prominent
ridgeline
3. Impractible
Clause
If (1) and (2) above are not practicable, alternatives
may be considered through the exception process,
provided that no discretionary exemption process is
allowed for projects seeking approval under
Government Code Section 65852.21.
I. Development
on Slopes of ≥
30%
a. Hillside Exception required for all grading,
structures and other development > 500 square feet,
except that on lots developed or created pursuant
to Government Code Sections 64411.7 and
65852.21, grading, building pads for structures and
other development is limited to a maximum of 500
square feet. for each lot.
b. If the lots developed or created pursuant to
Government Code Sections 64411.7 and 65852.21
have no areas with slopes less than 30% that can
accommodate up to two units of 800 square fooeet
each, grading andfor building pads for structures
is limited to 800 square feet. No other
development shall be permitted on such lots (e.g.
development for flat yard area).), unless required
by the City Engineer.
J. Trail Linkages
and Lots
Adjoining
Public Open
Spaces Site
Plan
1. a. Site plan must identify trail linkages as shown in the General Plan Trail Plan, on and adjacent to the
site.
2. b. If a trail linkage is identified across a property being developed, development shall not take place
within that area unless approved through the
exception process, except that on lots developed
or created pursuant to Government Code Sections
64411.7 and 65852.21, no development may occur
in an area where a trail linkage is identified on
the property.
3. c. For lots adjoining Public Open Spaces,
driveways and buildings shall be located as far as
feasible from the Public Open Space and designed
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in a manner to minimize impacts on the Public
Open Space., except that on lots developed or
created pursuant to Government Code Sections
64411.7 and 65852.21, no development may occur
within 50 feet of a Public Open Space unless
doing so would preclude the development of up
to two units of 800 square feet each
K. Views and
Privacy
It is not the responsibility of City Government to
ensure the privacy protection of the building permit
applicant or owners of surrounding properties that
may be affected by the structure under construction.
However, the Director of Community Development
may confer with the building permit applicant to
discuss alternate means of preventing privacy
intrusion and preserving views except that for lots
developed or created pursuant to Government
Code Sections 64411.7 and 65852.21, privacy
protection planting, as required pursuant to
Section 19.28.120, is required for views from the
second story into adjoining side or rear yards.
Windows or other openings in the wall with a side
yard setback less than 15 feet or a rear yard setback
less than 25 feet shall have a minimum windowsill
height of five feet one inch, or shall have obscure
glass and be inoperable with a fixed pane(s).
12. Amend Section 19.40.060 of the Cupertino Municipal Code to read as follows:
For clarity
and
consistency
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Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)
1. Maximum
Allowable
Development
a. Except as otherwise provided herein, a ministerially approved housing development project approved pursuant to this Section shall not exceed 800 square feet per unit. b. Notwithstanding Paragraph (a), a ministerially approved housing development approved pursuant to this Section may have a floor area as calculated in subsection (c) below, if it complies with the requirements of this Section; provided, however, that if the housing development is on a parcel created by a ministerial lot split under Chapter 18.20.170, the maximum allowable floor area for the original lot shall be allocated to each resulting lot equal to the proportionate size of each resulting lot to the original lot. However, under no circumstances shall the size of ministerially approved units exceed 2,000 square feet of living space. c. For projects not subject to ministerial approval under Paragraph (a) or (b), maximum allowable development shall be the lesser of:
a. i. 6,500 square feet; or
b. ii. 4,500 square feet plus 59.59 square feet for every 1,000 square feet over 10,000 square of net lot area, times the slope adjustment factor pursuant to Section 19.40.060(A)(2)*
*Formula = (4,500 +
Net Lot Area ‐ 10000
1000 (59.59)) x (Slope Adjustment Factor)
2. Slope
Adjustment
Factor based
on Average
Slope of Net
Lot Area
Avg.
Slope
Reduction (1.5 x
(Average Slope – 0.1))
a. Average
Slope ≤ 10%
No reduction in allowable floor area
Slope Adjustment Factor = 1 ≤ 10% 0%
b. Average
Slope
between 10%
and 30%
A reduction in allowable floor area by
one and one‐half percent (1.5%) for each
percent of slope over 10 percent.
Slope Adjustment Factor = (1 – (1.5 x
(Average slope of net lot area – 0.1))
11% 1.5%
12% 3%
13% 4.5%
14% 6%
15% 7.5%
16% 9%
17% 10.5%
18% 12%
19% 13.5%
20% 15%
21% 16.5%
22% 18%
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23% 19.5%
24% 21%
25% 22.5%
26% 24%
27% 25.5%
28% 27%
29% 28.5%
c. Average
Slope ≥ 30%
Allowable floor area shall be reduced
by a constant 30 percent
Slope Adjustment Factor = (1 – 0.3)
≥ 30% 30%
3. Additional Regulations for Lots Within Clustered Subdivisions where Land is Reserved for Common Open Space
a. Lot Area for calculating FAR May count a proportionate share of the reserved private open space to arrive at lot area for purposes of calculating FAR.
b. Maximum FAR prior to
slope consideration
No developable lot in a cluster development can exceed forty‐five‐ percent floor area ratio, prior to applying the slope adjustment factor, when a portion of the private open space is attributed to the lot area for calculating FAR
c. Average slope of lot Calculated on the developable lot only.
