ERC 04-15-2021 Searchable PacketCITY OF CUPERTINO
ENVIRONMENTAL REVIEW COMMITTEE
AGENDA
This will be a teleconference meeting with no physical location .
Thursday, April 15, 2021
9:30 AM
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 comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 5:00 p.m. on Wednesday, April 14th to the Committee at
planning@cupertino.org. These e-mail comments will be received by the Committee 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
Committee at planning@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 planning@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
comments as follows:
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 Committee, click on the link below to register in advance and access the
meeting:
Online
Page 1
Environmental Review Committee Agenda April 15, 2021
Please click the link below to join the webinar :
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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 .
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.
Page 2
Environmental Review Committee Agenda April 15, 2021
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Draft Minutes of January 21, 2021
Recommended Action: Approve or modify the draft minutes of January 21, 2021
Draft Minutes of January 21, 2021
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Committee on any matter
within the jurisdiction of the Committee 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
OLD BUSINESS
NEW BUSINESS
2.Subject: Election of Chair, Vice Chair and Secretary
Recommended Action: 1) Elect a Chair and Vice Chair of the Environmental Review
Committee
Chapter 2.84 Environmental Review Committee
3.Subject: A review of the scope of the Environmental Review Committee (ERC) in
Cupertino
Recommended Action: Review analysis of the scope of the ERC in Cupertino, provide
any input, and consider providing a recommendation to Council on the revision of the
scope of the ERC
Staff Report
A - Municipal Code Chapter 2.84 Environmental Review Committee
B - Environmental Review Process in Other Cities
ADJOURNMENT
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.
Page 3
Environmental Review Committee Agenda April 15, 2021
Any writings or documents provided to a majority of the members after publication of the agenda will
be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at
10300 Torre Avenue during normal business hours.
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 members 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
members on any other item not on the agenda, you may do so during the public comment .
Page 4
Community Development Department
Cupertino, CA 95014
(408) 777-3308
ACTION MINUTES OF MEETING OF THE ENVIRONMENTAL
REVIEW COMMITTEE HELD ON January 21, 2021
Committee Members: Kitty Moore, Chair
Chad Mosley, Vice Chair
Piu Ghosh
Dianne Thompson
Committee Members absent: Ben Fu
David Fung
Staff present: Jeff Tsumura, Associate Planner
Consultant Presenters: Nick Pappani, Vice President, Raney Planning &
Management, Inc.
APPROVAL OF MINUTES:
1. April 16, 2020
The minutes of the April 16, 2020 were approved as written
ORAL COMMUNICATIONS: None
(Reserved for persons wishing to address the Committee on issues that are not already
included in the regular Order of Business)
WRITTEN COMMUNICATIONS: None
PUBLIC HEARING:
2. Application No.(s): EA-2018-02, TM-2018-01
Applicant: Ray Chen (Lands of Qi)
Location: 11226 Bubb Rd APN #362-06-036
Consider a Mitigated negative Declaration to allow the subdivision of one (1) parcel into three (3)
parcels for single residential uses.
Recommendation: Conduct the public hearing and recommend that the Environmental Review
Committee consider the Mitigated Negative Declaration appropriate for the project.
Geologic/Soils
To remove any contaminated soil from the site, soil be will graded three feet from the
building foundations to a depth of 1 foot.
Trees/Landscaping
o No trees will be removed during the nesting season
Air Quality/Greenhouse Gas Emissions
o Standard mitigating measures will be in place during construction to reduce dust and
exhaust
Hazardous Materials
o The removed soil will be disposed in of in accordance with all local, State and Federal
requirements.
Utilities and Service Systems
o The lots are subject to the State’s C3 stormwater requirements, as such the lots will
need to retain bioretention basins in a Public Works easement
Traffic
o The traffic study indicates that the traffic increase in the area will not have a significant
impact
Archeological/Cultural
o There will be a Stop Work Order in the construction documents should any remains
or artifacts be discovered on site
Noise
o Standard mitigating measures will be in place during construction to reduce noise
o The noise study indicates that the overall noise generated from the project is less than
significant
RECOMMENDATION: That the ERC has determined that a Mitigated Negative Declaration is
appropriate for the project
MOTION: Committee Member Ghosh
SECOND: Committee Member Thompson
NOES: none
VOTE: 4-0-1 (Fung absent)
OLD BUSINESS: None
NEW BUSINESS: None
STAFF AND COMMITTEE REPORTS:
Chair Moore commented on how much she liked the format of the Initial Study.
FUTURE AGENDA SETTING: None
ADJOURNMENT
Respectfully submitted,
/s/Beth Ebben
Beth Ebben
Deputy Board Clerk
ENVIRONMENTAL REVIEW COMMITTEE STAFF REPORT
April 15, 2021
Subject
A review of the scope of the Environmental Review Committee (ERC) in Cupertino
Recommended Action
Review analysis of the scope of the ERC in Cupertino, provide any input, and consider
providing a recommendation to Council on the revision of the scope of the ERC
Background
The Environmental Review Committee (ERC) was codified in August 1990. During the
first year, the ERC members included one councilmember, one Planning Commissioner,
the City Manager, the Director of Public Works, and the Director of Community
Development, or their designated alternates. In 1991, the City Council adopted an
ordinance to revise the composition of the ERC to include an at-large, non-voting citizen
member that is appointed by the Chair.
