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Cupertino approves 27 townhomes at Banley Drive with noise-mitigation, disclosure and native-plant commitments
Summary
Council approved Summerhill Homes' 27-townhome project at 10268 Family Drive, requiring acoustical certification prior to vertical construction, CC&R disclosures about surrounding nonresidential uses (including hazardous-material storage), and a 50–75% native-plant landscaping target; five units will be deed-restricted as below-market-rate.
The Cupertino City Council on June 2 approved a 27-unit townhome project proposed for 10268 Family Drive (Banley Drive) after adopting several additions to the planning commission's recommendation intended to address noise and neighborhood concerns.
City planning staff described the site as a 1.55-acre former office property within the North De Anza conceptual plan area. The applicant, Summerhill Homes, requested four waivers under the state density bonus law to permit smaller setbacks and other deviations from standard R-3 multifamily requirements. Senior planner John Martier said the project includes 27 three-story townhomes, five deed-restricted below-market-rate units (a mix of median and moderate income designations), and parking that exceeds the municipal code requirement (two spaces per unit plus five guest spaces).
Developer Jared Brotman and Kevin Abrahimi of Summerhill described outreach with neighboring property owners, including Apple, and said the project will include an 8-foot sound-attenuating fence, construction management planning, and pre-occupancy disclosures in CC&Rs about nearby nonresidential uses. Brotman said the project will include solar-ready garages and drought-tolerant landscaping; he told council the development will plant about 55 trees while removing 25.
Land-use counsel Margo Bradish reminded council that the project qualified for statutory AB 130 review timelines and density bonus concessions; she noted that under state law projects that meet objective standards and density bonuses are treated as consistent with local standards.
Residents and local stakeholders were split. Some speakers, including De Anza Learning Center parents and operators, asked the council to preserve the existing schools and studios currently operating in the building; others urged approval to add homes near jobs, transit and schools. Public commenters asked for native plant requirements and more play space and raised concerns about losing office space and long-time tenants.
During deliberations the council added two specific changes to the staff-recommended conditions: (1) require a qualified acoustical engineer to certify before issuance of a building permit for vertical construction that interior noise levels comply with the city's 45-dBA standard for habitable rooms, and (2) add explicit CC&R disclosures that notify buyers the site is surrounded by mixed industrial, commercial and nonresidential uses, including permitted trash/loading areas, delivery schedules, and the storage of hazardous materials. The council also instructed staff to modify landscaping conditions to target 50–75% native plants and to include pollinator-supporting selections.
The developer agreed to direct its landscape architect to pursue a higher native-plant percentage and to provide construction management plans and pre-occupancy disclosures; the applicant committed to installing sound fencing on three property lines.
After debate and several clarifying changes read into the record, the council voted to approve the project as amended; the motion carried unanimously.
What happens next: Under the AB 130 timeline the city must file notice and the applicant may apply for building permits after final approvals; staff noted the decision can be reconsidered within 10 days under local rules.
