Cupertino Adopts Safety Element, Puts Evacuation Capacity First on Road Changes

Cupertino's City Council on Oct. 20, 2026, finished a state-required rewrite of its Health and Safety Element. The new plan tells the city to weigh evacuation capacity before making significant roadway changes such as bike lanes. The council also put off three other decisions: it sent a plan to re-lease the city-owned Blue Pheasant site back to staff, tabled bond financing for The RISE Block 5 Apartments, and heard carpenters union members challenge the project's possible contractor.

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• Resolution 26-114 adopted 5-0, adding an evacuation capacity strategy that excludes routine traffic control changes
• Blue Pheasant lease plan sent back with about $110,000 a year in rent at stake and a Nov. 30 expiration
• Four carpenters union speakers question the labor record of a possible RISE general contractor
• RISE Block 5 financing hearing tabled 5-0 at the applicant's request

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Safety Element Passes With Evacuation Guardrail

The basics: The Health and Safety Element is the chapter of Cupertino's general plan that covers how the city prepares for hazards. Staff and consultant PlaceWorks said this update responds to new state requirements on climate, evacuation and extreme heat. It also folds in the countywide hazard mitigation plan.

Why it matters: The new language ties major road projects, such as bike lanes, to evacuation analysis. That adds a new test for future street changes. It also closes out a roughly three-year update linked to the city's housing element.

Where things stand: Staff said the update passed review by CAL FIRE and the Board of Forestry, Cal OES and the California Geological Survey. It also went through tribal consultation. Staff said it qualifies for a CEQA "common sense" exemption, meaning it is exempt from state environmental review. PlaceWorks Senior Associate Eli Crispy called the element a high-level, broad document, separate from the detailed rules in the Building Code.

The Planning Commission sent four recommendations. Staff supported numbers 2, 3 and 4. It opposed number 1, the evacuation provision, or offered alternative wording, citing concerns that the language was vague.

The other side: Councilmember Ray Wang strongly favored keeping the commission's language. "Getting out for a fire is a lot more important than worrying about a bike lane," said Wang.

Councilmember Sheila Mohan took the opposite view. "I actually agree with the staff recommendation," said Mohan.

Vice Mayor Liang-Fang "Liang" Chao asked how lane changes would trigger the analysis. She argued the strategy's reach was limited. "So I think it doesn't mean any stop sign," said Chao.

Decisions and stakeholder impacts: Mayor Kitty Moore offered a compromise. Her motion adds the commission's idea as a new strategy under Policy HS 2.11, using staff's alternative wording, which relies on the most recent city-sponsored evacuation study. It also adds a sentence excluding routine traffic control changes. Chao seconded, and it passed (For: 5 — Moore, Chao, Fruen, Mohan, Wang; Against: 0; Absent: 0).

Residents worried about wildfire evacuation gain a formal check on significant road redesigns. Bike lanes and similar projects will now face that extra review. The exclusion means staff can keep making routine traffic control changes without it. Public commenter Jennifer Griffin praised the many public meetings behind the update. "I think it's a really, really robust document," said Griffin, who urged emergency coordination and identifying helicopter landing areas.

Noise rules, broad for now: Policy HS 10.8 governs when a project needs an acoustical analysis, meaning a study of its noise impacts. Noise from recreation such as pickleball is a recurring complaint in the city. Assistant Director of Community Development Luke Connolly defended the policy's broad wording. "What it's really focused on is the noise itself and lessening its impacts on residential areas," said Connolly. Moore proposed covering sensitive commercial uses as well. Staff suggested adding "and/or other sensitive receptors."

What's next: "I hope that we propose a future agenda item to make a requirement that acoustical analysis should include the study of impulsive repetitive tonal frequency-sensitive sounds in the study," said Chao. Moore said the request could go to the city manager and that she would support it.

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Blue Pheasant Lease Plan Heads Back to Staff

Why it matters: The city-owned restaurant space at 22100 Stevens Creek Blvd. brings in about $110,000 a year. The current tenant leaves when its lease ends. The council's direction will decide whether the site stays a commercial venue, and on what terms.

Where things stand: Economic Development Manager Daniel Degueux said the Blue Pheasant lease expires Nov. 30, 2026. The tenant has said it will not renew, so the space becomes available Dec. 1. The building is about 6,800 square feet and shares 92 parking spaces.

Staff proposed a two-phase request for proposals (RFP) that follows the city's purchasing policy. The plan includes targeted outreach and an open house. Any negotiated lease would come back to the council.

Moore compared the rent with other restaurant space and noted that the percentage rent is declining. Percentage rent is the share of sales a tenant pays on top of base rent. She also questioned whether a dance club counts as incidental to a golf course use under the site's parks and recreation zoning, and she raised noise and hours. "I would not personally approve the current configuration of the business with the DJ nightclub that they have right now," said Moore.