B. Height of Buildings and
Structures Limited to 30 feet
C. Setbacks
First Floor Second
Floor
Habitable Third Floor (or
portions of structures
taller than 20 feet)
1. Front‐yard
a. Slope ≤ 20% 20 feet Driveway and
garage must be
designed to
enable vehicles
to park off‐
street
25 feet 25 feet
b. Slope > 20% 10 feet 25 feet 25 feet
2. Side‐yard
a. Interior Side 10 feet 15 feet 20 feet
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b. Street Side on Corner Lot 15 feet 15 feet 20 feet
c. Lots developed pursuant to
Government Code Section
65852.21
4 feet 4 feet 4 feet
3. Rear‐yard 20 feet 25 feet 25 feet
a. Lots developed pursuant to
Government Code Section
65852.21
4 feet 4 feet 4 feet
D. Second Story Decks and Patios Minimum Setbacks
First Floor Second
Floor
Habitable Third Floor (or
portions of structures
taller than 20 feet)
1. Front Yard ‐ 17 feet 17 feet
2. Side Yard ‐ 15 feet 15 feet
3. Rear Yard ‐ 20 feet 20 feet
4. Lots developed pursuant to
Government Code Section
65852.21
Not allowed.
E. Downhill Facing Elevation
1. Second Story Downhill Facing Wall Plane Offset
a. Offset from First Floor
Downhill Wall Plane
i. Average of 7 feet 6 inches for 75% of the second story downhill facing wall plane shall be setback and
ii. Not less than a five feet setbackoffset.
iii. The remaining 25% may not extend past (cantilever over) the first story wall plane.
b. Multiple Downhill Facing
Wall Planes Offset shall apply only the primary setback affected. c. Offset from First Floor
Roofed Porches
i. Offset may be measured from the outside perimeter of first‐story roofed porches.
ii. Roof of the porch must match, in pitch and style, the roof of the main structure.
iii. Porch must be at least 5 feet in width and extend the length of the wall on which it is located to be a qualifying offset feature.
PC Balcony
restriction
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2. Maximum Exposed Wall
Height on Downhill Elevation 15 feet
3. Maximum Height of
Retaining Walls Facing
Downhill
a. For ministerial projects, the maximum height of retaining walls facing downhill slopes shall be five feet, unless placed behind a dwelling unit or other similar structure and shall not be visible from the public right of way, prominent intersections listed in Section 19.40.050(F)(1), nor face an adjacent property. In all cases, retaining walls shall be screened with landscaping.
b. For discretionary projects, the maximum height of retaining walls facing downhill slopes may be variable but every effort shall be made to stagger retaining walls to maintain heights at five feet or less. Retaining walls shall be screened with landscaping. Retaining walls taller than five feet visible from the public right of way, prominent intersections listed in Section 19.40.050(F)(1), or to adjacent properties shall additionally be faced with architectural materials such as stucco, stone, etc.
F. Permitted Yard Encroachments
1. Extension of a Legal Non‐
conforming Wall Plane for
structures not located within a
prominent ridgeline site line
a. Where a building legally constructed according to existing first floor yard and setback regulations at the time of construction encroaches upon present required first floor setbacks, one encroaching side of the existing structure may be extended along existing building lines.
b. Only one such extension shall be permitted for the life of the building.
c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed. I.e., a non‐conforming setback may not be further reduced.
e. In no case shall any wall plane of a first‐story addition be placed closer than three feet to any property line.
f. Shall not apply to properties developed or created pursuant to Government Code Section 65852.21 and 64411.7.
Above standard added for consistency with
existing retaining wall requirements
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2. Architectural Features
a. May extend into a required yard a distance not exceeding three feet.
b. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line.
c. Second story decks or balconies may not further encroach into a required setback than allowed in Subsection D.
G. Accessory Structures
(including attached patio covers)
a. As allowed by Chapter 19.100, Accessory Buildings/Structures b. Lots created and developed with unit(s)two units pursuant to Government Code Sections 64411.7 and 65852.21 may not
develop an Accessory Dwelling Unit or Junior Accessory
Dwelling Unit.
c. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating, and ventilation equipment shall be ground‐mounted and screened from public view or underground, and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code
H. Design Standards
1. Building and Roof Forms
a. Natural Contours Building shall follow as closely as possible the primary natural contour of the lot.
b. Building Mass and Roof
Pitches
The main building mass shall be on the upslope side of the building and the roof pitches shall trend downslope.
c. Second Story Dormers Permitted within the second story setbacks as long as they are minor in shape and size.
d. Downhill Elevation of main
structure
Shall have a minimum of four offset building and roof elements to provide varied building forms to produce shadow patterns which reduce the impact of visual mass.
e. High Wall Planes
Wall planes exceeding one story or 20 feet in height, whichever is more restrictive, shall contain architectural elements in order to provide relief and to break up expansive wall planes.
