PC 03-28-2023 (Approved)APPROVED MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, March 28, 2023
REGULAR MEETING
At 6:45 p.m. Chair Scharf called the Regular Planning Commission meeting to order in the
Cupertino Community Hall Council Chamber, 10350 Torre Avenue.
ROLL CALL
Present: Chair Steven Scharf, Vice Chair Muni Madhdhipatla, Commissioners David Fung, Seema
Lindskog (via teleconference), Tejesh Mistry. Absent: None.
APPROVAL OF MINUTES
1.Subject: Approve the February 14 Planning Commission minutes
Recommended Action: Approve the February 14 Planning Commission minutes
Vice Chair Madhdhipatla moved and Commissioner Fung seconded to approve the
February 14 Planning Commission minutes. Ayes: Scharf, Madhdhipatla, Fung, Lindskog.
Noes: None. Abstain: Mistry. Absent: None.
ORAL COMMUNICATIONS
Jennifer Griffin spoke about City Council’s decision to dissolve the Legislative Review
Committee.
Lisa Warren spoke about requiring Municipal Code updates to the sign ordinance and the General
Plan.
San R spoke about the City Council’s decision to remove R Wang from the Planning Commission.
Rhoda Fry spoke about the City Council’s decision to deny an appeal of the Planning
Commission’s decision regarding sign exceptions of the Public Storage facility on Valley Green
Drive.
Planning Commission Minutes March 28, 2023
WRITTEN COMMUNICATIONS - None
PUBLIC HEARINGS
2. Subject: Consider the proposed development of a 282,320-square-foot office building with
a detached parking structure and removal and replacement of 113 trees and exemption
from the California Environmental Quality Act. (Application No(s): DP-2021-001, ASA-
2021-003, TR-2021-020; Applicant(s): Apple, Inc.; Location: 19191 Vallco Parkway; APN
#316-20-117)
Recommended Action: Staff recommends that the Planning Commission adopt the Draft
Resolutions (Attachments 1-3) to:
1. Find the project exempt from CEQA;
2. Approve the adoption of alternative parking standards pursuant to Municipal Code
section 19.124.060(C);
3. Approve the Development Permit (DP-2021-001);
4. Approve the Architectural and Site Approval Permit (ASA-2021-003); and
5. Approve the Tree Removal Permit (TR-2021-020).
Commissioners Fung and Lindskog recused themselves; Chair Scharf, Vice Chair
Madhdhipatla, and Commissioner Mistry constitute an in-person quorum for this item.
Planning Manager Ghosh introduced Senior Planner Gian Martire who gave presentation
on the proposed development which includes the construction of a new office building
and six-level parking garage. This development falls under the Major Employer
allocation within the City’s General Plan Compliance guidelines. Site design of building
includes a common open space and retail (located on southwest corner of building).
A parking analysis conducted by Apple resulted in the request for an alternative
standard similar to the one approved for Apple Park, with 904 proposed on-site parking
spaces for the office use and 10 spaces for the retail use.
To accommodate for the construction, 126 trees are proposed for replacement and the
addition of 57 new tree plantings.
Environmental review shows the project to be categorically exempt. Staff recommend the
project be approved concurrent with staff findings, with an added condition of approval
regarding Bird Safe Fenestration, which allows for an alternate compliance method
recommended by a qualified biologist and peer review by the City’s third party
consultant arborist, both subject to Community Development Department Director’s
approval.
Planning Commission Minutes March 28, 2023
Applicant Gary Chao from Apple Inc.’s development team addressed the Commission to
describe the proposal and answered questions from the Commission regarding the total
amount of employees that will be in the new building, bike lane s, parking infrastructure,
lighting/energy conservation and occupancy sensors, and clarification on the utilization of
the proposed retail space.
Written communications were received before and during the meeting and forwarded to
the Commission.
Chair Scharf opened the public comment period and the following people spoke:
Jennifer Griffin spoke in support of keeping the trees on the site closest to the Tantau
Avenue site of proposed development, and bicycle-pedestrian safety.
Connie Cunningham (representing self) requested clarification on the bird-safe and
dark-sky conditions of approval and design standards for windows, to which Apple
representatives responded.
Lisa Warren spoke against project and proposed alternative standards.
San R spoke in support of project.
Jean Bedord spoke in support of project.
Steve Kelly spoke in support of project and expressed concern of Apple’s efforts to
provide affordable housing for their employees, to which Apple representatives
responded.
Rhoda Fry spoke in support of project expressed concern about safety and traffic on
proposed site, to which Apple representatives responded.
Chair Scharf closed the public comment period.
Senior Planner Martire, Planning Manager Ghosh, City Attorney Chris Jensen and
applicants answered questions from the Commission.
Chair Scharf moved and Vice Chair Madhdhipatla seconded to adopt resolutions with
added condition of approval for bird-safe fenestration guidelines and approve
applications. Ayes: Scharf, Madhdhipatla, Mistry. Noes: None. Abstain: None. Absent:
None. Recused: Fung, Lindskog.
