PC 04-25-2023 (Approved)APPROVED MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, April 25, 2023
REGULAR MEETING
At 6:45 p.m. Chair Steven Scharf called the Regular Planning Commission meeting to order in
the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.
ROLL CALL
Present: Chair Steven Scharf, Vice Chair Muni Madhdhipatla, and Commissioners David Fung,
Seema Lindskog, and Tejesh Mistry. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Receive Email Phishing Campaign Presentation from the City’s Infrastructure
Division
Recommended Action: Receive Email Phishing Campaign presentation from the City's
Infrastructure Division.
Innovation Technology (IT) Network Specialist Toan Quach gave a presentation on the
various types of cyber threats and the City’s cybersecurity defense program.
The Commission received the Email Phishing Campaign presentation from the City's
Infrastructure Division.
APPROVAL OF MINUTES
2.Subject: Approve the March 28 Planning Commission meeting minutes
Recommended Action: Approve the March 28 Planning Commission meeting minutes
Madhdhipatla moved and Fung seconded to approve the March 28 Planning Commission
meeting minutes. Ayes: Scharf, Madhdhipatla, Fung, Lindskog, Mistry. Noes: None.
Abstain: None. Absent: None.
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POSTPONEMENTS – None
ORAL COMMUNICATIONS
Jennifer Griffin was concerned about delays in the Housing Element process, achieving
certification, and supported continued public engagement.
WRITTEN COMMUNICATIONS - None
CONSENT CALENDAR – None
PUBLIC HEARINGS
3. Subject: Consider a Conditional Use Permit for the concurrent sale of alcoholic
beverages and gasoline at an existing Chevron gasoline service station. (Application
No.: U-2022-006; Applicant: Steve Rawlings on behalf of Chevron Stations; Location:
11010 N De Anza Blvd; APN# 309-42-041) (Continued from February 14, 2023)
Recommended Action: That the Planning Commission adopt the proposed draft
resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Conditional Use Permit (U-2022-006)
Written Communications for this item included written comments from Commissioner
Lindskog.
Commissioner Lindskog recused herself from this item and left the dais.
Interim Assistant Director of Community Development Luke Connolly introduced
Associate Planner Emi Sugiyama who gave a presentation on the proposed Conditional
Use Permit.
Associate Planner Sugiyama provided a summary of the February 14 discussion and
noted that the Commission continued this item to allow staff time to provide additional
information, related to the proximity of schools and any permits issued to existing gas
stations in the area. This information was included in the revised staff report and
supporting attachments.
Applicant Steve Rawlings, representing Chevron Stations, agreed with the staff
recommendation and the conditions of approval as presented.
Chair Scharf opened the public hearing and the following people spoke.
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Jennifer Griffin was concerned about crime and safety issues, the security policy and
employee training, and the plan for license plate readers in Cupertino and Sunnyvale.
Chair Scharf closed the public hearing.
Commissioners asked questions and made comments.
Chair Scharf was concerned about the gas station selling beer and wine without a City use
permit since 1995 and expanding this operation to selling spirits without appropriate
permits. He also commented on the Alcoholic Beverage Control (ABC) signage content
related to the ABC application. (Shared written comments).
Vice Chair Madhdhipatla asked about public noticing to the tenants living in the adjacent
properties and the concurrent process through ABC for issuing a license.
Commissioner Mistry requested clarification on the Type 21 license compared to other
permits authorizing alcoholic beverages, and the types of products that would be sold.
The Applicant and staff responded to questions.
Fung moved and Mistry seconded that the Planning Commission adopt the proposed
draft resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Conditional Use Permit (U-2022-006)
Ayes: Scharf, Madhdhipatla, Fung, Mistry. Noes: None. Abstain: None. Absent (Recused):
Lindskog.
Commissioner Lindskog returned to the dais.
OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
Commissioners reported on their various activities:
Commissioner Fung reported attendance at the Earth and Arbor Day Festival.
Vice Chair Madhdhipatla met with residents on the Bollinger area development (former
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Page 4
Taco Bell site and adjoining properties) and rezoning as part of the Housing Element.
Commissioner Lindskog reported attendance at the monthly Mayor’s meeting with
Commissioners.
Chair Scharf reported attendance at the League of California Cities Planning
Commissioners Academy Conference to learn about new State legislation
(Commissioners Lindskog and Mistry also attended); and a visit to Sacramento to lobby
for affordable housing legislation.
FUTURE AGENDA SETTING – None
ADJOURNMENT
At 7:36 p.m., Chair Scharf adjourned the Regular Planning Commission Meeting.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk