City of Cupertino, CA Recent City of Cupertino Meetings, 12 Jul 2022

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From YouTube: Cupertino Planning Commission Meeting - July 12, 2022 (Live Streamed Version)

Description

Coverage of the July 12, 2022 Cupertino Planning Commission Teleconference Meeting.

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Recording in progress.

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Okay good evening, everyone and welcome to the july 12th meeting of the cooper tino planning kitchen. Our first item is our roll call. Can we have the roll call? Please.

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Here very good. Our first item is the approval of minutes. These are the minutes from the june 13th joint meeting of parks and recreation planning and bike pad.

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If you can all take a second to review those minutes see if you see any things that need to be changed, and then we can have a motion.

C

I believe this meeting was run by parks and rec correct yeah. This was run by mina.

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Okay, I'll make a motion to approve these minutes.

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Okay, let's have a vote then.

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Commissioner, kapil.

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Commissioner saxena commissioner wong.

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Thank you thanks your money, public.

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I cannot walk, I wasn't there.

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And chair shark.

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Motion carries three zero 1 1.

C

And now we are on to oral communications. These. This is the opportunity for members of the public to speak on items that are not on tonight's agenda, so I will go and look at the attendees.

C

uh If anyone would like to speak, I only see two attendees either one would like to speak. Please raise your hand.

C

Okay, seeing no hands raised, we will move on to the first agenda item and, oh I'm sorry were there any written communications.

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Anyone cyra were there written communications. I don't.

F

I did not see any come through. There was one item, but that was received for the um for the public hearing. Thank you. Sarah.

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Okay, so on to the public hearing, this is um a request for a hillside exception to allow a maintenance road within an existing residential property on slopes greater than 30 percent. This is application number eex, 2019-003 ea-2022.

C

The applicants are bruce and joyce stakely, and this is at 21 750 rainbow drive assessor parcel number 36603064.

C

So may we have the staff report please.

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Yes, sir, thank you very much. I'm actually going to introduce john paul mortiers, our senior planner, who will be presenting the staff report for this item. Thank you.

E

Thank you pew again, john martier uh senior planner with the community development department. I've taken over this project from my former colleague uh we've been working on this for a while and uh hopefully get this over the finish line. um This is a hillside exception, as um the chair had adequately uh explained, for a maintenance, road and a hillside zone property on slopes that are uh over 30 percent. So a few things about the project, as you can see on the screen, do you everyone see the screen?

E

Okay, just want to make sure you're all good awesome. um The blue outline is the the project site at um 21750 rainbow drive. You can see that the product that the site is actually accessed by a common access, easement coming from rainbow drive up into the home, which is right here, um and there is no direct access to regnart road because of ragnar creek right there.

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So uh the decided to right is about eight acres, approximately it's surrounded mostly by single-family homes, with the city border, uh adjacent to fremont, older, open space preserve to south of the house right there. um The average slope on site is 44, which is pretty steep um for an average slope and to access the lower portion of the property, which is approximately right here. We see the vineyard in the in the flat area adjacent to the creek.

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The residents would have to either go through ragnart road through the neighboring property or approximately ride in this location and um and or from the neighboring property to the north through there, which is more of a walking path.

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Again, the the applicants are in attendance tonight and they can explain the situation as to why they need the maintenance road and, as discussed in a staff report, uh the neighbor to the south has limited their access going forward for various reasons, um and there is no access easement through either um through their parcel for them to go down and maintain the vineyard and also maintain the landscaping on the sub on the lower portion of the parcel. Next to the creek.

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So to remedy this um this unfortunate situation, uh the property owners, have um proposed to do a 450 foot, long 12 foot wide access road meandering through the the elk grove inside of this hill down from their home, connecting the driveway down to the the lower portion of their property.

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The approximate project area is a little bit less than half acre, so 0.44 acres um amongst along these uh this, this meandering maintenance row before retaining wall segments with retaining walls as as mostly under six feet, tall some as short as or exposed. As you know, foot foot in half to very small segments are about nine feet tall.

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The total cut and fill for this proposed project is about 760 cubic yards combined with the cut and fill the previous development on the site, which is a single family, home they're, still under the 2500 uh cubic yard limitation of the hillside zone.

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So here you can see the landscape plan that shows essentially what the road will look like and because of it's the way it's designed um the 29 trees that are on site, 28 of which are coastline, look, will be preserved, maintained as well as enough space to add additional native, mostly native plantings, but all drought-tolerant along the road. The hillside to one maintain the the fill portions next adjacent to the to the road, but also to um to mitigate any type of visual impacts you might have from for the exposed retaining walls.

