PC Packet 08-25-2020CITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
This will be a teleconference meeting with no physical location .
Tuesday, August 25, 2020
6:45 PM
Teleconference Meeting
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 5:00 p.m. on Tuesday, August 25 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.
2) E-mail comments during the times for public comment during the meeting to the
Commission at planningcommission@cupertino.org. The staff liaison will read the emails
into the record, and display any attachments on the screen, for up to 3 minutes (subject to
the Chair’s discretion to shorten time for public comments). Members of the public that
wish to share a document must email planningcommission@cupertino.org prior to
speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
comments as follows:
Page 1
Planning Commission Agenda August 25, 2020
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item .
To address the Commission, click on the link below to register in advance and access the
meeting:
Online
Please click the link below to join the webinar :
https://cityofcupertino.zoom.us/webinar/register/WN_b_KgFH9ARTCmVrG3cdipeg
Phone
Dial 888 788 0099 and enter Webinar ID: 956 1786 2088 (Type *9 to raise hand to speak)
Unregistered participants will be called on by the last four digits of their phone number .
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 956 1786 2088
SIP: 95617862088@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.”
Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic .
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Planning Commission Agenda August 25, 2020
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference 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.
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Draft Minutes of August 11, 2020
Recommended Action: Approve or modify the Draft Minutes of August 11, 2020
Draft Minutes of August 11, 2020
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.
WRITTEN COMMUNICATIONS
CONSENT CALENDAR
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 allow the construction of a new swimming pool, spa,
adjacent patio, and related retaining walls and grading within the 15% site line of a
prominent ridge line and on slopes greater than 30%. Application No(s).: EXC-2020-001;
Applicant(s): Janet DeCarli; Location: 11640 Regnart Canyon Dr APN #366-33-006
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
Planning Commission decision final unless appealed
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Planning Commission Agenda August 25, 2020
Staff Report
1 - Draft Resolution EXC-2020-001
2 - Plan Set
OLD BUSINESS
NEW BUSINESS
STAFF AND COMMISSION REPORTS
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
teleconference 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, during normal business hours and in Planning packet archives
linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City 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’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
Members of the public are entitled to address the Planning Commission concerning any item that is
described in the notice or agenda for this meeting, before or during consideration of that item. If you
wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker
request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the
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Planning Commission Agenda August 25, 2020
item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to
address the Planning Commission on any other item not on the agenda, you may do so by during the
public comment portion of the meeting following the same procedure described above. Please limit your
comments to three (3) minutes or less.
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
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
ACTION MINUTES, August 11, 2020
PLEDGE OF ALLEGIANCE
At 6:45pm Chair Moore called to order the regular Planning Commission meeting. This was a
teleconference meeting with no physical location.
ROLL CALL
Present: Chairperson Moore, Vice Chair R Wang, Commissioners, Vikram Saxena, Alan
Takahashi, David Fung
Absent: None
APPROVAL OF MINUTES:
1. Subject: Amended Draft Minutes of July 28, 2020.
Recommended Action: Approve or modify the Amended Draft Minutes of July 28, 2020
Moved by Chair Moore and seconded by Com. Takahashi to: “Approve the minutes”. The
motion carried 3-0-2 (Fung abstain, Saxena absent)
Commissioner Saxena joined the meeting at 6:50pm.
PRESENTATIONS:
2. Subject: Receive Email Phishing Campaign presentation from Chief Technology Officer, Bill
Mitchell
Recommended Action: Receive presentation and provide any input to Staff
Chief Technology Officer, Bill Mitchell, presented a slide show presentation reviewing the ways
hackers will try to compromise the City’s systems and how to spot these attempts. He reviewed
the IT Department’s and the employees’ role in keeping the City’s systems safe. The
Commissioners asked some questions, which he answered. They thanked him for his
presentation.