The ERC’s primary function is to review public projects in accordance with the California
Environmental Quality Act (CEQA) to determine whether a project may or may not have
a significant effect on the environment by evaluating the preliminary analysis, also known
as the Initial Study. If the ERC determines that the project does not have a significant effect
on the environment, then the ERC recommends that the Council grant the project a
negative declaration, which would not require the project to conduct further
environmental review. If the ERC finds that a project may have a significant effect on the
environment, then the ERC will require the preparation of an Environmental Impact
Report (EIR). The City Manager and staff are responsible for coordinating the preparation
of the EIR including selecting the preparer and specifying the major areas of concern.
As part of the FY 2020-21 City Work Program, Council requested that staff review the
scope of the ERC and research best practices in other cities.
Discussion
The duties, powers, and responsibilities of the Environmental Review Committee can be
found in Cupertino’s Municipal Code Chapter 2.84 (Attachment A) and are outlined
here:
A. All discretionary projects which are not categorically exempt or otherwise
exempted from further environmental assessment, shall be forwarded to the
Environmental Review Committee for evaluation under the California Environmental
Quality Act.
B. The Committee shall evaluate the initial study of a proposed project to determine
whether the project may or may not have a significant effect on the environment.
C. If a determination is made that the project will not have a significant impact on the
environment, the Committee will recommend that the final reviewing authority
(decisionmaker) grant a negative declaration.
D. If a determination is made that the project may have a significant impact on the
environment, the Committee shall require preparation of an environmental impact
report (EIR). The major areas of concern, the selection of the preparer and the
preparation of the EIR shall be coordinated by the ERC not including the City Council
and Planning Commission members.
The ERC is scheduled to meet regularly twice a month; however, meetings are frequently
canceled since the City does not have many projects for which a negative declaration or
EIR are required. From 2014-2020, the ERC has held 25 meetings in total, averaging about
4 meetings a year.
In addition to reviewing Cupertino’s Environmental Review Committee, the 14 other
cities in Santa Clara County were also reviewed to determine best practices in potential
scope and the environmental review process. Research showed that Cupertino is the
only City in Santa Clara County with an Environmental Review Committee, or a specific
body that makes a recommendation on whether a project needs a negative declaration or
an Environmental Impact Report. All 14 other cities in Santa Clara County specified that
either the planning commission, staff, and/or Council are primarily responsible for
environmental review. Attachment B highlights the environmental review process in
other cities in Santa Clara County.
All of the cities reviewed have similar processes in place where staff conducts the
environmental review and prepares appropriate environmental documents for
consideration by either Planning Commission and/or City Council. In these situations,
usually planning staff, in consultation with environmental consultants or experts as
needed, make the determination of whether a project needs an EIR or a Negative
Declaration. Then staff facilitates the process by hiring consultants to create the EIR and
ensure applications are complete before it reaches the Planning Commission for a public
hearing or a final decision from Council.
Recommendation
It is recommended that the ERC review this report and provide any input on the scope of
the Environmental Review Committee and consider providing a recommendation to
Council on the revision of the scope of the ERC.
_____________________________________
Prepared by: Astrid Robles, Management Analyst
Reviewed by: Katy Nomura, Assistant to the City Manager
Approved for Submission by: Dianne Thompson, Assistant City Manager
Attachments:
A – Municipal Code Chapter 2.84: Environmental Review Committee
B – Table of Environmental Review Process in Other Cities
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CHAPTER 2.84: ENVIRONMENTAL REVIEW COMMITTEE
Section
2.84.010 Established–Composition.
2.84.020 Terms of Office.
2.84.030 Chairperson.
2.84.040 Meetings–Quorum.
2.84.050 Compensation–Expenses.
2.84.060 Majority vote required.
2.84.070 Records.
2.84.080 Duties–Powers–Responsibilities.
2.84.090 Guidelines–CEQA.
2.84.100 Appeals.
2.84.110 Fees.
2.84.120 Effect.
2.84.010 Established–Composition.
The Environmental Review Committee (ERC) of the City is established. ERC shall consist of one
City Council person, one Planning Commissioner, the City Manager, the Director of Public Works and
the Director of Community Development or their designated alternates.
In addition, the chairperson may appoint one at-large nonvoting citizen member to the committee.
The at-large member shall receive all agendas, notifications and materials which other members
receive and shall be entitled to participate in all discussions at ERC meetings in the same manner as
other members of the committee. The at-large member would serve a term of one year; provided, that
he or she may be removed at the pleasure of the chair.
