PC 11-14-2023 Presentations
Planning Commission
Meeting
November 14, 2023
Presentations
Item 2
Municipal Code Amendment to
Chapter 19.76 and a
Conditional Use Permit and
Parking Exception for the use of
a former public school site for a
private K-9 educational facility
Planning Commission
November 14, 2023
MCA-2023-003 – Code Amendment
U -2023-002 – Use Permit
EXC-2023-009 – Parking Exception
Code Amendment
●Clarifies conditionally allowed private uses on BA
zoned sites
●Codifies historical practices
Use Permit Project Site
Address
1170 Yorkshire Drive
Zoning District
BA
Request
Private Pre-K through
9th grade school
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Use Permit Proposal
●Pre-K - 9th grade - up to 300 students and 85 staff
●Afterschool program - up to 125 students
●Summer school - up to 300 students and 60 staff
●Up to seven special events annually
●Small, school-related events
●Daily operations from 7:30 a.m. to 4:00 p.m.
Use Permit Proposal
Drop Off
●On-site drop off in
main parking lot
loop
Pick Up
●Staggered release
of students to
parents in parking
lot loop
Parking Proposal
On-Site Parking
●148 parking spaces required by CMC
●67 spaces on-site - 47 existing, 20 proposed
Satellite Parking Lot and Shuttle
●81 spaces provided at satellite parking lot (New
Life Church)
●Shuttle from parking lot to campus proposed
Parking Proposal
Event Parking
●67 on-site spaces, plus 100+ spaces on blacktop
Review by City Council
●MCA-2023-003 requires review by City Council
●Final approval over combined application
shall be by the highest body required
●December 5, 2023 - Projected City Council
meeting date
Recommended Actions
That the Planning Commission adopt the proposed
draft resolutions (Attachments 1
through 3) recommending that the City Council:
1.Adopt the Municipal Code Amendment (MCA-
2023-003);
2.Approve the Conditional Use Permit (U-2023-002);
and
3.Approve the Parking Exception (EXC-2023-009)
Cupertino Planning Commission
11/14/23 Hearing
Tessellations Overview
●Non-profit (founded 2020)
●Serving the gifted population
●Progressive
●K-8th -> PK-9th -> PK-8th
Giftedness
Giftedness is asynchronous development in which
advanced cognitive abilities and heightened intensity
combine to create inner experiences and awareness that
are qualitatively different from the norm.
Columbus Group (1991)
Giftedness
●Different academic needs
●Different social emotional needs
○Intense
○Sensitive
○Highly empathetic
●Intrinsically motivated
●A “left-behind” population
●An at-risk population
●An important population
Community
Community
●The families are gifted, too
●Other-oriented
●Leave things in better stead
Community
Impact on Public Schools
●5% of Tessie students live in Cupertino
●K-8th: 9 students (compared to 14k in CUSD K-8)
●High school at capacity: 15 (compared to 9k)
●Over half come from other private schools
●“Stealing” <.5 students from Monte Vista per year
●Different population
Taking Care of Our People
●Family attrition 4%
●Job Applications 1700+
Cupertino +
●Proud to be in Cupertino
●Making Cupertino Proud
Thank You
Thank You
Appendix
Slides after this point are optional.
Transportation Efforts (Staff)
●Carpools: 19 in 7 vehicles and climbing
●Bike/walk: 12
●Relocated less-frequently-used vans
●Shuttle service expandable as needed
●Zero staff impact on neighborhood parking
●Open to future changes / suggestions
Transportation Efforts (Students)
●Carpools: Varies - currently over 25%
●Vanpool starting soon
●DashPass
●Always Iterating
Sign Clarity
Sign Clarity
Planning Commission
Meeting
November 14, 2023
Presentations
Item 3
Conditional Use Permit
Amendment and Architectural &
Site Approval to consider a
modification of the original Main
Street Use Permit (U-2008-01) for
the addition of a second floor
within Shop 1 (TD Ameritrade)
19409 Stevens Creek Blvd.
November 14, 2023
CONDITIONAL USE PERMIT AMENDMENT AND ARCHITECTURAL & SITE APPROVAL TO CONSIDER A
MODIFICATION OF THE ORIGINAL MAIN STREET USE
PERMIT (U-2008-01) FOR THE ADDITION OF A
SECOND FLOOR
WITHIN SHOP 1 (TD AMERITRADE)
Background
In 2012, Main Street Cupertino Approved:
●130,000 square feet of retail/commercial;
●180-room Hotel;
●260,000 square feet of Office;
●120 unit apartments
●Parking garage
Request •Shop 1 (TD
Ameritrade)
•Existing Square
footage is 5,930
square
•5,585 square foot
second-floor
addition (total feet
to 11,515 square
feet)
•Minor façade
modifications.