ORAL COMMUNICATIONS:
Jennifer Griffin voiced her concerns about the new housing bills being circulated by the State
Legislature
C
WRITTEN COMMUNICATIONS:
Two emails were received regarding Item #3
PUBLIC HEARING:
3. Subject: Municipal Code Amendments to adopt glazing and lighting regulations to
implement the Fiscal Year 2019/20 City Council Work Program items relating to Dark Sky
and Bird Safe Design. Application No(s): MCA-2019-003, MCA-2019-004; Applicant(s): City
of Cupertino; Location: citywide
Recommended Action: Conduct the public hearing and recommend that the City Council:
1) find that the proposed actions are exempt from CEQA; and 2) Amend the Municipal Code
by adding a new Chapter 19.102 and amending Chapters 19.08, 19.12, 19.40, 19.60 and 19.72
to adopt glazing and lighting regulations to implement Bird-Safe and Dark Sky goals
Senior Planner Erick Serrano and Associate Planner, Ellen Yau, reviewed the draft Ordinance
and proposed Municipal Code changes with Planning Commissioners. They were asked
clarifying questions and operational scenarios, which they answered.
Chair Moore opened the public comment period and the following individual(s) spoke:
Rose G
Shani Kleinhaus
Connie Cunningham
Dashiell Leeds
Lisa Warren
Robert Hirt
Chair Moore closed the public comment period.
The Commissioner thanked Staff for a comprehensive report, but felt some additional
information was needed before they could make a recommendation to the City Council. They
requested that the proposed actions be additionally evaluated including, but not, limited to; a
cost analysis to the homeowner, need for distinctions between residential and commercial
lighting regulations, code enforcement, consultation with other cities regarding
implementation lessons, determine the threshold of when to apply glazing and lighting
regulations in residential remodels and additions, contact the Chamber of Co mmerce to see if
changes in glazing and lighting requirements will pose an issue or concern for local businesses,
and consider an alternate regulatory mechanism (guidelines plus public education).
Moved by Vice Chair Wang and seconded by Com. Fung to: Continue the items to a future
Planning Commission meeting, date uncertain. The motion carried 5-0-0.
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None
REPORT OF THE PLANNING COMMISSION:
Commissioner Fung updated the Commission on the Mayor’s Monthly meeting he attended in
June. Chair Moore and Vice Chair virtually attended the State’s Assembly hearings on
proposed legislation of SB1120 and SB902 earlier in the day.
ADJOURNMENT:
The meeting was adjourned at 9:45 p.m. to the next regular Planning Commission meeting on
August 25, 2020 at 6:45 p.m.
Respectfully Submitted:
______/s/Beth Ebben_______________
Beth Ebben, Deputy Board Clerk
PLANNING COMMISSION STAFF REPORT
Meeting: August 25, 2020
SUBJECT
Hillside Exception to consider allowing the construction of a new swimming pool, spa,
adjacent patio, and related retaining walls and grading within the 15% line of sight of a
prominent ridge line and on slopes greater than 30%. (Application No(s).: EXC-2020-
001; Applicant(s): Janet De Carli; Location: 11640 Regnart Canyon Dr.; APN(s): 366-33-
006)
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-2020-001) (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.)
Lot Area 179,467 sq. ft. (4.12 acres)
Project Data Allowed Existing Proposed Total
Grading Quantity (cubic
yards)
2,500 cu. yd. max.,
exclude basements
1,150 cu.
yds
155 cu.
yds
1,305 cu.
yds
Flat Yard Area (square feet) 2,500 sq. ft. max.,
exclude driveways
556 sq. ft. 750 sq. ft. 1,306 sq.
ft.
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 Monta Vista South
neighborhood in a Residential Hillside
(RHS) zoning district and is surrounded
by hillside single-family residences to
the north, east, south, and west. The
RHS district is intended to balance
residential uses with preserving
natural settings and protecting life and
property from natural hazards.
The property is accessed by Regnart
Canyon Drive, a private street. The site
contains a 6,171-square-foot two-story
residence, as well as a water tower, and
a cell tower. The property has been
developed since 1981.
Proposed Project
The applicant, and property owner, Janet De Carli, is proposing to expand an existing
556 sq. ft. patio along the eastern edge of the home to a 750 sq. ft. patio and 950 sq. ft.
swimming pool. The developed patio will be supported by offset retaining walls, with
landscaping and screening vegetation planted between the offset retaining walls. The
pool is designed as an infinity pool with three levels; the top level will be a rim flow spa
which spills into the infinity vanishing edge pool. The pool then cascades into a lower
trough. The pool has a maximum depth of four feet.
The new patio area will be slightly below the trough and designed to have an
unobstructed view of the Santa Clara Valley. Surrounding the new patio and pool will be
enhanced low water use landscaping. Three 24”-box Coast Live Oaks will be planted
downslope from the patio and pool. No trees will be removed.
Hillside Exception:
The RHS Ordinance, Chapter 19.40 of the Cupertino Municipal Code, prohibits any
structures that disrupt a 15% site line from a prominent ridgeline and 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),
Figure 1 Site Aerial
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 use.
The subject property is located along a
prominent ridgeline (see Figure 2). In
addition, much of the property has
slopes greater than 30% (see Figure 3).
Therefore, almost any development on
the property, including the addition of
any type of accessory structure such as
the proposed pool or patio, cannot be
feasibly constructed on the property
without a hillside exception request.
The siting and design of the proposed structure minimizes grading as it is adjacent to the
house and existing patio, which eliminates the need for pathways to the structure.
Figure 2 Prominent Ridgeline
Figure 3 Slope Percentage over 30%
Previous conditions of approval required the planting of trees to screen the existing
building on the property. While reviewing a prior application (M-2008-01), which was
approved but never built, it was discovered that the trees required for screening had been
topped and/or removed. To mitigate this issue, the Planning Commission with
Resolution 6514 had required the replacement of those trees as a condition of approval.
In reviewing the landscape plans submitted by the applicant, it appears that those
required trees had not been planted. Furthermore, while the applicant is proposing to
plant three oak trees further downslope to screen the new patio and pool, it is not
anticipated that these will help with screening the existing two-story home. Therefore, a
condition of approval has been added to the draft resolution for the current project to
require replacement of the topped trees in a manner to screen the existing two-story
home.
Except for the proposed development into the 15% site line of the prominent ridgeline
and on slopes greater than 30%, the proposed patio and pool 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.
Geological Review:
The property is in a hillside and slope instability geologic hazard zone. The City’s
Geotechnical Consultant has peer-reviewed the applicant’s geotechnical reports and has
concluded that the project is feasible from a geologic standpoint. Their recommendations
have been added as conditions of approval.
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 accessory structures, such as patios and swimming pools (see CEQA
Guidelines § 15303(e)), 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 following table is a brief summary of the noticing done for this project:
Public Notice Agenda
Site Signage (14 days prior to the hearing)
Legal ad placed in newspaper (at least 10
days prior to the hearing)
15 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
(August 20, 2020).
PERMIT STREAMLINING ACT
This project is subject to the Permit Streamlining Act (Government Code Section 65920 –
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Received: January 15, 2020; Deemed Incomplete: February 11, 2020
Project Resubmission: July 6, 2020; Deemed Complete: July 20, 2020
Since this project is Categorically Exempt, the City has 60 days (until September 20, 2020)
to decide on the project.
CONCLUSION
The lot is surrounded by existing hillside single-family residences and any onsite
development that disrupts the 15% site line of the prominent ridgeline and/or is greater
than 500 square feet on a slope greater than 30% would require a Hillside Exception.
Development cannot feasibly occur on the property without a Hillside Exception request
as the site is constrained by a prominent ridgeline. The ridgeline runs along the northern
portion of the property and is virtually entirely sloped greater than 30%. The location and
design of a proposed patio and pool 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. Staff recommends approval of the Hillside
Exception since the plans and conditions of approval address all concerns related to the
proposed project. Additionally, all the findings for approval of the proposed project,
consistent with Chapter 19.40 of the Cupertino Municipal Code have been met.
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 August 25, 2020. The applicant may apply for building and other permits at
the end of the appeal period to complete installation of the proposed signs.
This approval expires on August 25, 2021, 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: Benjamin Fu, Director of Community Development
ATTACHMENTS:
1 – Draft Resolution for EXC-2020-001
2 – Plan Set
1279519.1
DRAFT RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF
A NEW SWIMMING POOL, SPA, ADJACENT PATIO, AND RELATED
RETAINING WALLS AND GRADING WITHIN THE 15% SITE LINE OF A
PROMINENT RIDGE LINE AND ON SLOPES GREATER THAN 30%
LOCATED AT 11640 REGNART CANYON DRIVE
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2020-001
Applicant: Jan De Carli
Property Owner: Janet De Carli Trustee & Et Al
Location: 11640 Regnart Canyon Drive (APN#366-33-006)
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 15303 for the
reasons set forth in the staff report dated August 25, 2020 and incorporated herein; and
WHEREAS, on August 25, 2020, 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
Draft Resolution EXC-2020-001 August 25, 2020
Page 2
WHEREAS, the applicant has met the burden of proof required to 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 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 storm
water 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 patio and swimming pool will not any new traffic impacts and/or driveways to
the private raod. 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 is accessed by the private Regnart Canyon Drive. In addition, water and sewer
connections are available in the street. The proposed project does not propose any changes to
such access or services. Therefore, the development has legal access to public streets and
public services to serve the development.