2. Colors
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a. Natural Earth Tones
All structures on the lot shall use natural earth tone and/or vegetation colors which complement the natural surroundings. Natural earth‐ tone and vegetation colors include natural hues of brown, green and shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface
3. Outdoor Lighting All outdoor lighting shall meet the requirements in Chapter 19.102.
4. Garages
All projects shall strive to attain, except that projects pursuant to Government Code Section 65852.21 shall attain, the following standards:
a. No more than 50% of the façade visible from the right of way shall comprise the garage.
b. A two car garage face shall not exceed 24 feet and a one car garage face shall not exceed 12 feet.
c. Garages visible from the right of way shall be setback a minimum of two feet from the livable areas of the home except if only the garage and/or the entrance to the home, and no other livable portions of the home, are accessible from the street level. d. Third car spaces shall be provided in tandem or shall be provided in a detached accessory structure.
5. Entry Features
All projects shall strive to attain, except that projects pursuant to Government Code Section 65852.21 shall attain, the following standards:
a. Only one entry feature shall be permitted per structure and only one entry feature shall be visible from the public street. b. Duplexes shall have entrances to each unit on different frontages.
c. Entry features shall be limited to 14 feet in height from the natural grade to the top of wall plate.
6. Uncovered/exterior staircases Not allowed.
I. Geologic and Soils Reports
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1. Applicability
A geological report prepared by a certified engineering geologist and a soils report prepared by a registered civil engineer qualified in soils mechanics by the State shall be submitted prior to issuance of permits for construction of any building or structure which:
a. Is located on property in an RHS zoning district which has been designated by the General Plan to be within a geological hazard area; and
b. Where an addition, alteration or repair of an existing building or structure include at least one of the following:
i. The improvements include increasing the occupancy capacity of the dwelling such as adding a bedroom or secondary
Accessory Dwelling unit, or
ii. The cost of the completed addition, alteration or repairs will, during any period of twelve months, exceed twenty‐five
percent of the value of the existing improvements as
determined by the building Building official Official based on current per foot value of the proposed structure to the existing structureʹs value on a parcel of property. For the purposes of this section, the value of existing improvements shall be deemed to be the estimated cost to rebuild the improvements in kind, which value shall be determined by the building Building officialOfficial.
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2. Content of Reports
These reports shall contain, in addition to the requirements of Chapter 16.12 of this code, the following:
a. All pertinent data, interpretations and evaluations, based upon the most current professionally recognized soils and geologic data;
b. The significance of the interpretations and evaluations with respect to the actual development or implementation of the intended land use through identification of any significant geologic problems, critically expansive soils or other unstable soil conditions which if not corrected may lead to structural damage or aggravation of these geologic problems both on‐and off‐site; c. Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damages to the proposed project and adjacent properties or to otherwise insure safe development of the property;
d. Recommendations for additional investigations that should be made to insure safe development of the property;
e. Any other information deemed appropriate by the City Engineer.
3. Incorporation of
Recommendations
All building and site plans shall incorporate the above‐described corrective measures and must be approved by the City Engineer, upon a third‐party peer review of the reports provided, at the applicant’s cost, prior to building permit issuance.
J. Private Roads and Driveways
1. Pavement Width and Design
The pavement width and design for a private road or common driveway serving two to five lots and a single‐lot driveway shall comply with development standards contained in the Hillside Subdivision Ordinance, Chapter 18.52 of this code.
2. Reciprocal Ingress/Egress
Easement and Reciprocal
Maintenance Agreement
The property owner for a lot served by a private road or common driveway shall, prior to issuance of building permits, record an appropriate deed restriction guaranteeing the following, to adjoining property owners who utilize the private road or common driveway for the primary access to their lot(s):
a. Reciprocal ingress/egress easement, and
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K. Solar Design
The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of an Administrative Conditional Use Permit subject to Chapter 19.12, except that lots developed pursuant to Government Code Section 65852.21 shall not be eligible for such a discretionary permit.
L. Off‐street Improvements
For lots developed pursuant to Government Code Section 65852.21, upon development of the lot, appropriate public right of way dedications shall be made to accommodate the predominant width of the street and street improvements shall be installed to the Public Works Departments standards.
M. Short Term Rentals
Prohibited.
No residential unit created pursuant to Government Code Section 65852.21 may be rented for a term of 30 days or less.
