses for the Applicant’s use. The project applicant shall provide the City with evidence of mailing of the notice, upon request. If pile driving, see additional noticing requirements below. 39. NOISE AND VIBRATION SIGNAGE At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall ensure that a sign measuring at least two feet by three feet shall be posted on construction fencing at the entrance(s) to the job site, clearly visible to the public, and include the following: a. Permitted construction days and hours; b. A description of proposed construction activities; c. Telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint; and d. Contact information for City’s and contractor’s authorized representatives that are assigned to respond in the event of a complaint related to fugitive dust, pursuant to the requirements for compliance with BAAQMD’s CEQA Air Quality Guidelines. 37 PC 03-11-2025 37 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 22 of 29 If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the complaint and the action taken to the City within three business days of receiving the complaint. 40. GEOTECHNICAL CONSTRUCTION INSPECTIONS Prior to final inspections, the City Geotechnical Consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations prior to placement of steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the City Geotechnical Consultant in a letter and submitted to the City Engineer for review and approval prior to final inspections. 41. TREE PROTECTION The existing trees to remain shall be protected during construction per the City’s Protected Tree Ordinance (Chapter 14.18 of the municipal code). A report ascertaining the good health of these trees shall be provided prior to issuance of final occupancy. 42. LANDSCAPE AND IRRIGATION MAINTENANCE A maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report prior to issuance of final occupancy, or any time before the landscape installation report is submitted prior to issuance of building permits. a. Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b. Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de- thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. c. Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 38 PC 03-11-2025 38 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 23 of 29 43. INDEMNIFICATION AND LIMITATION OF LIABILITY As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 44. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of 39 PC 03-11-2025 39 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 24 of 29 a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 45. PRIVATE ROAD EASEMENTS The Project is proposing to widen segments of the private roadway to 20 feet . The developer shall work with the Santa Clara County Fire Department to reserve any required emergency access easements over the newly widened roadway. Additionally, the Developer shall consult with a title company to record any necessary additional private access easements with the County Recorder. This will require a licensed Surveyor to prepare plats and legal descriptions. The newly recorded easement documents shall be provided to the City prior to issuance of Building Permits. 46. STREET & INFRASTRUCTURE IMPROVEMENTS Private street related infrastructure improvements along the project frontage, and potential along adjacent properties, are required. Street improvements, grading and drainage plans prepared by a registered civil engineer must be complet ed and approved prior to issuance of Building Permit. Evaluate & confirm existing condition of any storm inlet and pipe along the private road to ensure they are not impacted by the proposed roadway widening. Additional comments will be provided at building permit review stage and shall be incorporated prior to Building Permit approval. 47. ACCEPTANCE OF PROPERTY RIGHTS The Public Works Director, or his/her designee, shall have the authority to accept all offers of dedications, easements, quitclaims and other property rights and interests on behalf of the City. 48. GRADING Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications 40 PC 03-11-2025 40 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 25 of 29 and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 49. DRAINAGE Drainage shall be provided to the satisfaction of the Director of Public Works. Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessa ry to avoid an increase of the ten percent flood water surface elevation to the satisfaction of the Director of Public Works. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. All storm drain inlets shall be clearly marked with the words “No Dumping – Flows to Creek” using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division. Inspect and verify the conditions of all existing inlets and pipes. Evaluate if the drainage system needs to be cleaned, fixed, or upsized. Evaluate if retaining walls need to be removed and/or repaired. Provide a geotechnical report that has recommendations for grading, drainage, storm water treatment (include recommendations or exclusion regarding infiltration of storm water into sloped areas), and retaining wall structural improvements. Additional comments will be provided and shall be incorporated prior to Buildin g Permit. 50. C.3 REQUIREMENTS C.3 regulated improvements are required for new single family projects creating and/or replacing 10,000 S.F. or more of impervious surface, collectively over the entire project site. If the proposed improvements trigger C.3 requ irements, the developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Man agement Plan and a Storm Water Facilities Operation, Maintenance and Easement Agreement, and 41 PC 03-11-2025 41 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 26 of 29 certification of ongoing operation and maintenance of treatment BMPs are each required. 51. INSTALLATION AGREEMENT The project developer shall enter into an installation agreement (if required) with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, transportation impact fees, park dedication fees and fees for under grounding of utilities. S aid agreement and fees shall be executed and paid prior to issuance of Building permit. Fees: Checking & Inspection Fees: Per current fee schedule: $1,302 Grading Permit: Per current fee schedule: $4,891 or 6% of improvement costs Storm Drainage Fee: Per current fee schedule: $4,797 per unit Transportation Impact Fee: Per current fee schedule: $6,797 Encroachment Permit Fee: Per current fee schedule: TBD Park Fees: Per current fee schedule: $105,000 per unit Storm Management Plan Fee Per current fee schedule: $2,217 3rd Party Geotechnical Review:$5,750 (initial deposit. Total based on actual cost) Bonds: - Faithful Performance Bond: 100% of Off-site and On-site Improvements - Labor & Material Bond: 100% of Off-site and On-site Improvement - On-site Grading Bond: 100% of site improvements. The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 52. TRANSPORTATION The Project is subject to the payment of Transportation Impact Fees under City’s Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal Code). 