Commissioners Fung and Lindskog rejoined meeting.
The Commission recessed from 8:15 to 8:21.
3. Subject: Review of the Fiscal Year 2023 - 2024 Capital Improvement Program proposal for
Planning Commission Minutes March 28, 2023
consistency with the City of Cupertino's General Plan.
Recommended Action: Adopt a Resolution finding that the Fiscal Year 2023 - 2024
Capital Improvement Program proposal is consistent with the City's General Plan.
Planning Manager Ghosh introduced Capital Improvement Programs (CIP) Manager
Susan Michael who gave presentation on the Public Works Capital Improvement projects
and 6 proposed new projects that address land use, mobility, energy and sustainability
and infrastructure, including:
Stevens Creek Blvd/Calabazas Creek Storm Drain Repair
Fiber-optic Expansion at the purchased City Hall Annex at 10455 Torre Avenue for
proposed Emergency Operations Center facility
Bollinger Road Bike Improvements (in collaboration with City of San Jose)
Civic Center Microgrid
San Tomas Aquino/Saratoga Creek Trail Extension and Feasibility Study
Stevens Creek Bridge Repair
In addition to the proposed projects, a 7th , already-existing project would revolve around
further City Hall Improvements.
The Commission will only be deciding whether the proposed projects for the upcoming
fiscal year are consistent and in conformance with the General Plan, which will be
approved by Council for the next fiscal year budget approval.
Written communications were received before and during the meeting.
Chair Scharf opened the public comment period and the following people spoke:
Jennifer Griffin expressed concern about Bollinger Road bike improvements.
Rhoda Fry expressed concerns to build new City Hall and requested clarification
on Stevens Creek bridge repair.
San R expressed prioritizing McClellan road bridge repair and Merriman Road
storm drain, and removal of bike lane improvement projects, to which Public
Works Assistant Director Chad Mosley responded would be an infrastructure
project in future years.
Rahul Vadodkar expressed concern about Bollinger Road bike improvements and
suggested improvements to Stevens Creek and Miller Road.
Chair Scharf closed the public comment period.
CIP Manager Michael, Planning Manager Ghosh, Acting Assistant Community
Planning Commission Minutes March 28, 2023
Development Director Luke Connolly, Senior Assistant City Attorney Michael Woo, and
Public Works Assistant Director Mosley answered questions from the Commission
regarding fiscal impacts with the City Hall renovation project, Civic Center Microgrid,
bridge repair recommendations, San Tomas Aquino trail expansion and involvement of
other local jurisdictions, and design and funding constraints within the fiscal year.
Commissioner Fung moved and Vice Chair Madhdhipatla seconded to adopt resolution
with modified language to read “…The Planning Commission of the City of Cupertino
finds the proposed…”.
Substitute motion by Commission Lindskog to accept all projects to be in conformance
with the General Plan except the proposed Civic Center Microgrid project. Substitute
motion did not receive a second and failed.
Ayes: Scharf, Madhdhipatla, Fung, Lindskog, Mistry. Noes: None. Abstain: None.
Absent: None.
4. Subject: Consider renewal of a Conditional Use Permit and CEQA exemption for an
existing mono-pine wireless communications facility (U-2011-07). (Application No: U-
2023-001; Applicant: John Merritt; Location: 22475 Rancho Deep Cliff Drive; APN: 356-02-
999)
Recommended Action: That the Planning Commission adopt the proposed draft resolution
to:
1. Find that the approval of the project is exempt from CEQA; and
2. Approve the Use Permit (U-2023-001).
Senior Planner Martire gave presentation on proposed existing conditional use permit
renewal for existing mono-pine facility, for which an extended-use permit for collocated
antenna on mono-pine was renewed in 2022. If approved tonight, the permit would be
extended through March 28, 2033.
No written communications were received for this item before and during the meeting.
Applicant John Merritt addressed the Commission and answered questions.
Chair Scharf opened the public comment period and the following people spoke:
Jennifer Griffin asked about the Telecommunications act of 1996 and its relevance
to the mono-pine use permit.
San R spoke in support of project.
Planning Commission Minutes March 28, 2023
Chair Scharf closed the public comment period.
Vice Chair Madhdhipatla moved and Chair Scharf seconded to adopt resolutions and
approve applications. Ayes: Scharf, Madhdhipatla, Fung, Lindskog, Mistry. Noes: None.
Abstain: None. Absent: None.
OLD BUSINESS – None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
Chair Scharf and Commissioners Lindskog and Mistry will be attending the League of Califor nia
Cities Planning Commissioners Academy Conference in Garden Grove from Wednesday, March
29 through Friday, March 31.
FUTURE AGENDA SETTING – None
ADJOURNMENT
At 9:38 p.m., Chair Scharf adjourned the meeting.
_/s/Cyrah Caburian____________________
Cyrah Caburian, Administrative Assistant