13. Add a new Section 19.40.090 of the Cupertino Municipal Code to read as follows:
19.40.090 Ministerial Approval of Up to Two Units.
A. Miscellaneous Ministerial Permit Required. The Director of Community Development shall ministerially approve up to two residential units on a parcel in an RHS residential hillside zoning district if the proposed housing development meets the requirements of Government Code Section 65852.21 and complies with all applicable objective zoning standards, objective subdivision standards, and objective design review standards.
B. The Director of Community Development shall impose all objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, General Plan, any applicable specific plan, and other objective land use specifications that do not conflict with the requirements of Government Code Section 65852.21, including but not limited to the standards for ministerial development projects in Section 19.40.050 and 19.40.060. 504
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C. Notwithstanding Paragraph A, the Director of Community Development may deny a housing development project proposed under this Section if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
D. Application and Fees. An application on a form made available by the City shall be completed by the applicant. The form shall be accompanied by a fee that the City Council may adopt by resolution to sufficiently recover the cost of administering the requirements of this section. The application shall be accompanied by all technical reports, plans and information required to make a determination on the proposed project.
E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the standards for ministerial development projects in Section 19.40.050 and 19.40.060 and the following:
1. Basements Not allowed.
2. Balconies,
decks or other
similar
structures
Not allowed.
3. Design
Standards
a. Windows and doors shall either:
i. Have a minimum three‐and‐one half inch
in width by three‐quarter inch in depth
trim when protruding from the wall or
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ii. Be inset a minimum of three inches from
the exterior finish of the structure. If
recessed, the primary siding material
shall cover the recessed edge faces and
wrap toward the interior face of the
window glazing or door by not less than
two‐inch depth.
b. All garage doors shall be recessed a minimum
of six (6) inches from the surrounding
building wall and shall include trim of at least
one and a half (1.5) inches in depth.
c. Roof overhangs or building eaves shall be a
minimum of 12 inches in width.
d. Detached structures on a lot must use the
same architectural style and materials.
e. Where the garage faces the side yard, but is
visible from the street, the garage shall
incorporate a window on the street front
facade so that it appears to be a habitable
portion of the house. The window style must
be the same as the windows on the habitable
dwelling unit(s).
f. Garage doors for no more than two car spaces
shall be visible from the public right of way.
g. The elevation facing a street shall incorporate
at least four architectural features, such as bay
windows or an entry feature, and/or elements
of architectural interest, such as wall insets or
offsets, planters, railings, trellises, a
combination of roofing elements (e.g. hip and
gable roofs), dormers, change in architectural
materials, quoins, accent tiles, or an accent
window inset greater than six inches.
Windowsills, door or window trim, and
roofing materials do not count as one of the
features.
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h. Gable ends and dutch gable ends taller than
thirty inches shall include at least one element
of architectural interest such as:
a wall offset with corbels, brackets or
change in materials;
louvered wood or metal vents;
clay or terracotta tile vents;
accent tile decoration;
medallion decoration;
metal grille;
a change in architectural materials;
incorporation of corbels;
decorative gable pediments;
eyebrow trellises or pergola structurally
attached to the building or
windows/glazing.
i. Stone veneer or accent materials used as a
wainscot on a street facing façade shall be
wrapped around to the side façade and end at a
logical terminus, such as a fence line or a
chimney.
j. Stone veneer or any other siding material
wrapped on columns shall terminate at the
floor.
4. Private Open
Space
Each unit must provide at least 15% of the unit
floor area as private open space on the first floor,
with no dimension less than 10 feet.
5. Refuse,
recycling and
other containers
a. A minimum 8 foot by 3 foot space per unit, not
visible from the street, shall be provided in an
interior yard behind a fence.
b. This area shall not be concurrent with any
emergency access pathway required by the
Fire Department.
6. Parking a. Units shall have at least one off‐street parking space, except that parking requirements shall
not be imposed in either of the following
instances:
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i. The parcel is located within one‐half mile
walking distance of either a high‐quality
transit corridor, as defined in Public
Resources Code Section 21155(b) Code, or
of a major transit stop, as defined in Public
Resources Code Section 21064.3.
ii. There is a car share vehicle located within
one block of the parcel.
b. Parking space(s) shall be provided in an
enclosed garage encompassing 10’ by 20’
space for each space. , unobstructed (i.e., by
walls, appliances, etc.) between six inches
from finished floor up to six feet from
finished floor.
c. When additional enclosed parking space(s)
is/are provided, the space(s) shall meet the
requirements of Chapter 19.124.
F. This Section shall remain in effect until such time as Government Code Section 65852.21 is repealed or superseded or its requirements for ministerial approval of housing development projects are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void.
G. Any dwelling unit approved pursuant to this Section shall be ineligible for conversion to a condominium, community apartment, or stock cooperative project. Any application for a tentative subdivision map or tentative parcel map for a residential condominium conversion of a unit created pursuant to this Section shall be denied by the Department of Community Development.
