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Planning commission approves hillside exception for new home at 22346 Regnart Road after geotechnical review
Summary
The Cupertino Planning Commission voted to approve a hillside exception (EXC2023001) allowing construction of a 6,436-square-foot single-family residence on a vacant hillside lot at 22346 Regnart Road, with conditions including supplemental geologic review at building permit and required roadway improvements per the county fire department.
The Cupertino Planning Commission voted to approve a hillside exception that allows construction of a new single-family residence on a vacant Regnart Ridge lot where slopes exceed 30 percent.
Planning staff recommended approval of EXC2023001 for 22346 Regnart Road after peer review of geologic reports and incorporation of recommended conditions. Staff said the lot, created by a 1979 subdivision (Regnart Ridge), has an average slope of about 45 percent but a relatively flat developable pad where the applicant proposes a 6,436-square-foot residence, a septic system and landscaping. Staff said the project proposes removal of two non-protected trees and planting of two oak trees and three redbuds; total landscaping proposed is about 14,500 square feet.
Staff reported that a geologic and geotechnical report prepared by the applicant in 2019 and supplemented in 2021 was peer reviewed by the city's consulting geologist. The reviewers found no evidence of landslides within the proposed development area and recommended standard conditions; a condition requires a supplemental geologic report at the time of building-permit submittal. The project proposes about "12 54 cubic yards" of cut and fill as presented to the commission, which staff said is below the allowable 2,500 cubic-yard threshold.
Santa Clara County Fire Department review required a two-foot expansion of the roadway in front of the property and improvement of an existing turnaround at the private road'end; staff said the affected neighbor and homeowners association have provided consent for the off-site work. The project also proposes a septic system behind the house with associated leach-field grading; a public commenter asked whether long-term sewer extension for the road had been considered.
During discussion, commissioners asked about past hillside exceptions in the subdivision; staff said two adjacent lots had previous approved hillside exceptions and noted that most lots in the subdivision were developed before the current RMS/hillside exception process existed. Commissioner questions also addressed the timing of geotechnical reports; staff said prior reports (2019, supplemental January 2021) did not need to be refreshed now but that an updated supplemental report will be required with building plans.
Commissioner Fung moved to adopt staff'recommended findings and conditions; the motion was seconded by Vice Chair Kasolcheron and carried with Commissioner Lindscoff absent. Staff clarified that an indemnification agreement is in place with the developer.
Why it matters: The approval allows development on a steep hillside with conditions intended to reduce geologic and fire-risk concerns, including required geotechnical verification at permit phase and roadway work required by the county fire authority.