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uh The retaining walls have been conditioned as well to have natural colors and to blend in more with the with the surrounding.

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um As you can see, the first era shows where the where the existing house is, and the next arrow shows the 100 foot riparian setback that is mandated by the by 1940, which is the hillside ordinance from the regular creek.

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um So this again requires hillside exception, because any disturbance of ground that's over 500 square feet on slopes that are 300, that over 30 percent do require a hillside, exception um staff. The city does support. Power, has support in the past um hillside exceptions if there are unique circumstances that limit the um the use of the property to its full extent um in most homes that not most homes, but many of the homes are built in this. These rhs areas are we're improving hillside exceptions as well, as you know, accessory structures such as decks and.

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As well, um there are 12 findings that the city has to make to approve a hillside exception and they go from anywhere from the development not being injurious to the proper improvements in the area at detrimental to public health as well. As you know, a development would require the an exception that which involves lease modification deviation from the standard regulations of the chapter and staff. This staff believes that this project has met all 12 of those findings.

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Further, as part of this um analysis um and because of its location near ragnar creek, um the city conducted a mitigated negative declaration uh in coordination with rainey our squad consultant who's, also in attendance as well. To answer the questions if you might have um there's what was found was that there are certain mitigation measures that that are done with the biological resources, cultural resources, geology and soils and tribal cultural resources that are needed in order to bring any significant impact.

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Oh any impact to a lesser, significant levels.

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This item was brought to the erc on may 19th of this year and the erc recommended uh 5.0 for the uh that that the minigame negative declaration for the project was adequate uh for secret purposes.

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uh Steph's recommended action that the planning commission adopt uh the proposed draft fund solutions to one approve a mitigated negative declaration and to approve the hillside exception um and, as mentioned before any questions about seqa. We do have our consultant in attendance, and we also do have. I believe.

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A short presentation.

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When, when the time comes by the project, applicants and property owners as well, and that concludes our presentation.

C

Okay, very good. um Let's see I want. Let me see if there's any public comment here, um one second there's three attendees, I don't see if anyone would like to comment, could you raise your hand? I see three attendees. I see uh uh quan yuan uh go ahead and speak. Give three minutes.

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Yeah uh not not gonna take two minutes. um My name is juan, I'm actually the next-door neighbor of blues and joyce, and I just want to voice my support here. um So this is actually I've. Seen bruce and joyce been, you know, maintaining that the area very well and then really a good neighbor to have, and I think this road, this maintenance road would actually help. um You know the actually the whole neighborhood.

J

um You know, I think the side benefit I haven't seen anybody mention that is, will be um you know, having those hill, better maintained or actually reduce any potential fire hazard, which is something that I guess a whole neighbor would actually have concerned about. But this is, this is definitely a positive for the whole neighborhood. So I want to really you know, voice myself all here. Okay, all right! That's it.

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All right thank.

J

C

You thank you for being brief, and next we have lisa warren, go ahead, lisa actually.

K

I don't have anything to say on this, but I could not get into the meeting until after oral.

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Communications- I just don't know if it's too bad for me or if I would have an opportunity later.

K

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C

Okay: let's go back um to um this agenda item and go back to the commissioners and see if any of our commissioners have any questions. I already saw this uh at the erc. I don't really have any more questions, um so, let's go to sanjeev go.

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Two questions: actually I've been through all the details attached to this particular plan. So one thing, I'm not very clear: it seems like the easement to the neighboring properties was the right way. Was the existing way of reaching to this particular point down the hill uh slope.

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uh That picture is not very clear that exactly how that easement was and how- uh and that was not even shown in the presentation given earlier by senior planner, uh so I would like to understand that uh was there something easier way, because this looks like a very, very big project uh from all the details presented uh along with it.

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Second question I have is basically the the supporting walls along that road does that you have enough projections inside the ground? Does that call erosion or some kind of a soil erosion, or when you construct that or how do you avoid that? Basically, that's the other other point I had so that's all you can answer the first one that is the most important one, because that gives the pretext why this road is so much important than the existing way of reaching them.

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This is bruce stakely.

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um Let me take a cut at the response, so as you stop from uh thank you, john in your report and the layout of the property- and I can also hit this briefly in the briefing, but essentially the bottom of the property, uh which is where, which is the target endpoint of the maintenance road.

B

There isn't an easement um across our neighbor's property that that goes over to uh regnart road. uh He does. There is physical access there, but for various reasons um uh he is limiting that uh or the family is limiting, that that has to do with their the age and and fragility of their bridge and their playing and use of their of their own yard.

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There is another area which I can show on a drawing where that doesn't have an easement from one of our neighbors and it's on. It originates on his property and our one of our and it's also a walking path.