14. Add a new Section 19.112.060 of the Cupertino Municipal Code to read as follows:
19.112.060 Accessory Dwelling Units Prohibited on Certain Lots.
For clarity
and
consistency
with existing
requirements
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Notwithstanding Government Code Section 65852.2 or 65852.22 or any provision of this Chapter, no accessory dwelling unit or a junior accessory dwelling unit shall be permitted on any lot in single‐family residence district (R‐1 or RHS) if aan urban lot split has been approved pursuant to Section 18.12.70 and one or more residential units hasunit(s) have been approved for construction pursuant to Section 19.28.150 or 19.40.090 (Government Code Section 65852.21).
Section 4. Development standards and other provisions to implement the provisions of Senate Bill 9 allowing for ministerial approval of housing development projects and lot splits in single family residential districts are necessary to protect public health, safety, and welfare of residents of the City of Cupertino. The City Council therefore finds that an interim ordinance adopted pursuant to Government Code Section 65858 is necessary prevent a current and imminent threat to the public, health, safety, and welfare.
Section 5. If any portion of this Ordinance or its application is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section 6. Under Government Code Sections 66411.7(n) and 65852.21(j), an ordinance adopted to implement the requirements of Senate Bill 9 shall not be considered a project under the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq. Public Resources Code. The Ordinance is therefore exempt from CEQA.
Section 7. This ordinance is adopted pursuant to Government Code Section 65858 and shall take effect on January 1, 2022.
ENACATEDIntroduced and adopted on this 21st day of December, 2021, at a Regular Meeting of the City Council of the City of Cupertino by the following roll call vote:
For clarity
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Vote Members of the City Council
AYES: Paul, Chao, Moore, Willey
NOES: Wei
ABSENT: None
ABSTAIN: None
ABSENT:
ATTEST:
SIGNED:
________
_/s/Darcy Paul_______________________
Darcy Paul, Mayor
City of Cupertino
________________________
__ _____ ____________________
Date
ATTEST:
________________________
_/s/Kirsten Squarcia________ __________
Kirsten Squarcia, City Clerk
________________________
_____________________________
Date
APPROVED AS TO FORM:
_/s/Christopher D. Jensen______________
Christopher D. Jensen, City Attorney
_____________________________
Date
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1 Emi Sugiyama
From: Nagesh Vempaty <[email protected]>
Sent: Thursday, October 13, 2022 12:28 PM
To: City of Cupertino Planning Commission; City Council Cc: Nagesh Vempaty; mohamed genidy; Emi Sugiyama
Subject: Please remove or change the grade restrictions in City of Cupertino's SB-9 Ordinance CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Honorable Members of the City of Cupertino Planning Committee and the City Council, I attended the City Planning Committee Meeting on SB‐9 on Oct 11, 2022 via Zoom and spoke during the SB‐9 session.
I want to bring your attention to the Grade Change Limitation for SB‐9 urban lot splits in the City of Cupertino.
The City Planning Department Proposed changes in the Grading section of the Ordinance copied below this email.
Briefly, The City Planning Department proposed in the draft ordinance to ' allow a 12” grade change on lots with slopes between 0 – 5%, 24” grade change on lots with slopes between 6 – 10% and require a peer reviewed grading and drainage plan to confirm that grading on all slopes exceeding 10% is limited to the minimum extent necessary to accommodate on‐site parking and living space.'
THIS WAS REJECTED IN THE MEETING IN FAVOR OF ALLOWING UPTO A MAXIMUM OF 12" GRADE CHANGE IN ALL SITUATIONS.
This will not work especially in RHS lots with a hill slope. The argument made was to reduce the impact to hills. I want to bring your attention to the fact that
there is already an onerous restriction of 2500 cubic yards of cut and fill permitted in the unsplit lot, which now applies to the combined cut and fill of 2500 cubic yards
for the resulting two lots after a lot split. This is already very restrictive when two homes are to be built with a total limit of 2500 cubic yards of cut and fill.
There is no need to make an additional restriction of a maximum of one foot on the grading allowed, as this restriction already protects the hills from excessive grading.
The current restriction of 6 six inches on grading was shown to be inadequate for a lot with 5% slope and a 20 foot deep garage.
The proposed change to the restriction of 12 inches on grading will be inadequate on lots with even a 6% slope.
For example, to build a 20 ft deep garage on a 6% slope lot requires a 14.4 inch grade change. It is even higher on lots with steeper slopes.
The planning department correctly identified that one solution does not fit all and proposed a solution that scales to different situations,
at the same time minimizing the grade change.