Chao asked about market analysis and a possible nonprofit center. "I do wish this had come to the council earlier because even if the city have to do RFP, everything takes time," said Chao.

Wang asked for a marketing plan and a triple net lease, in which the tenant covers property taxes, insurance and maintenance. "I think we have a unique opportunity to bring a new business with 92 parking spots, more experiential programming," said Wang.

The other side: Mohan warned that adding detail now could delay the RFP. "So why don't we wait for that before we get into details about what exactly we want to see?" said Mohan.

Councilmember J.R. Fruen said the space should allow some fun. "And it's, I think, also something that should be generating revenue for us," said Fruen.

Public commenter Rhoda urged outreach to neighbors and described noise disruption. "I don't think we should be looking to maximize revenue from our facilities," said Rhoda.

Decisions and stakeholder impacts: No vote was taken. "I don't feel like there is consensus on what we would have at this time for an RFP, so I feel as though this needs to come back," said Moore. The stakes split along three lines: revenue for the city's general fund, noise relief for nearby neighbors, and access to a city-owned site for businesses or nonprofits.

What's next: City Manager Tina Kapoor said she would return in about a couple of months. She also said she would ask the current operator about a short lease extension. "I would like to bring this back as soon as I have all the information ready," said Kapoor.

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Carpenters Press Council on RISE Contractor

The basics: Item 12 was a TEFRA hearing, a federally required public hearing before tax-exempt bonds can be issued. It would have approved conduit financing for The RISE Block 5 Apartments, an Eden Housing project.

Where things stand: Moore said the applicant preferred to postpone. She moved to table the item so it can return on a later agenda. Wang seconded, and the motion passed (For: 5 — Moore, Chao, Fruen, Mohan, Wang; Against: 0; Absent: 0). Speakers who signed up for the item were moved to oral communications.

Why it matters: Four union representatives used that time to urge the council to look closely before granting more public financing. Speakers said the project has already received about $77M in fee waivers.

The other side: "At this time, it is my understanding that the general contractor this developer is selecting could be Brown Construction," said Daniel Alvarez, field representative, Carpenter Union. He supported the project only if SB 35 requirements are met. SB 35 is the state law whose streamlined approvals come with labor standards.

"There are serious concerns regarding the company's labor compliance history," said Jaime Arteaga of the North Coast States Carpenters Union. He cited a 2018 wage penalty assessment of more than $435,000, a 2020 lien of more than $150,000, wage lawsuits and Cal/OSHA citations. These are speakers' claims, not council findings. He asked for written assurances from the developer.

Harvey of the Carpenters Union asked that "the developer would make its best efforts to choose a contractor for the project who unequivocally creates good local jobs for the community during its construction phase." Nicole Gordillo, field representative, North Coast States Carpenters Union Local 405, said housing is welcome but should not come at workers' expense.

Decisions and stakeholder impacts: "I hope the city staff can clarify what is the city's responsibility in terms of ensuring developers comply with SB 35 prevailing wage requirement and how we are doing that," said Chao. A staff reply suggested the state would enforce, with the city able to monitor. Moore recalled earlier labor monitoring reports.

What's next: The pause gives labor groups time to press Eden Housing before the hearing returns. No date has been set.

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• City manager raise: Kapoor gets a 5% raise retroactive to July 1, 2026, and an 80-hour higher vacation cap. Her base pay rises to $353,650, with a total annual cost of $492,754. It passed on the consent calendar, 5-0, without separate discussion.
• McClellan Road Bridge: Acceptance of $850,000 in federal grant funds and a design contract with Biggs Cardoza Associates was postponed to a date uncertain. Moore asked for more information.
• Campaign signs: Public commenter Mina said a 311 complaint about unauthorized signs was still open after nine days. Chao questioned enforcement, and staff said they would check open tickets.
• El Camino Health: Kat Angelov said the health system plans to expand into Cupertino. She cited $13.48M funding 121 grants, including support for Cupertino Union School District.
• Proclamations: The council honored Maytree for Domestic Violence Awareness Month and recognized National First Responders Day (Oct. 28) and United Against Hate Week (Oct. 18-24).

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Looking ahead: Several items will return to the council, though only one has a rough timeline:

• Blue Pheasant: Staff expects to bring the lease plan back in about a couple of months.
• RISE Block 5: The financing hearing will be re-agendized when the applicant is ready.
• McClellan Road Bridge: The grant and design contract await a new date.
• Noise rules: Chao's request for stricter acoustic study requirements may come back as a future agenda item.