53. PARKS The residential unit is subject to the payment of parkland fees in-lieu of parkland dedication per Chapter 13.08 of the Cupertino Municipal Code. 42 PC 03-11-2025 42 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 27 of 29 54. SURVEYS A Boundary & Topographic Survey and a horizontal control plan will be required for all new construction to ensure the proposed building will be set based on the boundary survey and setback requirements. The survey shall also include the properties along the private road to ensure the proposed roadway widening is properly designed. 55. UNDERGROUND UTILITIES Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. 56. WATER BACKFLOW PREVENTERS Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company. 57. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 58. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 59. EROSION CONTROL PLAN Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 43 PC 03-11-2025 43 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 28 of 29 60. WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 61. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control pla n for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 62. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 63. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the widened private roadway, location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant). 64. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 65. SAN JOSE WATER SERVICE COMPANY CLEARANCE Provide San Jose Water Service Company approval for water connection, service capability and location and layout of water lines and backflow prev enters before issuance of a building permit. 66. DEDICATION OF UNDERGROUND WATER RIGHTS Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley. 44 PC 03-11-2025 44 of 77 Resolution No. 2025-XX EXC-2023-001 March 11, 2025 Page 29 of 29 67. DEPARTMENT OF HEALTH Approval from Department of Health required for proposed septic tank prior to issuance of building permit. PASSED AND ADOPTED this 11th day of March, 2025, Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 45 PC 03-11-2025 45 of 77 30' 8° 31' 48" 15 17 15 17 Allowed Overall Height Site Section A-A 0+0 0 1+0 0 2+0 0 3+0 0 4+0 0 5+0 0 6+0 0 7+0 0 8+0 0 Existing Grade Proposed Grade Existing & Proposed Grade Proposed Structure Required R i d g e L i n e o f 15% Section A-A Section A-A Prominent Ridge Line 15 17 15 17 Allowed Overall Height Site Section A-A 0+0 0 1+0 0 2+0 0 3+0 0 4+0 0 5+0 0 6+0 0 7+0 0 8+0 0 Existing Grade Proposed Grade Existing & Proposed Grade Proposed Structure Required Ri d g e L i n e o f 15% Section A-A Section A-A Prominent Ridge Line E S W N DS DS DS DS DS DS DS DS DS DS 220V 220V 220V 220V 220V 2 2 0 V 2 2 0 V 2 2 0 V 2 2 0 V 2 2 0 V 2 2 0 V 2 2 0 V 220V 220V 220V TV TV TV TV TV T V T V T V T V T V T V T V T V TV TV TV C / 5 C / 5 C / 5 C / 5 C / 5 C / 5 C / 5 C / 5 C / 5 C / 5 C / 5 C / 5 C / W C / W C / W C / W C / W C / W C / W C / W C / W C / W 90.72 ft N5° 1' 30"E 1 4 8 .7 3 ft r =9 5 ft 90.72 ft N5° 1' 30"E 1 4 8 .7 3 ft r =9 5 ft 6' 22'-11 11/16" 21 2 1 s q f t 877 s q f t 11 9 0 s q f t 29 9 0 s q f t 6 8'-8 3 /4 " 1 0 ' 5' 4' 4 ' 1 0 ' 1 0 ' 2 0 ' 2 0 ' 2 0 ' 1 0 ' 1 0 ' 2 0 ' 2 0 ' 2 0 ' 1 0 ' 1 6 ' 25' 1 8 ' 5' 29'-1 13/16" LEGENDSILT FENCEFIBER ROLLLIMIT OF DISTURBANCESTOCKPILE AND STAGINGAREAFIBER ROLL INLETPROTECTIONSTABILIZED CONSTRUCTIONENTRANCE SIN G L E F A M I L Y R E S I D E N C E LO W E R F L O O R = 9 3 4 . 0 0 UP P E R F L O O R = 9 4 4 . 3 0 GA R A G E F L O O R = 9 3 2 . 0 0 SE P T I C S Y S T E M (D E S I G N B Y O T H E R S ) SE P T I C S Y S T E M (D E S I G N B Y O T H E R S ) SE P T I C T A N K (D E S I G N B Y O T H E R S ) A A TW = 9 4 3 . 5 0 BW = 9 3 2 . 5 0 TW = 9 3 4 . 0 0 BW = 9 3 2 . 0 0 17 0 L F 8 " S D 94 3 . 3 0 94 3 . 2 5 31 . 6 0 FL 93 1 . 1 5 FL 4 % TW = 9 3 8 . 0 0 BW = 9 3 1 . 7 0 TW = 9 3 5 . 0 0 BW = 9 3 2 . 5 0 77 LF 8 " S D LE V E L S P R E A D E R P E R DE T A I L C 3 . 2 2 0 L F W I D E JU N C T I O N B O X IN V . = 9 2 3 . 5 0 2% 93 2 . 0 0 93 2 . 0 0 (N ) C B RIM = 9 3 5 . 5 0 IN V . = 9 3 0 . 0 0 93 3 . 3 0 10 ' @ 5 % VE G E T A T E D S W A L E P E R DE T A I L C 3 . 4 VE G E T A T E D S W A L E P E R D E T A I L C3 . 4 LO W I M P A C T D E V E L O P M E N T ME A S U R E # 1 23 L F 8 " S D (N ) C B RIM = 9 4 3 . 0 IN V . = 9 4 1 . 0 OU T L E T D O W N S P O U T T O SP L A S H B L O C K ( T Y P . ) TE E C O N N E C T I O N TE E C O N N E C T I O N CO N N E C T D O W N S P O U T S TO 4 " P E R I M E T E R D R A I N PE R D E T A I L C 3 . 3 ( T Y P . ) CO N N E C T D O W N S P O U T S TO 4 " P E R I M E T E R D R A I N PE R D E T A I L C 3 . 3 ( T Y P . ) 93 2 93 0 9 2 8 9 2 6 9 3 2 CO N C R E T E P I E R A N D GR A D E B E A M R E T A I N I N G WA L L P E R D E T A I L C 3 . 5 MA X H E I G H T = 8 . 0 LE N G T H = 5 2 L F CO N C R E T E P I E R A N D GR A D E B E A M R E T A I N I N G WA L L P E R D E T A I L C 3 . 6 MA X H E I G H T = 1 1 . 0 LE N G T H = 5 5 L F SIL T F E N C E P E R DE T A I L ( T H I S S H E E T ) FIB E R R O L L P E R DE T A I L ( T H I S S H E E T ) FIB E R R O L L I N L E T PR O T E C T I O N ( T Y P . ) ST A G I N G A N D ST O C K P I L E A R E A FIB E R R O L L P E R DE T A I L ( T H I S S H E E T ) FIB E R R O L L P E R DE T A I L ( T H I S S H E E T ) FIB E R R O L L I N L E T PR O T E C T I O N ( T Y P . ) TW = 9 4 0 . 5 0 BW = 9 3 2 . 5 0 TW = 9 3 7 . 5 0 BW = 9 3 2 . 5 0 LIM I T O F DIS T U R B A N C E SA F E T Y G U A R D R A I L . OW N E R T O A P P R O V E RA I L I N G D E S I G N 9 3 0 9 2 8 9 2 6 9 2 4 932 94 4 . 2 8 94 4 . 1 6 2% 2:1 MAX 93 2 . 5 0 93 2 . 0 0 93 3 . 3 0 932 LIV I N G R O O M E L E V = 9 3 2 . 0 0 UP P E R L E V E L (T Y P . ) UP P E R L E V E L (T Y P . ) 10 ' M I N S E P A R A T I O N 25 LF 8 " S D (N ) C B RI M = 9 3 0 . 0 0 IN V . = 9 2 7 . 0 0 DR A I N I N L E T GR A T E = 9 0 8 . 0 6 IN V = 9 0 4 . 8 6 CO N N E C T N E W S D T O ( E ) IN L E T O N R E G N A R T R O A D 45 ° BE N D 2% 2% 93 2 . 1 1 2 % 94 4 . 0 5 2% 94 3 . 5 8 9 5 0 9 4 8 9 4 6 9 4 4 LA N D S C A P E W A L L HE I G H T = 2 ' TW = 9 4 6 . 0 93 2 . 0 5 2% 2% PA V E R W A L K W A Y . O W N E R TO A P P R O V E P A V E R S T Y L E 9 4 2 94 1 . 0 0 FL GR A D E A W A Y F R O M ST R U C T U R E T O D R A I N OV E R S T A I R S 6" A C B E R M 6" A C B E R M 94 3 . 8 4 94 3 . 8 4 MA T C H ( E ) G R A D E O F RO A D 2:1 MAX TW = 9 4 0 . 0 0 BW = 9 3 2 . 0 0 2% 9 4 4 10 ' M I N S E P A R A T I O N TO F O U N D A T I O N LI M I T O F D I S T U R B A N C E (T Y P . ) LO W I M P A C T D E V E L O P M E N T ME A S U R E # 2 2% GR A D E B R E A K 2% 94 3 . 1 8 94 2 . 0 2 93 5 . 