The discussed notion of building on stilts/pillars to eliminate grade change does not work as this results in a driveway with a steeper slope and a crawl space of more than 4feet depth, both of which are not permitted. This is illustrated in the attached diagram. And we are only talking about a garage, not even the rest of the living space. The average dimensions for living spaces are 40ftx30ft for a two story house and even larger elsewhere. 511
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2 I recommend the City of Cupertino's Council and the Planning Committee to revisit this issue and change to the City Planning Department's proposal of
'allow a 12” grade change on lots with slopes between 0 – 5%, 24” grade change on lots with slopes between 6 – 10% and require a peer reviewed grading and drainage plan to confirm that grading on all slopes exceeding 10% is limited to the minimum extent necessary to accommodate on‐site parking and living space.' This accommodates more situations.
Adding 12” limit specifically on SB‐9 lot split while not applying it under regular zoning or even SB‐9 developments without lot split means it is NOT an objective measure and is inconsistent with existing ordinances. It appears it is used as a tool to disqualify lot splits under SB‐9 in R1/RHS zoning. The selective 12” limit appears to be tailored to circumvent SB‐9 and hence not consistent with state intent that SB‐9 applies to all R1/RHS zoning and rules should be objective and consistent with existing rules.
We currently own an RHS lot in Cupertino and our preliminary proposal for an SB‐9 lot split is blocked by this item in the City Ordinance. I am requesting the City's Planning Commission and the City Council to pay attention to these details and rectify these issues adequately in the upcoming revision in Dec 2022.
If we need a further discussion, please let me know when and where.
Thanks,
Nageshwara Rao Vempaty
Proposed section pages 93‐95 of 235 in PC 10‐11‐2022 City if Cupertino AGENDA Planning Commision Document.
This proposal is workable for most sites.
E. Site Grading
1. Maximum
Grading
Quantity
a. Cumulative total of 2,500 cubic yards, cut plus fill.
Includes: grading for building pad, yard areas,
driveway and all other areas requiring grading.
Excludes: basements
b. All cut and fill shall be rounded to contour with
natural contours and planted with landscaping
which meets the requirements in Section
19.40.050G
c. For each of the lots developed or created pursuant
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3 to Government Code Sections 64411.7 and
65852.21,a cumulative total of 1,250 cubic yards,
cut plus fill (including grading for building pad,
yard areas, driveway, all other areas requiring
grading, and basements), except if the original lot
that was subdivided has already performed prior
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Ordinan
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grading, then the amount of grading that has
previously occurred shall be reduced from the
maximum grading quantity allowed cumulatively
on the two resulting lots.
d. For each of the lots developed or created pursuant
to Government Code Sections 64411.7 and
65852.21, unless required by the City Engineer or
to meet Fire Code requirements, grading activity
on lots with an average slope of:
i. Less than five percent shall not result ina
change in grade elevation by more than 12‐
inches from existing natural grade.
ii. Between five and ten percent shall not
result ina change in grade elevation by
more tha
n 24‐inches from existing natural
grade.
iii. Ten percent or more shall result ina
change in elevation that is limited to the
minimum extent necessary to
accommodate on‐site parking and living
space, as demonstrated bya grading and
drainage plan prepared bya registered
civilengineer, subject to third
‐party peer
review, at the applicant’s cost.
In all cases, the following shall apply:
i. Change in grade elevation shall be limited
to the minimum extent necessary to ensure
adequate drainage and access as
demonstrated bya grading and drainage
planprepared bya registered civil
engineer.
ii. Split level designs shall be used to avoid
additional change in grade elevation.
iii. Unless otherwise required by the City
Engineer, spoils shall be balanced on site
and shall match the existing grading and
drainage pattern of the site.
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CITY OF CUPERTINO
Agenda Item
22-11591 Agenda Date: 11/1/2022
Agenda #: 16.
Subject: FY 22-23 City Work Program item: Student Internship Program Direct staff to:
1. Proceed with developing the Student Internship Program by incorporating criteria from the 2022 summer intern pilot program and the existing Volunteer Intern Policy (Attachment A); and
2. Approve the formation of a Council Subcommittee and appoint two Councilmembers to guide the final candidate selection process
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CITY COUNCIL STAFF REPORT
Meeting: November 1, 2022
Subject
FY 22-23 City Work Program item: Student Internship Program Recommended Actions
Direct staff to:
1. Proceed with developing the Student Internship Program by incorporating criteria from the 2022 summer intern pilot program and the existing Volunteer Intern Policy (Attachment A); and
2. Form a subcommittee to guide the final candidate selection process.
Discussion
The Student Internship Program is part of the FY 2022-2023 City Work Program. The project objective is to implement a trial student summer internship program with the City of Cupertino. Initial year will be on a limited basis. If approved, applications will be sought for one-, two- or three-week internships during the summer, with applications to be released in mid-July. Internships will be project-focused, with participating City departments asked to identify a specific project or projects that a student intern can undertake. The internships will have a common start date, and include an orientation, group activities and exit interviews. Alternatively, if the time and resources do not permit the City to run a trial program in the upcoming summer of the fiscal year (i.e., Summer 2022), Council may form a subcommittee to share practices for student internships, and to bring a report back to Council at the end of Summer 2022 with recommendations as part of the initiation of a student internship program in Summer 2023.