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uh It has portions that are very narrow and very steep laterally and much steeper, and um so we elected to try to develop a road which is part of the plan uh that you've heard a little bit about already on that originates on our property, meets the 30 percent max slope uh and doesn't cut down uh any trees and still gets us to the midpoint of our property, which is our uh shed and adjacent to the vineyard and the lower part of the property.

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So we did do some trades just to investigate the possibility of using the other path and for those various reasons we chose this.

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Path, so the second question was related to the fact that uh there are three supporting walls and they have a projections inside the ground, uh so the six feet is above the high above that the ground and the remaining portion. I believe two to three feet- is down below the ground, so.

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And does that not uh disturb the slope, because I believe that uh slope is uh one of them. The environmental concern is that not to disturb that particular slope which can cause various other side effects.

B

Yes, that's that's a very good question and uh we have uh addressed that in a number of different ways and one of the ways has to do with uh during the installation in construction excavation activities. There are preventive measures that will prevent sentiment from flowing and rolling down the hill that are the traditional uh bales and such and other catch basins or temporary structures that will hold any kind of concrete issues.

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So there's a handful of preventive measures that go on during the initial construction and then the design features include which were done by our civil engineer include drainage control. So the vertical concrete walls which are the uphill a couple of them are uphill of the road, and a couple of them are downhill of the proposed road.

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All include um uh concrete v ditches at their base, uh which collects uh heavy rain waters or overflow water during winter uh situations and those go to those are piped to uh rip-rap areas and you'll, see on the on the drawing. There are there's probably uh three to six of those that are located at various uh strategic points and that rip rap uh will dissipate and so that there isn't any soil erosion or erosion control issues.

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C

Okay, let's move on to mooney go ahead.

H

So I have a couple of questions, so I I saw that this project was, you know, handled by our staff. You know for quite some time all the way up way back going back to 2019 or sometimes so, I'm just trying to understand. You know why this was. You know rejected so many times and finally, you know it's getting into approval. So what's different.

B

Yeah, that's very that's another good question and we you know it. We actually started a few years before getting the uh the drawings um generated or initiated.

B

So uh we essentially uh it looked like the first drawing set that was submitted, I think was in 2019, I believe, and then there was an uh five or six rounds of declared incomplete and uh each of those, and I keep very meticulous records and my wife just does also we have all of those emails and all of those questions and at another time you can take a look at them, but essentially uh there was one.

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We had a structural certified structural engineer. All of our materials were peer reviewed and during the process of one of the peer reviews.

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uh That the one of the soldier piles which are used on the tall walls didn't have the length set by our geo-forensic uh engineer geotechnologist. So we had to go back another round and uh collect the the structural, the wall, designer structural linear, and go through that process again. So that took took some time and then there were a hand.

B

There were a handful of uh comments and questions that were actually coming in at, um I would say trickling and we, if you you, can look at the notes and our response time was usually within weeks and then uh three to six months later.

B

We would get another round of questions, and- and I don't want to dismiss the questions, all questions we want to make sure get answered properly, but the rate at which those were getting asked in some and were you know they somewhat towards the last uh two years, which was also complicated by pandemic and and kind of uh issues um waiting.

K

For the seekboil that took a while.

B

Yeah, the sequel, for some reason we act um took quite some time and we actually started uh that process, probably two and a half years ago, uh paying for that and took quite some time and a number of people did come out, work on it for various site visits and then it finally got uh released and we're addressing all of those uh issues that were addressed by it and that's part of the the the secret uh mitigation package that we've we've developed.

B

So unfortunately, uh looking back, it was an exceedingly long time and uh you know we were uh we're glad that you folk are here on an evening hearing this, so we can at least make the case now. And if you want more information, I can make sure that jion has that.

H

Yeah, no! No thanks for the answer analytics. You know it explains why it took long. So um I just wanted to see you know if anything changed right.

B

You know no it it it's just to address that nothing.

B

We only changed the soldier, pile height design, but the path did not change nor the uh construction, and we did there was there were some color issues on some uh railings that changed, but not significant um to the um the path and maintenance maintenance of all the trees um stayed the same.

H

Okay, so this question is for the staff right, so um I know this is a private. You know access road thing that we are approving, so given the the slope- and you know the steepness and all that- are there any liabilities for the city in any form or shape in future. By approving this.

D

um I would probably defer on the liability issue to our city attorney. However, this is a private. um You know street we, you know there is no access allowed for any member of the public on this particular maintenance path. I also understand that there is indemnification to the city that we um for this project, but I will let michael answer that question.