0 6 94 0 GR A D E A W A Y F R O M ST R U C T U R E T O D R A I N OV E R S T A I R S 1+0 0 1 + 7 9 PC : 1+ 0 9 . 8 4 PT: 1+23 . 9 1 Existing PGE Connection Box Pr o p o s e d S i n g l e F a m i l y R e s i d e n c e Existing Water Connection On street Existing Phone/CATV connection on street 10' Walkway with interlocking Pavestones 25' Front Setback (Minimum 10' Hillside Slope > 20%) 10' Minimum Side Setback 10' Minimum Side Setback 25' Minimun Front Setback New 220VPower Line New Cable TV Line New Phone Line 15 " O a k 15 " P i n e 18 " P i n e 24 " P i n e 30 " P i n e 8" P i n e 12 " P i n e 5" O a k 15 " P i n e 11 " P i n e 11 " P i n e 13 " P i n e 15 " O a k 8" O a k PG E DS DS DS DS DS DS DS DS NE I G H B O R ' S EX . B A R N NE I G H B O R ' S EX . S H E D RE G N A R T R O A D LIMITS OF DISTURBED AREA 8" O a k 8" Oak 9" P i n e 12 " P i n e 12 " P i n e 8" P i n e 8" P i n e 8" P i n e TREE AND SHRUB MASSES Mu l t i - O a k Mu l t i - O a k TR E E AN D SH R U B MA S S E S 10 " P i n e 10 " P i n e 15 " O a k 10 " O a k 10 " O a k 5" O a k 12 " P i n e 11 " O a k TR E E AN D SH R U B MA S S E S 8" O a k 8" O a k CA T V New Water Line New Gas Line 24" Pine to be removed. 20" Pine to be removed. 5' M i n LIMITS OF DISTURBED AREA 94 0 9 4 0 9 5 0 95 0 96 0 960 9 3 0 93 0 93 0 920 920 9 2 0 9 2 0 910 900890880870860850840830820810 5' P.U.E 10' P.U.E. up Concrete Stair 10' P.U.E. New 5 ft Steel Anti-Rust Fence New 5 ft Steel Anti-Rust Fence Design Classics Powder Coated Bronze Cylinder Outdoor Wall Light Design Classics Powder Coated Bronze Cylinder Outdoor Wall Light SOWAZ 4-Pack 3.14-in Black Solar Dark Sky Integrated Outdoor Wall Light A / C A / C Proposed A/C Units Side Yard No A/C units will be approved as part of the planning permit approval. 2' Informal Walkway Paved with Crushed, Washed Gravel 2' Informal Walkway Paved with Crushed, Washed Gravel 16' Driveway Paved with Interlocking Pavestones 4' Concrete Stair Walkway 10' Concrete Walkway at Front Entry 4' Informal Walkway Paved with Crushed Washed Gravel. Private Open Space Preserve Easemen t Standard Turnaround C Existing Paved Surface Existing Private Road 25' Front Setback (Minimum 10' Hillside Slope > 20%) 18' Private Road, P.U.E. and Private Trial Easemen t Turnaround Type C Propose to extend 2' private road within subject lot Propose to extend 2' private road within subject lot 94 0 94 2 93 8 Ba s e m e n t Fl o o r E l e v a t i o n : 9 3 4 Ce i l i n g E l e v a t i o n : 9 4 3 21 2 1 s q f t 877 s q f t 11 9 0 s q f t 29 9 0 s q f t Basement Total: 1190 sqft Ceiling Elevation Limit: 945.5 ft 109.3 sqft 3.24 sqft 94 2 Floor Area Summary Maximium Floor Area Caculation Tree to be removed CMC Chapter 19.40.060(H) Design Standards 1. Building and Roof Forms a. Natural Contours Building shall follow as closely as possible the primary natural contour of the lot. b. Building Mass and Roof Pitches The main building mass shall be on the upslope side of the building and the roof pitches shall trend downslope. c. Second Story Dormers Permitted within the second story setbacks as long as they are minor in shape and size. d. Downhill Elevation of main structure Shall have a minimum of four offset building and roof elements to provide varied building forms to produce shadow patterns which reduce the impact of visual mass. e. High Wall Planes Wall planes exceeding one story or 20 feet in height, whichever is more restrictive, shall contain architectural elements in order to provide relief and to break up expansive wall planes. 2. Colors a. Natural Earth Tones All structures on the lot shall use natural earth tone and/or vegetation colors which complement the natural surroundings. Natural earth-tone and vegetation colors include natural hues of brown, green and shades of gray. b. Reflectivity Value Shall not exceed 60 on a flat surface 3. Outdoor Lighting All outdoor lighting shall be identified on the site development plan. a. Tennis Court and Other Recreational Purposes High-intensity lights not permitted. b. Motion-activated Security Lights 1. Shall not exceed 100 watts and 2. Must be shielded to avoid all off-site intrusion. c. Other lighting Must be directed to meet the particular need. CMC Chapter 19.40.060(E) Downhill Facing Elevation 1. Second Story Downhill Facing Wall Plane Offset a. Offset from First Floor Downhill Wall Plane i. Average of 7 feet 6 inches for 75% of the second story downhill facing wall plane shall be setback and ii. Not less than five feet. iii. The remaining 25% may not extend past the first story wall plane. b. Multiple Downhill Facing Wall Planes Offset shall apply only the primary setback affected. c. Offset from First Floor Roofed Porches i. Offset may be measured from the outside perimeter of first-story roofed porches. ii. Roof of the porch must match, in pitch and style, the roof of the main structure. iii. Porch must be at least 5 feet in width and extend the length of the wall on which it is located. 2. Maximum Wall Height on Downhill Elevation 15 feet F. Permitted Yard Encroachments 1. Extension of a Legal Non-conforming Wall Plane for structures not located within a prominent ridgeline site line a. Where a building legally constructed according to existing first floor yard and setback regulations at the time of construction encroaches upon present required first floor setbacks, one encroaching side of the existing structure may be extended along existing building lines. b. Only one such extension shall be permitted for the life of the building. c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended. d. Further encroachment into a required setback is not allowed. I.e., a non-conforming setback may not be further reduced. e. In no case shall any wall plane of a first-story addition be placed closer than three feet to any property line. 2. Architectural Features a. May extend into a required yard a distance not exceeding three feet. b. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line.Upper Level Living Area Calculation Upper Living Area = U1+U2 +U2+U4+U5+U6+U7+U8+U9+U10+U11+U12+U13+U14+U15+U16+U17 =(14.057*11.151)+(18.369+28.313)*9.943/2+(18.255+10.766)*7.5/2+(28.313+24.255)*4.057/2+ (6.197+15)*4.39/2+ (15*10.109)+(17.942*5)+(17.443*22.5)+(2*8)+(12*19)+12.5*29+26*10+(6.625+16)*4.682/2+ 16*15.317+13*29+5*6+7*20 = 2996 sqft Lower Level Living Area Calculation Lower Living Area = L1+L2+L3+L4+L5+L6+L7+L8+L9+L10+L11+L12+L13+L14+L15 = 17*6+(12.594+20.5)*7.911/2+20.5*11.161+(20.5+15.464)*5.047/2+15.401*15.464+(12.656+15.464)*2.823/2 +(12.656+15)*2.343/2+6.63*15+(15+10.396)*4.682/2+14.938*(8.563+13.240)/ 2+8.063*13.240+6.5*19.505+8.917*33.777+ 47.583*15.797+(3.042+10.297)*13.865/2 = 2563 sqftGarage Area Calculation Garage Area = G1+G2+G3+G4+G5+G6 =13.865*21.031+(31.328+25.448)*7.135/2+2.130*8.063/2+ (27.333+24.484)*3.042/2 +(24.484+12.307)*7.958/2+(9.453+6.5)*14.271/2 = 877 sqft Down Hill Secondary Floor Offset Calculation: Offset from First Floor Downhill Wall Plane Greater than 5 feet Length: L1+L2=51+6=57ft Offset from First Floor Downhill Wall Plane Less than 5 feet Length: L3+L4=16+2=18 ft Offset from First Floor Downhill Wall Plane: (L1+L2)/L5=(51+8)/75=79% not less than 5 ft. 78% Downhill Wall Plane Average Offset from first Floor = (O1+O2+O3+O4+O5+O6+O7+O8+O9)/(L1+L2) =((6*11)+(12.593+10.109)*6/2+(11.187+6.208)*6/2+(11.182+6.213)*6/2+(7.791+6.213)*6/2+(3.109+8)*3.593/2+(15.406*8)+(5*5)+(2*11))/ (51+6) = 8.258 ft = 8 feet 3 1/8 Inch Average of 7 feet 6 inches for 79% of the second story downhill facing wall plane shall be setback and Not less than five feet. Upper Floor Down Hill Wall Lower Floor Down Hill Wall Lower Level Down Hill Wall Upper Level Down Hill Wall O1 6x11=6 6 O 2 O 3 O 4 O 5 O 6 O 7 O 8 12 . 