This item was proposed by the City Council to continue an ongoing internship program for students who wish to experience working in local government. The intent of the program is to provide a valuable, career-growing experience for students that reside in Cupertino that can also benefit the City by allowing interns to assist City departments with projects during the summer recess.
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Following the adoption of the FY 2022-2023 City Work Program, in July Mayor Paul spearheaded a pilot summer internship program. Four students were selected to assist with a variety of projects and public events.
The following highlights projects that were completed during summer of 2022:
Library Expansion follow-up: In July, the interns helped to prepare certificates and thank-you cards to supporters of the project.
Farmer’s Market Ribbon Cutting Ceremony: In August, two interns helped set up for the Ribbon Cutting to celebrate the new location of the Farmer’s Market. Augmented and Virtual Reality Hackathon: In August, an intern served as a Teaching Assistant for the workshop held at De Anza College.
Prior to the summer activities, Mayor Paul also worked closely with interns on the following projects:
Single-Use Plastics Mayor’s Cup Challenge Event: In May, the interns helped with community engagement and outreach for the event by circulating flyers on social media and by gathering volunteers for the day of the event. After the event, they created follow-up questions for the panelists in order to continue the conversation on plastic reduction. The follow-up questions and answers can be viewed at cupertino.org/mayorscupchallenge.
Angel Island excursion: In June, the Cupertino Historical Society scheduled an excursion to Angel Island in San Francisco as part of The City’s recognition of Immigrant Heritage Month. A group of residents visited the Immigration Station facility and museum and were led by the Executive Director of the Angel Island Immigration Station Foundation. All four interns attended the event and took photos, videos, and wrote articles about the experience, which can be found on the Cupertino Solidarity webpage here1. One intern also presented the success of the event to the Cupertino Historical Society and Museum’s Board meetings.
Another intern created a short video documentary of the event that can be viewed here2.
In addition to this pilot program Councilmembers have had interns in the past through the Volunteer Intern Process Policy (Attachment A). This policy became effective in November 2018 to provide guidance in the selection of unpaid volunteer interns. Since adoption, the City has had 12 volunteer interns that have worked with City Councilmembers and staff under this policy. This Volunteer Intern Policy is available year-round and allows for two interns per hiring manager, or a Councilmember, during the entire school year. This year, in addition to the four interns who participated in the pilot, there were four other interns brought under the Volunteer Intern Policy. Two were assigned to staff and two were assigned to another Councilmember.
1 https://www.cupertino.org/our-city/city-news/cupertino-solidarity 2 https://www.youtube.com/watch?v=crndxO3Y6NU
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To develop the FY22-23 City Work Program Internship Program, staff recommends augmenting the existing Volunteer Intern Policy and including the following criteria:
Eligibility limiting to 14-years or older high school students who are Cupertino residents
In addition to year-long program, a focused summer program can be held for a one-, two-, or three-week period each year.
Total summer program will be up to 60 hours maximum, averaging 20 hours per week.
The interns will report directly to the assigned Councilmember and can work with a City department on specifically identified intern projects. The application and selection process will follow the existing Volunteer Intern Policy and be published by March 1 each year.
City will work closely with Fremont Union High School District in advertising the opportunity.
In addition, staff recommends the Council to form a subcommittee to make recommendations on the selection criteria and be part of the selection process.
Sustainability Impact
No sustainability impact.
Fiscal Impact
This City Work Program item was allocated $15,000 to facilitate and advertise the Intern program. Since these volunteer interns are unpaid, these funds can be utilized towards hosting specific projects or events to support the program. _____________________________________
Prepared by: Astrid Robles, Acting Assistant to the City Manager Reviewed by: Kristina Alfaro, Director of Administrative Services Vanessa Guerra, Human Resources Manager
Approved for Submission by: Pamela Wu, City Manager
Attachment:
A – Volunteer Intern Process Policy
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Citywide Policy Manual
CITY OF Volunteer Intern Policy#
a Process Policy Attachments: ·
[list any attachments here] CUPERTINO
Effective Date: Responsible Department:
November 06, 2018 Administrative Services/Human Resources Related Policies & Notes:
[list any related policies, or notes here]
Purpose
To establish a policy for the selection and guidance of volunteer interns (non-paid) with the City.
Policy
Internships give students the opporhmity to gain valuable applied experience and make connections in professional fields they are considering for career paths; and give the City an opportunity to guide and evaluate talent as well as assist with City operations.
A volunteer internship may provide: a year-row1d resource of motivated pre-professionals; good candidates to support temporary, seasonal, or busy positions and projects; a method of identifying and training potential future employees; students that bring new ideas, skills, and points of view to old and new problems; an opportwuty for supervisory experience to current staff members; and increased diversity.
Volunteer internships may be established in any City department or division, or in support of City Councilmembers; however, there is a maximum of two interns per hiring manager ( or Councilmember) permitted at any given time.