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;
Any onsite development that disrupts the 15% site line of the prominent ridgeline and
construction of a structure greater than 500 sf on slopes gretare than 30% requires a Hillside
Exception. Development cannot feasibly occur on the property without a Hillside Exception
request as the site is constrained by a prominent ridgeline that runs along the northern
portion of the property. The site is constrained by steep slopes over 30%. The siting and
design of the accessory structures will follow the contours of the site to minimize grading,
Draft Resolution EXC-2020-001 August 25, 2020
Page 3
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.
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;
The proposed development will be located on a relatively flat and previously graded portion of
the property in order to avoid excessive grading of the site adjacent to the existing single
family home. Further, the site is constrained by steep slopes that limit areas on the parcel
where development may occur. The siting and design of the accessory structure will follow
the contours of the site to minimize grading, minimize the removal of landscaping and reduce
the visibility of all retaining walls necessary to develop the property in a manner consistent
with the purpose of the Residential Hillside Ordinance.
Other alternative locations for development on the parcel would result in greater grading on
the site and removal of additional landscaping and/or native trees. The proposed development
is 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 Policies 2-49);
The geotechnical report and peer review do not indicate any significant 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 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.
Draft Resolution EXC-2020-001 August 25, 2020
Page 4
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);
There is a potential that the addition of the pool and patio could disrupt the natural silhouette
of the ridgeline. However, because the proposed development will be located adjacent to the
existing single family home, it not only avoids excessive grading of the site, but the silhouette
disruption will be negligeable. Further, the site is constrained by steep slopes that limit areas
on the parcel where development may occur. The siting and design of the accessory
structures will follow the contours of the site to minimize grading, minimize the removal of
landscaping and reduce the visibility of all retaining walls necessary to develop the property
in a manner consistent with the purpose of the Residential Hillside Ordinance. Additionally,
to address screening issues with regard to the existing two-story structure and fix a prior
violation, the applicant is being required to plant screening trees.
Other alternative locations for development on the parcel would result in greater grading on
the site, removal of additional landscaping and/or native trees. The proposed development
will be located to minimize environmental and grading impacts on the site.
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);
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.
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);
Draft Resolution EXC-2020-001 August 25, 2020
Page 5
The parcel is not located adjacent to public open space preserves, parks, a riparian corridor,
or wildlife habitats. The project site is adjacent to other developed properties with a similar
zoning.
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 evaluated and the project is conditioned to provide a
landscape plan to be reviewed and approved prior to Building Permit issuance. The project
shall also comply with Chapter 14.15: Landscape Ordinance of the City of Cupertino
Municipal Code (CMC). Additionally, since the site is located in an area designated as
Wildland Urban Interface by CMC Chapter 16.74, fire-prone plant materials and highly
flammable mulches are strongly discouraged. In conformance with California Public
Resources Code Section 4291, plants shall be selected, arranged, and maintained to provide
defensible space for wildfire protection. The installation of invasive plant species and noxious
weeds is also prohibited. Further, Residential Hillside homes are required to minimize turf
areas on hillsides and turf may not be planted on slopes greater than 25%.
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 can 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
To allow free movement of animals, in compliane with the RHS fencing standards, only
5,000 square feet (excluding the principal building) of net lot area may be enclosed with solid
fencing.
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
Draft Resolution EXC-2020-001 August 25, 2020
Page 6
section 15303, which applies to new construction or conversion of single-family
residences and accessory structures; and
WHEREAS, the Planning Commission determined that the project is categorically
exempt in accordance with CEQA Guidelines sections 15303; 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.
2. Approves the application for a Hillside Exception, Application no. EXC-2020-001
subject to the conditions which are enumerated in this Resolution beginning on PAGE 6
thereof. The conclusions and subconclusions upon which the findings and conditions
specified in this resolution are based, including those contained in the Public Hearing
record concerning Application no. EXC-2020-001 as set forth in the Minutes of Planning
Commission Meeting of August 25, 2020, 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.
