CC 06-02-2026
#8
Teleconferencing for
public meetings under
Senate Bill (SB) 707
Presentation
City Council
Senate Bill 707
Meeting Interruption Policy
Floy Andrews
Interim City Attorney
Senate Bill 707 (Brown Act Update)
Includes the new requirement
that Council adopt a Meeting
Disruption Policy
Recommended Action
Adopt Council Policy in open
session and not on the consent
calendar, as required by Senate
Bill 707, pertaining to:
Disruption of Telephonic or Internet
Services During Public Meetings
Executive Summary
- City Councils of cities with populations
30,000 or more
- Provide hybrid meetings through a two-way
phone or video platform to enhance public
participation
- Adopt a policy outlining the procedures for
recessing and reconvening meetings in the
event of a disruption
Disruptions
When a disruption occurs:
- Mayor must announce the disruption and
call a recess
- Staff must make efforts to restore the service
- Meeting must remain in recess for at least
one hour or until the service is restored
- During this time, the Council may meet in
closed session
If Service is Restored
The Mayor must immediately reconvene the
meeting and announce that the remote access
and public comment functionality has been
restored
The disruption and resolution must be
documented in the meeting minutes, including:
- start time of the disruption,
- steps taken to restore service, and
- duration of the interruption
If Service Cannot Be Restored
If after one hour, service cannot be restored,
Council must reconvene and either:
- Adjourn the meeting, or
- Continue the meeting after adopting via roll call
vote a finding such as:
“The city council has made good-faith efforts to restore internet service in accordance with its policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.”
Questions
CC - 6-02-2026
#14
Storm Drain Fees
Presentation
June 2, 2026
Renewal of Stormwater Parcel Fees
for FY26-27
• 2019 Clean Water and Storm Protection Fee
• More varied rates for land area and land use
• $45.75 for typical SFD, com. = $41.59/0.1 acre
• 1992 Storm Drainage Charge
• $12/single family parcel;
• $144/acre for com./apts./industrial parcels;
• $36/acre for unimproved parcel
Two Stormwater Fees support compliance with
Municipal Regional Permit and maintenance of
City storm drainage infrastructure
2 • Both fees appear on property tax bills:
3 Funded Activities
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Creek Cleanups
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• Cost-share of 20% available for low-income owners
• Re-certification period is every 4 years
• Our team has worked with I&T to create an
online form for that purpose available at
Cupertino.org/watercostshare
Cost-Share Program
7 • Fund 230: Operating the stormwater pollution
prevention program
• Fund 215: Revenue from development impact fees –
impacts to the storm drainage system
• Fund 210: Construction and maintenance of storm
drain facilities through CIP projects
Fund 230 vs Fund 215 and Fund 210
8 • Nonpoint Source Program expenses and revenues
were subjected to external audit during City’s usual
audit schedule.
• An Agreed-Upon Procedures (AUP) audit specific to
the Nonpoint Source stormwater program was
established and is conducted annually.
Audit and Review
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Fee Impact by Property Type
Property Type Fee Increase
Small (under 0.13 acre) $1.19
Medium (0.13 – 0.22 acre) $1.44
Large (0.23 – 0.40 acre) $1.80
Extra Large (over 0.40 acre) $3.46
Condominium – 1 story $1.19
Condominium – 2+ stories $0.39
Commercial/Retail/Industrial $1.31
Office $1.00
1. Adopt Resolution No. 26-XXX approving the
renewal and collection of the 1992 storm drain
fee with no increase in rates for fiscal year 2026-
2027; and
2. Adopt Resolution No. 26-XXX approving the
renewal and collection of the 2019 Clean
Water and Storm Protection Fee with a 3%
increase in rates for fiscal year 2026-2027.
Tonight’s Recommended Actions
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Questions?
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CC 06-02-2026
#15
SummerHill Homes - 10268
Bandley Drive
Presentation
10268 Bandley Drive
10268 Bandley Drive/Summerhill
Homes III
ASA-2025-016, TM-2025-008, & TR-2025-
033
Subject
● Consider a residential project with 27 three
story townhomes, including 5 affordable
units, with associated site improvements
and condominium map, to replace a
commercial office building on a 1.55-acre
site.
● Applicant: SummerHill Homes
Background
● 1.55-acre site
● 10268 Bandley Drive
● 20,000 square-feet
commercial-office
building with multiple
tenants
● Within the North De Anza
Special Area
● N. De Anza Conceptual Plan
Background
● SB330 application in July 2025.
● November 2025, Development
Application was submitted.
● Planned Development zoning
district, development must adhere
to Multifamily (R-3) zoning
regulations
Application Request
● 27-unit townhome project
● 5 BMR
● 3 M edian Income (100 -
120% AMI)
● 2 Moderate Income
(8
0-100% AMI)
● .4 units to be paid in-
l
ieu
● Resulting density is 17.41
DU/acre
● 4 three-story buildings ranging
from 2,120 – 2,822 square feet
● Qualifies for Density Bonus
Analysis – Density Bonus –
Waivers/Concessions
Waivers
● Front setback – Proposing 8-feet instead of required 20-feet. ● Rear Setback - Proposing 12.5-feet instead of required 34- feet.
● Landscape Planter Strip –None proposed around guest
parking.
● Landscape Setback and Area – Proposing 8-feet where an average 25-foot setback is required.
Concession
● Development of a 100% residential development where
North De Anza Special Area requires primary uses be
office/R&D with limited commercial and residential uses.
Design
Planning Commission 5/12/26
● Planning Commission recommended to
the Council regarding the proposed
project by a 4-1 vote (Rao voting no).
● Require applicant, as part of the project
CC&R’s, to provide disclosure to future
homeowners that the sites (properties)
around them are mixed-use residential,
industrial, commercial.
Environmental Review
● The applicant requested that the development be
reviewed in accordance with Assembly Bill (AB) 130,
signed into law on June 30, 2025, and codified in Public Resources Code (PRC) Section 21080.66. This law exempts qualifying infill housing development from CEQA review, creating a new statutory exemption.
● The proposed project meets the criteria for statutory exemption. Accordingly, this document finds that a
Notice of Exemption is appropriate for the proposed
project pursuant to CEQA Guidelines Section 15062.
● The project will be conditioned to comply with the
Environmental Standards adopted by the City pursuant to Chapter 17.04 of the Municipal Code.
Recommended Action
That the City Council:
1. Find the project exempt from the California Environmental Quality Act (CEQA) and
2. Approve the following permits:
a. Adopt Resolution No. 26-069, Architectural & Site
Approval Permit (ASA-2025-016)
b. Adopt Resolution No. 26-070, Tentative Final Map
(TM-2025-008)
c. Adopt Resolution No. 26-071, Tree Removal Permit
(TR-2025-033)
Next Step
The City Council’s decision will be final unless the Council reconsiders the matter pursuant to the procedures set forth in the Municipal Code. If the project is approved, the applicant may apply for building permits at that time.