Existing East/West Elevations
Proposed East/West Elevations
Existing North/South Elevations
Proposed North/South Elevations
Analysis
Conforms with General Plan & Zoning.
5,585 square foot second floor would amend Main Street
allocation from 130,500 square feet to 136,085 square feet.
Peak demand of 909 parking spaces out of 1,242
available.
Third Addendum to Final Environmental Impact Report for
Main Street Cupertino Project (SCH# 2008082058) would
not result in any new impacts or increase severity of
previously identified significant impacts.
Heart of City Commercial (s.f.)
Current Allocation Available 790,270
Added square footage 5,585
Remaining Allocation Balance 784,685
Recommended Action
That the Planning Commission adopt the proposed draft resolutions to:
●Adopt the Third Addendum to an EIR and approve the Conditional Use Permit Amendment (M-2022-003); and
●Approve the Architectural and Site Approval Permit (ASA-2023-009).
Next Steps
Should the project be approved, the Planning
Commission’s decision on this project is final unless an
appeal is filed within 14 calendar days of the date of
the decision. All approvals granted by the Planning
Commission shall go into effect after 14 days.
Planning Commission
Meeting
November 14, 2023
Presentations
Item 4
Proposed amendments to
Municipal Code Chapter 19.12,
Chapter 19.28 and Chapter
19.112 regarding Two-Story
Permit and Accessory Dwelling
Unit (ADU) laws.
November 14, 2023
PROPOSED AMENDMENTS TO MUNICIPAL CODE CHAPTER 19.12,
CHAPTER 19.28 AND CHAPTER 19.112 REGARDING TWO-STORY
PERMIT AND ACCESSORY DWELLING UNIT (ADU) LAWS.
Background
Two Story Permit
●Required when a two-story addition or new two-story home is
proposed in an R1 zoning district.
●768 Planning permit applications received since November of 2021,
98 are Two-Story Permit applications.
●Potential to streamline permitting process.
●Remain subject to the approval of a building permit.
●Planning staff review compliance with codified
development standards.
●Minor Residential Permits, as well as Residential Design Review
Permits, are proposed to remain.
Analysis – Two Story Permit
●Municipal Code Chapters 19.12 Administration, 19.28 Single-Family
Residential (R-1) Zones
●Remove all reference to Two Story Permit
●Prescriptive Standards Remain
●Certain discretionary design standards proposed to be non-discretionary:
●Eliminating three-car wide curb cuts.
●No more than fifty percent of the front elevation of a house shall
consist of garage area, unless the lot is not wide enough to
accommodate standard.
●Usable Living area shall be closer to the street, while garages should
be set back more.
●Structures shall not have any mechanical, heating or cooling or
associated piping installed on the roof.
●Porches shall appear proportionately greater in width than in height.
Background
Accessory Dwelling Unit (ADU)
●Chapter 19.112, Accessory Dwelling Units has been modified
several times since 2016 to keep current with State of California’s
various Assembly and Senate Bills affecting ADU production.
●Based on recent changes in state law, City’s ADU ordinance is out
of date and unenforceable.
Analysis – Accessory Dwelling
Units
Municipal Code Chapter 19.112 Accessory Dwelling Units
Streamlined ADUs Non-Streamlined ADUs
•Three ADUs per single-family :
•One attached ADU (under 800 square
feet)
•One conversion of existing space ADU
(whether in principal dwelling unit or
existing accessory structure)
•One detached ADU (under 800 square
feet), or
•One Junior ADU
•Allowance for heights of 18 feet for a detached
ADU within a half a mile walking distance of a
major transit stop or corridor, and 25 feet if it’s
attached to a principal dwelling unit.
•Allowance for a second story on attached or
detached ADUs if located within a half a mile
walking distance of a major transit stop or
corridor.
•Allowance for heights of 18 feet for
a detached ADU within a half a
mile of transit, and 25 feet if it’s
attached to a principal dwelling
unit.
•Allowance for second story on
attached or detached ADU if
located within a half a mile walking
distance of a major transit stop or
transit corridor.
Recommended Action
That the Planning Commission adopt the draft resolution (Attachment 1) recommending that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single-Family Residential (R-1) Zones.
c. Chapter 19.112, Accessory Dwelling Units (ADU)
Next Steps
Planning Commission’s recommendation will be
forwarded to City Council (12/5/23)for a First Reading.
Second Reading is tentatively scheduled for 12/19/23.