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uh Thank you pew. No, I I think pew answered it appropriately.

H

Okay, I just want to make sure that you know we're not approving something that will come back and bite us later on as a liability should something happen on that private road? um You know some vehicle or whatever another trips over or something happens. You know unfortunate.

H

I don't want that to be a issue for the city right. So that's that's introduced my question so uh the last one can I share my screen. I just I have some questions for you know some clarifications for the property owner, so I'm going to share the google map.

H

Could you guys this? Yes yeah yeah, we do yeah, okay, I don't know what you're saying, because now I just see no tiles in some other window. Okay, so I presume you know this grey house here is your property right? That's your residence! Yes yeah, and- and this is the the two two one- seven four zero is your neighbor that sent a supporting email. I guess right, yes, okay, that's good!

H

So I'm trying this winery on the back side is that yours too yes, okay, okay and- and what about this small shed you know here- uh is that yours too, yes, okay, okay, and so previously you are accessing this going through this house in the reginard road. Is that right, correct, correct? Okay? Okay, so that's the only access, and what about know this, the this or something you know here on the top is that yours.

K

Yeah yeah, it's just a deck.

H

It's a deck okay, so.

B

That the shed that I was referring to in the middle is kind of just uh below that deck hidden by some trees. Okay, okay,.

H

Yeah so you're trying to create an access road from your home. All the way to through this trees, to the deck and come to this winery is that right.

B

um Well, almost, I would just add the clarification from our driveway right by our house. Yeah.

H

B

Down to uh that shed that's under that's across from the deck and then we'll take the dirt.

K

There's an existing dirt path that you can see that goes above the deck, we'll just use that the rest of the way down and.

B

Then the full length of the property extends out of this picture, another 100 uh 250 feet or so that full bottom is it's.

K

The only flat area and.

B

It is many trees and um yes, a lot coastal live oak, but also a lot of eucalyptus, trees and some very old trees and some big bays and every year we we do get quite a bit of branches, falling, etc.

K

Occasional trees and without an a vehicle road, we can't clear it.

H

K

That's what I.

H

Read from your neighbor's comments, so so this gives you access for you to get through to your access all of your property, all the way to the back. You know the winery, and then you don't have to use the pad that you are using from bridge, not a road through that neighbor right. That's! Correct! Okay! Okay, thank you! I'm going to stop sharing yeah.

H

Yeah back to you, stephen.

C

Okay um ray you had your hand up, but now it's down, so I guess you're.

L

Yeah questions were answered for me.

C

Okay, so and sanji, do you have more questions your hand is.

G

Yeah, just one one more question, since somebody asked about the liability part, so it cropped up in my mind. So um during the what do you think during the so soil erosion report is part of the sequel approval?

G

uh I am concerned about the the peace that you are facing a ragnarok road and uh during this rainy or stormy season, uh if there is a soil erosion happens, because you are inserting uh perforated uh walls inside the ground which will basically disturb the somewhat. I don't know how the so, it's not my expertise, but I would like to know whether sikhwa approved your soil division.

E

uh John marked here, uh yes, I mean this. His reports were peer, reviewed and further will be further peer, reviewed by public works staff. To ensure that you know the that this project is engineered to reduce the any type of soil, erosion and whatnot.

G

So if there is a any uh soil outflow on the ragnar's feet, whose liability is that.

E

From from the hit from this new road.

G

Yeah I mean this is a slope right.

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H

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Right below that.

E

So, yes, I mean, I'm sorry, go.

C

Ahead, only one person at a time please yeah.

E

Let me just share my screen, really quick. I mean the likelihood of.

E

I don't think there was any comment from our peer reviewer or their engineer about any issues with with soil erosion. I mean you have the area right here and it's just very flat, and then you have ragnar creek right there, and then you have rednard road on the other side of that, so actually going on to ragnar road. Would I don't think that would be anticipated being an issue at all and further this is you know this is going to be something that not just the city reviewing as well, I mean we've gotten, you know.

E

State and federal agencies such as the army corps of engineers and um fish and game are have also have reviewed as well and pretty much given their thumbs up on the project too, and that's part of their sequel mitigation measures as well.

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C

Pretty much have given approval. What does that mean.

E

That they they've never reviewed it, and I know the fishing game has got a mitigation plan that they're working with the applicants on and prior to us issuing any type of permits um for grading. We would have to see those plans see those those uh clearances from those federal state agencies.

C

Okay, oh sanjeev, I kind of interrupted you to you. Yeah.

G

Yeah, so I I just want to make one point clear: that is a soil erosion is part of the sequa. It's yes, okay! Yes, thank you! That's all! I have.