(Ord. 1570, § 1, 1991; Ord. 1535, (part), 1990)
2.84.020 Terms of Office.
The terms of staff members are ongoing unless changed by action of the City Council. The term of
the City Council person and Planning Commissioner shall be reviewed periodically by the City Council
and Planning Commission respectively for reappointment or a new appointment. Because this
Committee is composed of staff and members of other bodies it is not directly governed by the
Resolution of the Cupertino City Council which governs advisory bodies.
(Ord. 18-2180, § 8 (part), 2018; Ord. 1535, (part), 1990)
2.84.030 Chairperson.
The Committee shall elect its chairperson and vice-chairperson from among its members and shall
appoint a secretary. The secretary need not be a member of the Committee.
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(Ord. 1535, (part), 1990)
2.84.040 Meetings–Quorum.
A. The Environmental Review Committee shall establish a regular time and place of meeting and
rules of conduct thereof and shall hold at least two regular meetings each month.
B. A majority of the Environmental Review Committee shall constitute a quorum for the purpose of
transacting the business of the Committee.
(Ord. 1535, (part), 1990)
2.84.050 Compensation–Expenses.
Members shall serve on the Environmental Review Committee without compensation but all
necessary expenses reasonably incurred by them while acting in their official capacity shall be paid
following appropriate action by the City Council.
(Ord. 1535, (part), 1990)
2.84.060 Majority Vote Required.
A majority vote of the quorum is required to approve a recommendation on any matter that is
presented to the Committee which requires a vote.
(Ord. 1535, (part), 1990)
2.84.070 Records.
The Committee shall keep an accurate record of its proceedings and transactions, and shall render
such reports to the City Council and Planning Commission as may be required. These records shall
be filed with the City Clerk.
(Ord. 18-2180, § 8 (part), 2018; Ord. 1535, (part), 1990)
2.84.080 Duties–Powers–Responsibilities.
A. All discretionary projects which are not categorically exempt or otherwise exempted from further
environmental assessment, shall be forwarded to the Environmental Review Committee for evaluation
under the California Environmental Quality Act.
B. The Committee shall evaluate the initial study of a proposed project to determine whether the
project may or may not have a significant effect on the environment.
C. If a determination is made that the project will not have a significant impact on the environment,
the Committee will recommend that the final reviewing authority (decisionmaker) grant a negative
declaration.
D. If a determination is made that the project may have a significant impact on the environment, the
Committee shall require preparation of an environmental impact report (EIR). The major areas of
concern, the selection of the preparer and the preparation of the EIR shall be coordinated by the ERC
not including the City Council and Planning Commission members.
(Ord. 1535, (part), 1990)
2.84.090 Guidelines–CEQA.
California Environmental Quality Act guidelines promulgated by the California Secretary of
Resources and as subsequently amended are adopted by this reference.
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(Ord. 1535, (part), 1990)
2.84.100 Appeals.
The project sponsor may appeal a decision to prepare an EIR to the City Council. The appeal shall
be filed in writing with the City Clerk within five working days of the Committee's decision. If the City
Council determines that an EIR is not necessary, the project shall be returned to the ERC for further
consideration.
(Ord. 1535, (part), 1990)
2.84.110 Fees.
The City Council may, by resolution, establish an environmental assessment fee.
(Ord. 1535, (part), 1990)
2.84.120 Effect.
Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council,
Planning Commission or City officers.
(Ord. 1535, (part), 1990)
ATTACHMENT B
* Staff may work with an environmental consultant or expert to prepare the documents
** These commissions include the same functions as Cupertino’s Planning Commission, despite having a different name
Environmental Review Process in Other Cities
Cities Council/ Commission/ Staff Involvement
Campbell
Staff conducts environmental review, goes to Council
and Planning Commission (PC) for approval (Council
determines 90% of projects, PC can determine medium
sized projects)
Los Altos Staff conducts environmental review, goes to PC for a
public hearing and Council for approval
Palo Alto
Staff conducts environmental review, goes to Planning
and Transportation Commission** for public hearing, goes
to Council only for statement of overriding considerations
Milpitas Staff conducts environmental review, PC makes
recommendations to Council for final approval
Sunnyvale Staff conducts environmental review, goes to PC for
public hearing/Council for approval
Los Altos Hills Staff conducts environmental review, goes to PC for
public hearing and send recommendation to Council
Gilroy Staff conducts environmental review, goes to PC for
public hearing/Council for approval
Los Gatos Staff conducts environmental review, goes to PC for
public hearing/Council for approval
Morgan Hill Staff conducts environmental review, goes to PC for
public hearing/Council for approval
Mountain View
Staff conducts environmental review, the Zoning
Administrator/ Environmental Planning Commission**
make recommendations to Council
Saratoga Staff conducts environmental review, goes to PC for
approval and Council if appealed
Monte Sereno
Staff conducts environmental review, goes to Site and
Architectural Commission for public hearing/Council for
approval
Santa Clara Staff conducts environmental review, goes to PC for
public hearing/Council for approval
San Jose Staff conducts environmental review, goes to PC for
public hearing/Council for approval