Procedure
City departments and Councilmembers who are interested in providing volunteer internship opportunities should write a brief job description, including the typical duties and responsibilities of the position, desired number of hours per week, as well as the duration and location of the internship.
People who are interested in volunteering with the City as an intern, either with a City department or a City Cow1eilmember, must complete an appropriate application form.
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The "hiring" department, or in the case of City Cotmcilmembers, the Hwnan Resources Division, will maintain the intern's file and handle all pre-employment processes associated with having an intern, including:
• Sending intern to be fu1gerprinted.
• Receiving fingerprint clearance from Human Resources prior to starting work. • Providing intern with a copy of the Computer Policy and obtaining their signature, if the intern will require network and/or email access.
• Notifying IT for network access upon receipt of the signed computer policy. • Notifying Facilities if the intern needs a building key card. Interns shall be limited to access during regular business hours and only to the specific area where they are working.
• Retrieving building key cards and returning them to Facilities when the internship is completed.
Interns should be fingerprinted if they will be:
• Using a city computer and/or working in a staff area of a City facility • Handling cash
• Working with children
• Interns should be TB tested if working with children
Once an intern is selected, the "hiring" deparhnent, or Councilmember should familiarize the intern with the City and department and help him/her acclimate to their new work environment. Many students are unfamiliar with the activities, environment, and objectives of municipal government, so a brief orientation may be very helpful and educational. The sooner the intern understands what the City does and how it operates, the sooner he/she can assume their assigned responsibilities and become active and productive in their assigned role.
Prior to the start of the internship, the deparhnent or Councilmember should:
• Establish an agreed upon start date, end date, and work hours/schedule. • If the student is completing the internship for academic credit, provide assistance with granting credit as needed.
• Set up an organized workspace for the intern; set up phone, computer, email, and any other resources necessary for the intern to fulfill the responsibilities discussed. • Establish expectations regarding the organization's dress code. • Review employer expectations and job description; outline work expectations for the duration of the internship.
• Review and discuss the mission of the organization and how the intern fits into that role. • Review applicable City policies.
• Establish project timeframes and expectations on how to complete projects.
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After the internship period ends, the hiring department should:
• Complete the Department of Justice "No Longer Interested" form, sending a copy to Human Resources and the original to the Department of Justice (address and fax number on the form).
• Notify IT to terminate network access.
• Collect any City ID or key card that has been provided to the intern.
Date: _ /\J----'-O!U).. _...e..__......,, ~'-----------'---lo_____._ , _?.._;_o\'--""' ~- Revisions:
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CITY OF CUPERTINO
Agenda Item
22-11637 Agenda Date: 11/1/2022
Agenda #: 17.
Subject: Consider approval of formation of Council Subcommittee on the Legislative Aide interview process; selection of Councilmembers to serve on Subcommittee
1. Approve the formation of a Council Subcommittee to work with City staff on the Legislative Aide interview process; and
2. Appoint two Councilmembers to serve on the Legislative Aide Subcommittee; consider Councilmembers Moore and Wei for Subcommittee membership CITY OF CUPERTINO Page 1 of 1 Printed on 10/27/2022
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CITY COUNCIL STAFF REPORT
Meeting: November 1, 2022
Subject
Consider approval of formation of Council Subcommittee on the Legislative Aide interview process; selection of Councilmembers to serve on Subcommittee Recommended Action
1. Approve the formation of a Council Subcommittee to work with City staff on the Legislative Aide interview process; and
2. Appoint two Councilmembers to serve on the Legislative Aide Subcommittee; consider Councilmembers Moore and Wei for Subcommittee membership Description
On May 19, 2022, as part of the Initial Study Session on Fiscal Year (FY) 2022-23 Proposed Budget, Council directed staff to add a full-time legislative aide/government relations position to support the City Council on legislative matters and government relations.
On June 7, 2022, Council adopted Resolution No. 22-064 establishing an Operating Budget for FY 2022-23, which included changes to the FY 2022-23 Proposed Budget, approving a Legislative Aide (Management Analyst) position in Administration and appropriations of $183,365. This classification doesn't currently exist in the City's classification plan. It is costed at a Management Analyst level based on information received at the study session.
On October 18, 2022, Council expressed an interest in discussing the formation of a City Council Subcommittee to be comprised of two Councilmembers to work with City staff on the interview process of the Legislative Aide position.
Staff recommends that Council approve the formation of the Subcommittee and appoint two members to fill the Subcommittee seats.
Upon consultation with the Mayor, Staff recommends that Council consider the two Councilmembers who are in the middle of their current terms, Councilmembers Moore and Wei, for membership on the Subcommittee.
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2 Fiscal Impact
There is no fiscal impact.
Sustainability Impact
There is no sustainability impact.
_____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Approved for Submission by: Pamela Wu, City Manager
Attachments:
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