C

Okay, you can stop sharing now uh the screen. If you wish. Okay, I don't see any other hands raised by panelists. So if there's nothing else, um we can have a motion.

L

Awesome I'd like a motion too: okay.

H

I I have a quick question so we'll so so I presume you know this property because of the regional creek in between this property on the regional road. This never touches another raised dock road. Is that a fair assumption, correct.

K

That's correct: we own to the middle of the creek. Okay.

B

Property line is the middle of the creek okay. Thank you.

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L

Oh um I'd like to make a motion sure or is it.

C

Okay, yes, no, please go ahead.

L

I make a motion to prove a mitigated: navigator declaration, ea 2022-01 attachment one and approve the hillside exception, exc2019-003 attachment too.

C

Okay, let's have a vote. Please.

C

F

Motion carries four zero one.

C

Great congratulations to the applicants. It's been a long long, road, no pun intended. Thank.

H

H

So thanks for working with the city, I know it's a long road, but uh we want to do it right. Thank you.

K

B

And um and second shout out shout out, uh this is a special day nasa released the james webb space, telescope images and it's very special to me. I was the near cam program, manager and chief engineer, and that too was a long long project getting that instrument into space. So if you like space both on.

K

The same day, yeah.

B

Same day, so thank.

C

You again, thank you, okay, very good. um I don't see any old business or any new business. Do we have any staffing commission reports? Would anyone like to speak.

D

um Sir, if I may oh.

C

Sure I'm sorry.

D

No worries um so the thank you for getting this housing element sites across the finish line to the planning, commission and the housing commission. That item will be going to city council uh some point soon and I will let the commission know what date it will go to to the council in the event that anybody wishes to attend. That meeting.

D

That's the only report I have on that.

C

Oh okay, very good, and if you know if the council wanted to have a joint meeting, that would be fine too. I know the mayor has mentioned that on occasion, okay, anyone else have any reports attended any meetings or events.

C

Okay, seeing none how about future agenda setting? Does anyone have anything they would like to see put on a future agenda? Go ahead, mr wong.

L

I am really uh upset that we still have done nothing about these cell phone towers and I want us getting a status update from staff about what the heck is going on there. That is a simple measure um we have. We have plans, we have you know uh our our current uh city attorney has done that before we've got ways to do architectural review and architectural.

L

You know rules for different types of uh areas, we're not talking about radiation, we're not talking about any other areas. As a planning commission, we should be able to do that fairly quickly. This is something that was asked six months ago and residents are starting to ask again, and so I am very upset that we have not done a thing about this or have gotten a status update and that we have to continue to prod and ask for that. So I like this on the agenda.

C

Okay, um yeah, I would. uh I would also like to see this on the agenda. um I don't know you know, can someone from staff tell us um what the status is and why this has um been taking so long when they would be ready to have it on an agenda?

C

I

Chair, I may um sure: well, I don't know the status. I do believe that it is on. uh It was adopted and part of this year's council work plan uh and, of course, there's many things on there. And then this is a function of of council priorities and and uh staff abilities to turn to this. But um it is on the work plan and so.

D

If I may also, um sir, this is on the public works's work program, and so it is not some any um it's not a product that the planning department can direct and so to that extent um you know will have to see whether they have any product that they can present to the planning commission. But when that product is ready, I'm sure they will be charting a path to bring it forward for adoption to the council and possibly with presentations to the planning commission.

L

My only comment is public works, has no oversight body and we're the closest thing to that oversight body, but I will take this up with the city council then. Thank you.

C

Oh no, commissioner wong, I know in other cities it is the planning commission that is, you know heavily.

L

C

With the okay, thank you.

L

I do too that's what I'm bringing.

C

Okay, yes, we need to bring it up with the city council then, uh and you know who is attending who's scheduled for the mayor's meeting tomorrow.

L

I'm scheduled, I probably cannot make it some more flight and hoping someone else can yeah.

H

I I was typing up a response, so if no one ready to attend, I can if the meeting doesn't go beyond six o'clock.

C

Yeah I have the I have the same six o'clock event. I think um yeah, I yeah, why don't you attend mooney and these usually don't go more than an hour, so they're pretty on time, yeah and yeah, and you can ask to go first. If um you can ask the mayor to go first, since you have another commitment.

H

Okay yeah, so I can. I can go tomorrow and uh hopefully I can get her by six.

C

Okay, very good, okay, anybody else with um agenda items for the future, seeing no one we will wow we're going to adjourn at 7 24.. That's that's so early! Okay, all right! Well! Thank you! Everyone and I'm glad we had a nice quick meeting and have a good evening good night.

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