5 9 3 ' 10 . 1 0 9 ' 11 . 1 8 7 ' 11.182 ' 7.791 ' 6.213 ' 6.213 ' 6.2 0 8 ' 3.593 ' 3.1 0 9 ' 15.406 ' U1 U2 U3 U5 U7 U8 U9 U1 0 U1 1 U1 2 U1 3 U1 4 U1 5 U1 6 U1 7 (4 . 6 8 2 ' ) (6.625' ) (1 5 . 3 1 7 ' ) U4 (18 . 3 6 9 ' ) (24 . 2 5 5 ' ) 14.057 ' 11 . 1 5 1 ' (7.5' ) (10 . 7 6 6 ' ) 22 . 5 ' (17.443' ) (17.942' ) (1 0 . 1 0 9 ' ) (6.197' ) (4 . 3 9 0 ' ) (12.5' ) U6 G 1 G2 G 3 G 4 G 5 G 6G 5 L 1 L 3 L 4 L 5L 2 L 6 L 7 L 8 L 9 L1 0 L1 1(8 . 5 6 3 ' ) (10 . 2 9 7 ' ) (1 4 . 2 7 1 ' ) (3. 0 4 2 ' ) (13.865' ) (7.135' ) (7.958' ) (24 . 4 8 4 ' ) (9.453' ) (1 3 . 2 4 0 ' ) (8.917' ) (7.911' ) (11.161' ) (15.401' )(5.047' ) (1 2 . 5 9 4 ' ) (2 0 . 5 ' ) (3 3 . 7 7 7 ' ) (1 5 . 4 8 4 ' ) (47.583' ) (1 5 . 7 9 7 ' ) (4.682' ) (6.630' ) (2.3434' ) (1 2 . 6 5 6 ' ) (1 0 . 3 9 6 ' ) (12 . 3 0 7 ' ) (28 . 3 1 3 ' ) (9.943' ) (4.057' ) (18 . 2 5 5 ' ) Lower Level Living Garag e (2.823' ) (14.938' ) (8.063' ) (1 9 . 5 0 5 ' ) (6.5' ) L1 2 L1 3 L1 4 L1 5 (21 . 0 3 1 ' ) (31 . 3 2 8 ' )(35 . 4 4 8 ' ) (3.042' ) (27 . 3 3 3 ' ) (2 . 1 3 0 ' ) O 9 Flat Yard Area = 803+711+837= 2351 sqft Bu i l d i n g Pa d 7 1 1 S q f t F l a t F r o n t Y a r d S l o p e < 5 % 803 S q f t F l a t S i d e Y a r d Slope < 5 % D r i v e W a y 1 6 5 0 s q f t S l o p e < 5 % Other disturbed Area with Slope > 5% 83 7 S q f t F l a t B a c k Y a r d Slo p e < 5 % 3355 sqft 877 sqft 3025 sqft 2892 sqft 837 sqft 2 22346 Regnart Road DRAWN BY: S.H. DATE: 2.20.2017 SHEET NUMBER © 2019 Zhaoguang Lei & W eiju Zhang 22346 Regnart Road Cupertino, CA 95014 REGN ART Revision #: SCALE @ 24" X 36" Site Plan Details 1"=12' SITE PLAN DETAILS Site Ridge Line 1"=64' AC UNIT NOTES: AC UNIT NOTES: No A/C units will be approved as part of the planning permit approval. Flat Yard Calculation 1"=10' 46 PC 03-11-2025 46 of 77 CITY OF CUPERTINO Agenda Item 25-13796 Agenda Date: 3/11/2025 Agenda #: 3. Subject:Use Permit Modification, Architectural and Site Approval, and Tree Removal Permit for the construction of a 275-crypt garden Mausoleum and removal and replacement of 5 development trees. (Application No.: M-2024-002, ASA-2024-002, & TR-2024-023; Applicant: Gates of Heaven Cemetery; Location: 22557 Cristo Rey Drive; APN: 342-63-002) RECOMMENDED ACTIONS That the Planning Commission adopt the proposed draft resolutions (Attachment 1 -3) to: 1. Find the project exempt from CEQA and approve the Use Permit Modification (M-2024-002); 2. Approve the Architectural and Site Approval Permit (ASA-2024-002); and 3. Approve the Tree Removal Permit (TR-2024-023). CITY OF CUPERTINO Printed on 3/6/2025Page 1 of 1 powered by Legistar™47 PC 03-11-2025 47 of 77 PLANNING COMMISSION STAFF REPORT Agenda Date: March 11, 2025 SUBJECT Use Permit Modification, Architectural and Site Approval, and Tree Removal Permit for the construction of a 275-crypt garden Mausoleum and removal and replacement of 5 development trees. (Application No.: M-2024-002, ASA-2024-002, & TR-2024-023; Applicant: Gates of Heaven Cemetery; Location: 22557 Cristo Rey Drive; APN: 342-63- 002) RECOMMENDED ACTIONS That the Planning Commission adopt the proposed draft resolutions (Attachment 1 -3) to: 1. Find the project exempt from CEQA and approve the Use Permit Modification (M- 2024-002); 2. Approve the Architectural and Site Approval Permit (ASA-2024-002); and 3. Approve the Tree Removal Permit (TR-2024-023). DISCUSSION: Project Data: General Plan Designation Quasi-Public/Institutional General Plan Neighborhood Oak Valley Zoning Designation BQ – Quasi-Public Building Lot Area 58.44 acres Project Consistency With: General Plan Yes Zoning Yes Environmental Assessment Categorically Exempt per Sections 15303 (Class 3) of the California Environmental Quality Act (CEQA) 48 PC 03-11-2025 48 of 77 M-2024-002, ASA-2024-002 22557 Cristo Rey Drive March 11, 2025 TR-2024-023 Page 2 Background: The Gate of Heaven Cemetery, located in the Oak Valley neighborhood, was annexed in 1986 from the County of Santa Clara (County). The Cemetery is bounded by the Oak Valley Development to the north and east, the Monta Vista PG&E substation to the east, the historic Snyder Hammond House to the south, and Rancho San Antonio Preserve to the south and west. The cemetery operated under a Santa Clara County Use Permit approved in 1962 which permitted the cemetery use and the location and development of access driveways. Since annexation, Gate of Heaven has obtained several City of Cupertino permits to develop vacant and undeveloped land for additional burials, niches, and accessory facilities as needed. Previous Approvals The County had approved the use permit (Attachment 4) for the cemetery in 1962 to be developed as a “memorial park with flat horizontal markers.” Table 1 below summarizes the various planning entitlements since incorporation into Cupertino. Table 1 Planning Entitlements since incorporation. Planning Permit Description 12-U-94 Construction of a 3,500 square foot mausoleum crypt. Approved January 9, 1995. U-2005-04 Approved statuary, Veterans markers and landscaping. Denied the request for upright markers. Approved January 17, 2005. DIR-2005-33 Minor modifications to landscaping in the Veteran’s Section of the cemetery. Approved December 20, 2005. M-2011-01, ASA-2011-01 Detailed 14-year plan broken up into Four Phases. These include modifications to the interior road network, additional inground burial plots, terraced burial grounds, and a limited number of upright marker plots. Approved March 22, 2011. Figure 1: Aerial View N 49 PC 03-11-2025 49 of 77 M-2024-002, ASA-2024-002 22557 Cristo Rey Drive March 11, 2025 TR-2024-023 Page 3 DIR-2012-17 Installation of Phase I of a manufactured columbarium unit. Approved June 14, 2012. DIR-2020-006 New pergola with above-ground cremains in the Veteran’s Memorial section. Approved August 4, 2020. M-2022-002 Modification of an existing Use Permit to allow above ground crypts on a portion of the Gates of Heaven Cemetery (Code Enforcement). Planning Commission denied on September 13, 2022. DIR-2023-008 Installation of Phase II of a manufactured columbarium unit. Approved June 27, 2023. Any deviation from the original 