1. APPROVED EXHIBITS
Approval is based on the plan set consisting of 12 sheets, labled Sheets L-1.0 through
L-9 entitled, “Karen & Ken Tersini Residences,” drawn and submitted by Whisler
Land Planning, the Topographic Survey consisting of one (1) sheet, submitted by
MH engineering Co.
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,
Draft Resolution EXC-2020-001 August 25, 2020
Page 7
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. 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.
5. 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 issuance of final demolition/grading
permits.
6. 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
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
7. CONSTRUCTION HOURS
The applicant shall comply with the 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
Draft Resolution EXC-2020-001 August 25, 2020
Page 8
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 location at the entrance to
the job site, prior to commencement of demolition and/or grading activities.
8. LANDSCAPE PROJECT SUBMITTAL:
The applicant shall submit a full landscape project submittal, per sections 490.1,
492.1, and 492.3 of the Department of Water Resources Model Water Efficient
Landscape Ordinance, for projects with landscape area more than 500 square feet;
the applicant shall submit either a full landscape project submittal or submit the
Prescriptive Compliance Checklist per Appendix D of the Department of Water
Resources Model Water Efficient Landscape Ordinance for projects with landscape
area more than 500 square feet and less than 2,500 square feet. The Landscape
Documentation Package or Prescriptive Compliance Checklist shall be reviewed and
approved to the satisfaction of the Director of Community Development prior to
issuance of building permits.
9. TREE REPLACEMENT FOR TOPPED TREES
Six (6) former/existing trees that were topped shall be replaced on a 1 to 1 basis with
six (6) 48-inch box California native Incense Cedars planted along the northeastern
and eastern downhill slopes in order to screen the existing two-story house from the
valley floor. An updated landscaping plan shall be provided to staff for review and
approval to the satisfaction of the Director of Community Development prior to
issuance of building permits.
10. 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.
11. 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
Draft Resolution EXC-2020-001 August 25, 2020
Page 9
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.
12. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
Draft Resolution EXC-2020-001 August 25, 2020
Page 10
1. GRADING
A grading permit is required for the proposed free-standing retaining walls that are
greater than four feet (including foundation). 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.
2. 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 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.
3. FEES AND BONDS
The project developer shall provide payment of fees, including but not limited to
checking and inspection fees, storm drain fees, park dedication fees and fees for
under grounding of utilities. Said fees shall be executed and paid prior to issuance of
Building permit.
Fees:
a. Checking & Inspection Fees: Per current fee schedule ($891)
b. Grading Permit: Per current fee schedule ($3,059 or 6% of
improvement costs)
c. Storm Drainage Fee: Per current fee schedule ($3,645 per DU)
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 change
or changes, the fees changed at that time will reflect the then current fee schedule.
4. BEST MANAGEMENT PRACTICES
Draft Resolution EXC-2020-001 August 25, 2020
Page 11
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.
5. 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.
6. 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.
7. 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.
8. UPDATED GEOTECHNICAL INVESTIGATION
The Project Geotechnical Consultant should perform a focused geotechnical
investigation of the proposed retaining wall and pool development, including, but
not limited to, the following items:
Subsurface investigation should be performed to span the limits of the retaining
wall footprint area to assure that the subsurface geologic materials have been
adequately characterized. The proposed development spans over 100 feet of
distance across the ridgeline, with variable fill and colluvial soil depths, and
thus, warrants further subsurface exploration.
Retaining wall and pool foundation recommendations should be provided.
Swimming pool recommendations have been provided in the referenced
geotechnical report, including recommendations for supporting the pool shell on
reinforced concrete piers extending a minimum of 5 feet into bedrock. It is our
opinion that the minimum pier embedment depth into rock should be re-
evaluated, particularly with the combined thickness of existing fill and colluvial
soil exceeding 6 feet in the one exploratory boring, and laboratory test results
that demonstrate moderate to highly expansive soil and rock.
Hillside stability should be evaluated based upon the surcharge loads imposed
from the proposed retaining walls.
9. STRUCTURAL PLANS AND CALCULATIONS
Structural plans and calculations should be generated that incorporate the
recommendations of the Project Geotechnical Consultant.