1962 approval, or modification of any subsequent approval, requires a Planning entitlement. Application Request The applicant, Gate of Heaven Cemetery, is requesting an Amendment to the existing Use Permit (U-2005-04) to allow a 3,400 square-foot, 275 crypt garden Mausoleum and removal and replacement of 5 development trees adjacent to the existing approximately 37,000 square foot mausolea and chapel located at the southwest portion of the parcel, directly adjacent to Rancho San Antonio Park. See Figure 2 for the location of the proposed structure (outlined in red) in the cemetery. See Attachment 5 for the site plan. The mausoleum is proposed to be approximately twenty (20) feet tall and would contain 275 crypts and 224 niches1. Analysis: Modification to Use & Design Review: The existing Use Permits do not address the number of above ground crypts or niches that the cemetery may have in this area, though the area is considered for cemetery uses 1 A niche is a small, enclosed space in a cemetery that holds an urn containing cremated remains, while a crypt is the location of un-cremated remains in a vault. Figure 2 Location of proposed mausoleum on site plan. 50 PC 03-11-2025 50 of 77 M-2024-002, ASA-2024-002 22557 Cristo Rey Drive March 11, 2025 TR-2024-023 Page 4 under the existing Use Permit. Prior to and after the cemetery’s incorporation, the diocese added mausoleum structures within the cemetery grounds facilitating above ground burials. These mausolea have been consolidated in the southeast corner of the cemetery, about 760 feet away from the closest single-family home in the Oak Valley development. Additionally, the site is zoned for cemetery use subject to the City’s review of the proposals. Due to the large setback of the proposed mausoleum from the residences and its adjacency to the existing mausolea, it is not expected that the project will create a visual impact on the existing homes. The mausoleum is designed to closely match the existing mausolea, in height, function, and aesthetics. The mausoleum located closest to the new proposed mausoleum has a colonnade extending about 11-feet from the face of the crypts. The roof above the colonnade is orange concrete roof tiles and supported by wooden columns. (see Figure 4). The proposed mausoleum features are like the existing mausolea for architectural compatibility. Tree Removal Permit The proposed location of the mausoleum is currently a landscaped area adjacent to the existing mausolea. Five European White Birch (See Figure 5) must be removed to accommodate the mausoleum. The applicant must obtain a Tree Removal permit pursuant to the Municipal Code, since all trees in this zoning district are considered Protected development trees. The adjacent redwoods will remain and be protected during construction. Figure 4 Example of existing mausoleum adjacent to project. Figure 5 European White Birch Trees proposed to be removed. Figure 3 Distance from the Oak Valley neighborhood. 51 PC 03-11-2025 51 of 77 M-2024-002, ASA-2024-002 22557 Cristo Rey Drive March 11, 2025 TR-2024-023 Page 5 Since the trees are directly in conflict with the proposed mausoleum, the trees must be removed. As a condition of approval, the applicant is required to provide a tree replacement plan consistent with CMC 14.18.160, or one 24-inch box tree per tree removed prior to issuance of building permits. Findings and Conclusion The Cupertino Municipal Code includes ‘findings’ for approval of various permits necessary to approve the proposed project. These provide a framework for making decisions and facilitat ing an orderly analysis of the review of a project. The findings for the Use Permit Modification, Architectural & Site Approval, and Tree Removal Permit sought by the applicant that the City must make in rendering a decision whether to grant an approval on this project have been outlined and responded to in the proposed resolution (Attachments 1-3). In summary, the proposed 275 garden crypt mausoleum will not cause any further traffic, noise, or visual impacts to the existing uses onsite. Surrounding residential neighborhoods are over 750 feet from the proposed location, and for those visiting the cemetery, the crypts will be visually mitigated by being adjacent to the other mausolea onsite. Aesthetically, the mausoleum is designed to closely match the existing mausolea, in height, function, and materials, ensuring that there is architectural compatibility. The five (5) development trees are within an area of the cemetery in which the proposed mausoleum is intended to be built. This location is the least obstructive for future and current development of any above ground structure on the cemetery grounds. Removal of the trees is deemed necessary for the cemetery to properly expand their operations. Therefore, staff recommends approval of the project since the plans and conditions of approval address all concerns related to the proposed project and all of the findings for approval of the proposed project, consistent with Chapters 14.18, 19.156, and 19.168 of the Cupertino Municipal Code, have been met. Environmental Review This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303: New Construction or Conversion of Small Structures. Other Department/Agency Review The City’s Public Works Department, Building Division, Environmental Programs Division, and the Santa Clara County Fire Department have no objections to the project. Their comments have been incorporated as conditions of approval in the draft resolution. 52 PC 03-11-2025 52 of 77 M-2024-002, ASA-2024-002 22557 Cristo Rey Drive March 11, 2025 TR-2024-023 Page 6 PUBLIC NOTICING AND COMMUNITY OUTREACH The following table is a brief summary of the noticing for this project: Notice of Public Hearing Agenda  Site Signage (at least 10 days prior to hearing)  Legal ad placed in newspaper (at least 10 days prior to hearing)  Notices were mailed to property owners 300 feet from the cemetery (at least 10 days prior to the hearing)  Posted on the City's official notice bulletin board (five days prior to hearing)  Posted on the City of Cupertino’s Web site (five days prior to hearing) No comments have been received from members of the public as of the production of this staff report. NEXT STEPS Should the project be approved, the Planning Commission’s decision on this project is final unless an appeal is filed within 14 calendar days of the date of the decision. All approvals granted by the Planning Commission shall go into effect after 14 days. Upon project approval, the applicant will be able to submit building permit drawings to enable construction to commence. These approvals expire on March 11, 2027, at which time the applicant may apply for a one-year extension. Prepared by: Gian Paolo Martire, Senior Planner Reviewed by: Piu Ghosh, Planning Manager Approved by: Luke Connolly, Assistant Director of Community Development ATTACHMENTS 1. Draft Resolution for M-2024-002 2. Draft Resolution for ASA-2024-002 3. Draft Resolution for TR-2024-003 4. Santa Clara County Use Permit 5. Site Plans 53 PC 03-11-2025 53 of 77 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION OF AN EXISTING USE PERMIT (U-2005-04) TO ALLOW THE CONSTRUCTION OF A 275-CRYPT GARDEN MAUSOLEUM AT THE GATES OF HEAVEN CEMETERY LOCATED AT 22557 CRISTO REY DRIVE (APN: 342-63-002) SECTION I: PROJECT DESCRIPTION Application No.: M-2024-002 Applicant: Gates of Heaven Cemetery Location: 22557 Cristo Rey Drive (APN: 342-63-002) SECTION II: FINDINGS FOR A USE PERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for an amendment to an existing Use Permit (U-2005-04) to allow above ground crypts on a portion of the Gates of Heaven Cemetery; WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons set forth in the staff report dated March 11, 2025 and incorporated herein; and WHEREAS, the applicant has met the burden of proof required to support said application; and 54 PC 03-11-2025 54 of 77 Resolution No. M-2024-002 March 11, 2025 Page 2 WHEREAS, the Planning Commission finds: 1. The proposed development and/or use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. The proposed 275 garden crypt mausoleum will not cause any further traffic, noise, or visual impacts to the existing uses onsite. Surrounding residential uses will be over 750 feet from the nearest residences, and for those visiting the cemetery, the crypts will be visually mitigated by being adjacent to the other mausolea onsite. 2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). The proposed project is consistent with and will be conducted in a manner in accordance with, the General Plan, Zoning Ordinance and is consistent with previous approvals. Furthermore, the use is categorically exempt under CEQA in that the proposed project involves minor changes to an existing facility. WHEREAS, the Planning Commission is the approval authority for this project and is granted the authority by the Municipal Code to exercise its independent judgment, based on the record before it, for purposes of the California Environmental Quality Act; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the following actions: 1. Exercises its independent judgment and determines that the Project is exempt from CEQA pursuant to CEQA Guidelines sections 15301 and 15303. The Class 1 exemption applies to existing facilities that involve negligible or no expansion of existing or former use. The proposed project is for four crypts that take up around 3,000 square feet of a an approximately 58-acre site. Therefore, the proposed project would not involve the expansion of the former use (Section 15301, Class 1), will not significantly expand the use beyond the current use that already exists or previously existed, and will not have a significant effect on the environment. Further, Class 3 exemptions consist of construction and location of limited numbers of new, small facilities or structures. Each crypt is small in relation to other approved structures within the site. Therefore, the proposed project is small and consistent with Section 15303, Class 3. 2. Approves the application for a Modification to Use Permit, Application no. M-2024- 002 subject to the conditions which are enumerated in this Resolution beginning on PAGE 55 PC 03-11-2025 55 of 77 Resolution No. M-2024-002 March 11, 2025 Page 3 3 thereof. The conclusions and sub conclusions upon which the findings and conditions specified in this resolution are based, including those contained in the Public Hearing record concerning Application no. M-2024-002 as set forth in the Minutes of Planning Commission Meeting of March 11, 2024, are hereby incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set dated March 6, 2024, and entitled “New Garden Mausoleum” consisting of eight (8) sheets labeled A0-A2, C0.0 – C3.0, and L-1, prepared by Chris Kelly Architects, except as may be amended by conditions in this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 3. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 4. PREVIOUS CONDITIONS OF APPROVAL All previous conditions of approval shall remain in effect except as may be amended by conditions contained in this resolution. 1. CONCURRENT CONDITIONS The conditions of approval contained in file nos. ASA-2024-002 and TR-2024-023 shall be applicable to this approval. 5. MODIFICATIONS APPROVED Four above ground crypts are approved to allow up to eight deceased to be interred. No increase in the total number of burials allowed at the Cemetery is permitted with this approval. 6. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. 56 PC 03-11-2025 56 of 77 Resolution No. M-2024-002 March 11, 2025 Page 4 Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 7. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. The applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated. 8. NOISE AND VIBRATION NOTICE At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall send notices of the planned activity by first class mail to off-site businesses and residents within 500 feet of the project site. The City will provide a template notice and mailing addresses for the Applicant’s use. The notice must be approved by City staff prior to sending. The project applicant shall provide the City with evidence of mailing of the notice, upon request. Please note that, if pile driving, the requirements for noticing and monitoring outlined in City Code Section 17.04.050 G (3) shall apply. 57 PC 03-11-2025 57 of 77 Resolution No. M-2024-002 March 11, 2025 Page 5 9. NOISE AND VIBRATION SIGNAGE At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall ensure that a sign measuring at least four feet by six feet shall be posted on construction fencing at the entrance(s) to the job site, clearly visible to the public, and include the following: a. Permitted construction days and hours; b. A description of proposed construction activities; c. Telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint; and d. Contact information for City’s and contractor’s authorized representatives that are assigned to respond in the event of a complaint related to fugitive dust, pursuant to the requirements for compliance with BAAQMD’s CEQA Air Quality Guidelines. If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the complaint and the action taken to the City within three business days of receiving the complaint. 10. NOISE DURING CONSTRUCTION Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity: a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on-site Construction Manager. Noise reduction measures selected and implemented shall be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor(s), site terrain, and other features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits. 58 PC 03-11-2025 58 of 77 Resolution No. M-2024-002 March 11, 2025 Page 6 b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase. c. Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes. d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law. 11. FUGITIVE DUST CONTROL Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District’s Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction. 12. INDEMNIFICATION AND LIMITATION OF LIABILITY As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether 59 PC 03-11-2025 59 of 77 Resolution No. M-2024-002 March 11, 2025 Page 7 incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 13. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 14. GRADING Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 15. DRAINAGE Drainage shall be provided to the satisfaction of the Director of Public Works. Hydrology and pre- and post-development hydraulic calculations must be 60 PC 03-11-2025 60 of 77 Resolution No. M-2024-002 March 11, 2025 Page 8 provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten percent flood water surface elevation to the satisfaction of the Director of Public Works. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. All storm drain inlets shall be clearly marked with the words “No Dumping – Flows to Creek” using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division. Additional comments will be provided and shall be incorporated prior to Building Permit approval. 16. FEES AND BONDS The project developer shall provide for payment of fees, including but not limited to checking and inspection fees, storm drain fees, transportation impact fees, park dedication fees and fees for under grounding of utilities. Said agreement and fees shall be executed and paid prior to issuance of Building permit. Fees: a. Checking & Inspection Fees: Per current fee schedule ($1,302) b. Grading Permit: Per current fee schedule ($1,352) c. Storm Drainage Fee: Per current fee schedule ($2,375 per AC) Bonds: a. On-site Grading Bond: 100% of site improvements. The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 17. UNDERGROUND UTILITIES Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer shall submit detailed plans showing 61 PC 03-11-2025 61 of 77 Resolution No. M-2024-002 March 11, 2025 Page 9 utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. 18. WATER BACKFLOW PREVENTERS Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company. 19. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 20. EROSION CONTROL PLAN Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 21. WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 22. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 23. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant). 24. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 25. SAN JOSE WATER SERVICE COMPANY CLEARANCE Provide San Jose Water Service Company approval for water connection, service 62 PC 03-11-2025 62 of 77 Resolution No. M-2024-002 March 11, 2025 Page 10 capability and location and layout of water lines and backflow preventers before issuance of a building permit approval. 26. DEDICATION OF UNDERGROUND WATER RIGHTS Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley. 27. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and San Jose Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. PASSED AND ADOPTED this 13th day of March, 2025 at a noticed Public Hearing of the Planning Commission of the City of Cupertino, State of California, held by the Director of Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section 19.12.120. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMISSIONERS: ATTEST: APPROVED: ___________ _____________ Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 63 PC 03-11-2025 63 of 77 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW THE CONSTRUCTION OF A 275-CRYPT GARDEN MAUSOLEUM AT THE GATES OF HEAVEN CEMETERY LOCATED AT 22557 CRISTO REY DRIVE (APN: 342-63-002) SECTION I: PROJECT DESCRIPTION Application No.: ASA-2024-002 Applicant: Gates of Heaven Cemetery Location: 22557 Cristo Rey Drive (APN: 342-63-002) SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL: WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval Permit as described in Section I of this resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons set forth in the staff report dated March 11, 2025 and incorporated herein; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds: 64 PC 03-11-2025 64 of 77 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project has been determined to be consistent with the General Plan, and applicable portion of the Municipal Code. The project scope has been determined to fall within Class 03 CEQA Exemption pursuant to CEQA Guideline Sections 15303 (New Construction or Conversion of Small Structures). The incorporated conditions of approval into the project will further mitigate potential impacts and therefore the project will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. 2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: a) Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings. The mausoleum is designed to closely match the existing mausolea, in height, function, and aesthetics. The proposed mausoleum features are like the existing mausolea to ensure that there is architectural compatibility. b) In order to preserve design harmony between new and existing building and in order to preserve and enhance property values, the materials, textures and colors of new building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments and provide shielding to prevent spill-over light to adjoining property owners. c) The mausoleum is designed to closely match the existing mausolea, in height, function, and aesthetics. The proposed mausoleum features are like the existing mausolea to ensure that there is architectural compatibility. 65 PC 03-11-2025 65 of 77 The landscape will retain the surrounding shrubs and redwood trees for screening purposes. Unsightly uses such as roof top equipment installation is conditioned to be either screened on top of the roof or be located interior to the structure. The final lighting for the development will be reviewed as part of the review of the project construction documents to ensure that they meet safety requirements while avoiding spill-over light to adjacent properties. The applicant is conditioned to demonstrate compliance with the City’s Dark Sky Ordinance as well. d) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and Signage approval is not included in this application. e) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. The site is not located within an existing residential neighborhood but is adjacent to the Oak Valley Subdivision. All mausolea at the Cemetery have been consolidated in the southwest corner of the cemetery, about 760 feet away from the closest single-family home in the Oak Valley development to the north. Due to the large setback of the proposed mausoleum from the residences and its adjacency to the existing mausolea, it is not expected that the project will create a visual impact on the existing homes. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 4 herein, and subject to the conditions contained in all other Resolutions approved for this Project, The application for an Architectural and Site Approval, Application No. ASA-2024-002, is hereby approved, and that the conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. ASA-2024-002 as set forth in the Minutes of the Planning Commission Meeting of March 11, 2025, and are incorporated by reference as though fully set forth herein. 66 PC 03-11-2025 66 of 77 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set dated March 6, 2024, and entitled “New Garden Mausoleum” consisting of eight (8) sheets labeled A0-A2, C0.0 – C3.0, and L-1, prepared by Chris Kelly Architects, except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. M-2024-002 and TR-2024-023 shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS The final building exterior plan shall closely resemble the details shown on the original approved plans. The final building design and exterior treatment plans (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits and through an in-field mock-up of colors prior to application to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. As a Planned Unit Development, the exterior finishes of each of the units (including garage doors and exterior doors and windows) must remain harmonious with the same/coordinated materials used across both buildings. 6. DARK SKY COMPLIANCE Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with 67 PC 03-11-2025 67 of 77 development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements and/or Section 19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all documentation required to determine compliance with the Municipal Code. The final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Director of Community Development prior to building permit issuance. A report from a licensed lighting engineer may be required to confirm all exterior lighting throughout the site complies with the City’s Ordinance. 7. UTILITY STRUCTURE PLAN Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all new utility structures [including, but not limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works, Fire Department, and applicable utility agencies. 8. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 9. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether 68 PC 03-11-2025 68 of 77 incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 10. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 11th day of March, 2025, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: 69 PC 03-11-2025 69 of 77 ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 70 PC 03-11-2025 70 of 77 TR-2020-036 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF 5 LIVING TREES TO ACCOMMODATE THE CONSTRUCTION OF A 275-CRYPT GARDEN MAUSOLEUM AT THE GATES OF HEAVEN CEMETERY LOCATED AT 22557 CRISTO REY DRIVE (APN: 342-63-002) SECTION I: PROJECT DESCRIPTION Application No.: TR-2024-023 Applicant: Gates of Heaven Cemetery Location: 22557 Cristo Rey Drive (APN: 342-63-002) SECTION II: FINDINGS: WHEREAS, the Planning Commission of the City of Cupertino received an application for tree removal permit to allow the removal and replacement of 5 living trees to accommodate the construction of a 275-crypt garden mausoleum at the Gates of Heaven Cemetery located at 22557 cristo rey drive; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons set forth in the staff report dated March 11, 2025 and incorporated herein; and WHEREAS, the applicant has met the burden of proof required to support said application; and 71 PC 03-11-2025 71 of 77 Resolution No. TR-2024-023 March 11, 2025 Page - 2 - WHEREAS, the Planning Commission finds: 1. That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). The five (5) development trees are within an area of the cemetery in which the proposed mausaleum is intended to built. This location is the least obstructive for future and current development of any above ground structure on the cemetery grounds. Removal of the trees are deemed necessary for the cemetery to properly expand their operations. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 4 herein, and subject to the conditions contained in all other Resolutions approved for this Project, The application for a Tree Removal Permit, Application No. TR-2024-023, is hereby approved, and that the conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. TR-2024-023 as set forth in the Minutes of the Planning Commission Meeting of March 11, 2025, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROJECT This approval for tree removal is based on the arborist report prepared by Edwin Ramirez (ISA Board Certified Arborist, WE- 13134A) consisting of five (5) pages, including a removal and protection plan, and a replacement justification. The five trees shall not be removed until the applicant is ready to commence construction of the mausoleum. 2. TREE REPLACEMENT The proposed replacements total five (5) replacement trees, to be planted on the subject property prior to issuance of Final Occupancy. The applicant shall provide an updated replacement plan for review and approval by the City prior to issuance of building permits. The applicant shall provide the Department of Community 72 PC 03-11-2025 72 of 77 Resolution No. TR-2024-023 March 11, 2025 Page - 3 - Development adequate documentation, including but not limited to photographs, receipts or invoices, to verify that the replacement trees have been planted. In the event the applicant is unable to plant the approved replacement trees, the applicant may propose alternative adequate tree replacements for trees proposed to be removed. The final number, location, size, and type of trees shall be reviewed and approved by the Director of Community Development, in consultation with the City’s Consulting Arborist, prior to issuance of building permits for the mausoleum. 3. PROTECTED TREES The applicant understands that replacement trees may not be removed without a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the tree. The applicant shall also disclose the location and species of all protected trees on site upon sale of the property. 4. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos.M-2024-002 and ASA-2024-002 shall be applicable to this approval. 5. INDEMNIFICATION AND LIMITATION OF LIABILITY As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall 73 PC 03-11-2025 73 of 77 Resolution No. TR-2024-023 March 11, 2025 Page - 4 - likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. PASSED AND ADOPTED this 11th day of March 2025, Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 74 PC 03-11-2025 74 of 77 75 PC 03-11-2025 75 of 77 76PC 03-11-2025 76 of 77 77PC 03-11-2025 77 of 77