Draft Resolution EXC-2020-001 August 25, 2020
Page 12
10. GEOTECHNICAL PLAN REVIEW
The applicant's geotechnical consultant should review and approve all geotechnical
aspects of the development plans (i.e., site preparation and grading, site drainage
improvements and design parameters for foundations, drainage, pavement and
retaining walls) to ensure that their recommendations have been properly
incorporated. The Updated Geotechnical Investigation, Structural Plans and
Geotechnical Plan Review should be submitted to the City for review and approval
by the City staff and City Geotechnical Consultant prior to issuance of building
permits.
11. GEOTECHNICAL FIELD INSPECTION
The geotechnical consultant and engineering geologist should inspect, test (as
needed), and approve all geotechnical aspects of the project construction. The
inspections should include, but not necessarily be limited to: site preparation and
grading, site surface and subsurface drainage improvements and excavations for
foundations and retaining walls prior to the placement of steel and concrete. The
results of these inspections and the as-built conditions of the project should be
described by the consultants in a letter and submitted to the City Engineer for
review prior to final project (as-built) approval.
PASSED AND ADOPTED this 25th day of August, 2020, 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:
Benjamin Fu Kitty Moore
Director of Community Development Chair, Planning Commission
1279494.1
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1 x 2 Stake
1 x 2 Stake
1 x 2 Stake
SJWCO Paddle
ex 13" Ø oak ex 6" Ø toyon
ex 14" Ø cedar
ex 3" Ø olive
ex 18" Ø cedar
ex 16" Ø pine
ex 20" Ø pine
ex 21" Ø pine
ex 7" Ø oak 382.54'N17°09'30"E
163.47'
N1°19'10"W
53.85'N18°33'35"W193.74'N76°40'30
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334.93'
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APN 366-33-006
Decarli, Doc# 14765800
Lot 6, 397 M 20
Regnart Canyon Drive75' Transmission line easement
per 3630 O.R. 162
40'
ingress, egress, & utilities
per 4353 O.R. 66
water tank easement
per 7380 O.R. 543
NorthSCALE: 1"=20'010203040(EO
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149.09'S35°02'08"W164.97'S2°48'27"E140.72'N
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59.99'
(r = 12.00')
(Δ = 147°11'15")
(l = 30.83')
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62.26'
(r = 94.00')
(Δ = 50°39'45")
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APN 366-33-006
Decarli, Doc# 14765800
Lot 6, 397 M 20
75' Transmission line easement
per 3630 O.R. 162
40'
ingress, egress, & utilities
per 4353 O.R. 66
found 3/4" IP T&T
LS 2734
found 3/4" IP open
Project Site
Regnart
Road Bubbt RoadLindy
L
a
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Rainbow Drive Stelling RoadRegnart Canyon Drive
85
C A L I FORINA
Rainbow Drive
Stelling RoadBubbt RoadRegna
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L:\Projects\Bill\219037 Tersini - Regnart Canyon Dr\dwg\219037 Existing Topography.dwg - 4/5/2019 6:17 PM - Plotted 4/8/2019 10:35 AM by David FariaJOB NO.
OF 16075 Vineyard BoulevardMorgan Hill, CA 95037DATE:SCALE:DRAWN BY:CHECKED BY:Xrefs: 219037 Lo Existing; 219037 Hatch; 219037 Points; 219037 Vicinity MapSHEET
219037
1
1Tersini - Existing TopographyRegnart Canyon Drive - APN 366-33-0064/5/2019As ShownDFEYApplicant/Owner:
Ken and Karen Tersini
11640 Regnart Caynon Drive
Cupertino, CA 95014
408.931.1933
karen_tersini@sbcglobal.net
Project Information:
APN 366-33-006
Present Use:Residential
Present Zoning:RHS
Sanitary Sewer:Cupertino
Gas and Electric:PG&E
Water:Cupertino
Telephone:
Existing Improvements:As Shown
Area:4.12 ac
Boundary Note: Property lines shown on this plan are
based on record data and boundary monumentation
measured to date.WILLIAM J . McCLI
N
TOCKST
ATE OF CA L IF O R NIAEXP.
No. 24893
REGISTERED P R O F ESSIONA
L
E
NGI
NEER12-31-2019
Site Map
Vicinity Map
NorthScale: 1"=100'20010050250North